RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA APPROVAL AND CERTIFICATION OF A FINAL ENVIRONMENTAL IMPACT REPORT, FOR THE ADOPTION OF CEQA FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS WITH RESPECT THERETO, AND ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DOWNTOWN PRECISE PLAN AND FORM BASED ZONING CODE SCH No.: 2022010282
Santa Clara Downtown Precise Plan Environmental Impact Report WHEREAS, the City intends to adopt the Downtown Precise Plan and Form Based Zoning Code, a Plan and Zoning District for a revitalized Downtown with a reconnected street grid, new public spaces and up to 1,071 residential units, 531,720 square feet of office space, and 197,900 square feet of commercials uses, located on approximately 25 acres bounded by Benton Street, Lafayette Street, Homestead Road, and Madison Street, which is currently developed with a mix of residential, office, and retail uses in buildings ranging from one to seven stories; and; WHEREAS, a Precise Plan provides detailed guidance through goals, policies, and implementation measures with more detail than the General Plan; WHEREAS, a Form Based Zoning Code provides development standards that implement the direction of the Precise Plan; WHEREAS, the proposed Downtown Precise Plan is consistent with the Goals and Policies of the Future Focus Areas section in the General Plan; WHEREAS, as a part of implementing the Precise Plan, the City is contemplating the adoption of a General Plan Amendment (“GPA”) to amend the General Plan land use diagram by changing the existing land use designations of the Project Site from Downtown Core, Community Mixed Use, and Medium Density Residential to a new designation, Downtown, that allows for a mix of residential, commercial, office, and civic uses with site specific building heights ranging from two to seven stories; WHEREAS, the City is contemplating the amendment of SCCC Title 18, the Zoning Code, to replace the CD - Downtown Commercial zoning district with a Downtown zoning district and associated Form-Based Zoning Code that implements and is consistent with the proposed Precise Plan, and to apply this zoning district across the entire Project Site; WHEREAS, the Project approvals will include this Resolution; the CEQA Resolution; the General Plan Amendment Resolution; the Precise Plan Resolution; and the Ordinance for the Zoning Code Text Amendment and Rezoning Ordinance (collectively, the “Approvals”); WHEREAS, on January 19, 2022 the City of Santa Clara (“City”) distributed a Notice of Preparation of a Draft Environmental Impact Report (“DEIR”) for the Downtown Precise Plan that included a total of approximately 1,317,600 square feet of housing (up to 1,326 residential units); 669,500 square feet of office/hotel; 197,900 square feet of retail/retail ready/and entertainment; and 44,300 square feet of public space and on January 19, 2022 posted the Notice at the Santa Clara County Clerk’s office, soliciting guidance on the scope and content of the environmental information to be included in the DEIR; WHEREAS, the DEIR was prepared in accordance with CEQA and the City circulated copies of the DEIR and Notice of Availability to the public agencies which have jurisdiction by law with respect to the Project, as well as to other interested persons, organizations and agencies, and the City sought the comments of such persons, organizations and agencies on May 31, 2023 for a 45-day review period, ending on July 17, 2023 (“Comment Period”); WHEREAS, the City prepared written responses to the comments received during the Comment Period and included those responses in a Final Environmental Impact Report (“FEIR”). The FEIR consists of a list of agencies and organizations to whom the DEIR was sent, a list of the comment letters received on the DEIR, revisions to the text of the DEIR, responses to comments received on the DEIR, and copies of comment letters. The FEIR was circulated for a 10-day review period beginning on October 11, 2023; WHEREAS, the DEIR and FEIR constitute the EIR for the Project; WHEREAS, the EIR identified certain significant and potentially significant adverse effects on the environment that would be caused by the Project as proposed; WHEREAS, the EIR outlined various mitigation measures that would substantially lessen or avoid the Project’s significant effects on the environment, as well as alternatives to the Project as proposed that would provide some environmental advantages; WHEREAS, the City is required, pursuant to the California Environmental Quality Act (“CEQA”) (Public Resources Code § 21000 et seq.), to adopt all feasible mitigation measures or feasible project alternatives that can substantially lessen or avoid any significant environmental effects of the Project; WHEREAS, the EIR analyzed a No Project alternative for the Precise Plan area, that contemplates the existing conditions remaining substantially the same, and a Reduced Density alternative; WHEREAS, Public Resources Code § 21081, subdivision (a) requires a lead agency, before approving a project for which an EIR has been prepared and certified, to adopt findings specifying whether mitigation measures and, in some instances, alternatives discussed in the EIR, have been adopted or rejected as infeasible; WHEREAS, the “CEQA Findings” attached to this Resolution is a set of Findings of Fact and a Statement of Overriding Considerations prepared in order to satisfy the requirements of Public Resources Code § 21081, subdivision (a); WHEREAS, the City Council has determined that none of the alternatives addressed in the EIR, would be both feasible and environmentally superior to the Project as proposed. The No Project alternative and the Reduced Density alternative would not sufficiently satisfy the Project Objectives. The details supporting these determinations are set forth in the CEQA Findings; WHEREAS, in taking this course, the City Council has acted consistent with the CEQA mandate to look to project mitigations and/or alternatives as a means of substantially lessening or avoiding the environmental effects of projects as proposed; WHEREAS, many of the significant and potentially significant environmental effects associated with the Project can either be substantially lessened or avoided through the inclusion of mitigation measures proposed in the EIR; WHEREAS, the City Council, in reviewing the Project, intends to adopt all mitigation measures set forth in the EIR; WHEREAS, Section 15025(c) of the CEQA Guidelines provides that whenever an advisory body such as a Planning Commission is required to make a recommendation on a project to the decisionmaking body, the advisory body must also review and consider the EIR; WHEREAS, on October 25, 2023, the Planning Commission reviewed and considered the EIR at a duly noticed public meeting, at the conclusion of which, the Commission voted to recommend that the Council approve and certify the EIR; WHEREAS, notice of the December 5, 2023 public hearing on the proposed project was published in the Santa Clara Weekly, a newspaper of general circulation for the City, on October 11, 2023; WHEREAS, notices of the December 5, 2023 public hearing on the proposed project were mailed to all property owners within 1,000 feet of the Project Site, according to the most recent assessor’s roll, on October 11, 2023; and, WHEREAS, the City Council reviewed the EIR and Mitigation Monitoring and Reporting Program, attached as the “MMRP”, as well as a set of CEQA Findings and, in accordance with the requirements of CEQA, along with the City Staff report pertaining to the EIR for the Project (SCH # 2022010282), and all evidence received at a duly noticed public hearing on December 5, 2023. All of these documents and evidence are incorporated herein by reference into this Resolution.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
2. That the City Council hereby finds that the EIR has been completed in compliance with CEQA.
3. That the City Council hereby finds the EIR has been presented to the City Council, which reviewed and considered the information and analysis contained therein.
4. That the City Council hereby finds, pursuant to Public Resources Code Section 21081 and California Code of Regulations, Title 14, Section 15091, that many of the proposed mitigation measures described in the EIR are feasible, and therefore will become binding upon the City and affected landowners and their assigns or successors in interest as conditions of approval when the Project is approved.
5. That the City Council hereby finds that none of the Project Alternatives set forth in the EIR can feasibly substantially lessen or avoid those significant adverse environmental effects not otherwise lessened or avoided by the adoption of all feasible mitigation measures.
6. That, in order to comply with Public Resources Code Section 21081.6, the City Council adopts the Mitigation Monitoring and Reporting Program as set forth in the attached “MMRP”. The MMRP is designed to ensure that, during project implementation, the City, affected landowners, their assigns and successors in interest and any other responsible parties comply with the feasible mitigation measures identified. The MMRP identifies, for each mitigation measure, the action to be taken and the party responsible for implementation.
7. That the City Council hereby finds that the EIR set forth program and cumulative environmental impacts that are significant and unavoidable that cannot be mitigated or avoided through the adoption of feasible mitigation measures or feasible alternatives. As to these impacts, the City Council finds that there exist certain overriding economic, social and other considerations for approving the Project that justify the occurrence of those impacts, as detailed in the “CEQA Findings” exhibit attached hereto.
8. Based on the findings set forth in this Resolution, the evidence in the City Staff Report, and the attached CEQA Findings, the City Council approves and certifies the EIR, adopts the CEQA findings concerning mitigation measures, adopts the MMRP, makes findings concerning alternatives and makes findings that there exist certain overriding economic, social and other considerations for approving the Project that justify the occurrence of those associated impacts and adopts the CEQA Findings and Statement of Overriding Considerations, all in accordance with CEQA for the Project.
9. Pursuant to Section 15091(e) of the CEQA Guidelines, the City Council hereby designates the Director of Community Development as the Custodian of Records for the Project, and the Planning Division at City Hall, 1500 Warburton Avenue, Santa Clara, California, is the location of the documents and other material that constitute the record of proceedings upon which this decision is based.
10. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE 5TH DAY OF DECEMBER, 2023, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. MMRP
2. CEQA Findings
FILENAME \p S:\Attorney\RESOLUTIONS\Form Resolution-City.doc Resolution/Downtown Precise Plan EIR Page PAGE 1 of 6
Rev: 7/27/2023
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Rev: 03-09-10; Typed: *Insert date