Title
RESOLUTION 2022-004 of the Board of Zoning Adjustments Certifying an Environmental Impact Report and Adopting California Environmental Quality Act (CEQA) Findings on Impacts and Mitigation Measures for the Proposed Project, Alternatives Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program for PLN20-0044 Located at 1919 Williams Street.
Body
WHEREAS, pursuant to Section 15161 of the California Environmental Quality Act (CEQA) Guidelines, an Initial Study had been prepared for the Project. The Initial Study identified significant environmental impacts arising from the Project that could not be mitigated to a less-than-significant level; and
WHEREAS, the City determined that an Environmental Impact Report (EIR) would be prepared for the Project and circulated a Notice of Preparation (NOP) dated August 27, 2021 to public agencies and interested parties, posted on the East Bay Times Daily Newspaper ad and was available for review on the City’s website and at City Hall for consultation on the scope of the EIR; and
WHEREAS, the City sent AB52 Consultation notification letters dated September 14, 2021 to California Native American tribes that have requested to be notified by lead agencies of proposed projects in the geographic area with which the tribe is traditionally and culturally affiliated. The City provided a 30-day response period from the date of receipt; and
WHEREAS, based on the project description and responses to the NOP, the City prepared a Draft EIR dated March 1, 2022 (SCH No. 2021080547) which reflected the independent judgment of the City as to the potential environmental effects of the Project. The Draft EIR is attached as Exhibit A and incorporated herein by reference. The City circulated a Notice of Availability (NOA) and the Draft EIR for a 30-day public review period, from March 1, 2022 to March 31, 2022. The Draft EIR was distributed to local, regional, and State agencies. The Draft EIR was available for review on the City’s website, and at City Hall; and
WHEREAS, the City received comment letters in response to the Notice of Availability from two interested organizations during the public review period. In accordance with CEQA, the City prepared written responses to all the comments received during the public review period. The City prepared a Final EIR dated May 26, 2022, attached as Exhibit B, incorporated herein by reference. The Final EIR included an annotated copy of each comment letter identifying specific comments, responses to each specific comment, and clarifications and minor corrections to information presented in the Draft EIR. The responses to comments provide the City’s good faith, reasoned analysis of the environmental issues raised by the comments; and
WHEREAS, information was generated in the course of preparing written responses for the Final EIR. The City carefully reviewed both the comments and the written responses to assess whether they constituted significant new information that would require recirculation of the Draft EIR under the standards in CEQA Guidelines section 15088.5. After its review, the City determined that the Final EIR, including the comments, clarifications and minor corrections to the Draft EIR, do not constitute significant new information requiring recirculation of the Draft EIR; and
WHEREAS, a staff report, dated June 2, 2022 and incorporated herein by reference, described and analyzed the Project and the related Draft and Final EIRs for the Board of Zoning Adjustments; and
WHEREAS, the Board of Zoning Adjustments reviewed the staff report, the Draft and Final EIRs, all evidence received at a noticed public hearing on June 2, 2022 at which time all interested parties had the opportunity to be heard, and the record of proceedings as a whole, all of which documents and evidence are hereby incorporated by reference into this Resolution; and
WHEREAS, the Draft and Final EIRs reflect the City's independent judgment and analysis on the potential for environmental impacts and constitute the Environmental Impact Report for the project; and
WHEREAS, the EIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures. Approval of the Project by the Board of Zoning Adjustments will therefore require adoption of findings on impacts and mitigations and a Mitigation Monitoring and Reporting Program, attached as Exhibit C; and
WHEREAS, after reviewing the Project, EIR, and supporting documentation, the Board of Zoning Adjustments made Findings in accord with CEQA concerning Significant Impacts and Mitigation Measures which are attached as Exhibit D; and
WHEREAS, the EIR identified significant and unavoidable environmental impacts of the Project. Approval of the Project by the Board of Zoning Adjustments will therefore require adoption of Alternatives Findings and a Statement of Overriding Considerations, attached as Exhibit E; and
WHEREAS, although the EIR included a thorough review of a range of reasonable alternatives to the Project and Project location in accord with CEQA Guidelines Section 15126.6(a), no feasible mitigation or project alternative was found to address Cultural Resources Impact CUL-1 in the EIR, as noted in the Board of Zoning Adjustments Findings Concerning the Infeasibility of Alternatives, attached as Exhibit F; and
WHEREAS, the Board of Zoning Adjustments desires, in accordance with CEQA, to declare that, despite the occurrence of significant environmental effects that cannot be substantially lessened or avoided through the adoption of feasible mitigation measures or feasible alternatives, there exist certain overriding economic, social, and other considerations for approving the project that the BZA believes justify the occurrence of those impacts; and
WHEREAS, CEQA (Guidelines Section 15043) affirms the Board of Zoning Adjustment’s (BZA) authority to approve this project even though it may cause significant effects on the environment so long as the BZA makes a fully informed and publicly disclosed decision that there is no feasible way to lessen or avoid the significant effects (Guidelines Section 15091) and that there are specifically identified expected benefits from the project that outweigh the policy of reducing or avoiding significant environmental impacts of the project (Guidelines Section 15093); and
WHEREAS, the complete EIR consists of the Draft EIR and the Final EIR together. The Draft and Final EIRs are available for review online and in the Community Development Department at City Hall during normal business hours. The location and custodian of the EIR and other documents that constitute the record of proceedings for the Project is the City of San Leandro Community Development Department, 835 East 14th Street, San Leandro, CA 94577.
NOW, THEREFORE, BE IT RESOLVED THAT:
A. The forgoing recitals are true and correct and made part of this resolution.
B. The Board of Zoning Adjustments has independently reviewed and considered the information contained in the EIR, including the written comments received on the Draft EIR and written responses to the comments, prior to making a recommendation on the Project.
C. The EIR reflects the City’s independent judgment and analysis on the potential environmental impacts of the Project, and provides information to the decision-makers and the public on the environmental consequences of approving the Project.
D. The EIR adequately describes the Project, its significant environmental impacts, mitigation measures and a reasonable range of alternatives to the Project.
BE IT FURTHER RESOLVED THAT: The Board of Zoning Adjustments of the City of San Leandro does hereby prior to the approval of the project, certify the Environmental Impact Report as complete, adequate and in compliance with CEQA and the CEQA Guidelines. The Board of Zoning Adjustments does further make and adopt all the required mitigation and alternatives findings, adopt a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program, all in compliance with the requirements of CEQA. These findings made by the Board of Zoning Adjustments of the City of San Leandro are supported by substantial evidence in the record as a whole, which is summarized herein. The Board of Zoning Adjustments directs that, upon approval of the Project, the City’s Community Development Department shall file a notice of determination with the County Clerk of Alameda County and, if the Project requires a discretionary approval from any state agency, with the State Office of Planning and Research, pursuant to the provisions of CEQA section 21152.