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Resolution 12068CITY OF ALAMEDA RESOLUTION NO. 12068 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PERTAINING TO PROPOSED GENERAL PLAN REVISION WHEREAS, the Planning Board of the City of Alameda has considered the Final Environmental Impact Report regarding the Revised General Plan Elements, with the exception of the Housing Element; and WHEREAS, the Draft Environmental Impact Report (EIR) was discussed at public hearings before the Planning Board on October 10 and 24, 1990, was circulated for public comment between the dates of September 18, 1990 and November 5, 1990, and submitted it to the State Clearinghouse, for comment by State agencies (State Clearinghouse No. 90030463); and WHEREAS, comments and testimony on the Draft EIR were responded to through Response to Comments and staff reports submitted to the Planning Board and City Council; and WHEREAS, the Planning Board at its January 28, 1991 meeting voted to recommend Certification of Adequacy of the Final Environmental Impact Report for the General Plan Revision; and WHEREAS, Section 21002.1 of the Public Resources Code and Section 15091 require that the City Council make one or more written findings prior to the approval of a project for which an EIR has been completed, identifying one or more significant effects of the project along with the facts supporting each finding; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda that: 1. The City Council finds that the Final EIR has identified all significant environmental effects of the project and that there are no known potential environmental impacts not addressed in the Final EIR. 2. The City Council finds that all significant effects of the project are set forth in the Final EIR. 3. The City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the project is approved, all significant effects that can be feasibly avoided or mitigated have been avoided or mitigated by the General Plan policies and mitigation measures incorporated in the Final EIR. • 4. The City Council finds that potential mitigation measures and project alternatives were not incorporated into the project based upon the following findings as set forth below and in the Final EIR: a. The City Council finds that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR with respect to additional travel caused by jobs- housing imbalance and related poor traffic service levels at four intersections. These impacts are primarily attributable to development that will occur under entitlements that predate the General Plan revision. The previous entitlements precluded consideration of an EIR alternative excluding this development. This specific consideration made infeasible a "no project" alternative for entitled projects, and Public Resources Code Section 21081(c) applies; and b. The City Council finds that such changes or alterations to the project with respect to wetlands and water-related habitats impacts described below are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such agency. Wetlands and water-related habitat impacts are due to construction of a 66th Avenue Connector and a Cross-Airport Roadway. Although these projects are part of the Alameda General Plan, they are located outside jurisdiction of Alameda. Public Resources Code Section 21081(b) applies to the Cross- Airport Roadway because it will be built by the Port of Oakland mainly on Port property. If detailed environmental review of the 66th Avenue Connector reveals significant impacts for which mitigation is not feasible, the project should be altered or abandoned; and c. The City Council finds that such changes or alterations to the project with respect to impacts related to the Metropolitan Oakland International Airport described below are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such agency. New runway alternatives under study by the Metropolitan Oakland International Airport (MOIA) and continuing increases in passenger and cargo volume threaten to increase the number of Alameda homes subject to aircraft noise exceeding 65 03 CNEL. Consequently, changes to avoid or mitigate significant impacts are the responsibility of and the juridiction of the Port of Oakland and Public Resources Code Section 21081(b) applies. The City has no control over MOIA facilities or operations. The City and the Port of Oakland are subject to a 1976 Settlement Agreement; and 5. The City Council finds that the Final EIR has described all reasonable alternatives to the project that could feasibly attain the basic objectives of the project, even when those alternatives might impede the attainment of other project objectives and might be more costly. Further the City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. 6. The City Council determines that to track implementation of Plan policies, a monitoring and reporting program as required by the California Public Resources Code, section 21081.6, shall be implemented. Because many Plan policies are in themselves mitigation measures, a status report on Plan implementation together with a status report on the monitoring and reporting measures specified in the DEIR should serve to meet CEQA requirements for mitigation monitoring and reporting, and may be included either in an annual report or other periodic reports to the City Council. Ongoing monitoring and reporting tasks shall be performed in the course of duties appropriate to each department, and additional monitoring and reporting identified as necessary through the environmental review process shall be performed by applicants and required as conditions of approval where new development may have a significant adverse environmental impact. Applicants shall bear the cost of any project- specific monitoring and reporting associated with the impacts of new development; and 7. The City Council finds that a good faith effort has been made to seek out and incorporate all points of view in the preparation of the Draft and Final EIR as indicated in the public record on the project, including the Final EIR. 8. The City Council has considered the recommendation of the Planning Board in its decision on the project. NOW, THEREFORE BE IT FURTHER RESOLVED by the Council of the City of Alameda that said Council hereby certifies the Final Environmental Impact Report for the General Plan Revision as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. Said Final Environmental Impac._ Report is comprised of the following elements: 1. Draft EIR and Technical Appendices 2. Responses to Comments and Addendum to Draft EIR 3. Planning Board Staff Reports 4. Planning Board Minutes 5. Planning Board Resolution No. 2153 6. City Council Staff Report 7. City Council Minutes 8. City Council Resolution 9. Comments and Responses received prior to final action and not contained in 1-8 above. All of the above information has been and will be on file with the Planning Department, City of Alameda, 2263 Santa Clara Street, Alameda 94501 (415) 748-4554. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 5th of February, 1991, by the following vote to wit: AYES: (4) Councilmembers Arnerich, Camicia, Withrow and President Corica. NOES: (1) Councilmember Thomas. ABSENT: (0) None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of February, 1991. itY;',77i/1;7 City Clerk of the City of Alameda