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Resolution 13405CITY OF ALAMEDA RESOLUTION NO. 13405 MAKING FINDINGS CONCERNING MITIGATION MEASURES AND A MITIGATION MONITORING AND REPORTING PROGRAM IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR AMENDMENTS TO THE MARINA COVE PLANNED DEVELOPMENT AND SUBDIVISION LOCATED ON BUENA VISTA AVENUE BETWEEN HIBBARD STREET AND ENTRANCE ROAD (STATE CLEARINGHOUSE #2000062119) WHEREAS, an application was made on February 25, 1999 by Kaufman and Broad (now KB Home) South Bay, Inc. for an Initial Study IS 99 -02, for a proposed development consisting of 124 detached homes and 28 attached homes on 152 lots, for a total of 152 homes and related utilities streets, open space and visitor parking on 20.93 acres of the project site. The site is located north of Buena Vista Avenue between Entrance Road and Hibbard Street and until recently contained an industrial building formerly occupied by Weyerhaeuser, and presently contains the Chipman Moving Warehouse and food storage tanks along the edge of the Estuary. The, subject property is 23.82 acres so there will be a 2.90 -acre remainder parcel following a former rail corridor, north of the Del Monte warehouse along Buena Vista Avenue between Entrance Road and Sherman Street, and a 2.1 -acre park parcel adjacent to the waterfront; and WHEREAS, on September 5, 2000 the City Council approved a Mitigated Negative Declaration (MND) for the Marina Cove Project ( "Project ") in accordance with the California Environmental Quality Act ( "CEQA ") and state and local guidelines; and WHEREAS, on September 5, 2000, the City Council adopted the Findings of Fact Regarding Environmental Impacts and Mitigation Measures for the Project and a Mitigation and Monitoring Reporting Program; WHEREAS, on August 30, 2001 KB Home applied for a Planned Development Amendment, PDA 01 -0006 and Tentative Map Amendment, TMA 01 -0001, to allow for a phased Final Map, to adjust lot lines and setbacks to address Building Code requirements and to correct the size of the Waterfront Park; and WHEREAS, on September 24, 2001, the Planning Board voted unanimously that the existing adopted Mitigated Negative Declaration was adequate to address potential environmental impacts associated with the proposed development; and NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the following Findings of Fact Regarding Environmental Impacts and Mitigation Measures for the Marina Cove Project: 1. No substantial changes are proposed in the project which require revisions to the adopted Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. No substantial changes have occurred with respect to the circumstances under which the project is undertaken which require revisions of the adopted Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and 3. No new information of substantial importance, which was not known, and could not have been known at the time the Negative Declaration was adopted, shows that: a. The project would result in potentially significant impacts that were not previously evaluated, b. Significant effects that were previously evaluated will be substantially more sever than shown in the adopted Negative Declaration; or c. Adopted mitigations do not adequately mitigate potential impacts. C: \ W P DOC S \DATA \RES O\ 10- 16 -01. RES 2 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 a regular meeting assembled on the 16th day of October, 2001, by the following vote to wit: AYES: Councilmembers Daysog, DeWitt, Johnson, Kerr and Mayor Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of October, 2001. LA- Lara Weisiger, City Clerl�C City of Alameda