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CIC Resolution 91-50C CITY OF ALAMEDA COMMUNITY IMPROVEMENT COMMISSION RESOLUTION NO. 91-50 RESOLUTION CERTIFYING THE COMPLETION OF AND MAKING FINDINGS AS TO THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE COMMUNITY IMPROVEMENT PLAN FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT AND APPROVING AND ADOPTING A MITIGATION MONITORING PROGRAM WHEREAS, a Draft Environmental Impact Report (the "Draft EIR") on the Community Improvement Plan for the Business and Waterfront Improvement Project was prepared by the City of Alameda Planning Department pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et sea.), the Guidelines for Implementation of the California Environmental Quality Act (14 Cal. Code Pegs. Section 15000 et sea., hereinafter the "State CEQA EIR Guidelines") and the City of Alameda EIR Guidelines pursuant thereto; and WHEREAS, a Notice of Completion of the Draft EIR was filed with the Office of Planning and Research ("OPR") on January 17, 1991, and a public notice of the availability of the Draft EIR was published in the Alameda Times-Star on January 22, 1991; and WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse (State Clearinghouse No. 90030829) and to those public agencies which have jurisdiction by law with respect to the Project and to other interested persons and agencies, and the comments of such persons and agencies were sought for a 45-day comment period between the dates of January 17, 1991 and March 4, 1991; and WHEREAS, the Planning Board held a public hearing and accepted public testimony on the Draft EIR on February 11, 1991; and accepted written comments on the Draft EIR through March 4, 1991; and WHEREAS, the Final Environmental Impact Report (the "Final EIR") document, which consisted of the Draft EIR with certain modifications to its text and the incorporation of a chapter containing comments and responses to comments, was prepared, circulated for public information and provided to the Planning Board on April 8, 1991, and to other interested parties during the week of April 8, 1991; and WHEREAS, the Planning Board reviewed the Final Environmental Impact Report at the April 8, 1991 meeting, and recommended certification of the Final EIR on the Community Improvement Plan for the Business and Waterfront Improvement Project; and WHEREAS, a joint public hearing was held by the Community Improvement Commission (CIC) and the City Council on May 21, 1991, 1 on the Community Improvement Plan for the Business and Waterfront Improvement Project and the Final EIR relating thereto, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment thereon or object thereto having been heard, and said Final EIR and all comments and responses thereto having been considered; and WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented, made a part of the CIC's Report on the Project, incorporating all comments received and the response of the Planning Department, the CIC and the City Council thereto as of the date hereof; WHEREAS, Section 21002.1 of the Public Resources Code and Section 15091 of the State CEQA Guidelines require that the CIC make one or more written findings prior to approval of a project for which an EIR has been completed that identifies one or more significant effects of the project, along with the facts supporting each finding; and WHEREAS, Section 21081.6 of the Public Resources Code requires that a mitigation monitoring/reporting plan be adopted for the significant effects identified in the Final EIR; and WHEREAS, the CIC has reviewed and considered the information contained in the Final EIR, pursuant to Section IV.(c) of the City of Alameda EIR Guidelines; and NOW, THEREFORE, THE CITY OF ALAMEDA COMMUNITY IMPROVEMENT COMMISSION DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The CIC hereby certifies that the Final EIR on the Community Improvement Plan for the Business and Waterfront Improvement Project has been completed in compliance with the California Environmental Quality Act, the State CEQA Guidelines and local procedures adopted by the City of Alameda Planning Department pursuant thereto, and that the CIC has reviewed and considered the information contained in the Final EIR, Section 2. The CIC has evaluated all comments, written-and oral, received from persons who have reviewed the Draft EIR. Section 3. The CIC 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. Section 4. The CIC finds that for the proposed Project the Final EIR identifies certain environmental effects that can be avoided or mitigated by the mitigation measures incorporated 2 in the Final EIR. These mitigation measures pertain to: air quality, noise, and community services, including solid waste and hazardous waste. Section 5. Each mitigation measure is summarized in the Summary Table of the Final EIR and constitutes a change or alteration that has been required in, or incorporated into, the Community Improvement Plan for the Business and Waterfront Improvement Project, thereby avoiding or substantially lessening the significant environmental effect as identified in the Final EIR, and in Exhibit A. The rationale for each mitigation measure is provided in the Summary Table, where warranted, and in the body of the Final EIR. The CIC hereby approves and adopts as a Mitigation Monitoring Program those monitoring actions set forth in Exhibit A to monitor the changes or alterations that have been required in, or incorporated into, the project in order to mitigate or substantially lessen those significant environmental effects identified in said Exhibit A. Section 6. The CIC determines that a monitoring and reporting plan as required by California Public Resources Code Section 21081.6 shall be implemented as follows. The plan shall include adoption of mitigation measures identified in the Final EIR and summarized in the Exhibit A. The Executive Director of the Community Improvement Commission, or his designated appointee, shall prepare an annual report on the implementation of the measures. Section 7. The CIC hereby makes the written findings set forth in Exhibit A, attached hereto and incorporated by reference herein, for each of the significant effects set forth in said Exhibit A, and further approves the statements of facts set forth in said Exhibit A. Based on such findings and statements of facts, the CIC hereby finds that significant environmental effects have been reduced to an acceptable level, in that all significant environmental effects have been eliminated or substantially lessened, except for the potential impact of new development on the jobs/housing balance, resulting from implementation of General Plan policies. Based on the foregoing, the CIC finds and determines that the Project will have a significant effect upon the environment. Section 8. The CIC finds that, although the Final EIR identified certain significant environmental effects that will result if the Business and Waterfront Improvement Project Community Development Plan is implemented, all significant effects that can be feasibly avoided or mitigated have been avoided or mitigated by the mitigation measures incorporated in the Final EIR, and set forth in Exhibit A. 3 Section 9. The CIC further finds that for the Community Improvement Plan for the Business and Waterfront Improvement Project, the Final EIR identifies certain other environmental effects which cannot be avoided if this project is implemented. These remaining unavoidable significant effects, set forth in Exhibit A, are found to be acceptable when balanced against the facts set forth in Section 10 of this resolution. Section 10. The California Environmental Quality Act requires a public agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. As to the significant environmental effects identified in Section 7 of this resolution which are not mitigated or substantially lessened, the CIC hereby adopts the following statement of overriding considerations. The CIC hereby finds that, based on the findings and statements of facts set forth in Exhibit A, and based on the Final EIR and/or other information contained in the records, its action to approve and carry out the Project is supported for the reasons that the Project will: eliminate blighting influences and correct environmental deficiencies in the Business and Waterfront Improvement Project (the Project Area), including, among others, small and irregular lots, obsolete and aged building types, incompatible and uneconomic land uses, substandard alleys and inadequate or deteriorated public improvements and facilities; permit the assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the project area; replan, redesign and develop undeveloped areas which are stagnant or improperly utilized; provide opportunity for participation by owners and tenants in the revitalization of their properties; strengthen retail and other commercial functions in the downtown area; strengthen the economic base of the Project Area and the community by the installation of needed site improvements to stimulate new commercial/light industrial expansion, employment and economic growth; provide adequate land for parking and open spaces; establish and implement performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire area of the Project Area; expand and improve the community's supply of housing for low- and moderate-income persons; and expand and improve the community's supply of market-rate housing. Section 11. The CIC finds that the Final EIR has described all reasonable alternatives to the project that could feasibly obtain the objectives of the project. Further, the CIC finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft EIR and all reasonable 4 alternatives were considered in the review process of the Final EIR and ultimate decisions on the project. Section 12. The CIC 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 of the project, including the Final EIR. Section 13. The CIC has reviewed and considered the information contained in the Final EIR, pursuant to Section IV (c) of the City of Alameda EIR Guidelines, and has considered the recommendation of the Planning Board as to the adequacy of the Final EIR. Section 14. Upon approval and adoption of the Community Improvement Plan for the Business and Waterfront Improvement Project by the City Council, the Secretary of the CIC is hereby directed to file a Notice of Determination with County Clerk of Alameda County and the Office of Planning and Research pursuant to the provisions of Section 15094 of the State CEQA Guidelines. BE IT FURTHER RESOLVED by the CIC of the City of Alameda that said CIC hereby recommends certification of the Final Environmental Impact Report on the Community Improvement Plan for the Business and Waterfront Improvement Project as complete and adequate in that it addresses all environmental effects of the proposed project and fully complies the requirements of the California Environmental Quality Act, the State CEQA Guidelines, and the City of Alameda EIR Guidelines. Said Final Environmental Impact Report is composed of the following elements: 1. Final EIR dated April 1991 2. Planning Board Resolution No. 2173 3. Planning Board Staff Reports, dated February 11, 1991 and April 8, 1991 4. CIC Staff Report, dated May 21, 1991 5. CIC Minutes 6. CIC Resolution 7. Comments and Responses received prior to final action by CIC not contained in Items 1 through 6 above. 5 EXHIBIT A STATEMENT OF FINDINGS ON SIGNIFICANT EFFECTS COMMUNITY IMPROVEMENT PLAN FOR THE BUSINESS AND WATERFRONT IMPROVEMENT PROJECT AND OVERRIDING CONSIDERATIONS I. BACKGROUND: CEQA REQUIREMENTS The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rational for each finding. The possible findings are: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. 2. Such changes or alterations 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 other agency. 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR (Section 15091 of the Guidelines). II. DISCUSSION OF ALTERNATIVES CEQA Guidelines require the discussion of a range of reasonable alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project. Further, the Guidelines require the evaluation of the comparative merits of the alternatives. Section 5 of the Final EIR evaluates the following CEQA project alternatives: (1) No Project; (2) Alternative Project Boundaries; (3) Alternative Land Use Patterns. The EIR concludes that the proposed Project, the Community Improvement Plan (Plan) for the Business and Waterfront Improvement Project (BWIP) would eliminate some of the existing adverse environmental conditions identified in the General Plan EIR and any significant effects of the proposed Project can be mitigated to a less than significant level, with the exception of the potential impact on the Jobs/Housing balance. As identified in the Final EIR 1. specific economic, social or other considerations make infeasible the project alternatives, since they would not implement the land use goals and policies of the City's General Plan. III. PROJECT DESCRIPTION The City Alameda is considering approval of a plan for a BWIP in the City of Alameda, as proposed by the Alameda Community Improvement Commission (CIC) in accordance with the Community Redevelopment Law of the State of California. If the proposed Plan is adopted by action of the Alameda City Council, the subsequent responsibility for implementing the plan would lie with the CIC. The purpose of the Business Waterfront and Improvement Project is to stimulate and support public actions and/or private projects that will improve or alleviate the detrimental physical, social and economic conditions existing in the Project Area. The Plan for the Project Area sets forth certain goals for the development and redevelopment of the Project Area and the financial and other implementation tools which may be used to attain those goals. For purposes of an environmental assessment, the Plan may be considered an infrastructure improvement plan rather than a development plan, as there is sufficient specificity to review the public projects, but not sufficient specificity to review the private projects. The Plan indicates that the Alameda CIC anticipates undertaking various capital improvement projects and financial programs to assist in the overall improvement of the Project Area. The types of activities that could be undertaken include, but are not limited to, roadway construction, traffic control improvements, drainage improvements, provision of parks and open space, remediation of environmental contamination, provision of additional low and moderate income housing and facilitation of commercial, industrial and other private sector development. As an implementation tool, the Plan would promote projects and land uses consistent with the City's General Plan. The principal financing tools to be used to help eliminate blighted conditions and blighting influences now prevalent in the Project Area include the use of property tax increments generated in the Project Area in future years. Implementation of the Plan will not require new taxes or an increase in taxes, and neither the City of Alameda nor the BWIP area property owners will be liable for any debts of the CIC. The Project Area is located in the City of Alameda, in Alameda County. The proposed BWIP area encompasses a total of 749 acres. The Project Area contains the following general subareas: Park Street and Webster Street commercial districts, neighborhood 2 commercial districts along Lincoln, the Alameda Gateway (formerly Todd Shipyards), the Alameda Naval Supply Center, Mariner's Square, the Island Auto Movie site, the Northern Waterfront, the College of Alameda and Civic Center. Adoption of the proposed Community Improvement Plan for the Business and Waterfront Improvement Project would serve both as authorizing legislation and the establishment of mechanisms of various regulatory requirements for development and redevelopment activities carried out in the Project Area by both public and private parties. IV. FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROJECT AND MITIGATION MONITORING PROGRAM The following effects are those determined by the City of Alameda to be significant environmental effects which can be avoided if the project is implemented. All significant environmental effects that can be feasibly avoided have been eliminated or substantially lessened to a point of insignificance by virtue of mitigation measures identified in the Final EIR (Summary Table) and incorporated into the Project. The remaining, unavoidable significant effects are acceptable when balanced against the facts set forth in the Statement of Overriding Considerations for the Project, given greater weight to unavoidable effects. 1. Description of significant effect. AIR QUALITY: Potential for air pollutant emissions from "fugitive dust", which is particulate matter generated through land clearing, demolition, excavation and grading activities. This is considered a short-term, unavoidable impact. The CIC finds that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: a. During the grading and construction, the CIC will require the contractor to water the ground left uncovered by construction activities two times per day, and will require the contractor to immediately sweep up any material spilled onto roadways from haul trucks. The finding is supported by substantial evidence in the record of the proceedings of the CIC. 3 Monitoring Action: The Executive Director of the CIC, or his or her designated appointee, shall be responsible for inspecting or causing the inspection of sites that are under construction, especially during the grading phase of construction, on a periodic basis. 2. Description of significant effect. NOISE. As residential development occurs on properties designated on the Draft General Plan as mixed use sites along the Northern Waterfront, residents could be subjected to noise levels exceeding the City's noise standard of 60 dB. The CIC finds that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: a. New residential development shall comply with Section 8.7 of the General Plan, which requires new noise sensitive uses to provide more insulation sufficient to reduce both CNEL and single-event noise to acceptable levels. Chapter 5 of the Municipal Code establishes noise emission standards and requires noise reduction plans for noncomplying sources. Chapter 10 establishes noise insulation standards. b. Individual noise studies will be required as development plans proceed for each site. This finding is supported by substantial evidence in the record of the proceedings before the CIC. Monitoring Actions: The Executive Director of the CIC, or his or her designated appointee, shall be responsible for determining that new construction will meet the noise standards set forth in the 1990 General Plan. 3. Description of significant effect. NOISE. Construction of any of the projects referred to in the project description, or development of the larger under-utilized parcels, would generate short-term construction noise impacts. Such impacts are associated with grading and excavation activities. If pile-driving 4 equipment is required, noise levels would be considerably greater. The CIC finds that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: a. The following mitigation measure shall be required for new construction: Contractors shall comply with the requirements of Chapter 5 of the Municipal Code, which establishes noise emission standards and requires noise reduction plans for noncomplying sources. Chapter 10 establishes noise insulation standards. This finding is supported by substantial evidence in the record of the proceedings before the CIC. Monitoring Actions: The Executive Director of the CIC, or his or her designated appointee, shall be responsible for determining that new construction will comply with these mitigation measures. 4. Description of significant effect. NOISE. As stated in the New Alameda Free Library EIR, the construction of a new library and parking facilities would generate high noises levels at three of the sites under consideration. While this is considered a temporary impact, construction noise could annoy those who work, shop or live in the vicinity of the sites. Renovation of the Carnegie Building may entail construction work on the building's exterior facade. The construction noise generated by this work could be significant, given the proximity to residences and churches. The CIC finds that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: a. The following mitigation measure shall be required for new construction: Revised 5/23/91 5 Contractors shall comply with the requirements of Chapter 5 of the Municipal Code, which establishes noise emission standards and requires noise reduction plans for noncomplying sources. Chapter 10 establishes noise insulation standards. This finding is supported by substantial evidence in the record of the proceedings before the CIC. Monitoring Actions: The City approval of the EIR for the Library project included a mitigation monitoring program to reduce noise levels to an acceptable level. 5. Description of significant effect. SERVICES: SOLID WASTE. The establishment of the BWIP Project Area would not, in itself, create a demand for solid waste services. However, as large, potential mixed-use sites develop, a demand would occur for solid waste service resulting in an increase in the contribution to the overall waste stream. Depending upon the type and size of development, the increase in solid waste could be significantly greater than what has been projected in the General Plan. The CIC finds that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: a. Policies outlined in the General Plan to reduce the waste stream, including recycling programs for households and for large business parks shall be implemented in order to extend the capacity of the Altamont Road Landfill, when needed. To project the amount of solid waste generated for properties that may redevelop would be highly speculative at this time. This issue will be addressed as individual properties are redeveloped. This finding is supported by substantial evidence in the record of the proceedings before the CIC. Monitoring Actions: The Executive Director of the CIC, or his or her designated appointee, shall be responsible for determining that new construction, or activities resulting from this construction, conform to General Plan policies to reduce the waste stream. Revised 5/23/91 6 6. Description of significant effect. HAZARDOUS WASTE. The analysis in the Alameda General Plan Draft EIR has accounted for the redevelopment of four large, under-utilized industrial sites. These sites have been designated for mixed-use development. Because the proposed Project would encourage land uses consistent with the General Plan, it is assumed that the impacts related to hazardous waste generation from the proposed Plan would be the same as those projected in the General Plan EIR. The CIC finds that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: a. Should this impact occur, the City shall implement a hazardous waste recycling program and consider the establishment of hazardous waste transfer sites as called for in the 1990 General Plan. Monitoring Actions: The Executive Director of the CIC, or his or her designated appointee, shall be responsible for determining that new construction, or activities resulting from this construction, conform to General Plan policies to reduce the waste stream. 7. Description of significant effect. HAZARDOUS WASTE. There are eighteen sites located within the BWIP area which appear on the list of hazardous waste and or substance sites consolidated by the City of Alameda Planning Department, and the Office of Permit Assistance within the State of California Office of Planning and Research. These sites could redevelop. The CIC finds that changes or alterations have been required in, or incorporated into the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The fact supporting such finding is as follows: 7 a. Should any of the sites identified on the City's Hazardous Waste and/or Substance Site list redevelop, it will be necessary for the applicant/developer to conduct a site assessment to determine the extent of necessary remediation. Remediation work must be approved by the County Health Services Department prior to development. This finding is supported by substantial evidence in the record of the proceedings before the CIC. Monitoring Actions: The Executive Director of the CIC, or his designated appointee, shall be responsible for determining that, should any of the sites identified on the City's Hazardous Waste and/or Substance Site list redevelop, the applicant/developer shall conduct a site assessment to determine the extent of necessary remediation. Remediation work must be approved by the County Health Services Department prior to development. There is one impact that could not be mitigated, since the Community Improvement Plan for the Business and Waterfront Improvement Project would implement the policies of the Alameda General Plan. The CIC finds that as to such significant effect identified below, specific economic, social or other considerations make infeasible the project alternatives identified in the Final EIR. 8. Description of significant effect. JOBS/HOUSING IMBALANCE. Redevelopment of the designated mixed-use parcels would contribute to the projected shift in the ratio of Alameda jobs to employed residents as stated in the General Plan Final EIR. This projection is estimated to change from .95 in 1990 to 1.33 at buildout and would create significant environmental impacts associated with longer journeys to work. Because both Northern Alameda County and Alameda County as a whole are projected by ABAG to have a job surplus in 2005, travel- related environmental impacts cannot be fully mitigated. The CIC hereby finds that, based on the findings and statements of facts set forth above, and based on the Final EIR and/or other information contained in the records, its action to approve and carry out the Project is supported for the reasons that the Project will: eliminate blighting influences and correct environmental deficiencies in the Business and Waterfront Improvement Project (the Project Area), including, among others, small and irregular lots, obsolete and aged building types, incompatible and uneconomic land uses, substandard alleys and inadequate or deteriorated 8 public improvements and facilities; permit the assembly of land into parcels suitable for modern, integrated development with improved pedestrian and vehicular circulation in the project area; replan, redesign and develop undeveloped areas which are stagnant or improperly utilized; provide opportunity for participation by owners and tenants in the revitalization of their properties; strengthen retail and other commercial functions in the downtown area; strengthen the economic base of the Project Area and the community by the installation of needed site improvements to stimulate new commercial/light industrial expansion, employment and economic growth; provide adequate land for parking and open spaces; establish and implement performance criteria to assure high site design standards and environmental quality and other design elements which provide unity and integrity to the entire area of the Project Area; expand and improve the community's supply of housing for low- and moderate-income persons; and expand and improve the community's supply of market-rate housing. 9 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Community Improvement Commission of the City of Alameda in adjourned regular meeting assembled on the fourth day of June, 1991, by the following vote to wit: AYES: Commissioners Arnerich, Camicia, Roth and Chairman Withrow - 4. NOES: None. ABSENT: None. ABSTENTIONS: Commissioner Lucas - 1. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said Commission this fifth day of June, 1991. Dia Felsch, Secretary Community Improvement Commission E. William Withrow, Jr. Chairman Community Improvement Commission