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HomeMy WebLinkAboutMINUTES - 07131993 - 1.133 133 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on 7-13-93 , 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, Weak, Torlakson NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 93/432 SUBJECT: CERTIFYING REVIEW AND CONSIDERATION OF THE ENVIRONMENTAL IMPACT REPORT, MAKING FINDINGS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND STATING OVERRIDING CONSIDERATIONS IN THE APPROVAL AND ADOPTION OF THE THIRD AMENDMENT TO THE LOS MEDANOS COMMUNITY REDEVELOPMENT PLAN WHEREAS, a Draft Environmental Impact Report (the "Draft EIR") on the Third Amendment to the Los Medanos Community Redevelopment Plan (the "Third Amendment") was prepared by the City of Pittsburg (the "City") and the Redevelopment Agency of the City of Pittsburg ("Agency") pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq. , "CEQA") , the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000 et. seq. , the "State Guidelines") , and the City's and Agency's Guidelines for Implementing CEQA (the "Local Guidelines") ; WHEREAS, pursuant to Section 15050 of the California Environmental Quality Act (Public Resources Code Section 21000 et sea. , "CEQA") , the County of Contra Costa is a "Responsible Agency"; and WHEREAS, on September 15, 1992, the Agency forwarded the Draft EIR to the State Clearinghouse for distribution to those agencies which have jurisdiction by law with respect to the redevelopment project to be undertaken pursuant to the Third Amendment (the "Project") , to all affected taxing agencies pursuant to Health and Safety Code section 33333 . 3, and to other interested persons and agencies, and sought the comments of such persons and agencies; WHEREAS, notice to all interested persons and agencies of the completion of the Draft EIR was published in the Daily Ledger and Post Dispatch on September 12, 1992 and September 19, 1992; e WHEREAS, the Agency held a noticed public hearing on the Draft EIR on October 15, 1992; and WHEREAS, comments were received on the Draft EIR prior to and after the close of the 45-day review period for submitting comments on the Draft EIR. The comments received and the City's responses to such comments are contained in a Final Environmental Impact Report on the -Third Amendment dated January, 1993 ;'the "Final EIR") , which document is incorporated herein by this reference; WHEREAS, by Resolution Number 87-12, adopted on March 23, 1993, the Planning Commission of the City of Pittsburg ("Planning Commission") recommended to the City Council of the City of 7730OZX50 -1- RESOLUTION NO. 93/432 Pittsburg (the "City Council") and the Agency the approval of the Third Amendment; WHEREAS, a joint public hearing was held by the City Council and the Agency on the Third Amendment and the EIR on April 12, and April 26, 1993, following notice duly and regularly given as required by law, and all interested persons expressing a desire to comment on or object to the Third Amendment and the EIR were heard, and the EIR was considered; WHEREAS, on May 17, 1993, by City Council Resolution No. 93- 7934 and Agency Resolution No. 93-398, the City Council and the Agency adopted a concurrent resolution certifying the EIR for the Third Amendment and adopting findings, a monitoring program, and a statement of overriding considerations (the "Concurrent CEQA Resolution") ; and WHEREAS, in connection with the joint public hearing, the City Council and Agency received certain recommendations for additions to the Final EIR which the City Council and Agency incorporated into the Final EIR as Exhibit A to the Concurrent CEQA Resolution, and ; and WHEREAS, as referred to in this Resolution, the 'rEIR" consists of the Draft EIR, the Final EIR incorporating comments and written responses thereto, and the additions to the Final EIR set forth in Exhibit A to the Concurrent CEQA Resolution, and any additional comments received at the Joint Public Hearing together with City Council and Agency responses to those comments set forth in the record of the public hearing; and WHEREAS, by this resolution, the Board, as a Responsible Agency under CEQA, desires to comply with the requirements of CEQA, the State EIR Guidelines and the Local Guidelines for consideration, certification, and use of the EIR by lead and responsible agencies in connection with the approval and subsequent implementation of the Third Amendment and further desires to approve and certify the EIR for the Project. NOW THEREFORE BE IT RESOLVED that the additions to the Final EIR set forth in the attached Exhibit A are hereby incorporated in and made a part of the Final EIR as if fully set forth therein. BE IT FURTHER RESOLVED that the Board hereby finds and certifies: that the EIR has been completed in compliance with CEQA, the State EIR Guidelines and the Local Guidelines; that the EIR adequately addresses the environmental issues of the Project and the Third Amendment; that the Board has reviewed and considered the information contained in the EIR prior to approving the Project and the Third Amendment. BE IT FURTHER RESOLVED that the Board hereby identifies the significant effects, adopts the mitigation measures, adopts the monitoring program to be implemented for such mitigation measures, makes the findings, and hereby approves and adopts the statement of overriding considerations set forth in detail in the attached Exhibit B which is incorporated in this Resolution by this reference. The statements, findings and determinations set forth in Exhibit B are based on the above-certified EIR and other information available to the .Board and are made in compliance with Sections 15091, 15092, 15093 and 15096 .of th:a State ,` ZR Guidelines and Section 21081.6 of CEQA. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Boarr+ of Supervis Mote,e dat7,77 . _ 77300Z.P50 —2— ATTESTED: n3-V PHIL B&f CHELO ,Clerk of/the Board Of SaelsorsaandCoountyAdministrator Wi'� C.G'G,�i Deputy