AgdaPkt 2009-08-03 spc, clsd and jnt

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7A whether substantial evidence exists in the record to support a fair argument that a Page 4 proposed project may ha�e a significant effect on the en�ironmen�. During the Planning Commission meetings some members of the public and the appellant contested that an Environmental Impac# Report should be prepared for#he project based on a fair argumen� in #he record tha# there could be potentiai impac�s�. They presented ��idence on the fol�owing: bank erosior� and creek bank failure; impacts on cultural resources; and aesthetic impacts on the neighborhoo�. • Bank Erosion and Creek Bank Failure: Neighbors opposed to the project presented evidence of bank erosion and creek back faiiure as represented by a soils sfump� in Cordifleras Creek which was not identified or appropriately addressed in the lSIMND. However, the pro�ect applicant also submit�ed evidence thaf fhe suspected soils slump was not a soils slump and was most I�keiy due to set�lement of old fill. � The City Engineer found that al!these engineering studies were conducted in a professional manner using acceptab#e engineering techniques. Both the applicant's and appellant's engineers concurred �hat properly designed "grade and beam foundativn"will mitigate slope sfiability and planting riparian�egefiafiion on the siope of the creek bank wil!further protect the creek bank as mifigation for potential erosion. The City Engineer wifi be available ta discuss these issues furfiher at the City Council meeting on August 3. • Impacts on Cultural Resources: Some residents also questioned whether the area {Wellesley Park neighborhood}could contain a potential his#oric distric#and thus would require further CEQA analysis including the possibility of an EfR. City staff including �he Histvric Resources Adv�sory Committee (HRAC) �reviously reviewed a Cuf#ural Resources Evaluation of the project and concluded #hat the proposed projec� si�e did not contain any significant historic properties and determined the proposed project, with specific design mitiga#ions,would ha�e no effect on the adjacent National Register-eligible Finger Farm House. Indeed the City's historic consultant did mention during the peer review of the applicant's historic report that there was a possibility that this area coufd contain a pofentra! historic d�strict. The project applicant has responded fio this issue and claims fhat the greater Wellesley Park Subdivisivn dves not appear to form an hisfioric district and does not meet State and National criteria. See attached addendum enti�led Historic Districfi lnvestigation dated April 2009 (Attachment 5 �o the May 19 Planning Commission staff report). It also shouid be noted that the HRAC has indicated in#erest in the possibili�y o� establishing an historic district in this area. This work has not commenced, no boundary has even been discussed and nv investigat�on or background docur�-�ents yet exist. Please refer to the attached HRAC meeting min�tes da#ed Apri19, 2449 {Attachment 8 to the February 1� staff report}. Therefare, it would • be purely speculative at this time to state that this area or some other adjacent 5 The possibility of an EIR was afso mentioned in the February 1Qth Planning Commission sfiaff report as an afternative to adopting the Mitigated Negative Declaration (see staff report pages 38-39 dated February 1 Q under separate cover). 6 A soils slump is an event that occurs when Ioosely consolidated materials or rock Eayers move a short distance down a slope.