Reso PC22-08 0085 PC Reso Recommending CEQA

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Findings and Statements Required by the California Environmental Quality Act Harbor View Project PAGE 27 OF 48 ESA / 170951 Final Environmental Impact Report October 2022 ATTY/RESO.0085/PC RESO RECOMMENDING CEQA – EXHIBIT A REV: 11-02-2022 VR 4.7 Hazards and Hazardous Materials Impact HAZ-1: The Project could create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials. Mitigation Measures. Mitigation Measure HAZ-1a (Site Management Plan) and HAZ- 1b (Land Use Covenant) (FEIR p. 4-17) will be implemented for the Project as provided in the MMRP. Findings Regarding Impact HAZ-1: Based on the FEIR and the entire record before the City, the Council finds that Mitigation Measures HAZ-1a and HAZ-1b will reduce the effect of Impact HAZ-1, such that the impact would be less than significant. All activities associated with handling hazardous materials during the Revised Project would be subject to the federal, state, and local laws in place to ensure the safe handling (transport, use, and disposal) of hazardous materials. In particular, Mitigation Measure HAZ-1a requires implementation of recommendations contained in the Project-specific Phase I Assessment (RPS, 2018) and submit to the City evidence of approval of the Draft Removal Action Workplan (RAW) by the Department of Toxic Substances Control (DTSC). Mitigation Measure HAZ-1b requires the Project applicant to record a Land Use Covenant (LUC), in a form approved by the City, which requires that the Project’s Site Management Plan (SMP) to be followed during future earthwork activities would ensure that impacts from the Project would be less than significant. Thus, the impact is less than significant after mitigation. This finding is based on the entire record of proceedings for the Project, including but not limited to the discussion and analysis set forth on FEIR pages 2-12 through 2-14, and full statements of the impact and mitigation measure on FEIR page 4-16, are hereby incorporated herein in its entirety. Impact HAZ-4: The Project would be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, create a significant hazard to the public or environment. Mitigation Measures. Mitigation Measure HAZ-4 (Mitigation Measures HAZ-1a and HAZ-1b) (each listed above) (FEIR p. 4-17) will be implemented for the Project as provided in the MMRP. Findings Regarding Impact HAZ-4: Same as discussed under Impact HAZ-1, above. This impact is less than significant, and this finding based on the entire record of proceedings for the Project, as specified for Impact HAZ-1.