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 46 OF 48 ESA / 170951 Final Environmental Impact Report October 2022 ATTY/RESO.0085/PC RESO RECOMMENDING CEQA – EXHIBIT A REV: 11-02-2022 VR child care use will be constructed in adherence to all required sound-rated assembles and noise insulation standards applicable to the proposed building use to meet all commercial building requirements. A mitigation measure for this alternative would require the Project Applicant to prepare a detailed noise reduction plan and incorporate those requirements into the structure, if further measures are required after adherence to all code requirements. The combination of regulatory requirements and the mitigation measure would reduce the potential land use noise conflict impact associated with the proposed “On-site Public Amenities” Alternative to less than significant. The “On-site Public Amenities” Alternative may also result in effects that are less severe than identified with the Revised Project. Associated with this alternative’s addition of the outdoor recreational fields, the removal of one structure on the site compared to the Revised Project, impacts regarding stormwater and utilities would be reduced given the reduction in impervious area onsite compared to the Revised Project. As assumed in the DEIR alternatives analyses, relatively lower building heights or fewer structures do not reduce aesthetics effects pertaining to scenic resources, visual character or visual quality. Overall, the “On-site Public Amenities” Alternative would equally meet each of the objectives of the Revised Project; it would maintain the overall internal site orientation and clustered development, as well as the provision of recreation or open space amenities, and bicycle/pedestrian connections onsite and to Downtown VII. Statement of Overriding Considerations Approval of the Revised Project by the City Council will result in certain remaining significant and unavoidable impacts of the Revised Project, as discussed above, notwithstanding all the feasible mitigation measures the City has adopted. The City Council has examined alternatives to the Revised Project that could avoid or reduce the Revised Project’s significant and unavoidable effects and determined that adoption and implementation of the Revised Project is the most desirable, feasible, and appropriate action. Therefore, in accordance with Public Resources Code Section 21081(b) and CEQA Guidelines Section 15093, the City Council makes the following Statement of Overriding Considerations, which reflects it’s balancing of the Revised Project’s benefits against its significant and unavoidable effects and states the specific reasons for its decision to approve the Project. Substantial evidence supports the various benefits and can be found at a minimum in the preceding CEQA findings, which are incorporated by reference into this Statement, the FEIR, and the other documents which make up the record of proceedings. A. Redevelopment of a Vacant, Underutilized 27.08-acre Property The Revised Harbor View Project would substantially transform a 27.08-acre property within the City that was historically occupied by the former Malibu Raceway and Golf Course, building supply and light industrial uses, and a gasoline service station. Most uses and facilities on the site have been demolished or vacated during preparation of this EIR, leaving the property currently underutilized. The Revised Project would upgrade the property in terms of site remediation, new or improved (through expansion, extension or relocation) utilities, including existing pump station upgrades, in addition to adjacent and offsite improvements to roadway and other right-of-way infrastructure. In particular, pursuant to a Draft Remedial Action Work plan