Reso23-02 0009 PC Reso Adopt CEQA

Browse Search

Findings and Statements Required by the California Environmental Quality Act Focused General Plan Update 39 Final Environmental Impact Report January 2023 Residential projects that are unable to fully reduce their VMT impact because of land use context (i.e., low-density suburban area, low transit access, etc.) would be required to demonstrate that they are making a good faith effort toward maximizing their TDM plan and associated VMT reductions. However, since the City cannot demonstrate that the VMT from each future residential development project would be reduced to the degree that is needed to eliminate the VMT impact, the home-based VMT per resident impact would be considered significant and unavoidable with Mitigation TR-1. Mitigation Measure TR-2 would require the City to create a community-wide multimodal transportation impact fee program and/or support and work cooperatively with C/CAG to implement a countywide or sub-regional VMT mitigation program to which future residential projects would be required to pay applicable community-wide, countywide, and/or sub-regional VMT fees, once established. However, since the City has no specified timeline for a community-wide multimodal transportation impact fee program and the City has no control of C/CAG’s process and outcome of a regional VMT mitigation program outside its jurisdiction, the home-based VMT per resident impact would be considered significant and unavoidable with Mitigation TR-2. The City Council hereby finds, however, that there are specific economic, environmental, social, legal, technological and other considerations that make infeasible the potential mitigation measures described in the EIR to mitigate the effect of Impact TR-2, and that development facilitated by the Project will provide specific economic, environmental, social, legal, technological and other benefits that will outweigh the significant adverse effects of Impact TR-2, as set forth in the Statement of Overriding Considerations below. 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 pages 4.17-35 through 4.17-43 of the DEIR, which includes a full statement of the impact and is hereby incorporated herein in its entirety. 4.18. Tribal Cultural Resources Impact TRC-1: The Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Mitigation Measures. EIR Mitigation Measures TCR-1a, TCR-1b, TCR-2a, TCR-2b, and TCR-3 (Draft EIR pp. 4.18-7 to 4.18-9) will be implemented for the Project as provided in the MMRP. Findings Regarding Impact TRC- 1: Based on the FEIR and the entire record before the City, the Council finds that incorporating the requirements of Mitigation Measures TCR-