AgdaPkt 2010-01-25 clsd and regular

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6.2A Page 57 Pursuant to CEQA section 21081 and CEQA Guideline 15093~ the Commission hereby finds, after consideration of the Final EIR and the evidence in the record, that each of the specific overriding econonlic, legal, social, technological and other benefits of the Project as set forth below independently and collectively outweighs thes,e significant and unavoidable impacts and is an overriding consideration warranting approval of the Project. Anyone of the reasons for approval cited below is sufficient to justify approval of the Project. Thus, even if a court were to conclude that not every reason is supported by substantial evidence, the Commission will stand by its detennination that each individual reason is sufficient. The substantial evidence supporting the various benefits can be found in the preceding findings, which are incorporated by reference into this Section, and in the documents found in the Record of Proceedings, as defined in Section I. On the basis of the above findings and the substantial evidence in the whole record of this proceeding, the Commission specially finds that there are significant benefits of the BDPL No.5 Project in spite of the unavoidable significant impacts, and therefore makes this Staten lent of Overriding Considerations. The Commission further finds that, as part of the process of obtaining Project approval~ all significant effects on the environnlent from implementation of the BDPL No.5 Project have been eliminated or substantially lessened where feasible. All mitigation measures proposed in the Final EIR for the proposed Project are adopted as part of this approval action. Furthermore, tbe Commission has determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to the following specific overriding economic, technical, legal~ social and other considerations. The BDPL No.5 Project will have the following benefits: 1. Provision of a new seismically reliable pipeline between Mission Boulevard (near the Irvington Tunnel) in Fremont and the Pulgas Tunnel in unincorporated San Mateo County~ so that the new pipeline provides a higher probability of remaining in operation and being able to contribute toward a system delivery of229 mgd (i.e., estimated average winter month demand) within 24 hours following a design seismic event; 2. The SFPUC will be able to size and configure the BDPL transmission system for both the transmission of water across the Bay and for distribution to customers west of Mission Boulevard in Fremont and to replenish local reservoirs; and 3. BDPL No. 5 will contribute toward meeting the estimated average annual demand of up to 300 mgd by 2030 under the conditions of one planned shutdown of a major facility for maintenance concurrent with one unplanned facility outage caused by a natural disaster, emergency, or facility failure or upset. In addition, the Project implements the WSIP's goals and objectives, and the Statement of Overriding Considerations from SFPUC Resolution 08-0200 is adopted and incorporated in these findings as though fully set forth. In particular, this Projectl1elpstoiInPleIDen~t:h~J<>.U<:J~i~g.. ... ".beriefitsofthe.WSIP;:..H.: .:.... .. :....:.:.u .::UUH.HU:. ...:. . . ... ... .. . 1. Implementation of facility improvement projects will reduce vulnerability to earthquakes. Improvements are designed to meet current seismic standards. The regional water system is a critical and vulnerable link in the City's and wholesale customer's ability to survive after a major earthquake and to maintain access to critically needed water supplies. The SFPUC will be able to meet the fundamental and most pressing needs of the water system - to improve the seismic safety and reliability of the water system as a means of saving human life and property under a catastrophic earthquake scenario or even a disaster scenario not rising to the level of catastrophic. Effecting the necessary repairs and improvements to assure the water system's 47