2011-023 - Development Agreement Between the Community Redevelopment Agency

Home Browse Search

Chapter 2 CEQA Findings Table 2-1 CEQA Findings Level of Significance after Impact Statement Evidence/Rationale Supporting Findings Mitigation Measures Findings Mitigation Impact 4.2-7 Construction The City believes that both construction MM4.2-2 through MM4.2-39 would also Finding 1 Significant and apply to this impact. unavoidable and operation of the and operation of the proposed project The City finds that changes or alterations have proposed project would result would result in a cumulatively been required in, or incorporated into, the in a cumulatively considerable net increase of criteria project which would avoid or substantially considerable net increase of pollutants for which the proposed project lessen the significant environmental effect as criteria pollutants for which region is in nonattainment under an identified in the final EIR. the proposed project region is applicable federal or state ambient air Finding 3 quality standard. in nonattainment under an The City finds that specific economic, social, or applicable federal or state The City further believes that the other considerations make infeasible additional ambient air quality standard. implementation of MM4.2-2 through mitigation. Specifically, no additional feasible MM4.2-39 will reduce the emissions of mitigation measures exist that would avoid or these pollutants but not a less than substantially reduce this impact. Since the significant level. region is in non-attainment for CO, NO, PM, X10 and PM and the project exceeds SCAQMD 2.5 Discussion is provided on pages 4.2-37 daily thresholds for VOC, NO, CO, and PM X10 and 38 of the FEIR (Volume I). In addition, for construction and operation, it will make a cumulatively considerable impact. Appendices B and G provide further evidence supporting this impact and its associated findings. BR IOLOGICAL ESOURCES Impact 4.3-1 Long-term The City believes that compliance with MM4.3-1 To ensure that avian species of Finding 1 Less than significant cumulative development MM4.3-1, which requires that avian concern, protected migratory species (e.g., The City finds that changes or alterations have occurring pursuant to the species of concern, protected migratory MBTA), or raptors species are not injured or been required in, or incorporated into, the Transit Zoning Code would species (e.g., MBTA), or raptors species disturbed by construction in the vicinity of project which would avoid or substantially not result in a potential are not injured or disturbed by nesting habitat, the project applicant shall lessen the significant environmental effect as implement the following measures: reduction in nesting construction in the vicinity of nesting identified in the final EIR. opportunities for resident and habitat, will reduce potential impacts to 1. Tree removal shall be restricted to the nesting, migratory, or protected birds. migratory avian species of period between August 30 and special concern. February 15, to the extent feasible, to avoid the breeding season of any Discussion is provided on pages 4.3-16 migratory species that could be using the and 17. 4.4-40 of the FEIR (Volume I). In area, and to discourage nesting in the addition, Appendix C provides further vicinity of an upcoming construction area. evidence supporting this impact and its 2-16 Revised Station District Project and FOL Settlement Agreement Findings of Fact/Statement of Overriding Considerations