WHEREAS, on April 19, 1993, by Resolution No. 306-93, the San Francisco Board of Supervisors designated the Hunters Point Shipyard Area as a Redevelopment Survey Area pursuant to California Health and Safety Code Section 33310, and
WHEREAS, the Hunters Point Shipyard consists of 936.37 acres of real property, together with the buildings, improvements and relate and other tangible personal property located thereon and all rights, easements and appurtenances there to that was closed pursuant to the Defense Base Closure and Realignment Act of 1990 (Public Law-510), as implemented by the 1993 base closure process, and
WHEREAS, in March, 1995, the Navy, the City and the San Francisco Redevelopment Agency (“Agency”) developed the “Land Use Alternative and Proposed Draft Plan, Hunters Point Shipyard,” which, along with amendments made in January, 1997 is the basis for the Redevelopment Plan for acquisition and reuse of the Shipyard (“Redevelopment Plan”), and
WHEREAS, by Resolution 92-97 the Agency Commission and by Ordinance 285-97 the Board of Supervisors adopted the Redevelopment Plan in 1997, prior to completion of the requisite environmental review under the California Environmental Quality Act, California Public Resources Code Sections. 21000 et seq. (“CEQA”) as authorized by California Health and Safety Code Sections 33492.18 and 33492.22. These laws authorized adoption of the Redevelopment Plan prior to completion of the CEQA environmental review process provided that the Agency and Planning Commissions certified to CEQA compliance for the Redevelopment Plan within 30 months of the effective date of the ordinance adopting the Redevelopment Plan, and
WHEREAS, a joint Draft Environmental Impact Statement/Environmental Impact Report (“DEIS/DEIR”) was prepared and issued for distribution to the public on November 14, 1997 by the Navy (through its Engineering Field Activity - West, Naval Facilities Engineering Command), along with the City (through its Planning Department), and the Agency. The DEIS/DEIR was prepared and circulated in accordance with the National Environmental Policy Act, 42 U.S.C.A. Sections 4321-4370 d (“NEPA”), CEQA, and the CEQA Guidelines, and four public hearings were held on December 10 and 11, 1997 and January 13 and 15, 1998, and
WHEREAS, as a result of public testimony, the Navy, the City and the Agency jointly decided that a Revised DEIS/DEIR should be prepared and circulated for further public review and comment which Revised DEIS/DEIR was published for such review on November 3, 1998. Two further public hearings were held on December 9 and 17, 1998, and the public comment period for written comments was extended until January 19, 1999, and
WHEREAS, subsequently, the City and the Agency decided to separate the environmental review under NEPA and CEQA, and the City and the Agency in January, 2000 issued the FEIR, which contains the Revised DEIS/DEIR and the City and Agency Response to Comments to the Revised DEIS/DEIR. The FEIR is a program Environmental Impact Report (“EIR”) pursuant to Sections 15168 and 15180 of the Guidelines, and
WHEREAS, in accordance with NEPA, the Navy prepared an Environmental Impact Statement for the disposal of the Shipyard and a Record of Decision regarding the conveyance of the Shipyard that was issued on October 16, 2000, and
WHEREAS, on February 8, 2000, the Planning Commission and the Agency Commission reviewed and considered the FEIR, and by Motion No. 14981 and Resolution No. 11-2000, respectively, found that the contents of said report and the procedures through which the FEIR was prepared, publicized and reviewed complied with the provisions of CEQA and the CEQA Guidelines and Chapter 31 of the San Francisco Administrative Code, and
WHEREAS, by Motion No. 14981 and Resolution No. 11-2000 the Planning Commission and the Agency Commission also found that the FEIR was adequate, accurate and objective, reflected the independent judgment of each Commission and that the summary of Comments and Responses contained no significant revisions to the Draft Environmental Impact Report, adopted findings of significant impacts associated with the Redevelopment Plan and certified the completion of the FEIR for the Redevelopment Plan in compliance with CEQA and the CEQA Guidelines, and
WHEREAS, on February 8, 2000, the Agency Commission by Resolution 12-2000 reviewed and considered the FEIR and adopted environmental findings with respect to the FEIR, including a statement of overriding consideration and a mitigation monitoring and reporting program, as required by CEQA, and
WHEREAS, on November 19, 2003, as a result of the proposed Phase 1 Disposition and Development agreement (“DDA”) for the Shipyard (“Phase 1”), the Planning Department issued a Memorandum to City Planning File No. 2003.0241 pursuant to CEQA Guidelines Section 15164 (“Addendum”) to the FEIR finding that no changes have occurred that would indicate new significant impacts not identified in the FEIR, and no new mitigation measures would be necessary to reduce significant impacts, and
WHEREAS, the Planning Department further found that no changes have occurred with respect to circumstances surrounding the Project that would cause significant environmental impacts not analyzed in the FEIR, and no new information has become available that shows that the Project would cause significant environmental impacts and, therefore, no supplemental environmental review is required beyond the Addendum, and
WHEREAS, on December 2, 2003, the Agency Commission adopted Resolution No. 179-2003, which concurred with the Planning Department’s determination regarding the Addendum to the FEIR and authorized the Agency to execute the Phase 1 DDA between the Agency and Lennar/BVHP LLC for the development of Phase 1 of the Project and found that, based on its review of the FEIR, the Addendum, the proposed modifications to the Project contemplated by the DDA, the Agency Director’s memorandum and the public comments submitted, that the Project as modified would not require major revisions to the FEIR and that no further environmental review was necessary, and
WHEREAS, on April 29, 2004, by Resolution 50-2004, the Agency Commission authorized the execution of a conveyance agreement with the United States Department of the Navy (“Navy”) concerning the Project site, the execution of a Security Services Cooperative Agreement with the Navy concerning the Project Site and the execution and approval of ancillary related documents and actions regarding the Project site. The Agency Commission found that based on its review of the FEIR, the Addendum, the proposed modifications to the Project contemplated by the Conveyance Agreement, the Agency Director’s memorandum, the administrative record and the public comments submitted, that the Project as modified would not require major revisions to the FEIR and that no environmental review was necessary. A Notice of Determination was issued by the Department for the Project on May 5, 2004, and
WHEREAS, since the issuance of the Addendum no changes have occurred with respect to circumstances surrounding the Project that would cause significant environmental impacts not analyzed in the FEIR, and no new information has become available that shows that the Project would cause significant environmental impacts, and
WHEREAS, the FEIR files and other Project-related Planning Department and Agency files have been available for review by this Health Commission and the public, and those files are part of the record before this Health Commission, and
WHEREAS, the Planning Department has prepared proposed Findings, as required by CEQA, regarding the alternatives, mitigation measures and significant environmental impacts analyzed in the FEIR, as well as regarding the Addendum, and the overriding considerations for approving the Project, listed in Attachment A, and has prepared a proposed mitigation monitoring program, attached as Exhibit 1 to Attachment A, which material was made available to the public and this Health Commission for the Health Commission’s review, consideration and actions, and
WHEREAS, the Planning Commission certified the FEIR and found the FEIR adequate, accurate and objective, and reflecting the independent judgment of the Planning Commission in Motion No. 14981, and
WHEREAS, the Project FEIR files have been made available for review by this Commission and the public. These files are available for public review by appointment at the Planning Department offices at 1660 Mission Street, and are part of the record before the Commission; now, therefore, be it
RESOLVED, that the Health Commission has reviewed and considered the FEIR and the Addendum and, in its own independent judgment and analysis, hereby adopts the Project Findings attached hereto as Attachment A, including its Exhibit, and incorporates the same herein by this reference; and be it
FURTHER RESOLVED, that the San Francisco Health Commission finds, based on substantial evidence in light of the whole record, that: (1) approval of the actions before it related to implementation of the Redevelopment Plan will not require important revisions to the FEIR as there are no new significant environmental effects or substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken that would require major revisions to the FEIR due to the involvement of new significant environmental effects, or a substantial increase in the severity of effects identified in the FEIR; and (3) no new information of substantial importance to the Project has become available which would indicate (a) the Project or the approval actions will have significant effects not discussed in the FEIR, (b) significant environmental effects will be substantially more severe; (c) mitigation measures or alternatives found not feasible which would reduce one or more significant effects have become feasible; or (d) mitigation measures or alternatives which are considerably different from those in the FEIR would substantially reduce one or more significant effects on the environment.
I hereby certify that the foregoing resolution was adopted by the San Francisco Health Commission at its meeting of November 16, 2004.
Michele M. Olson, Executive Secretary to the Health Commission
Attachment A: Findings, Exhibit 1 Mitigation Monitoring and Reporting Program