EIR Certification Resolution - GovDelivery

ATTACHMENT FDRAFT – April 19, 2010RESOLUTION NO. _____RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENLOPARK, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTALIMPACT REPORT FOR THE MENLO GATEWAY PROJECTWHEREAS, the Bohannon Development Company (“Applicant”) proposes todevelop a mix of office, research and development (“R&D”), retail/commercial, hotel,health club and restaurant uses on two blocks (“Independence Site” and “ConstitutionSite”) that together make up the project site (“Project”);WHEREAS, on the Independence Site located at 100 to 190 IndependenceDrive, the Applicant proposes to demolish 85,000 square feet of existing one- and twostorytilt-up construction buildings housing office and R&D uses and construct ofapproximately 200,000 square feet of office and R&D space, a 173,500-square-foothotel facility comprised of 230 guest rooms, 69,000 square feet of health club space,and 4,300 square feet of restaurant space, and 1,040 parking spaces in a combinationof parking structure and landscape reserve parking;WHEREAS, on the Constitution Site located at 101 to 155 Constitution Drive, theApplicant proposes to demolish 134,000 square feet of existing one- and two-story tiltupconstruction buildings housing office and R&D uses and construct approximately494,700 square feet of office and R&D space, of which up to 7,400 square feet could beof convenience retail/commercial uses, and 1,649 parking spaces in a combination ofparking structures, surface parking, and landscape reserve parking;WHEREAS, for purposes of compliance with the provisions of the CaliforniaEnvironmental Quality Act (“CEQA”) and the CEQA Guidelines, on May 24, 2007, aNotice of Preparation (“NOP”) was circulated notifying responsible agencies andinterested parties that an Environmental Impact Report (“EIR”) would be prepared forthe Project;WHEREAS, the City held three scoping meetings during the NOP commentperiod, on June 4, 2007, June 19, 2007, and July 10, 2007, to receive comments fromthe public and interested public agencies on the issues that should be addressed in theEIR;WHEREAS, a Draft EIR (SCH #2005062161) was published on July 23, 2009,and a 60-day public comment period, lasting until September 21, 2009, was provided;1

WHEREAS, the Draft EIR was filed with the California Office of Planning andResearch and copies of the Draft EIR were made available at the CommunityDevelopment Department, on the City’s website, and at the Menlo Park Library;WHEREAS, the Planning Commission of the City of Menlo Park held a publichearing on the Draft EIR for the proposed project on September 19, 2009;WHEREAS, all comments on the Draft EIR concerning environmental issuesreceived during the public comment period were evaluated and responded to in writingby the City as the Lead Agency in accordance with Section 15088 of the CEQAGuidelines;WHEREAS, the comments on the Draft EIR and the written responses werepackaged into a Response to Comments Document that was published on March 25,2010 and copies of the Response to Comments Document were made available at theCommunity Development Department, on the City’s website, and at the Menlo ParkLibrary;EIR;WHEREAS, the Draft EIR and the Response to Comments comprise the FinalWHEREAS, after notice having been lawfully given, a public hearing wasscheduled before the Planning Commission of the City of Menlo Park on April 19, 2010whereat all persons interested therein might appear and be heard;WHEREAS, the Planning Commission of the City of Menlo Park having fullyreviewed, considered and evaluated all the testimony and evidence submitted in thismatter voted affirmatively to recommend to the City Council of the City of Menlo Park tofind that the Final EIR was prepared in compliance with the CEQA, and to certify theFinal EIR pursuant to the CEQA;WHEREAS, after notice having been lawfully given, a public hearing wasscheduled before the City Council of the City of Menlo Park on ___________, 2010whereat all persons interested therein might appear and be heard;WHEREAS, on ___________, 2010, the City Council of the City of Menlo Parkfound that the Final EIR was prepared in compliance with CEQA;WHEREAS, the City Council of the City of Menlo Park considered all theevidence and information in the Final EIR prior to any action on the proposed project;andWHEREAS, after closing the public hearing, the City Council voted affirmativelyto certify the Final EIR pursuant to CEQA.2

NOW, THEREFORE, BE IT RESOLVED that the City of Menlo Park, acting byand through its City Council hereby certifies the Final EIR pursuant to the CaliforniaEnvironmental Quality Act.I, Margaret S. Roberts, City Clerk of Menlo Park, do hereby certify that the above andforegoing Council Resolution was duly and regularly passed and adopted at a meetingby said Council on the ____ day of _________, 2010, by the following votes:AYES:NOES:ABSTAIN:ABSENT:IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal ofsaid City on this _____ day of ________, 2010.________________________________Margaret S. Roberts, MMCCity Clerk3