HomeMy WebLinkAboutResolution - 3573 STATE OF CALIFORNIA ) RESOLUTION NO. 3573
COUNTY OF RIVERSIDE)ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL
IMPACT REPORT (SCH #2007071065) PREPARED FOR THE SAN
JACINTO LEVEE, STAGE 4 AND RIVER EXPANSION PROJECT
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;
ADOPTING ENVIRONMENTAL FINDINGS; ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS AND A MITIGATION
MONITORING AND REPORTING PROGRAM; AND APPROVING THE
PROJECT
WHEREAS, the City of San Jacinto, California ("the City") proposes a public works
and public safety project consisting of the construction and subsequent maintenance of a
new levee and floodwall ("Proposed Project" or "Project") (State Clearinghouse No.
2007071065); and
WHEREAS, the Proposed Project will provide 100-year flood protection for
approximately 1,955 acres of existing agriculture, active dairy operations, roadways, and
existing development, and will reduce the potential for breaches and flooding that, under
present conditions, result in dairy waste contamination of local surface waters and
disruption of traffic circulation for the major transportation corridors of Ramona
Expressway, State Street, and Sanderson Avenue within the City; and
WHEREAS, the Proposed Project will reduce flooding problems for hundreds of
acres of property and allow the City to implement the City of San Jacinto General Plan;
and
WHEREAS, implementation of the Project will require that the City make, without
limitation, subsequent approvals regarding the acquisition of land, financing, and
endorsement of construction drawings for the Proposed Project; and
WHEREAS, pursuant to Public Resources Code section 21067, the California
Environmental Quality Act (Pub. Res. Code §§ 21000 et seq.), and the State CEQA
Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) (collectively, "CEQA") the City is
the lead agency under CEQA for the Proposed Project; and
WHEREAS, the City completed an Initial Study in July 2007 to identify the
Project's potential for environmental impacts, and based on that Initial Study, the City
determined that an Environmental Impact Report ("EIR") should be prepared pursuant to
CEQA due to the Project's potential for environmental impacts; and
WHEREAS, the City issued and circulated to local and responsible agencies, and
interested parties, a Notice of Preparation ("NOP") of a Draft EIR for the Proposed
Project on or about July 13, 2007; and
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WHEREAS, the City issued and circulated to local and responsible agencies, and
interested parties, a revised Notice of Preparation ("NOP") of a Draft EIR for the
Proposed Project on or about April 1, 2008 indicating that since the issuance of the 2007
NOP that identified both the City and the District would prepare the DEIR there was a
change in roles of the agencies and the City would serve as lead agency and prepare the
DEIR. The 2008 NOP also identified the upcoming scoping meeting on April 2, 2008; and
WHEREAS, a public scoping meeting related to the scope of the EIR was
conducted on April 2, 2008; and
WHEREAS, since circulation of the initial NOP in July 2007 and April 2008, the
Proposed Project changed in the following ways: a shift in the alignment of the proposed
new southern levee in Reach 2; an increase in the extent of northern levee and floodwall
enhancements; protection of the Metropolitan Water District underground pipelines;
preparation of an Operation & Maintenance Plan for the proposed facilities and existing
and expanded riverine corridor; extension of the Project area approximately 6,800 feet
downstream (to the northwest); and
WHEREAS, a second NOP was issued and circulated on July 14, 2010 identifying
these changes in the Proposed Project; and
WHEREAS, the City prepared and released for public review and comment a Draft
Environmental Impact Report ("DEIR") from December 22, 2014 to February 4, 2015; and
WHEREAS, the City has prepared a Final Environmental Impact Report (°FEIR"),
consisting of comments received during the public review and comment period on the
DEIR, and written responses to those comments, as well as corrections, errata, and
additions to the DEIR; and
WHEREAS, the aforementioned corrections, errata, and additions to the DEIR do
not constitute significant new information, do not change the Project and/or mitigation
measures such that new or more severe environmental impacts result from the Project
and therefore do not require recirculation of the DEIR; and
WHEREAS, the aforementioned corrections, errata, and additions to the DEIR are
reflected in several revised DEIR chapters, which are hereby incorporated into the DEIR;
and
WHEREAS, the City held a duly noticed public meeting on June 2, 2015 to
consider the DEIR, as revised, and the FEIR (collectively, the "EIR"); and
WHEREAS, as contained herein, the City has endeavored in good faith to set forth
the basis for its decision on the Proposed Project; and
WHEREAS, all the requirements of CEQA have been satisfied by the City in the
EIR, which is sufficiently detailed so that all of the potentially significant environmental
effects of the Proposed Project have been fully evaluated; and
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WHEREAS, the EIR prepared in connection with the Proposed Project sufficiently
analyzes both the feasible Mitigation Measures necessary to avoid or substantially lessen
the Proposed Project's potential environmental impacts and a range of feasible
alternatives capable of eliminating or reducing these effects in accordance with CEQA;
and
WHEREAS, all of the findings and conclusions made by the City pursuant to this
Resolution are based upon the oral and written evidence presented to it as a whole and
not based solely on the information provided in this Resolution; and
WHEREAS, the environmental impacts identified in the EIR that the City finds are
of no impact or less than significant and do not require mitigation are described in Section
2 of Exhibit A, attached hereto and incorporated by reference herein; and
WHEREAS, the environmental impacts identified in the EIR as potentially
significant but which the City finds can be mitigated to a level of less than significant
through the imposition of feasible Mitigation Measures identified in the EIR and set forth
herein, are described in Section 3 of Exhibit A, attached hereto and incorporated by
reference herein; and
WHEREAS, the environmental impacts identified in the EIR as potentially
significant but which the City finds cannot be mitigated to a level of less than significant,
despite the imposition of feasible Mitigation Measures identified in the EIR and set forth
herein, are described in Section 4 of Exhibit A, attached hereto and incorporated by
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reference herein; and
WHEREAS, the cumulative impacts identified in the EIR and set forth herein, are
described in Section 5 of Exhibit A, attached hereto and incorporated by reference
herein; and
WHEREAS, potentially significant and irreversible environmental changes from the
Project, which are identified in the EIR and which are described as being largely
mitigated by feasible Mitigation Measures in the EIR and set forth herein, are described in
Section 6 of Exhibit A, attached hereto and incorporated by reference herein; and
WHEREAS, the existence of any growth-inducing and urban decay impacts
resulting from the Proposed Project identified in the EIR and set forth herein, are
described in Section 7 of Exhibit A, attached hereto and incorporated by reference
herein; and
WHEREAS, alternatives to the Proposed Project that might eliminate or reduce
significant environmental impacts are described in Section 8 of Exhibit A, attached
hereto and incorporated by reference herein; and
WHEREAS, because the EIR identified significant and unavoidable impacts of the
Proposed Project, the Commission explains its reasoning for approving the Project
despite those impacts in the Statement of Overriding Considerations, contained Section 9
of Exhibit A, attached hereto and incorporated by reference herein; and
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WHEREAS, the Mitigation Monitoring and Reporting Program sets forth the
mitigation measures to which the City binds itself in connection with this Project and is
attached hereto as Exhibit B, incorporated by reference herein; and
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WHEREAS, prior to taking action, the City has heard, been presented with,
reviewed and considered all of the information and data in the administrative record,
including the EIR, and all oral and written evidence presented to it during all the meetings
and hearings, all of which is incorporated herein by this reference; and
WHEREAS, the EIR reflects the independent judgment of the City and is fully
adequate for the purpose of making decisions on the merits of this Proposed Project; and
WHEREAS, no comments made in the public meetings conducted by the City or
any additional information submitted to the City have produced significant new
information showing new significant environmental impacts, a substantial increase in the
severity of an impact, or a considerably different feasible alternative or mitigation
measure, requiring recirculation under State CEQA Guidelines section 15088.5; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES
RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1: The City Council finds that all of the preceding recitals are true and correct
and are incorporated into this Resolution by reference as findings of fact.
SECTION 2: The City Council finds that it has reviewed and considered the EIR in
evaluating the Project; that the EIR is an accurate and objective statement that fully
complies with CEQA and the State CEQA Guidelines; and that the EIR reflects the
independent judgment of the City Council. The City Council consequently hereby
certifies the EIR.
SECTION 3: The City Council adopts the CEQA Findings of Fact attached hereto as
Exhibit A.
SECTION 4: Pursuant to Public Resources Code section 21081.6, the City Council
hereby adopts the Mitigation Monitoring and Reporting Program attached hereto as
Exhibit B. Implementation of the Mitigation Measures contained in the Mitigation
Monitoring and Reporting Program is hereby made a condition of approval of the Project.
The City Council further determines that, in the event of any inconsistencies between the
mitigation measures as set forth in the EIR or the CEQA Findings of Fact in Exhibit A
and the Mitigation Monitoring and Reporting Program in Exhibit B, the Mitigation
Monitoring and Reporting Program shall control.
SECTION 5: Pursuant to Public Resources Code section 21081, and State CEQA
Guidelines section 15126.2(b), the City Council adopts the Statement of Overriding
Considerations attached as Section 9 of Exhibit A to this Resolution.
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SECTION 6: Based on the entire record before the City Council, including but not limited
to all written and oral evidence presented, the CEQA Findings of Fact, the Statement of
Overriding Considerations, and the Mitigation Monitoring and Reporting Program, the City
Council hereby approves the Proposed Project.
SECTION 7: The documents and materials that constitute the record of proceedings on
which this Resolution is based are located at the City of San Jacinto Community
Development Department, 595 S. San Jacinto Avenue, San Jacinto, California. The
custodian for these records is Development Director. This information is provided in
compliance with Public Resources Code section 21081.6.
SECTION 8: A Notice of Determination shall be filed with the County of Riverside and
the State Clearinghouse within five working days of final Project approval.
PASSED, APPROVED, AND ADOPTED this 2nd day of June, 2015 by the
following vote:
AYES: Bartel, Kotyuk, Miller, Ruiz
NAYS: None
ABSTAIN: None
ABSENT: Ledezma
City of S n Jacinto
Crysta Ruiz, Mayor
AT-r=QT:
Ric and Miller, City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
Aeffr4 S. Ba ' ger, City Attorney
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