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HomeMy WebLinkAbout2011-35 Neg Dec Property adjacent to WWTPRESOLUTION NO. 2011- 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING FINDINGS PURSUANT TO PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES SECTION 15091 IN CONNECTION WITH CITY OF UKIAH PURCHASE OF REAL PROPERTY - ADJACENT TO THE WASTEWATER TREATMENT PLANT WHEREAS: 1. The City of Ukiah as Lead Agency, has prepared an Initial Environmental Study and a Negative Declaration, dated June 10, 2011 (Revised July 8, 2011) for the City of Ukiah Purchase of Real Property - Adjacent to the Wastewater Treatment Plant; and 2. The purchase would involve the acquisition of an approximate 43-acre parcel of land; and 3. The Initial Environmental Study and Negative Declaration found that the proposed purchase of property in and of itself would not have significant adverse impacts on the environment because no site disturbance, grading or construction would occur and the zoning and development opportunities would not change as a result of the change in ownership of land; and 4. Future development projects on the subject parcels would be subject to CEQA evaluation, and determinations made as to whether or not those projects would result in significant adverse impacts on the environment; and 5. The Initial Environmental Study and Negative Declaration were publicly noticed and made available for public review and written comments between June 13, 2011 and July 13, 2011, and no written comments were received; and 6. The Initial Environmental Study and Negative Declaration were transmitted to the California State Clearinghouse for distribution to State Agencies for review, and no comments were received; and 7. Public Resources Code Section 21081 and CEQA Guidelines Section 15091 provide that the City shall not approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental impacts, unless it makes specified findings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project will not result in short-term impacts that will create a disadvantage to long-term environmental goals; 3. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project will not result in impacts that are individually limited, but cumulatively considerable; 4. Based upon the analysis, findings and conclusions contained in the Initial Environmental Study, the project will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly; 5. The Phase 1 Environmental Study and soil sample testing prepared by Laco Associates reveal trace amounts of DDT, which was assumed to have been applied as a pesticide at a time when it was legal to do so. The trace amounts were substantially below all screening level thresholds maintained by the State Department of Toxic Substance Control and State Regional Water Quality Control Board, and therefore did not represent a potentially significant adverse impact; 6. The Initial Environmental Study examined areas of potential impacts and it has been determined that the proposed purchase of land in and of itself would not have significant adverse impacts on the environment because no site disturbance, grading, construction or development is proposed as part of the project. Any future development would be subject to separate environmental review pursuant to the requirements of the California Environmental Quality Act. The actual size, scope and intensity of any future development project would be analyzed to determine if it would adversely impact agricultural resources. It would be speculative and unreasonable to assume what size, type and intensity of development might be proposed on the site in the future. Conclusion: The City Council is able to conclude that the proposed purchase of land adjacent to the Wastewater Treatment Plant in and of itself would not have significant adverse impacts on the environment because no site disturbance, grading or construction is proposed, and the zoning and development opportunities would not change as a result of the change in ownership of land. The Council is also able to conclude that future development projects on the subject parcels would be subject to CEQA evaluation, and determinations made, based on the size, type and intensity of development, whether or not significant adverse impacts would result from any future development project. PASSED AND ADOPTED this 3rd day of August, 2011 by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Bladwin, and Mayor Rodin NOES: None ABSENT: None ABSTAIN: None Mari Rodin, Mayor ATTEST: 0 J nne M. Currie, City Clerk