HomeMy WebLinkAbout2013-12-04 Packet - Agenda Item 11a Attachment 1 - Resolution to Certify the Costco Wholesale Project EIR1
ATTACHMENT 1 1
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RESOLUTION NO._______ 3
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RESOLUTION OF THE CITY OF UKIAH MAKING FINDINGS 5
PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY 6
ACT ("CEQA") GUIDELINES SECTION 15090 IN CONNECTION 7
WITH THE CERTIFICATION OF THE COSTCO WHOLESALE 8
PROJECT ENVIRONMENTAL IMPACT REPORT 9
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WHEREAS: 13
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1. The City of Ukiah (“City”) as Lead Agency has conducted an environmental review for 15
the proposed Costco Wholesale Project that included the Environmental Impact Report 16
(EIR) scoping period, the Draft EIR, public review of the Draft EIR, and the Final EIR; 17
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2. The Final EIR consists of the Draft EIR, as revised, plus the Final EIR. The Final EIR 20
includes all written comments received regarding the Draft EIR, responses to comments, 21
and the Mitigation Monitoring and Reporting Program (MMRP). 22
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3. The implementation of the EIR scoping and review process is described in Section 1.2 of 24
the Final EIR (pp. 1-2 and 1-3). The following is a summary of the City’s environmental 25
review for this project. 26
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A. The City issued a Notice of Preparation (NOP) for a 30 -day comment period between 28
November 6 and December 6, 2011. The NOP was distributed to governmental 29
agencies, organizations, and persons interested in the proposed project. The City 30
sent the NOP to agencies with statutory responsibilities in connection with the 31
proposed project with the request for their input on the scope and content of the 32
environmental information that should be addressed in the EIR. The City Planning 33
and Community Development Department held a Scoping Meeting on November 21, 34
2011 to take comments regarding the scope of the EIR in response to the NOP. The 35
environmental issues raised during the scoping process were considered in the Draft 36
EIR. 37
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B. The Draft EIR was released on January 30, 2013. The Notice of Availability was 39
published in the Ukiah Daily Journal on January 27, 2013. The Notice of Completion 40
was delivered to the State Clearinghouse on January 30, 2013 (State Clearinghouse 41
# 2011112025). The review period closed on March 15, 2013 at 5:00 p.m. The 42
Planning Commission of the City of Ukiah held a public hearing to receive comment 43
on the Draft EIR on February 27, 2013. Seventy-three (73) written comment letters 44
were received during the review period, in addition to comments made at the 45
Planning Commission hearing on February 27th. These comments are included in 46
their entirety in Chapter 2 of the Final EIR. 47
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C. The Final EIR was released on November 1, 2013, 21 days prior to the Planning 1
Commission public hearing regarding EIR certification and project consideration. 2
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D. On November 21, 2013, the Planning Commission conducted a public hearing on the 4
certification of the EIR and voted (3-1) to recommend the City Council certify the 5
EIR. 6
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E. On December 4, 2013, the City Council conducted a public hearing on the 8
certification of the EIR. 9
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4. The custodian of the Project record is the City of Ukiah Planning and Community 11
Development Department. The documents and other materials, which constitute the 12
record of proceedings for the City’s certification of the EIR and potential approval of the 13
Project, including, but not limited to the items described in Public Resources Code 14
Section 21167.6(e), are located at the Planning and Community Development 15
Department, 300 Seminary Ave., Ukiah, CA 95482, and are available for review during 16
normal City business hours. 17
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NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as 19
follows: 20
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1. Pursuant to CEQA Guidelines Section 15090 (Title 14 of the California Code of 22
Regulations, Section 15090) the City Council certifies that the Final EIR has been 23
completed in compliance with the California Environmental Quality Act (“CEQA”) and the 24
State CEQA Guidelines. The City Council makes the following findings: 25
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A. The Final EIR has been completed in compliance with CEQA. 27
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B. The City retained ESA of San Francisco, California, to prepare the Draft and Final 29
EIR documents for the proposed Project. The EIR was prepared under the 30
supervision and direction of the City Planning and Community Development 31
Department staff and presented to the City Council and Planning Commission. 32
The EIR was presented to the Planning Commission on November 21, 2013 for 33
review and consideration of the information contained in the Final EIR. The EIR 34
was presented to the City Council on December 4, 2013 for review and 35
consideration of the information contained in the Final EIR. The City Council 36
has reviewed and considered the information contained in the Final EIR. 37
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C. The Final EIR reflects the City’s independent judgment exercised in accordance 39
with CEQA Section 21082.1 (c) by reviewing, analyzing and revising material 40
prepared by the consultant; circulating the Draft EIR as a City document and 41
certifying that the Final EIR reflects the independent judgment of the lead 42
agency. 43
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2. The proposed Project has the potential to result in significant impacts on the 45
environment. Pursuant to the CEQA Guidelines, an EIR is the required environmental 46
documentation for the City’s consideration of the Project. 47
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Adopted on December 4, 2013 by the following roll call vote: 1
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AYES: 3
NOES: 4
ABSENT: 5
ABSTAIN: 6
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Douglas F. Crane, Mayor 10
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ATTEST: 14
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Kristine Lawler, City Clerk 17
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