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HomeMy WebLinkAbout2005-22 Mitigated Neg Dec WWTPRESOLUTION NO. 2005-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING A MITIGATED NEGATIVE DECLARATION FOR THE CITY WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT WHEREAS: 1. The City of Ukiah has designed improvements to the existing wastewater treatment plant to improve the liquid treatment, solids treatment, and advanced water treatment processes to meet current and potential future regulatory requirements. 2. The City of Ukiah, as Lead Agency, has prepared an Initial Environmental Study for the Ukiah Wastewater Treatment Plant Improvement project; and 3. The Initial Environmental Study revealed that the project could have significant adverse environmental impacts on biological and cultural resources; and 4. The Initial Environmental Study identified reasonable and feasible mitigation measures to successfully offset the potentially significant biological and cultural resource impacts to insignificant levels; and 5. CEQA Guidelines Section 15074 requires the City to consider the proposed Mitigated Negative Declaration together with all comments received during the public review process prior to approving the project; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah finds as follows: 1. The Mitigated Negative Declaration was prepared and made available for public review and comment in full compliance with the procedures set forth in CEQA and the CEQA Guidelines. 2. The Mitigated Negative Declaration, public comments, and responses to comments were considered by the City Council at a noticed public hearing on November 3, 2004, which was conducted in full compliance with all legal requirements. 3. The City Council has considered all documents submitted for consideration prior to or during the hearings it conducted and all testimony presented during the hearings as well as the Mitigated Negative Declaration, public comments, response to comments, the Agenda Summary Staff Report, dated November 3, 2004, and all other documents comprising the administrative record of this decision, including the complete file in the City's Planning and Community Development Department and all studies and reports conducted, prepared or submitted in connection with the preparation of the Initial Environmental Study and Mitigated Negative Declaration. The Staff Report is incorporated herein by reference. The City Council has also independently reviewed and considered this Resolution. 4. Measures designed to avoid or substantially lessen significant effects of the wastewater improvement plant project will be imposed on the project. In this way, full mitigation will be achieved. 5. The following lists the identified significant adverse impacts and corresponding mitigation measures: 1 of 4 Impact D1. Construction activities could disrupt nesting activities during the nesting season (March 1 through August 31). D3. Project development may directly impact 0.2 to 0.5 acres of potentially jurisdictional man-made drainage ditches and seasonal wetlands. Recommended mitigation measures If construction takes place outside of the nesting season (March 1 to August 31), then no mitigation is required. If construction takes place between March 1 and August 31, a preconstruction nesting bird survey shall be conducted by a qualified biologist 30 days prior to the start of any construction activities to determine the presence of nesting raptors within 300 feet of construction activity and nesting songbirds within 50 feet of construction activity. If no nesting birds are located, then no further mitigation is required. If construction activities are delayed or suspended during the nesting season for more than 30 days after the preconstruction survey, the site shall be re-surveyed. If nests are located, then a qualified biologist will establish an avoidance area around each raptor nest site a minimum of 500 feet from the nearest construction activity and around each songbird nest site of a distance to be determined by a qualified biologist based upon the species. If the establishment of an avoidance area for a nest is not possible, then the City shall defer construction until a qualified biologist has determined that the young have fledged. In addition, a consultation with CDFG shall be conducted to determine appropriate avoidance measures. · Prior to the start of construction, the City shall retain a qualified biologist to identify and flag for avoidance all potential Waters of the U.S. including wetlands falling within 50 feet of the impact area. · The City shall obtain the appropriate Clean Water Act, Section 404 permit from the Corps, if necessary, for the fill of the seasonal wetlands that occur on the site. The City shall fulfill any mitigation measures required by the Corps. · The City shall obtain a Section 401 Water Quality Certification, if necessary, from the RWQCB. · If impacts are proposed for the drainage ditches located on the Project site, and they are determined to be CDFG jurisdictional, then the City shall obtain a Streambed Alteration Agreement from CDFG for work done in the drainage ditches and comply with permit conditions. 2of4 Impact El, E2, E4. Ground disturbance and excavation activities could unearth significant cultural resources or human remains. Recommended mitigation measures A focused, strategic program of on-site archaeological monitoring should be implemented during excavation activities at the treatment plant and plant expansion area. The monitor would be regularly present during excavation activities and would prepare a report following their completion. In the event that any archaeological resources are uncovered, there should be no further excavation or disturbance of the site or any nearby area until the find has been evaluated by a qualified archaeologist, and appropriate site-specific mitigation has been identified to protect, preserve, remove, or restore the artifacts uncovered. In the event that any human remains are uncovered during construction activity, there should be no further excavation or disturbance of the site or any nearby area until after the County Coroner has been informed and has determined that no investigation of the cause of death is required or such investigation has occurred and appropriate actions have been taken, and (if the remains are determined to be of Native American origin) the descendants from the deceased Native American(s) have made a recommendation to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. 6. A Mitigation Monitoring and Reporting Plan (Exhibit A) has been prepared in accordance with CEQA, and found adequate by the City Council. 7. On September 2, 2004, the Mendocino County Airport Land Use Commission conducted a public hearing and found that the Ukiah wastewater treatment plant improvement project would not cause or create safety hazards or noise problems for persons using the airport or for persons residing or working in the project area, and that the project was consistent with the Mendocino County Airport Comprehensive Land Use Plan. 8. Conclusions: The City Council is able to conclude that based on the whole of the record, there is no substantial evidence that the project, as mitigated, may have a significant effect on the environment, and that the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. 3of4 9. All documents constituting the record upon which the City Council's decision is based can be reviewed at the City of Ukiah Department of Planning and Community Development, 300 Seminary Avenue, Ukiah, CA 95482. Custodian of the documents: Director of Planning and Community Development. PASSED AND ADOPTED this 17th day of November 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers McCowen, Rodin, Smith, Baldwin, and Mayor Larson. None. None. None. ATTEST: Marie Ulvila, City Clerk 4of4