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RDA RES 1999-008RESOLUTION NO. RDA 99 -08 A RESOLUTION OF THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY CERTIFYING THE FINAL SUPPLEMENT TO THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE ABALONE COVE SEWER PROJECT; ADOPTING THE MITIGATION MONITORING PROGRAM AND ADOPTING THE STATEMENT OF FINDINGS AND FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. THE RANCHO PALOS VERDES REDEVELOPMENT AGENCY HEREBY FINDS, ORDERS AND RESOLVES AS FOLLOWS: Section 1. The Rancho Palos Verdes Redevelopment Agency (the "RDA "), has proposed the installation of a sanitary sewer system in the Abalone Cove area of the City of Rancho Palos Verdes ( "the Project ") as part of a program of ground stabilization methods intended to mitigate landslide hazards in the Abalone Cove area. Section 2. Various elements and cumulative impacts of proposed ground stabilization methods were previously studied in the Final Environmental Impact Report for the Abalone Cove Landslide Stabilization Project (State Clearinghouse No. 88092820), which was certified by the County of Los Angeles on December 4, 1990 ( "the 1990 County EIR "). While the environmental impacts of a sanitary sewer system in the area were studied in the 1990 EIR, actual sewer line alignments and project specifications were not in place at the time the 1990 EIR was certified. Section 3. The 1990 County EIR reached a conclusion that a sanitary sewer system would have a positive effect on efforts to stabilize the ground in the Abalone Cove area of the City of Rancho Palos Verdes ( "the City "), and identified a number of environmental consequences that could be mitigated through future design -level and construction -level measures to be imposed once the sewer system's alignment and design were in place. Section 4. Upon completion of a design and proposed alignment for the Project, the RDA caused a Final Supplemental Environmental Impact Report ( "FSEIR ") to be prepared for the Project pursuant to Section 15063 of the State Guidelines for implementation of the California Environmental Quality Act ( "CEQA "). The Agency Board certified the FSEIR on August 6, 1996. The FSEIR adopted the 1990 County EIR by reference, and indicated that the FSEIR was supplementing information and analysis contained in the 1990 County EIR. Section 5. Subsequent to the certification of the FEIR, certain design revisions in the Project and new environmental information created the necessity to prepare a Supplemental EIR pursuant to CEQA Guidelines Section 15163(a). Certain additional Project revisions caused the Agency to prepare the "Final Supplement to the Final Supplemental EIR" (hereinafter, "the Supplement," or occasionally referred to as "F2SEIR "). Section 6. With the addition of the supplemental documents referred to herein, the Final Supplemental Environmental Impact Report ( "FSEIR ") for the Abalone Cove Sewer Project shall be comprised of the Initial Study; the 1990 County EIR; the Draft EIR dated June 22, 1995, including any revisions thereto; the FEIR certified August 6, 1996; ; the Supplement; the Staff Reports which were prepared for each RDA meeting at which environmental impacts of the Project were considered and relevant portions of the minutes of such meetings; the Statement of Findings and Facts in Support of Findings, attached hereto as Exhibit "A "; the Mitigation Monitoring Program ( "MMP "); the list of persons, organizations and public agencies which have commented on the NOP, Initial Study, Draft EIR, Draft Supplemental EIR and the Draft Supplement; the comments which have been received regarding each of the aforementioned documents and the Agency's responses thereto; each of which is incorporated herein and made a part hereof by this reference. Section 7. The RDA met and considered the Supplement at its meeting on May 4, 1999, at which time evidence, both written and oral, was duly presented to and considered by, the RDA Board. Notice of the time, place and purpose of the hearing was provided in accordance with applicable law. Section 8. The findings made in this Resolution are based upon the information and evidence set forth in the FSEIR and upon other substantial evidence which has been presented in the record of this proceeding. The documents, staff reports, plans, specifications, and other materials that constitute the record of proceedings of the RDA on which this Resolution is based and the FSEIR for the Project are on file and available for public examination during normal business hours in the Office of the City Clerk of the City of Rancho Palos Verdes, 30940 Hawthorne Boulevard, Rancho Palos Verdes, California 90275. The custodian of said records is the City Clerk of the City of Rancho Palos Verdes. Section 9. The RDA finds that the public and government agencies have been afforded ample notice and opportunity to comment on the Initial Study, DEIR, FSEIR and the Supplements thereto. Resol. No. RDA 99 -08 Page 2 Section 10. The RDA finds, pursuant to Public Resources Code Section 15084(e), that the FSEIR has been independently analyzed by the RDA Board and its Staff, and that the FSEIR represents the independent judgment of the RDA as lead agency with respect to the Project. The RDA further finds that the additional information provided in the staff reports accompanying the Project descriptions and FSEIR, the corrections and modifications to the FSEIR and Supplements made in response to comments, and the evidence presented in written and oral testimony presented at the above - referenced meeting does not represent significant new information so as to require further recirculation of the Supplement or any portion of the FSEIR pursuant to Public Resources Code Section 21092.1. Specifically, with reference to the most recent minor modifications and corrections to the FSEIR regarding the alignment of the Project and the types of sewer systems to be installed, said Project revisions and the new and /or amended mitigation measures imposed were circulated to interested persons and agencies for the 30 -day public review period mandated by CEQA. Written comments were received from four (4) agencies, and said comments have been incorporated into the Supplement and responded to by the Agency. In response to comments from, and at the request of, the United States Fish and Wildlife Service and the California Department of Fish and Game, Supplement Mitigation measures D and E were amended to be more clear and more protective of biological resources. However, said revisions, added to the Supplement as a result of public review, do not constitute "significant new information" requiring recirculation under any of the criteria listed in CEQA Guidelines Section 15088.5. Because this information is a minor clarification to the prior analysis and does not change the conclusion which was reached in the EIR, recirculation of the EIR is not required by CEQA. Section 11. The RDA finds that the comments regarding the Supplement and the responses to those comments have been received by the RDA; that the RDA has received public testimony regarding the adequacy of the Supplement and FEIR; and that the RDA Board of Directors, as the final decision - making body for the lead agency, has reviewed and considered all such documents and testimony prior to acting on the Project. Pursuant to State CEQA Guidelines Section 15090, the RDA therefore certifies that the Supplement and the FEIR have been completed in compliance with CEQA. Section 12. The documents made a part of the FSEIR in Section 6 hereof and the Agency's previous findings, memorialized in Resolutions No. RDA 96 -16 indicat that the Project will not cause significant environmental impacts in Resol. No. RDA 99 -08 Page 3 the areas of Soil Resources, Water Resources and Drainage, Plant Life, Animal Life, Light and Glare, Land Use, Natural Resources, Risk of Upset, Housing, Public Services, Energy, Utilities, Human Health, and Recreation. Explanations for why the foregoing impacts were found to be insignificant are contained in the Initial Study in Appendix A of the Draft EIR, in Pages 7.0 through 7.5, inclusive, of the FEIR, and in the previous Resolutions of the Agency cited above. Said conclusions are not changed by the Supplement. Section 13. Based upon the Initial Study, the DEIR, FSEIR and Supplements thereto, public comments and the record before the RDA Board of Directors, the RDA finds that the Project may create significant impacts in the areas of air quality (construction impacts and odor), construction noise, traffic and circulation (construction crew parking, lane closure, and restricted access), aesthetics (construction staging, above - ground facilities), and cultural resources. The FSEIR identifies feasible mitigation measures for each impact that will reduce each impact to a level of insignificance. Said mitigation measures may be found in Section 2.0 of the FSEIR, in each applicable Section of the FSEIR, in the MMP, and in Exhibit A to this Resolution. In accordance with the requirements of Public Resources Code Section 21081.6, a Mitigation Monitoring Program has been developed for the Project. The Mitigation Monitoring Program as set forth in Exhibit "B" to this Resolution is hereby adopted and approved by the RDA and is hereby incorporated herein by this reference and is a condition of the approval of the Project. RDA Staff are hereby directed to implement the Mitigation Monitoring Program as set forth therein. Section 14. In response to each potentially significant impact identified in the FSEIR, and listed in Section 13 of this Resolution, changes or alterations are hereby required to be made, or incorporated into, the Project which will avoid or substantially lessen the significant environmental impacts which have been identified. These changes or alterations to the Project, constitute the mitigation measures listed in the FSEIR and the Supplement. As to each impact previously identified as significant, brief explanations of the rationale for this finding and the findings contained in Section 13 of this Resolution are set forth in the "Statement of Findings and Facts in Support of Findings," which is attached hereto as Exhibit "A" and incorporated herein by this reference. Section 15. The FSEIR described, and the RDA has previously considered, a reasonable range of alternatives to the Project which might fulfill the basic objectives of the Project. The Supplement did not analyze additional or different alternatives to the Project, and the Agency Board hereby finds that its Resol. No. RDA 99 -08 Page 4 previous consideration of Project alternatives was legally adequate and remains in full force and effect. No additional analysis of alternatives to the Project was made necessary as a result of the new information included in the Supplement. A good faith effort was made to incorporate alternatives into the preparation of the FSEIR, and that all reasonable alternatives were considered in the review process of the FSEIR and the ultimate decision on the project. Section 16. The RDA hereby makes the findings contained in the "Statement of Findings and Facts in Support of Findings" attached hereto as Exhibit "A" with respect to each of the significant impacts defined in the FSEIR and the Supplement. Further, the RDA hereby finds that each fact in support of finding is true and is based upon substantial evidence in the record including, without limitation, the documents made a part of the FSEIR pursuant to Section 6 of this Resolution. Section 17. Upon approval of this Resolution and the Project, the RDA Secretary is hereby directed to file a Notice of Determination with the County Recorder's Office, County of Los Angeles, and the California State Clearinghouse pursuant to Section 21152 of the Public Resources Code. PASSED, APPROVED, AND A ST: A NCY SECRETARY TED thi - th day of May, 1999. State of California } County of Los Angeles } ss City of Rancho Palos Verdes } Chairman 1, JO PURCELL, Secretary of the Rancho Palos Verdes Redevelopment Agency, hereby certify that the above Resolution No. RDA 99 -08 was duly and regularly passed and adopted by the said Redevelopm i Agency a regular meeting thereof held May 4, 1999. Agency Secretary Resol. No. RDA 99 -08 Page 5