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Home My WebLink About2006-06-13 - AGENDA REPORTS - MC 04-444 SOLEDAD VILLAGE (2)Agenda Item: — 16 CITYOF SANTA CLARITA AGENDA REPORT UNFINISHED BUSINESS City Manager Approval: Item to be presented by: Jason Mikaelian DATE: June 13, 2006 SUBJECT: SOLEDAD VILLAGE PROJECT, MASTER CASE 04444, CONSIDERATION OF A GENERAL PLAN AMENDMENT 04-006, ZONE CHANGE 04-004, TENTATIVE TRACT MAP 62322 AND CONDITIONAL USE PERMIT 05-021 AND AN ENVIRONMENTAL IMPACT REPORT FOR A 407 -UNIT RESIDENTIAL CONDOMINIUM COMPLEX (INCLUDING 22 LIVE -WORK UNITS) AND AN 8,000 SQUARE FOOT COMMERCIAL CENTER ON A 30 -ACRE PROPERTY ON THE NORTH SIDE OF SOLEDAD CANYON ROAD AT GLADDING WAY IN THE CITY OF SANTA CLARITA. DEPARTMENT: Community Development RECOMMENDED ACTION City Council certify the Environmental Impact Report (EIR) State Clearinghouse Number 2005041100 and adopt the Mitigation and Monitoring Program and Statement of Overriding Considerations for a 407 -unit residential condominium complex and an 8,000 square foot commercial center on a 30 -acre property on the north side of Soledad Canyon Road at Gladding Way in the City of Santa Clarita. Additionally, adopt a resolution approving Master Case 04-444, General Plan Amendment 04-006, Tentative Tract Map 62322 and Conditional Use Permit 05-021 and introduce and pass to second reading to June 27, 2006 an ordinance to approve of Zone Change 04-004. BACKGROUND On the April 25, 2006 City Council meeting, the Council received the staff report, heard staffs presentation, received public input and closed the public hearing. The Council then directed staff to return to the May 23, 2006 meeting with the appropriate approval documents. However, at the May 23, 2006 meeting, staff requested additional time to respond to new comments received ee--;,- Ordinance passed to Adooed: 6 Second reading regarding the Water Supply Section of the Draft EIR. Although these comments were received outside the public comment period, staff wanted to address the new items and include the responses as part of the EIR. The Council then continued the item to the June 13, 2006 meeting. EIR Comments and Responses A 45 -day public comment period consistent with the California Environmental Quality Act (CEQA) on the Draft EIR was provided from November 3, 2005 to December 18, 2005. During the noticed comment period, the staff received letters from various public agencies, all of which were the subject of written responses contained in the Draft Final EIR recommended for certification by the Planning Commission. After the Planning Commission action and public comment period, the City received two public comment letters critical of the Draft EIR (primarily the Water Supply Section). The first letter was from California Water Impact Network (C -WIN), dated March 23, 2006, and the second was from Friends of the Santa Clara River (Friends), dated March 27, 2006. Both the C -WIN and Friends comment letters were received after the close of the public comment period and are considered "late" comments. Because CEQA does not require a lead agency to respond to late comments, the City is not required to provide a written response to such comment letters under Section 15088(a) of the CEQA Guidelines. However, the City nonetheless provided thorough written responses to each comment letter and forwarded these responses to all of the commenting parties (including the two organizations above) on May 23, 2006. CEQA requires that responses be sent to public agencies ten (10) days prior to certification of an EIR. In this case, responses were provided to all of the commenting parties (including public agencies, members of the public and non-public organizations) 21 days in advance of potential certification of the Final EIR. Summarized below are Final EIR "topical" responses to two recurring issues raised by these organizations. The CLWA 41.000 AFY Water Transfer Both comment letters claim that the EIR should not include or rely on the 1999 transfer to Castaic Lake Water Agency (CLWA) of 41,000 acre-feet per year (afy) of State Water Project (SWP) Table A amounts ("41,000 afy water transfer") as part of CLWA's available SWP supplies for planning purposes. The comments claim that the EIR should not include or rely on the 41,000 afy water transfer because it is not final and is the subject of litigation. As to the finality of the 41,000 afy water transfer, City staff has determined that it is appropriate for the Soledad Village EIR to rely on the permanent transfer to CLWA of the 41,000 acre-feet as part of CLWA's overall SWP Table A amount. Although several reasons support City staffs determination, the primary reasons are that the 41,000 afy water transfer was memorialized in a 1999 water supply contract amendment between the state Department of Water Resources (DWR) and CLWA and that contract remains in full force and effect, with no court ever questioning the validity of the contract or enjoining the use of the permanent 41,000 afy water transfer. In addition, DWR has been including the 41,000 acre-feet in all allocations made to CLWA (based on CLWA's total annual allocation of 95,200 acre-feet), and DWR has been delivering and the CLWA service area has been receiving water supply that includes a percentage of the 41,000 acre-feet since calendar year 2000 (for all the reasons supporting the Draft EIR's use of the 41,000 afy water transfer, please refer to Topical Response 1: CLWA's 41,000 AFY Water Transfer, pages 14-17 of the Final EIR). As to litigation concerning CLWA's 41,000 afy water transfer, and other pending litigation concerning water supplies, the Soledad Village Final EIR now includes a second topical response addressing various litigation matters concerning water supplies in the Santa Clarita Valley, the region and the State. This topical response addresses the litigation challenges concerning water supplies, including the CLWA 41,000 afy water transfer. City staff believes that, while there is potential uncertainty created by litigation, substantial evidence exists in both the EIR and the record to support the determination that water supplies, including the 41,000 afy water transfer, are sufficient to serve the Soledad Village project and other existing and planned development in the Santa Clarita Valley (for a detailed assessment of the litigation concerning water supplies, including the 41,000 afy water transfer, please refer to Topical Response 2: Litigation Concerning Water Supplies of the Final EIR). Climate Change/Global Warming Both comment letters also point to uncertainties in the future that may affect water supplies, such as climate change due to global warming. Comments state that DWR should account for global warming when assessing water reliability in California. The Soledad Village Final EIR now includes a "topical" response assessing DWR's response to information concerning climate change and its effects on SWP delivery reliability. The response reports the fact that DWR's planning documents address the uncertainties surrounding global climate change and its effects on water supplies. DWR also has acknowledged reports and other literature addressing climate change effects on California's water resources. DWR has further acknowledged that, as more sophisticated tools are developed and additional studies are completed, better quantification may be possible of global climate change and its effect on water supplies. However, according to DWR, until then, the CalSim-II model studies represent the best available assessment of the delivery capability of the SWP (for fiuther responsive information, please refer to Topical Response 3: Climate Change and its Effects of the Final EIR). ALTERNATIVE ACTIONS Other actions as determined by the City Council. FISCAL IMPACT Staff completed a fiscal impact analysis that evaluated the potential economic impact to the City's General Fund as the property is operational and fully developed. The report found the project will have cumulative revenues to the City's General Fund greater than the cumulative expenditures to the General Plan. ATTACHMENTS Resolution for MC 04-444 Environmental Impact Report with attached Statement of Overriding Considerations and Mitigation adn Monitoring Program Resolution for MC 04-444 Entitlements with attached Map and Conditions of Approval Ordinance April 25, 2006 City Council Staff Report available in the City Clerk's Reading File Planning Commission Staff Report, Resolutions and Attachments available in the City Clerk's Reading File Final EIR available in the City Clerk's Reading File Project site plan, elevations and conceptual landscape plan SOLEDAD VILLAGE ENVIRONMENTAL IMPACT REPORT SCH NO. 2005041100 (On file in the Planning Division)