HomeMy WebLinkAbout2006-07-11 - RESOLUTIONS - GATE KING RECERTIFICATION FEIR (2)-- RESOLUTION NO. 06-81
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, RECERTIFYING THE
GATE KING INDUSTRIAL PARK FINAL ENVIRONMENTAL
IMPACT REPORT (SCH NO. 200102112 1) WITH A NEW
WATER ANALYSIS (ADDITIONAL ANALYSIS)
THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. FINDINGS OF FACT: The City Council does hereby make the following
findings of fact:
a. On June 24, 2003, the City Council adopted Resolution No. 03-87, certifying the Gate
King Industrial Park Final Environmental Impact Report (SCH NO. 2001021121),
and adopting a statement of overriding considerations that weighs project benefits
against the project's significant unavoidable impacts.
b. After City Council approval of the Gate King Industrial Park in June of 2003, Santa
Clarita Organization for Planning the Environment ("SCOPE"), the Oak
Conservancy, and the California Oak Foundation filed a lawsuit against the City of
Santa Clarita alleging, among other things, that the 2003 EIR had failed to adequately
discuss the environmental impacts of water supply and demand for the project, had
failed to adequately address impacts for endangered plant species, and was
inconsistent with the City's Hillside and Oak Tree Ordinances.
c. In April of 2004, the City of Santa Clarita prevailed in the Superior Court. On
May 20, 2004, SCOPE and the California Oak Foundation appealed.
d. On November 2, 2005, the 2nd Appellate District of the State Court of Appeal
reversed the Superior Court's prior ruling and found that the water analysis prepared
as part of the City of Santa Clarita's environmental impact report (EIR) for the Gate -
King project was inadequate, and that a new water analysis is required. As for the
other allegations in the lawsuit, the Court found that, in all other respects, the original
EIR was adequate and in compliance with CEQA. More specifically, the Court held
that the EIR's treatment of biological resources complied with CEQA and that the
City did not violate the Ridgeline Preservation and Hillside Development Ordinance
by granting the project an exemption.
e. The City subsequently revised the water analysis in the EIR to correct the deficiencies
identified by the Court of Appeal ("Additional Analysis"). The City left other
'"' portions of the EIR unchanged.
f. On March 31, 2006, the City circulated the Additional Analysis and provided notice
of a 45 -day public comment period, which ended on May 8, 2006. The Additional
Analysis was distributed to approximately 60 applicable agencies and approximately
100 individuals. The City also published notice of the circulation period in the Signal
Newspaper on March 31, 2006.
g. On March 31, 2006, the City sent notices to the applicable agencies, interested
individuals, and all property owners within 1000 feet of the Industrial Park notifying
them of the May 2, 2006 Planning Commission public hearing and public
review/comment period for the Additional Analysis. Notification of the Planning
Commission public hearings was also posted in the Signal Newspaper on
March 31, 2006, and at three different locations on the Gate King Industrial Park (San
Fernando Road, Sierra Highway, and Pine Street).
h. The Planning Commission held duly noticed public hearings on the re -certification of
the Gate King Industrial Park Final Environmental Impact Report on May 2, 2006
and June 6, 2006. The Planning Commission opened the public hearing on
May 2, 2006 and received public testimony on the Additional Analysis concerning
water supply.
i. On June 6, 2006, the Planning Commission, after hearing all of the comments, closed
the public hearing and recommended approval to the City Council to recertify the
Gate King Industrial Park Final Environmental Impact Report, which includes
replacing the prior water analysis with the new water analysis (Additional Analysis).
j. On June 10, 2006, the City sent public notices to the applicable agencies, interested
individuals, and all property owners within 1000 feet of the Industrial Park notifying
them of the July 11, 2006 City Council public hearing for the Additional
Analysis. Notification of the City Council public hearing was also posted in the
Signal Newspaper on June 11, 2006, and at three different locations on the Gate King
Industrial Park (San Fernando Road, Sierra Highway, and Pine Street).
k. The City Council held a duly noticed public hearing on the re -certification of the Gate
King Industrial Park Final Environmental Impact Report on July 11, 2006. The City
Council opened the public hearing at the July 11, 2006 City Council public hearing
meeting and after receiving all of the comments and public testimony on the
Additional Analysis concerning water supply, the City Council closed the public
hearing and recertified the Gate King Industrial Park Final Environmental Impact
Report, which includes replacing the prior water analysis with the new water analysis
(Additional Analysis).
SECTION 2. ENVIRONMENTAL IMPACT FINDINGS REQUIRED BY CEOA: The
City Council of the City of Santa Clarita does hereby find that the Gate King Industrial Park
Final Environmental Impact Report, with the revised Additional Analysis (Exhibit "A")
addresses the inadequacies identified by the Court of Appeal, and discloses all project -specific
impacts and cumulative project impacts.
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SECTION 3. CERTIFICATION OF THE FINAL EIR: The City Council of the City of
Santa Clarita does hereby certify:
a. That the Gate Icing Industrial Park Final Environmental Impact Report with the
Additional Analysis for this project is adequate, complete, and has been prepared
in compliance with the California Environmental Quality Act (CEQA).
b. That the Gate King Industrial Park Final Environmental Impact Report was
presented to the City Council and the City Council reviewed and considered the
information in the Gate King Industrial Park Final Environmental Impact Report,
including the revised new water analysis.
C. That the Gate King Industrial Park Final Environmental Impact Report reflects
the independent judgment and analysis of the City of Santa Clarita.
d. That a mitigation monitoring and reporting plan ("MNIRP") has been prepared
and is adopted to enforce the mitigation measures required by the Gate King
Industrial Park Final Environmental Impact Report and project approvals.
C. That the documents and other materials which constitute the record of
proceedings on which this decision is based are in the custody of the City Clerk
and are located at the City of Santa Clarita, 23920 Valencia Blvd., Suite 300,
Santa Clarita, California 91355.
By the adoption of this Resolution, the City Council has not granted any approval or
entitlement on this project.
SECTION 4. The City Council shall certify to the adoption of this Resolution and
certify this record to be a full, complete, and correct copy of the action taken.
SECTION 5. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 11th day of July, 2006.
ATTEST:
CITY CLERK
3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that
the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 11th day of July, 2006, by the following vote:
AYES: COUNCILMEMBERS: Kellar, Smyth, McLean, Weste
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Ferry
rd
_ STATE OF CALIFORNIA
)
COUNTY OF LOS ANGELES
) ss.
CITY OF SANTA CLARITA
)
CERTIFICATION OF
CITY COUNCIL RESOLUTION
I, Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that this is a true
and correct copy of the original Resolution No. 06-81, adopted by the City Council of the City of
Santa Clarita, California on July 11, 2006, which is now on file in my office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
20_.
Sharon L. Dawson, CMC
City Clerk
By
Susan Coffman
Deputy City Clerk
(CD OF MAY 2006 FEIR - ON FILE IN THE PLANNING DIVISION)
(CD OF JUNE 2003 FEIR - ON FILE IN THE PLANNING DIVISION)
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