HomeMy WebLinkAbout2007-06-12 - AGENDA REPORTS - SC ENTERPRISE ZONE EIR (2)PUBLIC HEARING
DATE:
J i_ f
DEPARTMENT:
Agenda Item: 19
CITY OF SANTA CLARITA
AGENDA REPORT
Jason Crawford
City Manager Approval:
Item to be presented by:
June 12, 2007
SANTA CLARITA ENTERPRISE ZONE - ENVIRONMENTAL
IMPACT REPORT (EIR)
City Manager's Office
RECOMMENDED ACTION
City Council hold a public hearing and adopt a resolution to certify the Final Environmental
Impact Report (FEIR) State Clearinghouse Number 2006071050 for the Santa Clarita Enterprise
Zone.
BACKGROUND/PROJECT DESCRIPTION
On November 3, 2006, the State of California Housing and Community Development
Department bestowed a "Conditional" Enterprise Zone designation to the City on areas specified
in the Santa Clarita Enterprise Zone boundary map. The area that is being analyzed consists of
13.5 square miles of primarily commercial and industrial areas in the City. The Enterprise Zone
would not change the existing underlying land use designation of the parcels included in the
zone. As uses change or new future uses and development occur within this zone, they will be
analyzed on a case-by-case basis in compliance with CEQA.
On December 15, 2006, the City of Santa Clarita received direction from the State of California
Housing and Community Development Department to conduct and complete the Environmental
Impact Report (EIR) as a condition to receive "Final" designation of the Santa Clarita Enterprise
Zone.
The Enterprise Zone Program is a long-term (15 -year) partnership between local governments
and private companies to generate new private sector investment and growth. The State of
California provides performance-based tax credits and incentives to Enterprise Zone businesses
which revitalize deteriorated areas, hire local residents in private sector jobs, and retain, and
Adopted: .-y c,,
expand new businesses that participate in the objectives of the Enterprise Zone.
Enterprise Zones are geographical areas in which companies are eligible for exclusive state
incentives and programs. Incentives. available to companies within an Enterprise Zone include
tax credits for purchasing equipment and machinery, hiring local employees, fifteen year net
operating cost cant' -forward, interest deductions for lenders on loans to firms within a designated
zone, accelerated expense deduction, and priority for state programs.
ENVIRONMENTAL IMPACT REPORT
In January 2007, staff prepared an Initial Study, which determined there would not be any
potentially significant environmental impacts with the approval of the Enterprise Zone with the
exception of Land Use Planning, thus requiring an Environmental Impact Report (EIR) which
would provide the analysis needed to determine those potential impacts. An environmental
consultant was subsequently hired to prepare the report. In January 2007, staff circulated the
Notice of Preparation (NOP) for the Draft Environmental Impact Report (DEIR). The DEIR
was completed in May 2007 and circulated for review from March 28, 2007 to May 11, 2007.
All comments were addressed in the final EIR and written responses to the letter were sent to the
applicable agencies on May 25, 2007.
The DEIR analyzed Land Use and Planning impacts associated with the Enterprise Zone and
determined that there was no significant environmental impacts. The DEIR concluded that the
Enterprise Zone was consistent with the goals and policies of the City of Santa Clarita's General
Plan.
ALTERNATIVE ACTIONS
Other actions as determined by the City Council.
FISCAL IMPACT
None by this action.
ATTACHMENTS
Resolution
City of Santa Clarita Enterprise Zone
Final Environmental Impact Report
SCH No. 2006071050
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Prepared By:
IMPACT SCIENCES, INC.
803 Camarillo Springs Road, Suite A
Camarillo, California 93012
(805)437-1900
May 2007
FINAL ENVIRONMENTAL IMPACT REPORT
for
CITY OF SANTA CLARITA ENTERPRISE ZONE
SCH No. 2006071050
Prepared for.
City of Santa Clarita
23920 Valencia Boulevard, Suite 302
Santa Clarita, California 91355
Prepared by:
Impact Sciences, Inc.
803 Camarillo Springs Road, Suite A
Camarillo, California 93012
Phone: (805) 437-1900
May 2007
TABLE OF CONTENTS
Section Page
1.0 INTRODUCTION.....................................................................................................................................1.0-1
2.0 LIST OF AGENCIES AND ORGANIZATIONS RECEIVING THE DEIR........................................ 2.0-1
3.0 RESPONSE TO COMMENTS................................................................................................................. 3.0-1
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1.0 INTRODUCTION
This document, together with the Draft Environmental Impact Report (Draft EIR), constitutes the Final
Environmental Impact Report (Final EIR) for review and consideration for certification by the City of
Santa Clarita as complete and adequate under the California Environmental Quality Act (CEQA). The
Draft EIR was circulated to affected public agencies and interested parties for a 45 -day public review
period. This document consists of comments received on the Draft EIR by Southern California
Association of Governments (SCAG) and the Department of Transportation, and responses to the
comments.
The purposes of the Response to Comments document are to respond to all significant environmental
issues raised in comments received on the Draft EIR and to incorporate appropriate changes, additions,
or corrections to the information presented in the Draft EIR CEQA Guidelines, Section 15088). All written
and oral comments received during the comment period (March 28, 2007 to May 11, 2007) are included in
this document, as well as changes or corrections to the Draft EIR needed in response to the comments.
This chapter provides a summary of certification and project selection procedures, public involvement,
the requirements for consideration of recirculation, and an overview of the response to comment process.
This document also includes the following sections:
• Chapter 2.0, List of Agencies, Organizations, and Individuals Receiving the Draft EIR
• Chapter 3.0, Response to Comments
1.1 EIR CERTIFICATION - PROJECT SELECTION PROCESS
The City must certify that (1) the Final EIR has been completed in compliance with CEQA; (2) the City has
reviewed and considered the information within the Final EIR; and (3) the Final EIR reflects the City's
independent judgment and analysis. (CEQA Guidelines, Section 15090)
Once the Final EIR is certified, the City can approve the project as proposed, approve one of the proposed
alternatives, or take no action on the project. As part of the approval of either the project or an
alternative, the City must make written findings for each significant effect identified in the EIR. These
findings will state whether the identified significant effect can be avoided or substantially decreased
through feasible mitigation measures or a feasible alternative, whether the effect can only be mitigated by
the action of some agency other than the City, or whether the identified mitigation measures or
alternatives are infeasible and can not be implemented. (CEQA Guidelines, Section 15091(a)) Since there
are no mitigation measures to adopt, the City would not be required to adopt a mitigation monitoring
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' and reporting plan. (CEQA Guidelines, Section 15097) Since the proposed project would not include
�* significant environmental effects, a Statement of Overriding Considerations to outweigh these effects
f '
y would not be required. (CEQA Guidelines, Section 15094)
Once it is certified, the Final EIR will be used by responsible agencies in deciding whether, or under what
conditions to approve the required entitlements.
1.2 PUBLIC INVOLVEMENT
On March 28, 2007 the City released the Draft EIR for public review and comment. Copies of the Draft
EIR were distributed to agencies, local governments, elected officials, groups, and individuals. The
comment period closed on May 12, 2007.
Ten days after the release of the Final EIR or thereafter, the City will make a decision regarding
certification of the EIR and project approval. In this case, there will be 10 days until the City Council
recommendation on certification.
1.3 REQUIREMENTS FOR RECIRCULATION
If significant new information is added to an EIR after the public review, the lead agency is required to
recirculate the EIR or a portion of it for additional public review and comments. (CEQA Guidelines,
Section 15088.5.) "[N]ew information to an EIR is not significant unless the EIR is changed in a way that
deprives the public of a meaningful opportunity to comment on a substantial adverse environmental
effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible projected
alternative) that the project's proponents have declined to implement ... [R]ecirculation is not required
where the new information added to the EIR merely clarifies or amplifies ... or makes insignificant
modification in ... an adequate EIR" (Laurel Heights Improvement Association of San Francisco., Inc. v.
Regents of the University of California (1993) 6 Cal. 4th 1112,1129-1130). Significant new information
requiring recirculation may include, for example, a disclosure showing that:
(1) A new significant environmental impact would result from the project or from a new mitigation
measure proposed to be implemented.
(2) A substantial increase in the severity of an environmental impact would result unless mitigation
measures are adopted that reduce the impact to a level of insignificance.
(3) A feasible project alternative or mitigation measure considerably different from others previously
analyzed would clearly lessen the significant impacts of the project, but the project's proponents
decline to adopt it.
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I' (4) The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that
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meaningful public review and comment were precluded. [(See CEQA Guidelines, Section 15088.5,
subd. (a)]
There are no impacts described as significant in the Draft EIR. As such, there are no impacts described as
less than significant in the Draft EIR that have been reevaluated as significant and unavoidable as a result
of revisions and new information. Also, no substantial increase in the severity of impacts has been
identified as a result of information presented in comments on the Draft EIR. (CEQA Guidelines, Section
15088.) Therefore, there is no need to recirculate the Draft EIR.
1.4 RESPONSES TO COMMENTS
Under CEQA, the City must respond to all significant environmental issues raised in comments on the
Draft EIR. Responses to all written comments received within and shortly after the close of the comment
period are contained in this Final EIR. Possible responses include requiring specific suggested mitigation
measures, supplementing analyses, making factual corrections, and explaining why certain comments do
not warrant further agency response. No factual convections have been required as a result of the
comments received on the Draft EIR.
Chapter 3.0 of this document includes responses to each individual comment received on the Draft EIR.
The comments have been summarized as allowed by CEQA Guidelines Section 15132(b), with a response
following each comment. The original comments are also shown following the comment summary and
response. There are no editorial revisions made in response to these comments.
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2.0 LIST OF AGENCIES AND ORGANIZATIONS
RECEIVING THE DEIR
State and Federal Agencies
California Department of Conservation, Division of Mines & Geology
California Department of Finance
California Department of Fish & Game
California Department of Housing and Community Development
California Department of Parks & Recreation
California Department of Toxic Substance Control
California Department of Transportation, District 7
California Department of Water Resources
California Highway Patrol
California Office of Planning & Research
Native American Heritage Commission
US Fish & Wildlife Service
U.S. Forest Service
U.S. Army Corps of Engineers
County of Los Angeles Departments
Los Angeles County Chief Administrative Office
Los Angeles County Department of Public Works
Los Angeles County Department of Water and Power
Los Angeles County Fire Department
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2.0 List of Agencies and Organizations Receieaing the DEIR
Los Angeles County Flood Control
Los Angeles County Health Dept.
Los Angeles County Regional Planning
Los Angeles County Sheriffs Dept.
Los Angeles County Sanitation Districts
Regional and Local Agencies/Utilities/Special Districts
AT&T Broadband
Blue Barrel Disposal Co.
B.F.I. Waste Systems
Castaic Lake Water Agency
College of the Canyons
Comcast
Hart Union High School District
The Historical Society
JoAnn Darcy Library
Local Agency Formation Commission
Los Angeles County 5th District
Los Angeles County Industrial Waste
Metropolitan Water District
Metropolitan Transportation Authority (MTA) — CEQA Review
Metrolink
Newhall County Water District
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2.0 List of Agencies and Organizations Receieving the DEIR
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Newhall Library
Newhall School District
Pacific Bell
Santa Clarita Disposal
Santa Clarita Valley Chamber of Commerce
Santa Clarita Water Company
•"
Saugus Union School District
SBC
The Signal Newspaper
rSouthern
California Edison
Southern California Gas Company
South Coast Air Quality Management District
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Southern California Association of Governments
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Sulphur Springs School District
Times Warner Cable
Union Pacific Railroad
Valley Industrial Association
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Valencia Library
rWater
Quality Control Board
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2.0 List of Agencies and Organizations Receieving the DEIR
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3.0 RESPONSE TO COMMENTS
3.1 INTRODUCTION
This section provides summaries and responses to comments received during the public review period
for the DEIR. Responses for each written comment are required by Section 15088 of the CEQA Guidelines.
Copies of all of the letters are provided before each response. Provided below is a list of all written
correspondence received by the City of Santa Clarita with respect to the contents of the Draft EIR. Each
comment letter is placed prior to each response.
3.2 LIST OF COMMENTERS
1) California Department of Toxic Substances Control, May 21, 2007
2) California Department of Transportation, District 7, April 24, 2007
3) Southern California Association of Governments, May 4, 2007
3.3 RESPONSE TO WRITTEN COMMENTS
Responses to comments are as follows.
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3.0.1 City of Santa Clarita Enterprise Zone Final EIR
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Linda S. Adams
Secretary for
Environmental Protection
May 11, 2007
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Department of Toxic Substances Control
Maureen F. Gorsen, Director
1011 North Grandview Avenue
Glendale, California 91201
Mr. Jeff Hogan
Senior Planner
City of Santa Clarita
23920 Valencia Boulevard, Suite 302
Santa Clarita, California 91355-2196
Letter No. 1
Amotd Schwamenegger
Governor
pLANNING DIVISION
M, AY 2.1 2GO7
f+mr n� cAmTA M APIMA
NOTICE OF COMPLETION OF DRAFT ENVIRONMENTAL IMPACT REPORT FOR
THE ENTERPRISE ZONE, SCH NO. 2006071050
Dear Mr. Hogan;
The Department `of Toxic Substances Control (DTSC) has received your Notice of
Completion of draft Environmental Impact Report (EIR) for the project mentioned above,
Based on the review of the document, DTSC comments are as follows:
1. The draft EIR states that the Enterprise Zone is comprised of approximately 13.5
square miles of primarily commercial and industrial areas throughout the City.
The draft EIR needs to identify and determine whether current or historic uses at
the Project areas have resulted in any release of hazardous wastes/substances.
2. The draft EIR needs to Identify any known or potentially contaminated site within
the Project areas. For all identified sites, the draft EIR needs to evaluate whether
conditions at the site pose a threat to human health or the environment
3. The draft EIR should identify the mechanism to initiate any required investigation
and/or remediation for any site that may require remediation, and which
government agency will provide appropriate regulatory oversight
4. If during construction of the project, soil contamination is suspected, construction
In the area should stop, and appropriate health and safety procedures should be
implemented. If it is determined that contaminated soils exits, the draft EIR
should identify how any required investigation and/or remediation will be
conducted, and which government agency will provide regulator oversight.
Printed on Recycled Paper
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Impact Sciences, Inc. 3,0_2 City of Santa Clarita Enterprise Zone Final FIR
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Mr. Jeff Hogan
May 11, 2047
Page 2.
DTSC provides guidance for Preliminary Endangerment Assessment preparation and
cleanup oversight through the Voluntary Cleanup Program (VCP). For additional
information on the VCP please visit DTSC's wets site at www.dtse,ca.gov. If you would
like to meet and discuss this matter further, please contact Mr. Alberto Valmidiano,
Project Manager, at (818) 551-2870 or me, at (818) 551-2980.
Sincerely,
ulii Obome
Unit Chief
Southern California Cleanup Operations Branch — Glendale Office
cc: Governor's Office of Planning and Research
State Clearinghouse
P. O. Box 3044
Sacramento, California 95812-3044
Mr. Guenther W. Moskat, Chief
Planning and Environmental Analysis Section
CEGA Tracking Center
Department of Toxic Substances Control
P. O. Box 806
Sacramento, California 95812-0806
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7 3.0 Response to Comments
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I, 3.3.1 Response to Letter from Juli Oborne, California Department of Toxic
rk Substances Control, dated May 21, 2007
1. The commenter states that the EIR should identify and determine whether current or historic uses for
the proposed project areas have resulted in any release of hazardous wastes or substances. As stated in
the Initial Study prepared for the project, the proposed Enterprise Zone designation would not directly
expose people to existing sources of potential health hazards. In addition, the project is consistent with
the City's General Plan policies pertaining to health hazards. Subsequent developments in the project
P" area would be required to comply with the City's General Plan and development codes and federal, state
and local hazardous material regulations. Furthermore, no development is associated with this
OM designation. Therefore, no impact due to the existing hazardous material is anticipated with
implementation of the proposed project. The comment will be included as part of the record and made
available to the decision makers prior to a final decision on the proposed project.
2. The comment states that the EIR should identify any known or potentially contaminated sites within
the proposed project boundaries and evaluate whether conditions at the project site pose a threat to
human health and the environment. As stated in the Initial Study prepared for the project, the proposed
Enterprise Zone designation would not directly expose people to health hazards or hazardous materials
and would not interfere with any emergency response plans. In addition, the project is consistent with
the City's General Plan policies pertaining to health hazards. Subsequent developments in the project
area would be required to comply with the City's General Plan and development codes and federal, state
and local hazardous material regulations. Furthermore, no development is associated with this
designation. Therefore, no impacts associated with the threat to human health and the environment are
anticipated with implementation of the proposed project.
3. The comment states that the draft EIR should identify the mechanism to initiate any required
investigation and/or remediation for any site that might require remediation, and which government
agency will provide regulatory oversight. The commenter also suggests that if during construction of the
proposed project, soil contamination is suspected in the area should stop, and appropriate health and
safety procedures should be implemented. The proposed project would not include development and
would therefore not be subject to specific site remediation. Furthermore, as there is no construction
associated with the project, the EIR is not required to identify further investigation for contaminated soils.
Subsequent developments in the project area would be required to comply with the City's General Plan
and development codes and federal, state and local hazardous material regulations. The comment will be
included as part of the record and made available to the decision makers prior to a final decision on the
proposed project. No further response is required.
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ISKPSS, TRANSLORT6MOt'AND HQI;SLN1g AGe4-,Y
DEPARTMENT -OF TRANSPORTATION
DISTRICT 7, REGIONAL PLANNING
IGR'CEQA BRANCH
100 MAIN STREET, MS # 16
LOS ANGELES, CA 90012.3606
PHONE: (213) 897-3747
FAIL: (213) 897.1337
May 4, 2007
Mr. Jeff Hogan, Senior Planner
City of Santa Clarita
j 23920 Valencia Boulevard, Suite 300
l Santa Clarita, CA 91355
Dear Mr. Hogan:
Letter No. 2
ARNOLD SCHW&%7.ENEGGEL,i�p"=
Flex your power!
Be energy efficient.
IGR/CEQA No. 070404AL, DEIR
City of Santa Clarity Enterprise Zone
Vic. LA-05/LA-14, Various Locations
SCH # 2006071050
Thank you for including the California Department of Transportation (Caltrans) in the
environmental review process for the above referenced project. The City of Santa
Clarita's Enterprise Zone is a State of California Tax Incentive program designed to
stimulate business development and employment growth.
On page 3.0 -2, -the Environmental Impact Report indicates no new land uses or
development are included in implementation of the project. As uses change or new uses
and development occur within this zone, they will be analyzed on a case-by-case basis in
compliance with CEQA. When a specific project is identified, please include this
department in the environmental reviewing process.
If you have any questions, please feel free to contact me at (213) 897-3747 or Alan Lin
the project coordinator at (213) 897-8391 and refer to IGRICEQA No. 070404AL.
Sincerely,
V���
CHERYL J. POWELL Ar= Q 19 1 V isi
IGR/CEQA Branch Chief PLANNING DIVISION
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cc: Scott Morgan, State Clearinghouse lRAY 1 D 2007
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3.0 Response to Comments
3.3.2 Response to Letter from Cheryl J. Powell, California Department of
�+ Transportation, District 7 dated April 24, 2007
The commenter notes that page 3.0-2 of the Draft EIR indicates that no new land uses or developments
are included in implementation of the project. The commenter also notes that as land uses change or new
uses and development occur within the zone, they will be analyzed on a case-by-case basis in compliance
with CEQA. Further, when a specific project is identified, the commenter requests to be included in the
environmental reviewing process.
The comment restates information contained in the Draft EIR, but does not raise an environmental issue
within the meaning of CEQA. The comment will be included as part of the record and made available to
the decision makers prior to a final decision on the proposed project. However, because the comment
does not raise an environmental issue regarding the content of the Draft EIR, no further response is
required. The California Department of Transportation is on the City's environmental distribution list
and will be included in future project consultation as necessary.
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SOMERN CALIFORNIA
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ASSOCIATION of
GOVERNMENTS
Main Office
818 West Seventh Street
12th Floor
Los Angeles, California
40017-3435
April 24, 2007
Mr. Jeff Hogan, Senior Planner
City of Santa Clarita
23920 Valencia Boulevard, Suite 302
Santa Clarita, CA 91355-2196
Letter No. 3
RE-: CEIVEII"Dt
PLANNING DIVISION
f'r1'y -y� .,nnrcn r+t 5,nt'r>.
RE: SCAG Clearinghouse No. 120070183 City of Santa Clarita Enterprise
Zone Application
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Dear Mr. Mogan:
Thank you for submitting the City of Santa Clarita Enterprise Zone
Application for review and comment. As areawide clearinghouse for regionally
ORUen: P"UEt+U: Vomit It tint, to
significant projects, SCAG reviews the consistency of local plans, projects and '
Son wmaTiot( anr•sovtrmw"aem
programs with regional plans. This activity is based on SCAG's responsibilities
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as a regional planning organization pursuant to state and federal laws and
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regulations. Guidance provided by these reviews is intended to assist local
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L" "go" comm r: votme It two. to
agencies and .project sponsors to take actions that contribute to the attainment
°"ry'u wa k'.tmkaran
of regionalt«nayI+vR9fp'.kiaafmaknteaN:•xmp goals and policies.
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We have reviewed the City Of Santa Clarita Enterprise Zone Application, and
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have determined that the proposed Project is not regionally significant per SCAG
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Intergovernmental Review IGR) Criteria and California Environmental QualityAct
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to Xgt4s . {rine 1j
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(CEQA) Guidelines (Section 15206). Therefore, the proposed Project does not
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warrant comments atthis time. Should there be a change in the scope of the
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proposed Project, we would appreciate the opportunity to review and comment at
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to "nytlm • to to W'iefr" . to
that time. '
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A description of the proposed Project was published In SCAG's April 145, 2007
intergovernmental Review Clearinghouse Report for public review and comment
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The project title and SCAG Clearinghouse number should be used In all
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correspondence with SCAG concerning this Project. Correspondence should be
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sent to the attention of the Clearinghouse Coordinator. if you have any questions,
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please contact me at (213) 236-1856. Thank you.
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Sincerely.
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SHERYLL DEL ROSARIO
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Associate Planner
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3.0 Response to Comments
3.3.3 Response to Letter from Sheryll del Rosario, Southern California Association
of Governments, dated April 24, 2007
The commenter notes that the proposed project would not be considered regionally significant under the
Southern California Association of Governments (SCAG) Intergovernmental Review Criteria, and the
CEQA Guidelines (Section 15206). The commenter requests that the project title and SCAG Clearinghouse
number be used in all project correspondence with SCAG and correspondence should be sent to the
attention of the Clearinghouse Coordinator.
The comment restates information contained in the Draft EIR, but does not raise an environmental issue
within the meaning of CEQA. The comment will be included as part of the record and made available to
the decision makers prior to a final decision on the proposed project. However, because the comment
does not raise an environmental issue regarding the content of the Draft EIR, no further response is
required. The comment is noted, and in compliance with the regional jurisdiction, the City of Santa
Clarita will submit correspondence pertaining to the project in the manner the commenter suggests.
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