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HomeMy WebLinkAboutCC Res 5648 2008-01-14 RESOLUTION NUMBER 5648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 07. 2, LAMPSON AVENUE WELL PROJECT, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, the City of Seal Beach Public Works Department has submitted an application to construct a new municipal water supply well with a pumping capacity between 4,000 and 5,000 gallons per minute. This will allow the City to have local supplies that can meet the system's maximum daily demand in the situation when not all wells are available for use. Additionally, most of the water supplied to the College Park East area is provided by the Bolsa Chica Well facility. If this facility were to be out of service, the College Park East area of the City would be without adequate fire flow capacity. With the completion of the well, the City will have a sufficient, firm source of local supply capacity, and enhance the fire flow capacity in the northerly portions of the City's system; and I WHEREAS, the proposed well facility is an approximately 3,300 square foot cement masonry unit (CMU) enclosed building composed of four rooms/areas. The building is proposed to receive a stucco coating on the exterior that will cover the CMU walls. Additionally the building is proposed to have a cement/clay tile roof. There is a generator room which houses a natural gas generator set; a pump room that houses the well pump/electric motor assembly, discharge piping and valves, pump to waste piping and valves, motor control center, and other appurtenant facilities; a disinfection equipment room which houses an on-site disinfection unit, and an office for City maintenance and operations personnel/staff. The overall height of the building would be approximately l8-feet in height which is compatible with nearby structures in the area. Metal doors would allow access in and out of the building; and WHEREAS, staff has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the Califomia Environmental Quality Act (CEQA). The comment period on the subject Negative Declaration ended on September 14, 2007. As of September 14, 2007, The City had received comments on the proposed Mitigated Negative Declaration from: o State Clearinghouse and Planning Unit; o Califomia Department of Transportation, District 12; o Southem California Association of Governments; o County of Orange Planning and Development Services Department; o City of Seal Beach Environmental Quality Control Board Minutes of August 29,2007; and I On September 20, 2007 the City received a comment letter from the Native American Heritage Commission after the close of the public comment period on September 14, 2007. Although CEQA does not require Lead Agencies to respond to late comments, the letter and its comments are addressed within the "Responses to Comments for Initial StudylMitigated Negative Declaration 07-2, Lampson Avenue Well Project" prepared by City staff and dated January 3, 2008, and WHEREAS, In addition, the City further determined to have Mitigated Negative Declaration 07-2 reviewed by the Planning Commission on October 3, 2007. Mailed copies of notice of Planning Commission consideration on October 3, 2007 of this matter and the Notice of Intent to Adopt a Resolution Number 5648 Mitigated Negative Declaration were provided to 32 property owners adjacent to the project site and across Lampson A venue that were within a 3OQ-foot radius of the exterior boundaries of the project site on September 17, 2007. At the October 3, 2007 meeting the City received comments from members of the Planning Commission and 1 public comment from a private citizen, and WHEREAS, the City's staff has prepared a "Responses to Comments for Initial StudylMitigated Negative Declaration 07-2, Lampson Avenue Well Project", dated January 3, 2008 document that includes written responses to all of the above-received comments on the subject Initial Study/Mitigated Negative Declaration. A copy of that document was provided for the information of the City Council; and I WHEREAS, the City Council considered the adoption of the subject Mitigated Negative Declaration 07-2, Lampson Avenue Well Project Mitigation Monitoring and Reporting Program, and Responses to Comments documents, along with a Staff Report on January 14, 2008, and received additional public comments; and WHEREAS, the City has addressed each of these concerns within the Initial StudylMitigated Negative Declaration document. Moreover, although CEQA does not require responses to comments made conceming a negative declaration, the City responded in writing to comments received, in the "Responses to Comments for Initial Study/Mitigated Negative Declaration 07-2, Lampson Avenue Well Project" document dated January 3, 2008. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby: 1. Finds that there is substantial evidence in the record that the project may have a significant effect on the environment, but mitigation measures imposed herein would avoid or mitigate the effects to a point where clearly no significant effect would occur and there is no substantial evidence in the record that any significant effect would remain after mitigation. I 2. Finds that there has been no evidence presented that Mitigated Negative Declaration 07-2 has been "substantially revised" so as to require recirculation under the California Environmental Quality Act. 3. Adopts Mitigated Negative Declaration 07-2 - Lampson Avenue Well Project. 4. Approves and adopts as conditions of approval the Mitigation Measures set forth in "Exhibit A" of this resolution for the Lampson Avenue Well Project. 5. Determines that approval of this project involves no potential for adverse effects, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. The project consists of the constructing new municipal water well at a location with no existing sensitive vegetation or wildlife, and has no impact on wildlife resources, since there are no identified wildlife resources on or adjacent to the site. The City Council directs the Director of Development Services to file the appropriate De Minimis Impact Finding for the California Department of Fish and Game Certificate of Fee Exemption. I 6. Finds that the foregoing findings are based on substantial evidence in the record, including without limitation, the draft Mitigated Negative Declaration 07-2, staff reports and both oral and written testimony. The documents that comprise the record of the proceedings are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. I I I Resolution Number 5648 7. Instructs the Director of Development Services to file appropriate documentation with the County of Orange. PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 14th day of Januarv ,2008 by the following vote: Councilmember -an ~J ~ ~ ~ AYES: NOES: Councilmember ABSENT: Council member ABSTAIN: Councilmember ATTEST: ~,Jk';1 Cit Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I ~; ~br, ~~4 ~..s::;) Mayor I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5648 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting thereof held on the 14th day of Januarv , 2008. ~ ,,:&' ~, Cit Clerk ".--- , .. ,~ ! . . ...' ..... ... . ,