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HomeMy WebLinkAbout10-24-2017 Item 8, CodronCouncil Memorandum DATE: October 24, 2017 TO. City Council COUNCIL MEETING:_ - 2►�`I - ITEM NO.: <Z ^ FROM: Michael Codron, ommunity Development Director VIA: Derek Johnson, ity Manager SUBJECT: PH 8: Avila Ranch Community Facilities District CCT 24 201? The purpose of the memo is to propose modifications to the CEQA language contained in the Council Resolution and Environmental Impact Report (EIR) Addendum for the subject agenda item related to an action challenging the validity of the EIR for the Avila Ranch project since the staff report was published. In accordance with Sections 15162 & 15163 of the CEQA Guidelines, staff prepared an Addendum to the certified Final EIR (Attachment e to the staff report) to address the formation of a Community Facilities District (CFD), a funding mechanism intended to implement development under the Avila Ranch project. The Addendum found that the CFD would not introduce new or modified environmental impacts that were not already previously disclosed and analyzed through the certified Final EIR. All mitigation measures prescribed for the approved development project would still apply with the implementation of the CFD, and no new mitigation measures would be required. On October 19, 2017, an action challenging the validity of the EIR was filed in Superior Court, County of San Luis Obispo. In consideration of this challenge staff recommends amending language in Section C of the Addendum (Attachment e; Packet Pg 191) as follows: "A Notice of Determination (NOD) pursuant to CEQA Guidelines Section 15075 was filed on September 20, 2017, following project approval. This began a 30 -day period during which any potential court challenges to the project could have been filed. :,dp f. ee!iva-s ' tn1IY!-tha!-s:nie- On October 19 2017 an action challen in the validity of the EIR was flin the Superior Court, County of San Luis Obispo, as Case No. 17CV- 0573. Pursuant to CEQA Guidelines Section 15231(a), the EIR is conclusive)ypresumed to comply with CEQA fir purposes of use until the EIR isjinallyadiudicated in a legalproceeding not to comply with the requirements oLCEQA. No such determination has been made. In addition to the Addendum satisfying CEQA requirements for the CFD, formation of a CFD for the Avila Ranch project is also Categorically Exempt under CEQA, pursuant to Section 15306 (Information Collection). Finally, the action would also qualify for a "general rule" exemption under CEQA, pursuant to Section 15061(b)(3), which covers activities "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Agenda Correspondence PH8 — Avila Ranch October 24, 2017 Staff recommends adding the following language to Section 17 (Environmental Determination) of the Council Resolution (Attachment a; Packet Pg 147) to incorporate these additional findings into the record as follows: "The City Council further finds on a wholly independent basis that the formation and implementation of a CFD for the Avila Ranch project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15306 (Information Collection) and that the action otherwise qualifies for a "general rule" exemption pursuant to Section 15061(b)(3), which covers activities "where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. " The proposed action is intended to implement aspects of that project by establishing a funding mechanism through the formation of a CFD. This action does not change any aspect of the approved Avila Ranch project, nor does it introduce the potential for any new environmental impacts. Under Section 15306, the Secretary for the California Natural Resources Agency has concluded that "basic data collection, research... and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource" are exempt from CEQA. Further, it exempts actions that are "...for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. " The formation of a CFD qualifies with respect to these criteria. Therefore, the proposed action is categorically exempt from further analysis under CEQA." Please contact Tyler Corey (tcorey@slocity.oror Michael Codron (mcodronQslocity.or 3 should there be any questions.