Loading...
2011-026 - Recertify EIR For 15881 Linda Avenue And 15950 Stephenie LaneRESOLUTION 2011 -026 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RECERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT, AS AMENDED, IN CONNECTION WITH A PROJECT (PD -08 -004, 5 -08 -014 TO 5 -08 -020, AND EIR -09- 001) AND TO RATIFY AND REAFFIRM THE PROJECT (PD -08 -004, 5 -08 -014 TO 2 -08- 020) TO CONSTRUCT A SEVEN LOT SUBDIVISION LOCATED AT 15881 LINDA AVENUE AND A PORTION OF 15950 STEPHENIE LANE WHEREAS A. The Applicant, Mission Way Partners, proposed a project to adjust a lot line between 15881 Linda Avenue and 15950 Stephenie Lane, subdivide the newly created parcel and construct seven residences. The project included Planned Development Application PD -08 -004, Architecture and Site Applications 5 -08 -014 to 5 -08 -020, and Environmental Impact Report EIR -09 -001 (the "Linda Court Project "). The Project site is located at15881 Linda Avenue and 15950 Stephenie Lane ( "Property "). B. Pursuant to the California Environmental Quality Act and the implementing Guidelines adopted therefore ( "CEQA "), a Notice of Preparation ( "NOP ") of an Environmental Impact Report ( "EIR ") for the Linda Court Project was issued on February 27, 2009. C. A public scoping meeting was held on March 18, 2009 to receive comments regarding the scope of issues to be addressed in the EIR; D. A Draft Environmental Impact Report ( "DEIR ") to analyze potential impacts associated with the Linda Court Project was prepared and issued for agency and public review and comment on February 9, 2010 for a 45 -day review period. E. The Town prepared a Final Environmental Impact Report ( "Final EIR"), incorporating responses to comments on the DEIR which was issued on July 22, 2010. UH1846126.7 -1- 050311- 17938001 F. The Planning Commission held a duly noticed public hearing on August 11, 2010, at which time the Commission considered the public testimony, the staff report prepared for that meeting ( "Staff Report"), and all other documentation related to the Linda Court Project, and recommended that the Town Council deny the Planned Development application and approve the Final EIR for the Linda Court Project. G. The Town Council held a duly noticed public hearing on September 7, 2010, at which time the Town Council considered the public testimony, the Staff Report, and all other documentation related to the Linda Court Project. H. The Town Council certified that the Final EIR had been completed in compliance with CEQA, that the Final FIR was presented to the Town Council as the final decision - making body, which reviewed and considered the information contained in the Final FIR prior to approving the Linda Court Project, and that the Final EIR reflected the independent judgment of the Town. I. In compliance with Judgment Granting the Peremptory Writ of Mandate ( "Writ') dated September 5, 2008, and pursuant to Public Resources Code Section 21081, subdivision (a), the Town adopted findings for the Linda Court Project Final EIR Said findings are contained in Resolution 2010 -092, adopted September 7, 2010, and are attached hereto as Exhibit "A" and incorporated by this reference. J. In further compliance with the Writ, the Town and Real Parties, Linda Court Partners ( "Respondents "), filed a Supplemental Return to Writ of Mandate ( "Supplemental Return") on November 24, 2010. Ross Creek Neighbors ( "Petitioners ") opposed the Supplemental Return. -2- K. The matter was heard by Honorable Judge Leslie Nichols on February 10, 2011. On March 8, 2011, the Court issued its ORDER RE: RETURN ON WRIT OF MANDATE. Thereafter the Parties met and conferred with the Court on March 30, 2011. As agreed in that conference, the Parties submitted written correspondence and documents to the Court on April I, 2011. Respondents submitted a letter dated March 29, 2011, from the Department of Toxic Substance Control ( "DTSC ") in its correspondence to the Court. L. On April 4, 2011, the Court issued its NOTICE. The Court found that it was unnecessary to execute Petitioners' Proposed Judgment and Proposed Peremptory Writ. The Court further found that the Town need only correct the deficiency in the Final EIR, which the Court identified as being solely the failure to properly respond to the DTSC comment letter dated March 23, 2010, ( "DTSC Letter "). The Court noted that this position was supported by the authorities cited by Respondents. M. Further, the position that the Town need only correct the deficiency in the Final EIR that the Court identified before considering recertification of the Final EIR is supported by Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4` 1099 and Tracy First v. City of Tracy (2009) 177 Cal.AppAth 912. N. The Town's environmental consultant, Strelow Consulting, reviewed the ERAS Phase I Environmental Site Assessment dated January 9, 2007 ( "ESA "), the Phase I Environmental Assessment Addendum review dated April 13, 2011 ( "ERAS Review "), concerning the ESA and the DTSC Letter, and revised its response to the DTSC Letter. This response is set forth in the Town's Addendum - Amendment to Final EIR, dated April 18, 2011 ( "Amendment "). -3- O. As supported by Tracy First i;. City of Tracy (2009) 177 Cal.App.4th 912, the Town Council may certify an amendment to a Final EIR without recirculation and without Planning Commission review of the amendment because the Planning Commission had previously recommended approval of the Final EIR and the Linda Court Project has not changed or been modified. P. The Town forwarded the Amendment to DTSC on or about April 21, 2011, for its review. Q. The Town Council held a duly noticed public hearing on May 2, 2011, at which time the Town Council considered the public testimony, the staff report dated April 21, 2011, the Amendment and all other documentation related to the Linda Court Project. R. The location and custodian of the documents or other materials which constitute the record of proceedings upon which the Town Council's decision is based is in the office of the Town Clerk, 110 E. Main Street, Los Gatos, CA 95030. RESOLVED: 1. The findings set forth herein are made by the Town Council as the Town's findings pursuant to CEQA relating to the Linda Court Project. These findings provide the written analysis and conclusions of the Town Council regarding the Amendment for the Linda Court Project. 2. The revised response to the DTSC Letter contained in the Amendment consists of a re- analysis of previously available information. It does not contain any written materials or conclusions that would require that either a subsequent EIR, or a supplement to the EIR be prepared pursuant to CEQA Guidelines Sections 15162, 15163 or 15164. W I . The revised response to the DTSC Letter and the ERAS Review contained in the Amendment do not contain "significant new information" within the meaning of CEQA Guidelines Section 15088.5 that would indicate that recirculation of the Final EIR is necessary. The only new information is related to past agricultural use at the Linda Court Project site and potential pesticide use and does not change the conclusions in the Final EIR regarding potential exposure to hazardous materials (pesticides). The new information provides clarification and additional support for the conclusion in the Final EIR that soil or groundwater sampling for pesticides was not recommended or deemed necessary. See Laurel Heights Improvement Ass'n v. U.0 Regents (Laurel Heights II) (1993) 6 Cal.4` 1112; Vineyard Area Citifens for Responsible Growth, Inc, v. City of Rancho Cordova (2007) 40 Ca1.4` 412 (recirculation not required where new information merely clarifies or amplifies the previously circulated draft EIR). 4. The revised response to the DTSC Letter contained in the Amendment does not result in a new significant impact and does not result in a substantially more severe significant impact than were analyzed in the Final EIR, as a significant impact was not identified. Similarly, there are no substantial changes with respect to the circumstances under which the Linda Court Project is undertaken that would involve new significant impacts or a substantial increase in significance of previously identified impacts. 5. The revised response to the DTSC Letter contained in the Amendment has not resulted in any changes or modifications to the Linda Court Project as previously approved. -5- 6. The Amendment found that the ERAS Review indicates that further testing is not suggested or required by the DTSC Guidance documents covering such properties. Therefore, this additional infonnation clarifies and supports the 2007 conclusion in the ESA, and ERAS and DTSC continue to recommend no further testing at this time. 7. The revised response to the DTSC Letter contained in the Amendment satisfies the requirements of CEQA to furnish a good faith, reasoned response, based on evidence in the record, to the DTSC Letter. 3. The Town Council finds that it has reviewed and analyzed the Amendment and other information submitted and has considered the information submitted, including the written and oral comments received at the public hearing on the Amendment, prior to acting upon or recertifying the Final FIR, as amended, and that the Final FIR, as amended, represents the independent judgment of the Town. 9. Based on the forgoing, the Town Council hereby recertifies the Final FIR, as amended, finding that it has been completed in compliance with CEQA, that the Final EIR, as amended, was presented to the Town Council as the final decision - making body, which reviewed and considered the information contained in the Final FIR, as amended, prior to ratifying and reaffirming the prior approval of the Linda Court Project, and that the Final FIR, as amended, reflects the independent judgment of the Town. 10. The Town Council hereby ratifies and reaffirms the prior approval of the Linda Court Project, as fully set forth in Resolution 2010 -092 and Ordinance 2193, adopted September 20, 2010, and incorporated by this reference. -6- Action to recertify the Final EIR, as amended: PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 2 "d day of May, 2011, by the following vote: COUNCIL MEMBERS: AYES: LEONARDIS, MCNUTT, RICE, SPECTOR, and PIRSYNSKI NAYS: NONE ABSENT: NONE ABSTAIN: NONE Action to ratify and reaffirm the prior approval of the Linda Court Project: PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California held on the 2 "d day of May, 2011, by the following vote: COUNCIL MEMBERS: AYES: MCNUTT, RICE, and PIRZYNSKI NAYS: SPECTOR ABSENT: NONE ABSTAIN: LEONARDIS SIGNED: MAYOR O HE TOWN O OS GATOS LOS GATOS, CALIFORNIA zi r MINIST TOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA -7-