Resolution 2877-09 CV 1 RESOLUTION NO. 2877 -09
2
3 A RESOLUTION BY THE BOARD OF DIRECTORS
OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
4 TO CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT
5 FOR THE RECYLED WATER FACILITIES MASTER PLAN AND ADOPTING
FINDINGS PER CEQA, A STATEMENT OF OVER - RIDING CONSIDERATION, A
6 MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING THE
RECYCLED WATER FACILITIES MASTER PLAN AND APPROVING
7 MASTER PLAN PROJECTS 1, 2, 11, AND 12
8
9 WHEREAS, the South Tahoe Public Utility District (District) is considering the
10 adoption of the Recycled Water Facilities Master Plan and approval of Master Plan
11 Projects 1, 2, 11, and 12, collectively hereinafter referred to as the "Project;" and
12
WHEREAS, the District is the lead agency under the California Environmental
13
Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and the State CEQA
14 Guidelines Cal. Code Res., tit. 14, 15000 et se
( g § seq.),; and
15
16 WHEREAS, the District has determined the Project is a "project" as defined
17 under the California Environmental Quality Act and State CEQA Guidelines, and is not
18 categorically or statutorily exempt; and
19
20 WHEREAS, the District, in accordance with CEQA, to State CEQA Guidelines
21 sections 15082(a), 15103, and 15375; issued a Notice of Preparation stating that an
22 EIR for the Project would be prepared and inviting comments from Federal Agencies,
23 State responsible and trustee agencies, other public agencies, interested organizations,
24 and the general public, and filed the Notice of Preparation with the State Clearinghouse
and the Clerk of Alpine County; and
25
26 WHEREAS, upon completion of the Draft Environmental Impact Report ( "Draft
27 EIR "), the District issued a Notice of Completion, along with copies of the Draft EIR, to
28 the State Clearinghouse to begin the review period for interested State and Federal
29 agencies and filed the Notice of Completion with the State Clearinghouse and the Clerk
30 of Alpine County; and
1 WHEREAS, the District provided a 47 -day public review period, affording the
2 public and Federal, State, and local agencies the opportunity to review the Draft EIR
3 and published a legal notice in the Tahoe Daily Tribune providing notice of the
4 availability of the Draft EIR; and
5
6 WHEREAS, all potential significant adverse environmental impacts were
sufficiently analyzed in the Draft EIR; and
7
8
WHEREAS, the draft environmental impact report was circulated to the public
9 from July 23, 2009, through September 7, 2009, to receive written comments in
10 accordance with CEQA; and
11
12 WHEREAS, public hearings were held at Turtle Rock Park in Alpine County and
13 before the District Board on September 2, 2009, and September 3, 2009, respectively to
14 take oral testimony on the draft environmental impact report; and
15
16 WHEREAS, the District received written comments on the Draft EIR, evaluated
17 and responded in writing to those comments, and prepared a Final Environmental
18 Impact Report pursuant to Sections 15088 and 15089(a) of the CEQA Guidelines; and
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WHEREAS, the District prepared the Final EIR and, pursuant to Public
20
Resources Code section 21092.5, the District provided copies of the Final EIR to all
21
commenting agencies; and
22
23 WHEREAS, as contained herein, the District has endeavored in good faith to set
24 forth the basis for its decision on the Project; and
25
26 WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have
27 been satisfied by the District in the Final EIR, which is sufficiently detailed so that all of
28 the potentially significant environmental effects of the Project have been adequately
29 evaluated; and
30 III
thy 1 WHEREAS, the Final EIR prepared in connection with the Project sufficiently
2 analyzes both the feasible mitigation measures necessary to avoid or substantially
3 lessen the Project's potential environmental impacts and a range of feasible alternative
4 capable of eliminating or reducing these effects in accordance with CEQA, the State
5 CEQA Guidelines and the Authority's Local CEQA Guidelines; and
6
WHEREAS, all of the findings and conclusions made by the District pursuant to
7
this Resolution are based upon the oral and written evidence presented to it as a whole
8
and not based solely on the information provided in this Resolution; and
9
10 WHEREAS, environmental impacts identified in the Final EIR that the Authority
11 finds are less than significant and do not require mitigation are described in Section 11
12 hereof; and
13
14 WHEREAS, environmental impacts identified in the Final EIR as potentially
t hry 15 significant but which the Authority finds can be mitigated to a level of less than
16 significant through the imposition of feasible mitigation measures identified in the Final
17 EIR and set forth herein are described in Section 111 hereof; and
18
19 WHEREAS, environmental impacts identified in the Final EIR as potentially
significant but which the Authority finds cannot be fully mitigated to a level of less than
20
significant, despite the imposition of all feasible mitigation measures identified in the
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Final EIR and set forth herein are described in Section IV hereof; and
22
23 WHEREAS, alternatives to the Project that might eliminate or reduce significant
24 environmental impacts are described in Section VIII hereof; and
25
26 WHEREAS, prior to taking action, the District has heard, been presented with,
27 reviewed and considered all of the information and data in the administrative record,
28 including the Initial Study, the Final EIR, and all oral and written evidence presented to it
29 during all meetings and hearings; and
30 III
1 WHEREAS, the Final EIR reflects the independent judgment of the District's
2 Board and is deemed adequate for purposes of making decisions on the merits of the
3 Project and on the Master Plan Projects 1, 2, 11, and 12; and
4
5 WHEREAS, no comments made in the public hearings conducted by the District
6 or any additional information submitted to the District have produced substantial new
information requiring recirculation or additional environmental review under State CEQA
7
Guidelines section 15088.5; and
8
9 WHEREAS, all other legal prerequisites to the adoption of this Resolution have
10 occurred;
11
12 NOW, THEREFORE, BE IT RESOLVED BY THE DISTRICT BOARD AS FOLLOWS:
13
14 I. FINDINGS
15 At a regular session assembled on December 3, 2009, the Board determined that,
16 based on all of the evidence presented, including but not limited to the Initial Study, the
17 Final EIR, written and oral testimony given at meeting and hearings, and submission of
18 testimony from the public, organizations and regulatory agencies, the following
19 environmental impacts associated with the Project are: (1) less than significant and do
not require mitigation; or (2) potentially significant and each of these impacts will be
20
avoided or reduced to a level of insignificance through the identified mitigation
21
measures and /or implementation of an environmentally superior alternative to the
22 Project; or (3) significant and cannot be fully mitigated to a level of less than significant
23 but will be substantially lessened to the extent feasible by the identified mitigation
24 measures.
25
26 11. RESOLUTION REGARDING ENVIRONMENTAL IMPACTS NOT
27 REQUIRING MITIGATION
28 The Board hereby finds that the following potential environmental impacts of the Project,
29 (See Appendix A, Section 2.2, Table 1, pages 14 through 20 listing no impacts), are
30 Tess than significant with the implementation of the Project and therefore do not require
the imposition of mitigation measures:
1 III. RESOLUTION REGARDING ENVIRONMENTAL IMPACTS MITIGATED
2 TO A LEVEL OF LESS THAN SIGNIFICANT
3 The Board hereby finds that mitigation measures have been identified in the Final EIR
4 that will avoid or substantially lessen the following potentially significant environmental
5 impacts to a Tess than significant level. The potentially significant impacts and the
6 mitigation measures will reduce them to a less than significant level are as follows:
See Appendix A, Section 2.2, Table 1, pages 14 through 20 impacts identified as
7
less than significant.
8
9 IV. RESOLUTION REGARDING ENVIRONMENTAL IMPACTS NOT FULLY
10 MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT
11 The Board hereby finds that the following impacts cannot be fully mitigated to a less
12 than significant level and that no feasible mitigation measures are available and a
13 Statement of Overriding Considerations is therefore included herein:
14 See Appendix A, Section 2.1, pages 10 through 13 listing significant unavoidable
15 impacts.
16
17 V. RESOLUTION REGARDING CUMULATIVE IMPACTS
18 The range of projects to be included in the cumulative analysis encompasses "past,
19 present, and reasonably anticipated future projects producing related or cumulative
impacts, including those outside of the control of the agency." (State CEQA Guidelines,
20
§ 15130.) A cumulative effect is deemed significant if the Project's incremental
21
contribution to a cumulative impact is "considerable." (Ibid.) A cumulative impact is not
22 considered significant if the impact can be mitigated to below the level of significance,
23 by providing improvements and /or contributing funds through fee - payment programs.
24 The Final EIR examines "reasonable options for mitigating or avoiding any significant
25 cumulative effects of a Project" (State CEQA Guidelines, § 15130). A description of
26 potential cumulatively considerable impacts is presented in each environmental impact
27 category. Overall, the Project would have cumulatively considerable impacts related to
28 groundwater quality for the No Project Alternative (see Final EIR Section 7.7)
tw 29 111
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1 VI. RESOLUTION REGARDING SIGNIFICANT IRREVERSIBLE
2 ENVIRONMENTAL CHANGES
3 Section 15126.2(c) of CEQA provides guidance as to what sorts of changes might be
4 considered irreversible. Such changes include use of nonrenewable resources,
5 commitment of future generations to similar uses, and environmental accidents that
6 could occur as a result of the project. The Project will involve construction activities
7 that commit non - renewable resources including fuels, construction materials and land.
8 Once constructed, Project facilities will continue to use energy. Construction of new
g facilities will irretrievably commit lands to use for public facilities. (See Final EIR Section
10 20.3 pages 20 -3 through 20 -4)
11
VII. RESOLUTION REGARDING GROWTH- INDUCING IMPACTS
12
13 The Project (Alternative 2) and action alternatives (Alternatives 3 and 4) will not result in
the removal of obstacles to growth. The Recycled Water Facilities Master Plan is the
14
15 District's implementation program for expanding the reuse and /or application of
recycled water to 5.8 million gallons per day (mgd). The Project does not require
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expansion of the District's treatment plant, which has a capacity of 7.7 mgd. The
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impacts of the plant's capacity and the District's plan for accepting new sewer
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connections have been evaluated in prior environmental documents. The
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Environmental Impact Report/Environmental Impact Statement ( EIR/EIS) for the
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District Future Sewer Connections Plan concludes that growth- inducing impacts of that
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project were less than significant. The District Recycled Water Facilities Master Plan will
22 not allow additional growth beyond that projected in the EIR/EIS for the District Future
23 Sewer Connections Plan. Future development ultimately will be determined through the
24 Tahoe Regional Planning Agency (TRPA) planning process. (See Final EIR Section
25 1.7.1 pages 1 -9 through 1 -10)
26
27 VIII. RESOLUTION REGARDING ALTERNATIVES
28 The District's Board hereby declares that it has considered and rejected as either
29 infeasible, or environmentally inferior, the alternatives identified in the Draft EIR and
30 described below. CEQA requires that an EIR evaluate a reasonable range of
alternatives to a project, or to the location of the Project, which: (1) offer substantial
1 environmental advantages over the Project proposal, and (2) may be feasibly
2 accomplished in a successful manner within a reasonable period of time considering the
3 economic, environmental, social and technological factors involved. An EIR must only
4 evaluate reasonable alternatives to a project which could feasibly attain most of the
5 Project objectives, and evaluate the comparative merits of the alternatives. In all cases
6 the consideration of alternatives is to be judged against a rule of reason. The lead
agency is not required to choose the environmentally superior alternative identified in
7
the EIR if the alternative does not provide substantial advantages over the Project and:
8
(1) through the imposition of mitigation measures the environmental effects of a project
9 can be reduced to an acceptable level, or (2) there are social economic, technological
10 or other considerations which make the alternative infeasible. (See Final EIR Chapter
11 19)
12
13 A. SUMMARY OF PROJECT ACTIONS AND OBJECTIVES
14 The District requires a reliable recycled water reuse and emergency storage system that
C IF 15 accommodates the flows generated by the residents and visitors within the Lake Tahoe
16 Basin of El Dorado County, CA and recycled by the District wastewater treatment facility
17 located in South Lake Tahoe, CA. The District utilized the following objectives for
18 selection of the Master Plan components and projects:
19 • Establish a plan for recycled water and freshwater management for operation
20 through the year 2028;
• Assure regulatory compliance for the District's recycled water and freshwater
21
operations;
22
• Protect and enhance the environment in Alpine County;
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• Continue cooperation with Alpine County stakeholders; and
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• Preserve agricultural practices in Alpine County.
25
26 IX. RESOLUTION ADOPTING A STATEMENT OF OVERRIDING
27 CONSIDERATIONS
28 The Board hereby declares that, pursuant to State CEQA Guidelines Section 15093, the
29 Board has balanced the benefits of the Project against any unavoidable environmental
30 impacts in determining whether to certify the Final EIR and approve the Project. If the
1 benefits of the Project outweigh the unavoidable adverse environmental impacts to
2 aesthetics, those impacts may be considered "acceptable."
3 The Board hereby declares that the Final EIR has identified and discussed significant
4 effects which may occur in the areas of Geology, Soils and Seismicity, Groundwater,
5 Surface Water and Historical and Archaeological Resources and Paleontology as a
6 result of the Project. With the implementation of the policies and mitigation measures
discussed in the Final EIR, these effects will be significant and unavoidable.
7
The Board hereby declares that it has made a reasonable and good faith effort to
8
•
eliminate or substantially mitigate the potential impacts resulting from the Project.
9 The Board hereby declares that to the extent any mitigation measures recommended in
10 the EIR could not be incorporated, such mitigation measures are infeasible because
11 they would impose restrictions on the Project that would prohibit the realization of
12 specific economic, social and other benefits that this Board finds outweigh the
13 unmitigated impacts.
14 The Board further finds that except for the Project, all other alternatives set forth in the
15 EIR are infeasible because they would prohibit the realization of Project objectives
16 and /or specific economic, social and other benefits that this Board finds outweigh any
17 environmental benefits of the alternatives.
18 The Board hereby declares that, having reduced the adverse significant environmental
19 effects of the Project to the extent feasible by adopting the proposed policies and
mitigation measures, having considered the entire administrative record on the Project,
20
and having weighed the benefits of the Project against its unavoidable adverse impacts
21
after mitigation, the Board has determined that the following social, economic and
22 environmental benefits of the Project outweigh the potential unavoidable adverse
23 impacts and render those potential adverse environmental impacts acceptable based
24 upon the following overriding considerations:
25 1. The Project will secure infrastructure improvements and protect property for
26 the future of the community.
27 2. The Project would enhance the tax base and thus support public services,
28 employment and future development.
29 3. The Project will promote diversification and preservation of existing and
30 future water resources to better serve the community.
1 4. The Project will allow for the improvement of the existing water distribution
2 infrastructure with advanced technology to greater conserve the environment and water
3 resources.
4 5. The Project will allow for the greater conservation of natural resources.
5 The Board hereby declares that the foregoing benefits provided to the public through
6 approval and implementation of the Project outweigh the identified significant adverse
environmental impacts of the Project to Geology, Soils and Seismicity, Groundwater,
7
Surface Water and Historical and Archaeological Resources and Paleontology which
8
cannot be mitigated. The Board finds that each of the Project benefits outweighs the
9 unavoidable adverse environmental effects identified in the Final EIR and therefore
10 finds those impacts to be acceptable.
11 X. RESOLUTION CERTIFYING THE EIR
12 The Board finds that (1) the Final EIR is an accurate and objective statement that has
13 been completed in compliance with CEQA and the State CEQA Guidelines; (2) the Final
14 EIR was presented to the Board and the Board reviewed and considered the
t oe 15 information contained in the Final EIR prior to approving the Project and Master Plan
16 Projects 1, 2, 11, and 12; and (3) the Final EIR reflects the District's independent
17 judgment and analysis.
18 The Board declares that no new significant impacts as defined by State CEQA
19 Guidelines Section 15088.5 have been received by the District after circulation of the
Final EIR, which would require recirculation.
20
The Board certified the Final EIR based on the following findings and conclusions:
21
A. Findings. The following significant environmental impacts have been
22 identified in the Final EIR and will require mitigation as set forth in Section IV of this
23 Resolution: [GEO -2, GW -1, SW -3, ARCH -1 and ARCH -2].
24 B. Conclusions.
25 1. All significant environmental impacts from the implementation of the Project
26 have been identified in the Final EIR and, with implementation of the mitigation
27 measures identified, will be mitigated to a less than significant level, except for Geology,
28 Soils and Seismicity, Groundwater, Surface Water and Historical and Archaeological
29 Resources and Paleontology.
30 ///
1 2. Other reasonable alternatives to the Project that could feasibly achieve most
2 of the basic objectives of the Project have been considered and rejected in favor of the
3 Project.
4 3. Environmental, economic, social and other considerations and benefits
5 derived from the development of the Project override and make infeasible any
6 alternatives to the Project or further mitigation measures beyond those incorporated into
the Project.
7
8
XI. RESOLUTION ADOPTING A MITIGATION MONITORING PROGRAM
9 Pursuant to Public Resources Code Section 21081.6, the Board hereby adopts the
10 Mitigation Monitoring Program attached to this Resolution as Appendix A (see Section
11 3). In the event of any inconsistencies between the mitigation measures as set forth
12 herein and the Mitigation Monitoring Program, the Mitigation Monitoring Program shall
13 control.
14
15 XII. RESOLUTION APPROVING THE PROJECT
16 Based on the entire record before the Board, including the above findings and all written
17 and oral evidence presented to the Board, the Board hereby adopts the STPUD
18 Recycled Water Facilities Master Plan and approves Master Plan Projects 1, 2, 11, and
19 12 with all the mitigation measures and the Mitigation Monitoring Program as set forth in
this Resolution.
20
21
XIII. RESOLUTION REGARDING THE CUSTODIAN OF RECORD
22 The documents and materials constitute the record of proceedings on which this
23 Findings have been based are located at the South Tahoe Public Utility District office
24 located at 1275 Meadow Crest Drive, South Lake Tahoe, CA 96150. This information is
25 provided in compliance with Public Resources Code Section 20181.6.
26
27 XIV. RESOLUTION REGARDING STAFF DIRECTION
28 A Notice of Determination shall be filed with the County of Alpine and California Office
t oy 29 of Planning and Research within five (5) working days of final Project approval.
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1 NOW, THEREFORE, BE IT RESOLVED that the District Board certifies:
2
3 1. The Final Environmental Impact Report for Recycled Water Facilities Master Plan
4 has been completed in compliance with the California Environmental Quality Act
5 Statutes and Guidelines; and
6
2. The Final EIR was presented to the District Board and the District Board
7
reviewed and considered the information contained in the Final EIR prior to its
8
decision to adopt the Recycled Water Facilities Master Plan and approve Master
9 Plan Projects 1, 2, 11, and 12; and
10
11 3. The Final EIR reflects the independent judgment and analysis of the District
12 Board based upon its review of the entirety of the administrative record, which
13 provides substantial evidence to support the adoption of this resolution.
14
15 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
16 resolution was duly and regularly adopted and passed by the Board of Directors of the
17 South Tahoe Public Utility District at a regular meeting duly held on the 3 day of
18 December, 2009, by the following vote:
19
AYES: Directors Mosbacher, Rise, Claudio, Jones, Schafer
20
NOES: None
21 None
ABSENT:
22
r /
23 i l - '`
Ma r /r 6
Mosbacher, Board President
24 South Tahoe Public Utility District
25
26 ATTEST:
27
28
29 Kathy Shar /Clerk of the Board
30