RESOLUTION NO. 24-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF San clemente, CALIFORNIA, approving A MODIFICATION TO THE APPROVED UNITED STATES ARMY CORPS OF ENGINEERS (USACE) SHORELINE PROTECTION PROJECT IN SAN CLEMENTE TO INCLUDE A SECOND BORROW SITE AT SURFSIDE SUNSET; ADOPTING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT / FINAL ENVIRONMENTAL IMPACT REPORT; AND AUTHORIZING ENTRY INTO A STATE LANDS LEASE amendment ..body
WHEREAS, Coastal erosion is a very significant problem in the City of San Clemente that threatens the public beaches and coastal public access, key public facilities, existing structures, and critical public infrastructure; and WHEREAS, in 2001, the City of San Clemente entered into a Federal Cost Share Agreement (FCSA) with the United States Army Corps of Engineers (USACE) for purposes of collaborating on the San Clemente Coastal Storm Damage Reduction Feasibility Study Project (Project); and WHEREAS, the Project was originally authorized under the Energy and Water Development Appropriations Act of 2000 and the City has been participating in Project development efforts with Federal and State agency partners for more than 20 years; and WHEREAS, the State of California, Division of Boating and Waterways, has been a steadfast partner through the California Public Beach Restoration Act Program; and WHEREAS, the Project is intended to reduce coastal storm damage to property and infrastructure along the study area shoreline for a period of 50 years; improve public safety in the study area by providing a wider sandy beach which will serve as a natural wave buffer; and reduce coastal erosion and shoreline narrowing to improve public recreational opportunities for beach users within the City for the next 50 years; and WHEREAS, the Project includes construction of a 50-foot-wide beach fill along a 3,412-foot-long stretch of shoreline and would place an initial 251,000 cubic yards of compatible sediment on the beach every six years over the next 50 years; and WHEREAS, the USACE beach sand project is exempt from the City’s construction noise ordinance (San Clemente Municipal Code section 8.48.090(J)), due to it being a federal project and landside operations may occur 24 hours a day, seven days a week to expedite sand placement activities and overall project completion; and WHEREAS, the Final EIS/EIR was filed with the U.S. Environmental Protection Agency and was made available to interested parties for review and comment pursuant to regulations of the President's Council on Environmental Quality for implementing NEPA (40 CFR Parts 1500-1508) as well as the State Clearinghouse/Governor’s Office of Planning and Research for a 45-day public review period beginning on August 9, 2011 and ending on September 23, 2011 and was assigned State Clearinghouse Number 2010084002; and WHEREAS, the Final EIS/EIR determined that all but two of the potential significant impacts of the Project can be avoided or reduced to a level below significance by the implementation of feasible mitigation measures as outlined in the Mitigation Monitoring and Reporting Program (MMRP); and WHEREAS, the USACE Chiefs Report approving the Feasibility Study Project was issued on April 15, 2012 and the final NEPA action of publishing the Record of Decision (ROD) occurred on September 6, 2012 and an SEA/FONSI has been prepared by the USACE under NEPA to support the use of a second borrow site; and WHEREAS, the Project is one of the first entirely new public beach restoration projects in California and would provide local coastal storm damage reduction benefits and local, regional, state, and federal economic benefits; and WHEREAS, the Project has been designed to be resilient to sea level rise consistent with California Coastal Commission Sea Level Rise Policy Guidance which recognizes beach nourishment as preferred sea level rise adaptation strategy; and WHEREAS, the City Council adopted Resolution 23-74 in July 2023 to approve the Project, certify the CEQA document and conclude the CEQA process for the City; and WHEREAS, Project construction was started in the City in November 2023 and was halted in January 2024 due to sediment quality issues; and WHEREAS, the USACE is proposing a modification to the Project (the Project Modification) to allow the use of a second borrow site for the Project to allow the Project to restart; and WHEREAS, the USACE proposes to dredge material for the beach fill from the Surfside Sunset borrow site located off the coast south of the Orange County; and WHEREAS, the Project is consistent with Federal, Statewide, regional, and local shoreline management goals which recognize the importance of public beach restoration along the South Orange County shoreline as the preferred method of addressing the critical coastal erosion problems caused by an overall lack of sediment supply; and WHEREAS, in the absence of the Project, continued erosion and loss of the sandy beach is expected to occur; and WHEREAS, with implementation of the Project, the City, State and USACE will be providing a viable nature-based solution as a means of advancing natural infrastructure protection as the sandy beach functions as a natural buffer from storm waves; and WHEREAS, copies of the Addendum to the Final EIS/EIR, Final Feasibility Study, FEIS/FEIR, SEA/FONSI, MMRP, Findings of Fact and Statement of Overriding Considerations and other documents and materials that constitute the administrative record of proceedings upon which this decision is based are and have been available for public review from the custodian of these records, the Department of Public Works at City Hall, 910 Calle Negocio, San Clemente, CA 92673; and WHEREAS, the City Council of the City of San Clemente has independently reviewed, analyzed, and considered the Addendum to the Final EIS/EIR as well as the Final EIS/EIR, SEA/FONSI, MMRP and other documents and materials that constitute the administrative record of proceedings and all public comments, written and oral, received before making this decision; and WHEREAS, on March 19, 2024, the City Council held a duly noticed public hearing and heard and considered information presented by staff and the public.
NOW THEREFORE, the City Council of the City of San Clemente, California, does hereby find, determine, and resolve as follows:
That the foregoing recitations are true and correct and incorporated herein fully by this reference as findings.
That the City Council approves the USACE Modified Project in San Clemente.
That substantial evidence in the record as a whole supports the decisions in this resolution.
That the Addendum to the Final EIS/EIR (Addendum), included as Attachment 2 to the Staff Report dated March 19, 2024 and incorporated fully herein by this reference, constitutes an adequate, accurate, objective, and complete CEQA compliance consistent with all applicable legal standards.
That the information and analysis contained in the Addendum to the Final EIS/EIR reflects the City's independent judgment and analysis as to the environmental consequences of the Modified Project.
That the City Council of the City of San Clemente hereby adopts the Addendum and directs the filing of an appropriate Notice of Determination with the County Clerk.
That after considering the Addendum to the Final EIS/EIR, the City Council hereby finds that pursuant to Section 15092 of the CEQA Guidelines, approval of the Modified Project will result in significant effects on the environment; however, the City eliminated of substantially lessened these significant effects where feasible, and has determined that the remaining significant effects are found to be unavoidable under Section 15091 and acceptable under Section 15093.
That the City Manager, or his designee, is authorized and directed to enter into a State Lands Lease Amendment, in a form substantially similar to that presented to the City Council on March 19, 2024, for the Modified Project with the California State Lands Commission to support the use of a second borrow site which is necessary to implement the purpose and intent of this Resolution.
That City staff is authorized and directed to take such actions as are necessary or proper to fulfill the purpose and intent of this Resolution and/or proceed with the Modified Project.
That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this 19th day of March, 2024.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-37 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
4890-6752-0111 v4
Resolution No. 24-37 Page 2
ATTACHMENT 1