Resolution Sanitary Sewer Condition Assessment Repairs – Package 1 MND Page 1 of 3 Rev: 11/22/17
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA
ADOPTING A MITIGATED NEGATIVE DECLARATION, MAKING
FINDINGS WITH RESPECT THERETO, AND ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM FOR
THE SANITARY SEWER CONDITION ASSESSMENT REPAIRS –
PACKAGE 1 PROJECT
SCH# 2022120288 (Mitigated Negative Declaration)
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the City has proposed the Sanitary Sewer Condition Assessment Repairs – Package 1 Project (“Project”) which will construct sewer repairs at various locations; WHEREAS, in conformance with CEQA, the MND was noticed and circulated for a 30-day public review period from December 14, 2022 to January 13, 2023 to the State Office of Planning and Research, Santa Clara County Clerk’s Office, and interested parties, and a Notice of Intent to Adopt the MND was published in the Santa Clara Weekly, a newspaper of general circulation, on December 14, 2022, where during that period comment le tters were received from Valley Water; along with the attached Consideration of Comments Received on th e MND are made part of the record;
WHEREAS, the City Council held a duly noticed public meeting on April 18, 2023 to consider the MND and Mitigation Monitoring and Reporting Program (“MMRP”); WHEREAS, the City Council reviewed the MND prepared for the Project, City staff reports pertaining to the MND and all evidence received at the duly noticed public meeting on April 18, 2023. All of these documents and evidence are herein incorporated by reference into this Resolution;
WHEREAS, all potentially significant environmental effects associated with the Project, as approved, can either be substantially lessened or avoided through the inclusion of mitigation measures proposed in the MND; and
WHEREAS, the City Council, in reviewing the Project as proposed, intends to adopt all mitigation Resolution Sanitary Sewer Condition Assessment Repairs – Package 1 MND Page 2 of 3 Rev: 11/22/17
measures set forth in the MND.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. The City Council hereby finds that the above Recitals are true and correct and by this reference makes them a part hereof.
2. The City Council hereby finds that the MND has been completed in compliance with CEQA.
3. The City Council hereby finds, pursuant to California Code of Regulations, Title 14, Section 15074, that the Council has reviewed and considered the information and analysis contained in the MND before making its determination, that there is no substantial evidence that the Project will have a significant effect on the environment, and that the M ND reflects the Council’s independent judgment and analysis, and hereby adopts the MND.
4. The City Council hereby finds that the proposed mitigation measures described in the MND are feasible, and therefore will become binding upon the City and affected l andowners and their assigns or successors in interest when the Project is approved.
5. Pursuant to California Code of Regulations, Title 14, Section 15074(c), the City Council hereby designates the Director of Public Works as the Custodian of Records for t he Project, and the Public Works Division at City Hall, 1500 Warburton Avenue, Santa Clara, California, is the location of the documents and other material that constitute the record of proceedings upon which this decision is based.
6. That the City Council authorizes the City Manager or his/her designee to File a Notice of Determination.
7. In order to comply with Public Resources Code Section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program (MMRP) as attached and referenced herein. The Program is designed to ensure that, during project implementation, the City, affected landowners, their assigns and successors in interest and any other responsible parties Resolution Sanitary Sewer Condition Assessment Repairs – Package 1 MND Page 3 of 3 Rev: 11/22/17
comply with the feasible mitigation measures identified. The MMRP identifies, for each mitigation measure, the party responsible for implementation.
8. Effective date. This resolution shall become effective immediately.
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ___ DAY OF _________, 20 23, BY THE FOLLOWING VOTE:
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS:
ATTEST: ______________________________
NORA PIMENTEL, MMC
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
Attachments incorporated by reference:
1. Mitigated Negative Declaration (MND)
2. Mitigation and Monitoring Reporting Program
3. Consideration of Comments Received on the Mitigated Negative Declaration