Modify Approval of Conditional Use Permit #6222 and Mitigated Negative Declaration for the Arroyo Seco Canyon Project PUBLIC HEARING City Council July.

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Presentation transcript:

Modify Approval of Conditional Use Permit #6222 and Mitigated Negative Declaration for the Arroyo Seco Canyon Project PUBLIC HEARING City Council July 24, 2017 – Item 17

Arroyo Seco Canyon Project Project to repair/replace/enhance PWP’s water supply facilities Some elements related to recreation Initial Study/Mitigated Negative Declaration prepared per CEQA Jan. 7, 2015 - Conditional Use Permit and IS/MND adopted. March 4, 2015 - Decision upheld by Board of Zoning Appeals. June 1, 2015 - Appeals decision upheld by City Council.

Lawsuit Timeline July 2, 2015 – Spirit of the Sage and Project Soliton filed lawsuit against City to invalidate IS/MND approval. March 23, 2017 – LA Superior Court issued ruling that is partly unfavorable to City. June 26, 2017 – Court issued Judgment ordering City to invalidate approval of the CUP and MND for project elements related to increasing capacity to take water from the Arroyo for spreading.

Project Description Project Addresses 3 Areas in the Arroyo Seco: Area 1 – Headworks Area 2 – Diversion Structure/Intake Area 3 – Former JPL Parking Lot & Spreading Basins

Status of Project Elements Project Areas Rescinded Elements Approved Elements Area 1 --- All Area 2 Dam, Intake Road, slope reconstruction, temporary bridges Area 3 Certain new and expanded spreading basins Certain new basins, sedimentation structure, roadway, parking lot, restroom Project facilities associated with increasing capacity to take water may not proceed without a certified Environmental Impact Report. The EIR will analyze potentially significant effects of facilities on biological resources

Recommendation Consistent with the Judgment, rescind approval of the CUP and IS/MND for Project components found by the court to have been inadequately analyzed under CEQA. This leaves in place the CUP and IS/MND for all remaining project elements.