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HomeMy WebLinkAbout09_078 CC ResolutionRESOLUTION NO. 09-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE WESTERN BYPASS BRIDGE PROJECT (PW06-04) AND APPROVING THE PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural History. A. The Western Bypass Bridge Project (PW06-04) is identified within FY 2010-2014 Capital Improvement Program. On May 23, 2006 City Council approved a consultant agreement for the proposed project that provides preparation and development of the Environmental Document, Plans, Specifications, and Estimate. B. The Western Bypass Bridge Project (PW06-04) is a component of the future Western Bypass corridor. It will extend the Western Bypass from just west of its intersection with Old Town Front Street to Pujol Street. The proposed 288 foot bridge will span Murrieta Creek and provide four travel lanes and pedestrian access along both sides. Pujol Street will be extended approximately 1000 feet and serve as an interim connection for the Western Bypass as more specifically described in the Initial Study for the project ("Project"). Section 2. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project: A. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the approval of the Project. Based upon the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on June 10, 2009 and expired on July 09, 2009. Copies of the documents have been available for public review and inspection at the City Clerks' office, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. Four written communications were received prior to the September 8, 2009 public meeting on the Project and a response to all of the comments made therein was prepared, submitted to the City Council and incorporated into the administrative R:/Resos 2009IResos 09-78 record of the proceedings. One of the correspondences was a letter received from the State Clearinghouse and Planning Unit of the Governor's Office of Planning and Research documenting the City's circulation of the proposed Mitigated Negative Declaration to various State agencies for review as required by CEQA. D. The City Council has reviewed the Initial Study, Mitigated Negative Declaration, and Mitigation Measures, all documents in the administrative record, and all comments received regarding these documents prior to and at the September 8, 2009 public meeting on the Project. E. Based upon the whole record before it, the City Council finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. F. Based on the findings set forth in this Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for the Project. The Director of Public Works is authorized and directed to file a Notice of Determination in accordance with CEQA. Section 3. Approvals. The City Council hereby approves the Western Bypass Bridge Project (PW06-04) and authorizes the Director of Public Works to proceed with the preparation of Plans and Specifications for this Project. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of September, 2009. Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] R:/Resos 2009/Resos 09-78 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 09-78 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of September, 2009, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susan . Jones, MMC City Clerk R:/Resos 2009/Resos 09-78 3