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Home My WebLink AboutReso 2020-058 - Certifying the River Crossing Marketplace Final EIR report for General Plan Amendment RESOLUTION NO. 2020-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING CERTIFYING THE RIVER CROSSING MARKETPLACE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR GENERAL PLAN AMENDMENT APPLICATION GPA-2017-00067, REZONING APPLICATION RZ-2017-00063 AND SPECIFIC PLAN APPLICATION SP-2017-00082 WHEREAS,the City Council adopted the General Plan on October 3, 2000; and WHEREAS, several policies of said Plan direct the city to take actions to maintain and expand Redding's influence as a regional trade center and encourage proposals for major shopping, specialty retail and other facilities that are regional in scale and to satisfy the retail market by providing a range of site sizes and locations in the community which would be furthered by establishing the River Crossing Marketplace Specific Plan; and WHEREAS, California Government Code Sections 65450 through 65457 et. seq., authorizes cities to prepare and adopt specific plans as a tool in the implementation of their General Plans; and WHEREAS, a series of actions (Proposed Actions) is required to establish the River Crossing Marketplace Specific Plan, including: 1. General Plan Amendment GPA-2017-00067 to amend the General Plan Diagram from "Shopping Center" and "Residential, 6 to 10 units per acre" to "Regional Commercial"; and 2. Rezoning Application RZ-2017-00063, to rezone the 25-acre project area from "SC" Shopping Center District" and "RM-10", Residential Multiple Family District to "RC", Regional Commercial District, said Rezoning to be adopted by ordinance; and 3. Specific Plan Application SP-2017-00082, River Crossing Marketplace Specific Plan to establish the development regulations, standards, guidelines, site layout for the Specific Plan area, said plan to be adopted by ordinance; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Actions; and WHEREAS, the Project complies with the procedural requirements of the City's Tree Management Ordinance having identified tree species, mapped trees and groves of trees, assessed overall height, health and ecological and aesthetic quality of trees, and identified trees and groves of trees that may be considered worthy of preservation to the satisfaction of the City; and WHEREAS, Section 3.0 of Project's Findings of Fact and Statement of Overriding Considerations (CEQA Review and Public Participation), documents that the Draft EIR, Recirculated Draft EIRI, Recirculated Draft EIRII, and the Final EIR were prepared, noticed, distributed, and published in accordance with the CEQA Guidelines; and WHEREAS, the Planning Commission on May 22, 2018, prior to the end of the Draft EIR public review period, did conduct a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Redding Municipal Code, to solicit comments from agencies and the general public regarding topics of concern to be addressed in the Draft EIR; and WHEREAS, the Planning Commission on November 27, 2018, did conduct a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Redding Municipal Code, to receive and consider evidence and testimony concerning the contents and sufficiency of the Final EIR (dated November 2018), and based on comments received directed portions of the Draft EIR to be recirculated (referred to herein as RDEIRI); and WHEREAS, RDIERI was recirculated for public review from April 1, 2019, through May 30, 2019; and WHEREAS, the Planning Commission on July 23, 2019, did conduct a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Redding Municipal Code and adopted Planning Commission Resolution 2020- 01 recommending that the City Council (i) approve and adopt the Findings of Fact and Statement of Overriding Considerations, (ii) certify the Final EIR (dated July 2019), and (iii) approve and adopt the Mitigation Monitoring Program finding that the Final EIR satisfies all of the requirements of CEQA and are adequate to serve as the required environmental documentation for the Proposed Actions; and WHEREAS, the City Council at its meeting of August 6, 2019 having received information regarding an error made in the air quality modeling/analysis contained in the Draft EIR instructed staff to prepare and recirculate relevant portions of the Draft EIR (referred to herein as RDEIRII) and WHEREAS, RDEIRII was recirculated from December 23, 2019, through February 13, 2020; and WHEREAS, the Planning Commission on April 28, 2020, did conduct a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Redding Municipal Code, and heard and considered all factors relating to the Final EIR dated March 2020, including the staff report, the comments and recommendations received on the Draft EIR from persons, organizations and public agencies that submitted comments on the Draft EIR, the responses of the City, as lead agency, to significant points raised in the review and consultation process concerning the contents and sufficiency of the Final EIR (dated March 2020); and WHEREAS, the City Council on May 19, 2020, did conduct a public hearing, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Redding Municipal Code, to consider the Planning Commission's recommendation to certify the Final Environmental Impact Report, approve and adopt the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring Program, and heard and considered all factors relating to the Final EIR, including the staff report, the comments and recommendations received on the Draft EIR from persons, organizations and public agencies that submitted comments on the Draft EIR, the responses of the City, as lead agency, to significant points raised in the review and consultation process concerning the contents and sufficiency of the Final EIR; and WHEREAS, at said public hearing, the City Council considered all significant impacts, mitigation measures, and Project alternatives identified in the Final EIR and found that all potentially significant impacts of the Project have been lessened or avoided to the extent feasible; and WHEREAS, CEQA and the CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed that identifies one or more significant effects of the project unless the public agency makes certain written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and WHEREAS, pursuant to CEQA Guidelines Section 15091, 15093, and 15097, the City of Redding has prepared Findings of Fact and Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; and WHEREAS, the City Council has balanced the benefits of the Project against its unavoidable environmental risks in making its determination on this Project as necessary to serve the existing and future needs of the City of Redding, has analyzed the information submitted by staff and considered any written and oral comments received at the public hearing, including all factors relating to the Project and has determined that any remaining unavoidable significant impacts are outweighed by specific economic, legal, social, or other benefits of the Project; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Redding, in its independent judgment, hereby finds that: SECTION 1. The foregoing recitations are true and correct and are incorporated herein by this reference as though set forth in full. SECTION 2. The Final EIR provides good-faith disclosure of available information on the Project and all reasonable and feasible alternatives thereto. SECTION 3. The information provided in the various reports submitted in connection with the Project and in the responses to comments on the Draft EIR and the Recirculated Draft EIRs, and the evidence presented in written and oral testimony at public hearings on the Project, do not constitute significant new information that requires recirculation of the EIR pursuant to Public Resources Code Section 21092.1 and CEQA Guidelines Section 15088.5. SECTION 4. The City Council finds and determines that the applicable provisions of CEQA and the CEQA Guidelines have been duly observed in conjunction with said hearing and the considerations of this matter and all of the previous proceedings related thereto. SECTION 5. The City Council finds and determines that (a) the Final EIR is complete and adequate in scope and has been completed in compliance with CEQA and the CEQA Guidelines for implementation thereof, (b) the Final EIR was presented to the City Council, and the City Council has fully reviewed and considered the information in the Final EIR prior to approving the Project, (c) the Final EIR reflects the City Council's independent judgment and analysis, and, based on substantial evidence in the record therefore, the Final EIR is hereby declared to be certified. SECTION 6. The City Council hereby approves and adopts the Findings of Fact and Statement of Overriding Considerations and the Mitigation Monitoring Program which are appended hereto and made a part hereof by this reference. SECTION 7. This action is final on the date this resolution is adopted by the City Council and shall take effect on the thirtieth calendar day after the City Clerk attests this resolution. Time limits for judicial review, as governed by Public Resources Code Section 21167, shall apply. SECTION 8. Pursuant to Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section 15091(e), all documents and other materials which constitute the record of proceedings are located at the City of Redding City Hall. The City Clerk, whose office is located at 777 Cypress Avenue, Redding California 96001, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council's decision is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act. I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the City Council of the City of Redding on the 19th day of May, 2020, by the following vote: AYES: COUNCIL MEMBERS: Dacquisto,Resner,Schreder,Winter and McElvain NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ADAM McELVAIN, Mayor ATTEST: FORM APPROVED: j AMELA MINE, .,qty Clerk BARRY E. De ALT, City Attorney