BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Lower Penitencia Creek Improvements Project - Resolution Certifying the Final Environmental Impact Report, Adopting the Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations; and Approving the Project.
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RECOMMENDATION:
Recommendation
A. Consider the Potential Environmental Effects of the Lower Penitencia Creek Improvements Project (Project) as presented in the Final Environmental Impact Report (EIR);
B. Adopt the Resolution CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT, ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, FINDINGS OF FACT, AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE LOWER PENITENCIA CREEK IMPROVEMENTS PROJECT; and
C. Approve the Project.
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SUMMARY:
Background and Project Description
In December 2011, the District Board certified an EIR for the Lower Berryessa Creek Program which includes capital improvements to six program elements: (1) Lower Berryessa Creek; (2) Lower Calera Creek; (3) Upper Calera Creek element 1; (4) Upper Calera Creek element 2; (5) Tularcitos Creek; and (6) Lower Penitencia Creek. The 2011 EIR (State Clearinghouse Number 2007092084) evaluated environmental impacts of improvements to the Upper Calera Creek elements 1 and 2, Tularcitos Creek and Lower Penitencia Creek at a programmatic level because the specifics of their design and timing of implementation for these elements were not developed at the time. The District has now prepared a project specific Final EIR for the proposed improvements to the Lower Penitencia Creek element.
Lower Penitencia Creek is situated in the northeasterly portion of Santa Clara County within a developed area in the City of Milpitas. Two tributaries, Berryessa Creek and Penitencia East Channel, flow into Lower Penitencia Creek. Lower Penitencia Creek itself flows into Coyote Creek. The Project extends from the Lower Penitencia Creek/Coyote Creek confluence upstream...
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