To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Rodeo Renewed Revised EIR (County File CDLP20-02040)
?Recommendation of the County Administrator ? Recommendation of Board Committee
RECOMMENDATIONS:
1. CERTIFY that the Final Revised Environmental Impact Report for the Phillips 66 Rodeo Renewed Project (State Clearinghouse #2020120330) was completed in compliance with the California Environmental Quality Act (CEQA), was reviewed and considered by the Board of Supervisors in connection with project approval, was completed in compliance with the Contra Costa County Superior Court's July 21, 2023 statement of decision and August 23, 2023 peremptory writ of mandate, and reflects the County's independent judgment and analysis.
2. ADOPT the CEQA findings for the project.
3. ADOPT the Mitigation Monitoring and Reporting Program for the project.
4. ADOPT the statement of overriding considerations for the project.
5. ACKNOWLEDGE that: the Board of Supervisors approved the project when it approved the land use permit (CDLP# 2020120330; the "LUP") on May 3, 2022; the Superior Court did not rescind, modify, or invalidate the LUP; and the LUP remains in effect.
6. DIRECT the Department of Conservation and Development to file a CEQA Notice of Determination with the County Clerk and the State Clearinghouse.
7. SPECIFY that the Department of Conservation and Development, located at 30 Muir Road, Martinez, CA, is the custodian of the documents and other material which constitute the record of proceedings upon which the decision of the Board of Supervisors is based.
8. AUTHORIZE the County Counsel, or designee, to file a return to the peremptory writ of mandate issued in Communities for a Better Environment, et al. v. Contra Costa County, et al., Contra Costa County Superior Court Case No. N22-1080, and to request that the Court discharge the writ.
FISCAL IMPACT:
The applicant has paid the necessary application deposit and...
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