Pasadena Water and Power Modify Approval of Conditional

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Pasadena Water and Power Modify Approval of Conditional Use Permit #6222 and Mitigated Negative

Pasadena Water and Power 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 Pasadena Water and Power • Project to repair/replace/enhance PWP’s water

Arroyo Seco Canyon Project Pasadena Water and Power • 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. 2

Lawsuit Timeline Pasadena Water and Power • July 2, 2015 – Spirit of the

Lawsuit Timeline Pasadena Water and Power • 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. 3

Project Description Pasadena Water and Power Project Addresses 3 Areas in the Arroyo Seco:

Project Description Pasadena Water and Power Project Addresses 3 Areas in the Arroyo Seco: • Area 1 – Headworks • Area 2 – Diversion Structure/Intake • Area 3 – Former JPL Parking Lot & Spreading Basins 4

Status of Project Elements Pasadena Water and Power Project Areas Rescinded Elements Approved Elements

Status of Project Elements Pasadena Water and Power Project Areas Rescinded Elements Approved Elements Area 1 --- All Area 2 Dam, Intake Road, slope reconstruction, temporary bridges Area 3 Certain new and expanded Certain new basins, spreading 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 5 effects of facilities on biological resources

Recommendation Pasadena Water and Power • Consistent with the Judgment, rescind approval of the

Recommendation Pasadena Water and Power • 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. 6