EXHIBIT 2-E

 

FINDINGS RELATING TO ENACTMENT OF MPWMD ORDINANCE

NO. 109 TO FACILITATE FINANCING AND EXPANSION

OF THE CAWD/PBCSD RECYCLED WATER PROJECT

AND DETERMINING COMPLIANCEWITH THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)


           The Board of Directors of the Monterey Peninsula Water Management District (MPWMD) makes the following findings in support of its determination to enact Ordinance No. 109 to facilitate financing and expansion of the CAWD/PBCSD Recycled Water Project.  By adopting these findings, the Board determines that it has complied with requirements of the California Environmental Quality Act (CEQA) pursuant to California Public Resources Code section 21000, et seq.

 

I.                   Background.        

 

1.                  The CAWD/PBCSD Wastewater Reclamation Project as originally proposed was approved in 1989 (the “Original Project”).   The Original Project consisted of several discrete components, including: (a) new tertiary treatment facilities at the Carmel Area Wastewater District (“CAWD,” formerly known as the Carmel Sanitary District “CSD”),  (b) a distribution system and a storage tank to deliver and store the recycled water to and in Del Monte Forest, (c) irrigation systems on the golf courses and other vegetated areas in Del Monte Forest, and (d) financing of all costs of the project pursuant to MPWMD Ordinance No. 39 (the “Financing Plan”).  The wastewater treatment plant was designed to produce a minimum of 800 acre feet annually (“AF”) of recycled water suitable for golf course irrigation, which in turn freed up potable water use that had previously been used for irrigation purposes.  The Financing Plan was based on the grant and dedication, by MPWMD, of 380 AF of potable water (the “Water Entitlement”) that could be used to develop specific lands in the Del Monte Forest area of Monterey County.  The grant and dedication of the Water Entitlement was in return for the guarantee of the selected Fiscal Sponsor (Pebble Beach Company (“PBC”)) to pay the costs of the Original Project.

 

2.                  Prior to approval of the Original Project, a Final Environmental Impact Report (consisting of the CSD/PBCSD Wastewater Reclamation Project Draft EIR dated March 1989, the CSD/PBCSD Wastewater Reclamation Project Final EIR dated June 1989, and the supplemental materials provided thereto (the “Project EIR”)), was certified under the California Environmental Quality Act (“CEQA”) by CAWD, as the lead agency, on September 21, 1989.  The Project EIR was subsequently certified by the MPWMD, as a responsible agency, on October 3, 1989, in MPWMD Resolution No. 89-21 (the “Resolution”), as to the matters within MPWMD’s responsibility and jurisdiction.  The matters within the responsibility and jurisdiction of MPWMD were the consistency of the Original Project with the goals and objectives of MPWMD for the management and conservation of the water resources of the Monterey Peninsula, and the approval and implementation of the Financing Plan.

 

3.                  The Final EIR analyzed the growth inducing effects, and the resulting environmental effects from such induced growth, of the Financing Plan (i.e., from the granting of the Water Entitlement to PBC), which would allow new development in Del Monte Forest, where the constraint of water availability would otherwise inhibit such development.  The environmental effects, both site-specific within Del Monte Forest and on a cumulative basis of 900-1000 new residential units in Del Monte Forest and an incremental amount of commercial development, were evaluated in the Project EIR. 

 

II.                Present Status.

 

4.                  The facilities comprising the Original Project were constructed and completed as of 1994, and recycled water has been delivered for irrigation to the golf courses and other vegetated areas in Del Monte Forest since 1994.  In accordance with the Financing Plan, the Water Entitlement was granted by MPWMD to PBC, J. Lohr Properties, Inc. (“Lohr”), and the Hester Hyde Griffin Trust (“Griffin”) in the respective amounts of 365 AF to PBC, 10 AF to Lohr, and 5 AF to Griffin for use on and development of specific lands owned by them (referred to as the “Benefited Properties”), pursuant to the Wastewater Reclamation Project Fiscal Sponsorship Agreement between MPWMD and PBC dated as of October 3, 1989.[1]  Water Use Permits pursuant to MPWMD Rule 23.5 to evidence and memorialize the Water Entitlement were issued by MPWMD to PBC, Lohr, and Griffin in 1992.  Thus, the Water Entitlement has been fully dedicated and is presently available for use on and development of lands in Del Monte Forest as contemplated by the Project EIR.

 

5.                  With respect to PBC’s Water Entitlement, the Water Entitlement was granted and dedicated to various PBC-owned Benefited Properties in defined quantities and connections (initially as set forth in Exhibit A to the Resolution and now as provided by the Fiscal Sponsorship Agreement).  The Benefited Properties consist of undeveloped tracts of land designated and zoned “Residential” in the Monterey County Del Monte Forest Area Local Coastal Program (the “Del Monte Forest LCP,” certified by the California Coastal Commission under the California Coastal Act in 1985), and other property designated “Commercial” (Visitor Service, General, and Institutional) and “Open Space” (Recreational) under the Del Monte Forest LCP, and property designated “Commercial” under the Del Monte Forest LCP.  The majority of the quantities and connections of the Water Entitlement are presently dedicated to the Benefited Properties designated and zoned Residential.  However, under Ordinance No. 39 and the Fiscal Sponsorship Agreement, PBC has the right to reallocate its Water Entitlement among its Benefited Properties and to use the Water Entitlement on any of its Benefited Properties consistent with “planned uses.”  “Planned Uses” are considered to be those uses and development that are allowed under the Monterey County zoning regulations (including those of the Del Monte Forest LCP).  This is an existing right of PBC, and is not subject to modification without PBC’s consent.

 

6.                  Since approval of the Original Project in 1989, PBC has presented several proposals for development of its Benefited Properties.  PBC’s most recent proposal (approved as an amendment to the Del Monte Forest LCP by Monterey County voters in Measure A in 2000) reduces significantly the residential development at the densities allowed by the certified Del Monte Forest LCP from 890 to 38 units, reduces substantially the area to be developed (primarily by avoiding large tracts of presently undeveloped Monterey pine forest), and increases hotel rooms and resort and recreation facilities at existing and new facilities within the parameters examined by the Project EIR.  PBC has the right, as stated above, to reallocate its Water Entitlement to accomplish its current proposed plan (all of which proposed development would occur on PBC’s Benefited Properties).  The proposed amendments to the Del Monte Forest LCP have not, however, been certified yet by the California Coastal Commission.

 

III.                         Changes to the Original Project.

 

7.                  The Original Project has supplied substantial quantities of recycled water for irrigation, but it has not satisfied the Original Project objective because supplemental potable water beyond that contemplated by the Original Project has been needed to adequately supply the irrigation needs of the golf courses.  Improvements are now proposed to the Original Project that shall (a) provide advanced treatment facilities at the CAWD tertiary treatment plant to reduce the salinity of the recycled water; (b) provide 420 acre feet of additional storage of recycled water at the Forest Lake Reservoir in Del Monte Forest; and (c) provide a plan to finance the foregoing improvements to the Original Project.  The proposed financing plan allows PBC to sell and convey a portion of its Water Entitlement for use on other lands in Del Monte Forest, and to dedicate the consideration received from the sale and conveyance of that portion of the PBC Water Entitlement to the costs of the proposed improvements to the Original Project and, secondarily, to the costs of the Original Project.  The physical components of the improvements to the Original Project described above are referred to herein as the “Project Expansion,” and the plan to finance the Project Expansion described above, referred to herein as the “Supplemental Financing Plan.”  The Supplemental Financing Plan is implemented through Ordinance No. 109, the proposed Supplemental Financing Agreement, the Agreement for Sale of Recycled Water, and the Supplemental Construction and Operation Agreement. 

 

IV.                         CEQA Requirements.

 

8.         California Public Resources Code section 21166, California Code of Regulations (the “CEQA Guidelines”) section 15162, and applicable case law provide that, where a subsequent discretionary approval is required for a project which has been approved and for which a final EIR has been certified as complete, no subsequent or supplemental EIR (or Negative Declaration) shall be required unless there are substantial changes to the project, or substantial changes with respect to the circumstances under which the project is being undertaken, or new information becomes available that was not known or could not have been known at the time the final EIR was certified, which indicate that the project will have new or more severe significant environmental impacts requiring major revisions to the previous EIR that were not considered in the previous EIR.

 

9.         The present proposal to provide improvements to the Original Project through the Project Expansion requires a discretionary approval by MPWMD under CEQA, but only with respect to the changes in the Original Project which are within the responsibility and jurisdiction of MPWMD.  The only change to the Original Project within the responsibility and jurisdiction of MPWMD is the Supplemental Financing Plan. 

 

V.                            Description of the Supplemental Financing Plan. 

 

10.       Under the Financing Plan, PBC was granted a dedication of 365 AF of potable water as the Water Entitlement, which is evidenced by a Water Use Permit, authorizing use on specific PBC-owned lands in Del Monte Forest and four lots immediately adjacent thereto.  Approximately 355 AF of the Water Entitlement remains unused.  Under the Financing Plan, PBC’s Water Entitlement can be transferred only among the Benefited Properties owned by PBC, Lohr, and Griffin.

 

11.       The Supplemental Financing Plan would authorize PBC to separately sell and convey, for consideration, portions of PBC’s existing Water Entitlement for dedication to property within the Del Monte Forest that is not owned by PBC as of the date that Ordinance No. 109 is adopted.  Any portion of the Water Entitlement thus conveyed may be used only on the specific property to which it is first dedicated following the conveyance, and the water must be put solely to Residential use through a Residential Connection (as those capitalized terms are defined in MPWMD Rule 11).  All of the proceeds from each of these separate conveyances will be applied exclusively to the costs of the Project Expansion and the Original Project as more specifically described in Ordinance No. 109.

 

12.       The Supplemental Financing Plan does not affect the right and ability of PBC to use and apply, on Benefited Properties owned by PBC, the amount of PBC’s Water Entitlement that is not separately sold and conveyed by PBC.  PBC will continue to have the right and ability to utilize its remaining Water Entitlement on any or all Benefited Properties owned by PBC as of the time that Ordinance No. 109 is adopted for any lawful use as determined by the appropriate jurisdiction with land use authority thereover, and to sell and convey a parcel of land that it owns together with a portion of PBC’s Water Entitlement.

 

13.       The effect of the Supplemental Financing Plan is to expand the locations in Del Monte Forest where residential development may occur using a portion of the Water Entitlement.  Primarily, it would allow vacant residential lots of record to be developed, and residential remodels on existing residential lots to occur.  This development is presently restricted because there is no water available from the California American Water Company (Cal-Am) system to serve such development.

 

VI.             CEQA Analysis.

 

14.                          The Project EIR analyzed the growth inducing effects, and the resulting environmental effects from such induced growth, from the granting of the Water Entitlement to PBC, which would remove the constraint of water unavailability for new development in Del Monte Forest.  This analysis is set forth in the Growth Inducement Section, commencing on page 112 of the Draft EIR, as modified beginning at page 30 of the Final EIR.

 

15.                          The Final EIR also analyzed the potential growth inducing effects of the freed up water (420 AF) not dedicated to the Fiscal Sponsor on a more general level, but that water has not been allocated by MPWMD.

 

16.                          Growth inducing environmental effects were evaluated by the Project EIR on the basis of building 1000 new residential units in Del Monte Forest on then undeveloped land owned by PBC and others, and an incremental amount of commercial development on land owned by PBC.  Approximately 890 of these units were in the coastal zone, and an additional 40 outside the coastal zone, on undeveloped land owned by PBC.  An additional 96 units were on undeveloped land owned by others in Del Monte Forest as referenced in Table 10 of Project Draft EIR, supplemented by pp. 30-33 of Project Final EIR.

 

17.                          The Project Draft EIR, at page 117, noted that “the 987 unit buildout does not include approximately 220 existing lots of record that are entitled to water from existing sources which could each accommodate a single-family residence.  As a part of the Del Monte Forest LCP, these lots are given priority use under the County’s existing water allocation program.  Therefore, potential buildout of existing lots of record are not included in this analysis.”  It is noted, however, that the Project EIR states that analysis of the Traffic Impacts includes the lots of record.

 

18.                          The Project EIR analyzed the variety of environmental effects that would or could occur from development of 1,000 new units in Del Monte Forest.  Included in the analysis were site-specific physical impacts, traffic, public service demands, and others.  The vast majority of the land scheduled for development and included in the analysis was land owned by PBC in the coastal zone in largely undeveloped tracts.

 

19.                          The Project EIR also included an analysis of the cumulative impacts associated with such development.  The cumulative impacts analysis addressed the impacts of 1000 new residential units in Del Monte Forest when added to specific proposed projects, and future development generally, in the Monterey Peninsula region.

 

20.                          The Supplemental Financing Plan will allow a portion of the residential development to take place at different locations in Del Monte Forest than were analyzed in the Project EIR.  By allowing separate conveyance of a portion of PBC’s existing Water Entitlement for residential use, the Supplemental Financing Plan will allow development for residential purposes of existing vacant lots of record (i.e., previously subdivided lots), and allow reconstruction or remodel of lots presently developed and put to residential use, thereby  intensifying  their water use. 

 

21.                          The map attached as Exhibit B to Ordinance No. 109 (the “Del Monte Forest Map”) shows Del Monte Forest with both the vacant residential lots of record and the Benefited Properties owned by PBC to which the Water Entitlement is presently dedicated highlighted.  There are presently 140 vacant residential lots of record and a greater number of existing developed residential lots in Del Monte Forest. 

 

22.                          The overall effect of the Supplemental Financing Plan is to reduce both the residential densities and the area of land to be developed in Del Monte Forest.  This is a consequence of several factors.  First, the vacant residential lots of record, as legally subdivided lots, already carry an entitlement to develop.  The only constraint to their development is lack of presently available water.  It must be assumed that, at some future time, additional potable water supplies will become available and (as provided in the Del Monte Forest LCP and Monterey County policy generally), such vacant lots will have a priority for such water over new subdivisions for their development.  Thus, the development of these vacant lots of record is not a matter of whether they will be developed, but only when.  This means that their density as a component of the overall buildout of Del Monte Forest is assured, and to the extent that a portion of PBC’s Water Entitlement is transferred to such lots the overall buildout density is not increased.  The potential residential density of PBC’s land is decreased, however, because to the extent the Water Entitlement is transferred it reduces PBC’s ability to newly subdivide and develop residential lots on PBC land that currently could be developed using a portion of the Water Entitlement.

 

23.                          Second, to the extent PBC’s Water Entitlement is transferred to existing developed residential lots for remodels or reconstruction, there will be no increase in residential density in Del Monte Forest because these existing developed residential lots are already included in Del Monte Forest’s residential density.  Again, however, such transfers will reduce PBC’s ability to newly subdivide and develop residential lots on its land, thereby decreasing the overall density of PBC’s land that currently could be developed using a portion of the Water Entitlement.

 

24.                          Third, the buildout of all of PBC’s Benefited Properties at the maximum densities of the Del Monte Forest LCP (as analyzed in the Project EIR) necessarily means and includes development of all of such PBC land.  As clearly illustrated on the Del Monte Forest Map, the land area of PBC’s Benefited Properties for which residential development is allowed substantially exceeds the land area of the other vacant residential lots of record.

VII.           Assessment of the Environmental Effects of the Supplemental Financing Plan Compared to the Environmental Effects Analyzed in the Project EIR.

 

25.                          The Project EIR stated, at page 118, that “construction of new residential units in the Del Monte Forest will result in site specific physical impacts, as well as increased traffic and public service demands.” The Project EIR evaluated these impacts at a level appropriate for the Original Project.  The analysis of the Project EIR, and an assessment of that analysis as it applies to the changes to the Original Project through the Supplemental Financing Plan, are set forth in the following paragraphs. 

 

26.                          With respect to Physical and Resource Impacts, the Project EIR stated, at page 120,

 

“Resources within the Del Monte Forest that are considered important include water quality, protection of trees and the existing forest, environmentally sensitive habitats, and scenic and visual resources.  Future development may impact these resources depending on location and density.  Alteration of the forest through tree removal or excavation could impact the soils, natural drainage system, and plant and animal habitats.  Sensitive habitats include the rare Monterey cypress and endangered Gown cypress forest communities, the endemic Monterey pine/Bishop pine association, remnants of the indigenous coastal sand dunes, riparian corridors, wetlands, and sites of rare and endangered plants and animals associated with these habitats.”

 

27.                          The Project EIR further addressed Physical and Resource Impacts, stating that “site specific development impacts . . . are difficult to predict in the absence of development plans.”  (Project EIR stated, at page 120.)  It pointed out, however, that the Del Monte Forest LCP – itself a plan complying with and certified under CEQA by the California Coastal Commission, as a certified regulatory agency under CEQA citations – and other Monterey County policies (including CEQA review for specific developments) require compliance with policies for “maximum protection of natural resources, especially water quality, environmentally sensitive habitat areas, forest resources, and scenic and visual resources.”

 

28.                          The Project EIR analysis was based for the most part on building 1000 residential units on 732 acres of vacant PBC land. Although not included in the analysis in the Project EIR of potential buildout of Del Monte Forest, the Project EIR assumed buildout of vacant lots of record upon the conclusion that they “are entitled to water from existing sources” and “are given priority use under the County’s existing water allocation program.”  (Project Draft EIR, p. 117).  That assumption has proven to be true, since the number of the vacant, undeveloped lots of record stated in the Project EIR (220) has been reduced to 140 at present, without development of any residential lots on PBC-owned land.  Development of the vacant lots of record was halted when it was determined that Cal-Am had no available water to provide service to the vacant lots of record remaining undeveloped.

 

29.                          As noted, the Supplemental Financing Plan results in both a reduction of the “buildout” density, and the actual land area that is susceptible of development, as each was analyzed in the Project EIR.  Further, the vacant residential lots of record and existing developed residential lots that may acquire a portion of PBC’s Water Entitlement are pocketed in existing developed neighborhoods where the Monterey pine forest and its habitat (or other resources) are already fragmented and isolated due to the immediately adjacent development, and to which roads, utilities, and drainage systems have already been extended.  By comparison, the PBC lands to which PBC’s Water Entitlement may currently be applied are primarily larger undeveloped tracts of Monterey pine forest and associated habitat (as is apparent from the Del Monte Forest LUP) without roads, utilities, and drainage systems.  Transfer of a portion of PBC’s Water Entitlement, which is now available for development of these tracts of PBC land, to vacant and existing developed residential lots will lessen the level of, and impacts from, development in Del Monte Forest analyzed in the Project EIR.  In particular, given the resources of the undeveloped PBC land compared to the lots of record, the reduction of the potential density of development on PBC’s land through transfer of a portion of PBC’s Water Entitlement will benefit the environment by shifting development to “infill” areas of lower resource value than the corresponding value that exists on PBC’s undeveloped land.

 

30.                          With respect to Traffic Impacts, the Project EIR analyzed impacts from development of Del Monte Forest based on the Goodrich Traffic Group Study of 1984 and an updated study by Barton Aschman Associates in 1989.  These studies were based on maximum development (including all lots of record) under the Del Monte Forest LCP, and cumulative conditions.

 

31.                          The conditions forecast by these traffic studies remain valid.  If anything, cumulative conditions are less because forecast development has been lessened or has not occurred.  Development of the lots of record through the Supplemental Financing Plan does not change the analysis of Traffic Impacts in the Project EIR.

 

32.                          With respect to Public Services, the Project EIR analyzed the impact on Sewer Service, Fire Protection, Police Services, and Schools based on the 1000 new units of residential development that would potentially be induced by the Project.  All services were found to be capable of being adequately provided.

 

33.                          Transfer of the Water Entitlement to allow development of existing vacant residential lots of record and existing developed residential lots does not affect the Project EIR analysis concerning Public Services.  As existing residential lots with an entitlement to development, these lots already have the right to demand Public Services at any time, a demand that must be satisfied.  Neither of these two types of lots can reasonably be placed in the category of “new” lots placing demand on these public services.  Therefore, there will be no additional service demands beyond those analyzed in the Project EIR.

 

34.                          With respect to Cumulative Impacts, the Project EIR addressed the cumulative impacts of development of 900-1000 units in Del Monte Forest when added to other potential development projects in nearby areas, and development planned in the Monterey Peninsula region generally.  Specifically, the Project EIR addressed cumulative impacts in the areas of Loss of Open Space/Agricultural Land, Traffic and Circulation, Air Quality, Erosion and Runoff, Public Services, and Energy.  Development of the vacant residential lots of record and additional development on existing residential lots does not affect the analysis of the Project EIR.  In fact, the reduction in densities from the Supplemental Financing Plan lessens cumulative impacts.

 

VIII.                Conclusions Concerning Changes to the Project.  

 

35.                          The change to the Project within the responsibility and jurisdiction of MPWMD is the authorization of the Supplemental Financing Plan, which will allow the existing dedicated Water Entitlement of PBC to be dedicated to and used in Del Monte Forest, for residential purposes, on land which exceeds that initially authorized by the Financing Plan.  This is a “change” to the project previously approved by MPWMD.

36.                          With respect to such change, the Board of Directors of the Monterey Peninsula Water Management District finds that:

            (a)        The change to the project is not “substantial” (as defined by CEQA), because it does not alter the fundamental objective of the Financing Plan to finance and support the Project through private funds (without the contribution of public funds).  It provides an additional financing vehicle to support the Original Project objectives, and allows residential development in Del Monte Forest as already contemplated by the Original Project approval.

 

            (b)        Irrespective of the change described in paragraph (a) above, the change (1) will not involve new or more severe significant environmental impacts; or (2) require major revisions to the previous EIR (the Project EIR) due to any new or more severe environmental impacts; and (3) all impacts due to the Supplemental Financing Plan have already been considered in the Project EIR.

 

IX.                          Analysis and Conclusions Concerning Changes in Circumstances and New Information. 

 

37.       There have been changes in the circumstances surrounding the implementation of the Original Project since it was approved in 1989, and there has been new information as would be expected over time.  Among these changes in circumstances and new information are the following:

 

(a)        PBC’s plans for development on PBC’s land in Del Monte Forest have changed;

 

(b)               The Original Project has not performed in the manner and to the extent contemplated in the Project EIR;

 

            (c)        Development on the Monterey Peninsula has proceeded; and,

 

(d)        Cal-Am has been limited in its ability to deliver potable water through California State Water Resources Control Board (SWRCB) Order 95-10.

 

38.              The changes in circumstances described in the previous paragraph are not substantial.  Neither those changed circumstances, nor new information, involve new or more severe significant environmental impacts requiring major revisions to the Project EIR not previously considered in the Project EIR, for the following reasons.

 

(a)                The changes in PBC’s plans call for a reduction of the development and areas analyzed in the Project EIR;

 

(b)        The objective of the Supplemental Financing Plan is to achieve the Original Project objective;

 

(c)        The cumulative development that has occurred is consistent with that forecast in the Project EIR.

 

(d)        While the SWRCB has limited Cal-Am’s production from the Carmel River System, it has specifically allowed production to accommodate the Water Entitlement.  In general, although circumstances have changed and new information has become available with respect to the Carmel River and its environs, these circumstances and information have no effect on the Project EIR analysis and do not indicate that the project will have new or different significant environmental effects.  The SWRCB already acknowledged the Water Entitlement of 380 AF (in Order 95-10, footnote 2, and other documentation), and this will not be exceeded.  The SWRCB’s action was based on the fact that the project, as a whole, benefits the Carmel River environment because recycled water use conserves Carmel River water use by substituting recycled water for irrigation.  The Supplemental Financing Plan confers additional benefit upon the Carmel River environment as improvements to the Original Project will further lessen reliance upon potable water for irrigation, thereby further reducing demand on the Carmel River System.

 

X.        Ultimate Findings and Conclusions.

 

39.       The maximum of 1000 units previously analyzed in the Project EIR will not be exceeded and the environmental effects evaluated in the Project EIR will not be new, or different, or more severe than those impacts already identified in the Project EIR.  In fact, it can be predicted that the environmental effects of the Supplemental Financing Plan will be less, particularly in the area of biological resources, since it shifts some residential development to already subdivided lots of record and away from presently unsubdivided tracts of undeveloped Monterey pine forest and associated habitat.  In addition, it will result in the conservation of additional potable water, by allowing the Original Project to achieve its project objective to eliminate potable water for irrigation of the golf courses and other vegetated areas in most cirumstances, and thereby reduce demand on the Carmel River system.

 

XI.       Other Approvals for the Project Expansion.

 

40.       MPWMD is not the lead agency for the physical improvements to the CAWD plant and the Forest Lake Reservoir comprising the Project Expansion.  It is noted, however, that PBCSD has already approved a Negative Declaration under CEQA for the Forest Lake Reservoir component (Final Expanded Initial Study, Phase II – CAWD/PBCSD Wastewater Reclamation Project, dated February 23, 1996 and Negative Declaration adopted in PBCSD Resolution No. 96-04 adopted February 23, 1996).  This initial study confirmed that the project as expanded would have no significant growth-inducing or cumulative impacts not already considered.

 

 

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[1] This agreement has been amended by several Technical Amendments to designate additional properties as “Benefited Properties” defined in the agreement, and as so amended, is referred to in these Findings as the “Fiscal Sponsorship Agreement.”