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2 <br />0 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />PW <br />City Council Resolution No. R-73-18 <br />West Valley HCP — Amended and Restated Conservation Easement <br />July 17, 2018 — Page 2 of 2 <br />Conservation Easement is in compliance with the MOU between the City and the RLC, the <br />Endangered Species Act and implementing regulations, and all associated property transfer deeds <br />and agreements. <br />SECTION 2. The City Council reviewed an Environmental Assessment ("EA"), Finding <br />of No Significant Impact (FONSI), and all comments received and, based on the whole record <br />before it, determined: (i) that as Lead Agency under the California Environmental Quality Act <br />("CEQA"), the City of Colton used the EA prepared for the HCP as the CEQA Initial Study as <br />allowed pursuant to CEQA Guidelines Section 15221. On the basis of the findings of the EA, the <br />Lead Agency staff concluded that the project will not have a significant effect on the environment <br />and, therefore, prepared a draft Negative Declaration in compliance with CEQA; and (ii) <br />determined that there is no substantial evidence that the project will have a significant effect on the <br />environment. The City Council further determined that the Negative Declaration reflects the <br />independent judgment and analysis of the Lead Agency. On this basis, the City Council adopted <br />the Negative Declaration on February 3, 2015. The proposed Amended and Restated Conservation <br />Easement falls fully within the scope of the EA and Negative Declaration. <br />SECTION 3. The proposed Amended and Restated Conservation Easement is in <br />compliance with and implement provisions of the adopted HCP and Incidental Take Permit No. <br />TE4916413-0 including Special Terms and Conditions, <br />SECTION 3. Based upon the findings set forth herein, the City Council hereby approves <br />the Amended and Restated Conservation Easement for the West Valley HCP in favor of the Rivers <br />and Lands Conservancy. <br />PASSED, APPROVED AND ADOPTED this 17"' day of July, 2018. <br />ATTEST: <br />0 <br />CAROLINA R. PADILLA, City Clerk <br />RICHARD A. DELAROSA, Mayor <br />