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The Honorable Board of Supervisors
June 2, 2004
Page 9

The Consent Decree and approval documents presented with the Board letter provide that the
County determines that the original traffic methodology used to analyze Project impacts upon
Soledad Canyon Road is supported by substantial evidence and adequately addresses those
impacts even if the later proposed methodology proffered by DPW would also have been a
valid approach. The Director of Public Works has advised that although he continues to prefer
the later suggested methodology, both methodologies are within the realm of reasonable
traffic engineering methodologies.

In any event, in approving the Consent Decree the federal court concluded that additional
environmental analysis and recirculation to address this traffic issue, or any other
environmental issue, is pre-empted under federal law.

The CEQA Findings of Fact (Exhibit A) also address recent additional letters submitted by the
South Coast Air Quality Management District and the California Department of Fish and
Game, suggesting that significant new information relating to air quality and the arroyo toad
requires that the Project FEIR be recirculated. The CEQA Findings conclude that no such new
information was presented by those letters, and that the FEIR has already adequately
addressed Project air quality and biotic impacts.

Finally, during the federal court's consideration of the Consent Decree on May 3, 2004,
Santa Clarita contended that the recent release of a "proposed" designation by the
United States Fish and Wildlife Service of a portion of the Project site as critical habitat for the
arroyo toad constituted significant new information under CEQA requiring recirculation of the
FEIR. In light of the fact that the proposed designation is not final and that the FEIR already
fully addresses the actual existence of the toad on the subject property and the FEIR adopts
all feasible mitigation measures regarding the toad and its habitat, this argument was rejected
by the federal court.

County staff has independently analyzed a letter recently submitted by Cemex, concluding that
the proposed critical habitat designation is not significant new information, and therefore, does
not trigger recirculation of the FEIR pursuant to State CEQA Guidelines section 5088.5.
County staff agrees that the proposed designation, even if it were to become a final
designation, does not constitute significant new information and recirculation of the FEIR is not
required. Accordingly, County staff recommends that your Board adopt the finding set forth in
the recommendation section of this board letter that the proposed designation of critical
habitat for the arroyo toad does not constitute significant new information and does not trigger
recirculation of the FEIR. County staff bases its conclusion on the following:

HOA2367561