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HomeMy WebLinkAboutRES 95-20RESOLUTION NO. 95-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR INCORPORATING RESOLUTION NO. 92-43 BY REFERENCE AND CERTIFYING THE ADEQUACY OF THE ADDENDUM TO THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT AND MAKING FINDINGS THEREON PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. A. Recitals. (i) The City of Diamond Bar previously initiated proceedings to adopt a general plan (111992 General Plan") pursuant to Title 7, Division 1 of the California Government Code Sections 65360 and 65361. (ii) Pursuant to the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder ("CEQA"), a Draft and Final Environmental Impact Report was prepared and considered to address the environmental effects of the 1992 General Plan, the mitigation measures related to each significant environmental effect of the 1992 General Plan, the project alternatives and a mitigation monitoring program. (iii) Pursuant to Section 15087 of the California --- Code of Regulations, a 45 day comment period was provided to all affected agencies for review of the Draft Environmental Impact Report. Written comments were received and were responded to in the "Response to Comments" contained in the Final Environmental Impact Report. (iv) The Planning Commission conducted duly noticed study sessions on July 22, August 12 and August 26, 1991 to consider and receive public testimony with respect to the Draft Environmental Impact Report prepared for the 1992 General Plan. The Planning Commission conducted duly noticed public hearings with respect to the Draft Environmental Impact Report where it received public testimony and duly considered all testimony on September 9 and September 23, 1991 and on April 13, April 20, April 27, May 4, May 11, May 18, May 21, May 26, May 28, June 1 and June 8, 1992. (v) The Planning Commission reviewed all environmental documentation comprising the Draft Environmental Impact Report and found that the documents considered all environmental effects of the 1992 General Plan, that they were complete and adequate, and that they fully complied with all requirements of CEQA. (vi) On June 8, 1992 the Planning Commission recommended to the City Council that the Draft Environmental Impact Report be certified as complete and adequate. On June 9, June 26, June 30, July 7 and July 14, 1992, the City Council conducted duly noticed public hearings to consider and receive public testimony regarding the Draft and Final Environmental Impact Report. 1 (vii) On July 14, 1992 the City Council adopted Resolution No. 92-44 adopting the 1992 General Plan and adopted Resolution 92-43 certifying the Final Environmental Impact Report for the 1992 General Plan. (viii) On or about August 10, 1992, a referendum petition seeking the repeal of Resolution No. 92-44 was submitted to the City Clerk of the City of Diamond Bar. The City Clerk certified the sufficiency of the signatures on the referendum petition pursuant to a court order and presented such certification to the City Council. On March 16, 1993 Resolution No. 92-44 was repealed. (ix) In March of 1993 the City Council directed the retention of a consultant team to develop a new general plan (111993 General Plan"). Opportunities for public participation were provided throughout the program of creating the 1993 General Plan. Five community workshops were held with City residents to identify key planning issues and to discuss potential general plan policy options. The results of those workshops were summarized and forwarded to the City Council for its consideration. (x) On May 19, 1993, the City Council began the public hearing process to adopt a general plan. The City Council held duly noticed public hearings on May 19, 1993, May 26, 1993, June 2, 199311 June 9, 1993 and June 16, 1993 whereby public testimony was received with respect to all elements of the draft 1993 General Plan. (xi) Because substantial modifications to the draft 1993 General Plan were being considered, the City Council, pursuant to Government Code Section 65356, referred the review of the draft 1993 General Plan to the Diamond Bar Planning Commission for its recommendations. On June 23, 1993 the Planning Commission held a study session to consider the draft 1993 General Plan. On June 28, 1993 the Planning Commission conducted a duly noticed public hearing to consider and receive public testimony on the draft 1993 General Plan. The Planning Commission considered all the evidence presented and submitted a written recommendation to the City Council to adopt the draft 1993 General Plan, with various modifications. (xii) On June 29, July 6, July 13, July 20 and July 27, 1993 the City Council conducted additional duly noticed public hearings. In the course of these public hearings, the City Council received and deliberated upon written and oral testimony from members of the public, City staff, State agencies, local agencies, consultants, and Commissions of the City. I (xiii) The Final Environmental Impact Report previously prepared and certified adequately addresses all of the significant environmental impacts associated with the 1995 General Plan. Therefore, an Addendum was prepared and considered in accordance with CEQA. The City Council considered the information contained in the Final Environmental Impact Report and the Addendum thereto prior to approval of the 1995 General Plan. Further, the mitigation measures contained in the Final Environmental Impact Report which was prepared in connection with the 1992 General Plan remain current and valid and a revised —' Mitigation Monitoring Program ("Mitigation Monitoring Program") is hereby made a part of the Final Environmental Impact Report for the 1995 General Plan to ensure implementation of the mitigation measures identified in the Final Environmental Impact Report. (xiv In its review of the 1995 General Plan, the Final Environmental Impact Report and the Addendum, the City Council fully considered the impacts upon landforms and topography, earth resources and seismicity, drainage and flood control, biological resources, crime and prevention services, fire hazards and protective services, health and emergency services, hazardous materials, recreation and open space, land use, air quality, noise, cultural resources, socioeconomics (housing), energy systems, circulation/transportation, educational services, water, wastewater, and solid waste associated with the further development of the City in accordance with the goals, policies and programs as more fully detailed in the 1995 General Plan. (xvi)-All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Diamond Bar, as follows: 1. The City Council of the City of Diamond Bar hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct and are hereby incorporated into the body of this Resolution by reference. 2. The Final Environmental Impact Report, prepared pursuant to CEQA, and certified and adopted in Resolution No. 92- 43 on July 14, 1992, is hereby incorporated herein by this reference as though set forth in full in connection with the 1995 General Plan. The Addendum, prepared pursuant to CEQA, is hereby made a part of the Final Environmental Impact Report and is hereby certified and adopted by this City Council in connection with the 1995 General Plan. The environmental findings made in Resolution No. 92-43 and additional environmental findings, attached hereto as Exhibit "A," are hereby incorporated by this reference and adopted. 3 3. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 9th day of May , 1995 Mayor I, TOMMYE A. NICE, Deputy City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 9th day may , 1995, by the following vote: AYES: COUNCIL MEMBERS: Miller, MPT/Werner, M/Papen NOES: i COUNCIL MEMBERS: Ansari, Harmony ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST Tommye Nice, Deputy City Clerk City of Diamond Bar 4 EXHIBIT A 1. The City Council finds that the Final Environmental Impact Report was certified as being completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder by Resolution 92-43, adopted on July 14, 1992. The Addendum to the Final Environmental Impact Report, prepared in connection with the adoption of the City of Diamond Bar 1995 General Plan, was completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, and is hereby made a part of the Final Environmental Impact Report. The City Council has reviewed and considered the information contained in the Final Environmental Impact Report and Addendum and the Final Environmental Impact Report and Addendum reflect the independent judgment of the City of Diamond Bar. 2. This City Council finds that the Final Environmental Impact Report and Addendum have identified all significant environmental effects of the 1995 General Plan and that there are no known potential environmental impacts not addressed in the Final Environmental Impact Report and Addendum. This City Council further finds that the Final Environmental Impact Report and Addendum identify significant individual and cumulative environmental effects of the project in regard to landforms and topography, earth resources and seismicity, drainage and flood control, biological resources, crime and prevention services, fire hazards and protective services, health and emergency services, hazardous materials, recreation and open space, land use, air quality, noise, cultural resources, (95-20) Exhibit A - Page 1 socioeconomics (housing), energy systems, circulation/ transportation, educational services, water, wastewater, and solid -- waste. The City Council finds that the Final Environmental Impact Report and Addendum identify all feasible mitigation measures for these impacts. it 3. The City Council finds that in response to each significant effect identified in the Final Environmental Impact Report and Addendum and listed in Section 2, changes or alterations have been required in, or incorporated into, the General Plan which avoid or substantially lessen the significant individual and cumulative environmental effects identified in the Final Environmental Impact Report and Addendum. 4. This City Council finds that the Final Environmental Impact Report and Addendum have described a range of reasonable alternatives to the 1995 General Plan which could feasibly obtain the basic objectives of the General Plan. Further, this city Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft Environmental Impact Report and a range of reasonable alternatives were considered in the review process of the Final Environmental Impact Report and Addendum and ultimate decisions on the 1995 General Plan. The City Council has evaluated the comparative merits of the alternatives and rejected them as infeasible for economic, social or other considerations as set forth in Section 6 of this Resolution, or because such alternatives are not, as a whole, more environmentally protective than the proposed 1995 General Plan. 5. This City Council finds that although the Final Environmental Impact Report and Addendum identify certain (95-20) Exhibit A - Page 2 significant unavoidable environmental effects that will result if the 1995 General Plan is adopted, all significant effects that can feasibly be mitigated or avoided have been reduced to the extent feasible by the imposition of mitigation measures contained within the Final Environmental Impact Report and Addendum and the Mitigation Monitoring Program and the social, economic and other benefits of the project outweigh those unavoidable impacts. Therefore, the City Council finds that the unavoidable environmental impacts of the 1995 General Plan are acceptable when balanced against the benefits of the project. 6. This City Council hereby adopts the following Statement of Overriding considerations: (a) The City Council finds that while changes or alterations have been required in, or incorporated into the 1993 General Plan which substantially lessen the significant environmental effects as identified in the Final Environmental Impact Report and Addendum, these effects cannot be totally avoided or reduced to a level of insignificance if the project is implemented. (b) To the extent that the 1995 Diamond Bar General Plan allows the occurrence of significant effects identified in the Final Environmental Impact Report and Addendum which cannot be totally avoided or reduced to a level of insignificance, the City Council has identified specific economic, ecological, and social reasons to support its action which make infeasible the project alternatives described in the Final Environmental Impact Report and Addendum. Although the City Council found in Resolution 9243 that the impacts from implementation of the 1992 General Plan on (95-20) Exhibit A - Page 3 biological resources, circulation/transportation, air quality, acoustic environment, land use, and public services and facilities may be unavoidable adverse impacts, the city council now finds, based on the Final Environmental Impact Report and the Addendum, that the following unavoidable adverse impacts may occur upon implementation of the 1995 General Plan: (i) Air Quality: a. Short-term air quality impacts .associated with the construction phases of development such as from fugitive dust and construction equipment. ib. Long-term stationary and mobile source air emission increases." (c) The economic, ecological and social reasons which support the adoption of the 1995 General Plan and which make infeasible the alternatives described in the Final Environmental Impact Report are set forth below: j (i) The 1995 General Plan will provide for a community with a balance of land uses and a range of residential housing types. (ii) The 1995 General Plan is superior to the proposed alternatives, including the "no project" alternative, in that it promotes an environmentally and visually sensitive pattern of growth, provides for an environmental balance between development and identified natural resources and promotes superior regulations for balancing the requirements of environmental preservation, safety and economic consideration. (iii) The 1993 General Plan provides a superior ability to preserve the (95-20) Exhibit A - Page 4 significant natural resources of the City and its sphere of influence and will enhance the protection of visually sensitive areas. (iv) The 1995 General Plan provides greater assurances than the alternatives proposed, including the "no project" alternative, that where development does occur in or adjacent to visually sensitive areas, such development will occur in a manner which minimizes effects upon resources. (v) The 1995 General Plan will assure that geologic and safety considerations influence the preparation of development plans and proposals and requires that such considerations are reflected in each development proposal, including requirements for architecture and site design which are sensitive to the topography and the significant natural resources of the City and its sphere of influence. (vi) The 1995 General Plan will encourage a safe and convenient system of circulation.and access which is responsive to local and regional considerations, and will provide adequate levels of public services, facilities and utilities which are properly sequenced to ensure that such necessary public services, facilities and utilities are in place in conjunction with development as it occurs in a manner superior to that which would be provided through the other alternatives, including the "no project" alternative. (vii) The 1995 General Plan will promote the establishment of adequate funding mechanisms in order to provide identified infrastructure and circulation improvements which will be required and will be implemented in an equitable (95-20) Exhibit A - Page 5 fashion. (viii) Each.alternative analyzed in the — Final Environmental Impact Report, including the "no project" alternative, produce unavoidable adverse impacts. The 19953 General Plan is superior to each of the alternatives presented, including the "no project" alternative, in that it minimizes such unavoidable adverse impacts throughout the City and its sphere of influence to the extent feasible. (d) The City Council finds that facts supporting the above-specified findings are contained in the Final Environmental Impact Report and Addendum, the 1995 General Plan text, and the information provided to this Council during the public hearings conducted with respect to the 1995 General Plan and the, Final Environmental Impact Report and Addendum. The mitigation measures which are contained in the Final Environmental I Impact Report and Addendum and the Mitigation Monitoring Program, are made a condition of approval of the 1995 General Plan and are intended to mitigate and/or avoid the significant environmental effects identified in the Final Environmental Impact Report and Addendum. The 1995 General Plan itself is a mitigation measure which is intended to mitigate or avoid the significant environmental effects of development which could otherwise occur without a planned, comprehensive approach such as the 1995 General Plan standards, guidelines and regulations. 7. This City Council hereby specifically finds and I determines that, based upon the findings set forth herein and ` changes and alterations which have been incorporated into the 1995 i General Plan, the adverse environmental effects of the 1993 General Plan are acceptable. k (95-20) Exhibit A - Page 6 f 8. This City Council hereby adopts the Mitigation Monitoring Program required by Public Resources Code Section 21081.8 and contained in the Final Environmental Impact Report as an integrated component of the 1995 General Plan and will be implemented accordingly. (95-20) Exhibit A - Page 7