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HomeMy WebLinkAboutRES 92-43RESOLUTION NO. 92_43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN OF THE CITY OF DIAMOND BAR AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS. A. Recitals. (i) The City of Diamond Bar initiated proceedings to adopt a General Plan for the City of Diamond Bar pursuant to the provisions of Title 7, Division 1 of the California Government Code, §§ 65360 and 65361. (ii) An Environmental Impact Report ("EIR" hereinafter) has been prepared to address the environmental effects, mitigation measures and project alternatives in accordance with the requirements of the California Environmental Quality Act (CEQA). (iii) Pursuant to Division 6 of Article 14, § 15087 of the California Code of Regulations, a 45 day review period was provided to all affected agencies for review of the draft EIR. (iv) Written comments on the General Plan's draft EIR were received during said review period and have been responded to through the "Response to Comments" contained in the Final EIR submitted to the City Council. (v) The Planning Commission of the City of Diamond Bar, conducted duly noticed study sessions on July 22, August 12 and August 26, 1991 to consider and receive public testimony with 1 respect to the draft EIR prepared for the General Plan. The Planning Commission conducted duly noticed public hearings, 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. (vi) The Planning Commission reviewed all environmental documentation comprising the -draft EIR and found that the documents consider all environmental effects of the proposed General Plan, that they are complete and adequate, and that they fully comply with all requirements of CEQA and the associated guidelines. (vii) on June 8, 1992, the Planning Commission recommended to this City Council that draft EIR be certified as complete and adequate. (viii) On June 9, June 16, June 23, June 30, July 7 and July 14, 1992, the City Council of the City of Diamond Bar conducted duly noticed public hearings to consider and receive public testimony regarding the draft and final EIR. (ix) All legal prerequisites 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: 2 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution, are true and correct. 2. The City Council certifies that the Environmental Impact Report prepared with regard to the City of Diamond Bar General Plan was completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, the City Council has reviewed and considered the information contained in said Environmental Impact Report and that said Environmental Impact Report reflects the independent judgment of the City of Diamond Bar. 3. This City Council finds that the Final EIR has identified all significant environmental effects of the proposed General Plan and that there are no known potential environmental impacts not addressed in the Final EIR. 4. This City Council finds that the Final EIR has described all reasonable alternatives to the proposed General Plan. Further, this City Council finds that a good faith effort was made to incorporate alternatives in the preparation of the Draft EIR and all reasonable alternatives were considered in the review process of the Final EIR and ultimate decisions on the proposed General Plan. 5. This City Council finds that although the Final EIR identifies certain significant environmental effects that will result if the proposed General Plan is adopted, all significant effects that can feasibly be mitigated or avoided 3 have been reduced to the extent feasible by the imposition of mitigation measui-es contained within the Final EIR and Mitigation Monitoring Plan. 6. This City Council finds that the unavoidable significant impacts of the proposed General Plan, as identified in the Final EIR, that have not been reduced to a level of insignificance have been substantially reduced in their impacts by the imposition of mitigation measures contained in the Final EIR and Mitigation Monitoring Plan. This Council finds that the remaining unavoidable significant impacts are clearly outweighed by the economic, social and other benefits of the proposed General Plan, as set forth in the Statement of Overriding Considerations. 7. This City Council finds that all significant effects of the proposed General Plan are set forth in the Statement of Overriding Considerations. 8. This City Council hereby adopts the following Statement of Overriding Considerations: A. To the extent that the Diamond Har General Plan (hereinafter sometimes referred to as "the Plan") allows the occurrence of significant effects identified in the Final Environmental Impact Report without full mitigation measures, 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. 4 The Final Environmental Impact Report identifies the following unavoidable adverse impact which may occur upon implementation of the Plan: (i) Biological Resources: (a) Loss of vegetation and wildlife displaced from potential development areas. (b) Potential removal of woodlands and riparian brush. (ii) Transportation/Circulation: Contribution to the local and area -wide need for expanded transportation systems. (iii) Air Quality: (a) Short-term air quality impacts associated with the construction phases of development (e.g., construction equipment, emissions, etc.). (b) Long-term stationary and mobile source air emission increases. (iv) Acoustic Environment: (a) Short-term acoustic impacts during grading, infrastructure installation and building construction. (b) Long-term acoustic impacts occurring from increased traffic and urban activities. (v) Land Use: Potential alternation of open space and agricultural lands within the City. (vi) Public Services and Facilities: Increased demands on fire, police protection, schools, libraries, 5 health services, solid waste disposal and telephone services; increased consumiation of water and energy supplies; and increased waste -water generation/treatment demands. B. The economic, ecological and social reasons which support the adoption of the Plan and which make infeasible the Plan alternatives described in the Final Environmental Impact Report are set forth below: (i) The Plan will provide for a community with a balance of land uses and a range of residential housing types. (ii) The 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 Plan provides a superior ability to preserve the significant natural resources of the City and its sphere of influence and will enhance the protection of visually sensitive areas. (iv) The 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. 6 (v) The 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 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 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 to an equitable fashion. (viii) Each alternative analyzed in the Final Environmental Impact Report, including the "no project" alternative, produce unavoidable adverse impacts. The Plan is superior to each of the alternatives presented, including the "no project" alternative, in that it minimizes such unavoidable 7 adverse impacts throughout the City and its sphere of influence to the extent feasible. C. The City Council finds that facts supporting the above-specified findings are contained in the Final Environmental Impact Report, the General Plan text, and the information provided to this Council during the public hearing conducted with respect to the General Plan and the Final Environmental Impact Report. Mitigation measures, including a Mitigation Monitoring Program, are made a condition of approval of said General Plan and are intended to mitigate and/or avoid the significant environmental effects identified in the Final Environmental Impact Report. The 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 General Plan standards, guidelines and regulations. 9. This City Council hereby specifically finds and determines that, based upon the findings set forth in Section 5, above, and changes and alterations which have been incorporated into the Plan, the adverse environmental effects of the Plan are acceptabla. 10. This City Council hereby adopts the Mitigation Monitoring Plan contained in the Final EIR. 11. The City Clerk shall certify to the adoption of this Resolution. 8 ADOPTED AND APPROVED this 14th day of July, 1992. Vayjdn, Mayor I, LYNDA BURGESS, 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 14th day of July, 1992 by the following vote: AYES: COUNCIL MEMBERS: Forbinq, miller, Werner, MPT/Paper and M/Kin NOES: COUNCIL MEMBERS: Bone ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None Attest:_ City_ erk, City of . Amend }. ar N1loll 1CCIDWS Ds 9