CC - 2008-66 - Certifying the Draft Final EIR Report, Adopting Mitigation Monitoring and Reporting ProgramCC RESOLUTION 2008-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, CERTIFYING THE DRAFT FINAL
ENVIRONMENTAL IMPACT REPORT, ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM, AND ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS FOR THE ROSEMEAD GENERAL PLAN PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND ADOPTING THE ROSEMEAD
GENERAL PLAN
WHEREAS, the City of Rosemead ("City") embarked on a comprehensive update of
its General Plan in 2003 to guide decision-making about land use, circulation, resource
management, public safety, noise, and the general quality of life in our City; and
WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public
Res. Code §§21000 et seq.) and State CEQA Guidelines (14 CCR §§15000 et seq.), the
City caused an Environmental Impact Report ("EIR") to be prepared for the Rosemead
General Plan ('Project') in order to analyze all potential adverse environmental impacts of
Project implementation; and
WHEREAS, the Public Hearing Draft of the General Plan and Draft Environmental
Impact Report (DEIR) were released for public review on July 31, 2008. The City has
received four comment letters from individuals and the San Gabriel and Lower Los
Angeles Rivers & Mountains Conservancy. Please note that all four letters address
General Plan policy and not the adequacy of the Draft Environmental Impact Report. The
Final EIR contains responses to those comments, as well as modifications to the text
based upon the comments and that those have been made available to the Council for its
review and consideration; and
WHEREAS, since public circulation of the Draft EIR, no significant new information
has been submitted pursuant to CEQA Guidelines §15088.5, and therefore recirculation of
the EIR is not required under CEQA, nor is a subsequent or supplemental EIR required
pursuant to Public Resources Code §21166; and
WHEREAS, the draft Final EIR identifies and discusses significant effects that may
occur as a result of the Project. With the implementation of the mitigation measures in the
draft Mitigation Monitoring and Reporting Program, these effects can be mitigated to below
levels of significance except for the unavoidable significant impacts to population and
housing, recreation, utilities and service systems: solid waste, transportation, and air
quality; and
WHEREAS, CEQA Guidelines §15093 requires that if the Project will cause
significant unavoidable adverse impacts, the City must adopt a Statement of Overriding
Considerations prior to approving the Project. A Statement of Overriding Considerations
states that any significant adverse project effects are accepted if expected project benefits
outweigh unavoidable adverse environmental impacts; and
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WHEREAS, the Planning Commission 'held' a duly noticed public hearing on
September 29, 2008 to consider the adoption of the General Plan, at which time all
persons wishing to testify in connection with the General Plan were heard; and
WHEREAS, on September 29, 2008, the Planning Commission of the City of
Rosemead, upon review and consideration of the information contained in the Draft EIR,
recommended adoption of the Draft EIR, adoption of environmental findings, a Mitigation
Monitoring and Reporting Program, a Statement of Overriding Considerations, and
recommended approval of the General Plan to the City Council; and
WHEREAS, the City Council held a duly noticed public hearing on October 14, 2008
to consider the adoption of the draft Final EIR, adoption of environmental findings, a
Mitigation Monitoring and Reporting Program, a Statement of Overriding' Considerations,
and adoption of the General Plan, at which time all persons wishing to testify in connection
with the General Plan were heard; and
WHEREAS, the City Council fully studied the proposed General Plan, draft Final
EIR, environmental findings, Mitigation Monitoring and Reporting Program, and Statement
of Overriding Considerations, and considered all public comments;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD
HEREBY FINDS, DECLARES, AND RECOMMENDS AS FOLLOWS:
Section I - CEQA Guidelines Section 15090 Findings. The City Council
hereby finds that:
1. The Final EIR has been completed in compliance with the California
Environmental Quality Act based on evidence presented in the staff report; and
2. The Final EIR was presented to the City Council and that the City Council
reviewed and considered the information contained in the Final EIR prior to
approving the project such that a City Council public hearing was held on
October 14. 2008.
3. The Final EIR reflects the lead agency's independent judgment and analysis in
that the EIR has been subject to comment and revision by City staff and reflects
the independent judgment of the Rosemead City Council.
Section 2 - CEQA Guidelines Section 15091 Findings. The City Council
declares that it has made a reasonable and good faith effort to eliminate or substantially
mitigate, through adoption of all feasible mitigation measures, all potential impacts that
may result from the Project. However, there are several areas in which there are
unavoidable significant impacts. These areas include population and housing,
transportation, recreation, air quality, and utilities and service systems: solid waste. CEQA
requires that the Council adopt at least one of the following three findings for each
unavoidable significant impact:
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1. Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the Final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such
other agency.
3. Specific economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the Final
EIR.
The following have been identified as unavoidable significant impacts:
Population and Housing - The General Plan has the potential to result in a
substantial population and housing unit increase in comparison to population and
housing growth projections at the local, sub-regional, and regional levels. Mitigation
measures PH-1 and PH-2 in the Mitigation Monitoring and Reporting Plan are
included to assist with coordination with regional policy makers; however, the
measures are not able to reduce the impacts to less than significant.
With regards to Population and Housing the City Council hereby adopts Finding No.
3.
Transportation - Implementation of the General Plan may result in a substantial
increase in traffic in relation to the existing traffic load and an individual or
cumulative level of service condition that exceeds standards established by the City.
Regional traffic growth and increased development intensities within the City will
result in increased through traffic volumes on Rosemead streets. While the
Circulation Element includes policies and physical roadway and control
improvements, that over time will improve service levels, the certainty and timing of
such cannot be established. Accordingly, the traffic impacts of General Plan
development will be significant and unavoidable.
While the General Plan has policies and programs that help minimize impacts, the
following impacts remain:
❑ Walnut Grove Ave. at Mission Dr, (a.m. and p.m. peak hours)
❑ Walnut Grove Ave. at Marshall St. (a.m. and p.m. peak hours)
❑ Rosemead Blvd. at Glendon Way (p.m. peak hour)
❑ Del Mar Ave. at Hellman Ave. (a.m. peak hour)
❑ New Ave. at Garvey Ave. (a.m. and p.m. peak hours)
❑ Del Mar Ave. at Garvey Ave. (p.m. peak hour)
❑ Walnut Grove Ave. at Garvey Ave. (a.m. and p.m. peak hours)
❑ San Gabriel Blvd. at SR-60 westbound ramps (a.m. and p.m. peak hours)
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That being said, the construction of new facilities and the acquisition of land will
take a concentrated effort by both city staff and local decision makers. At this time,
there is no guarantee that new facilities will be built. No feasible additional
measures are available to further mitigate impacts at the analyzed intersections.
With regards to Transportation the City Council hereby adopts Finding No. 3.
Recreation - Both the current and proposed General Plans note that the National
Parks and Recreation Association (NPRA) recommends 2.5 acres of parkland per
person and that the- Southern California Association of Governments (SCAG)
recommends 4 acres per person. The City currently provides 0.75 acres per person
and therefore has not yet met its goal of one acre per 1,000 people. The proposed
General Plan update anticipates an increase in population and coupled with the lack
of available land within the City, the issue of providing parkland will be exacerbated.
In order to meet the goal of one acre of parkland per 1,000 residents, the City will
need to acquire an additional 37.16 acres that can be used for public park and
recreation purposes. The lack of sufficient parks and recreation opportunities could
result in the accelerated deterioration of existing facilities due to potential overuse.
Additionally, the lack of adequate, local recreational facilities increases reliance on
the facilities of other jurisdictions that in turn could result in accelerated deterioration
of those facilities as well. The lack of available park and recreation facilities,
therefore, is considered a significant project-level and cumulative impact. Mitigation
measures R-1 and R-2 in the Mitigation Monitoring and Reporting Plan are included
to assist with coordination with regional policy makers; however, the measures are
not able to reduce the impacts to less than significant.
With regards to Recreation the City Council hereby adopts Finding No. 3.
Air Quality - With implementation of the identified General Plan policies and
implementation measures, short-term and long-term air quality impacts will be
reduced. However, the degree- to which these measures will reduce emissions
cannot be fully quantified. Cumulatively, emissions of all pollutant levels will
continue to exceed the SCAQMD threshold levels, although the cumulative
emissions of CO, VOG, and NOx are projected to decrease relative to current
levels. Emissions of PM10 and PM2.5 are projected to increase and continue to
exceed the SCAQMD threshold criteria for significance. Emissions of SOx are also
expected to increase, but not significantly. Commission of C02 will also increase.
Impacts associated with PM10 and PM2.5 emissions and cumulative impacts are
significant and unavoidable. GHG emissions will be reduced over the life of the
General Plan update. Therefore, impacts related to GHG emissions will be less than
significant. Impacts to sensitive receptors will be less than significant. Given the
extent of this project, impacts to air quality will be significant and unavoidable.
Additional mitigation was considered to reduce impacts associated with emissions
of particulate matter, however they have been found to be infeasible to implement at
this time due to the broad scope of the General Plan update. No mitigation has
been included.
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With regards to Air Quality the City Council hereby adopts Finding No. 3.
Utilities and Service Systems: Solid Waste - Solid waste disposal is an issue of
regional concern. Many programs are in place at local and countywide levels to
reduce waste generation and increase landfill capacity (at existing and proposed
new sites). The Chiquita Canyon and Puente Hills Landfills are the end destination
of the City of Rosemead's solid waste. Both of these landfills have enough capacity
to accommodate the City's existing and future needs. However, Chiquita Canyon is
scheduled, to close in 2019 and Puente Hills in 2013. After their closures, waste
must be taken to alternative sites.
Despite the continued efforts of the Los Angeles Area Integrated Waste
Management Authority to increase its diversion rates, technologies are not currently
available to completely recycle, destroy, or reuse all solid waste. Likewise,
continued disposal of solid waste at landfills would contribute to the eventual
closure of existing landfills and any future landfill sites. Although the amount of solid
waste originating from Rosemead is very small relative to the volumes accepted
annually at each of the regional landfills, diminishing landfill space is a significant
regional issue, and cumulative impacts are considered significant.
With regards to Solid Waste the City Council hereby adopts Finding No. 3.
Section 3 - CEQA Guidelines Section 15093 Findings. The City Council
declares that, having reduced the adverse significant environmental effects of the
Rosemead General Plan to the extent feasible by adopting the mitigation measures in the
draft Final EIR, having considered the entire administrative, record on the Project, and
having weighed the benefits of the Project against its unavoidable adverse impacts after
mitigation, the City Council has determined that the environmental, economic, and social
benefits of the Project outweigh the potential unavoidable adverse impacts and render
those potential adverse environmental impacts listed in Section 2 acceptable based upon
the following overriding considerations:
1. The Land Use Element will contribute toward the preservation of the City's
distinctive residential character and individual neighborhood identity by
preserving existing residential densities in long-established neighborhoods.
(Draft General Plan, p. 2-14)
2. The goals and policies in the Land Use Element support the maintenance and
stability of existing residential neighborhoods contributing to Rosemead's unique
character. (Draft General Plan, p. 2-14)
3. The goals and policies in the Land Use Element will provide for expanded
opportunities for concentrated commercial development that will reduce trip
generation and will establish additional direction regarding revitalization of the
key corridors. (Draft General Plan, p. 2-19)
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4. The anticipated enhancement of Valley Boulevard and the area's reinvention as
a vibrant, mixed-use area consistent with General Plan policy direction will lead
to a beneficial aesthetic result. (Draft General Plan, p. 2-19)
5. The anticipated in-fill development and redevelopment of properties along Valley
Boulevard and Garvey Avenue resulting from implementation of the goals and
policies of the Land Use Element are anticipated to have a beneficial impact on
jobs and tax revenues to the community. (Draft General Plan, p. 2-24.)
6. Implementation of the Land Use Element will create opportunities for high-
quality, well-designed mixed use residential and commercial projects that will
rely on appropriate Mixed Use Design Guidelines to achieve a quality product.
(Final EIR, p. 4-8)
7. Mixed Use development will result in reduced need for auto trips and will
encourage walking and bicycling by providing residences, jobs, and shopping
opportunities within close proximity of each other. (Draft General Plan, p. 2-27)
8. The General Plan will result in the beneficial effect of providing opportunities for
development of new housing and employment-generating uses. (Draft General
Plan, p. 2-25)
9. The implementation of in-lieu fees for public art will promote the Arts in public
spaces. (Final EIR, p. 4-9)
10. Implementation of transportation goals and policies in the General Plan will have
the beneficial impacts of increasing the use of alternative modes of
transportation, which also benefits air quality. (Final EIR, p. 4-174)
11. Requiring Transportation Demand Management (TDM) programs for major
projects as an in-lieu mitigation measure will benefit the City where physical
traffic mitigations are infeasible or undesirable to the City. (Final EIR, p. 4-174)
12.Preparing a Parkland Leasing Program, along with conducting a Parkland and
Recreational Facilities Acquisition and Development study will aid the City in
creating new passive and active open space areas and recreational amenities
for City residents. (Final EIR, p. 4-158, 4-159)
13. Implementation of the land use policies related to mixed use development will
encourage pedestrian activity and transit use. As a result, air quality and noise
benefits are anticipated as people walk or use the-mass transit rather than
individual cars/trucks..
14. Implementation of the land use policies related to commercial and industrial
development will continue to provide an economic engine for both residents and
for the City without creating undue impacts on transportation systems, air quality
resources, and noise resources.
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15. Implementation of the land use policies regarding potential housing production in
both mixed use settings as well as neighborhood settings will assist the City in
meeting its housing "fair share" as determined by SCAG.
16. The implementation of a curbside commingled recycling program, together with
public education, will reduce waste generation and lessen impacts on local
landfills.
Section 4- General Plan Consistency with State Law Determination. The City
Council finds that the Rosemead General Plan as proposed is consistent with the
requirements of State law governing general plans.
- CEOA Document Adontion and Certification. Based on the
entire administrative record before the City Council on the Project, including the above
findings and all written and oral evidence presented to the City Council, the City Council
hereby takes the following actions: (i) certifies the draft Final Environmental Impact Report,
(ii) adopts a Mitigation Monitoring and Reporting Program for the Project pursuant to the
California Environmental Quality Act; and (iii) adopts a Statement of Overriding
Considerations for those impacts described herein that remain significant and unavoidable.
Section 6 - Adoption of the General Plan. Based on the entire administrative
record before the City Council on the Project, including the above findings and all written
and oral evidence presented to the City Council, the City Council hereby adopts the
Rosemead General Plan.
Section 7. The Mayor shall sign this resolution and the City Clerk shall attest to the
adoption thereof.
PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF OCTOBER, 2008.
ddl, 0 John Tran, Mayor
CERTIFICATION'
I hereby certify that the foregoing is a true copy of a resolution adopted by the City Council
of the City of Rosemead at a meeting held on the 14th day of October, 2008 by the
following vote:
YES: LOW, NUNEZ, TRAN
NO: CLARK, TAYLOR
ABSENT:
ABSTAIN:
Al, G
Gloria Mo Ieaa, City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS. ,
CITY OF ROSEMEAD )
1. Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution 2008-66 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, COUNTYOF LOS ANGLES, STATE OF CALIFORNIA,
CERTIFYEING THE DRAFT FINAL ENVIRONEMENTAL IMPACT
REPORT, ADOPTING A MITIGATION MONITORING AND
REPORTING PROGRAM, AND ADOPTING A STATEMENT OF
OVERRIDING C
was duly and regularly approved and adopted by the City Council on the 14th of
October, 2008, by the following vote to wit:
Yes: Low, Nunez, Tran
No: Clark. Taylor
Abstain: None
Absent: None
onna A~ o cda
City Clerk
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