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Attachment L - Exhibit A - Findings of Fact and Statement of Overriding Considerations1 Findings of Fact Introduction and Purpose The “project” addressed in these Findings of Fact is the City of Rosemead Environmental Impact Report for the Garvey Avenue Specific Plan. California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000 et seq.) Section 21081 requires the Lead Agency (the City of Rosemead) to issue written findings for significant impacts identified in the Environmental Impact Report (EIR), accompanied by a brief rationale for each finding. Section 15091 of the State CEQA Guidelines states that: (a) No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding: The possible findings are: (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 have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report. (b) With respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological or other benefits of the project outweigh the significant effects on the environment. In accordance with Pubic Resources Code Section 21081, whenever significant impacts cannot be substantially mitigated and remain unavoidable, the benefits of the proposed project must be balanced against the unavoidable environmental consequences in determining whether to approve the project. The Lead Agency must make Findings of Fact and adopt a Statement of Overriding Considerations where the decision of the Lead Agency allows the occurrence of significant effects that are identified in the EIR, but are not substantially mitigated. This document sets forth the City of Rosemead’s Findings of Fact, pursuant to Section 21081 of the Public Resources Code, as supported by substantial evidence in the record. Project Description The proposed project is the adoption and long-term implementation of the Garvey Avenue Specific Plan (Specific Plan). The Specific Plan is organized to address the requirements of California Government Code Sections 65450 through 65457 with an introduction (Chapter 1), a description of existing conditions (Chapter 2), a proposal for updated land use designations and development Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 2 standards (Chapter 3), specification of focused development opportunities (Chapter 4), identification of infrastructure needs (Chapter 5), and an implementation program (Chapter 6). In summary, the Specific Plan: • Establishes new land uses and development standards for the Planning Area to guide redevelopment and new construction, replacing those currently adopted in the City's Zoning Code and General Plan; • Identifies infrastructure needs for the Planning Area with respects to streets and parking, water supply and conveyance, wastewater conveyance and treatment, urban runoff, solid waste disposal, recreational facilities, schools, electricity, natural gas, and telecommunications; • Identifies conceptual designs for locations identified as opportunities for near-term development potential; and • Identifies vacant and underutilized land that is anticipated to be redeveloped over the life of the Specific Plan. • Establishes a horizon year of 2035 in which is the expected life of the Specific Plan. The Garvey Avenue Specific Plan establishes a vision and objectives for development, land use, and public improvements along the 1.2-mile section of Garvey Avenue that extends from Charlotte Avenue to New Avenue in the City of Rosemead. The Garvey Avenue Specific Plan defines actions to be taken to redevelop the corridor into a place characterized as a local and sub-regional shopping and entertainment destination. The Garvey Avenue Specific Plan establishes land use; transportation, infrastructure, as well as urban design strategies designed to attract investment through development and redevelopment potential and are designed to balance retail development, mixed- use development, and active public spaces. The Garvey Avenue Specific Plan identifies public improvements designed to enhance the appearance and character of the corridor. The Garvey Avenue Specific Plan establishes four new zones that regulate the type and breadth of permitted development. Initial Study, Notice of Preparation, and EIR In Section 15063 of the CEQA Guidelines, a Lead Agency must conduct an Initial Study following preliminary review of a proposed project. Based on an initial project description, the City prepared an Initial Study in April 20 of 2015 and prepared and published a Notice of Preparation (NOP). The NOP was circulated for public review and comment for a 30-day review period beginning on April 21, 2015. Accordance with CEQA Guidelines Section 15163, the City, as the Lead Agency, has prepared an Environmental Impact Report (SCH No. 2015041067). Mitigation Monitoring Reporting Program As required by Public Resources Code Section 21081.6, a program for reporting on and monitoring project mitigation is included in the Final EIR (Section 5) for adoption by the Lead Agency. Location of Documents The Draft EIR, Final EIR, and administrative record for the Garvey Avenue Specific Plan project are available for review upon request at: City of Rosemead Planning Division 8838 East Valley Boulevard Rosemead, California 91770 Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 3 626.569.2158 Discussion of Findings Where, as a result of the environmental analysis of the project and the identification of feasible mitigation measures, potentially significant impacts have been determined by the City to be reduced to a level of less than significant, the City has found in accordance with Public Resources Code Section 21081(a)(1) and State CEQA Guidelines Section 15091(a)(1) that “Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment.” Such a finding is referred to herein as Finding 1. Where the City has determined pursuant to CEQA Section 21081((a)(2) and State CEQA Guidelines Section 15091(a)(2) that “Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency,” the City’s finding is referred to as Finding 2. This finding is not required to be made because all mitigation is under the jurisdiction of the Lead and Responsible Agencies. Where, as a result of the environmental analysis of the project, the City has determined that (a) even with the identification of project design features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (b) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance Public Resources Code Section 21081(a)(3) and State CEQA Guidelines Section 15091(a)(3) that “Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report.” Such a finding is referred to as Finding 3. References for discussion of environmental impacts within the Final EIR are noted with each finding. Impact numbers refer to the section number and the threshold letter referenced in the Final EIR where the full discussion of impacts is included. Effects Determined to Be Less than Significant Initial Study An Initial Study was prepared for the Garvey Avenue Specific Plan and circulated publicly on April 21, 2015. In the course of this evaluation prepared for the Garvey Avenue Specific Plan EIR, certain impacts of the Garvey Avenue Specific Plan were found to be less than significant due to the inability of the Garvey Avenue Specific Plan to create such impacts or the absence of project characteristics producing effects of this type. As such, the following discussion describes the potential impacts found not to be significant as a result of implementation of the Garvey Avenue Specific Plan. The Initial Study prepared for the Garvey Avenue Specific Plan was publicly circulated for a 30-day period beginning April 21, 2015. The Initial Study determined that impacts related to aesthetics, agriculture and forestry resources, biological resources, cultural resources, geology and soils, mineral resources, public services, and recreation would not occur or would be less than significant. The following impacts were identified as “no impact” or “less than significant impact” in the Initial Study prepared for the Garvey Avenue Specific Plan. Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 4 Aesthetics • Have a substantial adverse effect on a scenic vista. • Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. Agricultural Resources • Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use. • Conflict with existing zoning for agricultural use, or a Williamson act contract. • Conflict with existing zoning for, or cause rezoning of, forest (as defined in Public Resources Code Section 12220 (g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104 (g)). • Result in loss of forest land or conversion of forest land to non-forest use. • Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use. Air Quality • Create objectionable odors affecting a substantial number of people. Biological Resources • Have a substantial adverse effect, either directly or through habitat modification, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife Service. • Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or US Fish and Wildlife Service. • Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc,) through direct removal, filling, hydrological interruption, or other means. • Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. • Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. • Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Cultural Resources • Disturb any human remains, including those interred outside of formal cemeteries. Geology and Soils • Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 5 recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. • Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault. • Strong seismic ground shaking. • Seismic-related ground failure, including liquefaction. • Landslides. • Result in substantial soil erosion of the loss of topsoil. • Be located on a geological unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Hazardous and Hazardous Materials • Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. • Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. • Emit hazardous emission or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. • For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. • For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area. • Impair implementation of or physically interfere with an adopted emergency response plan or evacuation plan. • Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Hydrology and Water Quality • Violate any water quality standards or waste discharge requirements. • Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site. • Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site. • Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. • Otherwise substantially degrade water quality. • Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. • Place within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 6 • Place within a 100-year flood hazard area structures which would impede or redirect flood flows. • Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. • Inundation by seiche, tsunami, or mudflow. Land Use and Planning • Physically divide an established community. • Conflict with any applicable habitat conservation plan or natural community conservation plan. Mineral Resources • Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. • Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. Noise • For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels. • For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels. Population and Housing • Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. • Displace substantial numbers of people, necessitating the construction of replacement of housing elsewhere. Public Services • Fire protection • Police protection • Schools • Parks • Other public facilities Transportation/Traffic • Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks. • Substantially increases hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 7 Environmental Impact Report The Final Garvey Avenue Specific Plan EIR found that the proposed project would have a less than significant impact on a number of environmental topics. The following less than significant impact determinations were made: Hazardous and Hazardous Materials • The proposed project will not result in airport safety hazards. Impacts will be less than significant. Hydrology and Water Quality • The proposed project will not substantially deplete groundwater resources. Impacts will be less than significant. Land Use and Planning • The proposed project will not conflict with the land use designations and policies of the General Plan or any applicable Specific Plan. Impacts will be less than significant. Noise • The proposed project will not expose people to or result in excessive ground borne vibration. Impacts will be less than significant. Population and Housing • The proposed project will not result in the forced or obliged displacement of persons. Impacts will be less than significant. Public Services • The proposed project will not require the construction of new water treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Impacts will be less than significant. • The proposed project will not require new or expanded water supplies or entitlement to be procured to serve the project. Impacts will be less than significant. Traffic and Circulation (Transportation/Traffic) • The proposed project will not expose people to or result in excessive groundbourne vibration. Impacts will be less than significant. Findings for Less than Significant but Mitigable Impacts Cultural Resources Section 6 (Cultural Resources) of the EIR identifies potential significant impacts pertaining to construction-related Cultural Resources impacts, but concludes that impacts can be mitigated to less than significant levels. Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 8 IMPACT: Implementation of the proposed Garvey Avenue Specific Plan could result in the degradation or loss of historical or cultural resources, destroy paleontological resources, or disturb human remains. Impacts would remain less than significant with mitigation incorporated. Substantial Evidence Evidence supporting the fact that the environmental effects related to degradation or loss of historical, cultural, and paleontological resources and human remains will be substantially lessened is provided in Section 6 of the EIR as supported by the technical studies in Volume II of the EIR. Section 6 identifies potential cultural resources impacts associated with future construction activities. With regard to historical and cultural resource impacts, the following mitigation would be applicable to the proposed Garvey Avenue Specific Plan: (6.A-1) The City shall have prepared a historic resources survey for the Planning Area by which structures, landmarks, improvement, or other features that are listed or are eligible for listing on the California Register of Historic Properties and/or the National Register of Historic Places to afford those properties of historic value, if any, the benefits involved with these registers. The City will consider the feasibility and eligibility for a historic district to be mapped in the Planning Area and/or in adjacent portions of the city. Until such time that an area wide historic resources survey has been approved, applicants for entitlements of future development projects on properties developed with structures 45 years or older in age shall submit a project –specific historic resources survey prepared by a professional architectural historian or other qualified professional to determine if any structures on the project site are listed or eligible for listing as historic resources. A treatment programs shall be prepared by a qualified professional should any listed or eligible structures be identified with the primary goal of leaving the resource in place. Other treatment options include incorporating the structure into the design of the project, moving the structure such that it does not need to be modified due to construction activities, and preparing a photo survey of the property. (6.B-1) In the event of the unanticipated discovery of archaeological resources while conducting earthmoving activities during construction of future development within the Specific Plan Planning Area, the project proponent shall engage in a comprehensive recovery program, such as that outlined in the project cultural resources technical report or another designed by a professional archaeologist meeting the Secretary of Interior’s Professional Qualification and Standards, to include, as necessary and dependent on the specific attributes of the discovery, cultural resources sensitivity training for construction personnel, treatment plan, periodic monitoring, and closure reporting. The program shall persist throughout the remainder of earthmoving activities or over a shorter interval if deemed appropriate by the lead professional archaeologist. Building construction shall not commence until receipt of the closure report by the Community Development Director indicating Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 9 completion of all applicable recovery tasks as verified by the lead professional archaeologist. (6.C-1) In the event of the unanticipated discovery of paleontological resources while conducting earthmoving activities during construction of future development within the Specific Plan Planning Area, the project proponent shall engage in a comprehensive recovery program, such as that outlined in the project cultural resources technical report or another designed by a professional paleontologist meeting the qualifications of the Society of Vertebrate Paleontology, to include, as necessary and dependent on the specific attributes of the discovery, resource sensitivity training for construction personnel, treatment plan, periodic monitoring, and closure reporting. The program shall persist throughout the remainder of earthmoving activities or over a shorter interval if deemed appropriate by the project paleontologist. Building construction shall not commence until receipt of the closure report by the Community Development Director indicating completion of all applicable recovery tasks as verified by the lead professional paleontologist. Finding Based on substantial evidence in the EIR and the public record regarding impacts to historic, archaeological, and paleontological resources, and human remains, the City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the project to mitigate or avoid the significant effects on the environment. Noise Section 11 (Noise) of the EIR identifies potential significant impacts pertaining to construction- related noise impacts, but concludes that impacts can be mitigated to less than significant levels. IMPACT: Construction-related noise impacts related to project-related short-term construction noise levels will be less than significant with Mitigation Measure 11.A-1 incorporated. Substantial Evidence Evidence supporting the fact that the environmental effects related to construction noise will be substantially increased is provided in Section 11 of the EIR, as supported by the technical data provided as Appendix F. Section 11 identifies potential noise impacts associated with future construction activity. Section 8.36 (Noise Control) of the City of Rosemead Municipal Code prohibits operation of construction equipment between the hours of 8:00 P.M. and 7:00 A.M. on weekdays, including Saturday or any time on Sunday or a federal holiday. Noise sources associated with construction, repair, remodeling or grading of any real property or during authorized seismic surveys, provided such activities do not take place between the hours of 8:00 P.M. and 7:00 A.M. on weekdays, including Saturday, or at any time on Sunday or a federal holiday, and provided the noise level created by such activities does not exceed the noise standards of sixty-five (65) Dba plus the limits specified in Section 8.36.060 (B) as measured on residential property and does not endanger the public health, welfare and safety; Related to construction noise, the FEIR required the following mitigation measures that remain applicable to the proposed Garvey Avenue Specific Plan: Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 10 (11.A-1) Prior to issuance of demolition or grading permits, the Project Proponent of construction sites located less than 851 feet from commercial and residential receptors shall implement, and identify on construction plans, any combination of the following measures to ensure that project-related short-term construction noise levels are reduced by the appropriate level as identified below to be reviewed and verified by the Building Department. Distance to Receptor (feet) Maximum Noise Level (dBA Lmax) Reductions Needed to Meet 65 dBA Standard 50 89.6 -24.6 100 83.6 -18.6 200 77.5 -12.5 500 69.6 -4.6 851 65.0 - Stationary construction noise sources such as generators or pumps must be located at least 100 feet from sensitive land uses, as feasible, or at maximum distance when necessary to complete work near sensitive land uses. The mitigation measure must be implemented throughout construction and may be periodically monitored by the Community Development Director or designee during routine inspections. Construction staging areas must be located as far from noise sensitive land uses as feasible. This mitigation measure must be implemented throughout construction and may be periodically monitored by the Community Development Director or designee during routine inspections. Throughout construction, the contractor shall ensure all construction equipment is equipped with included noise attenuating devices and are properly maintained. This mitigation measure shall be periodically monitored by the Community Development Director or designee during routine inspections. Idling equipment must be turned off when not in use. This mitigation measure may be periodically monitored by the Community Development Director or designee during routine inspections. Finding Based on substantial evidence in the EIR and the public record regarding construction-related noise impacts, the City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the project to mitigate or avoid the significant effects on the environment. Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 11 Transportation and Traffic Section 13 (Transportation and Traffic) of the EIR identifies potential significant impacts pertaining to traffic volumes, but concludes that impacts can be mitigated to less than significant levels. IMPACT: Implementation of the proposed Garvey Avenue Specific Plan would not result in an increase in traffic volumes which would impact the level of service within the Planning Area. Impacts would be less than significant with Mitigation Measure 13.A-1 incorporated. Substantial Evidence Evidence supporting the fact that the environmental effects regarding traffic volumes and level of service (LOS) would be substantially increased is provided in Section 13 of the EIR as supported by the technical report provided as Appendix G. Section 13 of the EIR identifies long-term cumulative traffic impacts related to Garvey Avenue Specific Plan build-out to six intersections. Implementation of the Garvey Avenue Specific Plan would result in long-term cumulative traffic impacts to five intersections. Mitigation Measures 13.A-1 has been included to reduce impacts to identified roadways. In addition, General Plan policies and implementation measures require evaluation of traffic impacts from development projects, widening of substandard streets, implementation of the roadway plan provided in the Circulation Element, and encouragement of alternative transportation. Related to traffic impacts, the following mitigation are applicable to the proposed Garvey Avenue Specific Plan: 13. A-1 Prior to issuance of building permits, the project proponent shall submit fair share payments to the Building and Safety Division consistent with the roadway improvements identified in the project traffic impact analysis, and listed below, and the requirements of the City’s Development Impact Fee program. Impacts related to significant traffic impacts will be less than significant with mitigation incorporated. San Gabriel Boulevard/Hellman Avenue Intersection-Signal Coordination- The signal coordination implementation effort for the Gabriel Boulevard/Hellman Avenue intersection would ideally include that intersection and two additional signalized intersections to the south on San Gabriel Boulevard. Potential improvements range on the low end from GPS time-based units and associated wiring, to provide clock based synchronization of the traffic signals. This could be implemented and provide mitigation, if radio-based communications are feasible based on distances and obstacles between signals. From Del Mar Avenue/Garvey Avenue-Additional 3rd through lane for eastbound and westbound. From Kelburn Avenue/Garvey Avenue-Additional 3rd through lane for eastbound and westbound. From San Gabriel Boulevard/Garvey Avenue-Additional 3rd through lane for eastbound and westbound. From Walnut Grove Avenue/Garvey Avenue-Additional 3rd through lane for eastbound and westbound. Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 12 Based on substantial evidence in the EIR and the public record regarding increases regarding traffic volumes and LOS, the City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the project to mitigate or avoid the significant effects on the environment. Findings for Significant and Unavoidable Impacts As presented in the Garvey Avenue Specific Plan EIR, the City finds that impacts pertaining to increases in criteria pollutants from the proposed Garvey Avenue Specific Plan can similarly not be mitigated to a less than significant level. The City finds, based on the facts set forth in the administrative record, which include but are not limited to the facts as set forth below, those facts contained in the EIR, and any other facts set forth in materials prepared by the City, or the City’s or Project proponent’s consultants, that there are no additional, feasible mitigation measures, changes, or alternative available to reduce the significant and unavoidable impacts identified below, beyond those identified in the mitigation measures adopted for the project. Therefore, as outlined in Public Resource Code Section 21081(b) and State CEQA Guidelines Section 15093, as adoption of the project will require a Statement of Overriding Considerations for criteria pollutant impacts, which is included with these Findings. As fully described in the Statement of Overriding Considerations (Section 2 herein), the City has concluded and hereby finds and declares that, based on substantial evidence, that the project’s significant and unavoidable impacts are outweighed by the project’s benefits, including but not limited to the project’s significant benefits to the residents of the City of Rosemead. Accordingly, based on substantial evidence in the EIR and the administrative record, the City finds and declares, pursuant to State CEQA Guidelines Section 15091(a)(3), that specific economic legal, social, technical or other considerations, including accomplishing the project objectives, make infeasible any additional mitigation measures or Project alternatives identified in the EIR. Project benefits have been identified and listed below. • The project’s implementation would ensure public improvements would be designed to enhance the appearance and character of the corridor. • The project’s implementation would help ensure orderly, integrated, and compatible development in response to current and emerging local and regional land use and development trends. • The project will maintain the City’s economic viability and productivity over the long term through a comprehensive plan for revitalization of the Garvey Avenue corridor. • The project’s circulation system is consistent with the Congestion Management Plan for Los Angeles County, Air Quality Management Plan, and the Regional Mobility Plan. • The project provides a general framework for land use and infrastructure development. Individual components of the project will be a subject of additional environmental analyses and review. • The project utilizes land use planning techniques such as infill and mixed-use development that reduce environmental strain and pollution and that promote social and physical health. • The project would facilitate the creation of a balanced district with a mix of residential, commercial, retail, services, civic, and cultural uses. • The project would provide locations for diverse businesses that would complement the current business environment. Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 13 Air Quality IMPACTS: Development under the proposed Garvey Avenue Specific Plan would conflict with the AQMP. The overall increase created by the proposed Project is not within the growth assumptions estimated by SCAG and, thus, will be attributed to unanticipated growth in the area. No feasible mitigation. Substantial Evidence Section 5 of the EIR identifies a potentially significant impact related to increases in mobile source emissions, cumulative short- and long-term operational emissions, and cumulative regional emissions. Pursuant to the discussion in Section 5 of the EIR, future development under the proposed Garvey Avenue Specific Plan could result in an overall increase in mobile and stationary source emissions and short- and long-term construction and operational emissions that could exceed SCAQMD daily air quality standards. Projected population increases associated with build-out of the Garvey Avenue Specific Plan would result in a corresponding increase in the number of automobiles and vehicular pollutants. Future development projects within the Garvey Avenue Specific Plan Planning Area that generate construction-related or operational emissions may result in regional impacts that will be significant and unavoidable after consideration of feasible mitigation. Pursuant to existing law, future development associated with build-out of the proposed Garvey Avenue Specific Plan would be required to prepare an air quality impact analysis for individual development projects where possible emissions could impact sensitive receptors. For purposes of analysis cumulative emissions within the Planning Area due to build-out of the Garvey Avenue Specific Plan, impacts would be significant and unavoidable. Pursuant to Section 5 of the EIR, and consistent with Public Resource Code Section 21100(b) (2) (A) and the State CEQA Guidelines Section 15126.2(b), the City finds and declares that there are significant and unavoidable impacts involving increases in mobile and stationary source emissions at Specific Plan build-out, but there are no feasible mitigation measures that would lessen the project’s impact to a less than significant level. Pursuant to State CEQA Guidelines Section 15901(a), changes or alterations have been required in, or incorporated into, the project to lessen the project’s impact on mobile and stationary source emissions by way to General Plan policy, but the project’s impact would nonetheless still is considered significant and unavoidable. Even with implementation of Garvey Avenue Specific Plan policies, no feasible mitigation measures are available which can mitigate this impact to a level below significant. Pursuant to State CEQA Guidelines Section 15093, therefore, the City has balanced the benefits (listed in the Statement of Overriding Considerations) of the project against its unavoidable environmental risks and has determined that this impact is acceptable for the reasons stated in the City’s Statement of Overriding Considerations included herein. Finding Regarding impacts related to increases in mobile source emissions, cumulative short- and long-term operational emissions, and cumulative regional emissions, the City hereby makes Finding 3 that no feasible mitigation measures or alternatives exist to mitigate the above-discussed potentially significant impacts to less than significant levels. Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 14 Air Quality IMPACTS: Operation under the proposed Garvey Avenue Specific Plan would exceed daily thresholds for Volatile Organic Compounds and Oxides of Nitrogen and Carbon, and will remain significant and unavoidable after consideration of reasonable mitigation. Considering the difficulty in identifying mitigation to reduce mobile source emissions from non-commercial development projects, operational impacts remain significant and unavoidable after consideration of feasible mitigation. Substantial Evidence Section 5 of the EIR identifies Volatile Organic Compounds, Oxides of Nitrogen and Carbon Monoxide would exceed daily thresholds upon operation under the proposed Garvey Avenue Specific Plan. The highest ambient Carbon Monoxide concentrations are generally found near congested transportation corridors and intersections. Ambient concentrations of Oxides of Nitrogen are related to traffic density. Pursuant to Section 5 of the EIR, and consistent with Public Resource Code Section 21100(b)(2)(A) and the State CEQA Guidelines Section 15126.2(b), the City finds and declares that there are significant and unavoidable impacts involving operation under the proposed Garvey Avenue Specific Plan exceeding daily thresholds for Volatile Organic Compounds and Oxides of Nitrogen and Carbon. Pursuant to State CEQA Guidelines Section 15901(a), changes or alterations have been required in, or incorporated into, the project to lessen the project’s impact on exceeding daily thresholds for Volatile Organic Compounds and Oxides of Nitrogen and Carbon mobile and stationary source emissions by way to General Plan policy, but the project’s impact would nonetheless still be considered significant and unavoidable. Even with implementation of Garvey Avenue Specific Plan policies, no feasible mitigation measures are available which can mitigate this impact to a level below significant. Pursuant to State CEQA Guidelines Section 15093, therefore, the City has balanced the benefits (listed in the Statement of Overriding Considerations) of the project against its unavoidable environmental risks and has determined that this impact is acceptable for the reasons stated in the City’s Statement of Overriding Considerations included herein. Related to traffic impacts, the following mitigation are applicable to the proposed Garvey Avenue Specific Plan: 5. B-1 Prior to issuance of grading permits, proponents of future development or improvement projects within the Planning Area shall provide evidence that the project contractor will use low-VOC architectural coatings, scheduling or other methods where the content of volatile organic compounds (VOC) does not exceed zero g/l for internal and exterior non-residential applications. This measure shall be verified through standard building inspections. 5. B-1 Prior to issuance of grading permits, proponents of future development or improvement projects within the Planning Area shall provide evidence that the project contractor will use construction equipment that utilizes a Tier IV engine emissions output equivalent for all construction activity or alternative means such as Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 15 reducing daily activity. Evidence of use of Tier IV equipment shall be verified by the planning department. Finding Regarding impacts related to exceeding daily thresholds to Volatile Organic Compounds, Oxides of Nitrogen and Carbon Monoxide, the City hereby makes Finding 3 that no feasible mitigation measures or alternatives exist to mitigate the above-discussed potentially significant impacts to less than significant levels. Growth-Inducing Impacts Pursuant to Section 15126.2(d) of the State CEQA Guidelines, the EIR discusses growth-inducing effects in Section 16 (Analysis of Long Term Effects). Growth-inducing effects include ways in which the Garvey Avenue Specific Plan could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. A common example is a major infrastructure project or road extension that provides urban service capacities to currently undeveloped areas, thus removing an obstacle to population growth. The proposed Specific Plan is specifically intended to provide for the orderly growth of the Planning Area to achieve economic, environmental, and quality of life benefits. Nothing in the Garvey Avenue Specific Plan proposes new infrastructure systems to facilitate growth of undeveloped areas that were not proposed in the existing General Plan. Based on the current and projected numbers, the anticipated residents that will be accommodated by the Garvey Avenue Specific Plan is within the anticipated growth for the City of Rosemead. In addition, no new expanded infrastructure has been planned to accommodate additional growth beyond current and future population projections. Improvements to the roadways listed in this EIR are intended to achieve desired levels of service as growth occurs, rather than facilitate growth beyond what is planned for in the existing General Plan. Projects permitted pursuant to land use policy would provide for additional housing, create a better balance of residential and non-residential uses in the community, promote organized and pedestrian- friendly commercial development, and protect natural resources. Implementation of the Specific Plan would result in a more inclusive community, maintain a balance between housing and employment, and foster a stable economic base and diverse employment opportunities. Significant Irreversible Environmental Changes The proposed Specific Plan provides a regulatory framework to guide future growth into both infill and undeveloped sites within the Garvey Avenue Planning Area. Once land is developed with a certain type of land use, reversion to open space for conservation, resource management, or other purposes is highly unlikely. An irreversible commitment of non-renewable natural resources is inherent in any development project. The proposed Specific Plan represents a long-term commitment to the consumption of energy for electricity, water and space heating, water supply and treatment, and fuels to power various modes of motorized transportation including automobiles and landscape equipment. Impacts associated with long-term energy consumption would depend on the energy sources and methods of producing energy. Typical hydrocarbon-based sources produce higher volumes of various criteria air pollutants and greenhouse gases than renewable energy sources such as wind and solar power or alternative fuel sources such as biodiesel and cellulosic ethanol. To the extent that hydrocarbon- based fuel sources are replaced with less polluting, renewable sources; emissions would be reduced. Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 16 Alternatives to the Proposed Project The EIR addresses the environmental effects of alternatives to the proposed project. A description of these alternatives, a comparison of their environmental impacts to the proposed project, and the City’s findings are listed below. No Project/No Development Alternative 1 Implementation of the No Project/No Development alternative assumes that no additional development would occur within the Garvey Avenue Specific Plan area; thus, the existing land use conditions and levels of development would remain static. No Specific Plan would be adopted. This alternative would perpetuate development of the proposed project area through existing regulations and master plans. Findings The No Project/No Development alternative would result in no change to the existing conditions. Therefore, no new or additional environmental impacts would result directly from this alternative. However, the No Project/No Development alternative would prevent the City from making needed improvements to existing properties, infrastructure, and public services. Existing conditions under this alternative would be maintained at first, but due to increased dependence on developer fees to provide new and improved infrastructure, property, and areas would be unimproved. Additionally, the No Project/No Development alternative would not result in any changes to existing land uses or development levels within the City and would conflict with the City’s existing plans for build-out. Also, regional through traffic in the City would continue to increase and would impact both roadway capacity and noise levels in the City without the benefit of mitigation. Although the No Project/No Development alternative fails to accomplish the project objectives, it would avoid significant unavoidable impacts of the proposed Specific Plan with respect to air quality. Thus, the No Project/No Development alternative is considered environmentally superior to the proposed project. The findings of the proposed project set forth in this document and the overriding social, economic, and other issues set for in the Statement of Overriding Considerations provide support for the proposed project and the elimination of this alternative from further consideration. Reduced Development Potential Alternative 2 As required by Section 15126.6(e) of the CEQA Guidelines, the Existing Garvey Avenue Specific Plan Reduced Development Potential Alternative 2 assumes reduced build-out within the Specific Plan area in accordance with existing zoning, Garvey Avenue Master Plan and General Plan (2010) land use designations and policies. This alternative assumes that development would include build-out of vacant and underutilized sites. Development potential is reduced inversely proportional to the magnitude of impact difference to the threshold. For this alternative, a 50 percent decrease in development potential has been used to avoid those impacts. The Alternative 2 environmental impact analysis additionally explored further reductions in project size beyond a 50 percent decrease in development potential to lower all environmental impacts. Findings The Reduced Development Potential Alternative 2 would provide the same type of uses and services, on a reduced scale. It would not meet the objective of generating up to 1,048 new dwelling units and up to 1.3 million square feet of new commercial space because of the reduced size. Reduced Development Potential Alternative 2 was selected for further analysis. Alternative 1 and 2 were compared to determine which alternative would result in the fewest impacts to the environment. Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 17 According to the Initial Study prepared for the project, no impacts to agricultural, forestry, or mineral resources will occur because these resources do not exist in the project vicinity. Because these resources could not be impacted by the project, these resources would similarly not be impacted by not constructing or operating the project and leaving the project site vacant. Alternative 2 would be constructed and operated at a smaller scale and intensity than the project. Alternative 2 assumed a 50 percent reduction in project size for the environmental impact analysis. The Alternative 2 environmental impact analysis additionally explored further project size reductions to lower all environmental impacts. Alternative 2 assuming a 50 percent reduction in the project size would reduce impacts related to population, public services, potential for use, demand on utilities and service system and transport and disposal of hazardous materials and wastes and associated risk of upset. Subsequently during the Alternative 2 environmental impact analysis a 90 percent reduction in the project size would avoid all significant and unavoidable operational air quality, greenhouse gas, noise, and traffic impacts. Impacts to public and utility services would also decrease concurrently with the reduction in dwelling units and commercial space that would result from decreasing the project size by 90 percent. Alternative 1 is considered to be the environmentally superior alternative because it would result in the fewest environmental impacts when compared to the project. However, pursuant to Section 15126.6 (e) (2) of the State CEQA Guidelines, when environmentally superior alternative is the NO Project alternative, another environmentally superior alternative must be selected among the remaining alternatives. Based on this provision, Alternative 2 is the environmentally superior alternative because it would result in fewer environmental impacts when compared to the project. Specific Plan Variations Alternative 3 As required by Section 15126.6(e) of the CEQA Guidelines, the Existing Garvey Avenue Specific Plan Variation Alternative 3 assumes build-out within the Specific Plan area in accordance with existing zoning, Garvey Avenue Master Plan (and General Plan (2010) land use designations and policies. This alternative considers a variety of different configurations for the project site. This alternative assumes that development would include build-out of vacant and underutilized sites. Any feasible alternative configuration would not provide a proper assemblage of parcels and adequate vacant land to accommodate moving the LA Auto Auction Landwin site to another location within the Specific Plan area. The existing General Plan would not provide for a mixed-use, walkable, community-oriented environment. Findings The Specific Plan Variations Alternative 3 would result in similar environmental impacts as the proposed project for, traffic, cultural resources, noise, air quality and greenhouse gases. In addition, the proposed Specific Plan Variations Alternative 3 density and intensity would remain the same; therefore, significant and unavoidable traffic and noise impacts would remain the same. Construction and operation-related air quality and greenhouse gas impacts would remain the same because this alternative would include the same intensity as the proposed project. Specific Plan Variations Alternative 3 will not avoid or sustainably reduce any significant and unavoidable impacts therefore, this alternative was rejected. Thus, the Specific Plan Variations Alternative 3 is not considered environmentally superior when compared to the proposed project. Alternative Locations Alternative 4 As required by Section 15126.6(e) of the CEQA Guidelines, the Existing Garvey Avenue Specific Plan Alternative Locations Alternative 4 was determined to be infeasible. No comparable sites would accommodate a project of this size. Moreover, the catalytic development at the former LA Auto Findings of Fact 1 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 18 Auction site that is unique to this project would not be able to be developed at any other location within the City. Findings The Alternative Locations Alternative 4 would meet less than majority of the project objectives because it could not be constructed and thus no impact comparison can be made. Therefore, this alternative was rejected due to lack of actual alternative locations. Thus, the Alternative Locations Alternative 4 is not considered environmentally superior when compared to the proposed project. Statement of Overriding Considerations 2 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 19 2 Statement of Overriding Considerations CEQA requires that a Lead Agency balance the benefits of a project against its unavoidable environmental risk in determining whether to approve the project. If the benefits outweigh the unavoidable adverse effects, those effects may be considered “acceptable” pursuant to State CEQA Guidelines Section 15093(a). CEQA requires that a Lead Agency support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Those reasons must be based on substantial evidence in the Environmental Impact Report (EIR) or elsewhere in the administrative record pursuant to State CEQA Guidelines Section 15093(b). The Lead Agency’s written reasons are referred to as a Statement of Overriding Considerations. The City will approve the Garvey Avenue Specific Plan and has prepared an FEIR that satisfies the requirements of CEQA. The following adverse impacts of the project are considered significant and unavoidable based on the analysis in the Draft EIR (DEIR), Final EIR (FEIR), and the Findings of Fact. • Development pursuant to the proposed Garvey Avenue Specific Plan could result in an overall increase in mobile source emissions within the City which may exceed SCAQMD air quality standards. • Operation under the proposed Garvey Avenue Specific Plan would exceed daily thresholds for Volatile Organic Compounds and Oxides of Nitrogen and Carbon, and will remain significant and unavoidable after consideration of reasonable mitigation. The City has determined that the unavoidable adverse environmental impacts identified above are acceptable because those impacts are outweighed by the economic, social, technological, and other benefits of the project, listed below. • The project’s implementation would ensure public improvements would be designed to enhance the appearance and character of the corridor. • The project’s implementation would help ensure orderly, integrated, and compatible development in response to current and emerging local and regional land use and development trends. • The project will maintain the City’s economic viability and productivity over the long term through a comprehensive plan for revitalization of the Garvey Avenue corridor. • The project’s circulation system is consistent with the Congestion Management Plan for Los Angeles County, Air Quality Management Plan, and the Regional Mobility Plan. • The project provides a general framework for land use and infrastructure development. Individual components of the project will be a subject of additional environmental analyses and review. • The project utilizes land use planning techniques such as infill and mixed-use development that reduce environmental strain and pollution and that promote social and physical health. • The project would facilitate the creation of a balanced district with a mix of residential, commercial, retail, services, civic, and cultural uses. • The project would provide locations for diverse businesses that would complement the current business environment. The City hereby declares that the forgoing benefits provided to the public through the approval of the project outweigh the identified significant adverse environmental impacts of the project that Statement of Overriding Considerations 2 City of Rosemead Findings of Fact and Statement of Overriding Considerations for the Garvey Avenue Specific Plan EIR 20 cannot be mitigated. The City finds that each of the project benefits separately and individually outweighs all of the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable. The City hereby finds and declares that no feasible alternative exists that both would provide all of the foregoing benefits to the public and reduce environmental impacts when compared to the project.