CDC - 2009-03 - Considering and Adopting the Negative Declaration of Environment Impact for the Proposed Merger Amendment to the Redevelopment Project Area No 1 & 2• RESOLUTION NO.
A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION CONSIDERING AND ADOPTING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROPOSED
MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR THE
ROSEMEAD REDEVELOPMENT PROJECT AREA NO.1 AND THE
ROSEMEAD REDEVELOPMENT PROJECT AREA NO.
WHEREAS, the Rosemead Community Development Commission (the
"Commission") is a duly constituted redevelopment agency under the laws of the State of
California; specifically, the California Community Redevelopment Law (CCRL; Health and
Safety Code, Section 33000, et seq.), and the Commission is responsible for the
administration and implementation of redevelopment activities within the City of Rosemead
(the "City"); and
WHEREAS, in accordance with procedures codified in the CCRL, by its Ordinance
No. 340 adopted June 22, 1972, the City Council of the City of Rosemead (the "City
Council" and "City," respectively) adopted the Redevelopment Plan for the ' Rosemead
Redevelopment Project Area No. 1 ('Plan No. 1" and "Project Area No. 1," respectively);
and subsequently amended Plan No. 1 on December 9, 1986 by Ordinance No. 592,
December 20 1994 by Ordinance No. 752 and January 22, 2002 by Ordinance No. 822;
1191 and
WHEREAS, by its Ordinance No. 809, adopted June 27, 2000, the City Council of
the City adopted the Redevelopment Plan for the Rosemead Redevelopment Project Area
No. 2 ('Plan No. 2" and "Project No. 2," respectively); and
WHEREAS, in accordance with the provisions of the CCRL, Section 33450, the
Commission has prepared a proposed amendment (the "Merger Amendment") to Plan No.
1 and Plan No. 2 for the sole purpose of merging Project Areas No.1 and No. 2 (hereafter,
as proposed to be amended by the Merger Amendment, Project Areas No. 1 and No. 2 are
referred to as the "Merged Project Area,"); and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA; Public
Resources Code, Section 21000, et seq., referred to as the "CEQA Statutes," and Title 14,
California Code of Regulations, Section 15000, et seq., referred to as the "CEQA
Guidelines"), the Commission is the "Lead Agency" as defined under CEQA Statutes,
Section 21067 and the Board of Directors of the Commission (the "Board") is the decision-
making body of the Lead Agency; and
WHEREAS, in accordance with CEQA Statutes, Sections 21080(c) and 21091(b),
and CEQA Guidelines, Section 15072, the Commission caused an Initial
Study/Environmental Checklist (the "Initial Study") to be prepared and, based thereon,
prepared and circulated a proposed Negative Declaration of Environmental Impact.(the
• "Negative Declaration") and Notice of Intent to Adopt Negative Declaration for the Merger
Amendment for public review for a not-less-than 30-day period; and
Reso RDA_AppwNegDe _Fnl
WHEREAS, in accordance with CEQA Guidelines, Section 15074(b), the Board, as
the decision-making body of the Lead Agency, must consider the Negative Declaration for
the Merger Amendment together with any comments received during the public review
period before making its decision on approving and recommending the Merger Amendment
be adopted by the City Council; and
WHEREAS, public notice having been duly given, a full and fair public hearing has
been held on the Merger Amendment and the Negative Declaration therefor, and the
Commission has considered all written and all oral comments and testimony relating
thereto and is fully advised thereon; and
WHEREAS, in accordance with CEQA Guidelines, Section 15074(b), the Board shall
adopt the Negative Declaration if it finds, based upon the whole record before it, that there
is no substantial evidence that the Merger Amendment will have a significant effect on the
environment and the Negative Declaration reflects the Commission's independent judgment
and analysis; and
WHEREAS, copies of all documents and the record of proceedings related to the
Commission's approval and adoption of the Negative Declaration are in the custody of the
City Clerk of the City of Rosemead, Rosemead City Hall, 8838 E. Valley Boulevard,
Rosemead, CA 91770 and are available for public inspection.
NOW, THEREFORE BE IT RESOLVED by the Rosemead Community
Development Commission as follows:
Section 1. The above facts are true and correct and a substantive part of this
Resolution.
Section 2. The Commission has independently reviewed and analyzed the
Negative Declaration, including the Initial Study, together with any comments received
during the public review period and at the public hearing convened specifically for the
consideration of adoption of the Negative Declaration and approval of the Merger
Amendment. Any written comments received during the public review period are hereby
incorporated into the official record of proceedings.
Section 3. The Commission finds and declares that it has provided public notice in
accordance with CEQA Statutes Section 21091 and CEQA Guidelines, Section 15072 for a
reasonable period of time, not less than the requisite 30 days prior to its consideration of
this Resolution to adopt the Negative Declaration.
Section 4. The Commission finds, on the basis of the whole record before it,
including the Initial Study, the Negative Declaration prepared for the Merger Amendment,
all comments received during the public review process, and the public hearing convened
specifically for the adoption of the Negative Declaration and approval of the Merger
Amendment that, because of the administrative and fiscal nature of the Merger
Amendment, there is no substantial evidence the Merger Amendment will have a significant •
Reso_RDA_ApprvNegDec_Fnl 2
effect on the environment and, therefore, no mitigation measures or mitigation monitoring
program are required as a condition of adoption of the Merger Amendment.
Section 5. The Commission furtherfinds that: i) the Negative Declaration reflects
the independent judgment of the Commission as Lead Agency; ii) the Merger Amendment
causes the "merger" of Project Area No. 1 and Project Area No. 2 for fiscal and
administrative purposes; iii) no impacts have been identified in the Initial Study to be
caused as a result of "merging" Project Area No. 1 and Project Area No. 2; iv) the Merger
Amendment does not add territory to the Merged Project Area, proposes no new projects to
the existing projects and programs lists, nor in any other way affects the Merged Project
Area.
Section 6. The Commission hereby approves and adopts the Negative
Declaration prepared for the Merger Amendment.
Section 7. Within five (5) working days of the time that the Merger Amendment is
approved and adopted by the City Council, Commission staff is directed to file a Notice of
Determination with the Los Angeles, County Clerk pursuant to the provisions of CEQA
Statutes, Section 21152.
Section 8. The Secretary shall certify to the passage and adoption of this
Resolution, whereupon it shall take immediate effect and be in force.
• PASSED, ADOPTED AND APPROVED this 10th day of February 2009.
JOHN MAN. CHAIRMAN
ATTEST:
GLORIA MOLLEDA, SECRETARY
Reso_RDA_APPrvNegDec_Fnl
; APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, Commission Secretary of the City of Rosemead, do hereby certify that
the foregoing Resolution No. 2009-03:
A RESOLUTION OF THE ROSEMEAD COMMUNITY DEVELOPMENT
COMMISSION CONSIDERING AND ADOPTING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR THE
PROPOSED MERGER AMENDMENT TO THE REDEVELOPMENT
PLANS FOR THE ROSEMEAD REDEVELOPMENT PROJECT ARE NO.
I AND THE ROSEMEAD REDEVELOPMENT PROJECT ARE NO. 2
was duly and regularly approved by the Community Development Commission on the
I0`h of February of 2009, by the following vote to wit:
Yes: Low, Nunez, Tran
No: Clark
Abstain: None
Absent: Taylor
~o
oria Molleda
Commission Secretary