CC - 2009-03 - Considering adopting the Negative Declaration Plans for Merger of Project Area No 1 & 2 for Rosemead Redevelopment Agency• RESOLUTION NO. 2pam
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD
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. 2
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;
• and
WHEREAS, by its Ordinance No. 809, adopted June 27, 2000, the City Council of
the City adopted the Redevelopment Plan forthe Rosemead Redevelopment Project Area
No. 2 ("Plan No. 2" and "Project No. 2," respectively); and
WHEREAS, in accordance with the provisions in 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 Section 21067
and the Board of Directors of the Commission 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
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WHEREAS, in accordance with CEQA Guidelines, Section 15074, the City Council,
as a Responsible Agency as defined under CEQA Statutes, Section 21069, must consider
the Negative Declaration for the Merger Amendment together with any comments received
during the public review period before making its decision to adopt the Merger Amendment;
and
WHEREAS, public notice having been duly given, a full and fair joint public hearing
has been held on the Merger Amendment and the Negative Declaration therefor, and the
City Council 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, the City Council
may approve and 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 City
Council's independent judgment and analysis; and
WHEREAS, copies of all documents and the record of proceedings related to the
City Council'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 City Council of the City of Rosemead
as follows:
Section 1. The above facts are true and correct and a substantive part of this
Resolution.
Section 2. The City Council 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 City Council finds and declares that public notice has been
provided 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 City Council 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 character of the Merger
Amendment, there is no substantial evidence in the record the Merger Amendment will
have a significant effect on the environment and, therefore, no mitigation measures or
Reso_CC_ApprvNegDec_Fnl 2
0 PASSED, ADOPTED AND APPROVED this 10th day of February 2009.
mitigation monitoring program are required as a condition of adoption of the Merger
Amendment.
Section 5. The City Council further finds that: i) the Negative Declaration reflects
the independent judgment of the City Council as a responsible agency and legislative body;
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 City Council hereby adopts the Negative Declaration prepared for
the. Merger Amendment.
Section 7. Within five (5) working days of adoption of the Merger Amendment by
the City Council, the City Clerk, in cooperation with 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 City Clerk shall certify to the passage and adoption of this
Resolution, whereupon it shall take immediate effect and be in force.
JOHN TRAN. MAYOR
ATTEST:
LORIA MOLLEDA, CITY CLERK
APPROVED AS TO FORM:
Re o_CC_AppNNegDec_Fnl
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD )
I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the
foregoing Resolution No. 2009-03 being:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSMEAD CONSIDERING AND ADOPTING THE NEGATIVE
DECLARATION ON EVIRONMENTAL IMPACT FOR THE PROPOSED
MERGER AMENDMENT TO THE REDEVELOPMENT PLANS FOR
THE ROSEMEAD REDEVELOPMENT PROJECT ARE NO. 1 AND THE
ROSEMEAD REDEVELOPMENT PROJECT AREA NO. 2
was duly and regularly approved and adopted by the City Council on the IOTU of
February 2009, by the following vote to wit:
Yes: Low, Nunez, Tran,
No: Clark,
Abstain: None
Absent: Taylor
Gloria Molleda
City Clerk