Loading...
HomeMy WebLinkAbout2002 104 CC RESO2002 104 CC RESO;¢f4Ÿ†RESOLUTION 2002-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A COMPREHENSIVE GENERAL PLAN AMENDMENT. ADOPTING THE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS AND CERTIFYING THE ENVIRONMENTAL IMPACT REPORT APPLICANT: CITY OF BALDWIN PARK; LOCATION: CITYWIDE; CASE NO.: AGP-104). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find. determine, and declare as follows: a) That pursuant to the applicable provisions of the State's Local Planning Law Section 65300 et seq. and 65800 of the Government Code of the State of California), studies were commenced for the purpose of prepahng a comprehensive update to the City's General Plan hereinafter referred to as the General Plan Amendment) a planning device which outlines the goals for physical development of the City; and b) That pursuant to the California Environmental Quality Act of 1970, as amended, Public Resources Code. Section 2100 et seq. hereinafter CEQA") and the CEQA Guidelines, 14 Cal. Adm. Code Section 15000 et seq.. an Environmental Impact Report EIR") was prepared to evaluate anticipated environmental impacts resulting from changes in land use policies as a part of the implementation of the proposed General Plan Amendment; and c) In accordance with CEQA, the Draft EIR was offered for public review in accordance with State CEQA Guidelines. Furthermore, copies of the Draft EIR were provided to the Baldwin Park Unified School District and neighboring cfties for review and comment. Comments received wrthin the public comment period are included in the Final EIR; and d) That in accordance with State Law the Planning Commission conducted a duly noticed public hearing on the proposed amendment to the said General Plan, Case No.: AGP-104 as shown on file in the Planning Division of the City, and an Environmental Impact Report; as hereinafter described; and e) That at their October 9, 2002 meeting the Planning Commission of the City of Baldwin Park held a public hearing and reviewed the proposed General Plan Amendment and Final EIR related BIB] 37638-U01 2002-U02 104-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO8678-U03 DO8987-U03 C6-U03 RESO-U03 1/16/2003-U04 ROBIN-U04 2002 104 CC RESO;¢f4Ÿ†Resolution 2002-104 Page 2 thereto and then voted to recommend that the City Council approve the General Plan Amendment and certify the EIR; and f) That the City Council has conducted a noticed public hearing on said matter and has determined that the public interest requires the approval of Case No. AGP-104 to amend the following mandatory Elements of the General Plan: Land Use, Circulation. Conservation & Open Space, Noise and Public Safety, and adopt new elements relating to: Urban Design, Economic Development and Air Quality; and g) That the amendments to the existing elements and the newly proposed elements are required and are in the public interest and will promote the general welfare; and h) The City Council has fully reviewed and carefully considered the Final EIR and all other environmental documents that comprise the EIR, including all information presented at the duly noticed public hearing upon said matter; and i) That the City Council has fully reviewed and carefully considered the Statement of Overriding Considerations and Findings of Fact for the Environmental Impact Report, incorporated by reference and on file in the City Clerk's office; and j) That the City Council has fully considered and recognized all the significant adverse environmental impacts which may result from the implementation of the proposed General Plan Amendment; and k) That all adverse environmental impacts of the General Plan Amendment will be avoided or mitigated to a level of insignificance by the imposition of the Mitigation Monitoring Program. incorporated by reference and on file in the City Clerk's office; and I) That the Final EIR identified and assessed all reasonable alternatives to the proposed General Plan Update Project that could feasibly obtain the basic objectives of the General Plan Amendment, even when those alternatives might impede the attainment of the General Plan Update objectives or might be more costly; and m) That the City Council hereby finds determines that the unavoidable significant impacts of the General Plan Amendment that will not be reduced to a level of insignificance identified in the Final EIR are clearly outweighed by the benefits of the General Plan Amendment and set forth in the Statement of Overriding Considerations incorporated by reference and on file in the Crty Clerk's office; and BIB] 37638-U01 2002-U02 104-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO8678-U03 DO8987-U03 C6-U03 RESO-U03 1/16/2003-U04 ROBIN-U04 2002 104 CC RESO;¢f4Ÿ†Resolution 2002-104 Page 3 n) That the City Council based upon the evidence presented and each Council member being familiar with the General Plan Amendment determined that the Final EIR should be certified. SECTION 2. That the City Council hereby adopts and approved the proposed general plan Amendment, Case No. AGP-104, including but not limited to, the related amendments to the existing mandatory elements of the General Plan and the newly proposed elements of the General Plan. SECTION 3. That the City Council does hereby adopt and approves the Statement of Overriding Considerations and Findings of Fact for the Environmental Impact Report, incorporated by reference and on file in the City Clerk's office in conjunction with its approval of the General Plan Amendment. SECTION 4. That, in view of the foregoing, the City Council of the City of Baldwin Park hereby certifies that the Final Environmental Impact Report for the proposed General Plan Amendment is complete and adequate and was prepared in compliance with the requirements of CEQA and was presented to the City Council and the Council has reviewed and considered the information contained herein. SECTION 5. That the City Council relied upon the evidence presented at the public hearing in making the above determinations and in reaching the conclusion that the Final Environmental Impact Report be certified. SECTION 6. Except as amended herein, all the terms and provisions of the existing General Plan shall remain in full force and effect including provisions regarding the Housing Element. SECTION 6. That the City Clerk shall certify to the adoption of the Resolution and shall forward a copy hereof to the Secretary of the Planning Commission. The Planning Division shall file the Notice of Determination and the Certificate of Fee Exemption with the County Clerk. PASSED AND APPROVED this 20th day of November 2002. MANUEL L02ANO MAYOR BIB] 37638-U01 2002-U02 104-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO8678-U03 DO8987-U03 C6-U03 RESO-U03 1/16/2003-U04 ROBIN-U04 2002 104 CC RESO;¢f4Ÿ†Resolution 2002-104 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK I, ROSEMARY R. RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2002-104 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting thereof, held on the 20th day of November, 2002 by the following vote: AYES: COUNCILMEMBERS: Bill Van Cleave, Linda Gair, Ricardo Pacheco. Mayor Pro Tern Marten Garcia and Mayor ManuelLozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ROSEMARY R. CHIEF DEPUTY Cl BIB] 37638-U01 2002-U02 104-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO8678-U03 DO8987-U03 C6-U03 RESO-U03 1/16/2003-U04 ROBIN-U04