HomeMy WebLinkAbout2002 104 CC RESO2002 104 CC RESO ;¢f4 Ÿ † 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
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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
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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
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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
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