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HomeMy WebLinkAbout10-068 - Resolutions RESOLUTION NO. 10-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE 2010 GENERAL PLAN UPDATE (SCH 2000061027), ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM. A. RECITALS WHEREAS, the 2010 General Plan Update DRC2007-00869 (the "Project") would consist of a comprehensive update to the City of Rancho Cucamonga (the "City') General Plan in accordance with the City's vision for the future and by reinforcing established land uses attained in the City over the last 10 to 15 years by emphasizing protection of existing residential neighborhoods and targeting new residential, office and commercial growth along major corridors (such as Foothill Boulevard) and other areas south of Foothill Boulevard (such as Haven Avenue) where development opportunities exist on vacant and underutilized properties; and WHEREAS, the 2010 General Plan Update would augment the City's economic base by providing incentive for tax-generating uses to remain in or relocate to the City due to ample opportunities for development and redevelopment in a well-planned community; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public Res. Code, § 21000 et seq.) and the State CEQA Guidelines (14 CCR § 15000 et seq.), the City Council of the City of Rancho Cucamonga ("Council") is the lead agency for the Project, as the public agency with general governmental powers; and WHEREAS, the City of Rancho Cucamonga, as lead agency, determined that a Program Environmental Impact Report ("PEIR") should be prepared pursuant to CEQA in order to analyze all adverse environmental impacts of the Project; and WHEREAS, a Notice of Preparation ("NOP") identifying the scope of environmental issues was distributed to numerous State, federal, and local agencies and organizations on November 12, 2009, with comments requested by December 11, 2009 pursuant to State CEQA Guidelines sections 15082(a), 15103 and 15375. A total of eight comment letters were received and are included in Appendix A of the Draft PEIR ("Draft PEIR"). Relevant comments received in response to the NOP were incorporated into the Draft PEIR; and WHEREAS, a public scoping meeting was held at the City of Rancho Cucamonga on November 23, 2009 and input from the public providing direction and scope of the PEIR was received; and WHEREAS, a Draft PEIR was prepared for the Project in accordance with CEQA and the State CEQA Guidelines, where the City analyzed the Project's environmental impacts; and WHEREAS, the Draft PEIR was distributed for a 45-day public review period on February 16, 2010, with the comment period expiring on April 1, 2010. Twelve comment letters were received during the public comment period. The City prepared written responses to all comment received on the PEIR, and those responses to comments are incorporated into the Final PEIR. The responses to comments were distributed to all public agencies and all individuals that provided comments during the comment period at least 10 days prior to certification as required by CEQA; and WHEREAS, the Final PEIR is comprised of the Draft PEIR, and all appendices thereto, the comments and responses to comments, and the mitigation monitoring and reporting program; and WHEREAS, a Notice of Completion ("NOC") was sent with the Draft PEIR to the State Clearinghouse on February 16, 2010; and WHEREAS, the Planning Commission of the City of Rancho Cucamonga held a public hearing to consider the 2010 General Plan Update, the Final PEIR, and staff recommendations, on April 28, 2010. Notice of this Planning Commission hearing was provided through publication on April 5, 2010; and WHEREAS, the Planning Commission of the City of Rancho Cucamonga after a duly noticed public hearing, recommended that the City Council certify the Final PEIR and adopt the findings, statement of overriding considerations, and mitigation monitoring and reporting program; and WHEREAS, the City Council of the City of Rancho Cucamonga held a public hearing to consider the 2010 General Plan Update, the Final PEIR, all comment letters received on the PEIR, any oral testimony provided, and staff recommendations, on May 19, 2010. Notice of this City Council hearing was provided through publication on May 3, 2010; and WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the Project; and WHEREAS, all the requirements of CEQA, the State CEQA Guidelines and the City's Local CEQA Guidelines have been satisfied in the PEIR, which is sufficiently detailed so that all of the significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the findings made in this Resolution are based upon the information and evidence set forth in the Final PEIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of the proceedings on which this Resolution is based are on file for public examination during normal business hours at the Planning Department located at City of Rancho Cucamonga City Hall, 10500 Civic Center Drive, Rancho Cucamonga; and WHEREAS, the City Council finds that agencies and interested members of the public have been afforded ample notice and opportunity to comment on the EIR and the Project; and WHEREAS, Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written findings for each significant effect identified in the Final PEIR accompanied by a brief explanation of the rationale for each finding: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or, (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Resolution No. 10-068 - Page 2 of 5 Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR; and WHEREAS, Section 15093 of the State CEQA Guidelines requires that if the Project will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts, and WHEREAS, environmental impacts identified in the Final PEIR as less than significant and not requiring mitigation are described in Section 3 of Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, environmental impacts identified in the Final PEIR as significant but which the City finds can be mitigated to a level of less than significant, through the imposition of feasible mitigation measures identified in the Final PEIR and set forth herein, are described in Section 4 of Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, environmental impacts identified in the Final PEIR as significant but which the City finds cannot be fully mitigated to a level of less than significant, despite the imposition of all feasible mitigation measures identified in the Final PEIR and set forth herein, are described in Section 5 of Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, alternatives to the 2010 General Plan Update that might eliminate or reduce significant environmental impacts are described in Section 6 of Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, a discussion of the project benefits and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Exhibit B, attached hereto and incorporated herein by this reference; and WHEREAS, Public Resources Code Section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The Mitigation Monitoring and Reporting Program is attached hereto as Exhibit C, and is hereby incorporated herein by reference; and WHEREAS, prior to taking action, the City Council reviewed, considered and has exercised its independent judgment on the Final PEIR and all of the information and data in the administrative record, and all oral and written testimony presented to it during meetings and hearings and finds that the Final PEIR is adequate and was prepared in full compliance with CEQA. No comments or any additional information submitted to the City have produced any substantial new information requiring recirculation or additional environmental review of the Project under CEQA; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE AS FOLLOWS: B. RESOLUTION 1. The City Council hereby finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Resolution No. 10-068 - Page 3 of 5 2. The City Council of the City of Rancho Cucamonga hereby certifies the Final PEIR, adopts findings pursuant to the California Environmental Quality Act, as set forth in Exhibit A incorporated herein by reference; adopts the Statement of Overriding Considerations set forth in Exhibit B incorporated herein by reference; adopts the Mitigation Monitoring and Reporting Program as Exhibit C and incorporated herein by reference, and imposes each mitigation measure as a condition of Project approval. City staff shall implement and monitor the mitigation measures as described in Exhibit C. Exhibits A, B, and C are available for review in the City Clerk's office located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730. The Secretary to the City Council shall certify to the adoption of this Resolution. Please see the following page for formal adoption,certification and signatures Resolution No. 10-068 - Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 19th day of May 2010. AYES: Gutierrez, Kurth, Michael, Spagnolo,Williams NOES: None ABSENT: None ABSTAINED: None Donald J. Kurth, M.D., Mayor ATTEST: nice C. Reynolds, City Cle < I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City Council of the City of Rancho Cucamonga, California, at a Regular Meeting of said City Council held on the 19th day of May 2010. Executed this 201h day of May 2010, at Rancho Cucamonga, California. vt�-rte l nice C. Reynolds, City Merk Resolution No. 10-068- Page 5 of 5