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HomeMy WebLinkAbout6464 RESOLUTION NO. 6464 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HIGHLAND OAKS SPECIFIC PLAN AND TENT A TIVE TRACT MAP NO. 51941 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the Highland Oaks Specific Plan and Tentative Tract Map No. 51941 propose the development of a seven-lot residential hillside development located in the northeast portion of the City of Arcadia (the "City") off of Canyon Road; and WHEREAS, pursuant to the California Environmental Quality Act ("CEQA") (Public Res. Code 921000 et seq.), the State CEQA Guidelines (14 CCR 9 15000 et seq.), and the City's Local CEQA Guidelines, the City of Arcadia is the lead agency for the Highland Oaks Specific Plan Project ("Project") as the public agency with general governmental powers; and WHEREAS, the City, as lead agency, determined that an Environmental Impact Report ("EIR") should be prepared pursuant to CEQA in order to analyze all potential adverse environmental impacts of Project development; and . WHEREAS, a Notice of Preparation of the Draft EIR was published on or about May 22, 2003; inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines Section 15082; and 6464 WHEREAS, in order to define the scope of the investigation of the EIR, the City consulted with all responsible and trustee state agencies, local organizations and interested individuals to identify concerns regarding potential impacts of the Project on the Project site; and WHEREAS, the City conducted a Public Scoping Meeting on May 21, 2003 to solicit input from the community regarding issues to be addressed in the EIR; and WHEREAS, approximately twelve (12) written comment letters were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and WHEREAS, the Draft EIR was completed and the City initiated the public comment period by filing a Notice of Completion and Availability with the State Office of Planning and Research and the Clerk's Office of Los Angeles County on August ll,2004;and WHEREAS, pursuant to Public Resources Code Section 21092, the City also provided a Notice of Completion and Availability to all organizations and individuals who had previously requested such notice in writing, and published the Notice of Completion on or about August 12, 2004 in a newspaper of general circulation in the Project area. Copies of the Draft ErR were provided to approximately 44 public agencies, organizations and individuals. In addition, the 2 6464 City placed copies of the Draft EIR at the Arcadia City Library and Arcadia Development Services Department, Community Development Division; and WHEREAS, during the 45-day comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and others pursuant to State CEQA Guidelines Section 15086; and WHEREAS, during the official public review period for the Draft ErR, the City received approximately twelve (12) written comments, all of which the City responded to in the Final ErR; and WHEREAS, pursuant to Public Resources Code Section 21092.5, the City provided copies of the Final ErR to all commentors on November 23,2004; 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 EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible 3 6464 alternatives capable of eliminating or reducing these effects in accordance with CEQA and the State CEQA Guidelines; and WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon the oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, pnor to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the Final ErR, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the Final ErR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the Project; and WHEREAS, no comments made in any public hearing or any additional information submitted to the City have produced substantial new information requiring recirculation or additional environmental review under State CEQA Guidelines Section 15088.5; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. 4 6464 NOW THEREFORE, THE CITY COUNCIL OF THE CrTY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1 CERTIFICATION OF THE EIR The City Council finds that it has reviewed and considered the Final EIR in evaluating the Project, that the Final EIR is an accurate and objective statement that fully complies with CEQA, and the State CEQA Guidelines and that the Final EIR reflects the independent judgment of the City Council. The City Council declares that neither comments made in the public hearings relating to the Project or any additional information submitted to the City have produced substantial new information requiring recirculation or additional environmental review under State CEQA Guidelines Section 15088.5, nor that the minor modifications in the Final EIR required additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur and no feasible project mitigation measures as defined in State CEQA Guidelines Section 15088.5 were rej ected. The City Council hereby certifies the Environmental Impact Report based on the following findings: 5 6464 Findinl!s: 1. CEQA Compliance. As the decision-making body for the Proposed Project, the City Council has reviewed and considered the information contained in the Final ErR and supporting documentation. The City Council determines that the Final ErR contains a complete and accurate reporting of the environmental impacts and mitigation measures associated with the Proposed Project, as well as complete and accurate reporting of the unavoidable impacts and benefits of the Proposed Project. The City Council finds that the EIR was prepared in compliance with CEQA and that the City Council complied with CEQA's procedural and substantive requirements. 2. Independent Judgment of Lead Agency. The City Council finds. that the CEQA Documentation reflects the independent judgment of the City Council. 3. Review of CEQA Documentation Prior to Project Decision. The City Council reviewed and considered the information in the CEQA Documentation prior to certifying the Final EIR and prior to making any decision to approve or disapprove the Project. 6 6464 SECTION 2 CUSTODIAN OF RECORDS The documents and materials that consti lute the final record of proceedings on which the certification of the Final ErR have been based are located at the City of Arcadia, 240 West Huntington Drive, Arcadia, California 91066-6021. The custodian for these records is the City of Arcadia, Community Development Division. This information is provided in compliance with Public Resources Code section 2 I 081.6. SECTION 3 CERTIFICA TION OF ADOPTION The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 15th day of February 2005. ~-&. ~~ or 0 the Citfof Arcadia ATTEST: ~ tLR __. ity Clerk of the City of Arcadia APPROVED AS TO FORM: G ~C?~ Stephen P. Deitsch City Attorney 7 6464 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CrTY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6464 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 15th day of February, 2005 and that said Resolution was adopted by the following vote, to wit: A YES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None ;J~ ity Clerk of the City of Arcadia 8 6464