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HomeMy WebLinkAbout6537 RESOLUTION NO. 6537 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CALIFORNIA AMENDING THE IMPLEMENTATION AND MONITORING SECTION OF THE ARCADIA GENERAL PLAN TO REPLACE LANGUAGE WITHIN PERFORMANCE STANDARD #44 OF THE COMMUNITY NOISE ASSESSMENT DEVELOPMENT PERFORMANCE STANDARDS WHEREAS, General Plan Amendment No. 06-01 was initiated by the City of Arcadia to amend the Implementation and Monitoring Section of the Arcadia General Plan to replace language within Performance Standard #44 of the Community Noise Assessment Development Performance Standards; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study and determined that there is no substantial evidence that the approval of General Plan Amendment No. 06-0 I would result in a significant adverse effect on the environment that cannot be mitigated to a level of less than significant; accordingly, a Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, on August 22, 2006, a public hearing was held before the Planning Commission on said matter at which time all interested parties were given full opportunity to be heard and to present evidence; and RVPUDIMKS\703227.! WHEREAS, the Plarming Commission voted 5 to 0 to recommend approval of the proposed General Plan Amendment to the City Council; and WHEREAS, on September 19,2006, the City Council held a public hearing on said General Plan Amendment; and WHEREAS, as part of the record of this hearing, the City Council reviewed and considered: 1. All staff reports and related attachments and exhibits submitted by the Development Services Department to the City Council; 2. All information and testimony presented at the City Council Public Hearing on September 19, 2006; 3. The decision of the Planning Commission on August 22, 2006 regarding General Plan Amendment No. 06-01; and WHEREAS, the above recitals are hereby incorporated as part of the findings set forth below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. The City Council finds: -2~ 6537 RVPUBIMKS\703227.! 1. That the granting of said General Plan Amendment will provide a more accurate and tangible method of measuring the impacts of noise caused by projects within the City of Arcadia. 2. That the approval of the General Plan Amendment will not be detrimental to the public health or welfare, or injurious to the property or improvements in the City because the Initial Study did not disclose any substantial adverse effects to the area affected by the proposed project. 3. That the gr,mting of the General Plan Amendment will not have the potential for causing a significant effect on the environment and a Mitigated Negative Declaration has been prepared pursuant to the provisions of the California Environmental Quality Act. SECTION 3: That for the foregoing reasons, the City Council approves the following changes to Performance Standard #44 of the Community Noise Assessment Development Performance Standards, in the Implementation and Monitoring Section of the General Plan (removed text in strikeout, new text in bold): -3- RVPUBIMKS\703227.! 6537 For purposes of community noise assessment, potential changes to the existing noise and traffic conditions can adversely affect the ambient noise conditions. These can be characterized by measurable increases in noise levels and indirectly by increases in traffic volumes. "^.ny project that meets or exceeds any of the following criteria shall be reql:lired to prepare an aceustical afIalysis and provide such mitigation as is necessary to meet the noise compatible land use de'lelopment performance standards contained in Table 6 D: Unless otherwise exempted, proposed projects shall prepare an environmental analysis under the provisions of the California Environmental Quality Act and an acoustical analysis for proposed new construction to pursue the noise standards identified in Table 6- D. Among the other required elements, the analysis shall discuss how the project will pursue the following guidelines: No more than 3 dBA CNEL increase for all areas where the proposed project's noise level would meet or exceed the City's dBA CNEL noise level performance standards as shown in Table 6-D. No more than a 5 dBA CNEL noise level increase for areas where the proposed project's noise levels remain below the City's noise standards as shown in Table 6-D, . Additi911 9/ m9re t.'UlIl tell peFCellt t9 the -,'9Iume 9/ (l}'erttge daily tFa.flk 9/ allY aFfeRal sueet. This traffic '1olume addition is mere tHan ifleremental and eOl:lld resl:llt iF! Hleasl:lrable fl0ise mereases. . "1dditi91l 9/ 1,(J(J(J 9' m8re l'e.'lieles ill the peak .'I8u, 8/1 adjaeellt '8adways. This kaffic '/ell:lme additien is more thafl iFlCremental ana eOl:lld res1:dt in measurable noise inereases. . Pffljeeted 119ise Ie.'e!s, as identified ill t.'Ie AFCadia Gene,al PHl1l EllViF6IlRlelltBl !mpaet Rep91" exceed the Il8ise e9mpatible HlIld use per/9,mallcc 8bjeelb'e c8ntBilled i:l TBhle 6 J}, Becm:lse the noise related perfermance objective -4- 6537 RVPUBIMKS\703227.! will be exceeded, site specific afIalysis and mitigation will be required to'meet specified objectives. . The potenR61 &ists for 8n site 8peHlR8I1S to exceed the n8ise e8111fJ6tible land use de}'clepment perfer-IHallee silllltlsHls c8nt6ined in Table (i D on lulj/leeRt pF8pemes. The potential to exceed noise development performance standards on adjacent properties is a significant impact that must be mitigated. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 19thday of September, 2006. ATTEST: ~ ty Clerk of the City of Arcadia APPROVED AS TO FORM: ~p.~ Stephen P. Deitsch City Attorney -5- 6537 RVPUBIMKS\703227.1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6537 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 19th day of September, 2006 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Segal, Wuo and Chandler NOES: None ABSENT: Councilmember Member Harbicht ity Clerk of the City of Arcadia 6