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Resolution No. 5610 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE VERNON GENERAL PLAN AND COMPREHENSIVE ZONING CODE AND MAKING FINDINGS, STATEMENTS OF FACT AND OVERRIDING CONSIDERATIONS WHEREAS, the City of Vernon, California, pursuant to the provisions of California Planning Law (California Government Code Section 65000, et sea.) has prepared a comprehensive general plan and a comprehensive zoning ordinance; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (California Public Resources Code Sec- tion 21000, et seq., hereinafter "CEQA") and State CEQA Guidelines, the City determined that an environmental impact report was required for the consideration of these projects; and WHEREAS, a Draft Environmental Impact Report ("EIR"), including the Master Environmental Assessment ("MEA"), both dated February 14, 1989, were prepared and circulated for public review and comments; and WHEREAS, public comments were received and written responses to those comments are incorporated in the Final EIR and MEA; and WHEREAS, a public hearing was noticed and held on April 4, 1989, by the City Council, at which additional public com- ments were elicited; and WHEREAS, the Final EIR and MEA consists of the draft EIR and MEA, comments and recommendations received on the draft EIR and responses and revisions based on those comments and recommendations; and WHEREAS, the Final EIR and MEA find that the adoption . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and implementation of the proposed General Plan and Comprehen- sive Zoning Code ("project") will result in significant negative cumulative air quality effects in conjunction with regional growth and business activity which impacts are unmitigable, and the proposed project has the least significant negative environ- mental effects of the feasible alternatives; and WHEREAS, the CEQA Guidelines ("Guidelines") section 15169 (d) provides that a MEA may be used for various purposes including, (1) to identify the environmental characteristics and constraints of an area; to influence the design and location of individual projects; (2) to provide information agencies can use in initial studies; (3) to provide a central source of current information for use in preparing individual EIRs and Negative Declarations; (4) to be referenced and summarized to EIRs and Nega- tive Declarations; (5) to assist in identifying long range, areawide, and cumulative impacts of individual projects proposed in the area covered by the assessment; (6) to assist in formulating a general plan or any ele- ment of such a plan by identifying environmental characteristics and constraints that need to be addressed in the general plan; and (7) to serve as a reference document to assist in -2- .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " reviewing other environmental documents dealing with activities in the area covered by the assessment. WHEREAS, the CEQA Guidelines additionally state that: "No public agency shall approve or carry out a project for which an Environmental Impact Report has been completed and which identified one or more significant effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding." (Section 15091); and "Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record." (Section 15093); and WHEREAS, the City Council of the city of Vernon has not created a separate planning commission and performs all of the functions of a planning commission as authorized by Government Code Sections 65100 and 65861. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The Final EIR and MEA have been presented to the City Council, and the Council has reviewed and considered the information therein prior to any action on the adoption of the Vernon General Plan or the Comprehensive Zoning Ordinance. SECTION 3: The Final EIR and MEA have identified the following significant effects that may result in a cumulative deterioration of air quality as follows: Siqnificant Effect - Implementation of the revised General Plan and Zoning Ordinance, in conj unction with other projects and growth in the region, will have a significant im- pact on air quality by contributing to the existing exceedance of air quality standards. SECTION 4: The changes or alterations required in, or incorporated into the project as listed below will avoid or sub- stantially lessen the significant environmental effect as iden- tified in the Final EIR: Specific Mitigation Measures Required and Facts in Support of Findinqs - The project contains the following goals and policies, the implementation of which will lessen emission of air pollutants: (a) Infrastructure Elements III -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Goal I: Provide a balanced transportation sys- tem for the safe and efficient movement of people, goods, and emergency services throughout the city. Policy 1. I : continue to upgrade the existing street system to meet the minimum standards set in the Circulation Plan. Policy 1.2: Consolidate the freight rail system in areas designated for General Industrial and Heavy Industrial land uses. Policy 1.3: Limit the location of transportation-related uses and large warehouses (over 50,000 gross square feet) to areas with streets designed to accommodate the larger volumes of truck traffic they generate. Policy 1.4: Explore the potential of designat- ing one-way couplets in areas of town with nar- row streets which have limited potential for widening. Policy 1.5: continue to pursue grade separation for railroad crossings of designated streets, particularly in light of the proposed rail sys- tem changes associated with Port Access improve- ments. Policy 1.6: Encourage continued improvement of services provided by the Southern California Rapid Transit District to the city and adjacent -5- ." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 cities to provide better access for employees from home to job and job to home. Policy 1.7: Encourage the use of ridesharing and public transit to reduce the traffic conges- tion and need for off-street parking in the city. Policy 1.8: Encourage the redesign and upgrad- ing of the freeway interchanges at Atlantic and Bandini Blvds. to eliminate hazards. Policy 1.9: Explore the potential of adding a freeway interchange at Slauson Avenue and the Long Beach Freeway to improve access for ci ty industries. (b) Safety Element Policy I. I: continue to encourage and support the enforcement of State and Federal environmen- tal and pollution control laws. Pol icy 2. I : continue to support and encourage State efforts to I) identify existing or pre- viously existing hazardous waste generators or disposal sites, 2) support appropriate disposal of wastes, and 3) supervise programs to monitor contaminated sites. (c) Natural Resources Element Goal 1: Preserve open space land as necessary for the health and welfare of residents and workers in the City of Vernon. -6- ," 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Policy 1.2: Cooperate with regional efforts to upgrade the appearance and open space value of the Los Angeles River Channel. (d) Zoning Ordinance The revised Zoning Ordinance establishes a Con- di tional Use Permi t process for certain uses, including hazardous materials processing facilities and trash-to-energy facilities to en- sure that these uses do not generate impacts (e.g., noise, vibration, odor, smoke, etc.) which interfere with surrounding uses. Finding - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the findings. Such changes have been adopted by such other agency or can be and should be adopted by such other agency. S-pecial Mitigation Measures Required and Facts in Support of Findinqs - Enforcement of the South Coast Air Quality Management District ("SCAQMD") and State Air Resources Board ("ARB") rules and the revised Air Quality Management Plan will lessen impacts related to construction and operation of specific projects in Verhon and reduce cumulative air emissions in the region. SECTION 5: The following benefits of the proposed General Plan and Zoning Ordinance have been evaluated by the -7- ~" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council and, following due consideration, have been found to outweigh the environmental risks of the project: (a) The project will establish policies and stand- ards designed to reinforce the industrial pur- pose and character of the city; (b) The project will improve the environment of the ci ty for property owners, businesses, workers and residents; and (c) The project is designed to curtail recent ad- verse trends in the City, including loss of sales tax revenue and an increase in truck traf- fic on all streets. SECTION 6: Specific economic, social, or other con- siderations make infeasible any additional mitigation measures or project alternatives identified in the final EIR. (a) Such considerations relate primarily to the ex- isting industrial nature of the City of Vernon, its low residential population, and the location of the City in relationships to industrial areas in adjoining jurisdictions; and (b) Changes or alterations in such traffic and in- dustrial patterns are within the responsibility and jurisdiction of other public agencies and not the City of Vernon. Changes are being adopted by other agencies, including the Southern California Association of Governments and the SCAQMD. -8- " 1 2 SECTION 7: The Final EIR and MEA are hereby certified as accurate and complete and in compliance with the CEQA. SECTION 8: The MEA shall be used as a planning and en- 3 4 vironmental assessment document for the purposes set forth in 5 6 7 CEQA Guidelines Section 15169(d). SECTION 9: The City Clerk of the City of Vernon shall certify to the passage of this resolution and thereupon and 8 9 10 11 12 thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 18th day of April, 1989. \ ".~~. ',-- 13 A~~/~~ BRUCE V. MALKENHORST, City Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- J >' 1 2 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) 3 I, BRUCE V. MALKENHORST, city Clerk of the City of Ver- 4 5 6 7 8 9 10 11 non, do hereby certify that the foregoing Resolution, being Resolution No. 5610, was duly adopted by the City Council of the City of Vernon, and was approved by the Mayor of said City at a regular meeting of the City Council held on Tuesday, April 18. 1989. 4 BRUCE V. ~H~ MALKENHORST, City Clerk 12 13 14 (SEAL) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -10-