Resolution No. 94831
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RESOLUTION NO. 9483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT FOR THE CITY OF VERNON GENERAL PLAN AND
COMPREHENSIVE ZONING CODE AND MAKING FINDINGS,
STATEMENTS OF FACT, ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS AND AN ENVIRONMENTAL
MITIGATION MONITORING AND REPORTING PROGRAM
WHEREAS, the City of Vernon ("City") is a chartered municipal
corporation of the State of California; and
WHEREAS, the City, pursuant to the provisions of California
Planning Law (California Government Code Section 65000, et seq.) has
prepared a general plan and a comprehensive zoning ordinance; and
WHEREAS, pursuant to the requirements of the California
Environmental Quality Act (California Public Resources Code Section
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") dated
August 2007 was prepared and circulated for public review and comment;
and
WHEREAS, public comments were received and written responses
to those comments are incorporated in the Final EIR; and
WHEREAS, the final EIR consists of the Draft EIR, comments
land recommendations received on the Draft EIR and responses,and
(revisions based on those comments and recommendations; and
WHEREAS, the Final EIR finds that the adoption and
implementation of the proposed City of Vernon General Plan and
Comprehensive Zoning Code ("Project") will result in significant and
I unavoidable impacts on cumulative air quality, traffic and solid waste
2 which impacts are unmitigatable; and
3 WHEREAS, pursuant to Section 15091.and 15093 of the State
4 CEQA Guidelines and Section 21081, et seq. of the Public Resources
5 Code, the City has prepared a Findings of Fact and Statement of
6 Overriding Considerations; and
7 WHEREAS, pursuant to Sections 15091 and 15093 of the State
8 CEQA Guidelines and Section 21081, et seq. of the Public Resources
9 Code, an Environmental Mitigation Monitoring and Reporting Program has
10 been prepared; and
11 WHEREAS, the City Council of the City of Vernon has not
12 created a separate planning commission and performs all of the
13 functions of a planning commission as authorized by Government Code
14 Sections 65100 and 65861.
15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
16 CITY OF VERNON AS FOLLOWS:
17 SECTION 1: The City Council of the City of Vernon hereby
18 finds and determines that the recitals contained hereinabove are true
19 and correct.
20 SECTION 2: The Final EIR has been presented to the City
21 Council concurrently with this Resolution, and the City Council has
22 reviewed and considered the information therein prior to any action on
23 the adoption of the City of Vernon General Plan or the Comprehensive
24 Zoning Ordinance. The City Council hereby orders the Final EIR to be
25 received and filed by the City Clerk. The Final EIR submitted
26 herewith is incorporated herein by this reference as though fully set
27 forth at length.
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SECTION 3: The Final EIR has identified the following
11significant effects that may result in a cumulative deterioration of
air quality as follows:
Significant Effect - Implementation of the revised City of
Vernon General Plan and Zoning Ordinance, in conjunction with other
projects and growth in the region, will have a significant impact on
cumulative air quality, traffic and slid waste resources.
SECTION 4: The City Council of the City of Vernon hereby
approves and adopts the Findings of Fact and Statement of Overriding
Considerations, a copy of which are attached hereto as Exhibit A and
incorporated,by reference, which contains findings of significant and
potentially significant impacts that may occur with the adoption of
the City of Vernon General Plan and Comprehensive Zoning Ordinance,
specifically in regard to air quality, hazards and hazardous
materials, transportation/traffic, utilities and service systems,
noise, cumulative effects and growth inducing effects.
SECTION 5: The City Council of the City of Vernon hereby
approves and adopts the Environmental Mitigation Monitoring and
Reporting Program for the Vernon General Plan and Zoning Ordinance
Updates, a copy of which is attached hereto as Exhibit B and
incorporated by reference.
SECTION 6: The benefits of the proposed City of Vernon
General Plan and Zoning Ordinance have been evaluated by the City
Council and have been found to outweigh the environmental risk of the
Project.
SECTION 7: Specific economic, social, or other
considerations make infeasible any additional mitigation measures or
Project alternatives in the final EIR.
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(a) Such considerations relate primarily to the existing
industrial nature of the City of Vernon, its low residential
population, and the location of the City in relationship to industrial
areas in adjoining jurisdictions; and
(b) Changes or alterations in such traffic and industrial
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.
SECTION 8: The Final EIR is hereby certified as accurate
and complete in compliance with the CEQA.
SECTION 9: The EIR may be used as a planning and
environmental assessment document for the purposes set forth in CEQA
Guidelines Section 15169(d).
SECTION 10: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 3rd day of December, 2007.
A TEST:
VELA GIRON, City Clerk
Name: Lconis C. Malburg
Title: Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9483, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, December 3, 2007, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
(SEAL)
MANUELA GIRO , City Clerk
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♦ ! A
CITY OF VERNON
GENERAL PLAN AND ZONING ORDINANCE UPDATE
FINDINGS OF FACT
AND
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Sections 15091 and 15093 of the State CEQA Guidelines and
Section 21081, et seq., of the Public Resources Code
Related Environmental Documentation:
Final Environmental Impact Report
(State Clearinghouse No. 2007061031)
Date of Adoption by the Vernon City Council:
Project Files May Be Reviewed at:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
November 15, 2007
01910/0018 165781.1
Table of Contents
Sectionl. Introduction and Purpose .................................................. .......................1
ProjectBackground................................................................................................2
Initial Study and Notice of Preparation
Program Environmental Impact Report..................................................................2
Section 2. Findings on Significant and Potentially Significant Impacts of
the Proposed Project Identified in the Initial Study,
Draft PEIR, and Final PEIR..................................................................................4
2.1 Air Quality..................................................................................................4
2.2 Hazards and Hazardous Materials............................................................5
2.3 Transportation/Traffic................................................................................6
2.4 Utilities and Service Systems....................................................................9
2.5 Noise.......................................................................................................10
2.6 Cumulative Effects..................................................................................11
2.7 Growth -Inducing Effects..........................................................................12
Section 3. Impacts Considered in the Initial Study
but Found not to Be Potentially Significant....................................................14
Section 4. Findings on Project Alternatives Considered
in the Program Environmental Impact Report................................................15
Alternative 1 — No Project/Existing General Plan.................................................15
Alternative 2 — Additional Railway/Road Grade Separations...............................16
Alternative 3 — Zoning Provisions to Permit Warehousing Citywide ....................17
Section 5. Implementation Schedule..................................................................................19
Section 6. Statement of Overriding Considerations.........................................................20
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Findings of Fact and
Statement of Overriding Considerations
Section 1. Introduction and Purpose
This Statement of Findings of Fact and Overriding Considerations, prepared pursuant to Sections
15091 and 15093 of the California Environmental Quality Act Guidelines (Code of Regulations,
Section 15000 et seq.), addresses the environmental effects associated with the approval and
long-term implementation of the updated General Plan and revised Zoning Ordinance of the City
of Vernon (referred to herein as the "project"). The adverse environmental impacts, including
potentially significant impacts of the project, were identified in the Program Environmental Impact
Report (PEIR).
The City prepared and circulated for public review a Draft PEIR. Upon the close of the public
review period for the Draft PEIR, the City prepared a Final PEIR that includes responses to
comments received. Section 15091 of the CEQA Guidelines requires that the Lead Agency issue
written findings for significant impacts identified in the Final PEIR, accompanied by a brief
explanation of the rationale for each finding. The City of Vernon is the Lead Agency responsible
for the preparation of the PEIR in compliance with CEQA.
In accordance with Section 15093 of the CEQA Guidelines, whenever significant impacts cannot
be substantially mitigated, benefits of the proposed project must be balanced against its
unavoidable environmental risks in determining whether to approve the project. The Lead
Agency must make Findings of Fact and adopt a Statement of Overriding Considerations where
the decision of the Lead Agency allows the occurrence of significant effects which are identified in
the Final PEIR, but are not at least substantially mitigated. Section 15091 of the CEQA
Guidelines and Section 21081 (Findings) of CEQA state in part that:
"No public agency shall approve or carry out a project for which an EIR has been certified
which identifies one or more significant effects on the environment that would occur if the
project is approved or carried out unless both of the following occur:
(a) The public agency makes one or more of the following findings with respect to each
significant effect:
(1) Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant effects on the environment.
(2) Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by that other
agency.
(3) Specific economic, legal, social, technological or other considerations, including the
provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or alternatives identified in the environmental impact
report.
(b) With respect to significant effects which were subject to a finding under paragraph (3)
of subdivision (a), the public agency finds that specific economic, legal, social,
technological or other benefits of the project outweigh the significant effects on the
environment."
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Findings of Fact and
Statement of Overriding Considerations
This document is divided into the following six sections:
Section 1. Introduction and Purpose
Section 2. Findings on Significant and Potentially Significant Impacts of the
Proposed Project Identified in the Initial Study, Draft EIR and Final EIR
Section 3. Impacts Considered but Found not to Be Potentially Significant
Section 4. Findings on Project Alternatives Considered in the EIR
Section 5. Implementation Schedule
Section 6. Statement of Overriding Considerations
Project Description
The proposed project is the adoption and implementation of a comprehensive update of the City
of Vernon General Plan, referred to herein as the General Plan, and adoption of a comprehensive
revision of the City of Vernon Zoning Ordinance (Chapter 26 of the Code of The City of Vernon).
The General Plan consists of all elements mandated by State law to be part of a general plan.
The elements contained in the Vernon General Plan are: Land Use, Circulation and
Infrastructure, Housing, Safety, Resources, and Noise. Separate from the General Plan, an
Implementation Program has been prepared to provide strategies to implement the adopted
policies set forth in each General Plan element.
The General Plan will guide the physical development of the City over the 20-year planning
period covered in the Plan. The Zoning Ordinance will serve as the primary regulatory tool for
implementing General Plan policies over the long term.
Initial Study and Notice of Preparation
In accordance with Section 15063 of the CEQA Guidelines, a Lead Agency must conduct an
Initial Study following preliminary review of a proposed project. Based on an initial project
description, the City prepared an Initial Study in May of 2007, and prepared and published a
Notice of Preparation. The State Clearinghouse assigned this project State Clearinghouse No.
2007061031. The Notice of Preparation was circulated for public review and comment for a 30-
day period beginning on June 7,2007. In response to the results of the Initial Study and public
response, the City determined that a PEIR was required for the project.
Program Environmental Impact Report
The City has prepared a PEIR in accordance with CEQA (Public Resources Code Section 21000
et seq.) and the CEQA Guidelines. The City has supervised the preparation of the PEIR. The
PEIR is a full -disclosure informational document that is intended to inform and assist public
agency decision makers and the general public of the significant environmental effects of the
project. Possible ways to minimize significant effects are identified in the PEIR, and reasonable
alternatives to the project are evaluated. This document assesses the environmental impacts,
including unavoidable adverse impacts and cumulative impacts, which may result from the
approval of the updated General Plan and Zoning Ordinance.
The City distributed the Draft PEIR for public review for 45-day period beginning on August 31,
2007. Comments on the Draft PEIR were received from several public agencies and property
and business owners. These comments and responses to these comments are included in the
Final PEIR.
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Findings of Fact and
Statement of Overriding Considerations
Each and all of the Findings and Determinations contained in this document are based upon
substantial evidence, both oral and written, contained in the entire record relating to the project
and Final EIR. The Findings and Determinations constitute the independent Findings and
Determinations of the City in all respects, and are fully and completely supported by substantial
evidence. All of the language included in this document constitutes findings by the City, whether
or not any particular sentence or clause includes a statement to that effect.
All summaries of information and the findings to follow are based on the Final PER, the project
(and every component thereof), and/or other evidence in the record. The absence of any
particular fact from any such summary is not an indication that a particular finding is not based in
part on that fact. The summaries of information below are only summaries. Cross-references to
the Final PER and other evidence in the record have been made where helpful, and reference
should be made directly to the Final PER and other evidence in the record for more precise
information regarding the facts on which any summary is based. In addition, unless noted or
stated otherwise, the rationale for the findings is that set forth in the Final PER (including the
responses to comments) or elsewhere in the administrative record.
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Section 2. Findings on Significant and Potentially Significant
Impacts of the Proposed Project Identified in the
Initial Study, Draft PEIR and Final PEIR
Pursuant to and in accordance with Section 21081 of the Public Resources Code, the PEIR
examined the potential for significant effects to result from project implementation. The following
environmental impact issues areas were examined in the PEIR: 1) Air Quality, 2) Hazards and
Hazardous Materials, 3) Transportation /Traffic, 4) Utilities and Service Systems, and 5) Noise. In
addition, cumulative and growth -inducing impacts were examined.
2.1 AIR QUALITY
Project -level and Cumulative Air Quality Impacts
Impact AQ-1: Pollutant Emissions and Greenhouse Gases
Because Vernon is largely a built -out community, new development that will occur will result from
the demolition of existing structures and their replacement with new buildings and site
improvements. Historical trends have shown that such redevelopment activity has actually
resulted in a decrease in building square footage citywide. This results from the fact that many
buildings in Vernon date to 1950 and earlier, and during the first five decades of Vernon's history,
sites were developed with few provisions made for on -site parking and loading facilities. Revised
zoning regulations require that new construction and buildings that are enlarged or undergo major
renovations or are vacant more than two years provide sufficient on -site parking and loading
spaces, and specifically require loading spaces to accommodate multi -axle vehicles. As a result,
site redevelopment generally results in reduced lot coverage by buildings. As described in the
Land Use Element of the General Plan (Vernon General Plan, Land Use Element, p.8), the City
anticipates over the 20-year time frame of the General Plan that ongoing redevelopment activity
will produce a continued decline in building square footage citywide, with a net decrease of
1,223,700 square feet over the life of the Plan.
An analysis was conducted to identify the long-term air pollutant emissions associated with
General Plan and Zoning Ordinance implementation. Mobile source emissions associated with
the project will result in emissions of carbon monoxide (CO)', volatile organic compounds (VOCs),
oxides of nitrogen (NOX), sulfur oxides (SOX), and particulate matter (PM10 and PM2.5). The
analysis included a focused assessment of greenhouse gases: carbon dioxide (CO2), methane
(CH4), nitrous oxide (NO2), and fluoridated gases.
The results of the evaluation demonstrate that implementation of the project will result in a net
reduction (compared to current 2007 emissions) for all pollutants and greenhouse gases
inventoried. More specifically, summer emissions of VOC, N, and CO will be reduced by 63
percent, 74 percent, and 71 percent, respectively. Summer emissions of SOX and PM10 will be
reduced by 2 percent each, and emissions of PM2.5 will be reduced by 3 percent. Winter
emissions of VOC, NOX, and CO will be reduced by 65 percent, 75 percent, and 72 percent,
respectively, over 2007 levels. Winter emissions of SOX and PM10 will also be reduced by 2
percent, and PM2.5 emissions will be reduced by 3 percent. Impact will be less than significant.
(Final PEIR, p. 4-14)
Impact AQ-2: Sensitive Receptors
Virtually all land uses and businesses in Vernon consist of industrial uses and warehousing. The
updated General Plan states that no new housing will be permitted in the City, and the revised
Zoning Ordinance expressly prohibits new residences and community facilities, which include
private schools, day care centers, and hospitals. Thus, new sensitive receptors are unlikely to
locate in Vernon. Impact will be less than significant. (Final PEIR, p. 4-16)
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Statement of Overriding Considerations
Finding for Impacts AQ-1 and AQ-2
No significant project -level or cumulative air quality impact will result, and no mitigation is
required. (Final PEIR, p. 4-16)
2.2 HAZARDS AND HAZARDOUS MATERIALS
Impact HHM-1: Use or Transport of Hazardous Materials
Implementation of the General Plan and Zoning Ordinance will result in the development of new
uses which could increase the amount of hazardous materials used and transported within the
planning area. However, the square footage of industrial buildings citywide is anticipated to
decrease by approximately 1.2 million square feet over the life of the General Plan. Also, the
current regulatory environment, especially the City's Environmental Health Department, provides
a high level of protection from the release of hazardous materials manufactured within,
transported to, and stored within the planning area. Impact will be less than significant.
Finding for Impact HHM-1
No significant impact will result with respect to the use or transport of hazardous materials, and
no mitigation is required. (Final PEIR, p. 4-23) However, the City has included the following in the
Final PEIR to reflect current practices that will continue with adoption of the General Plan and
Zoning Ordinance: ,
H-1. The City will continue to implement the provisions of City ordinances to provide for the
business occupancy inspection program and the regular inspection of businesses involved
in the production, storage, handling, disposal, treatment, emission, discharge, or recycling
of hazardous materials. Such activity will be funded as part of the City's annual budgeting
process, special tax, and/or will be funded as a fee program.
Impact HHM-2: Hazardous Materials near Schools, Hospitals, and Residential Assisted
Care Facilities
Schools, hospitals, and residential assisted care facilities can be difficult to evacuate during a
hazardous materials emergency. As such, these uses could potentially be impacted by a
hazardous materials release. While the project will not directly involve any activity that emits
hazardous emissions or handles hazardous or acutely hazardous materials, substances, or
waste, policies and land use regulations will allow businesses which could have such
characteristics to locate within one -quarter mile of schools, hospitals, and residential assisted
care facilities. While the project will not change existing land use policy and practices and the
City of Vernon Environmental Health Department will continue to regulate businesses that store
or use hazardous materials, impact could be potentially significant at the individual project level,
depending upon the type of new business.
Finding for Impact HHM-2
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant effects on the environment. The following mitigation measure
has been incorporated into the General Plan Implementation Program and is included in the
Mitigation and Monitoring Program for the Final PEIR:
H-2. At the time any new or revised Hazardous Materials Business application is received for a
location within one -quarter mile of any residence, school, hospital, residential assisted care
facility, or similar use (whether such sensitive uses are located within the City or outside its
boundaries), or greater distance as may be determined by the Director of Environmental
Health Department for particular business types, the City will review the application and
determine whether a Health Risk Assessment (HRA) is required pursuant to State law or
City ordinance 961 to address any potential impacts to these uses. If an HRA is deemed
appropriate and further, if the HRA identifies potential risks associated with the business
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Statement of Overriding Considerations
activity ,relative to proximity to the residence, school, hospital, residential assisted care
facility or similar use, the City shall ensure that action is taken to address such risk. The
action may consist of:
• Denying the application within the limits of the Code of the City of Vernon, or
• Requiring the business operator to incorporate preventative or ameliorative measures
into the business processes or activities to lower the risk to acceptable levels, as set
forth by federal or state regulations and policies.
With incorporation of this measure, impact will be reduced to a less than significant level. (Final
PEIR, p. 4-23)
2.3 TRANS PORTATION/TRAFFIC
Impact T-1: Transportation System Management
Long-term implementation of land use policy is anticipated to result in a decline in the amount of
industrial building space citywide by approximately 1.2 million square feet over the life of the
General Plan update. The decline will occur generally because new development will be required
to meet current parking and loading standards. Older buildings that currently cover entire lots will
be replaced with more modern development projects that provide increased off-street parking
and loading facilities. Thus, traffic volumes associated with uses in Vernon could actually
decrease over time. However, the trips generated will be dependent upon the actual industrial
uses locating in the City. For example, with adequate loading facilities, businesses with
substantial trucking activity could replace existing businesses that are constrained by a lack of
loading area. To use a conservative approach to projecting future traffic volumes for year 2030,
the traffic analysis assumed that growth in trips would occur despite an anticipated decline in
building space within Vernon. By 2030, 17 intersections are projected to become deficient — that
is, are projected to operate at LOS E or F — due largely to regional, through traffic growth and
assuming no improvements to the local roadway network.
The Circulation and Infrastructure Element includes several planned physical improvements to
the street and freeway system to accommodate future traffic volumes. These include installation
of Automated Traffic Surveillance and Control System (ATSAC) (not currently funded), the 26th
Street extension (underway), the Atlantic Boulevard bridge widening (not currently funded), the
Soto Street widening (not currently funded), and Interstate 710 Freeway improvements (studies
underway). The Circulation and Infrastructure Element includes the following ;implementation
programs, which are also included in the Final PEIR as mitigation measures, to address long-
term circulation needs:
T-1. Automated Traffic Surveillance and Control System (ATSAC)
Conduct a study to determine if ATSAC would be a beneficial and cost-effective system
for the City to operate and maintain.
Agency/Department: Community Services Department, Public Works Division
Funding Source: General Fund, State Gas Tax, grants
Time Frame: Complete by 2010
T-2. Coordinate with Adjacent Jurisdictions
Continue to coordinate intersection maintenance and improvements with adjacent
jurisdictions so that intersections along Soto Street, Pacific Boulevard, Slauson Avenue,
Alameda Street, Atlantic Boulevard, Bandini Boulevard, and Downey Road operate at an
acceptable Level of Service.
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Findings of Fact and
Statement of Overriding Considerations
Agency/Department: Community Services Department, Public Works Division
Funding Source: General Fund
Time Frame: Ongoing
T-3. Coordinate with Rail Companies
Coordinate with railroad companies in removing obsolete rail spurs. Work to minimize
traffic impacts to City streets from trucks using Hobart Yard facilities and other multi -
modal transportation yards.
Agency/Department: Community Services Department, Planning and Public Works
Divisions
Funding Source: General Fund
Time Frame: Ongoing
T-4. Coordination with Metropolitan Transportation Authority
Work with the Metropolitan Transportation Authority (Metro) to achieve the following:
• Implement the Metro's Congestion Management Plan (CMP) within the City.
• Continue to provide local and regional connections through Metro local and rapid bus
lines.
■ Improve access to local Metro stations.
Agency/Department: Community Services Department, Public Works Division
Funding Source: General Fund
Time Frame: Ongoing
T-5. Minimize Parking Impacts
Work with businesses to develop creative strategies and solutions to address parking
shortages. Require new development projects to meet the minimum parking standards in
the Zoning Ordinance for both trucks and automobiles, including truck trailer storage,
employee parking, and visitor parking.
Agency/Department: Community Services Department, Planning Division
Funding Source: Development Fees
Time Frame: Ongoing
T-6. Soto Street Widening
At the time properties along Soto Street are redeveloped or as otherwise dictated by City
plans for the widening of Soto Street, require the dedication of rights -of -way to achieve
the road standard for Soto Street established in the Circulation and Infrastructure
Element. Complete the road widening project at the time adequate rights -of -way have
been acquired and/or dedicated.
Agency/Department: Community Services Department, Planning and Public Works
Divisions
Funding Source: State Gas. Tax, grants; General Fund
Time Frame: Ongoing for dedication; complete widening by 2015
T-7. Interstate 710 Freeway Improvements
Work with Caltrans on all plans, activities, and projects regarding Interstate 710 that may
directly impact Vernon's roadway facilities and traffic patterns. Coordinate with the
Gateway Cities Council of Governments and Southern California Association of
Governments with studies and programs regarding the improvements to the 1-710
freeway.
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Agency/Department: Community Services Department, Planning and Public Works
Divisions
Funding Source: General Funds; Redevelopment Fund
Time Frame: Ongoing
T-8. Other Improvements
At Santa Fe Avenue and 38th Street, stripe an eastbound left -turn lane within existing
right-of-way to provide additional intersection capacity.
Agency/Department: Community Services Department, Public Works Division
Funding Source: General Fund
Time Frame: By mid 2010
Funding for T-1 and T-6 has not been identified. Caltrans is responsible for implementing T-7.
Local rail companies have lead jurisdiction for T-3. The City of Vernon cannot restrict or control
regional traffic growth on Vernon streets. For these reasons, impacts on the traffic roadway
system will be significant after mitigation.
Finding for Impact T-1
Specific economic and legal considerations make infeasible the mitigation measures identified in
the Final PEIR.
Facts in Support of Finding T-1
The City of Vernon budgets for road system improvements as part of its five-year Capital
Improvement Program (CIP). At this time, none of the following local roadway improvements is
identified in the CIP:
• Citywide ATSAC
• Soto Street widening
Thus, economic considerations make the mitigation measures currently infeasible, although
consistent with the long-range nature of the General Plan, the City will plan for such
improvements in future CIPs.
With regard to 1-710 improvements, these improvements are the responsibility of Caltrans. Thus,
legal considerations make mitigation measure T-7 infeasible for the City to implement. However,
consistent with the long-range nature of the General Plan, the City will continue to participate in
regional efforts to achieve needed improvements, including participation on the Project
Committee, Technical Advisory Committee, and Corridor Advisory Committee.
Impact T-2: Off -Street Parking and Loading
The project includes revising the Zoning Ordinance to address existing nonconforming off-street
parking and loading conditions that impact City streets. Techniques the City will implement over
time Ito minimize congestion that results from on -street parking and undersized or poorly
configured loading facilities include:
1) Restricting truck movements at key intersections and along key road segments;
2) Allowing for development of shared parking facilities;
3) Establishing parking restrictions along key travel corridors; and
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4) Requiring that parking and loading comply with revised zoning code requirements
whenever substantial property modifications, including any increase in square
footage, are made and whenever a building has been vacant for over two years.
Implementation of the regulations over time will have a beneficial impact on current conditions.
(Final PEIR, p. 4-39)
Finding for Impact T-2
No significant impact related to parking and loading will result, and no mitigation is required.
(Final PEIR, p. 4-39)
2.4 UTILITIES AND SERVICE SYSTEMS
Impact USS-1: Domestic Water Supply
The types of new industrial and commercial users and their associated water demands cannot be
stated, as the revised Zoning Ordinance allows for industrial uses by right and a number of
industrial and commercial enterprises subject to Conditional Use Permit approval. For the
purposes of analysis of long-term water demand, the analysis in the PEIR assumed that the mix
of future uses is expected to be similar to that which exists today. Thus, given this assumption
and the fact that the total amount of development in Vernon is anticipated to decrease by
approximately 1.2 million square feet over the long term, the future demand for domestic water is
not anticipated to increase beyond current levels. Also, new development will include modern,
more efficient plumbing fixtures.
The General Plan Circulation and Infrastructure Element includes the following goals and policies
related to water supply and service:
Goal CI-3: Maintain the water supply system to meet both normal demand and
emergency needs in the entire City.
Policy CI-3.1: Periodically evaluate the entire water supply and distribution systems to
determine its continued adequacy and to eliminate deficiencies or enhance
service.
Policy CI-3.2: Require that all new development or expansion of existing facilities bear the cost
of providing adequate water service to meet the increased demand which it
generates.
Policy CI-3.3: ' Implement the programs and policies contained in the City's Urban Water
Management Plan including particularly those related to reliability, planning, and
conservation and reuse.
Impact will be less than significant. (Final PEIR, p. 4-46)
Finding USS-1
No significant impact related to domestic water supply will result, and no mitigation is required.
(Final PEIR, p. 4-46)
Impact USS-2: Solid Waste
The City anticipates that the overall amount of development in Vernon will decrease by
approximately 1.2 million square feet over the life of the General Plan update. The types of new
industrial and commercial users and their associated solid waste generation cannot be stated, as
the revised Zoning Ordinance allows for industrial uses by right and a number of industrial and
commercial enterprises subject to Conditional Use Permit approval. For the purposes of long-
term solid waste generation, the PEIR assumed that the mix of future uses will be similar to that
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Findings of Fact and
Statement of Overriding Considerations
which exists today. Thus, given this assumption and the fact that the total amount of development
in Vernon is anticipated to decrease over the long term, the level of solid waste generation is not
expected to change. Impact will be less than significant.
Finding USS-1
No significant impact related to solid waste will result, and no mitigation is required. (Final PEIR,
p. 4-49)
2.5 NOISE
Impact N-1: Land Use Compatibility and Future Noise Levels
Vernon land use policy and the revised Zoning Ordinance prohibit the introduction of any new
noise -sensitive uses (for example, residences, private schools, day-care facilities, hospitals) into
the City.
Goal N-2 Incorporate noise and vibration considerations into land use planning
decisions.
Policy N-2.1 Consider the noise levels likely to be produced by any new or substantially
expanded businesses locating near existing noise -sensitive uses such as
schools, community facilities, and residences, as well as adjacent to established
businesses involving vibration -sensitive activities.
Policy N-2.2 Encourage acoustical design in all new construction.
Policy N-2.3: Prohibit the establishment of any new noise -sensitive land uses in Vernon,
including but not limited to residences, private schools, day-care facilities, and
community facilities.
Thus, the City does not anticipate that any new noise/land use conflicts within Vernon will arise
over the life of this General Plan update. The Zoning Ordinance includes new noise regulations
that establish limits for noise levels. The General Plan Implementation Program has incorporated
the following mitigation measure from the PEIR:
N-1. Noise Regulations
Continue to enforce City noise regulations contained in the Zoning Ordinance to protect
residents and school children from excessive noise levels associated with stationary
noise sources. Periodically evaluate regulations for adequacy and revise, as needed, to
address community needs and changes in legislation and technology.
Agency/Department:
Funding Source:
Time Frame:
Community Services
Department
General Fund
Ongoing
Department, Environmental Health
With continued application of these policies and the implementation program, impact will be less
than significant. (Final PEIR, p. 4-64)
Finding N-1
No significant impact related to land use/noise compatibility will result, and no mitigation is
required. (Final PEIR, p. 4-64)
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Statement of Overriding Considerations
Impact N-2: Industrial Noise and Ground -borne Vibrations
Implementation of land use policy and revised zoning regulations will allow potentially noise -
intensive industrial businesses to locate throughout the City, including adjacent to or in close
proximity to existing residences or schools that are located within Vernon or in adjacent
communities. To protect such uses from potentially excessive noise levels, the Zoning Ordinance
requires a Conditional Use Permit if projected noise levels exceed the standards. Permitted noise
levels by projects within Vernon are lower within one -tenth of a mile of residences and schools,
whether such sensitive receptors are located within Vernon or in adjacent communities. As part of
the Conditional Use Permit process, the City may deny the permit or require acoustical studies
and, as appropriate, noise mitigation measures. The following measure has been included in the
Implementation Program:
N-2.. Siting of New Businesses and Activities near Noise -Sensitive Land Uses
Review all development proposals and building permits within the City to determine
whether the proposed use has the potential to exceed City noise standards. The City's
standards are lower at locations within one -tenth of a mile of existing residences and
schools. As appropriate, require acoustical analyses for all such development and
activities near such uses, and determine if mitigation measures are required. Require
property and business owners to implement mitigation to achieve City noise standards.
Agency/Department: Community Services Department, Environmental Health
Department
Funding Source: General Fund
Time Frame: Ongoing
Implementation of this measure and Zoning Ordinance regulations will allow the City to mitigate
any potential impacts associated with individual projects on a case -by -case basis.
Implementation of the revised Zoning Ordinance will reduce impact to a less than significant level.
(Final PEIR, p. 4-63)
With regard to ground -borne vibrations, a variety of new industrial businesses could locate in the
City, many of which could involve industrial processes that produce vibrations measurable
beyond the property line. Article IV, Section 26.4.1-6 of the Zoning Ordinance addresses such
vibrations and guards against one business adversely impacting another. Thus, impact will be
less than significant. (Final PEIR, p. 4-63)
Finding N-1
No significant impact related to noise associated with new businesses and existing noise -
sensitive land uses will result, and no mitigation is required. (Final PEIR, p. 4-64)
2.6 CUMULATIVE EFFECTS
Impact — Cumulative Projects
The Final PEIR examined the long-term effects of the project combined with the impacts
associated with other known projects in the immediate region, defined to be the cities of
Huntington Park, Commerce, Bell, Maywood, and Los Angeles, and a portion of unincorporated
Los Angeles County within the City of Vernon's sphere of influence. The analysis determined that
cumulatively, the project and so-called related projects would result in significant, unavoidable
impacts relative to air quality, traffic on local streets and freeways, and utilities (landfill capacity).
Finding — Cumulative Projects
Specific economic, legal, and jurisdictional considerations make infeasible any mitigation
measures or alternatives identified in the Final PEIR.
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Facts in Support of the Finding — Cumulative Projects
The cumulative impacts result from the combined actions of cities and other jurisdictions
throughout the region. The Vernon General Plan includes many policies that express the City's
commitment to contribute to regional efforts to improve air quality and traffic conditions, including:
POLICY CI-1.7: Encourage the continued improvement of services provided by the Los
Angeles County Metropolitan Transit Authority to Vernon and adjacent cities to provide good
access from home to job and job to home for persons employed in Vernon.
POLICY CI-1.8: Encourage the use of ride sharing and public transit for persons employed in
the City to reduce traffic congestion and the need for off-street parking in the City.
POLICY CI-1.9: Continue to work with Caltrans and neighboring jurisdictions to improve the
Atlantic/Bandini/1-710 intersection and to make improvements to the 1-710 Freeway, including
direct truck ramps to the rail yards and exploring the potential for adding an interchange at
Slauson Avenue to improve access to the City.
POLICY R-1.2: Support the use of energy -saving designs and equipment in all new
development and reconstruction projects.
GOAL R-2
Contribute to the continued gradual improvement of air quality in the South Coast Air
Basin.
POLICY R-2.1: Coordinate and cooperate with the South Coast Air Quality Management
District and Southern California Association of Governments in efforts to implement the
regional Air Quality Management Plan.
POLICY R-2.2: Encourage and facilitate the use of public transportation to reduce emissions
associated with automobile use.
POLICY R-2.3: Continue to expand the number of City -owned alternative fuels vehicles,
hybrid vehicles, and other energy -efficient vehicles as they may be available.
POLICY R-2.4: Maximize the amount of clean electrical power produced while minimizing
emissions from power production plants.
With regard to diminishing landfill capacity, all jurisdictions are required to comply with the
California Integrated Waste Management Act (AB939) to reduce waste stream volumes.
While Vernon will continue to fulfill its responsibilities relative to minimizing impact on the street
network and freeways, reducing pollutant emissions, and minimizing the volumes of solid waste
that enter regional landfills, Vernon has no ability or authority to pursue specific actions that would
ensure other jurisdictions do the same.
2.7 GROWTH -INDUCING EFFECTS
Long-term implementation of land use policy is anticipated to result in a decline in the amount of
industrial building space citywide by approximately 1.2 million square feet over the life of the
General Plan update. The decline will occur generally because new development will be required
to meet current parking and loading standards. Older buildings that currently cover entire lots will
be replaced with more modern development projects that provide sufficient off-street parking and
loading facilities. Further, policy set forth in the Housing Element prohibits the construction of any
new housing in recognition of the hazards of locating in proximity to industrial uses. As such, the
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project is not anticipated to have growth -inducing impacts. However, Vernon is currently
considering a proposal to develop a new power plant.. The availability of increased amounts of
power could allow for construction of power -intensive developments. .
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Section 3. Impacts Considered in the Initial Study but Found not
to Be Potentially Significant
The City conducted an Initial Study dated May, 2007 for the purpose of determining whether the
project would result in potentially significant environmental impacts. The analysis in the Initial
Study concluded that potentially significant impacts would result relative to air quality, hazards
and hazardous materials, transportation/traffic, water supply and solid waste, and noise. These
impacts were examined in the PEIR, with the conclusions made in the Final PEIR as presented in
Section 2 of this document.
The Initial Study further concluded that no potentially significant impacts or less than significant
impacts would result relative to:
Aesthetics
• Agricultural Resources
• Air Quality: Air Quality Plan, objectionable odors
• Biological Resources
• Cultural Resources
• Geology and Soils
• Hazardous Materials: Airport Land Use Plan hazards, airstrip safety hazards, impair
implementation or interfere with an adopted emergency response plan, and exposure to
wildland fires
• Hydrology and Water Quality: Violate water quality standards, alter existing drainage
pattern resulting in flooding or erosion, create or contribute to runoff water, degrade water
quality, place housing or structures within a 100-year flood hazard area, expose people to
loss related to failure of dam or levee, inundation by seiche, tsunami, or mudflow
• Land Use and Planning
• Mineral Resources
• Noise: Expose people to substantial airport noise proximate to airport land use plan or
airstrip
• Population and Housing
• Public Services
• Recreation
• Transportation and Traffic: Result in a change in air traffic patterns or substantially
increase hazards due to design features, increase hazards due to design feature, result
in inadequate emergency access, parking capacity, and conflict with policies supporting
alternative transportation.
• Utilities: Exceed wastewater treatment requirements, result in construction of new or
expanded water treatment facilities, result in construction of new or expanded storm
water drainage facilities, service provider determination of adequate capacity to serve
project, comply with regulations related to solid waste
The analysis and findings relative to the above environmental issues areas are contained in the
Initial Study, which is included as Appendix A of the Final PEIR, and are incorporated herein by
reference.
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Statement of Overriding Considerations
Section 4. Findings on Project Alternatives Considered in the
Environmental Impact Report
The Alternatives section of the PEIR was prepared in accordance with CEQA Guidelines Sections
15126(d), which requires the analysis of a reasonable range of alternatives capable of
eliminating or reducing significant adverse environmental effects of the proposed project. The
Alternatives section contains an analysis of the effects of the following alternatives:
1) No Project/Existing General Plan
2) Additional Railway/Road Grade Separations
3) Zoning Provisions to Permit Warehousing Citywide
ALTERNATIVE 1. NO PROJECT/EXISTING GENERAL PLAN
The purpose of analyzing a No Project Alternative is to allow decision -makers to compare the
impacts of approving the proposed project to the impacts of not approving the proposed project.
Alternative 1 defines the No Project Alternative to be the existing General Plan. This alternative
assumes that the General Plan update and revised Zoning Ordinance would not be adopted and
implemented. Instead, the Vernon planning area would continue to be redeveloped according to
the existing General Plan land use map, and current zoning regulations would continue to apply.
In particular, the so-called 2009 Rule in the current Zoning Ordinance, which requires all
businesses that have nonconforming parking and/or loading facilities to achieve conformity by
year 2009, would remain in effect; the revised Zoning Ordinance eliminates this requirement.
Because the updated General Plan does not provide for any increase in permitted land use
intensities, the City assumes that trends over the last ten years of an actual decline in building
square footage citywide would continue under either current General Plan policy or the updated
General Plan. In fact, due to continued application of the 2009 Rule, current zoning practices
could accelerate the removal of older buildings and their replacement with new facilities with
reduced square footage and lot coverage, as those new facilities would be required to provide
parking and loading facilities consistent with current zoning regulations.
The No Project alternative has the potential to accelerate privately initiated reuse and
redevelopment activity due to the application of the 2009 Rule and thereby, possibly to reduce
overall building area in Vernon. Reduced development citywide, depending upon the types of
new industrial uses actually established, has the potential to reduce vehicle trips and associated
air pollutant emissions. Also, reduced overall development could decrease demand for potable
water, unless a substantial number of new businesses consisting of food processing or other
industrial processes that have intensive water use locate in the City. The extent of businesses
using or storing hazardous materials could be expected to remain, again depending upon the
individual new businesses established in Vernon over the long term. In general, the overall level
of impact could be slightly lower than that associated with the proposed project.
Benefits of the proposed General Plan and Zoning Ordinance that would not be achieved with this
alternative include:
• Long-term circulation system improvements, and specifically the widening of Soto Street
and establishment of an ATSAC system to improve traffic flow.
• Flexibility in the application of parking and loading standards for non -conforming
business, thus permitting existing businesses to operate at current full capacity.
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• Comprehensive review of potential noise impacts of new businesses locating within
proximity of existing residential uses, Vernon Elementary School, and schools in adjacent
communities.
• Inclusion of policies to address AB32 regarding greenhouse gas emissions reductions.
Finding
Specific legal, economic, and public health and safety considerations make this alternative
infeasible.
Facts in Support of the Finding
The City has no policies in place to support the widening of Soto Street, which currently has
several intersections that operate at level of service D, E and F (Final PEIR, p. 4-31), and that will
be impacted by long-term regional growth. (Final PEIR, p. 4-34) Also, no policies are in place to
encourage establishment of an ATSAC system. The widening Soto Street and ATSAC
improvements will enhance traffic flow and thereby contribute to reduced congestion and
relatively reduced air pollutant emissions.
Application of the 2009 Rule would force many businesses to reconfigure properties to achieve
parking and loading standards and thus invest substantially in property improvements, which in
specific cases could create economic hardships for businesses. Adoption of the proposed
updated General Plan and revised Zoning Ordinance will allow the City to implement policies that
are more business -friendly with regard to providing flexibility in the gradual elimination of
nonconforming parking and loading conditions.
The revised Zoning Ordinance includes new noise regulations that require noise assessments
and targeted mitigation, where deemed to be needed, for new businesses locating near
residences and elementary schools. Application of these regulations will enhance public health
and safety.
Based on these facts and findings, the City rejects adoption of this alternative.
ALTERNATIVE 2. ADDITIONAL RAILWAY/ROAD GRADE SEPARATIONS
Many rail lines cross streets in Vernon at grade, with frequent train activity between the ports of
Los Angeles and Long Beach largely serving the Hobart Yard and other regional cargo
redistribution facilities. Intense rail activity historically has created rail/roadway conflicts in
Vernon. However, with completion in 2002 of the Alameda Corridor, a 20-mile-long rail cargo
expressway that separates freight traffic from passenger trains and street traffic, the City has
experienced a substantial decrease in rail traffic and associated congestion within Vernon.
As traffic has been identified as the key environmental impact in the PEIR, this alternative
considers including specific policies in the General Plan Circulation and Infrastructure Element to
pursue rail/road grade separations at Bandini Boulevard/Downey Road, Pacific Avenue, Vernon
Avenue, and District Boulevard/Downey Road. The Element includes the following policy, which
is non-specific regarding grade separations to be pursued:
POLICY CI-1.6: Continue to pursue grade separation for railroad crossings on
designated streets.
The City has not conducted an analysis of the effects of providing grade separations at the above
locations. However, such improvements would have the potential to improve traffic flow and
possibly result in reduced air pollutant emissions due to reduced vehicle idling time while waiting
for trains to cross roadways. With this assumption, traffic and air quality impacts associated with
Vernon General Plan and Zoning Ordinance Update 16
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Alternative 2 would be expected to be reduced relative to the proposed project. With regard to
hazards, increased grade separations would reduce the risk of train/roadway vehicle accidents at
those locations where separations would be provided. Risk of upset would be slightly reduced.
With regard to water use and landfill capacity, grade separations would have no effect. (Final
PEIR, p. 5-3)
Finding
Specific legal and economic considerations make this alternative infeasible.
Facts in Support of the Finding
The City has not identified funding for any grade separations in its current CIP. Also, responsible
rail companies have not identified or funded any separations to be accomplished.
Based on these facts and findings, the City rejects adoption of this alternative.
ALTERNATIVE 3. ZONING PROVISIONS TO PERMIT WAREHOUSING
CITYWIDE
Existing zoning regulations allow for warehousing facilities to locate throughout the City, with the
size of non -refrigerated warehouses limited to 50,000 square feet in the M Zone. Many
warehouses function as storage facilities, with a limited number of employees and most of the on -
site space occupied by storage. Historically, existing warehousing uses, with use of heavy trucks
on local streets, have strained the street infrastructure. In response, the City instituted a parcel
tax of 20 cents per square foot for non -refrigerated warehousing uses. The tax is applicable to all
parcels of real property used or designed for use as a warehouse, truck terminal, freight terminal,
railroad facility, or other distribution facility.
At the time of preparation of the Draft PEIR, the draft revised Zoning Ordinance included a
provision stating that no new warehousing facilities would be permitted (other than refrigerated
and cold storage), but existing warehousing would be able to remain without abatement, so long
as no significant improvements were made and no vacancy for over two years occurred. In
response to input received from the business community, the City has prepared alternative
warehousing regulations for consideration by the City Council. The alternative regulations would
allow all warehousing facilities of unlimited size to locate anywhere in the City. The parcel tax
would remain in place to assist the City with infrastructure maintenance and improvements.
Because this alternative would not change permissible floor -area ratios or other development
standards, a comparable amount of development would occur pursuant to the alternative relative
to the proposed project. Thus, air pollutant emissions and associated impacts would be
equivalent. Diesel trucks are a major contributor to PM2.5 concentrations, and additional
warehousing uses could increase the number of diesel trucks on local roads, thereby increasing
the area's PM2.5 concentrations. This increase, however, is anticipated to be fairly small, as many
of the industrial uses are also served by heavy-duty diesel trucks. Overall, local and regional air
quality impacts would be equivalent under this alternative.
Much of the warehousing in Vernon is facilitated by the use of heavy-duty trucks delivering
products to and from the warehouse. Because this is the functional nature of warehousing and
other industrial uses may not require as much direct trucking, the impact on the transportation
system may be slightly increased with the allowance of warehouses citywide. Additionally, many
of the parcels in Vernon do not have sufficient facilities for parking and the loading of large trucks.
As trucks load in unapproved locations, localized impact on traffic congestion could increase.
Finding
The City finds that Alternative 3 represents an acceptable alternative, as it would represent
continued application of current land use regulations related to warehousing. Any new
Vernon General Plan and Zoning Ordinance Update 17
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Findings of Fact and
Statement of Overriding Considerations
warehouses constructed will be required to meet new parking and loading standards set forth in
the revised Zoning Ordinance.
Vernon General Plan and Zoning Ordinance Update 18
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Findings of Fact and
Statement of Overriding Considerations
Section 5. Implementation Schedule
Given the long-term nature of General Plan implementation and enforcement of Zoning
Ordinance regulations, the mitigation measures set forth in Section 2 of this document and
documented in the Final PER will be implemented over time as needed to address incremental,
cumulative increases in traffic volumes and associated air pollutant emissions, and to ensure new
businesses meet noise regulations.
Vernon General Plan and Zoning Ordinance Update 19
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Findings of Fact and
Statement of Overriding Considerations
Section 6. Statement of Overriding Considerations
The California Environmental Quality Act requires the lead agency to balance the benefits of the
project against its unavoidable environmental risks in determining whether to approve the project.
If the benefits outweigh the unavoidable adverse effects, those effects may be considered
"acceptable" (CEQA Guidelines Section 15093[a]). However, CEQA requires the agency to
support, in writing, the specific reasons for considering a project acceptable when significant
impacts are infeasible to mitigate. Such reasons must be based on substantial evidence in the
Final PEIR or elsewhere in the administrative record (CEQA Guidelines Section 15093[b]). The
agency's statement is referred to as a "Statement of Overriding Considerations."
The City anticipates approving the updated General Plan and revised Zoning Ordinance and has
prepared a Final PEIR that satisfies CEQA requirements. The cumulative air quality, traffic; and
solid waste impacts associated. with project adoption and implementation are considered
significant and unavoidable, based on the findings contained in the Draft PEIR, Final PEIR, and
Mitigation and Reporting Monitoring Program, and the findings presented in Section 2 of this
document.
The City finds that economic, legal, social, technological, public health and safety, and other
benefits of the proposed project, including the provision of employment opportunities for highly
trained workers, outweigh the unavoidable adverse environmental effects of the project, and the
adverse environmental effects are considered acceptable when these project benefits are
considered.
The following specific benefits of the project will outweigh the significant adverse environmental
effects identified in the Final PEIR.
Long-term Fiscal Stability and Diversity of Jobs. Implementation of Land Use
Element policies and application of Zoning Ordinance provisions will allow the City to
maintain a strong tax base and thereby provide for long-term fiscal stability. Land use
policies and zoning regulations will allow Vernon to continue to be an exclusively
industrial city, where diverse businesses provide jobs for skilled workers in varied
industries. As an exclusively industrial city, Vernon fills a unique role in the region as a
location where industrial businesses are welcomed.
2. Increased Regulation of Businesses Locating near Residences and Schools. The
General Plan includes policies, implemented through the Zoning Ordinance, that require
new businesses locating within one -tenth of a mile of residences and schools — both in
Vernon and adjacent cities — to maintain noise at levels that will not adversely affect
conditions at these sensitive receptors.
Prohibition on New Residences. General Plan land use policy, implemented through
the Zoning Ordinance, prohibits the establishment of any new housing units in Vernon.
This provision will further Vernon's objective to be an exclusively industrial city and will
keep any new residences from locating in potentially hazardous areas.
4. Legally Adequate General Plan. The updated General Plan contains all components
required by State law and establishes a clear framework for decision -making.
5. Zoning Ordinance Consistent with the General Plan. By completing update of the
General Plan and Zoning Ordinance simultaneously, full consistency between the two
can be achieved, and the Zoning Ordinance can serve as an effective tool for
implementing goals and policies contained in the General Plan.
Vernon General Plan and Zoning Ordinance Update 20
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EXHIBIT B
ENVIRONMENTAL MITIGATION MONITORING
AND REPORTING PROGRAM
CITY OF VERNON
GENERAL PLAN AND ZONING ORDINANCE UPDATE
Pursuant to Sections 15091 and 15093 of the State CEQA Guidelines and
Section 21081, et seq., of the Public Resources Code
Related Environmental Documentation:
Final Environmental Impact Report
(State Clearinghouse No. 2007061031)
Date of Adoption by the Vernon City Council:
Project Files May Be Reviewed at:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
November 15, 2007
01910/0018 165821.1
Environmental Mitigation Monitoring
and Reporting Program for the
Vernon General Plan and Zoning Ordinance Updates
Section 1: Authority
This Environmental Mitigation Monitoring and Reporting Program has been prepared pursuant to
Section 20181.6 of the California Environmental Quality Act, known as CEQA (Public Resources
Code Section 20111 et seq.), to provide for the monitoring of mitigation measures .required for the
updated Vernon General Plan and revised Zoning Ordinance (referred to herein as "the project"),
as set forth in the Final Program Environmental Impact Report (Final PEIR) prepared for the
project. This Mitigation Monitoring and Reporting Program will be kept on file in the office of the
City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058.
Section 2: Monitoring Schedule
City staff will monitor compliance with the provisions of this program. City staff will prepare or
cause to be prepared reports identifying compliance with mitigation measures. Such reports may
consist of, as appropriate, annual General Plan monitoring reports submitted to the Office of the
Governor, Office of Planning and Research.
Section 3: Changes to Mitigation Measures
Any substantive change in the monitoring and reporting plan made by City staff shall be reported
in writing to the City Council. Modifications to the mitigation measures may be made by City staff
subject to one of the following findings, documented by evidence included in the record:
a. The mitigation measure included in the Final PEIR and the Mitigation Monitoring and
Reporting Program is no longer required because the significant environmental impact
identified in the Final EIR has been found not to exist, or to occur at a level which makes
the impact less than significant as a result of changes in the project, changes in
conditions of the environment, or other factors.
OR
b. A modified or substitute mitigation measure to be included in the Mitigation Monitoring
and Reporting Program provides a level of environmental protection equal to or greater
than that afforded by the mitigation measure included in the Final PEIR and the Mitigation
Monitoring and Reporting Program; and
The modified or substitute mitigation measures do not have significant adverse effects on
the environment in addition to or greater than those which were considered by the City
Council and other responsible hearing bodies in their decisions on the Final PEIR and the
proposed project; and
The modified or substitute mitigation measures are feasible, and the City, through
measures included in the Mitigation Monitoring and Reporting Program or other City
procedures, can assure their implementation.
Vernon General Plan and Zoning Ordinance 1 Mitigation Monitoring and Reporting Program
01910/0018 165821.1
Section 4: Support Documentation
Findings and related documentation supporting the findings involving modifications to mitigation
measures shall be maintained in the project files with the Mitigation Monitoring and Reporting
Program, and shall be made available to the public upon request.
Section 5: Format of Mitigation Monitoring Matrix
The implementation program on the following page identifies the environmental issue areas for
which monitoring is required, the required mitigation measures, the time frame for monitoring, and
responsible monitoring agencies.
Vernon General Plan and Zoning Ordinance 2 Mitigation Monitoring and Reporting Program
01910/0018 165821.1
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: December 18, 2007
TO: Lewis Pozzebon, Director of Environmental Health
Mark Whitworth, Fire Chief
Kevin Wilson, Director of Community Services & Water
FROM: Nelly Giron, City Clerk
RE: Resolution No. 9483 - A Resolution of the City Council of
the City of Vernon Certifying the Final Environmental Impact
Report For the City of Vernon General Plan and Comprehensive
Zoning Code and Making Findings, Statements of Fact,
Adopting A Statement of Overriding Considerations and an
Environmental Mitigation Monitoring and Reporting Program
Transmitted herewith is a copy of Resolution No. 9483 referenced
above, which was approved by City Council on December 3, 2,007.
Thank you.
NG:dr
c: Resolution No. 9483