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Resolution No. 2014-049RESOLUTION NO. 2014-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON FINDING THE CITY OF VERNON TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 WHEREAS, California Government Code Section 65089 requires the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), acting as the Congestion Management Agency for Los Angeles County, to annually determine that the County and cities within the County are conforming to all Congestion Management Program ("CMP") requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Development Report by September 1 of each year; and WHEREAS, the City Council of the City of Vernon held a noticed public hearing on August 5, 2014, at which time all interested persons were given a opportunity to be heard; and WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented respecting Vernon's conformance with the criteria in the CMP as established by the LACMTA. 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 above recitals are true and correct. SECTION 2: The City Council of the City of Vernon hereby finds that approval of the 2014 CMP Local Development Report is statutorily exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15276, which expressly exempts the preparation and adoption of a congestion management program and categorically exempt pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility that approving the report may have a significant effect on the environment. SECTION 3: The City Council of the City of Vernon finds and determines that the City of Vernon has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 2010 CMP adopted by the LACMTA Board on October 28, 2010. A. The City of Vernon has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the.CMP Transportation Demand Management chapter. B. The City of Vernon has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. SECTION 4: The City Council of the City of Vernon hereby adopts the Local Development Report ("LDR"), attached hereto as Exhibit A and incorporated by reference, and finds that it is consistent with the requirements identified in the 2010 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to forward a certified copy of this Resolution with the attached LDR to: - 2 - Attn: Stacy Alameida, Transportation Planning Manager Los Angeles County Metropolitan Transportation Authority Congestion Management Program, Mail Stop 99-23-2 1 Gateway Plaza Los Angeles, CA 90012-2952 SECTION 6: The City Clerk, or Deputy City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 5th day of August, 2014 ATTEST: M - Ana cia / Deputy City Clerk APPROVED AS TO FORM Name: W. Michael McCormick Title: Mayor / ro- �4Tic,(/L Scott E. Porter, Deputy City Attorney - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) Ana 8arcia I, ,-Eitg-C3�/ Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-49, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 5, 2014, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 71 day of August, 2014, at Vernon, California. (SEAL) &n Ana 8arcia t; rl_L / Deputy City Clerk - 4 - EXHIBIT A ITY OF VERNON Date Prepared: July 29, 2014 114 CMP Local Development Report )porting Period: JUNE 1, 2013 - MAY 31, 2014 Contact: Sergio Canales Phone Number: (323) 583-8811 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY * IMPORTANT: All ' value!" cells on this page are automatically calculated. Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Single Family Residential Multi -Family Residential Group Quarters COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON -RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000-299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government Institutional/Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non-residential sq. ft. (in 1,OC Dwelling Units 0.00 0.00 0.00 1,000 Net S .Ft 2 0.00 0.00 0.00 1.000 Net Sa.Ft.2 0.00 149.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Daily Trips 0.00 0.00 45 0 Page 1 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. CITY OF VERNON Date Prepared: Jury 2s, 2014 2014 CMP Local Development Report Reporting Period: JUNE 1, 2013 - MAY 31, 2014 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." 'ADEVELOPMENT RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 0.00 Multi -Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial less than 300,000 s .ft. 0.00 Commercial 300,000 s .ft. or more) 0.00 Freestanding Eating & Drinking 0.00 NON -RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 513.50 Office less than 50,000 s .ft. 0.00 Office 50,000-299,999 s .ft. 0.00 Office 300,000 s .ft. or more 0.00 Medical 0,00 Government 0.00 Institutional/Educational 0.00 University # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary) Daily Trips (Enter "0" if none) ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Page 2 CITY OF VERNON Date Prepared: JUIy 29, 2014 2014 CMP Local Development Report Reporting Period: JUNE 1, 2013 - MAY 31, 2014 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." ... DEVELOPMENT IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the reporting eriod. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 0.00 Multi -Family Residential 0.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Commercial less than 300,000 s .ft. 0.00 Commercial 300,000 s .ft. or more 0.00 Freestandinq Eating & Drinking 0.00 NON -RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 364.12 Office less than 50,000 sq.ft. 0.00 Office 50,000-299,999 sq.ft.) 0.00 Office 300,000 s .ft. or more) 0.00 Medical 0.00 Government 0.00 Institutional/Educational 0.00 University # of students) 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary) Daily Trips Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Page 3 CITY OF VERNON Date Prepared: July 29, 2014 2014 CMP Local Development Report Reporting Period: JUNE 1, 2013 - MAY 31, 2014 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." PART 3: EXEMPTED DEVELOPMENT ACTIVITY (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) Low/Very Low Income Housing 45 Dwelling Units High Density Residential 0 Dwelling Units Near Rail Stations Mixed Use Developments 0 1,000 Gross Square Feet Near Rail Stations 01 Dwelling Units Development Agreements Entered 0 1,000 Gross Square Feet into Prior to July 10, 1989 1 01 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged due to "calamity" 01 Dwelling Units Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake 0 Dwelling Units Total Dwelling Units 45 Total Non-residential sq. ft. (in 1,000s) 0 Page 4 Exempted Development Definitions: 1. Low/Very Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low -Income: equal to or less than 80% of the County median income, with adjustments for family size. - Very Low -Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 114 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed -use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the LDR. TRANSMITTAL COMMUNICATION 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 August 7, 2014 Stacy Alameida Transportation Planning Manager Los Angeles County Metropolitan Transportation Authority Congestion Management Program, Mail Stop 99-23-2 1 Gateway Plaza Los Angeles, CA 90012-2952 Re: CMP Local Development Report Dear Ms. Alameida: Transmitted herewith is a certified copy of Resolution No. 2014-49 that was approved by City Council on August 5, 2014. If you have any questions regarding this matter, please call Mr. Sergio Canales at (323) 583- 8811 ext. 219. Very/truly yours, Deborah R.Juarez / Records Management Assistant c: Sergio Canales S. Kevin Wilson Resolution No. 2014-49 cCusiveCy Industrid CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Ana Barcia, Deputy City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 2014-49 - A Resolution of the City Council of the City of Vernon Finding the City of Vernon to be in Conformance with the Congestion Management Program (CMP) and Adopting the CMP Local Development Report, in Accordance with California Government Code Section 65089 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this "�4 day of August 2014. SEAL: Ana Bar Depu City STAFF REPORT RECEIVED JUL 2 9 2014 RECEIVED CITY ADMINISTRA JUL 3 0 2014 CITY CLERK'S OFFICE STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTM NT DATE: August 5, 2014 TO: Honorable Mayor and City Council PREPARED BY: Sergio Canales, Assistant Planner APPROVED BY: Samuel Kevin Wilson, Director of Public Works, Water & Development RE: Resolution to Self -Certify 2014 Congestion Management Program (CMP) Local Development Report in Accordance With Government Code § 65089 It is recommended that the City Council conduct a public hearing and thereafter: 1) Find that approval of the 2014 CMP Local Development Report is statutorily exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15276, which expressly exempts the preparation and adoption of a congestion management program and categorically exempt pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility that approving the report may have a significant effect on the environment; and 2) Adopt a resolution self -certifying the City's compliance with the Congestion Management Program requirements and adopt the 2014 CMP Local Development Report in accordance with California Government Code Section 65089. BACKGROUND In 1989, the Legislature noted increasing concern that urban congestion was impacting the economic vitality of the state and diminishing the quality of life in many communities. The Legislature also noted that the planning process was not well suited to address the congestion relief. -1- As a new approach to address congestion concerns, the Legislature implemented a series of rules, centered on a Congestion Management Program (CMP). The requirements of the CMP became effective with the passage of Proposition 111 by the voters in June 1990. The Los Angeles County Metropolitan Transportation Authority (MTA) is the state -mandated Congestion Management Agency for Los Angeles County. In 1992, MTA adopted the first CMP for Los Angeles County. Since then, MTA has updated and adopted several CMPs with its most recent adoption in 2010. The CMP was created to address regional congestion problems in Los Angeles County through linkage and coordination of land use, transportation, and air quality decisions. To continue receiving Section 2105 state gas tax funds, and to remain eligible for other state and federal transportation funds, Vernon must comply with the CMP requirements. The City must hold a public hearing and thereafter adopt a resolution approving the CMP Local Development Report. The CMP Local Development Report outlines all new development and demolition activity in the City from June 1, 2013 to May 31, 2014. From these reports the MTA will be able to determine the growth of building area of residential, commercial and industrial space in the Los Angeles Basin. Attached for the City Council's consideration is a resolution authorizing the submittal of the CMP Local Development Report and self -certifying compliance with the CMP, in accordance with California Government Code Section 65089. CEOA ANALYSIS Reporting on, and establishing compliance with, a Local CMP is not subject to the California Environmental Quality Act (CEQA). According to the CEQA Guidelines, Section 15276, CEQA does not apply to the development or adoption of regional transportation improvement programs. Therefore, the project is statutorily exempt from CEQA review. It is also exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) because there is no possibility that approving the report may have a significant effect on the environment. FISCAL IMPACT Approving this action does not directly impact the city's finances. If, however the City fails to provide a report in compliance with the CMP, state gas taxes and/or other transportation funds could be withheld. Attachments: 2014 CMP Local Development Report Notice of Public Hearing Confirmation/Proof of Publication -2- City of Vernon NOTICE OF PUBLIC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 The City of Vernon will conduct a Public Hearing, which you may attend. Place: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 Date & Time: Tuesday, August, 5, 2014 at 9:00 a.m. (or as soon thereafter as the matter can be heard) The City Council of the City of Vernon will be conducting a Public Hearing regarding Vernon's conformance with the criteria in the Congestion Management Program as established by the Los Angeles County Metropolitan Transportation Authority. The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this subject. The public is also invited to submit written comments regarding the request prior to the Hearing. Review of the Tile: The documentation supporting the conclusion that Vernon is in conformance with the Congestion Management Program is available in the office of Community Services, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, CA 90058, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. If you challenge the approval of Vernon's self certification or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated:2�� 1 `Q 41K� An cia, De uty City Jerk