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Resolution No. 2015-015 (4)City of Vernon Focused General Plan and Zoning Ordinance Update Findings of Fact and Statement of Overriding Considerations SCH 2O07061031 March 2015 City of Vernon This document is designed for double -sided printing to conserve natural resources. Table of Contents 1 Findings of Fact......................................................................................................................................................3 2 Findings on Significant and Unavoidable and Potentially Significant Impacts........................................................5 3 Impacts Considered in the Initial Study but Found not to be Potentially Significant................................................9 4 Findings on Project Alternatives Considered in the Environmental Impact Report...............................................11 5 Implementation Schedule.....................................................................................................................................15 6 Statement of Overriding Considerations...............................................................................................................17 Supplemental Environmental Impact Report Table of Contents This Page Intentionally Left Blank Focused General Plan and Zoning Ordinance Update Findinas of Fact Introduction and Purpose The proposed project addressed in these Findings of Fact is the City of Vernon Focused General Plan and Zoning Ordinance Update. The California Environmental Quality Act (CEQA) Statutes (Public Resources Code Sections 21000 through 21178), Section 21081 requires the Lead Agency (City of Vernon) to issue written findings for significant impacts identified in the Environmental Impact Report (EIR), accompanied by a brief rationale for each finding. Section 15091 of the CEQA Guidelines states that: "(a) No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant environmental 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: The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such 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 considerations for 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 overriding economic, legal, social, technological or other benefits of the project outweigh the significant effects on the environment." In accordance with Section 21081 of the CEQA Statutes, whenever significant impacts cannot be substantially mitigated and remain unavoidable, the benefits of the proposed project must be balanced against the unavoidable environmental consequences in determining whether to approve the proposed 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 that are identified in the EIR, but are not substantially mitigated. This document sets forth the City of Vernon's Findings and Statement of Overriding Considerations, pursuant to Section 21081 of the CEQA Statutes, as supported by substantial evidence in the record. Project Description The proposed project is the adoption and implementation of a focused updated to the City of Vernon General Plan, referred to herein as the General Plan, and the adoption of focused amendments to the City of Vernon Zoning Ordinance. The project consists of several components: Update the Land Use Element to expand the locations where commercial uses and trucking and freight terminals can be established in the City. Supplemental Environmental Impact Report I Findings of Fact • Update the Land Use, Resources, Safety, and Noise Elements to comply all current State laws and to update pertinent information. • Update the Implementation Plan with new applicable policies related to the above revised policy changes. • Revise the Zoning Ordinance and Zoning Map to establish and apply a new Truck and Freight Terminal Overlay (TF) to over approximately 1,065 acres of land zoned for industrial use. • Revise the Zoning Ordinance and Zoning Map to replace and expand the existing Commercial Overlay with the new C-1 and C-2 Commercial Overlays, with the overlay zones to be applied to approximately 281 acres and 177 acres, respectively. • Establish a new Minor Conditional Use Permit process. • Provide standards for digital billboards. • Perform additional clean-up, non -substantive revisions to the Zoning Ordinance that do not affect any prior policy directives. 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 September of 2012, and prepared and published a Notice of Preparation (NOP). The NOP was circulated for public review and comment for a 30-day review period beginning on September 13, 2012. In accordance with CEQA Guidelines Section 15163, the City, as the Lead Agency, has prepared a Supplement to the previously certified General Plan and Zoning Ordinance Update Program Environmental Impact Report (SCH No. 2007061031). Mitigation Monitoring Reporting Program As required by CEQA Statute 21081.6, a program for reporting on and monitoring mitigation measures will be adopted by the Lead Agency. Location of Documents The Draft SEIR, Final SEIR, and administrative record for the City of Vernon Focused General Plan and Zoning Ordinance Update are available for review upon request at: City of Vernon, Community Services Department 4305 South Santa Fe Avenue Vernon, California 90058 (323)583-8811 4 Focused General Plan and Zoning Ordinance Update 2 Findings on Significant and Unavoidable and Potentially Significant Impacts Discussion of Findings Where, as a result of the environmental analysis of the proposed project and the compliance with existing laws, codes, and statutes, and the identification of feasible mitigation measures, potentially significant impacts have been determined by the City to be reduced to a level of less than significant. The City has found in accordance with CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1) that "(c)hanges or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment." Such a finding is referred to herein as Finding 1. Where the City has determined pursuant to CEQA Section 21081(a)(2) and CEQA Guidelines Section 15091(a)(2) that "(t)hose 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," the City's finding is referred to as Finding 2. For the subject SEIR, this finding is not required to be made because all mitigation is under the jurisdiction of the Lead Agency. Where, as a result of the environmental analysis of the project, the City has determined that: a) even with the identification of project design features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant; or b) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact, the City has found in accordance with CEQA Section 21081(a)(3) and CEQA Guidelines Section 15091(a)(3) that "(s)pecific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report." Such a finding is referred to as Finding 3. References for discussion of environmental impacts within the SEIR are noted with each finding. Impact numbers refer to the section number and the threshold letter referenced in the SEIR where the full discussion of impacts is included. Transportation and Traffic Impacts 4.4.A and 4.4.13 Long-term implementation of land use policy, in combination with regional contributions to traffic on the local road network, as analyzed in the certified General Plan EIR, resulted in significant and unavoidable impacts. Impacts related to the addition of the Truck and Freight Overlay and the increase in the Commercial Overlay District will not be substantial when compared to the analysis provided in the certified General Plan EIR. Consistent with the certified General Plan EIR, impacts will remain significant and unavoidable. Evidence supporting the fact that the environmental effects identified in Impacts 4.4.A and 4.4.B are unavoidable is provided in Section 4.4 of the SEIR. The certified General Plan EIR identifies physical improvements to a number of roadways that will improve local and regional traffic flow. Circulation and Infrastructure Element Policy CI-1.12 and Mitigation Measure T-1, over the long term, provide for installation and maintenance of an Intelligent Transportation System (ITS) that will improve traffic flow. Implementation of these improvements is anticipated to increase circulation system performance. Other mitigation measures, listed below, were also incorporated to further reduce potential circulation system impacts related to coordinating with adjacent jurisdictions, agencies, and rail companies to minimize traffic interference. However, due to the lack of right-of-way to make additional physical improvements, lack of local control over regional system elements, and uncertainty in funding, impacts were determined to be significant and unavoidable. Implementation of the Truck and Freight Overlay and the increase in the Commercial Supplemental Environmental Impact Report 2 Findings on Significant and Unavoidable and Potentially Significant Impacts Overlay District will not be substantial when compared to the analysis provided in the certified General Plan EIR. Consistent with the certified General Plan EIR, impacts will remain significant and unavoidable. 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. 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. 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. 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. 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. 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. T-7 Interstate 710 Freeway Improvements. Work with Caltrans on all plans, activities, and projects regarding Intersection 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 on studies and programs regarding the improvements to the 1-710 freeway. T-8 Other Improvements. At Santa Fe Avenue and 381" Street, stripe an eastbound left -turn lane within existing right-of-way to provide additional intersection capacity. Finding Regarding Impacts 4.4.A and 4.4.13, the City hereby makes Finding 3 that no feasible mitigation measures or alternatives exist to mitigate the above -discussed potentially significant impacts to less -than -significant levels. Focused General Plan and Zoning Ordinance Update Findings on Significant and Unavoidable and Potentially Significant Impacts 2 Findings on Significant Impacts that Can Be Mitigated Hazards and Hazardous Materials Impacts 4.2.A, 4.2.13, and 4.2.0 Section 4.2 (Hazards and Hazardous Materials) of the SEIR identifies significant impacts involving the use, transport, and disposal of hazardous materials and wastes. The project could result in potentially a significant impact involving the use, transport, and disposal of hazardous materials, as 40 to 60 percent of all businesses in Vernon store, use, or manufacture hazardous materials to the extent that a City hazardous materials permit is required. However, pursuant to the discussion in Section 4.2 of the SEIR, any potentially significant impacts involving hazards can be reduced to a level of insignificance with mitigation and implementation of General Plan policies and actions. Accordingly, based on substantial evidence in the SEIR and the Public Record of Proceedings, the City finds and declares that, pursuant to CEQA Guidelines 15091(a), changes or alterations have been required in, or incorporated into the project which will avoid, mitigate, or substantially lessen any of the project's impacts involving hazardous materials to a less -than -significant level. Any impact involving hazards has been eliminated or substantially lessened to a level that is less than significant by virtue of the following mitigation measures as identified by the certified General Plan EIR, and incorporated into the project. 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. H-2 At the time any new or revised Hazardous Material Business application for a new business or activity is received for a location within one -quarter mile of any residence, school, hospital, residential assisted care facility, or similar use (sensitive uses may be 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 and/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 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. Mitigation Measure H-1 ensures that the City will continue to provide for the business occupancy inspection program and the regular inspection of businesses. Mitigation Measure H-2 ensures that a Health Risk Assessment will be prepared when the City deems it appropriate to address risks to any nearby sensitive receptors. Therefore, the project will have a less -than -significant impact with mitigation. Supplemental Environmental Impact Report 2 Findings on Significant and Unavoidable and Potentially Significant Impacts Finding Regarding Impacts 4.2.A, 4.2.B, and 4.2.C, the City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the project that mitigate or avoid the significant effects on the environment. Noise Section 4.3 of the SEIR analyzes the potential for significant impacts involving noise from long-term implementation of the General Plan land use plan. However, pursuant to the discussion in Section 4.3 of the EIR, any potentially significant impacts related to future development can be reduced to a level of insignificance with mitigation. The City concurs in this analysis. Accordingly, based on substantial evidence in the EIR and the Public Record of Proceedings, the City finds and declares that, pursuant to CEQA Guidelines 15091(a), changes or alterations have been required in, or incorporated into the Project which will avoid, mitigate, or substantially lessen any future impacts involving short- and long-term noise to a less than significant level. Implementation of the focused General Plan and Zoning Ordinance update may result in future development with the potential to produce noise during construction and operations. Any impacts related to noise due to future development will be analyzed on a case -by -case basis. Any impact resulting from short- and long-term noise can been substantially lessened to a level that is less than significant by virtue of the following mitigation measures, as identified by the certified General Plan EIR and incorporated into the project. 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. N-2 Siting of New Businesses and Activities near 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 one -hour noise standards. The City's standards are lower at locations near 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. Mitigation Measures N-1 and N-2 ensure that the City will continue to enforce noise regulations and review all development proposals and building permits to determine whether a proposed use has the potential to exceed City noise standards. Therefore, the project will have a less -than -significant impact with mitigation. Finding Regarding impacts related to noise, the City hereby makes Finding 1 that changes or alterations have been required in, or incorporated into, the project that mitigate or avoid significant effects on the environment. 8 Focused General Plan and Zoning Ordinance Update 3 Impacts Considered in the Initial Study but Found not to Be Potentially Significant The City conducted an Initial Study dated September 12, 2012 for the purpose of determining whether the project would result in potentially significant environmental impacts beyond those analyzed in the certified General Plan EIR. The analysis in the Initial Study concluded that, consistent with the certified General Plan EIR, 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 Supplemental EIR, with the conclusions made in the Final SEIR 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 The analysis and findings relative to the above environmental issues are contained in the Initial Study, which is included as Appendix A of the SEIR, and are incorporated herein by reference. Supplemental Environmental Impact Report 3 Impacts Considered in the Initial Study but Found not to be Potentially Significant This Page Intentionally Left Blank 10 Focused General Plan and Zoning Ordinance Update 4 Findings on Project Alternatives Considered in the Environmental Impact Report The Alternatives section of the Supplemental EIR was prepared in accordance with CEQA Guidelines Section 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 analyzes the effects of the following alternatives: 1) No Project/Existing General Plan 2) Additional railway/roadway grade separations 3) Zoning Ordinance provisions that allow warehousing facilities of less than 50,000 square feet citywide 4) No truck and freight terminal overlay 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 project. This alternative assumes that the focused General Plan and Zoning Ordinance updates would not be adopted and implemented. Instead, the development in the City would continue to occur in conformance with the current land use policy map and current zoning regulations, as described in the certified EIR. The General Plan update analyzed in the certified EIR included the establishment of a Commercial Overlay District and the elimination of the so-called 2009 Rule that required all businesses that have nonconforming parking and/or loading facilities to achieve conformity by 2009. The No Project alternative would have resulted in the continued implementation of the 2009 Rule and the General Plan land uses without the Commercial Overlay. In particular, the current Commercial Overlay would remain in effect; the focused General Plan and Zoning Ordinance updates would replace the current Commercial Overlay with two expanded C-1 and C-2 Overlays along Santa Fe Avenue, Pacific Boulevard, Soto Street north of Fruitland Avenue, East Slauson Avenue, and along the eastern boundary of the City. Also, the No Project alternative would not involve establishment of a Truck and Freight Terminal north of 37th Street west of Downey Road and north of the Los Angeles River east of Downey Road. The No Project alternative analyzed in the certified EIR 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. The certified EIR determined that depending on the types of development proposed over the long term, reduced development citywide would reduce vehicle trips and associated air emissions, and decrease demand for potable water. Vernon consists almost entirely of industrial uses, and the extent of businesses using or storing hazardous materials could be expected to remain, depending upon the individual new uses established over the long term. The SEIR concluded the overall level of impact of Alternative 1 would be slightly lower than that associated with the proposed project. The continued application of the 2009 Rule has the potential to improve traffic flow on City streets, as on -street loading activity would be prohibited and on -street parking minimized due to the enforcement of off-street parking requirements. In this regard, the No Project Alternative was considered environmentally superior to the proposed project. With regard to noise impacts, almost all local impacts are associated with regional traffic noise and rail traffic, neither of which would be expected to be affected by the No Project scenario. No change in impact would result. The General Plan Land Use plan designates the entire city as Industrial, with commercial uses allowed only within the designated Commercial Overlay and new residential uses limited to a strictly defined housing overlay area. The proposed project includes the expansion and implementation of two commercial overlay zones and the establishment Supplemental Environmental Impact Report 11 4 Findings on Project Alternatives Considered in the Environmental Impact Report of a Truck and Freight Terminal Overlay Zone. The focused General Plan and Zoning Ordinance updates do not propose any changes to underlying land use designations or building intensities. Consistent with the adopted General Plan, privately initiated reuse and redevelopment activity would result in overall reduced building area in Vernon with the enforcement of parking and setback requirements. Impacts related to air quality, hazards, noise, traffic, and utilities for the No Project alternative would be equivalent to impacts associated with the proposed project. Finding Specific economic and public health and safety considerations make this alternative infeasible. Facts in Support of the Finding New policies and zoning regulations will facilitate establishment of commercial uses in close proximity to industrial businesses, which will benefit the local economy by providing new tax -generating uses. Also, locating commercial uses in Vernon in limited areas will allow employees of industrial businesses to travel shorter distances for restaurants, goods, and services, which will reduce vehicle miles traveled and associated emissions. Establishing the Trucking and Freight Overlay will allow such uses to be established nearer the businesses and logistics centers dependent upon trucking operations. Based on these facts and findings, the City rejects adoption of this alternative Alternative 2. Additional Railway/Roadway 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, as stated in the certified General Plan EIR, the City has experienced a substantial decrease in rail traffic and associated congestion as a result of the 2002 completion of the expressway Alameda Corridor. The key environmental impact identified in the certified General Plan EIR was traffic, with delays continuing to be associated in part by rail operations. This alternative, as analyzed in the certified EIR, considers including specific policies in the General Plan to pursue rail/road grade separations at Bandini Boulevard/Downey Road, Pacific Avenue, Vernon Avenue, and District Boulevard/Downey Road. The Circulation and Infrastructure Element, which was analyzed previously in the certified General Plan EIR, 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 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, grade separations would have no effect. Finding Specific 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 Capital Improvement Program (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. 12 Focused General Plan and Zoning Ordinance Update Findings on Project Alternatives Considered in the Environmental Impact Report 4 Alternative 3. Zoning Provisions to Permit Warehousing Citywide At the time of preparation of the certified General Plan EIR, the Zoning Ordinance did not allow new non -refrigerated warehouse facilities larger than 50,000 square feet to locate anywhere in Vernon. The certified General Plan EIR examined the alternative of allowing non -refrigerated warehouse facilities of less than 50,000 square feet to be established (Alternative 3). However, since certification of the Program EIR, the Zoning Ordinance has been amended to allow warehouses uses of any size to locate within the Industrial zone, which encompasses the entire city. Therefore, Alternative 3 analyzed in the certified EIR is no longer applicable and was not discussed or analyzed further in the Supplemental EIR. Alternative 4. No Truck and Freight Terminal Overlay This alternative assumes that the proposed Truck and Freight Terminal Overlay Zone would not be established. The proposed focused General Plan and Zoning Ordinance updates provide for a Truck and Freight Terminal Overlay Zone to be applied north of 37th Street and the Los Angeles River and to encompass approximately 1,065 acres. The Vernon Zoning Ordinance defines a freight terminal as a location where goods or freight are transferred or redistributed from one vehicle to another. A truck terminal is defined as a facility used primarily for storage, maintenance, or servicing of highway -type vehicles, not limited to trucks and buses. Elimination of the Truck and Freight Terminal Overlay Zone from the proposed project has the potential to reduce traffic, air quality, and noise impacts. Freight terminals include high turnover of transported goods, resulting in increased and continuous truck trips in the area. Diesel trucks are a major contributor to PM2.5 concentrations, and truck and freight terminal uses could increase the number of diesel trucks on local roads, thereby increasing the area's PM2.5 concentrations. Overall, local and regional air quality impacts would be reduced under this alternative. Because truck and freight terminal use, if allowed, could result in additional truck traffic due to the intensive trucking operations associated with such uses, impacts on the transportation system could be slightly reduced if exclusive without truck and freight terminal uses were not allowed as proposed. The largest contributor to the ambient noise environment in Vernon is vehicle traffic, especially that of heavy-duty trucks. Noise also is associated with many of the industrial operations occurring citywide. Truck and freight terminal uses would contribute to noise from the delivery systems inherent in their operations, with large trucks driving into the City for deliveries, pick-ups, and servicing. On site, most noise is generated by loading dock operations, trucks entering and leaving the area, and mechanical equipment located both inside and outside the building. As truck and freight terminal uses may have higher levels of noise on site associated with the continuous loading and unloading of goods, noise impacts would be slightly reduced if truck and freight terminal uses were not allowed. However, given the almost exclusively industrial nature of Vernon, noise levels generally are not considered a concern. Many industrial facilities in Vernon use and store hazardous materials. Businesses are required to obtain hazardous materials permits for keeping those materials at the business. In the Industrial zone, hazardous waste facilities require a Conditional Use Permit. The uses —whether warehousing, manufacturing, or truck and freight terminal — would be subject to the same local, state, and federal regulations regarding hazardous materials. Because a similar amount and type of hazardous materials would likely be present in the planning area under this alternative, this alternative would result in a similar impact related to hazards, which is less than significant. Trucking and freight terminal uses are relatively low impact on water and solid waste systems, in comparison to many industrial uses. Industrial uses have the potential to be very water intensive, especially if water is used for cooling in an industrial process. Truck and freight terminals, by comparison, generally use less water. Additionally, because manufacturing does not occur on site with truck and freight terminal uses, the level of waste generated would be comparably less. The primary waste product from truck and freight terminal activities is likely to be packaging materials and waste from the repair and maintenance of vehicles. Overall, the impact on utilities (excluding roads) would be slightly increased if truck and terminal uses were not allowed. Supplemental Environmental Impact Report 13 4 Findings on Project Alternatives Considered in the Environmental Impact Report Finding The City finds that Alternative 4 represents an acceptable alternative, as it would represent continued application of current land use regulations and would result in slightly reduced impacts related to air quality, hazards, traffic, water, and landfills. 14 Focused General Plan and Zoning Ordinance Update 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 SEIR will be implemented over time as needed. Supplemental Environmental Impact Report 15 5 Implementation Schedule This Page Intentionally Left Blank 16 Focused General Plan and Zoning Ordinance Update 6 Statement of Overriding Considerations The California Environmental Quality Act (CEQA) requires that a Lead Agency balance the benefits of a project against its unavoidable environmental risk in determining whether to approve the project. If the benefits outweigh the unavoidable adverse effects, those effects may be considered "acceptable" pursuant to CEQA Guidelines Section 15093(a). CEQA requires that a Lead Agency support, in writing, the specific reasons for considering a project acceptable when significant impacts are infeasible to mitigate. Those reasons must be based on substantial evidence in the Environmental Impact Report (EIR) or elsewhere in the administrative record pursuant to CEQA Guidelines Section 15093(b). The Lead Agency's written reasons are referred to as a Statement of Overriding Considerations. The City will approve the City of Vernon Focused General Plan and Zoning Ordinance updates and implementing actions, and has prepared a Supplemental EIR that satisfies the requirements of CEQA. The following adverse impacts of the proposed project are considered significant and unavoidable based on the analysis in the Draft SEIR, Final SEIR, and the Findings of Fact. Impact 4.4.A and 4.4.B: Circulation System Performance. Long-term implementation of land use policy, in combination with regional contributions to traffic on the local road network, will cause an increase in traffic that will result in inadequate Level of Service. Impacts will be significant and unavoidable. The City has determined that the SEIR has identified and discussed significant effects which may occur as a result of the proposed project. With the implementation of the policies of the General Plan and mitigation measures identified in the certified General Plan EIR, these effects can be reduced to levels of less than significant except for the significant impacts identified above, consistent with the findings of the certified General Plan EIR. The City declares that, having reduced the adverse significant environmental effects of the proposed project to the extent feasible, having considered the entire administrative record on the proposed project, and having weighed the benefits of the proposed project against its unavoidable adverse impacts, the City has determined that each of the following social, economic, and environmental benefits of the proposed project separately and individually outweigh the potential unavoidable adverse impacts, and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: 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 largely an industrial city, where diverse businesses provide jobs for skilled workers in varied industries. As a city focused on industry, Vernon fills a unique role in the region as a location where industrial businesses are welcomed. 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. 3. Accommodating Limited Commercial Uses. General Plan land use policy, implemented through the Zoning Ordinance, will allow commercial uses to establish along key corridors in Vernon and provide needed goods and services for local employees. The benefits include additional tax revenues to fund City services and reduced vehicle miles traveled/associated vehicle emissions due to more localized availability of commercial goods and services. Supplemental Environmental Impact Report 17 6 Statement of Overriding Considerations 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. 18 Focused General Plan and Zoning Ordinance Update