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HomeMy WebLinkAboutResolution No. 99-C152RESOLUTION NO. 99-C152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE MITIGATED NEGATIVE DECLARATION FOR PARKSIDE SPECIFIC PLAN 4A AND RELATED LAND USE APPROVALS (APN's 8615-016-003 and 8615-016-270) WHEREAS, an Initial Study and a Mitigated Negative Declaration has been prepared collectively for: (1) General Plan Amendment No. GPA 99-05; (2) Parkside Azusa Specific Plan 4A; (3) Zone Change Nos. Z-99-06 and Z-99-08; (4) Tentative Tract Map 52931; and (5) Precise Plan of Design No. P.-3-99-10 (collectively "Project Approvals"). WHEREAS, the City prepared the Initial Study and a Mitigated Negative Declaration in compliance with CEQA and the State CEQA Guidelines, Cal. Code of Regs., Tit. 14, section 15000, et seMc ., and the City of Azusa implementing procedures. WHEREAS, the City circulated the Initial Study and a Mitigated Negative Declaration for review by the public and other public agencies in compliance with CEQA, the State CEQA Guidelines, and the City of Azusa implementing procedures. WHEREAS, the City and the Applicant sponsored three community meetings on June 23, 1999, July 29, 1999, and October 21, 1999, to solicit input regarding the Project Approvals and to disseminate information regarding the same. WHEREAS, the City published a notice of its intention to adopt the Mitigated Negative Declaration in compliance with Public Resources Code section 21092 in the Azusa Herald on October 7, 1999, which notice also included a notice of the public hearing before the Planning Commission on October 27, 1999. WHEREAS, Charter Communications ran a summary of the notice on its electronic corkboard from October 12, 1999, through October 27, 1999. WHEREAS, the City's notice of its intent to adopt the Mitigated Negative Declaration was filed with and posted by the Los Angeles County Clerk on October 1, 1999, until November 1, 1999. WHEREAS, the City's notice of its intent to adopt the Mitigated Negative Declaration was posted on October 7, 1999, in the City Clerk's Office, the City Library, the Azusa Police Department lobby, and the West Wing of City Hall as evidenced in the declaration of posting on file in this matter. WHEREAS, the City mailed notice of its intention to adopt the Mitigated Negative Declaration in compliance with Public Resources Code section 21092 on September 30, 1999, to the contiguous landowners and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the Planning Commission on October 27, 1999. WHEREAS, the Planning Commission held a duly noticed public hearing on October 27, 1999, on the Initial Study and Mitigated Negative Declaration and on the Project Approvals, during which hearing testimony was received from residents living near the Project site in favor of the proposed Project; no testimony against the Project or against the Initial Study and Mitigated Negative Declaration was submitted. WHEREAS, the Planning Commission voted to continue the public hearing on the Initial Study and Mitigated Negative Declaration and on the Project Approvals to November 10, 1999, in order for the Planning Commission and the public to have more time to study the proposed Project and the documentation relating thereto. WHEREAS, on November 1, 1999, after the comment period had closed on the Initial Study and Mitigated Negative Declaration, the City received a letter from the Department of 0 0 Conservation, which letter indicated that approximately 3.5 acres of Parcel No. 1 (APN 8615- 016-003), which parcel is owned by the Applicant, has been designated as regionally significant for construction aggregate. WHEREAS, prior to their November 10, 1999 meeting, the Planning Commissioners were provided with the Department of Conservation's letter as well as a staff report which provided the Commissioners information regarding the Project's consistency with the City's mineral resources management policies, the fact that the City has not designated Parcel Nos. 1 and 2 for mineral extraction in the Conservation Element of the City's General Plan, the relative importance of the estimated 1 million ton of construction aggregate on Parcel No. 1 in the context of the regional market for such materials, and the environmental consequences of mining that aggregate. WHEREAS, the Planning Commission held the duly noticed continued public hearing on November 10, 1999, on the Initial Study and Mitigated Negative Declaration and on the Project Approvals, and took further testimony from surrounding residents in support of the Project and further received testimony and a letter from Southdown, Inc., in opposition to the Project and the Initial Study and Mitigated Negative Declaration. WHEREAS, after receiving additional testimony and documentation, the Planning Commission closed the public hearing on November 10, 1999, and deliberated regarding the Initial Study and Mitigated Negative Declaration and the Project Approvals, and duly considered all information presented to it, including the additional information which had been received regarding the mineral resources on Parcel No. 1 and the relative importance of the resources to the regional market. WHEREAS, after due deliberation and consideration of the Initial Study and Mitigated Negative Declaration and the written and oral comments received both during and after the comment period thereon, and after fully considering the importance of the mineral resources on Parcel No. 1 in the context of the regional market, the Planning Commission voted unanimously to recommend that the City Council approve the Initial Study and Mitigated Negative Declaration, and further recommended that the City Council approve the Project Approvals. WHEREAS, the City sent a response to the Department of Conservation letter received on November 1, 1999, which response includes the statement specifying the reasons for permitting the proposed land uses, which statement was forwarded to the State Geologist and the State Board of Mining and Geology. WHEREAS, the City again published a notice of its intention to adopt the Mitigated Negative Declaration in the Azusa Herald on November 25, 1999, which notice also included a notice of the public hearing before the City Council on December 6, 1999. WHEREAS, the City again mailed a notice of its intention to adopt the Mitigated Negative Declaration to the contiguous landowners and to all public entities entitled to notice under CEQA, which notice also included a notice of the public hearing before the City Council on December 6, 1999. WHEREAS, on November 15, 1999, the City mailed a specific notice to Southdown, Inc., of the City Council's intention to adopt the Mitigated Negative Declaration, which notice also included a notice of the public hearing before the City Council on December 6, 1999. WHEREAS, the members of the City Council have been provided with copies of the Initial Study and Mitigated Negative Declaration and the comments received both during and after the comment period, and have fully reviewed the documents and comments and comments thereon, as well as the other information in the record of proceedings, and have further considered the importance of the mineral resources on Parcel No. 1 in the context of the regional market. 0 0 THE CITY COUNCIL OF THE CITY AZUSA HEREBY RESOLVES AS FOLLOWS: SECTION 1: The City Council finds that the Mitigated Negative Declaration has been prepared and processed in compliance with CEQA, the State CEQA Guideline, and the City's CEQA implementation procedures. The City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration, and finds that it adequately describes and addresses the environmental effects of the proposed Project, and that, based upon the initial study, the comments received thereon, and the entire administrative record for this Project, that there is no substantial evidence in light of the whole record that there may be significant adverse environmental effects as a result of the approval of this Project. The mitigation measures identified in the Mitigated Negative Declaration have been incorporated into the Project and these measures mitigate any potential significant effect to a point where clearly no significant environmental effects will occur as a result of the Project. The Project is also consistent with the City's mineral resource management policies. The City Council has also balanced the importance of the mineral resources on the site to their market region as a whole and has struck its balance in favor of the proposed land uses. SECTION 2: The City Council has fully considered the proposed Mitigated Negative Declaration and the comments received thereon. SECTION 3: The Mitigated Negative Declaration reflects the independent judgment and analysis of the City and the individual Council members. SECTION 4: The location of the documents which constitute the record of proceedings upon which the City Council decision is based is the Azusa City Hall, Department of Community Development, 213 E. Foothill Blvd., Azusa, California, 91702-1395, and the custodian of those records is Roy E. Bruckner, Director of Community Development, City of Azusa. SECTION 5: A mitigation monitoring program, a copy of which is attached hereto as Exhibit A, is hereby adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the mitigation measures during Project implementation. SECTION 6: Based upon the initial study and the entire record of proceeding, the project has no potential for adverse effects on wildlife as that term is defined in Fish & Game Code section 711.2. SECTION 7: The Mitigated Negative Declaration is hereby approved and adopted as to Project Approvals, which is defined in the first WHEREAS. The Mitigated Negative Declaration is not being approved or adopted as to Parcel 8615-016-901 (the Sanitation Districts' property), which property will be the subject of a separate environmental review. SECTION 8: The City Clerk shall certify to the passage of this resolution and shall cause the same to be published in compliance with Chapter 88, Article III, Division 13 of the Azusa Municipal Code. SECTION 9: The Director of Community Development shall cause to be filed with the Los Angeles County Clerk a Notice of Determination pursuant to CEQA Guideline 15075(a). PASSED, APPROVED AND ADOPTED this 6*-da!\otDecember, 1999. Adolph Soli;, CITY Madrid, MAYOR r] 0 I HEREBY CERTIFY that the foregoing Resolution No. 152 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on December 6, 1999, by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 4CIer APPROVED AS TO FORM • • Exh%bi+ A CITY OF AZUSA DRAFT MITIGATION MONITORING PROGRAM PARKSIDE AZUSA SPECIFIC PLAN PROJECT APPLICANT: ADDRESS: PROJECT LOCATION: PROJECT APPROVAL DATE: Legacy Homes at Parkside Azusa, LLC 20 East Colorado Boulevard, Suite 201 Pasadena, California 91105 Northwest corner of Paramount Street and Virginia Avenue PROJECT DESCRIPTION: The proposed project is a General Plan Amendment, Zone Change, Specific Plan, Precise Plan of Design, and Vesting Tentative Map to allow the development of up to 130 single-family homes and possible expansion of an existing park on an 19.02 -acre site. MITIGATION MONITORING PROGRAM: A Mitigated Negative Declaration (MND) was certified for the subject project on [ ]. Certain mitigation measures were required to reduce impacts to less -than -significant levels. Pursuant to the California Environmental Quality Act (CEQA) Section 21081.6, this mitigation monitoring program has been prepared to ensure implementation of those measures. It may be necessary and appropriate to modify the specifics of the mitigation measures in order to meet the intent of the City to minimize or eliminate significant environmental effects as documented in the MND, the Statement of Findings and Overriding Considerations, and the Mitigation Monitoring Program. These changes may be required because of changes to the proposed project, changes in the environment around the project, orotherchanges whichmake the mitigation measures included in the MND infeasible, inappropriate to be implemented, or unnecessary to mitigate the significant environmental effects of the project. Modifications to the mitigation measures maybe made by the Community Development Department Director subject to one of the following findings, documented by evidence included in the record. Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the project file with the Mitigation Monitoring Program and made available to the public on request: 1. The mitigation measure included in the MND and the Mitigation Monitoring Program are no longer required because the significant environmental impact identified in the MND has been found as a result of changes in the project, changes in conditions of the environment, or other factors, not to exist, or to occur at a level which makes the impact less than significant. Parkside Azusa Specific Plan Project 1 Mitigation Monitoring Program FJ KR 0 2. The modifications or substitute mitigation measures to be included in the Mitigation Monitoring Program provide protection of the environment equal to or greater than that afforded by the mitigation measure included in the MND and the Mitigation Monitoring Program. MAD 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 lead agency in its decisions on the MND, the proposed project and the Statement of Overriding Considerations for the proposed project. O The modified or substitute mitigation measures are feasible, and their implementation can be assured by the lead agency through measures included in the Mitigation Monitoring Program or other City procedures. Parkside Azusa Specific Plan Project 2 Mitigation Monitoring Program Parkside Azusa Specific Plan Project Mitigation Monitoring Checklist Issue Environmental Impact Mitigation Measures Monitor/Reporter Timing/Frequency Geology and The proposed project 1. The non -engineered fill will require complete overexcavation Community During grading Soils site is located on non- during grading. In order to provide uniform bearing conditions Development operations engineered fill and and/or suitable foundation excavation of all cut or shallow fill Department topsoil with variable building pad areas shall be overexcavated to at least 3 feet engineering below grade or 1.5 feet below proposed footings, whichever is characteristics that are deeper. considered unsuitable for support of the 2. Soils excavated during grading are generally anticipated to be Community During grading proposed development. suitable for reuse as compacted fills. Some of the soils are dry Development operations to damp and will generally require the addition of water prior to Department compaction. 3. Portions of alluvial fan deposits will generate rock over 12 Community Prior to issuance of inches in diameter. Material greater than 12 inches in diameter Development Building Permit are not suitable for use as general fill and shall be hauled off- Department site. 4. The site materials primarily consist of cohesionless sands and Community During grading gravels. Excavations made below a depth of 4 to 5 feet require Development operations laybacks or shoring. Department Expansion potential of 5. Testing shall be undertaken to determine the source and type Community Prior to issuance of soils on the 7.47 -acre of soils utilized for backfill on the site. Development Grading Permit parcel was not Department conclusive and will need to be confirmed with future exploration and laboratory testing. Parkside Specific Plan Project 3 Mitigation Monitoring Program 0 • Parkside Azusa Specific Plan Project Mitigation Monitoring Checklist (continued) Issue Environmental Impact Mitigation Measures Monitor/Reporter Timing/Frequency Geology and 6. If the testing concludes a high potential for expansive soils, Community Prior to issuance of Soils, Cont. then specific engineering design techniques identified such as Development Building Permit the following shall be implemented: Department • Removal of clay rich soils and replacement with a specified thickness of nonexpansive granular soil beneath the structures, concrete slabs, and footings. • Mixing during grading of localized expansive soils with granular non -expansive soils. • Presaturation of the expansive materials and/or supplemental reinforcement of the building foundations and slabs. • Post -construction drainage control to keep water from collecting under or adjacent to structures. Short-term Sensitive receptors are 7. All construction activities shall be limited to the hours between Community During Construction located on three sides 7:00 A.M.'and 5:00 P.M., Monday through Saturday. No Development construction Noise of the proposed project. construction shall be permitted on Sundays or federal Department activities holidays. 8. A chain link fence with a curtain or a similar barrier along Community Prior to issuance of Paramount Street, Virginia Avenue, and Zacatecas Park shall Development Grading Permit be provided for the duration of construction. Department 9. Muffled construction equipment shall be used whenever Community During possible. Development construction Department activities 10. Rubber -tired construction equipment rather than track Community During equipment shall be used whenever possible. Development construction Department activities 11. Construction trucks shall travel only on routes identified as Community During truck routes by the City. Development construction Department I activities Parkside Specific Plan Project 4 Mitigation Monitoring Program • J Parkside Azusa Specific Plan Project Mitigation Monitoring Checklist (continued) Issue Environmental Impact Mitigation Measures Monitor/Reporter Timing/Frequency Utilities and The estimate of the 12. All future residents shall participate in the City's curb -side Community Annually Service projected waste waste recycling program when the program is operational. Development Systems - generation for the Department Landfill proposed project is 261.3 tons per year (assuming generation factor of 2.01 tons per dwelling unit per year for 130 dwelling units). This additional waste will incrementally reduce the life expectancy of landfills serving the site. 13. All future residents shall participate in the City's green waste Community Annually recycling program when the program is operational. Development Department 14. The developer shall, to the extent possible, use recycling firms Community Annually that recycle excess building materials and other construction Development materials to reduce construction waste. Department Parkside Specific Plan Project 5 Mitigation Monitoring Program • E Resolution No. 99::0151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA WAIVING FORMAL SEALED BIDDING AND AWARDING THE CABLING OF LIBRARY TO LUCENT TECHNOLOGIES, INC. WHEREAS, Section 2-537 of the Azusa Municipal Code requires City Purchases over the amount of $ 5,000 to be awarded to the lowest responsible bidder after notice, and WHEREAS, Section 2-536 of the Azusa Municipal Code requires the City to waive formal sealed bidding procedures upon finding that the public welfare would be promoted by dispensing with them, and WHEREAS, Lucent Technologies, Inc. is consistently recognized as being the industry leader in cabling and installation with the optimal price and reliability, and WHEREAS, Lucent Technologies, Inc. is covered under the State of California Multiple Awards Schedule (3.96-58-0056A) which allows local agencies to waive formal bidding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY FIND AS FOLLOWS: 11 Section 1. That conducting a formal "sealed" bidding process for the purchase of labor and materials for cabling for the City library would be impracticable, useless and uneconomical and that the public welfare would be promoted by dispensing with them, and Section 2. That the formal "sealed" bidding process is waived, and Section 3. That the project of cabling of the Library in the amount of $19,036.49 be awarded to Lucent Technologies, Inc., and Section 4. That the Purchasing Buyer is authorized to sign the various documents that are necessary to effectuate the procurement and installation. THIS 22nd DAY OF NOVEMBER 1999. I HEREBY CERTIFY that the foregoing Resolution No.99-C151 was duly adopted by the City Council of the City of Azusa, at an adjourned meeting thereof, held on the 22i'1D day of November, 1999 by the following vote of the council. AYES: COUNCIL MEMBERS: HARDISON, STANFORD, ROCHA MADRID NOES: COUNCIL MEMBERS: NONE BEEBE