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HomeMy WebLinkAboutResolution No. 00-C0540 0 RESOLUTION NO. 00—054 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE MITIGATED NEGATIVE DECLARATION FOR AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN, ZONE CHANGE AND TENTATIVE TRACT MAP FOR A 26 LOT RESIDENTIAL, DEVELOPMENT AT 1724 & 1730-1770, & 1790-1830 N. AZUSA & SAN GABRIEL CANYON ROAD (APN's: 8684023-003, 005, 006, 008, 012 & 013) WHEREAS, an Initial Study and a Mitigated Negative Declaration has been prepared collectively for: (1) General Plan Amendment No. GPA 99-01; (2) Zone Change No. Z-99-01; and (3) tentative Tract Map 52800 (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., Title. 14, Section 15000, et seq., 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 published a notice of its intention to adopt the Mitigated Negative Declaration in compliance with Public Resources Code section 21092 in the San Gabriel Valley Tribune on July 21, 1999, which notice also included a notice of the public hearing before the Planning Commission on August 11, 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 July 21, 1999 until August 11, 1999. WHEREAS, the City's notice of its intent to adopt the Mitigated Negative Declaration was posted on July 21, 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 July 21, 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 August 11, 1999. WHEREAS, the Planning Commission held a duly noticed public hearing on August 11, 1999, on the Initial Study and Mitigated Negative Declaration and on the Project Approvals, during which hearing testimony and written comments was received. WHEREAS, after receiving the aforementioned testimony and comments, the Planning Commission closed the public hearing on January 26, 2000 and deliberated regarding the Initial Study and Mitigated Negative Declaration and the Project Approvals, and duly considered all information presented to it, the Planning Commission voted unanimously recommended that the City Council deny the Project Approvals. WHEREAS, the City again published a notice of its intention to adopt the Mitigated Negative Declaration in the San Gabriel Valley Tribune on April 6, 2000, which notice also included a notice of the public hearing before the City Council on April 17, 2000. 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 April 17, 2000. 0 RESOLUTION NO. 00-054 MITIGATED NEGATIVE DECLARATION PAGE 2 0 WHEREAS, the members of the City Council have been provided with copies of the Initial Study and Mitigated Negative Declaration and the comments received, and have fully reviewed the documents and comments, as well as the other information in the record of proceedings. 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. 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 B, 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. SECTION S: 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). 0 0 RESOLUTION NO. 00—054 MITIGATED NEGATIVE DECLARATION PAGE PASSED, APPROVED AND ADOPTED May 2000. I HEREBY CERTIFY that the foregoing Resolution No. 5 4 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on May 1, 2000, by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE NOES: COUNCILMEMBERS: MADRID ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE APPROVED AS TO FORM -P 6� ' o City Attorney