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HomeMy WebLinkAboutResolution No. 05-C072E RESOLUTION NO. 05-C72 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING ADDENDUM NO. 2 TO THE FINAL EIR AND MITIGATION MONITORING PROGRAM PREPARED AND ADOPTED FOR THE MONROVIA NURSERY SPECIFIC PLAN AND PROSECT WHEREAS, on February 3, 2003 the City Council of the City of Azusa ("City Council") adopted the Monrovia Nursery Specific Plan and related development entitlements, more specifically, Resolution No. 03-C7 certifying the Final Environmental Impact Report, and adopting a Statement of Overriding Considerations and a Mitigation Monitoring Program; Resolution No. 03-C8 approving General Plan Amendment No. GPA 2002-03; Ordinance No. 03-01 adopting Zone Change No. Z-2002-03; Ordinance No. 03-02 adopting the Monrovia Nursery Specific Plan; Resolution No. 03-C9 approving Vesting Tentative Map 54057; Resolution No. 03-03 approving the pre -zoning of the 433 -acre portion of the project site within the County of Los Angeles; and Resolution No. 03-C 10 to initiate proceedings with the Local Agency Formation Commission for reorganization (annexation), and WHEREAS, the environmental impacts of the Monrovia Nursery Specific Plan were carefully analyzed, reported, and determined during the adoption process, and the City Council certified the Final Environmental Impact Report (SCH#2002071046), in compliance with the California Environmental Quality Act, and WHEREAS, in the course of implementing the project conditions and mitigation measures, it became apparent that one of the adopted Mitigation Measures, if implemented, has the potential of creating unintended environmental impacts, and the proposed grading and development of the project will not occur within the affected area addressed by the Mitigation Measure, and WHEREAS, Section 15162 of the California Environmental Quality Act (CEQA) provides that a Subsequent EIR has to be prepared if a determination is made based on substantial evidence, that one or more of the following exists: 1. Substantial changes to the project are made, requiring major revisions to the previous EIR. 2. Substantial changes have occurred regarding circumstances under which the project is undertaken, requiring major revisions to the previous EIR. 3. New information of substantial importance has developed, which was not known at the time the previous EIR was certified, and which shows any of the following; a. The project will have one or more significant effects not discussed in the previous EIR. b. Previously identified significant effects will be substantially more severe. c. Mitigation measures or alternatives previously found not to be feasible are now feasible, or are considerably different than those analyzed in the previous EIR, either of which would substantially reduce one or more significant effects, but the project proponents decline to adopt the measures or alternatives, and 1 0 0 WHEREAS, Section 15164 of CEQA allows the preparation of an Addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions requiring a Subsequent EIR have occurred; NOW THEREFORE, the City Council of the City of Azusa does hereby find and determine as follows: SECTION 1: Mitigation Measure CR13 is hereby amended to read as follows: "CR13 Further historical research and archeological test excavations shall be conducted at the sites of the 1910 residence (including the LAN -240 site), Cliff House (if impacted by future development plans), and tunnel in order to determine if any portion of these sites remain intact or if any artifacts are present. If artifacts are found, they shall be curated in an appropriate location upon construction with the Azusa Cultural and Historic Preservation Commission." SECTION 2: The Mitigation Monitoring and Reporting Program is hereby amended to include the revised Mitigation Measure CR -13 described in Section 1, above. SECTION 3: The City Council finds that none of the conditions described in California Environmental Quality Act, Section 15162 are present, including the following: 1. No substantial changes are being proposed to the project. The revised mitigation measure does not constitute a major revision to the certified EIR. Implementation would still be required, but only if the planned development will disturb the Cliff House site. 2. There are no substantial changes to the circumstances under which the project is undertaken. 3. No new significant effects that have not been discussed in the Certified EIR will be created by the project. 4. No significant effects identified in the Certified EIR will be substantially more severe. 5. The EIR Addendum does not involve previously found infeasible mitigation measures or alternatives. The revised mitigation measure merely clarifies that it must be implemented if the project affects the Cliff House site. The newly worded mitigation measure will not harm the Cliff House site as an archeological site, and will thereby protect the existing vegetated canyon environment in which it is located. SECTION 4: Monrovia Nursery EIR Addendum No. 2, attached as Exhibit A, is hereby approved. PASSED AND APPROVED this 6th day of September, 2005. MAYOR 9 0 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF AZUSA ) 1, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. 05-C72 was approved and adopted at a regular meeting of the City Council on the 6th day of September 2005, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERK APPROVED AS TO FORM: �" R. C6�-Y CITY ATTORNEY HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NONE NONE NONE