2010-09 RESOLUTION NO. 2010-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
CERTIFYING THE FINAL PRORAM ENVIRONMENTAL IMPACT
REPORT PREPARED FOR AMENDMENT NO. 6 TO THE
REDEVELOPMENT PLAN FOR THE REVISED GRAND TERRACE
COMMUNITY REDEVELOPMENT PROJECT APPLICABLE CITY-
WIDE
WHEREAS, the City of Grand Terrace has undertaken proceedings to adopt a proposed
Amendment No. 6 to the Redevelopment Plan for the Revised Grand Terrace Community
Redevelopment Project ("Amendment No. 6"), pursuant to the California Community
Redevelopment Law, Health and Safety Code Section 33000, et. seq.;
WHEREAS, the City, as lead agency, determined that Amendment No. 6 ("Project") was a
project requiring review pursuant to the California Environmental Quality Act ("CEQA"), Public
Resources Code 21000 et. seq. and that Program Environmental Impact Report ("EIR") be prepared
to evaluate the potential environmental effects of the Project;
WHEREAS, A Notice of Preparation ("NOP") and an Initial Study for the Draft EIR were
distributed to State, regional, and local agencies, as well as the State Clearinghouse on January 22,
2008, for a 30-day review period ending on February 22, 2008, pursuant to State CEQA Guidelines
Sections 15082(a), 15103 and 15375. A total of ten comment letters were received. The NOP,
Initial Study and the ten NOP response letters are included in Appendix A of the Draft EIR.
Relevant comments received in response to the NOP were incorporated into the Draft EIR;
WHEREAS, the NOP was published in the Grand Terrace City News providing notice that
a public scoping would be conducted to solicit oral comments on the NOP at the Grand Terrace
Council Chambers on February 11, 2008. Eight speakers provided oral comments during the
scoping meeting. Specific EIR-related comments included circulation/traffic, aesthetics, land use,
noise, recreational resources, agricultural resources, hazardous materials, and cumulative impacts.
A summary of the oral comments is included in Appendix A of the Draft EIR, and relevant
comments received in response to the NOP were incorporated into the Draft EIR;
WHEREAS, a Notice of Completion ("NOC") for the Draft EIR (SCH #2008011109) was
submitted to the State Clearinghouse for state agency review on January 21, 2010;
WHEREAS, a Notice of Availability ("NOA") of the Draft EIR was published in the San
Bernardino County Sun on January 22, 2010, making the Draft EIR available for a 45-day public
review period on January 22, 2010 with the comment period expiring on March 8, 2010. Nine
comment letters were received during the public comment period, and two comment letters were
received after the public comment period. The responses to comments are included in the Final
EIR;
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,- WHEREAS, on April 27, 2010, the City Council of the City of Grand Terrace held a legally
noticed public hearing in the Grand Terrace City Council Chambers located at 22795 Barton Road
Grand Terrace, California to consider Amendment No. 6, Final EIR, and staff recommendations.
Notice of this City Council hearing was provided through publication in the San Bernardino County
Sun on April 15, 2010;
WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis
for its decision on the Project.
WHEREAS, all the requirements of CEQA and the State CEQA Guidelines have been
satisfied in the EIR, which is sufficiently detailed so that all of the potentially significant
environmental effects of the Project have been adequately evaluated;
WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the
feasible mitigation measures necessary to avoid or substantially lessen the Project's potential
environmental impacts and a range of feasible alternatives capable of eliminating or reducing these
effects in accordance with CEQA and State CEQA Guidelines;
WHEREAS, all of the findings and conclusions made by the City pursuant to this
Resolution are based upon the oral and written evidence presented to it as a whole and not based
solely on the information provided in this Resolution;
WHEREAS, prior to taking action, the City has heard, been presented with, reviewed and
considered all of the information and data in the administrative record, including the Final EIR, and
all oral and written evidence presented to it during all meetings and hearings;
WHEREAS, the Final EIR reflects the independent judgment of the City Council and is
deemed adequate for purposes of making decisions on the merits of the Project;
WHEREAS, no comments made in the public hearings conducted by the City or any
additional information submitted to the City have produced substantial new information requiring
recirculation or additional environmental review under State CEQA Guidelines section 15088.5;
and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE,it is hereby found, determined, and resolved by the City Council of the City
of Grand Terrace as follows:
1. This Council hereby specifically finds that all of the facts set forth in the Recitals, above, of
this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council during the above-referenced
public hearing on April 27, 2010, including written and oral staff reports, together with
public testimony, and the consideration of the contents of the Final EIR, this Council hereby
( finds and concludes as follows:
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a. The Final EIR prepared for the Project has been completed in compliance with the
provisions of the California Environmental Quality Act, California Public Resource
Code Sections 21000 et seq. (CEQA) with the State and the City Guidelines for
implementing CEQA, and all other applicable laws and regulations.
b. The,Final EIR was presented to the Council and the Council reviewed and considered
the information contained in the Final EIR prior to the consideration of the Project.
The Council also finds that it has independently reviewed and analyzed the Final EIR
and that the Final EIR reflects the independent judgment of the Council.
3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this City
Council takes the following actions:
a. Certifies the Final EIR to be in compliance with the provisions of the California
Environmental Quality Act, California Public Resources Code Sections 21000 et. seq.
(CEQA) with the State and the City Guidelines for implementing CEQA, and all other
applicable laws and regulations.
b. Adopts a Statement of Facts, and Findings-for the EIR attached hereto as Exhibit "A"
respectively, based on the following findings:
i. The facts and findings set forth in the Statement of Facts and Findings are
supported by substantial evidence in the administrative record and the Final
EIR.
ii. The Final EIR identified all significant environmental impacts of the Project
and there are no known potentially significant environmental impacts not
addressed in the Final EIR.
iii. All significant impacts identified in the Final EIR as a result of the Project
have been identified, avoided, or reduced to an acceptable level by the
imposition of mitigation measures on the Project. These mitigation measures
are attached hereto as part of the Mitigation Monitoring and Reporting
Program and are incorporated herein by the reference.
iv. The Final EIR considered a reasonable range of alternatives to the Project.
Potential mitigation or Project alternatives have been incorporated into the
Project to reduce the impacts.
V. The cumulative impacts of the Project have been considered. Except for the
identified unavoidable impacts described in the Statement of Facts and
Findings and the Final EIR, mitigation measures are incorporated into the
Project to reduce such impacts to less than significant levels.
vi. Amendment No. 6 to the Redevelopment Plan for the Grand Terrace
Community Redevelopment Project is fiscal and administrative in character,
does not contemplate any physical implementation activities, and will, in and
of itself, affect no physical impacts in the Project Area, and future programs
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or projects proposed to be undertaken by the Agency must be consistent with
the City's General Plan. The environmental analysis contained in Draft EIR
for the General Plan Update adequately considers potential impacts related to
the Redevelopment Plan Amendment. Therefore, the Fact, Findings, and
Statement of Overriding Considerations made for the General Plan Update,
adequately consider Amendment No. 6 to the Redevelopment Plan for the
Grand Terrace Community Redevelopment Project.
C. Adopts the Mitigation Monitoring and Reporting Program attached hereto as Exhibit
«B„
d. Modifies Exhibit 3-A of Appendix B of the Draft EIR General Plan Update Traffic
Study by adding the following footnote to Exhibit 3-A: "This exhibit references current
land uses inventoried in approximately 2007. Traffic Analysis Zones (TAZ) are consistent
with the East Valley Traffic Model."
4. The City Clerk shall certify to the adoption of this Resolution.
5. The City Clerk shall file a Notice of Determination with the Clerk of the Board of the
County of San Bernardino within five(5) working days of final Project approval.
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PASSED, APPROVED, AND ADOPTED this 27th day of April 2010.
AYES: Councilmember StanckieWitz, Mayor Pro Tem Garcia and Mayor Ferre
NOES: None
ABSENT: Councilmember Cortes
ABSTAINED: None
10
Maryetta rre, Mayor
ATTEST:
Brenda Mesa, City Clerk
ATTEST AS TO FORM:
John Harper, City A to ey
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I, BRENDA MESA, CITY CLERK of the City of Grand Terrace, California, do
hereby certify that the foregoing Resolution was duly passed, approved and adopted by the City
Council of the City of Grand Terrace, California, at a Regular Meeting of said City Council on the
27'' day of April 2010.
Executed this 27 day of April , 2010, at Grand Terrace, California.
Bren a Mesa, City Clerk
� SECTION 1
INTRODUCTION
The City Council of the City of Grand Terrace ("this Council") hereby adopts this entire document,
including the Statement of Overriding Considerations in Section 13 below, as its findings
("Findings") pursuant to the California Environmental Quality Act ("CEQA") for Amendment No.
6 to the Redevelopment Plan for the Grand Terrace Community Redevelopment Project
(collectively "Project") described in the Final Program Environmental Impact Report ("Final EIR")
for the Project, State Clearinghouse Number 2008011109.
In considering the potential benefits of the Project, the City identified the following objectives that
will be achieved:
Amendment No. 6 to the Redevelopment Plan for the Grand Terrace Community Redevelopment
Project
• Enact modifications to the City Redevelopment Plan to maximize the Redevelopment
Agency's financial ability to implement the Redevelopment Plan.
• Update Redevelopment Plan land use descriptions to make the descriptions consistent with
language that directly refers to adopted General Plan, zoning, and other local land use policies.
These Findings are based upon the entire record before this Council, including the Final EIR
prepared for the Project. The Final EIR was prepared by the City of Grand Terrace, acting as the
lead agency under the CEQA.
SECTION 2
THE PROJECT
A. Project Description
The Redevelopment Plan for the Grand Terrace Community Redevelopment Project was originally
adopted by the City Council in 1979 via Ordinance No. 25. In accordance with California
Community Redevelopment Law (CCRL; California Health and Safety Code Section 33000, et
seq.), the Redevelopment Plan provides the Redevelopment Agency of the City of Grand Terrace
with powers, duties, and obligations to implement a program for the redevelopment, rehabilitation,
and revitalization of areas within the Plan boundaries. The Redevelopment Plan has since
undergone amendments five amendments. Amendment No. 6 comprises certain modifications
primarily aimed at maximizing the Redevelopment Agency's financial ability to implement the
Redevelopment Plan, as described in Section 2.4 Project Components of the Draft EIR. Without
Amendment No. 6, the tax increment revenue limitation will be reached and redevelopment project
to alleviate remaining blight in the Project are. (DEIR pp 32-33).
Amendment No. 6 to the Redevelopment Plan for the Grand Terrace Community Redevelopment
l Project is fiscal and administrative in character, does not contemplate any physical implementation
" activities, and will, in and of itself, affect no physical impacts in the Project Area. Further, because
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��- any future programs or projects proposed to be undertaken by the Agency must be consistent with
the City's General Plan, the environmental analysis contained in DEIR for the General Plan Update
adequately considers potential impacts related to the Redevelopment Plan Amendment component
of this Project.
SECTION 3
ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
The City initiated the environmental process with the completion of an Initial Study. The
City used an Initial Study to determine which impacts would be less than significant and did not
warrant further environmental review, while identifying those issues that required further analysis in
an EIR. The City circulated the Initial Study with a Notice of Preparation ("NOP") for the Project to
State, regional, and local agencies on January 22, 2008, for a 30-day review period that concluded
on February 22, 20008. The Initial Study was made available to the public during and after the
comment periods. The NOP was distributed to the State Clearinghouse.
Comments received regarding the NOP were used to help identify impacts that could result
from implementation of the proposed project. At of the close of the 30-day NOP public review
period, ten responses to the NOP were received by the City. Copies of the NOP, Initial Study and
ten NOP comment letters are included in Appendix A of the Draft EIR.
A public scoping meeting was held to solicit public comment on the direction and scope of
the analysis necessary for the Draft EIR. The public scoping meeting was advertised in the Grand
Terrace City News on January 22, 2010, and was held on February 11, 1008, at 6:00 p.m., at the
City of Grand Terrace Council Chambers, 22795 Barton Road, Grand Terrace, California. Eight
speakers provided oral comments at the public scoping meeting and their summarized comments are
included in Attachment A of the Draft EIR.
The Draft EIR was distributed to responsible and trustee agencies, other affected agencies,
and interested parties. Additionally, in accordance with Public Resources Code §21092(b)(3), the
Draft EIR has been provided to all parties who have previously requested copies. During the 45-day
public review period, the Draft EIR and technical appendices had been made available for review at
the City, San Bernardino County Library, Grand Terrace Branch, and on the City's website. The
Draft EIR was distributed for a 45-day public review period on January 22, 2010, with the comment
period expiring on March 7, 2010. The comment period was closed by the State Clearinghouse on
March 8, 2010. Nine comment letters were received during the public comment period, and two
comment letters were received subsequent to the close of the public comment period.
After the 45-day public review period, written responses to all significant environmental
issues raised were prepared. These responses were made available for review for a minimum of 10
days prior to the public hearing before the Grand Terrace City Council, at which time the
certification of the Final EIR was considered. The Final EIR (which includes the Draft EIR,
Appendices, the public comments and Responses to Comments on the Draft EIR,) were included as
part of the environmental record for consideration by the City decision-makers.
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SECTION 4
ENVIRONMENTAL REVIEW AND FINDINGS
City staff reports, the Final EIR, written and oral testimony at all relevant public meetings or
hearings, and these Fact and Findings and other information in the administrative record serve as
the basis for the City's environmental determination.
The detailed analysis of potential environmental impacts and proposed mitigation measures
for the Project are presented in Chapter 4 of the Draft EIR. Responses to comments and any
revisions/omissions to the Draft EIR are provided in Chapter 2 and 3 of the Final EIR, and indicated
by strikethrough (deletions) or underline (additions) in the Final EIR,respectively.
The Draft EIR and Initial Study evaluated sixteen environmental categories (Aesthetics,
Agricultural Resources, Biological Resources, Cultural Resources, Geology and Soils, Hazards and
Hazardous Materials, Hydrology and Water Quality, Land Use Planning, Mineral Resources, Noise,
Population and Housing, Public Services, Recreation, Transportation/Traffic and Utilities and
Service Systems) for potential significant adverse impacts, including cumulative impacts.
Components of the sixteen environmental categories relating to Agricultural Resources, Biological
Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality,
Noise and Utilities were found to be insignificant in the Initial Study prepared for the Project.
Except as may be otherwise expressly provided herein, these Findings incorporated the conclusions
on these categories as outlined in the Initial Study (Appendix A of the Draft EIR) and the City finds
that no significant impacts have been identified as to the components of those categories identified
in the Initial Study and no further analysis is required.
As previously stated, Amendment No. 6 to the Redevelopment Plan for the Grand Terrace
Community Redevelopment Project is fiscal and administrative in character, does not contemplate
any physical implementation activities, and will, in and of itself, affect no physical impacts in the
Project Area, and future programs or projects proposed to be undertaken by the Agency must be
consistent with the City's General Plan. The environmental analysis contained in DEIR for the
General Plan Update adequately considers potential impacts related to the Redevelopment Plan
Amendment. Therefore, these Fact, Findings, and Statement of Overriding Considerations made for
the General Plan Update, adequately consider Amendment No. 6 to the Redevelopment Plan for the
Grand Terrace Community Redevelopment Project.
At a public hearing assembled on April 27, 2010, at the City of Grand Terrace City Council
Chambers located at 22795 Barton Road, Grand Terrace, California, the City Council of the City of
Grand Terrace determined that, based upon all of the evidence presented, included by but not
limited to the Final EIR, written and oral testimony given at the meetings and hearings, and
submission of testimony from the public, organizations and regulatory agencies, Project impacts
are: (1) less than significant and do not require mitigation; (2) potentially significant and each of
these impacts will be avoided or reduced to a level of insignificance through the identified
mitigation measures and/or implementation of an environmentally superior alternative to the
_ Project; or(3) significant and cannot be fully mitigated to a level of less than significant but will be
substantially lessened to the extent feasible by the identified mitigation measures.
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SECTION 5
RESOLUTION REGARDING CUSTODIAN OF RECORD
The documents and material that constitute the final record of proceedings on which these
Findings have been based are located at the City of Grand Terrace. The custodian for these records
is the City Clerk of the City of Grand Terrace. This information is provided in compliance with
Public Resources Code section 21081.6.
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SECTION 1
INTRODUCTION
This document is the Mitigation Monitoring and Reporting Program ("MMRP") for the City
of Grand Terrace General Plan. This MMRP has been prepared pursuant to Section 21081.6 of the
California Public Resources Code, which requires public agencies to "adopt a reporting and
monitoring program for the changes made to the project or conditions of project approval, adopted
in order to mitigate or avoid significant effects on the environment." An MMRP is required for the
proposed project because the EIR has identified significant adverse impacts, and measures have
been identified to mitigate those impacts.
SECTION 2
MITIGATION MONITORING AND REPORTING PROGRAM
The mitigation measures and/or the performance standards of the mitigation measures
identified in Amendment No. 6 to the Redevelopment Plan of the Grand Terrace Community
Project Draft Program EIR have been structured to be incorporated as policies and/or implementing
actions into the General Plan policy document and would be implemented as part of its
consideration of subsequent projects within the City. Implementation would consist of determining
whether subsequent projects are consistent with the General Plan, utilization of policies and
implementing actions as conditions of approval and/or mitigation measures, and City-initiated
planning activities as required by specific policies and implementing actions.
The City of Grand Terrace will be the primary agency for monitoring the mitigation measure
implementation associated with the implementation of the General Plan.
The MMRP is attached on the following page:
i Page 1 of 3
Mitigation Monitoring and Reporting Plan
Mitigation
Measure Mitigation Measure Description Implementation Verification
Air Quality
The City shall reduce vehicle emissions caused by
traffic congestion by implementing transportation As MM4B re
-1 systems management techniques, such as part of project
(Policy action synchronized traffic signals and limiting on-street review and capital
4.7.Lb) parking. (This mitigation measure shall be improvement
Project
included as Action 4.7.Lb of the Open Space and
Conservation Element.)
The City shall consider the feasibility of diverting
MM413-2 commercial truck traffic to off-peak periods to As part of the
(Policy action alleviate non-recurrent congestion as a means to capital
4.7.1.c) improve roadway efficiency. (This mitigation improvement
measure shall be included as Action 4.7.Lc of the project
Open Space and Conservation Element).
The City shall encourage new construction
incorporate irrigation designs to assist in
MM413-3 conserving potable water, such as computerized
(Policy action irrigation systems,drought-tolerant and smog- As part of project
9 7 2) tolerant trees, shrubs, and groundcover, and the review
use of recycled water. (This mitigation measure
shall be included as Action 9.7.2.b of the
Sustainable Development Element.)
i
Noise
The City shall enforce the General Plan Noise
MM4I-1 Element Interior Noise Standards presented in As a part of
(Policy action Table 4I-2 by requiring submittal of
6.2.1.c) evidence/documentation showing that interior Project review
noise levels will not exceed 45 dBA
For Land Use Categories defined in Table 4I-6, a
ground-borne vibration technical study shall be
required for proposed land uses within the
MM4I-2 following distances from the either the UPRR or
(Policy action BNSF rail line rights-of-way and the property line: As part of project
6.2.7.a) 600 feet of a Category 1 Land Use, 200 feet of a review
Category 2 Land Use, and 120 feet of a Category
3 Land Use. If necessary, mitigation shall be
required for land uses in compliance with the
standards listed in Table 4I-6.
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Mitigation Mitigation Measure Description Implementation Verification
Measure
Trafric/Circulation
MM4M-1 The City shall ensure that the design of As part of project
(Policy .3.3.6) Commerce Way at the UPRR line is coordinated design
with the UPRR Company.
MM4M-2 The City shall evaluate proposed railroad
(Policy action crossing design options with UPRR Company As part of project
3.3.6.a) and the California Public Utility Commission to design
ensure compliance with all state design criteria.
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