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HomeMy Public PortalAbout89-007 (01-17-89)RESOLUTION NO. 89_7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE STATEMENT OF FINDING AND THE REPORTING/MONITORING PROGRAM FOR THE MITIGATION MEASURES FOR THE ENVIRONMENTAL IMPACT REPORT (EIR) - LONG BEACH BOULEVARD IMPROVEMENT ' PROJECT WHEREAS, the California Environmental Quality Act Section 21151 states than an environmental impact report (EIR) shall be prepared for any project that may have an effect on the environment; and WHEREAS, because the City of Lynwood determined that the reconstructing and widening of Long Beach Boulevard between Lynwood Road and Orchard Avenue to a minimum right-of-way of 94 feet was a project that may have a significant effect on the environemnt, EIR State Clearinghouse Number (SCH) 88062910 was prepared to address those impacts; and WHEREAS, it is anticipated that EIR SCH 88062910 will involve the discretionary actions to fund and construct the proposed project; and WHEREAS, the City of Lynwood has reviewed all environmental documentation comprising EIR SCH 88062910, has found that EIR SCH 88062910 is complete and adequate and fully complies with all requirements of CEQA and the CEQA Guidelines; and WHEREAS, the City Council certified EIR SCH 88062910 as ' adequate and complete (12/20/88); and WHEREAS, Section 21081 of CEQA and Section 15090 of the Guidelines requires that the City of Lynwood make one or more of the following findings prior to approval of a project for which an EIR has been completed identifying one or more significant effects of the project, along with statements of facts supporting each finding: FINDING 1- Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant environmental effects thereof as identfied in the EIR. FINDING 2- Such chan~es or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. FINDING 3- Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR; and WHEREAS, Section 15093(a) of the Guidelines requires the ' City of Lynwood to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and WHEREAS, Section 15093(b) requires that, where the decision of the City of Lynwood allows the occurrence of significant effects which are identified in the EIR but are not mitigated, the City must state in writing the reasons to support its action based on the EIR or other information in the record; and WHEREAS, the City of Lynwood has reviewed and considered all of the environmental documentation prepared to evaluate the proposed project, including all elements of the EIR; and WHEREAS, the City of Lynwood contemplates and directs continuing compliance with CEQA and CEQA Guidelines as necessary in the implementation of the phases and elements of the project. NOW, THEREFORE, the City Council of the City of Lynwood does hereby find, proclaim, order and resolve as follows: Section 1. The City Council makes the findings set forth below with respect to significant impacts identified in EIR 5CH 88062910, and finds that each fact supporting these findings is based upon substantial evidence in the record, including Final EIR 88062910 and related documents referenced in these findings. Said findings and facts follow for the two identified potential significant impacts, land use and sir quality. Attachment A provides the Reporting and Monitoring Program required per Section 21081.6 of the Public Resources Code to ensure implementation of all identified mitigation measures in the EIR and is adopted as part of this Resolution. FINDINGS LAND USE Significant Effect - Implementation of the roadway improvements would effect portions of 19 commercial structures, two motels, and one apartment building along Long Beach Boulevard. FINDING NO. 1- Changes or alterations have been required in, or ineorporated into, the project which avoid or substantially lessen the significant environmental effect as identfied in the Final EIR. Facts in Support of Finding No. 1- The City of Lynwood shall compensate the property owners of those structures directly affected by roadway acquisition. If relocation is required, reimbursement will be provided to property owners and tenants pursuant to applicable Rules and Re~ulations adopted by the City of Lynwood's Redevelopment Agency. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virture of project design considerations and mitigation measures identified in the Final EZR and incorporated into the project. AIR QUALITY Significant Effect - Construction operations could generate 1.2 tons of fugitive dust per acre of construction per month of activity. FINDING N0. 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. Facts in SupPOrt of Finding No. 1- Fugitive dust shall be controlled by regular watering of the construction site or other meas~res to meet SCAQMD District Rule 403. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virture of mitigation measures identified in the Final EIR and incorporated into the project. STATEMENT OF OVERRIDING CONSIDERATIONS Since no unavoidable adverse impacts will result from implementation of the project action, a Statement of Overriding Considerations is not necessary. Section 2. This resolution shall become effective immediately upon its adoption. PASSED, APPROVED and ADOPTED this 17th day of January , lggg, .~ ~~-~~ EVE N WE~LS, Mayor ' City of Lynwood ATTEST: (/ /+ ANDREA L. HOOPER, City Clerk City of Lynwood APPROVED t~S TO FORM: APPROVED AS TO CONTENT: r~ % torney ~PH Y. G, P.E. ' ector of Public Works/ City Engineer 1 ' C15-940