Statement of Facts and Findings for the Brookside Project
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STATEMENT OF FACTS AND FINDINGS FOR THE BROOKSIDE PROJECT SCH NO. 2016051030 Lead Agency: CITY OF WALNUT 21201 La Puente Road Walnut, CA 91789 STATEMENT OF FACTS AND FINDINGS FOR THE BROOKSIDE PROJECT FINAL ENVIRONMENTAL IMPACT REPORT TABLE OF CONTENTS 1.0 STATEMENT OF FACTS AND FINDINGS ...................................................................... 1 1.1 Introduction .......................................................................................................... 1 2.0 PROJECT SUMMARY .................................................................................................... 3 2.1 Statement of Objectives ....................................................................................... 3 2.2 Description of Project Proposed for Approval ....................................................... 3 3.0 ENVIRONMENTAL REVIEW/PUBLIC PARTICIPATION ............................................... 10 4.0 INDEPENDENT JUDGMENT AND FINDING ................................................................ 12 5.0 ENVIRONMENTAL IMPACTS AND FINDINGS ............................................................. 13 5.1 Effects Determined To Be Less Than Significant in the Initial Study ................... 13 5.2 Effects Determined To Be Less Than Significant Without Mitigation in the EIR ........................................................................................... 17 5.3 Effects Determined To Be Mitigated to Less Than Significant Levels ................. 37 5.4 Alternatives to the Proposed Project .................................................................. 86 6.0 CERTIFICATION OF THE FINAL EIR ........................................................................... 93 6.1 Findings ............................................................................................................. 94 6.2 Conclusions ....................................................................................................... 94 May 2021 i STATEMENT OF FACTS AND FINDINGS FOR THE BROOKSIDE PROJECT FINAL ENVIRONMENTAL IMPACT REPORT 1.0 STATEMENT OF FACTS AND FINDINGS 1.1 INTRODUCTION The California Environmental Quality Act (CEQA) requires that when an Environmental Impact Report (EIR) identifies significant effects on the environment that would occur if a project is approved, the Lead Agency (in this case, the City of Walnut) must make one or more specific findings for each significant impact prior to approving a project. Pursuant to Public Resources Code Section 21081(a), the Findings are: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment (Finding 1). 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency (Finding 2). 3. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers make infeasible the mitigation measures or alternatives identified in the environmental impact report (Finding 3). In addition, pursuant to Public Resources Code Section 21081(a)(3) and 21081(b) and CEQA Guidelines Sections 15091(a)(3) and 15093(b), if Finding 3 is made with respect to any significant effect identified in the EIR, the Lead Agency must also find that “specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment.” This finding is referred to as a “Statement of Overriding Considerations.” With respect to the Brookside Project, the EIR has proposed feasible mitigation for all identified significant impacts, thus either avoiding those impacts or reducing them to a level of insignificance. As a result, Finding 3 has not been made with respect to any of the significant impacts of the Brookside Project and a Statement of Overriding Considerations is not required. This Statement of Facts and Findings identifies the significant impacts, presents facts supporting the conclusions reached in the analysis, makes one or both of Findings 1 and 2 for each impact determined to be significant, pursuant to Finding 3 addresses why the alternatives identified in the EIR are made infeasible by specific economic, legal, social, technological, or other considerations, and explains the reasoning behind the City’s findings. In addition to findings with respect to significant effects, if any project alternative is determined to be infeasible for specific economic, legal, social, technological, or other considerations, Finding 3 must be made with respect to that alternative. Finding 3 must describe the specific reasons for rejecting identified mitigation measures and project alternatives. The making of any Finding must be supported by substantial evidence in the record. When making Finding 1, the agency also must adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. This program is commonly referred May 2021 1 STATEMENT OF FACTS AND FINDINGS FOR THE BROOKSIDE PROJECT FINAL ENVIRONMENTAL IMPACT REPORT to as a Mitigation Monitoring and Reporting Program (MMRP). The MMRP for the Brookside Project is set forth in Section 11.0 of the Final EIR. Finding 2 cannot be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. Finally, pursuant to CEQA Guidelines Section 15092, a public agency may not approve a project for which an EIR was prepared unless either: 1. The project as approved will not have a significant effect on the environment, or 2. The agency has (a) eliminated or substantially lessened all significant effects on the environment where feasible and (b) determined that any remaining significant effects on the environment found to be unavoidable are acceptable for reasons set forth in a Statement of Overriding Considerations. As with other required findings, these findings must be supported by substantial evidence in the record of proceedings. The City of Walnut (City), the CEQA Lead Agency, finds and declares that The Brookside Project Final Environmental Impact Report (EIR) has been completed in compliance with CEQA and the CEQA Guidelines. The City Council finds and certifies that the EIR was reviewed and information contained in the EIR was considered prior to approving The Brookside Project herein referred to as the “project.” The project involves the subdivision of 25.8-acres into 28 single-family residential lots with 11 open space lots and related streets and infrastructure. The EIR identifies certain significant effects that may occur as a result of the project alone or on a cumulative basis in conjunction with other past, present, and reasonably foreseeable future projects. These Findings are made pursuant to CEQA Section 21081 and CEQA Guidelines Section 15091. Based upon its review of the EIR, the City Council finds that the EIR is an adequate assessment of the potentially significant environmental impacts of the proposed project, represents the independent judgment of the City, and sets forth an adequate range of alternatives to this project. The Final EIR (May 2021) is composed of the following elements: The Brookside Project Draft Environmental Impact Report and Technical Appendices (June 2018) Draft Final EIR and Technical Appendices (May 2021) Mitigation Monitoring and Reporting Program A list of persons commenting on the Draft EIR, Comments, and Responses Errata for Final EIR May 2021 2 STATEMENT OF FACTS AND FINDINGS FOR THE BROOKSIDE PROJECT FINAL ENVIRONMENTAL IMPACT REPORT 2.0 PROJECT SUMMARY 2.1 STATEMENT OF OBJECTIVES The objectives of the Brookside Project are to create a residential neighborhood that: 1. Is consistent with the property’s Hillside Single-Family General Plan Land Use Element designation and the uses and densities permitted, whether by right or conditional use permit, by the property’s Residential Planned Development zoning. 2. Maintains a density consistent with the property’s zoning. 3. Takes advantage of the site’s RPD zoning to establish and maintain permanent open space areas. 4. Enhances open space systems through sensitive landscaping throughout the neighborhood. 5. Implements a site plan that respects the existing topography and riparian habitat associated with Lemon Creek. 6. Retains healthy landscaping along the site’s perimeter and provides for enhancement of that landscaping. 7. Results in a neighborhood with a visual character complementary to the visual character of nearby residential communities. 8. Provides trails open to the public, which connect to other public trails at the project boundaries. 9. Recognizes public interest in the Main Barn/Residence located at the current entrance to the project site and provides that, to the extent feasible, they be maintained on-site. 10. Minimizes impacts to the existing Lemon Creek floodway. 11. Helps address the State’s housing crisis by maximizing the number of homes that can be constructed consistent with the City’s land use controls. 2.2 DESCRIPTION OF PROJECT PROPOSED FOR APPROVAL PROPOSED SITE DEVELOPMENT Currently, the project site is developed with structures remaining from the former