ATTACHMENT 1 – 1
RESOLUTION NO. ____________
A RESOLUTION OF COUNCIL OF THE CITY OF BURBANK
ADOPTING A MITIGATED NEGATIVE DECLARATION,
ADOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM, AMENDING THE RANCHO PROVIDENCIA
NEIGHBORHOOD PROTECTION PLAN, AND
APPROPRIATING FUNDS FOR DESIGN AND
CONSTRUCTION OF RELATED ROADWAY IMPROVEMENTS.
THE COUNCIL OF THE CITY OF BURBANK FINDS:
A. On August 18, 1998, the City Council adopted the Rancho Providencia Neighborhood Protection Plan to reduce neighborhood cut through traffic in the residential neighborhood bounded by Buena Vista Street, Olive Avenue, Victory Boulevard, Main Street and Alameda Avenue; and directed Staff to implement the plan.
B. New development recently approved in the area prompted a reevaluation of the protection measures prescribed in the plan. This reevaluation included a proposal to provide maximum protection from vehicle speeding, impacted parking and cut through traffic in the neighborhood.
C. On June 22, 2021, the City Council directed Staff to com mence an update to the Rancho Providencia Neighborhood Protection Plan (NPP) and begin collecting data for the full neighborhood traffic analysis to be utilized for a NPP Update.
D. On August 23, 2022, City Council directed staff to implement three initial temporary measures to evaluate the effectiveness of the proposed measures, gather data, and conduct review under the California Environmental Quality Act (CEQA) and the CEQA Guidelines as part of the Rancho Providencia NPP Update. These temporary measures consisted of a road closure on South Orchard Drive, speed humps on South Reese Place, and permit parking on South Orchard Drive and South Reese Place.
E. In accordance with CEQA, the Community Development Director provided public notice of the intent of the City to adopt the Mitigated Negative Declaration (MND) for the proposed project.
F. On October 4, 2023, the Community Development Department released the Draft NPP Update and accompanying environmental documentation for review under CEQA and the CEQA Guidelines. Twelve comments were received by the City before the end of the 30-day public review period on November 3, 2023. No new significant information, as defined in CEQA Guidelines Section 15073.5, was received by the City after circulation of the Initial Study and draft MND such that recirculation is required. The final MND, attached as Attachment 1, was prepared.
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G. The City Council considered the proposed MND, together with all comments received during the public review process, and finds on the basis of the whole record before it (including the initial study and any comments received) that with the imposition of mitigation measures, there is no substantial evidence that the project will have a significant effect on the environment. This finding is based on the criteria outlined in CEQA Guidelines Section 15064 (Determining the Significance of the Environmental Effects Caused by a Project) and following, Section 15065 (Mandatory Findings of Significance), and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration), as well as the reasons documented in the MND, attached hereto.
H. The City Council has reviewed the MND and finds that it has been prepared pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, and has found that the MND reflects the City’s independent judgment and analysis.
THE COUNCIL OF THE CITY OF BURBANK RESOLVES:
1. FINDINGS. The Findings above are true and correct, and incorporated herein as if restated in their entirety.
2. MITIGATED NEGATIVE DECLARATION REVIEW. The City Council has reviewed the Mitigated Negative Declaration (MND) (attached hereto as Attachment 1 and incorporated herein) and hereby finds that it has been prepared pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines . The MND has been thoroughly reviewed and analyzed by the City’s staff and the City Council, which is the final decision-making body on the Project. The Project-related documents circulated for public review reflect the City’s independent judgment and analysis, and the MND as certified by this Resolution also reflects the independent judgment of the City Council.
3. MITIGATED NEGATIVE DECLARATION ADOPTION. Based on the findings set forth above, and on the record of t he public hearing, the City Council hereby adopts the MND for the Rancho Providencia Neighborhood Protection Plan Update, as presented to the City Council and set forth in the staff report, and certifies that the MND is an adequate and complete document prepared in compliance with CEQA and the CEQA Guidelines.
4. MITIGATION MONITORING & REPORTING PROGRAM. The City Council finds that the Mitigation Monitoring & Reporting Program (MMRP) has been prepared in accordance with CEQA and the CEQA Guidelines and here by adopts the MMRP (attached hereto as Attachment 2 and incorporated herein) as the MMRP for the Project.
The Public Works Director or his designee is directed to oversee the implementation of the MMRP.
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5. APPROVAL OF THE PROJECT. The Rancho Providencia Neighborhood Protection Plan Update, attached hereto as Attachment 3 and incorporated herein, is approved. The City Manager or his designee is authorized to implement the Project.
Furthermore, as part of the Project implementation, the Community Development Director or his designee is authorized to i ssue parking permits to non- resident or commercial applicants for permits within the permit -parking zones designated in the Rancho Providencia Neighborhood Protection Plan Update in the amount not to exceed 30 percent of the available street parking within the Permit Parking Zones.
6. BUDGET APPROPRIATION. The Financial Services Director is directed to transfer $30,000 per year for the next 3 fiscal years from account 127.70020.0000.00000 account (Transportation, Holding, Capital ) to project account 127.CD33A.70002.0000.24274 (Public Improvements – Transportation, Street Improvements, Rancho Providencia Neighborhood Protection Plan, and make any other budget amendments necessary to effectuate this appropriation.
7. FILING OF NOTICE OF DETERMINATION. The City Council hereby directs the Community Development Director to file with the Los Angeles County Registrar - Recorder/County Clerk a “Notice of Determination” within five (5) working days after approval of the Project.
8. AVAILABILITY OF PROJECT APPROVALS AND MITIGATED NEGATIVE DECLARATION. The Community Development Director shall make the Project-related documents that constitute the record of the proceedings upon which this decision is based available at City Hall, 275 E. Olive Avenue, Burbank, California, and in other locations the Director deems appropriate to facilitate public access to these documents.
PASSED and ADOPTED this ____ day of December, 2023.
__________________________
Konstantine Anthony
Mayor
Approved as to Form:
Attest: Office of the City Attorney
_________________________ By: _______________________ Kimberley Clark, City Clerk Lisa Kurihara Senior Assistant City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF BURBANK )
I, Kimberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the ___ day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
_________________________
Kimberley Clark, City Clerk
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Attachment 1
Final Mitigated Negative Declaration
[Mitigated Negative Declaration to be attached from Attachment 6 of the City Council Staff Report dated December 5, 2023]
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Attachment 2
Mitigation Monitoring & Reporting Program
[Mitigation Monitoring and Reporting Program to be attached from Attachment 6 of the City Council Staff Report dated December 5, 2023]
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Attachment 3
Rancho Providencia Neighborhood Protection Plan Update
[Rancho Providencia Neighborhood Protection Plan Update to be attached from Attachment 2 of the City Council Staff Report dated December 5, 2023]