RES-11039 Mitigation Monitoring & Reporting ProgramRESOLUTION NO. 11039
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO. ENV
1853 -16, ASSOCIATED MITIGATION MONITORING
AND REPORTING PROGRAM, AND ERRATA FOR
THE BRANCH WEST APARTMENT PROJECT
LOCATED AT 1725 WEST KATELLA AVENUE.
WHEREAS, the City of Orange (the City) is a municipal corporation which exercises
governmental functions and powers, and is organized and existing under the laws of the State of
California; and
WHEREAS, an application for Mitigated Negative Declaration No. 1853 -16 was filed by
Branch West in accordance with the provisions of the City of the Orange Municipal Code; and
WHEREAS, Mitigated Negative Declaration No. 1853 -16 filed by Branch West was
processed in the time and manner prescribed by state and local law; and
WHEREAS, Mitigated Negative Declaration No. 1853 -16 was prepared to evaluate the
physical environmental impacts of the project, in conformance with the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and
in conformance with the Local CEQA Guidelines. The Mitigated Negative Declaration finds
that the project will have less than significant impacts to the environment, with the
implementation of certain conditions and mitigation measures; and
WHEREAS, The Interdepartmental Streamlined Multidisciplinary Accelerated Review
Team (SMART) determined that the plans, technical studies, and content of the Mitigated
Negative Declaration were satisfactory, and recommended Planning Commission approval on July
12, 2017, subject to the mitigation measures included in the Mitigated Negative Declaration; and
WHEREAS, the Design Review Committee (DRC) reviewed Mitigated Negative
Declaration No. 1853 -16 at its August 2, 2017 meeting, and recommended its adoption subject to
the mitigation measures included in the Mitigated Negative Declaration; and
WHEREAS, the Planning Commission reviewed Mitigated Negative Declaration No.
1853 -16 at its September 6, 2017 meeting, and recommended its approval and adoption subject to
the mitigation measures included in the Mitigated Negative Declaration; and
WHEREAS, the City Council conducted a public hearing for purposes of considering
Mitigated Negative Declaration No. 1853 -16, and related Mitigation Monitoring and Reporting
Program, and Errata on November 14, 2017, in conjunction with Major Site Plan Review 0883-
16, Design Review 4888 -16, and Administrative Adjustment No. 0248 -17 for the purpose of
construction of a new 5- story, 94 -unit apartment complex with podium parking for the property
described in:
Exhibit A to this Resolution
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange,
on the basis of the facts set forth in the agenda report presented to it and any testimony received
at the meeting at which this matter was considered, as follows:
The City Council finds and determines that the foregoing recitals are true and
correct.
2. Based upon its review of the comments received during the public review process
and considering the testimony, documents, or other materials which constitute the record of
proceedings upon which its decision was based, the City Council finds and determines:
a. The MND was presented to this City Council and the members of the City
Council have reviewed and considered the information contained therein prior to taking
any action to approve the Project and any other actions, proceedings and matters related
thereto;
b. That there is no substantial evidence that the Project will have a significant
effect on the environment, except as identified and considered in the MND, and that the
MND reflects the City's independent judgment and analysis;
c. That changes or alterations have been required in, or incorporated into, the
Project which mitigate or avoid the significant environmental effects thereof, as identified
in the MND;
d. That it is neither necessary nor required that an environmental impact report be
prepared for the Project described in the MND; and
e. That the documents or other material which constitute the record of proceedings
upon which its decision is based are on file with the City Clerk at 300 E. Chapman Avenue
in the City of Orange.
3. The City Council hereby approves and adopts Mitigated Negative Declaration No.
1853 -16 (Exhibit B), associated Mitigation Monitoring and Reporting Program (Exhibit C), and
Errata (Exhibit D), for the construction of a new 5- story, 94 -unit apartment complex, with podium
parking.
4. The officers and employees of the City are authorized and directed, jointly and
severally, on behalf of the City to (a) file the original and a duplicate copy of a Notice of
Determination with the Clerk of the County of Orange in accordance with Section 21152 of the
California Public Resources Code, and (2) to pay to the Clerk of the County of Orange the fish
and game fee, the County's documentary handling fee (unless exempt), and any other fees required
Resolution No. 11039 2
under California Fish and Game Code Section 711.4(d)(2) and Section 753.5 of Title 14 of the
California Code of Regulations concurrently with filing the Notice of Determination.
ADOPTED this 14th day of November 2017.
ere a E. Smith, Mayor, City of Orange
ATTEST:
Mary E. NfuW, City Clerk, City (o ange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 14th day of November 2017, by the following
vote:
AYES:COUNCILMEMBERS:Smith, Murphy, Nichols
NOES:COUNCILMEMBERS:None
RECUSE:COUNCILMEMBERS:Whitaker
ABSENT:COUNCILMEMBERS:Alvarez
Mary E. u y, City Clerk, City ange
Resolution No. 11039