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RES-10916 Mitigation Monitoring & Reporting ProgramRESOLUTION NO. 10916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION NO. 1832- 14 INCLUDING ADOPTION OF A MITIGATION MONITORING AND REPORTING PROGRAM IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). CITY OF ORANGE METROLINK PARKING STRUCTURE PROJECT 130 N. LEMON STREET WHEREAS, the Orange County Transportation Authority (OCTA) is working to expand Metrolink service in Orange County and at full roll out projects that the Orange Transportation Center (OTC) will need 900 parking spaces to accommodate demand; and WHEREAS, the OTC currently has 375 spaces; and WHEREAS, the City desires to construct a parking structure in cooperation with OCTA and in early 2009 entered into a cooperative agreement with OCTA to plan for a new parking structure to serve the OTC and the Metrolink Service Expansion; and WHEREAS, the City retained a design firm to prepare project concepts and design plans and held a series of community workshops between 2010 and 2013; and WHEREAS, schematic design plans for the Metrolink Parking Structure Project were completed in 2014; and WHEREAS, approval and development of the project involves a discretionary action by the City of Orange, a public agency, and is therefore subject to the provisions of the CEQA; and WHEREAS, an Initial Study and Mitigated Negative Declaration (MND) No. 1832 -14 was prepared in accordance with CEQA requirements and concluded that the environmental impacts of the Metrolink Parking Structure Project would be less than significant with the incorporation of mitigation measures; and WHEREAS, MND No. 1832 -14 was circulated for public review for at least 30 days as required by CEQA, with the comment period beginning June 10, 2015 and ending on July 15, 2015; and WHEREAS, the Notice of Intent to adopt MND No. 1832 -14 was filed with the County Clerk, posted onsite, published in the local newspaper and mailed to property owners and tenants within 500 feet of the project site; and WHEREAS, the Notice of Intent and MND No. 1832 -14 was also filed with the State Clearinghouse (SCH #2015061022) for review by State Agencies; and WHEREAS, 19 comments were received during the CEQA review period; and WHEREAS, although not required, the City prepared a response to comments and included those responses in Final MND No 1832 -14; and WHEREAS, on May 27, 2015, City departments reviewed the Metrolink Parking Structure Project and recommended the project proceed to hearings subject to certain requirements and conditions; and WHEREAS, on November 4, 2015, the City's Design Review Committee reviewed the Metrolink Parking Structure Project including the information presented in the staff report and in MND 1832 -14 and recommended approval subject to conditions by a vote of three ayes and none opposed; and WHEREAS, the Planning Commission conducted a duly advertised public hearing on December 7, 2015, at which time interested persons had an opportunity to testify either in support of or opposition to the Project; and WHEREAS, on December 7, 2015, the Planning Commission reviewed the Metrolink Parking Structure Project including the information presented in the staff report and in Final MND 1832 -14 and, having received public testimony on the item, recommended approval subject to conditions by a vote of four ayes and none opposed; and WHEREAS, the City Council, having considered the Metrolink Parking Structure Project at a duly advertised public hearing held on January 12, 2016 including reviewing and considering the information presented in the staff report and Final MND No. 1832 -14 and having received public testimony on the item; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange hereby approves and adopts Final MND No. 1832 -14 and the associated Mitigation Monitoring and Reporting Program (included as an attachment to the City Council staff report), based on the following findings: SECTION 1— FINDINGS The City Council finds that the MND adequately analyzes the environmental effects of the proposed project and is the appropriate CEQA compliance document because it concludes that the project has the potential to cause significant environmental impacts, but mitigation measures have been incorporated and required to reduce environmental impacts to a less than significant level. Reso. No. 10916 2 SECTION 2— CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with this approval: Mitigation Measures as outlined in the adopted Mitigation Monitoring and Reporting Program, included in Final MND 1832 -14 as an attachment to the City Council staff report, are hereby adopted as conditions of approval for the project. ADOPTED this 12th day of January 2016. Teresa E. Smith, Mayor, City of Orange ATTEST: Mary E. ity C t, i y 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 12th day of January 2016, by the following vote: AYES: COUNCILMEMBERS: Whitaker, Smith, Murphy NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Nichols ABSENT (RECUSED): COUNCILMEMBERS: Alvarez Mary E. ity Clerk, i y ange Reso. No. 10916