RES-10613 Adopting Mitigated Negative DeclarationRESOLUTION NO. 10613
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING AND ADOPTING
MITIGATED NEGATIVE DECLARATION NO. 1821-
09, GENERAL PLAN AMENDMENT NO. 2009 -0004,
TENTATIVE PARCEL MAP 2010 -147 AND
RECLASSIFYING APPROXIMATELY 0.9 ACRES
OF PROPERTY FROM OLD TOWN MIXED USE
MAX 0.6 FAR (OTMIX) TO PUBLIC FACILITIES
INSTITUTIONS MAX 2.0 FAR (PFI) UPON
PROPERTY LOCATED AT 415, 421, 425 -439, 441-
455, 457 -471 AND 475 -489 NORTH GLASSELL
STREET AND CHAPMAN UNIVERSITY PARKING
LOTS 2 AND 3.
GENERAL PLAN AMENDMENT 2009 -0004
TENTATIVE PARCEL MAP 2010 -147
MITIGATED NEGATIVE DECLARATION 1821 -09
APPLICANT: CHAPMAN UNIVERSITY
WHEREAS, General Plan Amendment No. 2009 -0004 and related Zone Change No.
1256 -09 were filed by Chapman University in accordance with the provisions of the City of
Orange Municipal Code; and
WHEREAS, General Plan Amendment No. 2009 -0004 and related Zone Change No.
1256 -09 were processed in the time and manner prescribed by state and local law; and
WHEREAS, the 0.9 acres of land proposed for the General Plan Amendment and
related Zone Change is required for the sixth Amendment to the Chapman University
Specific Plan, and
WHEREAS, the City Council conducted a duly advertised public hearing on
December 13, 2011, for the purpose of considering Mitigated Negative Declaration No.
1821 -09, General Plan Amendment No. 2009 -0004, Tentative Parcel Map 2010 -147, and
related Zone Change No. 1247 -07 and Specific Plan Amendment No. 0001 -09 upon property
located at 415, 421, 425 -439, 441 -455, 457 -471 and 475 -489 North Glassell Street and
Chapman University Parking Lots 2 and 3.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves
and adopts Mitigated Negative Declaration No. 1821 -09, Tentative Parcel Map 2010 -147,
and General Plan Amendment No. 2009 -0004 to change the General Plan land use
designation from Old Town Mixed Use Max 0.6 FAR (OTMIX) to Public Facilities
Institutions Max 2.0 FAR (PFI), in association with and related to Ordinance No. 20 -11 to re-
zone the property from Old Town Mixed Use Spoke Street (OTMU -15S) to Public Institution
Specific Plan (PI -SP), and Ordinance 21 -11 for the sixth amendment to the Chapman
University Specific Plan, based on the following findings:
SECTION 1 — FINDINGS
1. The proposed project supports the goals of the existing General Plan Land Use
Element by encouraging high quality uses that provide jobs, revenue, and
adaptive reuse of properties. It also promotes redevelopment efforts within the
Orange Amended Redevelopment area.
2. The proposed General Plan Land Use designation of Public Facilities Institutions
is consistent with the land uses within the Chapman University campus.
3. The City's Public Works, Fire, and Police Departments have reviewed the project
and indicated that City services are available and adequate to serve the project.
4. The project will not have a significant adverse impact school enrollment or
recreational resources.
5. There is no evidence before the City Council of the City of Orange that the
proposed General Plan Amendment No. 2009 -0004, Tentative Parcel Map 2010-
147, Mitigated Negative Declaration No. 1821 -09 and related Zone Change No.
1256 -09 and Specific Plan Amendment No. 0001 -09, will have any potential for
adverse effects, either individually or cumulatively, on wildlife resources or the
habitat upon which the wildlife depends. Therefore, the proposed development
will not have an effect on fish and wildlife.
6. The City Council of the City of Orange has made required findings pursuant to
CEQA as set forth in Section 2 below.
7. The data and analysis upon which these findings of fact are based, including those
in Section 2 of this Resolution, are set forth in the staff report for Mitigated
Negative Declaration No. 1821 -09, Tentative Parcel Map No. 2010 -147, and
General Plan Amendment No. 2009 -0004, and associated with and related to
Ordinance No. 20 -11 for Zone Change No. 1256 -09, and Ordinance No. 2 1 -11 for
Specific Plan Amendment No. 0001 -09, staff's oral presentation, public
testimony, the Planning Commission record and City Council comments which
constitute the City Council's review of this application.
8. The existing General Plan land use is depicted on the map attached hereto as
Exhibit "A ". The General Plan Land Use Map is amended in order to change the
General Plan land use classification on the site, depicted in the cross - hatched area
on the map, and incorporated herein by this reference.
SECTION 2 — ENVIRONMENTAL REVIEW
1. Mitigated Negative Declaration No. 1821 -09 was prepared for Tentative Parcel
Map 2010 -147, General Plan Amendment No. 2009 -0004 and associated with and
related to Ordinance No. 20 -11 for Zone Change No. 1256 -09 and Ordinance No.
FA
21 -11 for Specific Plan Amendment No. 0001 -09, in compliance with the
California Environmental Quality Act and associated Guidelines.
2. The City Council finds that Mitigated Negative Declaration No. 1821 -09 contains
an adequate assessment of the potential environmental impacts of Tentative Parcel
Map 2010 -147 and General Plan Amendment No. 2009 -0004 and related Zone
Change No. 1256 -09 and Specific Plan Amendment No.0001 -09. Based on
substantial evidence contained in the record, the City Council finds that all
potentially significant adverse environmental impacts can be mitigated to a level
of insignificance and that the project will have no effect on fish and wildlife.
Therefore, the City Council hereby approves and adopts Mitigated Negative
Declaration No. 1821 -09.
SECTION 3 — CONDITIONS OF APPROVAL
BE IT FURTHER RESOLVED that the following conditions are imposed on the
approval of the Tentative Parcel Map and Mitigated Negative Declaration:
1. The applicant shall coordinate with the Public Works department to determine whether
upgrades to underground utilities are required.
2. Within two days of final approval of this project, the applicant shall deliver to the
Planning Division a cashier's check payable to the "County Clerk" in an amount required
to fulfill the fee requirements of Fish and Game Code Section 711.4(a) and the County
Administrative fee.
3. Tentative Parcel Map 2010 -147 shall not be effective until General Plan Amendment No.
2009 -0004, Mitigated Negative Declaration No. 1821 -09, Specific Plan Amendment No.
0001 -09, and Zone Change No. 1256 -09 have been approved by the City Council and
become effective.
The following code provisions are applicable to this project, and are included for
information only. This is not a complete list of requirements, and other code provisions may
apply to the project.
The applicant agrees to indemnify, hold harmless, and defend the City, its
officers, agents and employees from any and all liability or claims that may be
brought against the City arising out of its approval of this permit, save and
except that caused by the City's active negligence.
The applicant, business owner, managers, successors, and all future assigns
shall comply with all Federal, State and local laws, including all City
regulations. Violation of any of those laws in connection with the use will be
cause for revocation of this permit.
3
ADOPTED this 13" day of December, 2011.
ATTEST:
Mary E. urph , City Clerk, City o ge
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 13 day of December, 2011, by
the following vote:
AYES: COUNCILMEMBERS: Whitaker, Smith, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Mary E. zCity Cler i y range