RES-10565 Certification of Final Environmental Impact ReportRESOLUTION NO. 10565
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE (A) CERTIFYING THE
ADEQUACY OF FINAL ENVIRONMENTAL
IMPACT REPORT 1788 -07 (SCH #2007091107) FOR
RIDGELINE EQUESTRIAN ESTATES, A
DEVELOPMENT PROPOSING 39 RESIDENTIAL
UNITS ON MINIMUM ONE -ACRE LOTS AND
ASSOCIATED PRIVATE AND PUBLIC
IMPROVEMENTS INCLUDING TRAILS AND A
RIDE -IN -ONLY ARENA, WITH ASSOCIATIVE
PROJECT ENTITLEMENTS DESIGNATED AS
GENERAL PLAN AMENDMENT NO. 2007 -0001,
ZONE CHANGE NO. 1243 -07, TENTATIVE TRACT
MAP NO. 0019 -07 (ALSO KNOWN AS TENTATIVE
TRACT MAP NO. 17167), MAJOR SITE PLAN NO.
0496 -07, DESIGN REVIEW COMMITTEE NO. 4207-
07, AND DEVELOPMENT AGREEMENT NO. 5600
BETWEEN THE CITY OF ORANGE AND MILAN
REI IV, LLC, (B) ADOPTING FINDINGS OF FACT,
C) ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, (D) ADOPTING A
MITIGATION MONITORING PROGRAM, AND (E)
APPROVING THE PROJECT.
FINAL ENVIRONMENTAL IMPACT REPORT NO. 1788 -07
WHEREAS, the City Council has authority pursuant to City of Orange
Environmental Review Guidelines to certify Environmental Impact Report 1788 -07
SCH #2007091107), which is hereafter referred to as the "FEIR "; and
WHEREAS, John Martin, on behalf of and with the approval of the property owner,
Milan Rei IV, LLC, submitted a project in accordance with requirements of the Municipal
Code of the City of Orange ( "OMC ") and known as the Ridgeline Equestrian Estates Project
which consists of General Plan Amendment No. 2007 -0001, Zone Change No. 1243 -07,
Tentative Tract Map No. 0019 -07 (also known as Tentative Tract Map No. 17167),
Development Agreement No. 5600, Major Site Plan No. 0496 -07, and Design Review
Committee No. 4207 -07, all of which are collectively referred to herein as the "Project "; and
WHEREAS, in compliance with the requirements of the California Environmental
Quality Act ( "CEQA ") an initial study was prepared for the Project and the City determined
that an Environmental Impact Report was required to address its potential significant
environmental impacts; and
WHEREAS, in compliance with CEQA, Draft Environmental Impact Report No.
1788 -07 was circulated for a 45 -day public review with the comment period beginning on
September 24, 2009 and ending on November 7, 2009, but was extended to November 23,
2009 due to a clerical error that initially inadvertently omitted Section 5.4, Cultural
Resources, which error was corrected; and
WHEREAS, responses to the comments received on Draft Environmental Impact
Report No. 1788 -07 ( "DEIR ") have been prepared to the satisfaction of the City; and
WHEREAS, the potential environmental impacts of the Project were fully and
completely analyzed in the FEIR, which FEIR consists of the DEIR, changes and revisions
Errata) to the DEIR, the Response to Comments, technical appendices, two letter updates
and the Mitigation Monitoring and Compliance Program, pursuant to CEQA and CEQA
Guidelines, a full, true and correct copy of such guidelines are on file with the City Clerk of
the City; and
WHEREAS, the Planning Commission conducted a duly advertised public hearing
on Monday, May 3, 2010, continued the item to June 7, 2010 and at such time adopted
Planning Commission Resolution No. PC 09 -10, recommending that the City Council certify
the FEIR; and
WHEREAS, the City Council has reviewed the FEIR; and
WHEREAS, the City Council held a duly advertised public hearing on May 10,
2011, at which time extensive public testimony was taken. The hearing was continued to the
City Council's meeting on May 24, 2011, to receive further information and hold further
deliberation. On May 24, 2011, the City Council directed staff to prepare resolutions and
ordinances consistent with its deliberations, including this Resolution and findings related
thereto, for further City Council review on June 14, 2011; and
WHEREAS, upon hearing and considering all testimony and arguments of all
persons desiring to be heard, the City Council considered all factors relating to the Project,
including all potential environmental impacts addressed in the FEIR.
NOW, THEREFORE, BE IT RESOLVED the City Council finds and declares as
follows:
1. The FEIR prepared for the Project has been completed in compliance with
CEQA, local CEQA Guidelines, and State CEQA Guidelines; and
2. The City Council has carefully reviewed and considered the information
contained in the FEIR prior to acting upon the Project; and
3. The FEIR reflects the independent judgment and analysis of the City of
Orange and its City Council; and
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4. Based on the information contained in the FEIR, the City Council finds that
the FEIR provides an adequate assessment of the potentially significant
environmental impacts of the proposed Project and required discretionary
permits; and
5. The City Council adopts the Findings of Fact and the Statement of Overriding
Considerations attached as Exhibit "A ", which is incorporated herein by this
reference, which documents and supports the conclusion that even with the
implementation of all feasible mitigation measures recommended in the FEIR,
it is infeasible to reduce the Project's short-term impacts on air quality to a
level of insignificance, and which further sets forth the overriding benefits of
the Project which outweigh the unavoidable environmental impact of the
Project. Therefore, the City Council finds that the Project's benefits outweigh
the adverse impacts; and
6. The City Council hereby adopts the Mitigation Monitoring and Compliance
Program contained in the FEIR and incorporated herein by reference, as the
mitigation- monitoring program for the Project; and
7. Based on all of the forgoing, the City Council certifies the FEIR and that
approves the Project.
ADOPTED this 14" day of June, 2011.
ATTEST:
4 4i, *
Mary u , City C erk, Cit of — an
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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 therefore held on the 14 day of June, 2011, by the
following vote:
AYES: COUNCILMEMBERS: Whitaker, Cavecche, Dumitru, Bilodeau
NOES: COUNCILMEMBERS: Smith
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mary E. ity Clerk, Cit f Orange
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