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RES-9799 Final Environmental Impact Report for Chapman University Specific PlanRESOLUTION NO. 9799 n A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS, AND CERTIFYING THE ADEQUACY OF FINAL ENVIRONMENTAL IMPACT REPORT NO. 1717-03 FOR AMENDMENT NO. S TO THE CHAPMAN UNIVERSITY SPECIFIC PLAN, INCLUDING ASSOCIATED APPLICATIONS FOR GENERAL PLAN AMENDMENT 2003-0005, AMENDMENT TO THE SANTA FE DEPOT SPECIFIC PLAN, AMENDMENT TO THE SOUTHWEST PROJECT AREA DESIGN STANDARDS, ZONE CHANGE 1223-03, AND APPROVAL OF THE CHAPMAN UNIVERSITY MASTER LANDSCAPE PLAN. APPLICANT: CHAPMAN UNIVERSITY WHEREAS, in compliance with the California Environmental Quality Act (CEQA)California Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines California Code of Regulations Section 15000 et seq.) the City, acting as lead agency, has prepared Final Environmental Impact Report No. 1717-03, State Clearing House No.2001101069 for the applications submitted by Chapman University (hereinafter collectively referred to as the "Project") consisting of a request for:General Plan Amendment 2003-0005 amending the land use map to change existing General Plan land use designations of the Project area from Low Medium Density Residential, Medium Density Residential, Old Town Mixed Use, and Industrial to Public Facilities.Specific Plan Amendment No.5 to add parcels totaling 17.12 acres to the existing Project area for a total of 57.47 acres of the Chapman University Specific Plan.n Zone Change No. 1223-03 to change the existing zoning designations from R-2-6, R-3, C-1, M- l and Santa Fe Depot Specific Plan to Specific Plan-Public Institution.Adoption of a Chapman University Master Landscape Plan.Amendment to the design standards for the WHEREAS, Final Environmental Impact Report No. 1717-03 (hereinafter the " FEIR")evaluates the potential adverse environmental effects ofthe Project; and WHEREAS, in accordance with Section 15132 of State CEQA Guidelines the FEIR consist of:a. Draft Environmental Impact Report, dated April 2003;b. Draft Environmental Impact Report Technical Appendices A through H,dated April 2003;c. Final Environmental Impact Report, dated August 2003;d. Final Environmental Impact Report Technical Appendices A through H,dated August 2003;e. All attachments, incorporations, and references to the documents delineated in Items a through d above and submitted to the City as part of the EIR process.WHEREAS, in accordance with State and local law the Planning Commission conducted several hearings on the Project and recommended approval of the FEIR and General Plan Amendment 2003- 0005; and WHEREAS, in accordance with State and City laws the City Council has reviewed and fully considered the FEIR and conducted a public hearing on November 12, 2003, to consider the FEIR and other applications and to hear public testimony concerning the FEIR; and WHEREAS, pursuant to Section 21081 of CEQA and Section 15091 of the CEQA Guidelines, prior to approval of the Project for which an EIR has been prepared and identified one or more significant environmental effects of the Project, the decision making body must make one or more of the findings set forth in Section 20181 of CEQA, together with a statement of facts in support of each finding; and WHEREAS, Section 15093(a) of the CEQA Guidelines requires the City Council to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the Project; and WHEREAS, Section 15093(b) of the CEQA Guidelines requires that when the City Council approves a project which permits the occurrence of significant environmental effects which are identified in an EIR but are not substantially lessened or avoided, the City Council must state in writing the reasons to support its action based on the FEIR or other information in the administrative record; WHEREAS, the City has prepared and the City Council has reviewed draft Findings of Facts in Support of Findings and Statement of Overriding Considerations dated August 2003 for the Project, which should be adopted if the City approves the Project; and n WHEREAS, Section 21091.6 of CEQA requires that where an EIR has been prepared for a project for which mitigation measures are adopted, that a mitigation monitoring or reporting program be adopted for said project; and WHEREAS, the City has prepared and the City Council has reviewed the Mitigation Monitoring Program, dated August 2003, which should be adopted if the City Council approves the Project. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ORANGE FINDS AND DECLARES AS FOLLOWS: 1. The FEIR was presented to the City Council and the City Council has carefully reviewed and considered the information contained in the FEIR prior to taking action on the Project. 2. The FEIR contains an adequate assessment of the potential environmental impacts of the Project. 3. The FEIR was considered prior to approval of the Project and determined to adequately address all potential adverse environmental impacts of the Project, and serves as an adequate and appropriate environmental documentation for the Project. 4. The City Council certifies and finds that the FEIR and all required notices, have been completed in compliance with CEQA and the CEQA Guidelines. n I. ! 5. The City Council finds and certifies that the FEIR reflects the independent judgment and analysis of the City of Orange. 6. The City Council hereby approves and certifies the FEIR as complete and adequate and fully complies with the requirements of CEQA, the CEQA Guidelines, and the City's Environmental Analysis Project. 7. That findings have been adopted as set forth in Section 21081 of CEQA and Section 15091 of the CEQA Guidelines with respect to each significant environmental effect identified in the FEIR and each alternative considered in the FEIR and the explanation of the City Council's reasonings with respect to each such finding is set forth in the Statement of Overriding Considerations and incorporated herein by reference as though fully set forth. 8. That it adopts the Statement of Overriding Considerations that the unavoidable significant environmental effects of the Project will be substantially lessened by their severity by the imposition of the mitigation measures identified in the FEIR and that the remaining unavoidable significant impacts are clearly outweighed by the economic, social, and other benefits of the Project. 3 9. That it adopts the Mitigation Monitoring and Reporting Program finding that it establishes a mechanism and procedures for implementing and verifying the implementation of and compliance with the Project design features, standard conditions and mitigation measures pursuant to Public Resources Code Section 21081.6. 10. That its decision to approve the Project as based upon the record of the proceedings, the custodian of which is the City Clerk of the City of Orange, 300 E. Chapman Avenue, Orange, California. ADOPTED this 13th day of January, 2004. tNlt- Mt1f Mark A. Murphy, Mayor, City of Orange ATTEST: MaryE. Mu 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 13th day of January, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAThr: COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Cavecche M~~,~gange 4