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RES-9909 Final Environmental Impact ReportRESOLUTION NO. 9909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE MAKING CERTAIN FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPTING AN ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT 1612-01 FOR A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ORANGE AND CA-THE CITY LIMITED PARTNERSHIP FOR DEVELOPMENT PROJECTS ON THE " CITY PLAZA TWO SITE" AND THE "605 BUILDING SITE", WHICH ARE LOCATED NORTH OF METROPOLITAN DRIVE AND EAST OF LEWIS STREET (605 S. LEWIS STREET AND ONE CITY BLVD. WEST).WHEREAS, CA- The City Limited Partnership, a Delaware limited partnership ( the Developer), is the owner of certain real property located in the City of Orange and consisting of those parcels commonly referred to as the City Plaza Two Site and the 605 Building Site. The City Plaza Two Site is located north of Metropolitan Drive midway between Lewis Street and The City Drive. The 605 Building Site is located at the northeast corner of the intersection of Lewis Street and Metropolitan Drive; and WHEREAS, by the adoption of Resolution No. 9522 on October 9, 2001, the City Council of the City of Orange approved Conditional Use Permit No. 2380-01 and Major Site Plan Review No. 108-99 for the City Plaza Two Site for the construction of a 19-story, 360,000 square foot office building and a 6-level, 2,nO-space parking structure; and WHEREAS, by the adoption of Resolution No. 9521 on October 9, 2001, the City Council of the City of Orange also approved Conditional Use Permit No. 2379-01 and Major Site Plan Review No. 107-99 for the 605 Building Site for the construction of a 10-story,200,000 square foot office building and as-level, 1,528-space parking slructure. References in this Resolution to the Projects shall mean the City Plaza Two Site and the 605 Building Site and the development project proposed for each of such properties; and WHEREAS, prior to its approval of the Projects, an environmental review was conducted by the City of Orange, as the lead agency, under the California Environmental Quality Act (CEQA) to evaluate the Projects, together with development projects for two other separate development sites owned by the Developer or its affiliates. As a result of the environmental review, Final Environmental Impact Report 1612-01 (the Final EIR) was prepared and certified by the City Council in accordance WHEREAS, the Developer thereafter applied to the City of Orange pursuant to Govemment Code Sections 65864 through 65869.5 and Chapter 17.44 of the Orange Municipal Code ("OMC") to enter into a Development Agreement for the development of the Projects in order to establish certainty in the development process; and WHEREAS, Section 15164 of the State CEQA Guidelines provides a way for the City to update, amplifY and make changes or additions to a previously adopted environmental impact report in situations where a subsequent environmental impact report or negative declaration is not required. According to Section 15164, the City must prepare [m addendum to the MND if some changes or additions are necessary but none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent environmental impact report] or negative declaration have occurred; and WHEREAS, subsequent to the approval of the Proj ects and effective January 1, 2002, legislation was signed into law, requiring the preparation of a Water Supply Assessment WSA) for certain types of development projects subject to CEQA review in accordance with California Water Code Sections 10910-10915. At the time the entitlements for the Projects were approved by the City Council in 2001, State law did not require the preparation ofa WSA for a development project such as the Projects; and WHEREAS, an Addendum to the Final EIR has been prepared in the form presented to the Planning Commission at its regular meeting of August 16, 2004, which Addendum includes a WSA for the Projects, because it appears that none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred; and WHEREAS, the Development Agreement by and between City of Orange and the Developer was filed with the City of Orange in accordance with the provisions of the OMC; and WHEREAS, in accordance with State and local law, on August 16, 2004, the Planning Commission conducted a duly noticed public hearing on the proposed Development Agreement, considered information presented by City staff and public testimony regarding the proposed Development Agreement, and recommended (i) that this City Council find and determine that the Addendum is all that is necessary in connection with the proposed Development Agreement and the approval thereof; and (ii) approval of the proposed Development Agreement; and WHEREAS, in accordance with State and local law, on September 14, 2004, the City Council conducted a duly noticed public hearing on the proposed Development Agreement,reviewed the FEIR and the Addendum thereto and the proposed Development Agreement, and considered information presented by City staff and public testimony regarding the proposed Development Agreement; and WHEREAS, this City Council has reviewed and considered the information contained in the Addendum to the Final EIR. 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 public hearing at which this matter was considered, and considering the Addendum to the FEIR and such other materials which constitute the record of proceedings upon which its decision was based, as follows: 1. That the foregoing recitals are true and correct. 2. That none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent Environmental Impact Report or negative declaration have occurred. 3. That the Addendum is all that is necessary in connection with the proposed Development Agreement and the approval thereof and is hereby adopted. ADOPTED this 14th day of September, 2004. J411t- tft1-ofOrangeMarkA. Murphy, Mayor, ATTEST: C2 Mary E. Mu ~ ange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certiry 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 September, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN:COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: None G.{City Clerk,ange MaryE.