RES-9791 Preliminary Plans Approval Tustin St. Chapman Ave. Intersection WideningRESOLUTION NO. 9791
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING PRELIMINARY
PLANS FOR THE TUSTIN STREET AND
CHAPMAN AVENUE INTERSECTION WIDENING
AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH.
WHEREAS, the City of Orange (the City) is a municipal corporation which exercises
governmental functions and powers, and is organized and existing under the laws of the State of
California; and
WHEREAS, the City Council desires to consider certain street widening improvements
to the intersection of Tustin Street and Chapman Avenue (the Project), which Project is
generally depicted on those certain plans entitled, Preliminary Plans for Tustin St./Chapman
Ave. Intersection, which have been prepared by the City's Department of Public Works, are
dated as of July 15, 2003, and consist of sheets I through 17 (the Preliminary Plans). The
Preliminary Plans are public records on file in the Office of the Director of Public Works/City
Engineer at 300 E. Chapman Avenue, Orange, California 92866; and
WHEREAS, the City prepared an Initial Study, dated November 5, 2003 (the Initial
Study), to evaluate the City's proposed Project. The Initial Study was prepared by the City in
ord(:r to ascertain whether the Project would have a significant adverse effect on the
envlironment and whether there would be any environmental impacts resulting from the Project
which might require the preparation of a negative declaration or an environmental impact
report; and
WHEREAS, Mitigated Negative Declaration No. ENV 1700-03 (the MND) was
prepared by the City, in the form presented to the City Council at its regular meeting of December 9,
2003,because it appeared that the Project's potential significant adverse effects can be mitigated to
the extent that the Project will not have a significant effect on the environment;
and WHEREAS, this City Council has reviewed and considered the information
contained in the MND and, as the lead agency under the California Environmental Quality Act ("
CEQA"),finds and determines that the MND is all that is necessary in connection with the
proposed Proj ect and the approval of the Proj ect;
and WHEREAS, pursuant to the authority granted by Section 65402 of the
California Government Code, this City Council has previously adopted Resolution No. 9691 on April
22,2003 making inapplicable the requirement that a report be prepared regarding the conformity
of the acquisition of real property for street widening with the City's adopted General Plan.
Since the Project will involve the acquisition of real property for street widening, no report has
been rendered by the planning agency for the proposed Project;
WHEREAS, this City Council desires to approve the Preliminary Plans for the Project
and to authorize the City's Director of Public Works/City Engineer (or his designee) to refine
the Preliminary Plans, prepare plans and specifications and contract documents, and to do any
and all things he deems necessary or advisable in order to carry out, give effect to and comply
with the terms and intent of this Resolution.
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 meetJing at which this matter was considered, as follows:
1. The City Council finds and determines that the foregoing recitals are true and correct.
2. Based upon its review of the comments received during the public review process and
considering the testimony, documents or other materials which constitute the record of
proceedings upon which its decision was based, the City Council finds and determines:
a. The Initial Study and the MND were presented to this City Council and
the members of the City Council have reviewed and considered the information
contained therein prior to taking any action to approve the Project and any other actions,
proceedings and matters related thereto;
b. That there is no substantial evidence that the Project will have a
sigrlificant effect on the environment, except as identified and considered in the MND,
and that the MND reflects the City's independent judgment and analysis;
c. That changes or alterations have been required in, or incorporated into, the
Proj ect which mitigate or avoid the significant environmental effects thereof, as identified
intheMND;
d. That it is neither necessary nor required that an environmental impact
report be prepared for the Project described in the MND;
e. That there is no evidence before the City Council that the proposed Project
will have any potential for an adverse effect on wildlife resources or the habitat upon
which the wildlife depends. Therefore, the proposed Project will have a de minimis effect
and is, therefore, exempt from the fish and ganle fee requirement under California Fish
and Game Code Section 7l1.4(d)(l) and Section 753.5(c) of Title 14 of the California
Code of Regulations; and
f That the documents or other material which constitute the record of
proeeedings upon which its decision is based is on file with the City Clerk at 300 E.
Chapman Avenue in the City of Orange.
3. The MND and the Mitigation Monitoring and Reporting Program (the MMRP)
contained in the MND are hereby approved and adopted.
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4. The officers and employees of the City are authorized and directed, jointly and
severally, on behalf of the City to file the original and a duplicate copy of a Notice of
Determination with the Clerk of Orange County in accordance with Section 21152 of the
California Public Resources Code and to file a Certificate of Fee Exemption for the Project,
along with the Notice of Determination, in accordance with the form set forth in Section 753.5
of Title 14 of the California Code of Regulations.
5. The Preliminary Plans for the proposed Project are hereby approved and the
City's Director of Public Works/City Engineer (or his designee) is hereby authorized to refine
the Preliminary Plans, prepare plans and specifications and contract documents, and to do any
and all things he deems necessary or advisable in order to carry out, give effect to and comply
with the terms and intent of this Resolution.
6. The adoption of this Resolution does not constitute the exercise of control over
property by the City. This City Council is not cornmitting itself to (a) the acquisition of any
real property that might be required for the effectuation of the Project, or (b) any other acts or
activities requiring the subsequent independent exercise of discretion by the City Council. The
City Council recognizes that one or more of the conditions to the implementation of the Project
may fail to be met as a result of subsequent refmement of the Preliminary Plans, studies,
reviews and proceedings involving the exercise of discretion by the City or any department
thereof. Accordingly, the City Council hereby reserves final discretion and approval as to any
acquisition ofreal property and all proceedings and decisions in connection therewith.
ADOPTED this 9th day of December, 2003.
IJ c-
tN-Mark f,. Murphy,
Mayor,
ATTEST:
fOrange
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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 thereof held on the 9th day of December, 2003, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
t/t~
Mary E. Mu range
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