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RES-11039 Mitigation Monitoring & Reporting ProgramRESOLUTION NO. 11039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING AND ADOPTING MITIGATED NEGATIVE DECLARATION NO. ENV 1853 -16, ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM, AND ERRATA FOR THE BRANCH WEST APARTMENT PROJECT LOCATED AT 1725 WEST KATELLA AVENUE. 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, an application for Mitigated Negative Declaration No. 1853 -16 was filed by Branch West in accordance with the provisions of the City of the Orange Municipal Code; and WHEREAS, Mitigated Negative Declaration No. 1853 -16 filed by Branch West was processed in the time and manner prescribed by state and local law; and WHEREAS, Mitigated Negative Declaration No. 1853 -16 was prepared to evaluate the physical environmental impacts of the project, in conformance with the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15070 and in conformance with the Local CEQA Guidelines. The Mitigated Negative Declaration finds that the project will have less than significant impacts to the environment, with the implementation of certain conditions and mitigation measures; and WHEREAS, The Interdepartmental Streamlined Multidisciplinary Accelerated Review Team (SMART) determined that the plans, technical studies, and content of the Mitigated Negative Declaration were satisfactory, and recommended Planning Commission approval on July 12, 2017, subject to the mitigation measures included in the Mitigated Negative Declaration; and WHEREAS, the Design Review Committee (DRC) reviewed Mitigated Negative Declaration No. 1853 -16 at its August 2, 2017 meeting, and recommended its adoption subject to the mitigation measures included in the Mitigated Negative Declaration; and WHEREAS, the Planning Commission reviewed Mitigated Negative Declaration No. 1853 -16 at its September 6, 2017 meeting, and recommended its approval and adoption subject to the mitigation measures included in the Mitigated Negative Declaration; and WHEREAS, the City Council conducted a public hearing for purposes of considering Mitigated Negative Declaration No. 1853 -16, and related Mitigation Monitoring and Reporting Program, and Errata on November 14, 2017, in conjunction with Major Site Plan Review 0883- 16, Design Review 4888 -16, and Administrative Adjustment No. 0248 -17 for the purpose of construction of a new 5- story, 94 -unit apartment complex with podium parking for the property described in: Exhibit A to 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 meeting at which this matter was considered, as follows: 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 MND was 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 significant 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 Project which mitigate or avoid the significant environmental effects thereof, as identified in the MND; d. That it is neither necessary nor required that an environmental impact report be prepared for the Project described in the MND; and e. That the documents or other material which constitute the record of proceedings upon which its decision is based are on file with the City Clerk at 300 E. Chapman Avenue in the City of Orange. 3. The City Council hereby approves and adopts Mitigated Negative Declaration No. 1853 -16 (Exhibit B), associated Mitigation Monitoring and Reporting Program (Exhibit C), and Errata (Exhibit D), for the construction of a new 5- story, 94 -unit apartment complex, with podium parking. 4. The officers and employees of the City are authorized and directed, jointly and severally, on behalf of the City to (a) file the original and a duplicate copy of a Notice of Determination with the Clerk of the County of Orange in accordance with Section 21152 of the California Public Resources Code, and (2) to pay to the Clerk of the County of Orange the fish and game fee, the County's documentary handling fee (unless exempt), and any other fees required Resolution No. 11039 2 under California Fish and Game Code Section 711.4(d)(2) and Section 753.5 of Title 14 of the California Code of Regulations concurrently with filing the Notice of Determination. ADOPTED this 14th day of November 2017. ere a E. Smith, Mayor, City of Orange ATTEST: Mary E. NfuW, City Clerk, City (o 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 14th day of November 2017, by the following vote: AYES:COUNCILMEMBERS:Smith, Murphy, Nichols NOES:COUNCILMEMBERS:None RECUSE:COUNCILMEMBERS:Whitaker ABSENT:COUNCILMEMBERS:Alvarez Mary E. u y, City Clerk, City ange Resolution No. 11039