RES-10670 Revised Mitigation MeasurementRESOLUTION NO. 10670
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE (A) CERTIFYING FINAL
PROGRAM ENVIRONMENTAL IMPACT REPORT
PEIR) NO. 1820 -09 (SCH #2009101033) FOR THE
SANTA FE DEPOT SPECIFIC PLAN UPDATE AND
RELATED ORDINANCE AMENDMENT AND ZONE
CHANGE NO. 1255 -09, (B) ADOPTING FINDINGS
OF FACT AND STATEMENT OF OVERRIDING
CONSIDERATIONS, (C) ADOPTING A
MITIGATION MONITORING PROGRAM, AND (D)
INCLUDING REVISED MITIGATION MEASURE N-
5, AS RECOMMENDED BY STAFF.
APPLICANT: CITY OF ORANGE
WHEREAS, an initial study was prepared for the Santa Fe Depot Specific Plan
update and related Zone Change No. 1255 -09 (hereinafter referred to as the "Project ") and
the City determined that a Program Environmental Impact Report was required to address its
potential significant environmental impacts; and
WHEREAS, the environmental impacts of the Project have been analyzed through
Final Program Environmental Impact Report (PEIR) No. 1820 -09, which is comprised of
Draft PEIR No. 1820 -09, changes and revisions to Draft PEIR No. 1820 -09, the Response to
Comments, technical appendixes, and the Mitigation Monitoring Program, pursuant to the
provisions of the California Environmental Quality Act (CEQA), local CEQA Guidelines,
and the State CEQA Guidelines, a full, true and correct copy of which is on file with the City
Clerk of the City of Orange; and
WHEREAS, Draft PEIR No. 1820 -09 was circulated for public review and comment
for at least 45 days as required by CEQA, with the comment period beginning December 12,
2011 and ending February 1, 2012; and
WHEREAS, responses to the comments received on Draft PEIR No. 1820 -09 have
been prepared to the satisfaction of the City; and
WHEREAS, the Planning Commission has reviewed Final PEIR No. 1820 -09; and
WHEREAS, the Planning Commission held a duly advertised public hearing for the
purpose of considering Final PEIR No. 1820 -09 and the Project, and upon hearing and
considering all testimony and arguments, if any, of all persons desiring to be heard, the
Planning Commission considered all factors relating to the proposed Project, including
potential environmental impacts addressed in the Final PEIR No. 1820 -09, and adopted
Resolution No. PC 21 -12, recommending that the City Council certify the adequacy of the
PEIR No. 1820 -09; and
WHEREAS, the City Council held a duly advertised public hearing on June 26,
2012, for the purpose of considering Final PEIR No. 1820 -09.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Orange finds and declares as follows:
1. The Final PEIR No. 1820 -09 prepared for the City of Orange Santa Fe Depot
Specific Plan Update, consisting of Zone Change No. 1255 -09 has been
completed in compliance with the California Environmental Quality Act, local
CEQA Guidelines, and State CEQA Guidelines; and
2. The Planning Commission has carefully reviewed and considered the
information contained in Final PEIR No. 1820 -09 prior to recommending that
the City Council act upon the Project; and
3. Final PEIR No. 1820 -09 reflects the independent judgment and analysis of the
City Council of the City of Orange; and
4. Based on the information contained in Final PEIR No. 1820 -09, the City
Council finds that the environmental impact report 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 (Attachment A, attached hereto and incorporated by this
reference), with further revisions to Final PEIR No. 1820 -09 (Attachment B),
which documents and supports the conclusion that even with the
implementation of all feasible mitigation measures recommended in Final
PEIR No. 1820 -09, it is infeasible to reduce the Project's impacts on global
climate change to a level of insignificance, and which further sets forth the
overriding benefits of the Project which outweigh the unavoidable
environmental impacts of the Project. Therefore, the City Council finds that
the project's benefits outweigh the adverse impacts; and
6. The City Council adopts the Mitigation Monitoring Program (Attachment C,
attached hereto and incorporated by this reference), as the mitigation -
monitoring program for the Project; and
7. Based on all of the forgoing, the City Council certifies and adopts Final PEIR
No. 1820 -09 and approves the Project.
ADOPTED this 28 day of August, 2012.
ATTEST:
f
Mary E. City Clerk, Orange
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Resolution was introduced at the regular meeting of the City
Council held on the 26 day of June, 2012, and thereafter at the regular meeting of said City
Council duly held on the 14 and 28 day of August, 2012, was duly passed and adopted by
the following vote, to wit:
AYES: COUNCILMEMBERS: Smith, Cavecche, Bilodeau
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Dumitru
ABSTAIN (RECUSED): COUNCILMEMBERS: Whitaker
Mary E. City Cl it f Orange