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RES-10565 Certification of Final Environmental Impact ReportRESOLUTION NO. 10565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE (A) CERTIFYING THE ADEQUACY OF FINAL ENVIRONMENTAL IMPACT REPORT 1788 -07 (SCH #2007091107) FOR RIDGELINE EQUESTRIAN ESTATES, A DEVELOPMENT PROPOSING 39 RESIDENTIAL UNITS ON MINIMUM ONE -ACRE LOTS AND ASSOCIATED PRIVATE AND PUBLIC IMPROVEMENTS INCLUDING TRAILS AND A RIDE -IN -ONLY ARENA, WITH ASSOCIATIVE PROJECT ENTITLEMENTS DESIGNATED AS GENERAL PLAN AMENDMENT NO. 2007 -0001, ZONE CHANGE NO. 1243 -07, TENTATIVE TRACT MAP NO. 0019 -07 (ALSO KNOWN AS TENTATIVE TRACT MAP NO. 17167), MAJOR SITE PLAN NO. 0496 -07, DESIGN REVIEW COMMITTEE NO. 4207- 07, AND DEVELOPMENT AGREEMENT NO. 5600 BETWEEN THE CITY OF ORANGE AND MILAN REI IV, LLC, (B) ADOPTING FINDINGS OF FACT, C) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, (D) ADOPTING A MITIGATION MONITORING PROGRAM, AND (E) APPROVING THE PROJECT. FINAL ENVIRONMENTAL IMPACT REPORT NO. 1788 -07 WHEREAS, the City Council has authority pursuant to City of Orange Environmental Review Guidelines to certify Environmental Impact Report 1788 -07 SCH #2007091107), which is hereafter referred to as the "FEIR "; and WHEREAS, John Martin, on behalf of and with the approval of the property owner, Milan Rei IV, LLC, submitted a project in accordance with requirements of the Municipal Code of the City of Orange ( "OMC ") and known as the Ridgeline Equestrian Estates Project which consists of General Plan Amendment No. 2007 -0001, Zone Change No. 1243 -07, Tentative Tract Map No. 0019 -07 (also known as Tentative Tract Map No. 17167), Development Agreement No. 5600, Major Site Plan No. 0496 -07, and Design Review Committee No. 4207 -07, all of which are collectively referred to herein as the "Project "; and WHEREAS, in compliance with the requirements of the California Environmental Quality Act ( "CEQA ") an initial study was prepared for the Project and the City determined that an Environmental Impact Report was required to address its potential significant environmental impacts; and WHEREAS, in compliance with CEQA, Draft Environmental Impact Report No. 1788 -07 was circulated for a 45 -day public review with the comment period beginning on September 24, 2009 and ending on November 7, 2009, but was extended to November 23, 2009 due to a clerical error that initially inadvertently omitted Section 5.4, Cultural Resources, which error was corrected; and WHEREAS, responses to the comments received on Draft Environmental Impact Report No. 1788 -07 ( "DEIR ") have been prepared to the satisfaction of the City; and WHEREAS, the potential environmental impacts of the Project were fully and completely analyzed in the FEIR, which FEIR consists of the DEIR, changes and revisions Errata) to the DEIR, the Response to Comments, technical appendices, two letter updates and the Mitigation Monitoring and Compliance Program, pursuant to CEQA and CEQA Guidelines, a full, true and correct copy of such guidelines are on file with the City Clerk of the City; and WHEREAS, the Planning Commission conducted a duly advertised public hearing on Monday, May 3, 2010, continued the item to June 7, 2010 and at such time adopted Planning Commission Resolution No. PC 09 -10, recommending that the City Council certify the FEIR; and WHEREAS, the City Council has reviewed the FEIR; and WHEREAS, the City Council held a duly advertised public hearing on May 10, 2011, at which time extensive public testimony was taken. The hearing was continued to the City Council's meeting on May 24, 2011, to receive further information and hold further deliberation. On May 24, 2011, the City Council directed staff to prepare resolutions and ordinances consistent with its deliberations, including this Resolution and findings related thereto, for further City Council review on June 14, 2011; and WHEREAS, upon hearing and considering all testimony and arguments of all persons desiring to be heard, the City Council considered all factors relating to the Project, including all potential environmental impacts addressed in the FEIR. NOW, THEREFORE, BE IT RESOLVED the City Council finds and declares as follows: 1. The FEIR prepared for the Project has been completed in compliance with CEQA, local CEQA Guidelines, and State CEQA Guidelines; and 2. The City Council has carefully reviewed and considered the information contained in the FEIR prior to acting upon the Project; and 3. The FEIR reflects the independent judgment and analysis of the City of Orange and its City Council; and 2 4. Based on the information contained in the FEIR, the City Council finds that the FEIR 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 attached as Exhibit "A ", which is incorporated herein by this reference, which documents and supports the conclusion that even with the implementation of all feasible mitigation measures recommended in the FEIR, it is infeasible to reduce the Project's short-term impacts on air quality to a level of insignificance, and which further sets forth the overriding benefits of the Project which outweigh the unavoidable environmental impact of the Project. Therefore, the City Council finds that the Project's benefits outweigh the adverse impacts; and 6. The City Council hereby adopts the Mitigation Monitoring and Compliance Program contained in the FEIR and incorporated herein by reference, as the mitigation- monitoring program for the Project; and 7. Based on all of the forgoing, the City Council certifies the FEIR and that approves the Project. ADOPTED this 14" day of June, 2011. ATTEST: 4 4i, * Mary u , City C erk, Cit of — an 3 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 therefore held on the 14 day of June, 2011, by the following vote: AYES: COUNCILMEMBERS: Whitaker, Cavecche, Dumitru, Bilodeau NOES: COUNCILMEMBERS: Smith ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mary E. ity Clerk, Cit f Orange 0