RES-10425 Final Environmental Impact Report Program CertificationRESOLUTION NO. 10425
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE (A) CERTIFYING THE
ADEQUACY OF FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT (PEIR) NO.
1815-09 (SCH#2006031117) FOR THE CITY
OF ORANGE COMPREHENSIVE GENERAL
PLAN UPDATE, CONSISTING OF GENERAL
PLAN AMENDMENT NO. 2009-0001, (
B) ADOPTING FINDINGS OF FACT AND
STATEMENT OF OVERRIDING CONSIDERATIONS,
AND (C)ADOPTING A
MITIGATION
MONITORING PROGRAM.APPLICANT: CITY
OF ORANGE WHEREAS, an initial study was prepared for the project and the
City determined that an environmental impact report was required to address the
potential significant environmental impacts of the City of Orange Comprehensive General Plan
Update and General Plan Amendment No. 2009-0001 and modifications thereto made
by the City Council (hereinafter,
the Project); and WHEREAS, the environmental impacts of the Project have
been analyzed through Final Program Environmental Impact Report No. 1815-09 (
hereafter, PEIR), which includes the Draft PEIR, corrections and revisions to the Draft PEIR,
the Response to Comments,technical appendixes, and the Mitigation Monitoring Program, pursuant
to the provisions of the California Environmental Quality Act (CEQA), local and 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, the Draft PEIR was circulated for public review
and comment for at least 45 days as required by CEQA, with the comment period
beginning February 13, 2009 and ending
March 30, 2009; and WHEREAS, the responses to the comments received on the
Draft PEIR have been prepared to the satisfaction
of the City; and WHEREAS, the Planning Commission held duly
advertised public hearings on August 3, September 21, October 5, October 21 and November 16, 2009,
for the purpose of considering the PEIR
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments 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 PEIR and adopted Resolution No. PC 35-09, which Resolution recommends that
the City Council certify the adequacy of the
PEIR.WHEREAS, the City Council held duly advertised public hearings on January
12,2010, January 26, 2010, and February 9, 2010, for the purpose of considering the PEIR
and the Project and recommended additional changes to the Project;
and WHEREAS, the changes and revisions made by the City Council to the Draft
PEIR do not constitute significant new information and does not alter the significant
environmental impacts reviewed by the PEIR or the analysis contained
therein.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Orange finds and declares as
follows:1. The PEIR prepared for the Project has been completed in compliance
with CEQA, including local and State CEQA Guidelines;
and 2. The Planning Commission carefully reviewed and considered the
information contained in the PEIR prior to recommending that the City Council act
upon the Project;
and 3. The PEIR reflects the independent judgment and analysis of the City
of Orange and the City Council;
and 4. Based on the information contained in the PEIR, the City Council finds
that the PEIR provides an adequate assessment of the potentially
significant environmental impacts of the Project and required discretionary permits;
and 5. The City Council adopts the Findings of Fact and the Statement of
Overriding Considerations, with the Corrections and Revisions to the PEIR, (
which documents are respectively attached hereto as Attachments A and B
are incorporated herein by this reference), which documents and supports
the conclusion that even with the implementation of all feasible
mitigation measures recommended in the PEIR, it is infeasible to reduce the Project'
s impacts on air quality, traffic, and 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 as is
further set forth in Attachment "A". Therefore, the City Council finds that
the project's benefits outweigh the adverse impacts;
and 6. Revisions or modifications to the Project as a result of the hearing
process before the Planning Commission and the City council have not resulted in
new
significant environmental impacts or a substantial increase in the severity of
an environmental impact or create the new for new mitigations measures or
substantial changes to existing mitigation measures; and
7. 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
8. Based on all of the forgoing, the City Council certifies the PEIR and approves
the Project.
ADOPTED this 9th day of March, 2010.
o ~---V
C ve che, Mayor, i ity of Orange ATTEST:
y
Mary
E. ity Clerk, 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 9th day of March, 2010, by the following
vote:AYES:
COUNCILMEMBERS:Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES:
COUNCILMEMBERS:None ABSENT:
COUNCILMEMBERS:None ABSTAIN:
COUNCILMEMBERS:None