RES-9815 Certifying Final Environmental Impact Report The Pinnacle at Uptown ApartmentsRESOLUTION NO. 9815
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE ADOPTING FINDINGS OF FACT,
STATEMENT OF OVERRIDING CONSIDERATIONS AND
CERTIFYING THE ADEQUACY OF FINAL
ENVIRONMENTAL IMPACT REPORT NO. 1710-02
FOR GENERAL PLAN AMENDMENT 2002-
0004, ZONE CHANGE 1217-02 AND MAJOR SITE
PLAN REVIEW 258-02 FOR APPROVAL OF THE
PINNACLE AT UPTOWN APARTMENTS AT 3001
WEST CHAPMAN AVENUE.
APPLICANT: BRE PROPERTIES WHEREAS, in compliance with the California Environmental
Quality Act (CEQA)California Public Resources Code Sections 21000 et seq.) and the
State CEQA Guidelines CaIifornia Code of Regulations Section 15000 et seq.) the City, acting as
lead agency, has prepared Final Environmental Impact Report No. l710-02 for
the applications submitted by BRE Properties (hereinafter collectively referred to as the Project) consisting
of a request for:General Plan Amendment 2002-0004 amending
the land use map to change existing General Plan land use designations
of the Project area to create
a new overlay District H.Zone Change No. 1217-02
to change the existing
zoning designations from C-I to
PC-SP.Major Site Plan Review 258-02; and WHEREAS,
Final Environmental Impact Report No. 1710-02 (hereinafter the FEIR)
evaluates the potential adverse environmental effects of the project; and WHEREAS, in
accordance with Section 15132 of the State CEQA Guidelines the FEIR consist of (
a) Draft Environmental Impact Report; (b) Draft Environmental Impact Report Technical
Appendices; (c) Final Environmental Impact Report; (d) Final Environmental Impact Report Technical
Appendices; and (e) all attachments, incorporations, and references to the documents delineated in Items a through d above
and submitted
to the City as part of the EIR process; and WHEREAS,
in accordance with State and local law the Planning Commission conducted a hearing on the
Project and recommended
approval of the FEIR and General Plan Amendment 2002-0004; and WHEREAS, in accordance
with State and City laws the City Council has reviewed and fully considered the FEIR and
conducted a public hearing on January 13, 2004, to consider the FEIR and
WHEREAS, pursuant to Section 21081 of CEQA and Section 15091 of the
CEQA Guidelines, prior to approval of the Project for which an EIR has been prepared
and identified one or more significant environmental effects of the Project. the decision
making body must make one or more of the findings set forth in Section 20181 of
CEQA, together with the statement of facts in support of each finding; and
WHEREAS, Section 15093(a) of the CEQA Guidelines requires the City
Council to balance the benefits of a proposed project against its unavoidable
environmental risks in determining whether to approve the Project; and
WHEREAS, Section 15093(b) of the CEQA Guidelines requires that when the
City Council approves a project which permits the occurrence of significant
environmental effects which are identified in an EIR but are not substantially lessened
or avoided, the City Council must state in writing the reasons to support its action based
on the FEIR or other information in the adminis.trative record; and
WHEREAS, the City has prepared and the City Council has reviewed draft
Findings of Fact in Support of Findings and Statement of Overriding Considerations for
the project, which should be adopted if the City approves the Project; and
WHEREAS, Section 21091.6 of CEQA requires that where an EIR has been
prepared for a project for which mitigation measures are adopted that a mitigation
monitoring or reporting program be adopted for said project; and
WHEREAS, the City has prepared and the City Council has reviewed the
Mitigation Monitoring Program which should be adopted if the City Council approves
the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL
OF THE CITY OF ORANGE FINDS AND DECLARES AS FOLLOWS:
1. FEIR 1710-02 was presented to the City Council and the City
Council has carefully reviewed and considered the information contained in the FEIR prior
to taking action on the
Project.2. The FEIR contains an ade:quate assessment of the
potential environmental impacts of the
Project.3. The FEIR was considered prior to approval of the Project and
determined to adequately address all potential adverse environmental impacts of the Project,
and serves as an adequate and appropriate environmental documentation for the
Project.4. The City Council certifies and finds that the FEIR and all
required notices, have been completed in compliance with CEQA and the CEQA
Guidelines.5. The City Council finds and certifies that the FEIR reflects
the independent judgment and analysis of the City of
Orange.
6. The City Council hereby approves and certifies the FEIR as complete
and adequate and fully complies with the requirements of CEQA, the CEQA
Guidelines, and the City's Environmental Analysis Project.
7. That findings have been adopted as set forth in Section 21081 ofCEQA
and Section 15091 of the CEQA Guidelines with respect to each significant
environmental effect identified in the FEIR and each alternative considered in the FEIR
and the explanation of the City Council's reasonings with respect to each such finding is
set forth in the Statement of Overriding Considerations and incorporated herein by
reference as though fully set forth.
8. That it adopts the Statement of Overriding Considerations that the
unavoidable significant environmental effects of the Project will be substantially
lessened by their severity by the imposition of the mitigation measures identified in the
FEIR and that the remaining unavoidable significant impacts are clearly outweighed by
the economic, social, and other benefits of the Project.
9. That it adopts the Mitigation Monitoring and Reporting Program finding
that it establishes a mechanism and procedures for implementing and verifying the
implementation of and compliance with the Project design features, standard conditions
and mitigation measures pursuant to Public Resources Code Section 21081.6.
10. That its decision to approve the Project as based upon the record of the
proceedings, the custodian of which is the City Clerk of the City of Orange, 300 E.
Chapman Avenue, Orange, California.
ADOPTED this 13th day of January, 2004.
Murphy, Ma , City of Orange
ATTEST:
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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 fE~gularly adopted by the City Council
of the City of Orange at a regular meeting thereof hdd on the 13th day of January, 2004,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Alvarez, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
tJ,
7i
Mary E. MufPt!~City Clerk, C Orange
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