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RES-9819 Proposed Dog Park & Related Improvements At Yorba ParkRESOLUTION NO. 9819 A RESOLUTION OF THE: CITY COUNCIL OF THE CITY OF ORANGE MAKING CERTAIN FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RELATED TO A PROPOSED DOG PARK AND RELATED IMPROVEMENTS AT YORBAPARK. WHEREAS, the City of Orange (the City) :lS a municipal corporation which exercises governmental functions and powers, and is organized and existing under the laws of the State of California; and WHEREAS, by the adoption of its Resolution No. 9775 on September 23, 2003, the City Council of the City of Orange (City Council) determined that the City's proposed Master Conceptual Plan for the redevelopment of Y orba Park with, among other features, two lighted softball fields, a two-acre dog park, a2.2-acre passive area with tot lot and picnic tables,restrooms, additional parking and landscaping (the Project) would not have a significant effect on the environment, except as identified and considered in that certain Mitigated Negative Declaration No. ENV 1674-01 ( the MND); and WHEREAS, by the adoption of its Resolution No. 9775 and in accordance with the procedures and requirements of the California Environmental Quality Act ( CEQA), the City Council adopted the MND because it appeared that the Project's potential significant adverse effects could be mitigated to the extent that the Project would not have a significant effect on the environment; and WHEREAS, the City Council approved the Project only as it pertained to the dog park and determined that the remaining portion ofYorba Park is to be re-opened for use as a passive park by the public, subject to staff formulating and presenting to this City Council recommendations as to improvements, costs and funding sources for the implementation of a dog park in accordance with the applicable portion of the Master Conceptual Plan and for the re-use of the balance of Y orba Park for passive recreational uses; and WHEREAS, Section 15164 of the State CEQA Guidelines provides a way for the City to update, amplify and make changes or additions to a previously adopted negative declaration in situations where a subsequent environmental impact report or negative declaration is not required. According to Section 15164, the City must prepare an addendum to the MND "if some changes or additions are necessary but none of the conditions described in Section 15162 of the State CEQA Guidelines] calling for the preparation of a subsequent [environmental impact report] or negative declaration have occurred"; and WHEREAS, in response to the direction of the City Council, City staff formulated and presented to the City Council at its regular meeting of January improvements, costs and funding sources for the implementation of a dog park in accordance with the applicable portion of the Master Conceptual Plan and for the re-use of the balance of Yorba Park for passive recreational uses public (the Revised Project). To that end, the City has prepared an Addendum to the MND in the form presented to the City Council at its regular meeting of January 27, 2004 because it appeared that "none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred"; and WHEREAS, this City Council has reviewed and considered the information contained in the Addendum to the MND and, as the lead agency under the California Enviromnental Quality Act (CEQA), finds and determines that the Addendum is all that is necessary in connection with the proposed Revised Project and the approval thereof; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange,on the basi s of the facts set forth in the agenda report presented to it and any testimony received at the public hearing at which this matter was considered, as follows:1. The City Council finds and determines that the foregoing recitals are true and correct.2. Based upon its consideration ofthe recommendation of staff, testimony received at its regular meeting held on January 27, 2004, and considering the Addendum to the MND and such other materials which constitute the record of proceedings upon which its decision was based, the City Council finds and determines that none of the conditions described in Section 15162 [of the State CEQA Guidelines] calling for the preparation of a subsequent EIR or negative declaration have occurred. Accordingly, this City Council hereby adopts the Addendum to the MND in the form presented at its meeting.ADOPTED this 2ih day of January, 2004.MMlti;/!~r, City of Orange ATTEST:MaryE. M Reso. No. 9819 2 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 27th day of January, 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Ambriz, Murphy, Coontz COUNCILMEMBERS: Alvarez" Cavecche COUNCILMEMBERS: None COUNCILMEMBERS: None MaryE. M Reso. No. 9819 3 TJR