RES-9775 Approving Portion of Yorba Park Conceptual Master PlanRESOLUTION NO. 9775
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE MAKING CERTAIN FINDINGS
UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND APPROVING A PORTION OF
THE CONCEPTUAL MASTER PLAN FOR YORBA
PARK
WHEREAS, the City of Orange (the City) is a municipal corporation which exercises
governmental functions and powers, and is organized and existing under the laws of the State of
California; and
WHEREAS, the City prepared an Initial Study, dated November 15, 2002 (the Initial
Study), to evaluate the City's proposed Master Conceptual Plan for the redevelopment ofYorba
Park with, among other features, two lighted softball fields, a two-acre dog park, a 2.
2-acre passive area with tot lot and picnic tables, restrooms, additional parking and
landscaping (the ProJ ect). The Initial Study was prepared by the City in order to ascertain whether
the Project would have a significant adverse effect on the environment and whether there would
be any environmental impacts resulting from the Project which might require the preparation
of a negative declaration or an environmental impact
report; and WHEREAS, Mitigated Negative Declaration No. ENV 1674-01 (the
MND) was prepared by the City, in the form presented to the City Council at its regular rneeting of
August 26, 2003,because it appeared that the Project's potential significant adverse effects can be
mitigated to the extent that the Project will not have a significant effect on
the environment; and WHEREAS, on December 12, 2002 the Park Planning
and Development Commission reviewed and considered the draft MND and the proposed Project and
recommended that the City Council not approve the proposed Conceptual Master Plan for
the redevelopment
ofYorba Park; and WHEREAS, this City Council has reviewed and considered
the information contained in the MND and, as the lead agency under the California Environmental
Quality Act (CEQA),finds and determines that the MND is all that is necessary in connection
with the proposed Project and the approval of
the Project; and WHEREAS, after publication of notice, a public hearing has been held
by this City Council on the approval
of the Project.NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Orange,on the basis 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
I. The City Council finds and determines that the foregoing recitals are true and
correct.
2. Based upon its consideration of the recornmendation of the Park Planning and
Development Commission and a review of the cornments received during the public review
process, testimony received at the public hearing held on August 26, 2003, and considering the
documents or other materials which constitute the record of proceedings upon which its
decision was based, the City Council finds and determines:
a. The Initial Study and the MND were presented to this City
Council and the members of the City Council have reviewed and considered
the information contained therein prior to taking any action to approve the
Project at the public hearing held on August 26, 2003 and any other actions,
proceedings and matters related thereto;
b. That there is no substantial evidence that the Project will have a
significant effect on the environment, except as identified and considered in
the MND, and that the MND reflects the City's independent judgment and
analysis;
c. That changes or alterations have been required in, or
incorporated into, the Project which mitigate or avoid the significant
environmental effects thereof, as identified in the MNJ);
d. That it is neither necessary nor required that an environmental
impact report be prepared for the Project described in the MND;
e. That there is no evidence before th~ City Council that the
proposed Project will have any potential for an adverse effect on wildlife
resources or the habitat upon which the wildlife depends. Therefore, the
proposed Project will have a de minimis effect and is, therefore, exempt from
the fish and game fee requirement under California Fish and Game Code
Section 711.4(d)(I) and Section 753.5(c) of Title 14 of the California Code of
Regulations; and
f That the documents or other material which constitute the record
of proceedings upon which its decision is based is on file with the City Clerk at
300 E. Chapman Avenue in the City of Orange.
3. The City Council's adoption of the MND and the Mitigation Monitoring and
Reporting Program (the MMRP) contained in the MND, as said MMRP applies to that portion
of the Project approved by the City Council on August 26, 2003, is hereby ratified.
4. That portion of the MMRP that pertains to the portion of the Project approved
by this City Council on August 26, 2003 is hereby made a condition of approval to mitigate or
2
avoid the significant environmental effects identified III the MND for that portion of the
Project.
5. The officers and employees of the Ci.ty are authorized and directed, jointly and
severally, on behalf of the City to file the original and a duplicate copy of a Notice of
Dete,rmination with the Clerk of Orange County in accordance with Section 21152 of the
California Public Resources Code and to file a Certificate of Fee Exemption for the Project, along
with the Notice of Determination, in accordance with the form set forth in Section 753.5 of Title
14 of the California Code of Regulations, and all actions previously taken by such officers and
employees in connection with the Notice of Deternlination and Certificate of Fee Exemption
for the Project are ratified and approved.
6. The proposed Project is consistent with the goals and policies of the City's Open
Space and Conservation Element of the General Plan, as more particularly set forth in the
Master Plan for Park Facilities, Recreation and Community Services, which was adopted by the
City Council on December 14, 1999 and incorporated by reference into the Open Space and
Conservation Element of the General Plan.
7. The Master Conceptual Plan for the redevelopment ofYorba Park is approved
only as it pertains to the dog park and the remaining portion of Yorba 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 within sixty (60) days 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 ofYorba Park for passive
recreational uses.8. Staff is further directed to incorporate in its recommendations the City
Council's concerns regarding signage, funding issues, the review process, looking at a
long range evaluation of a potential permanent site for a dog park, the nature of the
relationship between the Dog Park Association, the City and the neighborhood, and financing
and funding opportunities with the Dog
Park Association.ADOPTED this 23rd day of
September, 2003.If!thY'M~ity
of
Orange
ATTEST:EU~~City
Clerk, Ci
J.
r
I, CASSANDRA 1. CATHCART, 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 23,d
day of September, 2003, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Ambriz, Murphy, Coontz, Cavecche
COUNCILMEMBERS: None
COUNCILMEMBERS: Alvarez
COUNCILMEMBERS: None
j......, Cassandra J
L.I
fOrange
4