RES-9776 Certifying Final Environmental Impact Report Fieldstone CommunitiesRESOLUTION NO. 9776
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE CERTIFYING THE ADEQUACY OF
FINAL ENVIRONMENTAL IMPACT REPORT NO.
1647-00 PREPARED FOR THE 1l0-
ACRE FIELDSTONE COMMUNITIES PROJECT WHICH CONSISTS
OF A SIX-ACRE PUBLIC PARK; 38 ACRES
OF OPEN SPACE AND MUI~TI-USE
TRAILS; A TWO-ACRE HORSE STABLE; AND 64
ACRES FOR 177 SINGLE FAMILY
LOW DENSITY RESIDENTIAL UNITS. THE
DEVELOPMENT IS BORDERED GENERALLY BY SANTIAGO
CANYON ROAD TO THE SOUTH,CANNON STREET
TO THE WEST, THE MABURY RANCH DEVELOPMENT
TO THE NORTH AND THE
RESERVE DEVELOPMENT TO THE
EAST.APPLICANT: FIELDSTONE COMMUNITIES, INC.WHEREAS, in compliance with the
California. Environmental Quality Act (CEQA)California Public Resources Code Sections 21000 et seq.)
and the State CEQA Guidelines California Code of Regulations Sections 15000 et seq.), the City,
acting as Lead Agency, has prepared Final Environmental Impact Report No.
1647-00, State Clearinghouse No. 99101125 for the applications submitted by
Fieldstone Communities, Inc. (hereinafter collectively referred to as the
Project) consisting of a request for:General Plan Amendment to the Land Use
Map to change the portion of the project site designated
Resource Area to Low Density
Residential,Open Space, and Open Space-Park;Amendments to the East Orange
Plan and the Orange Park Acres Plan to delete portions
of the subject site from both plans;Zone Change to change the portion of
the site presently zoned
S-G to R-1-
6, R-I-8, and R-O;Tentative Tract Map No. 15750;
Minor Site Plan Review 249-02
to allow creation of lots without direct access to
a public street;
and Variance 2113-02 to waive the minimum lot dimensional
requirements on one lot.WHEREAS, Final Environmental Impact Report No.
1647-00 (hereafter, the FEIR)evaluates the potential adverse environmental effects of the
Project; and
a) Draft Environmental Impact Report, dated August 28, 2001;
b) Appendices Volumes 1 and II to the Dratt Environmental Impact Report,
dated August 28, 2001;
c) Final Environmental Impact Report Response to Comments, including
Appendices J through S, dated September 9, 2002;
d) Additional Analysis to the Final Environmental Impact Report, including
Appendices T through Y, dated March 5, 2003;
e) Final Environmental Impact Report Response to Comments dated April
29,2003; and
f) All attachments, incorporations, and references to the documents
delineated in items (a) through (e), above:, and submitted to the City as part
of the EIR process.
WHEREAS, in accordance with state and local law the Planning Commission
conducted several hearings on the Project, voting 2-2 on June 3, 2002, to not
recommend approval of the FEIR and Genera] Plan Amendment ]-0];
and WHEREAS, in accordance with City laws Fie]dstone Communities filed a
timely appeal of the Planning Commission decision;
and WHEREAS, in accordance with state and City laws the City Council has reviewed
and fully considered the FEIR, and conducted public hearings on Ju]y 22, 2003, August ]2,
2003,and September 9, 2003, to consider the FEIR and other applications and to hear
public testimony concerning the FEIR;
and WHEREAS, pursuant to Section 2108] of CEQA and Section ]5091 of the
CEQA Guidelines, prior to approval of a project for which an EIR has been prepared and identified
one or more significant environmental effects of the project, the decisionmaking body must
make one or more of the findings set forth in Section 20]8] of CEQA, together with a statement
of facts in support of each finding;
and WHEREAS, Section ]5093(a) of the CEQA Guidelines requires the City Council
to balanc(: the benefits of a proposed project against its unavoidable environmental risks
in determining whether to approve the project;
and WHEREAS, Section ]5093(b) of the CEQA Guide]ines 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 Administrative Record;
and WHEREAS, the City has prepared and the City Council has reviewed draft "
Findings and Facts in Support of Findings and Statement of Overriding Considerations" dated August ]
2,2003, for the Project, which should be adopted if the City approves the Project;
and Reso. No_ 9776 2
WHEREAS, Section 21091.6 ofCEQA 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, dated August 12, 2003, 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 ,md declares as follows:
I. The FEIR 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 Proj ect.
2. The FEIR contains an adequate 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 proposed
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 procedures.
7. The FEIR has been and will be on file with the City of Orange Planning
Department, 300 East Chapman Avenue, Orange, California.
ADOPTED this 14th day of October, 2003.
l~ 1M
3
ATTEST:
f~~-:;-t:d&::r,,/~CassandraJ_ Ca , City Clerk, City of Orange I,
CASSANDRA J. 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 14th day of October, 2003, by the following
vote:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: Alvarez, Murphy, Coontz COUNCIL
MEMBERS: Ambriz, Cavecche COUNCIL
MEMBERS: None COUNCIL
MEMBERS: None a4d~
0~/~~~Cassandra
J. Cathca, lty Clerk, City of Orange Reso_
No 9776 4 DAD