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RES-9537 Adopting Negative Declaration for Merged and Amended Redevelopment Project AreaRESOLUTION NO. 9537 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING THE NEGATIVE DECLARATION PREPARED IN CONNECTION WITH THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE ORANGE MERGED AND AMENDED REDEVELOPMENT PROJECT AREA WHEREAS, the Orange Redevelopment Agency ("Agency") has undertaken steps to amend and merge the Redevelopment Plans for the Tustin Street Original, Tustin Street Amendment No. I,Southwest Original, Southwest Amendment No. I, Southwest Amendment No.2, Southwest Amendment No.3, and Northwest Redevelopment Projects (collectively, the "Orange Merged and Amended Redevelopment Project Area"); and WHEREAS, the Agency is required to complete the actions prescribed by Sections 33354.6,and 33485 through 33489 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.: the "CRL"); and WHEREAS, the Agency has prepared a negative declaration (the "Negative Declaration") on the Amended and Restated Redevelopment Plan for the Orange Merged and Amended Redevelopment Project Area (the "Project") pursuant to the California Environmental Quality Act Public Resources Code Sections 21000, et seq.: "CEQA"), the Guidelines for Implementation of the California Environmental Quality Act (14 California Code of Regulations, Sections 15000, et seq.:the " CEQA Guidelines"), and procedures adopted by the Agency relating to environmental evaluation of public and private projects; and WHEREAS, the Negative Declaration referred to in this resolution consists of that document dated August, 2001 entitled "Orange Amended and Restated Redevelopment Plan Negative Declaration No. ENV-1677" and all written comments on that document and written responses thereto; and WHEREAS, according to the CRL, CEQA and the CEQA Guidelines, the Agency must adopt the Negative Declaration prior to acting on an ordinance to adopt the Project; and WHEREAS, notice to all interested persons and agencies inviting comments on the Negative Declaration was published in accordance with the provisions of CEQA and the CEQA Guidelines;and I WHEREAS, following notice duly and regularly given as required by law, a joint public hearing was held by the Board of Directors ofthe Agency and the City Council of the City of Orange on November 13, 2001, for the purpose of considering the Project and the Negative Declaration relating to the Project and soliciting comments thereon, and all interested persons expressing a desire to comment thereon or object thereto have been heard, and the Negative Declaration and all comments and responses thereto having been considered; and WHEREAS, all legal prerequisites to the adoption ofthis resolution have occurred. NOW, THEREFORE, the City Council of the City of Orange does hereby resolve as follows: Section I. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Negative Declaration. Section 2. The City Council has reviewed and considered the Negative Declaration prepared for the Project and finds it adequate in addressing the environmental impacts for the Project prior to its approval. The Negative Declaration satisfies the requirements of the CRL, CEQA and the CEQA Guidelines and is hereby approved and adopted. Based on the Negative Declaration, the comments received thereon, the responses to those comments, and all of the evidence and testimony before it, the City Council finds that the Negative Declaration reflects the independent judgment of the City Council and that there is no substantial evidence before the City Council that the Project may have a significant effect on the environment. Therefore, the City Council makes the de minimus findings of fact attached hereto as Attachment No. I and incorporated herein. Section 3. The City Clerk is hereby directed to file a Notice of Determination with the Clerk of the County of Orange pursuant to the provisions of Section 21152 of the Public Resources Code and Section 15075 of the CEQA Guidelines, along with two copies of the Certificate of Fee Exemption as required pursuant to Title 14, California Code of Regulations, Section 753.5(c). ADOPTED this 13th day of November, 2001. 2 ATTEST: l1-~;"''''~ d ~~.A -/ .h-d-Cassandra J. Cat , City Clerk, City of Orange I 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 13th day of November, 2001,by the following vote:AYES: COUNCILMEMBERS: Slater, Alvarez, Murphy, Coontz, Cavecche NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None a4A~ JA'~ ~~ /~d Cassandra J. Cathc ,CIty Clerk of the CIty of Orange 3