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HomeMy WebLinkAboutResolution No. 3120C RESOLUTION NO. 3120 A RESOLUTION OF THE CITY COUNCIL /PLANNING AGENCY OF THE CITY OF CYPRESS CERTIFYING AS TO ITS REVIEW OF THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE 1986 CYPRESS GENERAL PLAN UPDATE AND MAKING CERTAIN FINDINGS. WHEREAS, the City Council /Planning Agency of the City of Cypress conducted a public hearing on July 28, 1986 and reviewed the Draft Environmental Impact Report and responses to the Draft Environmental Impact Report for the 1986 Cypress General Plan Update; and NOW, THEREFORE, the City Council /Planning Agency of the City of Cypress does hereby resolve as follows: SECTION 1: Pursuant to the legal requirements for posting and conducting a public hearing on said Draft Environmental Impact Report and responses thereto, and the City Council /Planning Agency having considered all comments received thereon, which comments and responses have been attached to said Draft Environ- mental Impact Report and incorporated therein, the Draft Environmental Impact Report is hereby approved and adopted as the Final Environmental Impact Report for the 1986 Cypress General Plan Update. SECTION 2: The City Council /Planning Agency hereby certifies that the Final Environmental Impact Report for the 1986 Cypress General Plan Update has been completed in compliance with the California Environmental Quality Act of 1970 and the local environmental Resolution No. 1584 of the City of Cypress. SECTION 3: That the City Council /Planning Agency hereby finds with respect to the adverse environmental impacts detailed in the Final Environmental Impact Report: a. That the adverse environmental impacts which may result from imple- mentation of the 1986 Cypress General Plan Update have been con- sidered and recognized by the City Council /Planning Agency. b. That comments and responses on the Draft Environmental Impact Report and during the public hearing conducted by the City Council /Planning Agency have been considered and recognized by the City Council/ Planning Agency and will be incorporated into the Firral. Environmental Impact Report. c. That based on information set forth in the Draft Environmental Impact Report and responses thereto, the City Council /Planning Agency finds and determines that measures to mitigate certain impacts on the con- version of land to urban development exist and are included in the Final Environmental Impact Report (outlined in Attachment A). d. That based upon mitigation measures referred to in Attachment A, all environmental impacts of this project are mitigated to a level of insignificance, except for the conversion of land to urban develop- ment. SECTION 4: That the City Council /Planning Agency hereby finds and deter- mines that all feasible measures have been incorporated into the 1986 Cypress General Plan Update which will mitigate or substantially avoid any significant environmental effects, except for those impacts set forth in Section 3.d. The City Council /Planning Agency further finds that for any environmental impacts not mitigated or substantially lessened, the City Council /Planning Agency hereby adopts the following statement of overriding considerations: The City Council /Planning Agency finds that, based upon the Final Environmental Impact Report and /or information contained in the record, its action to approve and carry out the project (1986 Cypress General Plan Update) is supported for the following reasons: a. Implementation of the project will provide the guidelines and policies for managed growth relative to the existing conditions found in Cypress. b. Implementation of the project will result in the reduction and elimination of existing deficiencies found in the Circulation system and provision of Open Space in the City of Cypress. Therefore, the beneficial economic and social effects of the project override the potential adverse impacts of the project. PASSED AND ADOPTED by the City Council /Planning Agency of the City of Cypress at a regular meeting held on the 28th day of July 1986. ATTEST: CITY LERK F THE C Y OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council /Planning Agency held on the 28th day of July 1986, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin and Lacayo NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY CLERK F THE C,PTY OF CYPRESS 291 y) ATTACHMENT A STATEMENT OF FACTS SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED 1986 CYPRESS GENERAL PLAN UPDATE. BACKGROUND State EIR Guidelines (Guidelines) promulgated pursuant to the California Environ- mental Quality Act (CEQA) provide in part: "No public agency shall approve or carry out a project for which an environmental impact report has been completed and which identifies one or more significant effects of the project unless the public agency makes one or more of the follow- ing written findings accompanied by a statement of the facts supporting each finding." (Section 15091) The City of Cypress proposes to update the Circulation, Open Space, Conservation, Recreation, Noise and Land Use Elements of the Cypress General Plan. Because the proposed actions constitute a project under CEQA and the Guidelines, the City of Cypress has prepared an Environmental Impact Report (EIR). The EIR identified certain significant effects which may occur as a result of this project. Further, the City Council desires to approve this project, and has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. Therefore, findings are set forth herein pursuant to Section 15091 of the CEQA Guidelines. V 3 CONVERSION OF LAND TO URBAN DEVELOPMENT Impact The project will result in the conversion of vacant land, underutilized land, or redevelopment opportunities to urban intensified uses. Findings /Mitigation Measures (a) All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR. (b) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR, in that: 1 The implementation of the General Plan Update would result in the irreversible alteration of land to urban development resulting in growth within the City. The General Plan Update incorporates reasonable land use designations and policies providing for the types, intensities and location of development which represent managed growth with minimum disruption to the environment. 2. Development of existing vacant lands, or redevelopment oppor- tunities will be closely monitored through the specific policies of these elements, the specific planning process and enforcement of the Zoning Ordinance through application of the City's develop- ment review process, significant irreversible environmental changes will be minimized. 3. Project alternatives, other than the no project alternative, would still result in the conversion of vacant land and underutilized land to urban uses, with an accompanying increase in land use intensity. The result of no project alternative would be the continued use and regulation of the existing outdated General Plan Elements. (c) The remaining, unavoidable significant effect, if any, is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations which follows. 234 ATTACHMENT B STATEMENT OF OVERRIDING CONSIDERATIONS July 28, 1986 BACKGROUND State EIR Guidelines (Guidelines) promulgated pursuant to the California Environmental Quality Act (CEQA) provide in part: "(a) CEQA requires the decision -maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. Where agencies have taken action result- ing in environmental damage without explaining the reasons which supported the decision, courts have invalidated the action. "(b) Where the decision of the public agency allows the occurrence of significant effects which are identi- fied in the Final EIR but not mitigated, the agency must state in writing the reasons to support its action based on the Final EIR and /or other information records. This statement may be necessary if the agency also makes the finding under Section 15091 (a)(2) or (2)(3). "(c) If an agency makes a statement of overriding con- siderations, the statement should be included in the record of the project approval and should be mentioned in the Notices of Determination." (Section 15902 of the Guidelines) The City Council proposes to update the Circulation, Open Space, Conservation, Recreation, Noise and Land Use Elements for the City of Cypress. Because the action constitutes a project under CEQA and the Guidelines, an Environmental Impact Report (EIR) has been prepared by the City of Cypress. The EIR has identified certain significant effects that will follow from this project and the City Council desires to approve this project. After determining that the EIR is complete and has been prepared in accordance with the CEQA and the Guidelines, and making the Statements of Facts above, the City Council has also weighed the significant effects of the project against the overriding consideration noted as follows: 1. The implementation of the project will provide the guidelines and policies for managed growth relative to the existing conditions found in Cypress. 2. Implementation of the project will result in the reduction and elimination of existing deficiencies found in the circulation and provision of open space in the City of Cypress.