Resolution No. 6712184
RESOLUTION NO 6712
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE ADDENDUM TO THE CERTIFIED FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE BARTON PLACE PROJECT ADOPTING
THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT FOR CONSTRUCTION OF
ASSISTED LIVING AND RETAIL COMMERCIAL BUILDINGS
WHEREAS, in order to evaluate the Project under the California Environmental Quality
Act ("CEQA," codified at Public Resources Code § 21000, et seq., as further governed by
the CEQA Guidelines found at 14 C.C.R. § 15000, et seq.), an addendum to the Barton
Place Environmental Impact Report was prepared (the Draft EIR as revised by the Final
EIR's errata section, together with the other sections of the Final EIR, are collectively
referred to herein as the "EIR;" and
WHEREAS on October 26 2015 the City Council of the City of Cypress certified
the Barton Place EIR and approved the Mitigation Monitoring and Reporting Program for
the Barton Place Project and
WHEREAS, the Project is consistent with the City's General Plan; and
WHEREAS, pursuant to CEQA, when taking subsequent actions in furtherance of a
project for which an EIR has been certified the lead agency is required to review any
changed circumstances or new information to determine whether any of the circumstances
under Public Resources Code section 21166 and State CEQA Guidelines section 15162
require additional environmental review; and
WHEREAS, LSA evaluated the Project in light of the standards for subsequent or
supplemental environmental review outlined in Public Resources Code section 21166 and
State CEQA Guidelines section 15162 by preparing an Initial Study and
WHEREAS based on that evaluation staff concluded that the EIR fully analyzed and
mitigated, where feasible, all potentially significant environmental impacts, if any, that would
result from the Project, and therefore, no subsequent or supplemental EIR or mitigated
negative declaration is required and
WHEREAS on that basis LSA on behalf of the City prepared an Addendum
pursuant to State CEQA Guidelines section 15164; and
WHEREAS, pursuant to CEQA Guideline 15164, subdivision (c), the Addendum is not
required to be circulated for public review but can be attached to the EIR. and
WHEREAS on October 8 and November 13 2018, the Addendum together with the
EIR was considered by the City Council; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred
NOW, THEREFORE BE IT FURTHER RESOLVED the City Council of the City of
Cypress hereby finds determines and resolves as follows.
SECTION 1 Compliance with CEQA. State CEQA Guidelines section 15164
requires lead agencies to prepare an addendum to a previously certified EIR if some
changes or additions to the project are necessary, but none of the conditions requiring
preparation of a subsequent or supplemental EIR are present. The City Council has
reviewed and considered the EIR and Addendum and finds that those documents taken
together contain a complete and accurate reporting of all of the environmental impacts
associated with the Revised Project The City Council further finds that the Addendum
and administrative record have been completed in compliance with CEQA the State
CEQA Guidelines and that the EIR and Addendum, taken together reflect the City's
independent judgment
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SECTION 2 Findings Regarding Environmental Impacts. Based on the substantial
evidence set forth in the record, including but not limited to the EIR and the Addendum, the
City Council finds that, based on the whole record before it, none of the conditions under
State CEQA Guidelines section 15162 or 15163 requiring subsequent or supplemental
environmental review have occurred because the Revised Project.
a) will not result in substantial changes that would require major revisions of
the EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects, and
b) will not result in substantial changes with respect to the circumstances
under which the Revised Project is developed that would require major revisions of the EIR
due to the involvement of new significant environmental effects or a substantial increase in
the severity of the previously identified significant effects and
c) does not present new information of substantial importance that was not
known and could not have been known with the exercise of reasonable diligence at the time
the EIR documents were certified or adopted, as applicable, showing any of the following
(i) that the modifications would have one or more significant effects not discussed in the
earlier environmental documentation (ii) that significant effects previously examined would
be substantially more severe than shown in the earlier environmental documentation (iii)
that mitigation measures or alternatives previously found not to be feasible would in fact be
feasible and would substantially reduce one or more significant effects, but the applicant
declined to adopt such measures, or (iv) that mitigation measures or alternatives
considerably different from those analyzed previously would substantially reduce one or
more significant effects on the environment, but which the applicant declined to adopt.
Further based on the substantial evidence set forth in the record including but
not limited to the EIR and the Addendum, the City Council finds that the applicable mitigation
measures identified in the EIR would be applicable to the Project and would ensure that
any potential environmental impacts would be reduced to less than significant levels No
new mitigation measures are required to mitigate environmental impacts associated with
the Revised Project
Therefore, the Addendum supports the City's consideration of the Project, as outlined in
the State CEQA Guidelines Section 15162 and 15164.
SECTION 3 NOW THEREFORE BE IT FURTHER RESOLVED that the City
Council of the City of Cypress does hereby approve the Addendum to the Barton Place
Environmental Impact Report.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of November 2018
MAY
ATTEST.
1(441LCOX
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF CYPRESS
I, DENISE BASHAM, 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 held
on the 13th day of November 2018 by the following roll call vote'
AYES 3 COUNCIL MEMBERS Johnson, Morales, and Peat
NOES 2 COUNCIL MEMBERS Yarc and Berry
ABSENT 0 COUNCIL MEMBERS. None
CITY CLERK OF THE CITY OF CYPRESS