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Resolution No. 6983 108 RESOLUTION NO. 6983 A RESOLUTION OF CITY COUNCIL OF THE CITY OF CYPRESS (1) ADOPTING THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (2) CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (SCH NO. 2023040560) FOR THE PROGRAMMATIC UPDATE TO THE CITY'S GENERAL PLAN, LINCOLN AVENUE SPECIFIC PLAN, THE CYPRESS TOWN CENTER AND COMMONS SPECIFIC PLAN 2.0, THE 2012 CYPRESS BUSINESS AND PROFESSIONAL CENTER SPECIFIC PLAN, AND IMPLEMENTING ZONING ORDINANCE; (3) ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM, AND (4) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City Council of the City of Cypress ("City") has proposed a programmatic update to the City's General Plan, Lincoln Avenue Specific Plan (LASP), the Cypress Town Center and Commons Specific Plan 2.0 (CTCC Specific Plan), the 2012 Cypress Business and Professional Center Specific Plan (CBPC Specific Plan), and the Zoning Ordinance (collectively, "Proposed Project"); WHEREAS, the Proposed Project would not directly result in physical development, but instead, includes amendments to the City's Zoning Ordinance and an update of the City's General Plan to reflect the 2021-2029 Housing Element adopted on June 27, 2022 and, in accordance with the California Environmental Quality Act of 1970 ("CEQA"), an Initial Study/Negative Declaration (IS/ND), finding no substantial evidence that adoption of the 2021-2029 Housing Element may have a significant effect on the environment; WHEREAS, the Proposed Project would update the City's General Plan and Zoning Ordinance, and the LASP to be "internally consistent," meaning any and all conflicts must be acknowledged and resolved; WHEREAS, in order for the 2021-2029 Housing Element to be internally consistent with the Zoning Ordinance and Specific Plans, the Proposed Project would rezone sites and/or amend the General Plan to accommodate the City's housing needs, as set forth in the 2021-2029 Housing Element; WHEREAS, the Proposed Project divides the City's Regional Housing Needs Assessment between the CTCC Specific Plan area, the CBPC Specific Plan area, and the LASP area, with the majority of the zoning in the CTCC Specific Plan remaining unchanged, the allowable residential density within several parcels of the CTCC Specific Plan Area increasing up to 30 dwelling units per acre to accommodate a maximum of 676 units, the existing unit cap of 1,250 units would also be removed to allow development within these districts up to the existing maximum allowable density regardless of the number of units already developed within the CTCC Specific Plan area; WHEREAS, with the aforementioned proposed changes, an estimated 1,791 units could be accommodated within the CTCC Specific Plan area, in addition to the 135-unit Belmont project currently under construction; WHEREAS, on June 5, 2018, the voters of the City of Cypress approved an initiative titled "Measure A", known as the "Cypress Town Center and Commons 2.0 Initiative" establishing the CTCC and amending the Cypress General Plan, the Cypress Zoning Ordinance and Zoning Map and the Amended and Restated Cypress Business & Professional Center Specific Plan; WHEREAS, Measure A requires voter approval of any amendment of the CTCC, the Zoning Map or the Zoning Ordinance of the City of Cypress that would permit any land use other than those permitted in Measure A and any related amendment of the General Plan; 109 WHEREAS, concurrent with the approval of this Resolution, the City Council of the City is approving a Resolution Ordering the Submission to the Qualified Electors of the City of Cypress of a Measure to Consider Approval of an Ordinance to Repeal the Cypress Town Center And Commons Specific Plan 2.0 and adopt the Cypress Town Center And Commons Specific Plan 3.0 to Meet the City of Cypress's Regional Housing Needs Allocation at the General Municipal Election to Be Held on November 5, 2024; WHEREAS, pursuant to the authority and criteria contained in CEQA, the City, as the Lead Agency, has analyzed the Proposed Project and has prepared an Environmental Impact Report (SCH NO. 2023040560) ("EIR") to evaluate environmental impacts associated with the Proposed Project; to discuss alternatives; and to propose mitigation measures that will minimize, offset, or otherwise reduce or avoid the identified potentially significant environmental impacts; WHEREAS, in compliance with CEQA Section 21080.4, a Notice of Preparation ("NOP") was prepared by the City and distributed for public comment to the State Clearinghouse, Office of Planning and Research, responsible agencies, and other interested parties on April 21, 2023, after which a public scoping meeting was held during the NOP review period at the Cypress Community Center on May 2, 2023; and WHEREAS, the Draft EIR was subsequently circulated for public review from the required 45 days from May 7, 2024 through June 21, 2024, a copy of the Draft EIR was circulated through the State Clearinghouse (SCH # 2023040560) and posted on the City's website, and was available at the planning counter at City Hall; and WHEREAS, the public review period for the Draft EIR ended on June 21, 2024; and WHEREAS, a Final EIR was prepared on the Proposed Project, comments were received on the Draft EIR, and responses to those comments, and well as any appropriate revisions and clarifications to the Draft EIR, were made in response to the comments received in the Final EIR; and WHEREAS, the City of Cypress Planning/Community Development Department on June 27, 2024, posted a legal notice in compliance with State law and the Cypress Charter concerning the City Council's consideration of the EIR; and WHEREAS, the EIR was presented to the City Council at its regular meeting on July 8, 2024; WHEREAS, the opportunity to provide public testimony and evidence, both written and oral, was then provided by and considered by the City Council during a public hearing, which was then closed; and WHEREAS, the City Council now desires to adopt a resolution (1) adopting the findings required by CEQA Guidelines, Section 15091; (2) certifying the EIR for the Proposed Project; (3) adopting the proposed mitigation monitoring and reporting program, and (4) adopting a statement of overriding considerations, pursuant to the California Environmental Quality Act; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the recitals above of this Resolution are true and correct and incorporated herein. Section 2. Administrative Record. All evidence introduced before the City Council at the public hearing on the EIR held on July 8, 2024, are hereby incorporated into the record of this proceeding, including all documents specified under applicable State law, and shall comprise the entire record of proceedings for any claims under CEQA. H0 Section 3. EIR Contents. The EIR consists of the following: a. The Final EIR including all Technical Appendices attached; b. The Draft EIR including all Technical Appendices attached; c. The Notice of Preparation and comments received in response to the Notice of Preparation; d. The Mitigation Monitoring and Reporting Program; e. Additions and corrections to the remaining portions of the Draft EIR that have been made pursuant to public comments and Draft EIR review including all Technical Appendices attached thereto; f. Comments received on the Draft EIR with Responses to each of the Comments made; g. The Notice of Completion and Availability of the Draft EIR for public review; and g. Any other information added by the Lead Agency. (All hereafter collectively referred to as the "EIR") The EIR supplements the FEIR, which is included in the administrative record. Section 4. Accompanying Documents To EIR. Documents that shall accompany and be part of the EIR are: a. Mitigation Monitoring and Reporting Program; b. Findings of Fact; and c. Statement of Overriding Considerations. Section 5. Certification Of Compliance With California Environmental Quality Act. The City Council does hereby find that the EIR (Exhibit "1" to this Resolution, a copy which is on file with the Planning/Community Development Department), the Findings of Fact and the Statement of Overriding Considerations(Exhibit"2"to this Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit "3" to this Resolution) have been prepared in accordance with requirements of the California Environmental Quality Act, and the CEQA Guidelines. Section 6. CEQA Findings of Fact, Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations. a. Adoption of Findings of Fact. The City Council does approve, accepts as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "2" of this Resolution, a copy of which is on file in the Planning/Community Development Department. b. Certification of Supplemental Environmental Impact Report. The City Council certifies that (1) the EIR has been completed in compliance with CEQA; (2) that it has reviewed and considered the information contained in the EIR prior to approving the project; and (3) that the EIR reflects the City Council's independent judgment and analysis. c. Mitigation Monitoring and Reporting Program. As more fully identified and set forth in EIR and in the Findings of Fact for this Project, which is Exhibit "2" to this Resolution, the City Council finds that the mitigation measures described and specifically identified in the above-referenced documents are feasible and shall become binding upon the entity (such as the project proponent or the City) assigned thereby to implement the particular mitigation measures as identified in the Mitigation Monitoring and Reporting Program. d. Adoption of Statement of Overriding Considerations. Even after the adoption of all feasible mitigation measures and, certain significant or potentially significant environmental effects caused by the Proposed Project directly, or cumulatively, will remain. Therefore, the City Council issues and approves a Statement of Overriding Considerations in the form set forth in Exhibit "2," which identifies air quality emissions associated with future development that may occur under the Proposed Project, and that they render the unavoidable significant adverse environmental effects acceptable, either in its current form 111 or as may be modified or amended by the City Council. Additionally, the Statement of Overriding Considerations in the form set forth in Exhibit "2" identifies the specific economic, legal, social, technological and other considerations that render the unavoidable significant adverse environmental effects acceptable, either in its current form or as may be modified or amended by the City Council. e. Adoption of Mitigation Monitoring and Reporting Program. As required by applicable State law, the City Council adopts the Mitigation Monitoring and Reporting Program set forth in Exhibit "3" of this Resolution. The City Council finds that the Program is designed to ensure that, during project implementation, the City and any other responsible parties implement the project components and comply with the mitigation measures identified in the Findings of Fact and the Mitigation Monitoring and Reporting Program. Section 7. Effective Date of Resolution. This Resolution shall become effective immediately. The Planning/Community Development Department is directed to file a Notice of Determination. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 9th day of July, 2024. JrAYOR OFT CITY 0 Y 'ESS ATTEST: 44 , - -(k!1Ark-tV CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS I, ALISHA FARNELL, 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 9th day of July, 2024, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Burke, Mallari, Peat and Minikus NOES: 1 COUNCIL MEMBERS: Marquez ABSENT: 0 COUNCIL MEMBERS: None _ 1ViStk CITY CLERK OF THE CITY F CYPRESS 112 EXHIBIT "1" ENVIRONMENTAL IMPACT REPORT (PROVIDED AS A SEPARATE DOCUMENT) 113 EXHIBIT "2" CEQA FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS (PROVIDED AS A SEPARATE DOCUMENT) 114 EXHIBIT "3" MITIGATION MONITORING AND REPORTING PROGRAM MITIGATION MONITORING AND REPORTING PROGRAM When making findings, CEQA requires that a lead agency must adopt a reporting or monitoring program for the changes to the project that it has adopted or made a condition of project approval to ensure compliance during project implementation. As required by CEQA, the City adopts, concurrently with the adoption of these Findings, a Mitigation Monitoring and Reporting Program ("MMRP") to meet the requirements of Public Resources Code Section 21081.6 by providing for the implementation and monitoring of measures intended to mitigate potentially significant effects of the Proposed Project. The MMRP, as presented in the Final EIR, is designed to serve this purpose for the mitigation measures identified in the EIR. The MMRP requires that the City or other governmental agencies monitor mitigation measures designed to reduce or eliminate significant impacts, as well as those mitigation measures designed to reduce environmental impacts that are less than significant. The MMRP includes all the mitigation measures identified in the FEIR and has been designed to ensure compliance during implementation of the Proposed Project. The MMRP describes the procedures for the implementation of all of the mitigation measures identified in the EIR for the Proposed Project. Mitigation measures set forth in the MMRP are specific and enforceable and are capable of being fully implemented by the City of Cypress, the various applicants, and/or other identified public agencies of responsibility. It is the intent of the MMRP to (1) verify satisfaction of the required mitigation measures of the EIR; (2) provide a methodology to document implementation of the required mitigation; (3) provide a record of the Monitoring Program; (4) identify monitoring responsibility; and (5) establish administrative procedures for the clearance of mitigation measures. The MMRP lists mitigation measures according to the same numbering system contained in the Draft EIR sections. The City finds that the impacts of the Proposed Project have been mitigated to the extent feasible by the mitigation measures identified in the Final EIR and in the MMRP. The City adopts the MMRP for the Proposed Project that accompanies the EIR. The MMRP designates responsibility and anticipated timing for the implementation of mitigation measures and conditions within the jurisdiction, of the City. The City approves and will implement all the mitigation measures identified in the EIR.