Resolution No. 6421411
RESOLUTION NO. 6421
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT (SCH #2013121083) FOR THE MACKAY PLACE RESIDENTIAL
PROJECT LOCATED AT 8721 CYPRESS AVENUE IN THE
CITY OF CYPRESS, CALIFORNIA
WHEREAS, the Mackay Place Specific Plan Environmental Impact Report, State
Clearinghouse #2013121083 ( "EIR ") was prepared by the City of Cypress ( "City ") to
address the environmental implications of the Mackay Place Residential Project (the
"Project "); and
WHEREAS, on December 24, 2013, a Notice of Preparation /Initial Study for the
Project was prepared in conjunction with the Mackay Place Specific Plan ( "MPSP ")
Program EIR and distributed to the State Clearinghouse, other responsible agencies,
trustee agencies, and interested parties; and
WHEREAS, after obtaining comments received in response to the Notice of
Preparation, and comments received at two public scoping meetings held on January 15,
and January 29, 2014, the City completed preparation of the MPSP EIR, which was
adopted on May 27, 2014; and
WHEREAS, the City filed a Notice of Completion with the State Clearinghouse on
March 21, 2014 and the Draft EIR was circulated for public review and comment from
March 21, 2014 to May 5, 2014, and was available for review at the Community
Development Department at Cypress City Hall, the Cypress Library, and on the City's
website; and
WHEREAS, public comments have been received on the Draft EIR, and responses
to those comments have been prepared and provided to the City Council as a section
within a separately bound document entitled "Mackay Place Environmental Impact Report
Final EIR" (the "Responses to Comments "), dated May 15, 2014; and
WHEREAS, Public Resources Code 21092.5(a) requires that the City of Cypress
provide a written proposed response to any public agency that commented on the
Environmental Impact Report, and the Response to Comments included in the Final
Environmental Impact Report satisfies this provision; and
WHEREAS, the City Council held a public meeting on the EIR on May 27, 2014 and
received and considered public testimony.
NOW, THEREFORE, the City Council of the City of Cypress hereby FINDS,
DETERMINES, and RESOLVES as follows:
1. The Final EIR (SCH #2013121083), the Findings of Fact (Exhibit "A "), and the
Mitigation Monitoring and Reporting Program (Exhibit "B ") have been prepared in accordance
with the requirements of CEQA (Public Resources Code Section 21000 et seq.) and the
CEQA Guidelines (California Code Regulations Title 14 Section 15000 et seq.).
2. Consistent with CEQA Guidelines Section 15132, the Final EIR for the
Project is comprised of the Draft EIR and Appendices, the comments received on the Draft
EIR, the Responses to Comments (including a list of persons, organizations, and public
agencies commenting on the Draft EIR), the Text Changes to the Draft EIR (bound
together with the Responses to Comments), and all Planning Division Staff Reports to the
City Council, including all minutes, transcripts, attachments, and references. All of the
above information has been and will be on file with the City of Cypress Planning Division,
5275 Orange Avenue, City of Cypress, California 90630.
3. The Final EIR is certified as complete and legally adequate in that it has
identified all significant environmental effects of the Project and that there are no known
potential environmental impacts not addressed in the Final EIR.
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4. The Final EIR identifies certain significant environmental effects that will
result if the Project is approved, all significant effects of which can feasibly be and shall be
mitigated or avoided by the incorporation of Project design features, standard conditions
and requirements, and by the imposition of mitigation measures on the approved Project.
All mitigation measures are included in the "Mitigation Monitoring and Reporting Program"
(also referred to as the "Mitigation Monitoring Program ") attached as Exhibit "B" to this
Resolution and incorporated herein by this reference.
5. As required by Public Resources Code Section 21081.6, the City Council
hereby adopts the Mitigation Monitoring and Reporting Program (Exhibit "B "). The City
Council further finds that the Mitigation Monitoring and Reporting Program is designed to
ensure that, during project implementation, the Agency, 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.
6. The Final EIR has described reasonable alternatives to the Project that could
feasibly obtain the basic objectives of the Project (including the "No Project" Alternative),
even when these alternatives might impede the attainment of Project objectives. Further,
the City Council finds that a good faith effort was made to incorporate alternatives in the
preparation of the Draft EIR and that a reasonable range of alternatives was considered in
the review process of the Final EIR and ultimate decisions on the Project.
7. No "substantial evidence" (as that term is defined pursuant to CEQA
Guidelines Section 15384) has been presented that would call into question the facts and
conclusions in the EIR.
8. No "significant new information" (as that term is defined pursuant to CEQA
Guidelines Section 15088.5) has been added to the Final EIR after circulation of the Draft
EIR. The City Council finds that any minor refinements that have been made in the Project
as a result of clarifications in the mitigation measures and EIR text do not amount to
significant new information concerning the Project, nor has any significant new information
concerning the Project become known to the City Council through the public hearings held
on the Project, or through the comments on the Draft EIR and Responses to Comments.
9. The Mitigation Monitoring Program establishes a mechanism and procedures
for implementing and verifying the mitigations pursuant to Public Resources Code 2108.6
and hereby adopts the Mitigation Monitoring Program. The mitigation measures shall be
incorporated into the Project prior to or concurrent with Project implementation as defined
in each mitigation measure.
10. The Final EIR reflects the independent review and judgment of the City of
Cypress City Council, that the Final EIR was presented to the City Council, and that the
City Council reviewed and considered the information contained in the Final EIR prior to
approving a project located on the subject property.
The City Council of the City of Cypress hereby FURTHER FINDS, DETERMINES,
and RESOLVES as follows:
11. All of the documents constituting the City's record of proceedings on which
its decision is based are contained in the office of the City Clerk of the City of Cypress and
the City Clerk is the custodian of records of those documents.
The City Council of the City of Cypress hereby FURTHER FINDS, DETERMINES,
and RESOLVES as follows:
12. The Final EIR for the Mackay Place Specific Plan is hereby certified and
adopted in accordance with CEQA and the CEQA Guidelines.
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PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 27th day of May, 2014.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO OF THE 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 27th day of May, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS