Resolution No. 6080 150
RESOLUTION NO. 6080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING
PLAN FOR THE 13 ACRE RETAIUCOMMERCIAL PROJECT.
WHEREAS, the Cypress City Council will be considering alternative plans for the
possible development of an approximately 13.3-acre site at the northwest corner of Katella
Avenue and Winners Circle, located in the City of Cypress, which activity is known and has
been referred to as the 13-Acre Retail Commercial Project (the "Project"); and
WHEREAS, the Cypress City Council determined to evaluate the potential
environmental effects of the proposed Project in order to comply with the requirements of the
California Environmental Quality Act; and
WHEREAS, an Initial Study/Environmental Checklist and Mitigated Negative
Declaration have been prepared for the proposed Project in accordance with the provisions of
the California Environmental Quality Act, the State CEQA Guidelines, and the implementing
regulations adopted by the Cypress City Council; and
WHEREAS, the Initial Study/Environmental Checklist for the proposed Project has
determined that although the proposed Project could have a significant adverse impact on the
environment, there would not be a significant effect in this case because appropriate mitigation
measures were made a part of the Mitigated Negative Declaration; and
WHEREAS, the Cypress City Council circulated the Initial Study/ Environmental
Checklist and Mitigated Negative Declaration for the proposed Project for review by the public,
and by the City of Los Alamitos, in compliance with the California Environmental Quality Act,
the State CEQA Guidelines, and the implementing regulations adopted by the Cypress City
Council; and
WHEREAS, the Cypress City Council published a Notice of Intent to file a Mitigated
Negative Declaration for the proposed Project in The Event Newspaper on March 14, 2008,
which informed persons of the preparation of the documents, the availability of the documents
for public review, and the ability to submit written comments on the documents; and
WHEREAS, no written comments on the Initial Study/Environmental Checklist and
Mitigated Negative Declaration for the proposed Project were received during the specified
comment period; and
WHEREAS, the Cypress City Council duly conducted a noticed public meeting on April
28, 2008, concerning the Initial Study/Environmental Checklist and Mitigated Negative
Declaration for the proposed Project; and
WHEREAS, prior to or during the consideration by the Cypress City Council of the Initial
Study/Environmental Checklist and Mitigated Negative Declaration for the proposed project, an
opportunity was provided for interested persons and organizations to present oral
communications; and
WHEREAS, after receiving oral communications, and all of the documentation relating
to the Initial Study/Environmental Checklist and Mitigated Negative Declaration for the
proposed Project, the Cypress City Council deliberated regarding the Initial Study/
Environmental Checklist and Mitigated Negative Declaration for the proposed Project, and duly
considered all of the information and evidence presented, including written and oral comments;
NOW, THEREFORE, BE IT RESOLVED, THAT THE CYPRESS CITY COUNCIL,
HEREBY DOES FIND, DETERMINE, AND DECLARE, BASED UPON EVIDENCE
PRESENTED TO IT, AS FOLLOWS:
Section 1. The Cypress City Council has independently reviewed and considered
the information contained in the Initial Study/Environmental Checklist and Mitigated Negative
Declaration for the proposed Project.
Section 2. The Cypress City Council finds that the Initial Study/ Environmental
Checklist and Mitigated Negative Declaration for the proposed Project have been prepared
and processed in compliance with the California Environmental Quality Act, the State CEQA
Guidelines, and the implementing regulations adopted by the Cypress City Council.
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Section 3. The Cypress City Council finds, in the exercise of its independent 151
judgment, that the Initial Study/ Environmental Checklist and Mitigated Negative Declaration
for the proposed Project adequately describe and address the environmental effects of the
proposed Project and that, based upon the Initial Study/Environmental Checklist and Mitigated
Negative Declaration for the proposed Project, the comments received thereon, and the entire
administrative record of the proceedings, there is no substantial evidence in light of the whole
record that there may be significant adverse environmental effects as a result of the approval
of the proposed Project by reason of the incorporation of the mitigation measures identified in
the Mitigated Negative Declaration into the proposed Project, which measures mitigate any
potential significant effect to a point where no significant environmental effects will occur as a
result of the proposed Project.
Section 4. A mitigation monitoring program, a copy of which is attached hereto as
Exhibit F, is hereby adopted pursuant to California Public Resources Code section 21081.6 in
order to assure compliance with the mitigation measures during implementation of the
proposed Project.
Section 5. Based on the Initial Study/Environmental Checklist and Mitigated
Negative Declaration for the Project and the entire administrative record of the proceedings,
there is no substantial evidence that the proposed Project has any potential for adverse effects
on wildlife resources or the habitat on which the wildlife depends pursuant to California Fish
and Game Code section 711.2. (See Public Resources Code section 21089(b) and title 14,
section 753.5 of the California Code of Regulations.)
Section 6. The Mitigated Negative Declaration for the Project reflects the
independent judgment and analysis of the Cypress City Council.
Section 7. The Mitigated Negative Declaration for the Project is hereby approved
and adopted.
Section 8. The location of the documents that constitute the record of proceedings
upon which the decision of the Cypress City Council is based is Cypress City Hall, 5275
Orange Avenue, Community Development Department, City of Cypress, Cypress, California,
90630, and the custodian of those records is Mr. Ted Commerdinger, Director of the
Community Development Department, City of Cypress.
Section 9. The Secretary of the Cypress City Council shall certify to the passage of
this Resolution.
Section 10. The Director of the Community Development Department, City of
Cypress, shall cause to be filed with and posted by the County Clerk a Notice of Determination
pursuant to California Public Resources Code section 21152 and section 15075 of the State
CEQA Guidelines
PASSED AND ADOPTED, by the City Council of the City of Cypress at a regular
meeting held on the 28th day of April, 2008.
411k! ' .
MAYOR OF THE CIT,/OF CYPRESS
ATTEST:
' -i o-e 1 G vv)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 28th day of April, 2008, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Mills, Narain, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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