Resolution No. 6533097
RESOLUTION NO. 6533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
(SCH #2013121083), ADOPTING THE STATEMENT OF FACTS AND FINDINGS
AS REQUIRED BY PUBLIC RESOURCES CODE SECTION 21081(A) AND CEQA
GUIDELINES SECTION 15091, AND APPROVING A MITIGATION MONITORING
PROGRAM AS REQUIRED BY PUBLIC RESOURCES CODE SECTION 21081.6
AND CEQA GUIDELINES SECTION 15097, AS RELATED TO BARTON PLACE SENIOR
HOUSING AND COMMERCIAL RETAIL PROJECT LOCATED AT THE NORTHEAST
CORNER OF KATELLA AVENUE AND ENTERPRISE DRIVE IN THE
CITY OF CYPRESS, CALIFORNIA
WHEREAS, the City of Cypress ( "City ") received an application for the Barton Place
Project (the "Project "), and commenced assessment of the environmental implications of
the Project consistent 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.); and
WHEREAS, on February 27, 2015, a Notice of Preparation /Initial Study for the
Project was prepared in conjunction with the preparation of an Environmental Impact
Report ( "EIR ") for the Project and distributed to the State Clearinghouse and responsible
agencies, trustee agencies, and interested parties, pursuant to CEQA Guidelines Section
15082 and Public Resources Code Section 21080.4, with the 30 day review period ending
on March 31, 2015; and
WHEREAS, during the public review period, the City received four comment letters
from State, regional, and local public agencies and six comments from private individuals,
with the scope of the issues identified in the comments including potential impacts
associated with a variety of topical areas.
WHEREAS, in order to obtain input from affected agencies and interested parties,
including members of the public, a public scoping meeting was held at the Courtyard by
Marriott Hotel located at 5865 Katella Avenue in the City of Cypress on March 16, 2015,
with a total of 17 individuals attending the scoping meeting; and
WHEREAS, the scope of the issues identified in the comments included potential
impacts associated with a variety of topical areas, which were identified and addressed in
the Draft EIR; and
WHEREAS, the City, exercising its independent judgement, completed the Draft
EIR, and filed a Notice of Completion with the State Clearinghouse on July 24, 2015, for a
45 -day review period concluding on September 8, 2015, pursuant to Public Resources
Code Section 21161 and CEQA Guidelines Section 15085; and
WHEREAS, the City also provided Notice of Availability of the Draft EIR for public
review and comment for a 45 day review period from July 24, 2015 to September 8, 2015,
and the Draft EIR was available for review at the Community Development Department at
Cypress City Hall, the Cypress Library, and on the City's website, pursuant to Public
Resources Code Section 21092 and CEQA Guidelines Section 15087; and
WHEREAS, on July 24, 2015, public Notice of Availability of the Draft EIR was
posted in the office of the Orange County Clerk pursuant to Section 15087(d) of the CEQA
Guidelines; and
WHEREAS, for at least 45 days following the publication, posting and direct mailing
of the Notice of Availability, the public was given an opportunity to comment, in writing, on
the adequacy of the Draft EIR as an informational document; and
WHEREAS, the City received a total of six comment letters from public agencies
during the review period for the Draft EIR, which letters are included along with written
responses prepared and set forth in Chapter 2.0 of the Final EIR document entitled "Barton
Place Environmental Impact Report Final EIR" (the "Responses to Comments "), consistent
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with Public Resources Code section 21092.5(a) and CEQA Guidelines Section 15088,
15089 and 15132, and
WHEREAS, the Final EIR, dated October 2015 ( "Final EIR ") was prepared pursuant
to CEQA Guidelines Section 15088, 15089 and 15132, and includes the Draft EIR,
Responses to Comments, and minor corrections; and
WHEREAS, pursuant to CEQA Guidelines Section 15132, the Final EIR is required
to be completed in compliance with CEQA; and
WHEREAS, pursuant to Public Resources Code section 21092.5, the City mailed
written responses to comments to all public agencies that commented on the Draft EIR;
and
WHEREAS, there were other no written comments submitted by any other person
or entity; and
WHEREAS, on October 26, 2015 the City Council conducted a public hearing,
received public testimony, and considered the record of proceeding for the Final EIR,
which includes, but is not limited to the following:
1) The Notice of Preparation /Initial Study for the Project (the "NOP "), and all other
public notices issued by the City in connection with the Project;
2) The Final EIR (which includes the Draft EIR) dated October 2015;
3) The Draft EIR dated July 2015, including all technical studies and scoping
meeting comments;
4) All written comments submitted by agencies or members of the public during the
public review comment period on the Draft EIR;
5) All written and verbal public testimony presented during a notice public hearing
for the Project, including, without limitation, the report to Council, all
attachments, any and all presentations by City staff, the City's consultants, the
applicant and the applicant's consultants, the public and any other interested
party; and
6) The Mitigation Monitoring and Reporting Program for the Project (the "MMRP ");
7) The reports, studies and technical memoranda included and /or referenced in the
Draft EIR and Final EIR or appendices;
8) All documents, studies, or other materials incorporated by reference in the Draft
EIR and the Final EIR;
9) All resolutions presented to the City Council for adoption in connection with the
project;
10)Matters of common knowledge to the City, including, but not limited to, federal,
state and local laws and regulations, adopted City plans, policies and the
professional qualifications of its staff members;
11)Any documents expressly cited in this Resolution and its exhibits, the report to
Council, the Final EIR and the Draft EIR; and
12)Any other relevant materials required to be in the record of proceedings under
Public Resources Code Section 21167.6(e).
WHEREAS, the City Council considered and discussed the adequacy of the
proposed Final EIR as an informational document and applied its own independent
judgment and analysis to the review and hereby desires to take action to certify the Final
EIR, as having been completed in compliance with CEQA, based on the findings found
herein; and
WHEREAS, responses to the comments submitted by public agencies with respect
to the Draft EIR were provided to those public agencies at least 10 days prior to the City
Council hearing on October 26, 2015 in accordance with Section 21092.5 of the California
Public Resources Code; and
WHEREAS, the City has considered CEQA Guidelines Section 15090 regarding the
certification of a final environmental impact report before the approval of a project; and
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NOW, THEREFORE, the City Council of the City of Cypress hereby FINDS,
DETERMINES, and RESOLVES as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
2. Findings. The City Council finds based upon substantial evidence in the record
of proceedings, and its independent judgment and analysis that:
a. Compliance with CEQA. The Final EIR (SCH #2015031004) attached as
Exhibit "A" to this Resolution and incorporated by this reference, includes the
Draft EIR (SCH #2015031004) dated July 2015 and all related appendices,
comments and recommendations received on the Draft EIR, a list of persons,
organizations and public agencies commenting on the Draft EIR, the
Responses to Comments, the Text Changes to the Draft EIR (bound together
with the Responses to Comments), and any other information added by the
City. The Final EIR was prepared, in both substance and procedure, in
compliance with the requirements CEQA.
b. Ratification of Findings and Analysis in the Final EIR. In making the findings in
this Resolution, the City ratifies, adopts and incorporates the analysis and
explanation in the Final EIR, and ratifies, adopts and incorporates these
findings and determinations and conclusion in the Final EIR relating to
environmental impacts and mitigation measures.
c. Findings Regarding Significant Effects that can be Mitigated to Less than
Significant. The Council adopts the Statements of Fact and Findings attached
as Exhibit "B" to this Resolution and incorporated herein by this reference. The
Project has significant effects that can be mitigated to a less than significant
level through the imposition of mitigation measures. Those avoidable
significant effects are identified in Section 6.2 of Exhibit "B." These avoidable
significant effects will be reduced to a less than significant effect with the
changes that have been required in, or incorporated into, the project through
the imposition of mitigation measures as described in Section 6.2 of Exhibit "B."
The mitigation measures identified in Section 6.2 of Exhibit "B" will be imposed
pursuant to the Mitigation Monitoring and Reporting Program (MMRP), included
in Chapter 7.0 of Volume I of the Final EIR, which is attached as Exhibit "A." All
mitigation measures in the MMRP are feasible.
d. No Significant, Unavoidable Impacts. There are no unavoidable, significant
impacts associated with the Project.
e. Finding Regarding Insignificant Impacts. Any and all potential significant
impacts discussed in the Final EIR that are not subject to paragraph 2(c) or
2(d), above, are less than significant impacts on the environment.
f. Alternatives. As noted above, the City Council has found all of the Project's
potentially significant impacts will be avoided or substantially lessened by
mitigation measures. Additionally, CEQA does not require the City to consider
an environmentally superior alternative when approving a project where
mitigation measures will substantially reduce all environmental impacts to less
than significant. As such, CEQA does not require the City Council to make
findings rejecting alternatives described in the Final EIR. However, the City
Council has considered the informational findings regarding Project Alternatives
as set forth in Section 6.3 of Exhibit "B," and has elected to proceed with the
Project as proposed.
3. Final EIR Reviewed and Considered. The City Council certifies that the Final
EIR (a) has been completed in compliance with CEQA; (b) was presented to the City Council
as the decision - making body of the City, which is the lead agency for the proposed Project,
and that the City Council has reviewed and considered the information contained in the Final
EIR prior to approval of the Project, and all of the information contained therein has
substantially influenced all aspects of the decision by the City Council; and (c) reflects the
Council's independent judgment and analysis. Comments regarding the Draft EIR submitted
to the City during the public review period have been responded to in written Responses to
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Comments included in the Final EIR, and those Responses to Comments clarify and amplify
the environmental analysis in the Draft EIR and are based on good faith, reasoned analysis.
The Final EIR determined the proposed Project would not result in any significant
unavoidable adverse impact, that the mitigation measures recommended in the Final EIR
would mitigate all potentially significant impacts identified in the Final EIR to a less -than-
significant level, and the Final EIR recommends all feasible mitigation measures to
substantially lessen or avoid the proposed Project's potentially significant impacts. The
Council further finds no "substantial evidence," as defined by CEQA Guidelines Section
15384, has been presented that would call into question the facts and conclusions in the
Final EIR, and no "significant new information," as defined by CEQA Guidelines Section
15088.5, has been added to the Final EIR after circulation of the Draft EIR.
4. Mitigation Monitoring. As required by Public Resources Code Section
21081.6, the City Council hereby adopts the MMRP (Chapter 7.0 in Volume I of the Final
EIR, which is attached as Exhibit "A "), which is attached hereto and incorporated by
reference. The City Council further finds that the MMRP 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 Statement of
Facts and Findings and the Mitigation Monitoring and Reporting Program, and that all
mitigation measures adopted for the Project are fully implemented. The mitigation
measures are incorporated into the Project as described in each mitigation measure. The
MMRP includes all of the mitigation measures identified in the Final EIR and has been
designed to ensure compliance during implementation of the approved Project. In
accordance with CEQA, the MMRP provides the means to ensure that the mitigation
measures are fully enforceable. Consistent with the requirements of Section 21081.6 of
the California Public Resources Code, the City Council hereby adopts the MMRP and each
of the mitigation measures expressly set forth in the MMRP.
5. Location and Custodian of Documents. The record of project approval shall
be kept in the office of the City Clerk, City of Cypress at 5275 Orange Avenue, City of
Cypress, California 90630, which shall be held by the City Clerk as the custodian of
records of those documents.
6. Certification. Based on the above facts and findings, the City Council of the
City of Cypress certifies the Final EIR in Exhibit "A" for the Project as accurate and
adequate. The City Council further certifies that the Final EIR was completed in
compliance with CEQA and the CEQA Guidelines, and that there are no known potential
environmental impacts not addressed in the Final EIR.
PASSED AND ADOPTED by the City Council of
meeting held on the 26th day of October, 2015.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
City of Cypress, at a regular
MA
HE 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 26th day of October, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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