Resolution No. 6594446
RESOLUTION NO. 6594
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING THE ADDENDUM TO THE CERTIFIED FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE MACKAY PLACE SPECIFIC PLAN PROJECT,
ADOPTING THE ENVIRONMENTAL FINDINGS PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
FOR THE CONSTRUCTION OF MACKAY PARK
WHEREAS, in order to evaluate the Mackay Park 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 Mackay Place Specific Plan 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 May 27, 2014, the City Council of the City of Cypress certified the
Mackay Place Specific Plan EIR, and approved the Mitigation Monitoring and Reporting
Program for the Mackay Place Specific Plan Project; and
WHEREAS, the City of Cypress has completed design plans for Mackay Park
consistent with the Mackay Place Specific Plan; and
WHEREAS, the Park 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, staff evaluated the Park Project in Tight 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 Park Project, and therefore, no subsequent or supplemental EIR or
mitigated negative declaration is required; and
WHEREAS, on that basis, staff 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 24, 2016, the Addendum together with the DR was
considered by the City Council; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, BE IT 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 Park 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 Park 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 Mackay Place
Specific Plan Environmental Impact Report.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 24th day of October 2016.
MA OR OF THE CI
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
F 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 24th day of October, 2016, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales, and Yarc
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None