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Resolution Number 91-5-21-4117 RESOLUTION NO. 91-5-21-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE ENVIRONMENTAL IMPACTS OF REZONE 89-9 AND VESTING TENTATIVE TRACT 14181 DRAFT ADDENDUM ENVIRONMENTAL IMPACT REPORT (FAIRWAY PROPERTIES COMPANY) WHEREAS, a Draft Environmental Report was prepared, processed and certified for Rezone 8909 and Vesting Tentative Tract 14181 (Fairway Properties Company); and, WHEREAS, a Draft Addendum Environmental Impact Report has been circulated for comment pursuant to the California Environmental Quality Act of 1970 (CEQA), and State and local regulations and guidelines adopted pursuant thereto; and, WHEREAS, the Draft Addendum Environmental Impact Report for the project has been prepared pursuant to said statues, regulations and guidelines; and, WHEREAS, a duly noticed public hearing was held on said Draft Addendum Environmental Impact Report at which time all persons were given an opportunity to be heard; and, WHEREAS, the Planning Commission and the City Council has reviewed and considered the information contained in said environmental documents. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Capistrano, as follows: SECTION 1. The Draft Addendum Environmental Impact Report has been reviewed and considered by the City Council, which finds that the rezone contained therein effectively addresses the environmental impacts of the subject rezone and tentative tract and associated plans which hereby approves and adopts said documents as the Final Addendum Environmental Impact Report for the project ("Final Addendum Environmental Impact Report"). SECTION 2. The City Council hereby finds and determines as follows with respect to the adverse environmental impacts detailed in the Final Addendum Environmental Impact Report: A. That the adverse environmental impacts of the project set forth in the Final Addendum Environmental Impact Report have been considered and recognized by the Council. -1- ' B. That based on information set forth in the Final Addendum Environmental Impact Report, the Council finds and determines that measures have been required in or incorporated into the project which mitigate or avoid each of the adverse environmental impacts identified in the Final Addendum Environmental Impact Report. C. That all significant environmental effects identified in the Final Addendum Environmental Impact Report have been reduced to an acceptable level in that: (1) All significant environmental effects that can feasibility be avoided have been eliminated or substantially lessened; and, (2) The project will not result in any significant Environmental impacts that are incapable of being mitigated to an insignificant level. D. In accordance with CEQA requirements, a mitigation monitoring program has been prepared to ensure all measures are incorporated into the project which mitigate or avoid each of the adverse impacts identified in the final Addendum EIR. SECTION 3. The Council of the City of San Juan Capistrano finds and determines that the project will not have a significant effect or result in a substantial or potentially substantial adverse change in the environment. SECTION 4. The Director of the Department of Planning is hereby directed to cause the filing of a Notice of Determination with respect to the Final Addendum Environmental Impact Report pertaining to approval of Rezone 89-09 and Vesting Tentative Tract 14181 and associated development plans. SECTION 5. The Council hereby certifies that the Final Addendum Environmental Impact Report referenced hereinabove has been prepared and completed in compliance with the California Environmental Quality Act of 1970 (CEQA), and State and local regulations and guidelines adopted pursuant thereto. PASSED, APPROVED, AND ADOPTED this 21st day of May , 1991. ATTEST: CITY CLERK K NNETH E. FRIESS, MAYOR _ -2- 119 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 91-5-21-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 21st day of May , 1991, by the following vote: AYES: Councilmen Jones, Hausdorfer, Vasquez NOES: None ABSTAIN: None ABSENT: Councilman Buchheim and Mayor Friess (SEAL)— CHERYL JOHNSON, CITY CLERK J hi -3- MA STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) CHERYL JOHNSON, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in compliance with State laws of the State of California and in further compliance with City Resolution No. 83-12-20-3 and on the 24th day of May , 1991 she caused to be posted: RESOLUTION NO. 91-5-21-4 , being: TIFICATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, MAKING CERTAIN FINDINGS WITH RESPECT TO THE ENVIRONMENTAL IMPACTS OF REZONE 89-9 AND VESTING TENTATIVE TRACT 14181 DRAFT ADDENDUM ENVIRONMENTAL IMPACT REPORT (FAIRWAY PROPERTIES COMPANY) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHERYL JQHN N, CITY CLERK San Juan Capistrano, California .CHECK LIST ORD. NcZ n, , , 1��5. NO. Mayor has signed Clerk has signed City Seal stamped All blanks type "Absent" "Noes" "Abstain" Copies sent to post Ord. dist. file . t! mail / - certified ' Legal Publication ordered to be published (date) No. Printed copies required Remarks