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RES-2013-027 RESOLUTION NO. 2013- 027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN AND DETERMINING THEIR ADEQUACY TO SERVE AS THE REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE BROOKHURST STREET IMPROVEMENT PROJECT WHEREAS, the City of Anaheim (the "City ") proposes to improve Brookhurst Street from SR -91 to I -5 (the "Project "); and WHEREAS, the purpose of the proposed improvements is to more effectively accommodate existing and future traffic volumes along Brookhurst Street, bring it into compliance with the City's General Plan and the County of Orange Master Plan of Arterial Highways, enhance the corridor through construction of landscaped medians and parkways; and WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the Project, as defined in the California Environmental Quality Act of 1970, as amended ( "CEQA ") and the State of California Guidelines for the Implementation of the California Environmental Quality Act (the "CEQA Guidelines "); and WHEREAS, a draft Mitigated Negative Declaration was prepared, in accordance with CEQA and the CEQA Guidelines, and was circulated for a 30 -day public /responsible agency review on December 6, 2012, in compliance with the requirements of CEQA and the CEQA Guidelines. A complete copy of the Mitigated Negative Declaration is on file and can be viewed in the City's Public Works Department, copies of said document are also available for purchase; and WHEREAS, two public meeting presenting the Project were held on May 10, 2012 and December 12, 2012 at 2271 West Crescent Avenue. The purpose of the public meetings were to provide members of the public with an opportunity to learn about the Project, ask questions, and provide comments about the scope and content of the information addressed in the Mitigated Negative Declaration; and WHEREAS, the City conducted its own independent evaluation and analysis of the documentation prior to releasing it for public review and determined that a Mitigated Negative Declaration was appropriate as the Project would not result in any new significant environmental impacts and that further environmental analysis beyond the analysis contained in the Initial Study was not warranted; and WHEREAS, in conformance with CEQA and the CEQA Guidelines a Mitigation Monitoring Plan has been prepared for the Project and includes mitigation measures that are specific -1- to the Project. A complete copy of the Mitigated Monitoring Plan is on file and can be viewed in the City's Public Works Department; and WHEREAS, based upon a thorough review of the Project and the Mitigated Negative Declaration, including the Mitigation Monitoring Plan and the comments received to date and the responses prepared, staff finds that the Project would not result in any new significant environmental impacts or that potentially significant impacts have been eliminated or reduced to a level considered less than significant; and, that there is no substantial evidence that the Project will have a significant effect on the environment. NOW THEREFORE, BE IT RESOLVED, based upon the foregoing findings and recitals, that the Anaheim City Council hereby adopts the Mitigated Negative Declaration and Mitigation Monitoring Plan, and does find and determine their adequacy to serve as the required environmental documentation for the Project, based upon a finding by the City Council that the Mitigated Negative Declaration reflects the independent judgment and analysis of the lead agency; that it has considered the proposed Mitigated Negative Declaration and Mitigation Monitoring Plan together with any comments and responses received during the public review process; and, further finding on the basis of the Initial Study that there is no substantial evidence, with the imposition of the mitigation measures identified in the Mitigation Monitoring Plan that the Project will have a significant effect on the environment. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29 day of January, 2013, by the following roll call vote: AYES: Mayor Tait, Council Members Eastman, Brandman, Kring and Murray NOES: None ABSTAIN: None ABSENT: None CITY OF ANAHEIM By: / MAYOR OF THE CITY OF ANAHEIM ATTEST: a v(WAItib CITY CLERK OF THE CITY OF ANAHEIM 93229.1/bmorley -2-