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RES-2010-101RESOLUTION NO 2010- 101 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 PROPOSED BROOKHURST STREET IMPROVEMENT PROJECT. WHEREAS, the City of Anaheim (the "City ") proposes to widen Brookhurst Street between Ball Road and Katella Avenue from four lanes to six lanes (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 and enhance the corridor through construction of landscaped medians which would limit cross traffic along Brookhurst Street; and WHEREAS, the City is the lead agency for the preparation and consideration of environmental documents for the Proposed 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 ( "State Guidelines "); and WHEREAS, a draft Mitigated Negative Declaration was prepared, in accordance with CEQA, and was circulated for a 30 -day public /responsible agency review on April 13, 2010, in compliance with CEQA and the State and City of Anaheim CEQA Guidelines. Copies of said document are available for review in all City libraries and the Anaheim Public Works Department and copies are also available for purchase at the Anaheim Public Works Department; and WHEREAS, public meetings presenting the Project were held on March 1, 2010 and My 13, 2010 at the Brookhurst Community Center; 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, Mitigation Monitoring Plan For the Brookhurst Street Improvement Project ( "Mitigation Monitoring Plan ") has been prepared for the Project and includes mitigation measures that are specific to the Project; and -1- 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; and WHEREAS, based upon a through review of the Project and the Mitigated Negative Declaration including Mitigation Monitoring Plan, and the comments received to date and the responses prepared, staff finds 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 adopts the Mitigated Negative Declaration and Mitigation Monitoring Plan, 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 and 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 22 " day of June, 2010, by the following roll -call vote: AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring NOES: NONE ABSTAIN: NONE ABSENT: NONE rlAa- I MA OR OF THE Y ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 77582.1 /bmorley -2-