ENVIRONMENTAL IMPACT REPORT NO. EIR14-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT AND RECIRCULATED FINAL ENVIRONMENTAL IMPACT REPORT SCH #2013031081 EIR14-001) FOR THE LOS COYOTES COUNTRY CLUB DEVELOPMENT PLAN; ADOPTING THE MITIGATION MONITORING PROGRAM; AND ADOPTING THE FACTS IN SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. A. Recitals i) McAuley LCX Corp., the project proponent, ( " Proponent'), is proposing the Los Coyotes Country Club Development Plan, which includes demolition of six tennis courts and construction of a maximum of 125 luxury golf course - oriented residential dwelling units, two new tennis courts, enhancements to the existing guard shack, 10, 000 sq. ft. addition to the existing clubhouse, and minor remedial grading to the driving range within the Los Coyotes Country Club located at 8888 Los Coyotes Drive, Buena Park, California ( collectively, the Project'). ii) An Initial Environmental Study for the Project was prepared pursuant to Section 15063 of the State Guidelines for implementation of CEQA. The Initial Study concluded that there was substantial evidence that the Project might have significant adverse environmental impacts on the environment. The Initial Study was distributed for public review on March 29, 2013. The thirty ( 30) day public review period ended on May 24, 2013. The City contracted with an independent consultant for the preparation of the Initial Study. iii) Pursuant to State CEQA Guidelines Sections 15064 and 15081, and based upon the information contained in the Initial Study, a decision was made to prepare an Environmental Impact Report ( "EIR ") for the Project. A Notice of Preparation of Draft Environmental Impact Report ( "DEIR ") was prepared for the Project and sent to the State Clearinghouse in the Office of Planning and Research for the State of California and to other responsible, trustee, and /or interested agencies and persons. The City contracted with an independent consultant for the preparation of the EIR. iv) The DEIR was completed in September 2014. Pursuant to State CEQA Guidelines Section 15085, the City prepared a Notice of Completion of the DEIR that was filed by mail with the State Office of Planning and Research on September 30, 2014. A copy of the acknowledgement will be included in the Final Environmental Impact Report ( "FEIR "). The DEIR was circulated to interested persons and agencies between September 30, 2014 and November 28, 2014 for a 60 -day comment period pursuant to State CEQA Guidelines Section 15087(c). v) In response to comments made during the circulation of the DEIR, the City recirculated a limited portion of the DEIR to address comments specific to Land Use and Transportation/Traffic. Pursuant to State CEQA Guidelines Section 15088.5, the City prepared a Notice of Availability that was filed with the State Office of Planning and Research on November 18, 2015. A copy of the acknowledgement will be included in the Recirculated Final
Page 2 Environmental Impact Report. The DEIR was re- circulated to interested persons and agencies between November 18, 2015, and January 8, 2016 for a 55 -day comment period. vi) The FEIR is dated May 2015, and also incorporates the DEIR, dated September 2014; and Initial Study dated March 2013. The Recirculated FEIR is dated May 2016, and also incorporates the DEIR dated November 2015. Other documents, reports, and appendices are either provided in those documents or incorporated in those documents by reference and are part of the FEIR. vii) On June 15, 2016, the City of Buena Park Planning Commission approved a Resolution certifying Environmental Impact Report No. EIR14-001 and recommending the City Council adopt a Resolution certifying Environmental Impact Report No. EIR14-001. ix) On September 13, 2016, the City Council conducted a duly noticed public hearing to consider a recommendation by the Planning Commission for City Council certification of Environmental Impact Report No. EIR14-001. Said public hearing was concluded prior to adoption of this Resolution. x) All legal prerequisites to the adoption of this resolution have occurred. B. Resolution The City Council of the City of Buena Park does hereby find, determine, and resolve: 1. All of the facts set forth in the Recitals, Part A of this Resolution, are true and correct and are hereby incorporated by this reference. 2. The City Council finds that the Project is consistent with Policy OSR -4. 7 within the City's General Plan which allows for additional uses at the Los Coyotes Country Club including hospitality hotel, spa, golf course - oriented residential dwelling units, and other golf - related amenities. 3. ( a) The City Council finds that the public and government agencies have been afforded ample notice and a meaningful opportunity to comment on the Initial Study, DEIR, FEIR, Recirculated DEIR, and Recirculated FEIR including any revisions to and mitigation measures incorporated into the project. b) In response to comments regarding the Project and DEIR, the City provided additional analysis and corrected and revised the EIR, as reflected in the FEIR, the Recirculated DEIR, the and Recirculated FEIR. The amplifications, clarifications and corrections to the DEIR support the conclusions and mitigation measures contained in the FEIR. public has been afforded meaningful opportunities to comment on the additions, corrections and additional analysis reflected in the FEIR and the Recirculated FEIR, including the City Council public hearing on the project held on September 13, 2016. 4. The City Council finds, pursuant to CEQA Guidelines Section 15084(e), the City and its staff have independently analyzed the EIR, and that the EIR represents the independent judgment of the City as lead agency with respect to the Project. The Pa
Page 3 5. The findings made in this Resolution are based upon the information and evidence set forth in the FEIR and Recirculated FOR and upon other substantial evidence, both oral and written, which has been presented in the record of this proceeding. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings on which this Resolution is based and the FEIR and Recirculated FEIR for the Project are on file and available for public examination during normal business hours in the Office of the Director of Community Development of the City of Buena Park, 6650 Beach Boulevard, Buena Park, California 90622-5009. The custodian of said records is the Director of Community Development of the City of Buena Park. 6. ( a) The City Council finds that the comments regarding the DEIR, the Recirculated DEIR, and the responses to those comments have been received by the City; that the City Council has received public testimony regarding the adequacy of the FEIR and the Recirculated FEIR; and that the City Council, as the decision - making body responsible for certification of the EIR on behalf of the lead agency, has reviewed and considered all such documents and testimony prior to acting on the Project. Pursuant to State CEQA Guidelines Section 15090, the City Council therefore certifies that the FEIR and Recirculated FEIR have been completed in compliance with CEQA. b) The City Council specifically finds and determines based upon findings set forth herein, that changes and alterations have been required in or incorporated into and conditioned upon the proposed project, which mitigate or avoid significant environmental effects identified in the FEIR and Recirculated FEIR. c) Based upon the Initial Study, DEIR, FEIR, public and agency comments and the record before the City Council, the City Council finds that the Project will not cause significant environmental impacts in the categories of Population and Housing; Mineral Resources; and Agricultural and Natural Resources. d) Based upon the Initial Study, DEIR, FEIR, Recirculated DEIR, and Recirculated FEIR public and agency comments and the record before the City Council, the City Council finds that the Project may create significant impacts in the categories of Aesthetics, Air Quality /Greenhouse Gas; Biological Resources; Cultural Resources; Geology /Soils; Hazard and Hazardous Materials; Hydrology/ Water Quality; Land Use /Planning; Noise; Public Services /Utilities; and Transportation/ Traffic. e) The City Council specifically finds and determines that changes or alterations ( "Mitigation Measures') have been required in or incorporated into the Project which mitigate or avoid the significant adverse environmental impacts identified. Each such Mitigation Measure shall be a requirement of the Project and is a material consideration in the City Council' s certification of Environmental Impact Report No. EIR14-001. f) With the implementation of the Mitigation Measures discussed in the DEIR and FEIR, the City Council finds that the potential significant environmental impacts can be reduced to levels of insignificance based on standards discussed in the DEIR and FEIR. g) The FEIR identifies areas of insignificant or fully mitigated potential impacts and certain mitigation measures that are the subject of a Mitigation Monitoring Program, which is incorporated herein. The City Council hereby adopts the Mitigation Monitoring Program. 3
Page 4 h) Having reduced the impacts of the Project to the extent feasible by requiring mitigation measures and adopting a program to monitor the required mitigation measures for certain Project impacts, the City Council determines that no unavoidable adverse impacts exist. i) The City Council has considered a reasonable range of alternatives that might fulfill the objectives of the Project and a " no project" alternative, as detailed in the DEIR and otherwise supplemented in the record. The alternatives will not sufficiently achieve a majority of the projects objectives, will not be likely to result in a reduction of potentially significant impacts, or will not be feasible. Accordingly, and for any one of the reasons set forth herein, in the DEIR and in the FEIR, the City Council finds that specific economic, social or other considerations make infeasible each of the project alternatives, including the " no project" alternative, and each is hereby rejected. The City Council also finds that a good faith effort was made to incorporate alternatives into the preparation of the FEIR, Recirculated FEIR, and the Project. 0) The City Council further finds and determines that, having considered the record as a whole, there is no evidence before the City Council that the Project will have an adverse effect on wildlife resources or the habitat upon which the wildlife depends. However, pursuant to Senate Bill 1535, Fish and Game filing fees shall be paid prior to filing of the Notice of Determination. k) The City Council further finds and determines that the Project is consistent with the General Plan, with the meaning of Public Resources Code 21083. 3, and CEQA Guidelines Section 15183. 7. The City Council requires that the Mitigation Monitoring Program shall be implemented and rigorously complied with by the Project Proponent. Within ninety ( 90) days of the adoption of this Resolution, the Project Proponent shall deposit and maintain with the City a fund in such amount as required by the Director of Community Development to defray the cost of implementation and monitoring by City staff and consultants or professionals retained by the City. 8. Based upon the findings and conclusions set forth above, including all mitigation measures as stipulated within the Mitigation Monitoring Program, the City Council hereby adopts the Mitigation Monitoring Program and certifies Environmental Impact Report No. EIR14-001. 9. Upon approval of this Resolution, the Director of Community Development is hereby directed to file forthwith a Notice of Determination with the County Clerk' s Office, County of Orange, and the California State Clearinghouse pursuant to Section 21152 of the Public Resources Code. 9
Page 5 PASSED AND ADOPTED this 13th day of September 2016, by the following called votes: AYES: COUNCILMEMBERS: Brown, Vaughn, Smith NOES: ABSENT: COUNCILMEMBERS: Berry, Swift COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: None FOfi / M ATTEST: City Clerk I, Shalice Tilton, City foregoing Park held on the 13`" day of September ResolutionResolution was approv ~ it N6 6f Buena Park, do hereby certify that the meeting of the Council of the City of Buena City Clerk 5