HomeMy WebLinkAboutCC RES 95-44 1 RESOLUTION NO. 95-44
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL
3 ENVIRONMENTAL IMPACT REPORT 85-2, AS MODIFIED
BY SUBSEQUENTLY APPROVED SUPPLEMENTS AND
4 ADDENDA, WITH ADDENDUM NO. 5 RELATED TO
GENERAL PLAN AMENDMENT 94-001, ZONE CHANGE 94-
5 004, AMENDMENTS TO THE EAST TUSTIN SPECIFIC
PLAN AND SECOND AMENDMENT TO THE EAST TUSTIN
6 DEVELOPMENT AGREEMENT, AS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
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The City Council of the City of Tustin does hereby
8 resolve as follows:
9 I. The City Council finds and determines as follows:
10 A. That an application has been filed by The
Irvine Company, requesting approval of General
11 P. lan Amendment 94-001, Zone Change 94-004,
Amendments to the East Tustin Specific Plan,
12 and Second Amendment to the East Tustin
Development Agreement.
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" B. That an Initial Study was prepared during the
14 review process which determined that no
significant environmental impacts beyond that
15 previously considered would occur as a result
of the proposed project and that an addendum
16 to Environmental impact Report (EIR) 85-2
would be required for this project.
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C. That Addendum No. 5 to EIR 85-2 was prepared
18 in compliance with Section 15164 of the
California Environmental Quality Act (CEQA).
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D. That pursuant to CEQA, EIR 85-2 has previously
20 been prepared and certified and adequately
addresses the general environmental setting of
21 the project, significant environmental
impacts, and the alternatives and mitigation
22 measures related _to each significant
environmental effect and that no additional
23 environmental impacts or mitigation measures
were identified in Addendum No. 5 to EIR 85-2.
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E. That Addendum No. 5 to EIR 85-2 prepared for
25 the project addresses only minor technical
changes or additions and none of the
26 conditions described in Section 15162 of the
CEQA Guidelines have occurred.
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Resolution No. 95-44
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II. Th'e Irvine Company shall pay City's defense costs
3 (including attorneys' fees) and indemnify and hold
~ City harmless from and against any claims, losses,
4 liabilities, or damages assessed or awarded against
City by way of judgement, settlement or stipulation
5 (including awards for costs, attorneys' fees, and
expert witness fees), arising from actions filed
6 against the City challenging the City"s approval of
Addendum No. 5 to EIR 85-2.
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III. The East Tustin Specific Plan Final Environmental
8 Impact Report (85-2), previously certified on March
17, 1986, as modified by subsequently adopted
9 supplements and addenda, was considered prior to
the City Council approval of this project. The
10 City Council hereby finds: this project is within
the scope of the East Tustin SpeCific Plan
11 previously approved; the effects of this project,
relating to grading, drainage, circulation, public
12 services and utilities, were examined in the
Program EIR, particularly in the traffic analy.sis.
13 contained in the Technical lp~endices of said'EIR,
as modified by subsequently approved supplements
14 and addenda, and Addendum No. 5 to EIR 85-2
addressing the 'proposed amendments incorporated
15 herein by reference. All feasible mitigation
measures and alternatives developed in the Program
16 EIR are incorporated into this project. The Final
EIR, is therefore determined to be adequate to
17 serve as a Program EIR for this project and
satisfies all requirements of the California
18 Environmental Quality Act.
19 Applicable mitigation measures identified in 'the
Final EIR have been incorporated into this project
20 which mitigates any potential significant
environmental effects thereof. The mitigation
21 measures are identified as ConditiOns of Approval
related to General Plan Amendment 94-001, Zone
22 Change 94-004, the East Tustin Specific Plan
Amendments and the Second Amendment to the East
23 Tustin Development Agreement.
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Resolution No. 95-44
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PASSED AND ADOPTED by the City Council of the City of
3 Tustin, at a regular meeting on the 20th day of November,
1995.
4
AI~ P
7 OR
~ame'l~ S~ker,~Clty Clerk
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STATE OF CALIFORNIA )
12 COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
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14 PAMELA STOKER, City Clerk and ex-officio Clerk of the City
Council of the City of Tustin, California, does hereby certify
15 that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing
16 Resolution No. 95-44 was duly passed and adopted at a regular
meeting of the Tustin City Council, held on the 20th day of
17 November, 1995, by the following vote:
18 COUNCILMEMBER AYES: Potts, Worley, Doyle, Thomas
COUNCILMEMBER NOES: None
19 COUNCILMEMBER ABSTAINED: Saltarelli
COUNCILMEMBER ABSENT: None
21 ~amela Stok~q~ty Clerk
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