HomeMy WebLinkAboutCC RES 10-95RESOLUTION NO. 10-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT THE FINAL
ENVIRONMENTAL IMPACT STATEMENT/FINAL
ENVIRONMENTAL IMPACT REPORT FOR THE
DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/FEIR"),
ITS SUPPLEMENT AND ADDENDUM ARE ADEQUATE TO
SERVE AS THE PROJECT EIS/EIR FOR THE FIFTH
AMENDMENT TO TUSTIN LEGACY DISPOSITION AND
DEVELOPMENT AGREEMENT 04-02 (RETAIL
DEVELOPMENT) AND FIFTH AMENDMENT TO THE
INFRASTRUCTURE CONSTRUCTION AND PAYMENT
AGREEMENT AND THAT ALL APPLICABLE MITIGATION
MEASURES WILL BE INCORPORATED INTO THE
PROJECT AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
The City Council of the City of Tustin does hereby resolve as follows:
A. That the Fifth Amendment to the Tustin Legacy Disposition and
Development Agreement DDA 04-02 (Retail Development) and Fifth
Amendment to the Infrastructure Construction and Payment Agreement
are proposed by and between the City of Tustin and Vestar/Kimco Tustin,
` L.P., a California limited partnership (the Developer).
B. That the Fifth Amendment to the Tustin Legacy Disposition and
Development Agreement DDA 04-02 (Retail Development) and Fifth
Amendment to the Infrastructure Construction and Payment Agreement
are considered a 'Project" pursuant to the terms of the California
Environmental Quality Act;
C. That on January 16, 2001, the City of Tustin certified the Final Program
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR)
for the reuse and disposal of MCAS Tustin. On December 6, 2004, the
City Council certified a Supplement to the FEIS/EIR for the Tustin Ranch
Road project. On April 3, 2006, the City Council approved an Addendum
to the FEIS/EIR. The FEIS/EIR, its Supplement and Addendum are
collectively, herein referred to as the "FEIS/EIR Documents". The
FEIS/EIR Documents are a program EIR under the California
Environmental Quality Act ("CEQA"). The FEIS/FEIR Documents
considered the potential environmental impacts associated with
development on the former Marine Corps Air Station, Tustin (the "Tustin
Legacy project");
D. The City prepared a comprehensive Environmental Checklist for the Fifth
Resolution 10-95
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Amendment to the Tustin Legacy Disposition and Development
Agreement DDA 04-02 (Retail Development) and Fifth Amendment to the
Infrastructure Construction and Payment Agreement, attached as Exhibit
A hereto. The Environmental Checklist concluded that the proposed
project does not result in any new significant environmental impacts,
substantial changes or a substantial increase in the severity of any
previously identified significant impacts in the FEIS/EIR Documents.
Moreover, no new information of substantial importance has surfaced
since certification of the FEIS/EIR Documents.
II. The City Council finds that the project is within the scope of the previously
approved Program FEIS/FEIR Documents and that pursuant to Title 14 California
Code of Regulations Sections 15168 (c) and 15162, no new effects could occur
and no new mitigation measures would be required. Accordingly, no new
environmental document is required by CEQA.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 19th day of October 2010.
ATTEST:
PAW�STO!KER
City Clerk
Resolution 10-95
Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 10-95 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 19th day of
October 2010, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
r
PAMELA
� t>L
City Clerk
Resolution 10-95
Page 3 of 3
Amante, Nielsen, Davert, Palmer (4)
None (0)
None (0)
Gavello (1)