HomeMy WebLinkAboutPC RES 35361 RESOLUTION NO. 3536
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
RECERTIFY FINAL ENVIRONMENTAL IMPACT REPORT 85-2, AS
MODIFIED BY ADDENDUM NO. 7 RELATED TO ZONE CHANGE 97-001,
THE FOURTH AMENDMENT TO THE EAST TUSTIN DEVELOPMENT
AGREEMENT, TENTATIVE TRACT MAP 14396, DESIGN REVIEW 96-
054 AND HILLSIDE REVIEW 96-002 AS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
The Planning Commission of the City of Tustin does hereby resolve
as follows:
I. The Planning Commission finds and determines as follows:
A.
That an application has been filed by The Irvine
Company, requesting approval of Zone Change 97-001,
Amendments to the East Tustin Specific Plan, the
Fourth Amendment to the East Tustin Development
Agreement, Tentative Tract Map 14396, Design Review
96-054 and Hillside Review 96-002.
m .
That an Initial Study was prepared during the
review process which determined that no significant
environmental impacts beyond that previously
considered would occur as a result Of the proposed
project and that an addendum to Environmental
Impact Report (EIR) 85-2 would be required for this
project.
C ·
That Addendum No. 7 to EIR 85-2 was prepared in
compliance with Section 15164 of the California
Environmental Quality Act (CEQA).
D·
That pursuant to CEQA, EIR 85-2 has previously been
prepared and certified and adequately addresses the
general environmental setting of the project,
significant environmental impacts, and the
alternatives and mitigation measures related to
each significant environmental effect and that no
additional environmental impacts or mitigation
measures were identified in Addendum No. 7 to EIR
85-2.
..
E ·
That Addendum No. 7 to EIR 85-2 prepared for the
project addresses only minor, technical changes or
additions and none of the conditions described in
Section 15162 of the CEQA Guidelines have occurred.
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Resolution No. 3536
Page 2
II. The Irvine Company shall pay City's defense costs
(including attorneys' fees) and indemnify and hold City
harmless from and against any claims, losses, liabilities
or damages assessed or awarded against City by way of
judgement, settlement or stipulation-(including awards
for costs, attorneys' fees, and expert witness fees),
arising from actions filed against the City challenging
the City's approval of Addendum No. 7 to EIR 85-2.
III. The East Tustin Specific Plan Final Environmental Impact
Report 85-2, previously certified on March 17, 1986, as
modified by subsequently adopted supplements and addenda,
was considered prior to the Planning Commission
recommending approval of this project. The Planning
Commission hereby finds: this project is within the scope
of the East Tustin Specific Plan previously approved, the
effects of .this project, related to grading, drainage,
circulation, public services and utilities, were examined
in the Program EIR, particularly in the traffic analysis
contained in the technical Appendices of said EIR, as
modified by subsequently approved supplements and
addenda, and Addendum No. 7 to EIR 85-2 addressing the
proposed amendments incorporated herein by reference.
All feasible mitigation measures and alternatives
developed in the Program EIR, are therefore determined to
be adequate to serve as a Program EIR for this project
and satisfies all requirements of the California
Environmental Quality Act.
Applicable mitigation measures identified in the Final
EIR have been incorporated into this project which
mitigates any potential significant environmental effects
thereof. 'The mitigation measures as identified as
Conditions of Approval related to the Fourth Amendment to
the East Tustin Development Agreement, Tentative Tract
Map No. 14396, Design Review 96-054 and Hillside Review
96-002.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 11th day of August, 1997.
ELIZABETH A. BINSACK
Planning Commission Secretary
HOWAR-~ A. ~M~MAN
Chairman
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Resolution No. 3536
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELI.ZABETH A. BINSACK, the undersigned, hereby certify that I am
the Planning Commission Secretary of the City of Tustin,
California; that Resolution No. 3536 was duly passed and adopted at
a regular meeting of the Tustin Planning Commission, held on the
llth day of August, 1997. '
ELIZABETH A~ BINSACK
Planning Commission Secretary