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HomeMy WebLinkAboutPC RES 3525.3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3525 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. 6 RELATED TO GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003, THIRD AMENDMENT OF THE TUSTIN DEVELOPMENT AGREEMENT VESTING TENTATIVE TRACT MAP 15380 AND DESIGN REVIEW 96-050 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: ao That an application has been filed by the Irvine Company, requesting approval of General Plan Amendment 96-003, Zone Change 96-003, Amendments to the East Tustin Specific Plan, and Third Amendment to the East Tustin Development Agreement. In addition, an application has been filed by Richmond American Homes requesting approval of Vesting Tentative Tract Map No. 15380 and Design Review 96-50. B o 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. Co That Addendum No. 6 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. 6 to EIR 85-1. E . That Addendum No.6 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Resolution No. 3525 Page 2 II. The Irv[ne Company shall pay City's defense costs (including attorney~' 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. 6 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 City Council approval of' this project. The City Council 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. 6 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'Third Amendment to the East Tustin Development Agreement, Vesting Tentative Tract Map No. 15380 and Design Review 96-050. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of July, 1997. LOU BONE Chairman 28 Recording Secretary Resolution No. 3525- Page 3 STATE OF CALIFORNIA ) 3 COUNTY OF ORANGE ) CITY OF TUSTIN ) 4 I, BARBARA REYES, the undersigned, hereby certify that I am the 5 Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3525 was duly passed and 6 adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of July, 1997. 7 9 Recording Secretary 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28