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Home My WebLink AboutPC RES 285910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2859 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ENVIRONMENTAL IMPACT REPORT 90-01 (SCH #89091320) PREPARED FOR THE PACIFIC CENTER EAST PROJECT IS ADEQUATE WITH THE INCORPORATION OF ALL RESPONSES TO COMMENTS AND RECOMMENDING THAT THE CITY COUNCIL AND REDEVELOPMENT AGENCY CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT 90-01. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae Be As part of the implementation of the South Central Redevelopment Project and proposed Amendments to the City of Tustin General Plan, the Pacific Center East Project has been proposed. Discretionary actions considered as part of the "Project" and identified on pages six and seven of the Environmental Impact Report are collectively referred to hereafter as the "Project". An Environmental Impact Report (hereinafter referred to as "EIR") was determined to be necessary due to the potential effects identified in an initial study prepared for the project; and Ce An EIR has been prepared by PBR for the Project and circulated to interested public and private agencies with a solicitation of comments and evaluation pursuant to the requirements of CEQA; and De A public hearing was duly called, noticed and held on the Draft EIR on October 3, 1990; and Ee The public review period for the Draft EIR officially ended on October 15, 1990 and was extended until October 26, 1990 for Caltrans and the City of Irvine. Incorporated within the EIR are comments of the public, Planning Commission, staff and other agencies, and responses thereto; and Fe The subject EIR is a program EIR and is subject to the following provision of the State Guidelines for the California Environmental Quality Act: "that subsequent activities shall be examined in light of the program EIR to determine whether an additional environmental document must be prepared; and 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2859 Page 2 Ge The Planning Commission has read and considered all environmental documentation comprising the EIR including comments and responses, has found that the EIR considers all potentially significant environmental impacts of the proposed project, is adequate with inclusion of all responses to comments, and fully complies with all requirements of CEQA, and the State guidelines for implementation of CEQA; and Ho It is the policy of the State of California and the City of Tustin, in accordance with the provisions of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code, Section 21000 et seq.), and the State Guidelines for Implementation of CEQA, as amended (California Administrative Code, Section 15000 et seq.) that the City shall not approve a project unless there is no feasible way to lessen or avoid significant effects; meaning all impacts have been avoided to the extent feasible or substantially lessened and any remaining unavoidable significant impacts are acceptable based on CEQA, Section 15093; and I · Ail impacts, mitigation measures and project alternatives identified in the EIR have been reviewed and considered, mitigation measures have been incorporated into the proposed project that eliminate or substantially lessen the significant environmental effects as identified in the EIR and it is determined that any remaining significant effects on the environment found to be unavoidable have been balanced against the benefits of the Project and against the Project alternatives and those benefits have been found to be overriding on each significant impact identified in the EIR. Findings and a Statement of Facts supporting such findings are listed in Exhibit A attached hereto and incorporated herein by reference. A Statement of Overriding Consideration is contained in Exhibit B attached hereto and incorporated herein by reference; and II. The Planning Commission of the City of Tustin does hereby find that EIR 90-01 in its entirety with Responses to Comments and Technical Appendices is adequate and complete and recommends that the City Council and Redevelopment Agency certify the Pacific Center East Project Final Environmental Impact Report 90-01; and III. The Planning Commission hereby finds that changes have been required in, or incorporated into, the project which 5 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 Resolution No. 2859 Page 3 will mitigate or avoid the potentially significant adverse effects identified in the Final EIR as specifically itemized in Exhibit A, CEQA Findings and Statement of Facts. The Planning Commission recommends that all mitigation measures contained in Final EIR 90-01 be adopted and shall be incorporated as conditions of approval at subsequent discretionary actions at the appropriate level of project implementation; and IV. The Planning Commission hereby recommends that the City Council and Redevelopment Agency adopt the CEQA Findings and Statement of Facts attached as Exhibit A and the Statement of Overriding Consideration attached as Exhibit B and incorporated herein by reference. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 10th day of December, 1990. ~THL~EN FITZ~T'R~CK Recording Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN FITZPATRICK, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 2859 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of December, 1990. 'K~T~?,EEN- F-IT~ATRI CK Recording Secretary ERRATA PACIFIC CENTER EAST FINAL ENVIRONMENTAL IMPACT REPORT Response to Comments - Letter 6 City of Santa Ana Add the following paragraph to Response 6-4: "With respect to mitigation measures proposed for selected intersections the following additional information is provided: EDINGER AVENUE WIDENING - Improvements to Edinger Avenue in proximity to the SR-55 overpass are linked to the design of Newport Avenue extension north of Edinger Avenue. The project's share of the SR-55/SB ramps and Edinger Avenue improvements as noted on page 55 of the EIR is estimated as 63 percent. Therefore, most of this improvement will likely be funded by the project and not the TSIA. Other improvements along Edinger in the City of Santa Ana and noted on Exhibit 20 and in the EIR text (i.e. Grand/Edinger and Lyon/Edinger) are shown conceptually only. Actual improvement design and timing for completion of these improvements will be subject to approval by the City of Santa Ana. However, since the project is contributing to areawide improvements, any discretion on design or timing as determined by Santa Ana will not affect issuance of entitlements on the Pacific Center East project in Tustin. Since this section of roadway is part of the CMP network, improvements will be designed for this location so that adequate levels of service will be attained to meet CMP eligibility requirements. DYER ROAD AND RED HILL AVENUE - The project's anticipated share of improvements at this intersection is 32 percent. The improvements noted in the EIR are located in the City of Irvine, and are proposed as part of the IBC mitigation program. Additional improvements will be identified in cooperation with the City of Santa Ana. PROJECT-FUNDED TRANSPORTATION IMPROVEMENTS - The city will require the project to participate in the city's transportation fee ordinance. Currently, the fees are $2.50 per square foot for retail and office uses and $1.00 per square foot for industrial and research and development uses. With the formation of the Transportation System Improvement Association, the fee rates are anticipated to increase substantially, and the project may be subject to fees of up to $8 million dollars for transportation improvements. Page Two Errata Shell Additions and Revisions to the EIR 3.5 Transportation/Circulation - page 28 Amend changes to footnote 6 and 7 on page 54 and 55 (see center of page 28) as follows. Footnotes 6 and 7 shall be reworded to read as follows: "Actual improvements to Edinger Avenue in proximity to the SR- 55 overpass are shown conceptually linked to the design and approval of Newport Avenue extension north of Edinger Avenue and rework of the Sr-55/SB ramps. The project's share of the SR-55/SB ramps and Edinger Avenue improvements as noted on page 55 of the EIR is estimated as 63 percent. Therefore, most of this improvement will likely be funded by the project and not the TSIA". Improvements along Edinger in the City of Santa Ana and noted on Exhibit 20, Table 13 and 15 are shown conceptually only. Actual improvement design and timing for completion of these improvements will be subject to approval by City of Santa Ana. However, since project is contributing to areawide improvements, any discretion on design or timing as determined by Santa Ana will not affect issuance of entitlements on the Pacific Center East project in Tustin. Since this section of roadway is part of the CMP network, improvements will be designed for Edinger so that adequate levels of service will be attained to meet Congestion Management Plan (CMP) eligibility requirements including any future designation of Edinger as a "Super Street". CAS:kbc\errata.mis