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HomeMy WebLinkAboutPC RES 2528 6 8 9 1(! 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2528 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE ENVIRONMENTAL IMPACT REPORT (EIR 88-02) PREPARED IN CONJUNCTION WITH THE SECOND AMENDMENT TO THE TOWN CENTER REDEVELOPMENT PROJECT IS RECOGNIZED AS ADEQUATE WITH THE INCORPORATION OF ALL RESPONSES TO COMMENTS AND RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT 88-02. The Planning Commission of the City of Tustin does hereby resolve as follows' I. The Planning Commission finds and determines' A, As part of the implementation of the City of Tustin's General Plan, %he Town Center Redevelopment Project (as amended) and State Law, the Second Amendment to the Town Center Redevelopment project (hereinafter "project") has been proposed; and B. 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 C. An Environmental Impact Report (hereinafter "EIR") has been prepared and circulated, pursuant to the requirements of CEQA; and D. The Planning Commission has read and considered all environmental documentation comprising the EIR, 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; and E. The California Environmental Quality Act (hereinafter "CEQA") and the State CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and 2 3 4 5 6 8 9 10 12 ]3 14 ~7 2(~ 21 22 23 24 25 26 27 28 Resolution 1~o. 2528 Page two F. The Planning Commission has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, has found that all potentially significant impacts of the project have been avoided or lessened to a level of non-significance; and II. The Planning Commission of the City of Tustin does hereby find that EIR 88-02 in its entirety with any and all responses to comments to be adequate and complete and recommends to the City Council the following: 1. Adoption of the CEQA findings and Statement of Facts attached hereto as Exhibit A and incorporated herein by this reference. 2. Certification of Final Environmental Impact Report 88-02. PASSED, ADOPTED AND APPROVED by the Planning Commission of the City of Tustin, California, at a regularly adjourned meeting on the 29th day of August, 1988. Penni Foie~, ~' Recording Secretary Chai rrna n 'X,x EXHIBIT A RESOLUTION NO. 2528 CEQA FINDINGS AND STATEMENT OF FACTS BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record." (CEQA Section 15091). Attached is a Statement of Facts in Support of Findings for Significant Impacts of the Project Found to be Mi ti gatabl e to a Level of Non-Significance. Exhibit A Resolution No. 2528 Page two FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONRENTAL EFFECTS OF THE PROJECT - EKFEC~ FOUND TO BE'HIt~G~TABLE'TO A-LEVEL OF NON-SIGNIFICANCE LAND USE Impacts. Development of the proposed Civic Center and post office could create land use impacts. During the time of the Civic Center Expansion, City Hall employees would have to be relocated. The post office expansion may require additional parking and the proposed parking structure for the City Hall expansion could affect the privacy of adjacent residential units. Findings. Use of existing facilities for City Hall activities and use of proper site and structural design techniques have been included as project mitigation to lessen land use effects to a level of non-significance. The following mitigation measures shall be incorporated into the project as mitigation of the identified impacts: 1. The City employees shall be temporarily relocated in an area of the City where no significant environmental effects such as noise or traffic would be generated by the relocation. 2. The Post Office shall provide adequate on-site parking. 3. The proposed parking garage at the Civic Center shall minimize views to adjacent residences through landscaping or structural design. TRANSPORTATION/CIRCULATION Impacts. Development of the proposed Senior Citizen's Center, gymnasium at Columbus Tustin Park and the expansion of City Hall and Police Department would result in generation of 1,680 ADT, of which 150 ADT would occur during the evening peak hour. Findings. Use of appropriate site and access design and periodic review of traffic operations in the City have been required in the following mitigation measures to reduce the impacts to a level of non-significance. Ze Columbus Tustin Park - The driveway to Prospect Avenue should be located with at least a 0300-foot off-set to Beneta Way and a 300-foot off-set to Westbury Lane, if possible. . Driveways to each development should be curb-return type with at least a 25 foot radius. 0 Driveways should be at least 28 feet wide, and preferably 30 to 35 feet wide, so that an entering vehicle does not interfere with an exiting vehicle. Exhibit A Resolution No. 2528 Page three Narrower driveways lead to conflict between entering and exiting vehicles, causing one to stop and wait for the other. 4. The first parking stall which is perpendicular to a driveway, or first aisle juncture, should be at least 40 feet back from the curb. The reason for this recommendation is to provide a queueing area off street so that if a vehicle is parking or unparking in the stall nearest the street, there is room for at least one vehicle to queue while waiting for the other vehicle to park. Without this provision, vehicles will queue into the street. 5. To provide for sufficient site access and yet minimize the number of required access locations, joint site access with adjacent sites should be encouraged in the planning of site development. 6. Circulation within the parking area should allow relatively free flow of vehicular traffic with no constrictions. 7. The aisles should be 'placed in such a way that it is easy to reach any destination within the site after entering any driveway. 8. Landscape plantings and signs should be limited in height in the vicinity of project driveways to assure good visibility. 9. Once the development sites are constructed, the City should periodically review traffic operations in the vicinity of each development and take appropriate actions (e.g., turn/access control) to assure that the traffic operations are satisfactory. NOISE Impacts. The largest increase in traffic noise from project implementation will be 56Ub CNEL along Centennial Way. This increase is not considered significant because noise levels must increase by 1.0dB CNEL before they can be detected by the human ear. However, noise levels will temporarily increase due to construction activities. Findings. All construction activities will be required to follow the measures required by the Tustin Noise Ordinance which specifies hours of operation for construction activities which reduce the impact to a level of non-significance. This measure requires: le Construction activities should be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday unless special circumstances warrant weekend work as determined by the provisions of the City's Noise Ordinance. Exhi bi t A Resolution No. 2528 Page four AIR QUALITY Impacts. Development of the proposed public facilities will result in short term dust and construction equipment emissions during construction phases. The proposed project developments will generate 0.068 tons of carbon monoxide, 0.009 tons of total organic gases and 0.017 tons of nitrogen oxides per day from mobile plus stationary emissions sources. Findings. It is recommended by SCAQMD that the following mitigation measures be incorporated into the project to reduce short and long term (operational) impacts associated with the individual developments which will reduce the affects to a level of non-significance: 1. Fugitive dust shall be controlled by regular watering, paving construction roads or other dust palliative measures to meet District Rule 403. 2. Equipment engines shall be in proper tune. 3. Construction activities shall be phased and scheduled to level emission peaks. 4. Provide for convenient access to transit stops. Orient project for transit convenience and accessibility. 5. Provide for easy pedestrian access. 6. Include transit improvements in the project design, such as bus shelters, benches and bus pockets in the streets. PUBLIC SERVICES AND UTILITIES Impacts. various impacts to public services and utilities may arise from construction activities and operation of the proposed individual developments. Construction related activities may result in impacts to public safety. The individual developments will increase demand for fire protection, water, waste water disposal facilities, and impact the facilities in Peppertree Park. Fin.di.n~s. Use of construction equipment such as fencing and traffic control can reduce public safety impacts to a level of non-significance. The use of fire sprinklers in buildings reduces impacts to the Fire Department to a level of non-significance. Relocation of a tot-lot and sheltered picnic area in Peppertree Park will reduce the impacts to a level of non-significance. The incorporation of the following mitigation measures will meet the requirements as specified in the EIR: 1. Public Safety Measures: a. Fence improvement sites during construction. Exht bi t A Resolution No. 2528 Page fi ve be Provi de security on constructi on si res, where necessary, during non-working hours. Ce Provide proper traffic control and flow during street and water system i mproveme nts. 2. Fire Department: a, Automatic fire sprinkler systems shall be installed in all proposed structures as required in the City Code. 3. Parks and Recreation: The City shall relocate the existing tot-lot and sheltered picnic areas in Peppertree Park so that after project implementation, the remaining softball field would not be affected and the existing open play areas would be minimally affected. SOCIOECONOMICS Impacts. The proposed project would extend the Redevelopment Agency's eminent domain authority for 12 years. The Agency estimates that as much as three (3) acres may be assembled using the eminent domain authority. However, the Agency could use its eminent domain authority to assemble more than three {3) acres, if needed in the future. Findings. Use of relocation assistance for residents and businesses is required by State Law. Use of the mitigation measures listed below would reduce this impact to a level of non-significance: 1. The Redevelopment Agency shall provide relocation assistance to persons displaced by the proposed project in accordance with State Redevelopment Law. Relocation assistance provisions include: a, No persons or families of low or moderate-income shall be displaced unless and until there are suitable housing units available and ready for occupancy by such displaced persons or families at rents comparable to those at the time of their displacement. The housing units shall be suitable to the needs of the displaced persons or families and must be decent, safe, sanitary and otherwise standard dwellings. The Redevelopment Agency shall not displace persons or families until housing units are available and ready for occupancy. b. Whenever all or any portion of a redevelopment project is developed with low or moderate-income housing units, the Redevelopment Agency shall require by contract or other appropriate means that housing be made available for rent or purchase to the persons and families of low or Exhi bi t A Resolution No. 2528 Page si x moderate-income displaced by the redevelopment project. The persons and families shall be given priority in renting or buying this housing; provided, however, failure to give this priority shall not affect the validity of title to real property. If insufficient suitable housing units are available in the community for low and moderate-income persons and families to be displaced from a redevelopment project area, the legislative body shall assure that sufficient land be made available for suitable housing for rental or purchase by low and moderate-income persons and families. If insufficient suitable housing units are available in the community for use by the persons and families of low and moderate-income displaced by the redevelopment project, the Redevelopment Agency may, to the extent of that deficiency, direct or cause the development, rehabilitation or construction of housing units within the community, both inside and outside of the redevelopment project area. c. Permanent housing facilities shall be made available within three years from the time occupants are displaced and that pending the development of the facilities, adequate temporary housing facilities at rents comparable to those in the community at the time of their displacement shall be available to the displaced occupants. d. Whenever dwelling units housing persons and families of low or moderate-income are destroyed or removed from the low and moderate-income housing market as part of a redevelopment project, the Agency shall, within four years of the destruction or removal, rehabilitate, develop, or construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of low or moderate-income, an equal number of replacement dwelling units at affordable housing cost within the territorial jurisdiction of the agency. 2. The Redevelopment Agency shall provide relocation assistance to businesses displaced by the proposed project in accordance with State Laws. Relocation assistance provisions include: Business owners and tenants that are displaced by the proposed project shall receive monetary and advisory relocation assistance consistent with the California Relocation Assistance Law. be Owners and business occupants within the project area who are displaced by the proposed project and who desire to continue to own land in the project area or re-enter into business in the project area shall be extended a reasonable preference to relocate into substitute locations in the project area at the time when the Redevelopment Agency is able to provide available locations. These preference provisions to owners and business occupants within the project are shall be in accordance with the "Rules Governing Participation and Preferences by Property Owners and Business Occupants in the Town Center Area Redevelopment Project." Exhibit A Resolution No. 2528 Page seven c. The Redevelopment Agency shall permit owners and business occupants in the project area to participate in the redevelopment of their property. de If owners of land that is proposed for redevelopment do not want to participate in the redevelopment of their land and other participating owners or private parties do not purchase their land, the Redevelopment Agency shall purchase this land at fair market value. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Plan~ing Commission of the City of Tustin, California; that Resolution No. r~z/~ was duly passed and adopted at a~egular meeting of the Tustin Planning Commission, held on the ~w~ day of ~ .... , PENNI FOLEY ~' Recording Secretary