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HomeMy WebLinkAboutPC RES 2485 4 5 6 8 9 10 , 11 12 14 1(; 17 18 21 22 23 25 26 27 28 RESOLUTION NO. 2485 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 88-01 FOR THE PROPOSED 56,000 SQUARE FOOT EXPANSION OF THE WESTERN NEUROCARE CENTER HOSPITAL FACILITY AT 165 N. MYRTLE AND 14851 YORBA STREET, 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 was filed on behalf of Continental Medical Systems (Use Permit 88-01 and Design Review 88-10) requesting authorization to expand an existing hospital facility. B~ That an Initial Study was prepared during the preliminary review process which determined that significant environmental impacts could occur as a result of the proposed construction and that an Environmental Impact Report was required for this project. C. That an Environmental Impact Report (EIR) No. 88-01 was prepared by the City of Tustin. D. That distribution of the Draft EIR was made to interested public and private agencies with a solicitation of comments and evaluation. E. That the public review period for the Draft EIR ended on April 11, 1988. That incorporated within the EIR are comments of the public. Planning Commission, staff and other agencies, and responses thereto. F. That a public hearing for the EIR was duly called, noticed and held on April 11, 1988. G. That the Draft EIR was prepared in compliance with the California Environmental Quality Act, State Guidelines, and the policies of the City of Tustin. H. That the Draft EIR including comments and responses has been reviewed by staff, and represents their independent evaluation and analysis. 2 3 4 5 6 8 9 10 11 12' 13 14 15 1 (; 17 21 22 23 24 25 26 27 28 Resolution No. 2485 Page two I. That the Draft EIR was distributed to the Planning Commission and that they reviewed this document, received public testimony and considered comments and responses thereto in their review of the Project involving the East Tustin Area, as shown in adopted Planning Commission Resolution No. 2300. J. That the Draft EIR comments, responses, and attachments have been reviewed and considered, and that mitigation measures have been incorporated into the Project that eliminate or substantially lessen the significant environmental effects thereof as identified in Draft EIR, comments, responses, and attachments; 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. This Statement of Overriding Considerations and all environmental effects and mitigating measures are listed in the attached document, Exhibit "A". Mitigation measures are specified as conditions in this resolution. K. That the Draft EIR 88-01, plus comments, responses and attachments, constitute Final EIR 88-01. II. The Planning Commission of the City of Tustin does hereby certify that Final EIR 88-01 has been completed in compliance with the California Environmental Quality Act. PASSED AND ADQPTED at a regul~ meeting of the Tustin Planning Commission, held on the 11th day of April, 1988 Et Secretary'~ KATHY WEIL, 0 Chairman Resolution 2485 EXHIBIT A APRIL 11, 1987 CEQA FINDINGS AND STATEMENT OF FACTS EIR 88-01 SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED EXPANSION OF WESTERN NEURO CARE CENTER. Background The California Environmental Quality Act (CEQA) and the State EIR Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an Environmental Impact Report has been completed and which identified one or more significant 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" (Section 15091). The finding and statements of facts delineated herein are organized in the following manner: Significant Effect - Each finding is prefaced by a brief description of the relevant significant effect which is identified within EIR 88-01. Finding - Specific to the significant effect is a finding made pursuant to Section 15091 of the CEQA Guildlines. Facts in Support of Finding - Following each finding is a brief explanation of the rationale of each finding. The order in which the significant impacts are identified herein follows the order in which issues are addressed within the EIR. The City of Tustin proposes to approve Conditional Use Permit 88-01 and Design Review 88-10 for the 56,000 square foot expansion of Western Neuro Care Center at 14851 Yorba Street and 165 N. Myrtle Avenue. Because the proposed actions consitute a project under CEQA and the Guidelines, the City of Tustin has prepared an Environmental Impact Report (EIR). EIR 88-01 has identified certain significant effects which may occur as a result of the project proposal. The Planning Commission has reviewed and considered the information contained in the EIR and desires to approve the project with the following findings and Statement of Overriding Considerations. Resolution No. 2485 Exhi bi t A Page two FINDINGS NOISE Significant Effect - This project could have a significant impact in relation to increasing the noise levels in the area. This noise is created by the construction activities necessary to grade and build the proposed facilities. Finding I - The noise related impacts are temporary and can be mitigated to a level of insignificance as identified in the EIR. Facts in Support of Findinos - The conditions of approval for Use Permit 88-01 and the Tustin Noise Code, {Section 4600) require that certain measures be taken to reduce the noise related impacts associated with the project. The conditions of approval contained in Resolution 2484 include: Should any complaints of noise exceeding the requirements of the Tustin Noise Ordinance be received, the developer shall be required to install muffling equipment which reduces construction related noise to levels in conformance with the Tustin Noise Ordinance. As required by the Tustin Noise Code, all construction activities will be limited to the hours of 7:00 a.m. to 6:00 p.m. on weekdays only. All significant effects can be feasibly mitigated by the actions required of the applicant as identified above. TRANSPORTATION/CIRCULATION Significant Effect - The project alone does not specifically create a significant adverse impact upon the transportation/circulation systems in the area. However, this project, in conjunction with other past, present and reasonably foreseeable future projects, will have a significant adverse impact on traffic and circulation. Finding 1 - That the required mitigation measures for the transportation/circulation impacts as listed in EIR 88-01 are beyond the fiscal/economic means of the applicant and pursuant to Section 15901-3 of the California Environmental Quality Act, a Statement of Overriding Considerations must be adopted. Facts in Support of Findings - Kunzman and Associates has prepared a detailed traffic study for the project which identifies the following mitigation measures for the cumulative impacts identified in the EIR. These mitigation measures include: 1. Improve Irvine Boulevard to 6 lanes east of Yorba Street. 2. Improve Yorba Street to 4 lanes between Irvine Boulevard and 1st Street. 3. Provide an additional through lane on 1st Street at Tustin Avenue and at Yorba Street. Resolution No. 2485 Exhi bi t A Page three e · At Tustin Avenue/4th Street provide an additional through lane on Tustin Avenue and right turn on 4th Street. Provide a second northbound left turn lane on Yorba Street at Irvine Boulevard. Installation of these improvements requires substantial monetary investment by the applicant. Additionally, Mitigation Measure No. 4 requires improvements in an are outside of the Tustin city limits. Due to the nature of the alternatives identified in the EIR, these impacts cannot be avoided and eventual mitigation must occur. As identified by Section 15091-3 of CEQA a Statement of Overriding considerations must be adopted for these impacts. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certtfy that I am the Recording Secretary of the Plap,n~ng Commission of the Ctty of Tusttn, California; tha.t Resolution No. ~.~ was duly passed an.d.~.dopted at~,~'eg _.egular meettng of the~sttn Planntng Commission, held on the //~ day of ~ , 198~r . Record1 ng Secretary