HomeMy WebLinkAboutCC RES 12-40RESOLUTION NO. 12-40
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The City Council of the City of Tustin does hereby resolve as follows:
A. That Sixth Amendment to the Infrastructure Construction and Payment
Agreement is proposed by and between the City of Tustin and Vestar/Kimco
Tustin, L.P., a California limited partnership (the Developer);
B. That the Sixth Amendment to the Infrastructure Construction and Payment
Agreement is considered a "Project' pursuant to the terms of the California
Environmental Quality Act;
C. That on January 16, 2001, the City of Tustin certified the. Final Program
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the
reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council
certified a Supplement to the FEIS/EIR for the Tustin Ranch Road project. On
April 3, 2006, the City Council approved an Addendum to the FEIS/EIR. The
FEIS/EIR, its Supplement and Addendum are collectively herein referred to as
the "FEIS/EIR Documents". The FEIS/EIR Documents are a program EIR under
the California Environmental Quality Act ("CEQA"). The FEIS /FEIR Documents
considered the potential environmental impacts associated with development on
the former Marine Corps Air Station, Tustin (the "Tustin Legacy project");
D. The City prepared a comprehensive Environmental Checklist for the Fifth
Amendment to the Infrastructure Construction and Payment Agreement in
October 2010. The Environmental Checklist concluded that the proposed Project
does not result in any new significant environmental impacts, substantial
changes or a substantial increase in the severity of any previously identified
significant impacts in the FEIS/EIR Documents. Moreover, no new information of
substantial importance has surfaced since certification of the FEIS/EIR
Documents. The Sixth Amendment to the ICPA does not alter the physical
projects that were identified in the Initial Study for the Fifth Amendment to the
Resolution 12-40
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DDA and the Fifth Amendment to the ICPA and are purely financial in nature
involving no change in physical conditions of the Project. ON
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11. The City Council finds that the project is within the scope of the previously
approved Program FEIS/FEIR Documents and the Initial Study prepared in
October 2010 for the Fifth Amendment to the DDA and the Fifth Amendment to
the ICPA and, that pursuant to Title 14 California Code of Regulations Sections
15168(c) and 15162, no new effects would occur and no new mitigation
measures would be required. Accordingly, no new environmental document is
required by CEQA.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin on the 17th day of April 2012.
Mayor
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AM E - LA - STOKE
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE SS
CITY OF TUSTIN
1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 12-40 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day
of April 2012 by the following vote:
COUNCILMEMBER AYES: Nielsen, Murray, Amante, Gavello, Gomez (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
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Resolution 12-40
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