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Home My WebLink AboutCC RES 12-95RESOLUTION NO. 12-95 The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That The Irvine Company and City of Tustin have completed and desire to enter into Disposition and Development Agreement 2012-001, and The Irvine Company has submitted a proper application for DA 2012-001, CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and Tentative PM 2012-136 requesting authorization to develop 533 multi-family residential apartment homes, including 37 moderate-income affordable units in compliance with California Government Code Section 65915(1), at Disposition Package 2A, Tustin Legacy, to be implemented by The Irvine Company or its affiliate as may be approved by the City of Tustin. B. That the site is zoned as Planning Area 13, Community Core, Neighborhood D in the MCAS Tustin Specific Plan (SP-1); and designated MCAS Tustin (MCAS) by the Tustin General Plan. In addition, the project Resolution 12-95 Page 1 of 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS TUSTIN FEIS/EIR), AS AMENDED BY SUPPLEMENT AND ADDENDUM, IS ADEQUATE TO SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE THIRD AMENDMENT FOR DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 2012-001, DEVELOPMENT AGREEMENT (DA) 2012-001, CONCEPT PLAN (CP) 2012-002, DESIGN REVIEW (DR) 2012-004, DENSITY TRANSFER, DENSITY BONUS, AND CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1), AND TENTATIVE PARCEL MAP (PM) 2012-136, FOR 533 RESIDENTIAL APARTMENTS, INCLUDING 37 MODERATE-INCOME AFFORDABLE UNITS, AT DISPOSITION PACKAGE 2A, TUSTIN LEGACY (THE IRVINE COMPANY, LLC). AND THAT THE CITY HAS ALTERNATIVELY DETERMINED THAT THE PROPOSED PROJECT IS EXEMPT FROM FURTHER CEQA REVIEW PURSUANT TO GOVERNMENT CODE SECTION 65457. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That The Irvine Company and City of Tustin have completed and desire to enter into Disposition and Development Agreement 2012-001, and The Irvine Company has submitted a proper application for DA 2012-001, CP 2012-002, DR 2012-004, Density Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123, and Tentative PM 2012-136 requesting authorization to develop 533 multi-family residential apartment homes, including 37 moderate-income affordable units in compliance with California Government Code Section 65915(1), at Disposition Package 2A, Tustin Legacy, to be implemented by The Irvine Company or its affiliate as may be approved by the City of Tustin. B. That the site is zoned as Planning Area 13, Community Core, Neighborhood D in the MCAS Tustin Specific Plan (SP-1); and designated MCAS Tustin (MCAS) by the Tustin General Plan. In addition, the project Resolution 12-95 Page 1 of 4 has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with NO the Air Quality Sub-element. C. That on January 16, 2001, the City of Tustin Certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the disposal and reuse of MCAS Tustin pursuant to, among other things, the MCAS Tustin Specific Plan/Reuse Plan. On December 6, 2004, the City Council adopted Resolution No. 04-76 approving the Supplement to the FEIS/EIR for the extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia North Loop Road. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR for modifications to the MCAS Tustin Specific Plan/Reuse Plan. The FEIS/EIR, Supplement to the FEIS/EIR, and Addendum are collectively referred to as the "Prior Environmental Review." D. That the City prepared an environmental checklist and determined that the proposed project is within the scope of the Prior Environmental Review. There are no substantial changes in the project requiring major revisions to the Prior Environmental Review, substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions to the Prior Environmental Review, or any new information which was not known and could not have been known at the time the Prior Environmental Review was certified showing that: (1) the project will have any new significant effects; (2) significant effects previously examined will be substantially more severe; (3) mitigation measures or alternatives previously determined to be infeasible will now be feasible and would substantially reduce one or more significant effects of the project but the City declined to adopt the mitigation measure or alternative; or (4) mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but the City declined to adopt the mitigation measure or alternative. (Public Resources Code § 21166; Cal. Code Regs., Tit. 14, §§ 15168, 15162.) The City has therefore determined that no further environmental review is required. E. That Government Code Section 65457, subdivision (a), establishes a statutory CEQA exemption for any residential development project, including any subdivision, or zoning change that is undertaken to implement and is consistent with a specific plan for which an EIR was certified after January 1, 1980. The exemption does not apply if an event specified in Public Resources Code Section 21166 occurs, unless and until a supplemental environmental impact report is certified. Here, the F! proposed project implements and is consistent with the MCAS Tustin Specific Plan / Reuse Plan. The FEIS/EIR for the reuse of MCAS Tustin Resolution 12-95 Page 2 of 4 I pursuant to, among other things, the MCAS Tustin Specific Plan/Reuse IN Plan, was certified January 16, 2001. And, as set forth above, the City prepared an environmental checklist and determined that none of the events specified in Public Resources Code Section 21166 have occurred. On this basis, the City has alternatively determined that the proposed project is exempt from further CEQA review pursuant to Government Code Section 65457. F. That in accordance with the provisions of the California Environmental Quality Act (CEQA), the checklist provided as Attachment 1 to Resolution No. 12-95 has been considered and found to be complete and adequate prior to approving the project as proposed. G. That on October 16, 2012, the Tustin City Council continued the matter to an adjourned regular meeting on October 30, 2012. H. That on October 30, 2012, the Tustin City Council continued the matter to a regular meeting on November 6, 2012. 11. The Tustin City Council hereby finds the Project is within the scope of the previously approved MCAS Tustin Final Program EIS/EIR previously certified on January 16, 2001, as amended by Supplement and Addendum and that no new M effects could occur and no new mitigation measures would be required and an i In additional environmental analysis, action or document is not required by the CEQA. The City has alternatively determined that the proposed project is exempt from further CEQA review pursuant to Government Code Section 65457. PASSED AND ADOPTED by the City Council of the City of Tustin at an adjourned regular meeting held on the 6 th day of November, 2012. FWAI a III M41 Tan��Wr-e�- PAM-ElLA STOKE k-,-I City Clerk Resolution 12-95 Page 3 of 4 STATE OF CALIFORNIA COUNTY OF ORANGE 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. 12-95 was duly passed and adopted at an adjourned regular meeting of the Tustin City Council, held on the 6t" day of November, 2012, by the following vote: Resolution 12-95 Page 4 of 4 F MINOR OMEN