HomeMy WebLinkAboutAttachment A - Res No. 13-32ATTACHMENT A
Resolution No. 13 -32
RESOLUTION NO. 13-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA APPROVING AN ADDENDUM
TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/
ENVIRONMENTAL IMPACT REPORT FOR THE
DISPOSAL AND REUSE OF MCAS TUSTIN ( "FEIS /EIR ")
FOR GENERAL PLAN AMENDMENT 2013-001, MCAS
TUSTIN SPECIFIC PLAN AMENDMENT 2013 -001,
DEVELOPMENT AGREEMENT 2013-002, AND AN
AGREEMENT FOR THE EXCHANGE OF REAL
PROPERTY BETWEEN THE CITY OF TUSTIN AND THE
SOUTH ORANGE COUNTY COMMUNITY COLLEGE
DISTRICT
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That the City of Tustin ( "City ") and the South Orange County
Community College District ( "SOCCCD ") propose a General Plan
Amendment (GPA) 2013 -001 by adding a new local street (Bell
Avenue) to service adjacent uses; MCAS Tustin Specific Plan
Amendment (SPA) 2013 -001 by incorporating text allowing private
for - profit non - educational uses and increase allowable building
square footages within the education village (Neighborhood A) of
the MCAS Tustin Specific Plan and adding a new local street (Bell
Avenue); Development Agreement (DA) 2013 -002 to facilitate the
development, conveyance, and land exchange within the
boundaries of the MCAS Tustin Specific Plan; and an Agreement
for the Exchange of Real Property.
B. That collectively, GPA 2013 -001, SPA 2013 -001, DA 2013 -002,
and the Agreement for the Exchange of Real Property constitute a
"project" that is subject to the terms of the California Environmental
Quality Act ( "CEQA ") (Pub. Resources Code §21000 et. seq.).
C. On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report
(FEIS /EIR) for the reuse and disposal of MCAS Tustin. On April 3,
2006, the City Council adopted Resolution No. 06-43 approving an
Addendum to the FEIS /EIR. On December 6, 2004, the City Council
adopted Resolution No. 04 -76 approving a Supplement to the
FEIS /EIR for the extension of Tustin Ranch Road between Walnut
Avenue and the future alignment of Valencia North Loop Road. The
FEIS /EIR along with its Addendum and Supplement is a program EIR
Resolution No. 13 -32
GPA 2013 -001, SPA 2013 -001, DA 2013 -002
Agreement for the Exchange of Real Property
Page 2
under the California Environmental Quality Act (CEQA). The
FEIS /EIR, Addendum and Supplement considered the potential
environmental impacts associated with development on the former
Marine Corps Air Station, Tustin.
D. An Environmental Checklist has been prepared and concluded that
these actions do not result in any new significant environmental
impacts or a substantial increase in the severity of any previously
identified significant impacts in the FEIS /EIR. Moreover, no new
information of substantial importance has surfaced since certification
of the FEIS /EIR. However, because some changes and additions
were required to the FEIS /EIR, the City has prepared an Addendum
to the FEIS /EIR. The Planning Commission will consider the
Addendum along with the FEIS /EIR prior to making a
recommendation to the City Council on the GPA 2013 -001, SPA
2013 -001 and DA 2013 -002.
E. That pursuant to Sections 15051 and 15367 of the State CEQA
Guidelines, the City is the Lead Agency for the CEQA compliance
associated with the project because it will approve, carry out, and
implement the project and will be the first agency to approve the
project. SOCCCD will be a responsible agency.
F. That an Addendum to the FEIS /EIR for the project is the
appropriate CEQA documentation for the project because:
a. The project does not change the land uses that are currently
permitted within the MCAS Tustin Specific Plan, the impacts of
which have been previously analyzed in the FEIS /EIR;
b. The project would not permit an intensification of permitted uses
that would lead to increased environmental impacts beyond
those that are already identified in the FEIS /EIR;
c. The project does not modify previously - analyzed projects in any
substantive way;
d. No new mitigation measures are required;
e. None of the conditions identified in Public Resources Code
Section 21166 or Section 15162 of the CEQA Guideless
applies; and,
f. No new significant adverse project- specific or cumulative
impacts in any environmental areas were identified, nor would
any project- specific or cumulative impacts in any environmental
areas be made worse as a result of implementing the Project.
Resolution No. 13 -32
GPA 2013 -001, SPA 2013 -001, DA 2013 -002
Agreement for the Exchange of Real Property
Page 3
G. Based on the initial study analysis and environmental checklist
prepared for the Project and pursuant to Section 15162, 15163,
15164, and 15183 of the CEQA Guidelines, the City and SOCCCD
have determined, on the basis of substantial evidence in the light of
the whole record, that:
a. The Project was examined in light of the FEIS /EIR and has
been adequately analyzed in the FEIS /EIR because the Project
does not substantively modify the previously - analyzed proposal
included in the MCAS Tustin Specific Plan;
b. The Project would not have any effects that were not already
examined in the FEIS /EIR, no new mitigation measures are
required, and there are no new significant adverse project -
specific or cumulative impacts in any environmental areas that
were identified, nor would any project- specific or cumulative
impacts in any environmental areas be made worse as a result
of implementing the Project;
c. All feasible mitigation measures identified in the FEIS /EIR have
been incorporated into subsequent actions that the City and
SOCCCD commit to fully implement;
d. There is no information indicating that a different Alternative
should be implemented or is feasible under the MCAS Tustin
Specific Plan;
e. The Project does not propose substantial changes to the MCAS
Tustin Specific Plan which would require major revisions to the
FEIS /EIR due to new or substantially more severe significant
environmental effects than previously analyzed in the FEIS /EIR;
f. There have been no substantial changes in circumstances
under which the Project would be undertaken that would require
major revisions to the FEIS /EIR due to new or substantially
more severe significant environmental effects than previously
analyzed in the FEIS /EIR; and
g. No new information of substantial importance as described in
subsection (a)(3) of Section 15164 has been revealed that
would require major revisions to the FEIS /EIR or its conclusions.
H. That on April 23, 2013, the Planning Commission considered the
Addendum along with the FEIS /EIR, its Supplemental and
Addendum, prior to making recommendation to the City Council on
GPA 2013 -001, SPA 2013 -001, and DA 2013 -002 pursuant to
CEQA Guidelines section 15164, and adopted Resolution No. 4222
recommending that the City Council approve the Addendum
attached hereto as Exhibit 1.
Resolution No. 13 -32
GPA 2013 -001, SPA 2013 -001, DA 2013 -002
Agreement for the Exchange of Real Property
Page 4
I. That the City Council has considered the Addendum along with the
FEIS /EIR, its Supplemental and Addendum, prior to taking action
on GPA 2013 -001, SPA 2013 -001, DA 2013 -002, and Agreement
for the Exchange of Real Property pursuant to CEQA Guidelines
section 15164, and hereby approve the Addendum attached hereto
as Exhibit 1.
J. That GPA 2013 -001, SPA 2013 -001, and DA 2013 -002 would result
in the same significant and unavoidable impacts that were identified
in the FEIS /EIR and these impacts are overridden for the reasons
set forth in the previously adopted Findings of Fact and Statement
of Overriding Considerations, attached to Resolution 00 -90.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 13th day of May, 2013.
ELWYN A. MURRAY
MAYOR
ATTEST:
JEFFREY C. PARKER
CITY CLERK
Resolution No. 13 -32
GPA 2013 -001, SPA 2013 -001, DA 2013 -002
Agreement for the Exchange of Real Property
Page 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Jeffrey C. Parker, 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. 13 -32 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on the 13th day of May, 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
JEFFREY C. PARKER
CITY CLERK