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Home My WebLink AboutCC RES 13-85RESOLUTION NO. 13-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT 2013-002 (HOUSING ELEMENT UPDATE). The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That proposed General Plan Amendment 13-002 is considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et. seq.). B. That implementation of the Housing Element Update's goals includes proposed housing development within the MCAS -Tustin Reuse Plan area and infill areas outside the Reuse Plan area throughout the City. Since the majority of future housing units identified in the Housing Element Update would be located within the MCAS -Tustin Reuse Plan area, an Initial Study ' was prepared to determine if impacts to the environment of such housing were analyzed and addressed in the previously approved Final EIS/EIR for the Disposal and Reuse of the MCAS Tustin (Program EIS/EIR for MCAS - Tustin). C. That 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 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. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. And, on May, 13, 2013, the City Council adopted Resolution No. 13-32 approving a second Addendum to the FEIS/EIR. D. That the FEIS/EIR and its Supplement and Addenda is a program EIR under the California Environmental Quality Act ("CEQA"). The FEIS/FEIR and its Supplement and Addenda considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. E. That a Notice of Intent to Adopt a Negative Declaration was filed with the ' Clerk of the County of Orange for posting, and provided to members of the public using a method permitted under CEQA Guidelines Section Resolution No. 13-85 Page 1 of 3 15072(b). The Initial Study and Draft Negative Declaration were made ' available for a 30 -day public review and comment period from July 11, 2013, through August 12, 2013, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines. F. That pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15063, the City of Tustin completed an Initial Study (Exhibit 1) and determined that all effects associated with the implementation of the Housing Element Update were evaluated in the Program EIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. G. That the Planning Commission conducted a duly -noticed public hearing on August 13 2013, to consider the Initial Study, proposed Negative Declaration, and General Plan Amendment 2013-002, at which hearing, members of the public were afforded an opportunity to comment upon the project. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 4227 recommending that the City Council adopt a ' Negative Declaration for General Plan Amendment 13-002. H. That the City Council conducted a duly noticed public hearing on October 1, 2013, to consider Resolution No. 13-85 for the Negative Declaration prepared for GPA 13-002 at which hearing, members of the public were afforded an opportunity to comment upon the project. I. That the City Council considered the Initial Study and the Negative Declaration (Exhibit 1) and finds it to be adequate for General Plan Amendment 2013-002. II. The City Council of the City of Tustin does hereby find that the proposed project is within the scope of the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin (Program EIS/EIR for MCAS -Tustin), an EIR approved from an earlier project, and that the Program EIS/EIR for MCAS -Tustin adequately describes the general environmental setting of the Housing Element Update, the significant environmental impacts of the implementation of the Housing Element Update, and alternatives and mitigation measures related to each significant effect. III. The City Council hereby adopts the Negative Declaration attached hereto as Exhibit 1, incorporating herein by reference all of the applicable mitigation , measures identified in the Program EIS/EIR for MCAS -Tustin. Resolution No. 13-85 Page 2 of 3 ' PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 1St day of October, 2013. / ` r?) I I ELWYN �. M Mayor d (y STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) Y, 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. 13-85 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of October, 2013, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: C. PARKER, Resolution No. 13-85 Page 3 of 3 Murray, Puckett, Nielsen, Gomez, Bernstein (5) None (0) None (0) None (0)