HomeMy WebLinkAboutRDA FINAL EIR 88-02 12-05-88 REDEVELOPMENT AGENCY
NO. 6
AG
(~- ATE~' DECEIqBER 5, ].988
TO:
FROM:
SUBJECT:
tlILLIAN HUSTON, CITY HANAGER
COI~NITY DEYELOPHENT DEPARTHENT
CERTIFICATION OF FINAL EIR 88-02 FOR THE SECOND 'AMENDMENT TO THE
REDEYELOPPIENT PLAN FOR THE TOldN CENTER REDEYELOPHENT PRO~IECT
RECOIMENDATION
1. It is recommended that the City Counc11 certify Ftnal EIR 88-02 with
incorporation of response to comments on the Draft EIR by adoption of
Resolution No. 88-126.
It is recommended that the Redevelopment Agency certify Flnal EIR 88-02
wtth incorporation of response to comments on the Draft EIR by adoption .of
RDA 88-24.
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BACKGROUND'
The Planntng Commission at their spectal meeting on August 29th held a public
heartng on Draft EIR 88-02 for the proposed Second Amendment to the Town Center
Redevelopment Project and adopted Resolution'No. 2528 recommending to the Ctty
Counctl certification of £IR 88-02 with lflcorporatlon of all responses to
written and oral testimony. The California Environmental Quality Act (CEQA)
requtred a public heartng for the purposes of soliciting testimony and written
comments from the public and responsible agenctes on an EIR. The Planning
Commission's role at the hearing was to lnvtte public comment and direct staff
1~o respond to all comments and incorporate these responses Into a final EIR.
The public review period of the EIR officially closed September 12, 1988.
Staff has been worktng with Mtchael Brandman and Associates in preparation of
the ftnal I[IR. Responses to comments on the Draft EIR are now complete with
final certification of the complete EIR document now needed by the Redevelopment
Agency and City Council. The Final ETR tncludes the Draft ETR .previously
distributed to the Ctty Counctl and Agency and the document "Responses to
Comments on the Draft £nvironmental Impact Report" whtch ts attached.
No actual decision on the proposed Redevelopment Plan Amendment ttself is being
requested at this time. The actual comments of the Second Amendment to the Town
Center Redevelopment P~an and Report to Counctl are to be considered In a joint
publtc hearing of the City Counctl and Redevelopment Agency tn February somettme
after a recommendation by the City Planntng Commission thts month." The schedule
reflects adilt~tona~-:.requirements of State law that have to be accomplished per
recent Leglslatl'on signed by the Governor.
C-try Counctl Report
Certification of Final E:iR 88-02
December 5, 1988
Page tvo
BACK:GROUND AND PURPOSE OF THE PROdECT '
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The Redevelopment Plan for the Town Center Area Redevelopment Project was
approved and adopted by the Tustin City Council on November 22, 1976. The
Redevelopment Plan was subsequently amended on September 8, 1981.
The Town Center Redevelopment Plan area encompasses approximately 260 acres In
the central portton of the Ctty. The project area Is generally bounded by the
Santa Aha Freeway to the south, "B" Street and Prospect Avenue to the 'west,
]:rvine Boulevard to the north and Newport Avenue to the east. A small area
Immediately north of [rvtne Boulevard and Immediately east of l~ewport Avenue is
also tncluded tn the Project area.
The subject of the £:[R is the Second Amendment to the Redevelopment Plan for the
Town Center Area Redevelopment Project. In conformance with the California
£nvtronmental Qualtty Act (C£QA), the E:iR has been prepared to facilitate an
objective assessment of the Individual and collectlve environmental tmpa. cts
associated' wtth the Implementation of the proposed Second Amendment. The
proposed amendment conststs of the foll ow1 ng components:
° Add certatn publlc Improvements and facilities to the 11st contained wtthin
the plan to be funded in whole or tn part by tax Increment revenues.
· Conttnue the Redevelopment Agency's eminent domain authority for an
additional t~elve years.
° Make mtnor textural revisions to the plan to clarify the roles of the
Redevelopment Agency, property owners and businesses in the redevelopment
process.
' Update language. In the plan to conform to recent changes in State
Redevelopment Law.
° Restating the extsttng tax increment 11mtt of $3 million per year as $90
mtllton over the ltfe of the Project.
Increasing the amount of bonded indebtedness that can be outstanding at any
one time from $20 million to cover all existing Project debts as well as
any additional bonded indebtedness that may need to be incurred as a result
of the additional program proposed.
The E[R focuses on the spectftc Impacts of the additional publlc improvements
and facilities tn the Tusttn Town Center Redevelopment Plan area and the
conttnuatto~=~-Aof the Redevelopment Agency's emtnent domain authority. The
remaining components of the amendment are adndntstrattve and would not result tn
environmental effects. The proposed E[R ts considered a program £[R in
,,, Community Development Depanrnen~
~lty Counctl Report
Certification of Ftnal E[R 88-02
December 5, !988 -
Page three
conformnce with Section 15168 of the State CEQA Gu{ del l ne$..
In accordance with Section 15121 of the State CEQA Guidelines, the EIR process
is intended to inform the decision makers and the general public of the
significant effects of the project. This EIR also Identifies measures that may
be taken to minimize significant effects.
The significant impacts associated with the project Identified in the
tnclude: Land Use; Transportation/Circulation; Noise; Air Quality; Public
Servtces and Utilities and SoctoeconomJcs. The speclftc lmpact.s and mitigation
measures are discussed in detail in the-EIR. All impacts will be reduced to a
level of insignificance.
CEQA requires consideration of project alternatives. The EIR discusses the (1)
No Project Alternative, (2) Alternative Locations for Public Improvements and
Facilities and (3) Reduction of the Number of Public Improvements and
Facilities. Overall the proposed project is more beneficial to the public then
alternatives identified, especially since all significant impacts identified in
the EIR have been reduced to a level of insignificance and proposed public
improvements are necessary to reduce impacts on the community.
Christine A. Shfnglet6 ' /~
Director of Community DeVelopment
CAS-ts
Attachments: Response to Comments,
Resolution No. 88-126
.'
Resolution No. RDA 88-14
Exhibit A: CEQA Findings & Statement of Facts
Corn rnunity Development Department
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R£5OLUTIgN NO. 88-126
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'A'.RESOLUTION OF' THE CITY COUNCIL 'OF THE CITY OF'
TUSTIN, FINDING THAT THE ENVIRONMENTAL IMPACT REPORT
(EIR 88-02) PREPARED IN CONJUNCTION WITH THE SECOND
AMENDMENT TO THE TOWN CENTER REDEVELOPMENT PROJECT IS
RECOGNIZED AS ADEQUATE WITH THE INCORPORATION OF ALL
RESPONSES TO COMMENTS AND CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT 88-02.
The City Council of the Clty of Tustln does hereby resolve as follows:
I. The City Council finds and determines:
A. As part of the implementation of the City of Tusttn's General
Plan, the Town Center Redevelopment Project (as amended) and
State Law, the Second Amendment ito the Town Center Redevelopment
project (hereinafter "project") has been proposed; and
Be
It is the policy of the State of California and the City of
Tustin, in accordance with the provisions of the California
Environmental Quality Act of 1970 (hereinafter "CEQA"), as
amended (Public Resources Code, Section 21000 et seq.), and the
State Guidelines for Implementation of .CEQA, as amended
(California Administrative Code, Section 15000 et seq.) that the
City shall not approve a project unless there is no feasible way
to lessen or avoid significant effects; meaning all impacts have
been avoided to the extent feasible or substantially lessened
and any remaining unavoidable significant impacts are acceptable
'based on CEQA, Section 15093; and
C. An Environn~ental Impact Report (hereinafter referred to as
"EIR") was determined to be necessary due to the potential
effects identified in an initial study prepared for the project;
and
D. An EIR has been prepared and circulated to interested pubic and
private agencies. With a solicitation of comments and evaluation,
pursuant to the requirements of CEQA; and
E. A public hearing was duly called, noticed and held on the Draft
EIR on August 29, 1988; and
F. The City Council has read and considered all environmental
documentation comprising the EIR, has found that the EIR
considers all potentially significant environmental impacts of
the proposed project, is adequate with inclusion of all
responses to comments, and fully complies .with all requirements
of CEQA, and the State guidelines for implementation of CEQA;
and
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Resolution No. 88-126
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G. The California Environmental Quality Act and the State CEQA.
Guidelines provide that no public agency shall approve or carry
out a project for which an EIR has been completed and which
identifies 'one or more significant effects of the project unless
the public agency makes written findings for each of the
significant effects, accompanied by a statement of facts
supporting each finding; and
H. The City Council has considered all significant impacts,
mitigation measures, and project alternatives identified in the
EIR, has found that all potentially significant impacts of the
project have been avoided or lessened to a level of
non-significance; and
II. The City Council of the City of Tustin does hereby find that EIR
8B-02 in its entirety with "Responses to Comments" is adequate and
complete and certifies Final Environmental Impact Repor. t 88-02.
III. The City Council hereby finds that changes have been required in, or
incorporated into, the project which will mitigate or avoid the
potentially significant adverse effects identified in the Final EIR
as specifically itemized in Exhibit A, CEQA Findings and Statement of
Facts. All mitigation measures contained in Final EIR 88-02 are
hereby adopted and shall be incorporated as conditions of approval at
subsequent discretionary actions at the appropriate level of project
t mpl emerita tt on.
IV. The City Council hereby adopts the CEQA Findings and Statement of
Facts attached as Exhibit A and incorporated herein by reference.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Tustin,
California, at a regularly adjourned meeting on the day of ....... ,
1988.
Ronald B. Hoest~rey, '
Mayor
Mary" Wynh
C.J ty Clerk'
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EXHIBIT A
CEO, A FINDINGS AND STATEMENT OF FACTS
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BACKGROUND
The California Environmental Quality Act (CEQA) and the State CEQA Guidelines
(Guidelines) provide:
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"No public agency shall approve or carry out a project for ~hich an
EIR has been completed which identifies one or more significant
environmental 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. The possible findings are:
(1) Changes or alterations have been required in, or
incorporated into, the project whlch avoid or
substantially lessen the significant environmental
effect as identified in the final EIR.
(2) Such changes or alterations are within the
responsibility and jurisdiction of another public
agency and not the agency making the finding.
Such changes have been adopted by such other
agency or can and should be adopted by such other
agency.
(3) Specific economic, social, or other considerations
make infeasible the mitigation measures or project
alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by
substantial evidence in the record." (CEQA Section 15091).
Attached is a Statement of Facts in Support of Findings for Significant Impacts of
the Projec.t Found to be Mitigatable to a Level of Non-Significance.
Page two
FINDZNG$ AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT
ENVXRO!IWlENTAL-EFFECTS OF THE PRO,JECT - EFFEcTs FOUND TO'1
BE #ZTZGATABLE TO A LEVEL oF NON-SZGNZFZCANCE ' '
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LAND USE
Impacts. Development of the proposed Civic Center and post office could create
land use impacts. During the time of the Civic Center Expansion, City Hall
employees would have to be relocated. The post office expansion may require
additional parking and the proposed parking structure for the City Hall expansion
could affect the privacy of adjacent residential units.
Findings. Use of existing facilities for City Hall activities and use of proper
site and structural design techniques have been included as project mitigation to
lessen land use effects to a level of non-significance. The following mitigation
measures shall be incorporated into the project as mitigation of the identified
impacts:
1. The City employees shall be temporarily relocated in an area of the City where
no significant environmental effects such as noise or traffic would be
generated by the relocation.
2. .The POSt Office Shall provtde adequate on-site parklng.
3. The proposed parking garage at the Civic Center shall minimize views to
adjacent residences through landscaping or structural design.
T RANSPORTAT 1 ON / C I RCULAT I ON
Impacts Development of the proposed Senior Citizen's Center, gymnasium at
COlUmbU[ Tustin Park and the expansion of City Hall and Police Department would
result in generation of 1,680 ADT, of which 150 ADT would occur during the evening
peak hour.
Findings. Use of appropriate site and access design and periodic review of traffic
operation~ in the City have.been required in the following mitigation measures to
reduce the impacts to a level of non-significance.
1. Columbus Tustln Park - The driveway to Prospect Avenue should be located with
at least a 0300-foot off-set to Beneta Way and a 300-foot off-set to Westbury
Lane, if possible.
2. Driveways to each, development should be curb-return type with at least a 25
foot radius.
Driveways should be at least 28 feet wide, and preferably 30 to 35 feet wide,
so th..~ an entering vehicle does not interfere with an exiting vehicle.
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.Narrower driveways lead to conflict between entering and exiting vehicie~,
causing one to stop and wait for the other.
4. 'The first parking stall whtch'ls perpendicular to a driveway, or first atsle
juncture, should be at least 40 feet back from the curb. The reason for this
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· recommendation ls to provide a queuelng area off street so that tfa vehicle
ts-parking or unparktng In the stall nearest the street, there is room for at
least one vehlcle to queue while waiting for the other vehicle to park.
Wtthout this provision, vehtcles wtll queue tnto the street.
5. To provlde for sufficient stte access and yet mlnlmlze the number of required
access locations, Jotnt stte access wtth adjacent sites should be encouraged
tn the planntng of site development.
6. Circulation within the parking area should allow relatively free flow of
vehicular trafftc with no constrictions.
7. The aisles should be placed In such a way that it Is easy to reach any
destination within the site after entering any driveway.
8. Landscape plantings and signs should be limited in height in the vicinity of
proje¢.t driveways, to assure good visibility.
9. Once the development sttes are constructed, the City should periodically
review trafftc operations in the vtctnity of each development and take
appropriate actions (e.g., turn/access control) to assure that the traffic
operations are satisfactory.
NOISE
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Impacts. The largest increase in traffic noise from project implementation will be
~l~6dB CNEL along Centennial Way- This increase is not considered significant
because noise levels must increase by 1.0dB CNEL before they can be detected by the
human ear. However, noise' levels will temporarily increase due to construction
acti vi ties.
Findings. .All construction activities will be required to follow the measures
required by the Tustin Noise Ordinance which specifies hours of operation for
construction activities which reduce the impact to a level of non-significance.
This measure requires:
Construction activities should be limited to 7:00 a.m. to 7:00 p.m., Monday
through Friday unless special circumstances warrant weekend work as determined
by the provisions of the City's Noise Ordinance.
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AIR,, QUALITY
Impacts. Development of the proposed public facilities will-result in short term
dust and construction equipment emissions during construction phases. The proposed
project developments will generate 0.068 tons of carbon monoxide, 0.009 tons of
total organic gases and 0.017 tons of nitrogen oxides per day from mobile plus
stationar7 emissions sources.
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Findings. It is recommended by SCAQMD tha't the following mitigation measures be
incorporated into the project to reduce short and long term (operational) impacts
associated with the individual developments which will reduce the affects to a
level of non-significance:
1. Fugtl~tve dust shall be controlled by regular watering, paving construction
roads or other dust palliative measures to meet District Rule 403.
2. Equipment engines shall be in proper tune.'
3.. Construction activities shall be phased and scheduled to level emission peaks.
4. Provide for convenient access to transit stops. Orient project for transit
..convenience and accessibility.
5. Provide for easy pedestrian access.
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Include transit improvements in the project design, such as bus shelters,
benches and bus pockets in the streets.
PUBLIC SERVICES AMD UTILITI[S
Impacts. various impacts to public services and utilities may arise from
construction activities and operation of the proposed individual developments.
Construction related activities may result in impacts to public safety. The
individual developments will increase demand for fire protection, water, waste
water dlsp. psal facilities, and impact the facilities in Peppertree Park.
Findings. Use of construction equipment such as fencing and traffic control can
reduce public safety impacts to a level of non-significance. The use of fire
sprinklers in buildings reduces impacts to the Fire Department to a level of
non-significance. Relocation of a tot-lot and sheltered picnic area in Peppertree
Park will reduce the impacts to a level of non-significance. The incorporation of
the following mitigation measures will meet the requirements as specified in the
EIR:
1. Public Safety Measures:
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a. F~nce improvement sites during construction.
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b. Provide security on construction sites, where necessary, durtng
non-working hours.
c. Provtde proper traffic control and flow during 'street and water system
Improvements.
2. Fi re Department-
a. Automatic ftre sprinkler systems shall be installed in all proposed
structures as required in the City Code.
3. Parks and Recreation-
a. The City shall relocate the existing tot-lot and sheltered picnic areas
'in Peppertree Park so that after project implementation, the remaining
softball field would not be affected and the existing open play areas
would be minimally affected.
SOCIOECOIII]MICS
I~acts. ,The proposed project would extend the Redevelopment Agency's eminent
d~main authority for 12 years. The Agency estimates that as much as three ¢3)
acres may be asse~led using the eminent domain authority. However, the Agency
could use its eminent domain authority to assemble more than three (3) acres, if
needed in the future.
Findings. Use of relocation assistance for residents and businesses is required by
State Law. Use of the mitigation measures listed below would reduce this impact to
a level of non-significance:
1. The Redevelopment Agency shall provide relocation assistance to persons
displaced by the proposed project in accordance with State Redevelopment Law.
Relocation assistance provisions include:
a. No persons or families of low or moderate-income shall be displaced
bnless and until there are suitable housing units available and ready for
occupancy by such displaced persons or families at rents comparable to
those at the time of their displacement. The housing units shall be
suitable to the needs of the displaced persons or families and must be
decent, safe, sanitary and otherwise standard dwellings. The
Redevelopment Agency shall not displace persons or families until housing
units are available and ready for occupancy.
b. Whenever all or any portion of a redevelopment project is developed with
low or moderate-income housing units, the Redevelopment Agency shall
r.equtr~ by contract or other appropriate means that housing be made
a~-q, 'lable-~for rent or purchase to the persons and families of low or
Page s~x
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· 'moderate-Income displaced by the redevelopment project. The persons and
famtltes shall be given priority In renttng or buyJng thfs houstng;
provided, however, fatlure to give thls prtortty shall not affect the
validity of tttle t~ real property. ]:f lnsufftclent suttable houstng
units.are available tn the community for low and moderate-Income persons
and fanfllles to be displaced from a redevelopment project area, the
legislative body shall assure that sufficient 1and'be made avallable for
suitable housing for rental or purchase by low and moderate-lncome
persons a:nd families. ]:f Insufficient suttable housing unlts are
available In the community for use by the persons and famtlles of low and
moderate-Income displaced by the redevelopment project, the Redevelopment
Agency may, to the extent of that deficiency, dlrect or cause the
development, rehabilitation or construction of houstng untts w~thln the
community, both tnstde and outstde of the redevelopment project area.
c. Permanent houslng facilities shall be made available wlthfn three years
from the time occupants are displaced and that pending the development of
the facilities, adequate temporary houslng facilities at rents comparable
to those tn the community at the ttme of their displacement shall be
available to the displaced occupants.
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.. d. ~lhenever dwelllng untts housing persons and famllles of low or
mOderate-Income are destroyed or removed from the low and moderate-income
housing market as part of a redevelopment project, the Agency shall,
wlthtn four years of the destruction or removal, rehabilitate, develop,
or construct, or cause to be rehabilitated, developed, or constructed,
for rental or sale to persons and famtltes of low or moderate-Income, an
equal number of replacement dwelling units at' affordable housing cost
within the territorial jurtsdlctton of the agency.
2. The Redevelopment Agency shall provtde relocatfon assistance to busJnesses
displaced by the proposed project tn accordance with State Laws. Relocation
assistance provisions tnclude:
a. Bustness owners and tenants that are displaced by the proposed project
shall r&celve monetary and advtsory relocation assJstance consistent wtth
?the California Relocation AssJstance Law.
b. Owners and business occupants wlthtn the project area who are displaced
by the proposed project and who desire to continue to own land In the
project area or re-enter Into bustness In the project area shall be
extended a reasonable preference to relocate tnto substitute locatlons In
the project area at the time when the Redevelopment Agency ts able to
provide available locations. These preference provisions to owners and
business occupants wtthtn the project are shall be In accordance wlth the
"Rules Governing Participation and Preferences by Property Owners and
B.ustness Occupants In the Town Center Area Redevelopment Project."
Page seven
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The Redevelopment 'Agency shall permit owners and business occupants l.n
the project area to participate tn the redevelopment of their property.
If owners of land that is proposed for redevelopment do not want to
participate in the redevelopment of their land and other participating
owners or private parties do not purchase their land, the Redevelopment
Agency shall purchase this land at fair market value.
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RESOLUTION NO. RDA 88-14
A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT
AGENCY OF THE CITYOF TUSTIN, FINDING THAT THE
ENVIRONMENTAL IMPACT REPORT (EIR 88-02) PREPARED IN
CONJUNCTION WITH THE SECOND AMENDMENT TO THE TOWN
CENTER REDEVELOPMENT PROJECT IS RECOGNIZED AS
ADEQUATE WITH THE INCORPORATION OF ALL RESPONSES TO
COMMENTS AND CERTIFYING FINAL ENVIRONMENTAL IMPACT
REPORT 88-02.
The Tusttn Community Redevelopment Agency of the City of Tustin does hereby
resolve as follows:
I.
The Tustln Community Redevelopment Agency finds and determines:
A. As part of the implementation of the City of Tustln's General
Plan, the Town Center Redevelopment Project (as amended) and
State Law, the Second Amendment to the Town Center Redevelopment
project (hereinafter "project") has been proposed; and
B. It is the policy of the State of California and the City of
Tusttn, in accordance with the provisions of the California
Environmental Quality Act of 1970 (hereinafter "CEQA"), as
amended (Public Resources Code, Section 21000 et seq.), and the
State Guidelines for Implementation of CEQA, as amended
(California Administrative Code, Section 15000 et seq.) that the
City shall not approve a project unless there is no feasible way
to lessen or avoid significant effects; meaning all impacts have
been avoided to the extent feasible or substantially lessened
and any remaining unavoidable, significant impacts are acceptable
based on CEQA, Section 15093; and
C. An Environmental Impact Report (hereinafter referred to as
"EIR") was determined to be necessary due to the potential
effects identified in an .initial study prepared for the project;
and
D. An EIR has been prepared and circulated to interested pubic and
private agencies with a solicitation of comments and evaluation,
pursuant to the requirements of CEQA; and
E. A public hearing was duly called, noticed and held on the Draft
EIR on August 29, 1988; and
F. The Tustln Community Redevelopment Agency has read and
considered all environmental documentation comprising the EIR,
has found that the EIR considers all potentially significant
.. environmental impacts of the proposed project, is adequSte with
inclusion of all responses to comments, and fuily complies with
all requirements of CEQA, and' the State guidelines for
implementation of CEQA; and
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Resolution No.. RDA 88-14
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G. Tl~e Caltforflta Environmental Quality Act and the State CEQA
Guidelines provide that no public agency shall approve or carry
out a project for which an EIR has been completed and which
identifies one or more significant effects of the project unless
the publtc agency makes wrttten ftndtngs for each of the
significant' effects, accompanied by a statement of facts
supporting each finding; and
H. The Tusttn Comaunity Redevelopment Agency has considered all
si grit fi cant impacts, ~i ti gatt on measures, and project
alternatives identified in the EIR, has found that all
potentially significant impacts of the project have been avoided
or lessened to a level of non-significance; and
II. The Tusttn Community Redevelopment Agency of the City of Tusttn does
hereby find that EIR 88-02 in 1ts entirety wtth "Responses to.
Coements" ts adequate and complete and certifies Final Environmental
Impact Report 88-02. ·
i'II. The Tustln Community. Redevelopment Agency hereby flnds that changes
have been required in, or incorporated into, the project which will
mitigate or avoid the potentially significant adverse effects
identified In the Final EIR as specifically itemized in Exhibit A,
CEOA Findings and Statement of Facts. All mitigation measures
contained in Final EIR 88-02 are hereby adopted and shall be
incorporated as conditions of approval at subsequent discretionary.
actions at the appropriate level of project implementation.
IV. The Tusttn Comeuntty Redevelopment Agency 'hereby adopts the CEQA
Findings and Statement of Facts attached as Exhibit A and
.Incorporated herein by reference.
~ASSED, ADOPTED AND APPROVED by the Tusttn Community Redevelopment Agency
of the City of Tusttn, California, at a regularly adjourned meeting on the
day of , 1988.
i
Mary E. Nyn'n'
Secretary
Ronaid B. Hoesterey' "
Chat rma'n