HomeMy WebLinkAbout06-E (CC RES 16-55 (PC MITIGATED NEGATIVE DECLARATION))ATTACHMENT E
City Council Resolution No. 16-55
(Mitigated Negative Declaration)
RESOLUTION NO. 16-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING
AND REPORTING PROGRAM PREPARED IS ADEQUATE TO
SERVE AS THE PROJECT ENVIRONMENTAL DOCUMENT
FOR GENERAL PLAN AMENDMENT 2016-01, ZONE
CHANGE 2016-001, SUB 2016-03/TENTATIVE TRACT MAP
17993 FOR CONDOMINIUM PURPOSES, DESIGN REVIEW
2016-004 AND DEVELOPMENT AGREEMENT 2016-002 FOR
THE DEVELOPMENT OF ONE -HUNDRED FORTY (140)
RESIDENTIAL CONDOMINIUMS ON AN APPROXIMATE 6.81 -
ACRE SITE LOCATED AT 320-438 WEST 6TH STREET AND
620-694 SOUTH B STREET
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That a proper application has been submitted to the City of Tustin (the
City) Community Development Department by Intracorp SoCal-1 LLC for a
General Plan Amendment (GPA) 2016-01, Zone Change (ZC) 2016-001,
SUB 2016-03/Tentative Tract Map (TTM) 17993 for Condominium
Purposes, Design Review (DR) 2016-004 and Development Agreement
(DA) 2016-002 for the development of one -hundred forty (140) residential
condominium units with common and private open space including a
recreation center, swimming pool and paseos, and a privately owned and
maintained public park, on an approximate 6.81 acre site located at 320-
438 W. Sixth Street and 620--694 S. B Street.
B. That the development application includes the following requests:
GPA 2016-01 to change the General Plan Land Use Designation from
Industrial to Planned Community Residential.
2. ZC 2016-001 to change the Zoning designation from Planned Industrial
(PM) to Planned Community (P -C) District.
3. SUB 2016-03/TTM 17993 to subdivide an approximate 6.81 acre parcel
located at 420 W. Sixth Street and 320-694 S. B Street into two (2)
numbered lots and one (1) lettered lot for condominium purposes to
accommodate construction of one -hundred forty (140) attached
residential condominium units within twenty seven (27) residential
buildings, a recreation center and swimming pool to serve residents, and
a privately owned and maintained 3,709 square foot park for the use and
enjoyment of the public for public benefit.
City Council Resolution No. 16-55
Page 2
4. DR 2016-004 for the site, architectural and landscape plans.
5. DA 2016-002 to facilitate the development of a 6.81 acre site and to
provide for public benefits.
C. That City prepared an Initial Study to evaluate the potential environmental
impacts associated with the project that concluded, with mitigation
measures, potential significant impacts can be reduced to a level of
insignificance and a draft Mitigated Negative Declaration (MND) was
prepared;
D. That a Notice of Intent to Adopt a MND was published and the MND and
Initial Study were made available for a thirty (30) day public review and
comment period from July 27, 2016, to August 26, 2016, in compliance
with Sections 15072 and 15105 of the State CEQA Guidelines;
E. That public comments were received and a Final MND with responses to
submitted comments was prepared and is attached hereto as Exhibit A;
F. That whenever a lead agency approves a project requiring the
implementation of measures to mitigate or avoid significant effects on the
environment, CEQA also requires a lead agency to adopt a Mitigation
Monitoring and Report Program (MMRP) to ensure compliance with the
mitigation measures during project implementation;
G. That the City is the lead agency on the project and the City Council is the
decision-making body for the proposed project;
H. That a public hearing was duly called, noticed, and held on said
application on September 27, 2016, by the Planning Commission.
Following the hearing, the Planning Commission recommended that City
Council find the Initial Study/MND, attached hereto as Exhibit "A", and
Mitigation and Monitoring Reporting Program (MMRP), attached hereto as
Exhibit "B", adequate for GPA 2016-01, ZC 2016-001, SUB 2016-03/TTM
17993, DA 2016-002, and DR 2016-004 and adopt the MND and the
MMRP.
I. That a public hearing was duly called, noticed, and held on said
application on October 18, 2016, by the City Council. At the request of the
applicant, the City Council continued the public hearing to November 15,
2016.
J. That in accordance with the provisions of the California Environmental
Quality Act (CEQA), the checklist has been considered and found to be
complete and adequate prior to approving the project as proposed.
City Council Resolution No. 16-55
Page 3
11. The City Council hereby adopts the Mitigated Negative Declaration (Exhibit A)
and Mitigation and Monitoring Reporting Program (Exhibit B) and finds it
adequate for GPA 2016-01, ZC 2016-001, SUB 2016-03/TTM 17993, DR 2016-
004 and DA 2016-002 to change the Land Use Designation from Industrial (1) to
Planned Community Residential (PC -R), to change the zoning designation from
Planned Industrial (PM) to Planned Community (P -C) District, and to subdivide
an existing parcel located at 320-438 West Sixth Street and 620-694 South B
Street to accommodate the construction of One Hundred Forty (140) residential
condominiums.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting
on the 15th day of November, 2016.
JOHN NIELSEN
MAYOR
ATTEST:
ERICA N. RABE
CITY CLERK
Exhibit A: Initial Study/Mitigated Negative Declaration
Exhibit B: Mitigation and Monitoring Reporting Program
Exhibit C: Response to Comments
City Council Resolution No. 16-55
Page 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
ERICA N. RABE, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does 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. 16-55 was duly passed
and adopted at a regular meeting of the Tustin City Council, held on the 15th day of
November, 2016, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE, CITY CLERK