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HomeMy WebLinkAboutCC RES 00-76 RESOLUTION NO. 00-76 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RE-CERTIFYING THE FINAL NEGATIVE 3 DECLARATION FOR CONDITIONAL USE PERMIT 00-011 AS ADEQUATE FOR THE ESTABLISHMENT OF AN AUTO STORAGE 4 FACILITY ON A VACANT PARCEL BETWEEN EL CAMINO REAL AND SANTA ANA FREEWAY (I-5) THROUGH A GROUND LEASE BETVVEEN THE CITY OF TUSTIN AND AUTO CENTER 6 MERCHANTS ASSOCIATION AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 7 8 The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: ]0 A. That Conditional Use Permit (CUP) 00-011 was originally considered a ll "project" pursuant to the terms of the California Environmental Quality Act and the proposed Ground Lease to implement CUP 00-011 is also 12 considered a "project"; ]3 B. A Draft Initial Study and Negative Declaration have been prepared for this ~4 project and distributed for public review and adopted by the Planning Commission on May 22, 2000; ]5 C. Whereby, the City Council of the City of Tustin has considered evidence 16 presented by the Assistant City Manager and Planning Commission and other interested parties with respect to the subject Negative Declaration; l? and, D. The City Council has evaluated the previously approved Final Negative ~9 Declaration and determined that with 'ncorporation of the mitigation measures originally required by CUP 00-011, the previous certified Negative 20 Declaration is adequate for the project and the project would not have a significant effect on the environment. 2], I1. A Final Negative Declaration, attached hereto as Exhibit A, has been previously 22 adopted in compliance with CEQA and state guidelines. The City Council has received and considered the information contained in the previously adopted 23 Negative Declaration pdor to approval of the proposed Ground Lease project, and found that it adequately discusses the environmental effects of the proposed 24 project. On the basis of the initial study and comments received during the public 25 headng process, the City Council re-certifies the Final Negative Declaration and finds that although the proposed project could have impacts, there will not be a significant effect because mitigation measures identified in the Final Negative Resolution No.00-76 Page 2 2 Declaration have been incorporated into CUP 00-001 and the Ground Lease project which will mitigate any potential signific~ant effects to a point where clearly 4 no significant effect would occur. The mitigation measures were already included 5 as conditions of approval in Planning Commission Resolution No. 3727. In addition, the City Council finds that the project involves no pdtential for any adverse effect, either individually or cumulatively, on wildlife resources and the City ? Council make a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. 8 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of November 2000. ]0 ,::2 ~ '~u~L2 JC/F~i~tY M.CFHOMAS, Mayor 14 ~)~I~,MELA STOKER ity Clerk STATE OF CALIFORNIA ) 16 COUNTY OF ORANGE ) CITY OF TUSTIN ) 17 I, Pamela Stoker, City Clerk and ex-officioCierk 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 19 the City of Tustin is five; that the above and foregoing Resolution No~ 00-76 was duty passed and adopted at a regular meeting of the Tustin City Council, held on November 20 6, 2000, by the following vote: 2~ COUNCILMEMBER AYES: ]:homas, ~orle.y, I)oy:l.e, Sa'lt:are].]_'i COUNCILMEMER NOES: None . , "' ' 22 COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: Potts 23 CITY CLERK 25 ccreso~auto center.doc -2- EXIIIBIT A ( pOSTED FILED · ' 3UN 0 1 2009JUN 0 1 2000 T DEPARTMENT 300 Cenzennia! tray, TusHn, CA P2780 (7]4) 5?3-3]00 NOTICE OF DETERMINATION [']Fee Exempt per Govt. CoXdS SeCtion 6103 P~oject Title: Conditional Use Permit 00-011 State Clearing House No.:N/A Project Location (including County): Tustin, Orange Lead Agency Contact Person: Minoo Ashabi Phone Number:714/573-3126 Project Description: Establishment of an auto storage facility for Tustin Auto Dealers on a vacant parcel for seven (7) years. The facility would hold up to 314 new vehicles. This is to advise that the ([5~LeadAgency EDResponsible Agency) has approved the above described project on November 1, 1999 and has made the following determinations regarding the project: 1. The project {[']will Illwill not} have a significant effect on the environment. 2. [] An EIR was prepared for ~is project pursuant to the provisions of CEQA. [] A Negative Declaration was prepared for thii project pursuant to the provisions of CEQA. 3. Mitigation measures {[~were [']were not} made a condition ofpr0ject approval. 4. A Statement of Overriding Consideration {E3 was [] was not} adopted for this project. 5. Findings {[']were E3were not} made pursuant to the provisions of CEQA. This is to certify that the Final EIR with comments and responses, and recoi:d of approval, is available to the general public at: Recordid in Official Records, County of Orange Gary Granville, Clerk-Recorder IIIIIII IIIIIIIIIIII IIIII IIII11111111111 IllIf IIIII IIIII llll138.00 200085000211 09:30arn 06/06/00 170 52 ZO1 0.00 38.00 0.00 0.00 0.00 0.00 0.00 0.00