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HomeMy WebLinkAboutCC RES 04-45 RESOLUTION NO. 04-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CERTIFYING THE PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT REPORT AS COMPLETE AND ADEQUATE PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR ZONE CHANGE 03-002, TENTATIVE TRACT MAP 16481, DESIGN REVIEW 03-012, CONDITIONAL USE PERMIT 03-012, AND FINDING THE DISPOSITION OF PROPERTY OWNED BY THE TUSTIN REDEVELOPMENT AGENCY IN CONFORMANCE WITH THE GENERAL PLAN The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Zone Change 03-002, Tentative Tract Map 16481, Design Review 03-012, and Conditional Use Permit 03-012, was submitted by Prospect Village LP, a California Limited Partnership (formerly known as Pelican Center LLC), requesting approval to rezone the project site from "Central Commercial-Parking Overlay" to "Planned Community" and establish Planned Community District Regulations, subdivide a 1.036 acre parcel into thirteen (13) numbered lots and one (1) lettered lot for the purpose of developing an approximately 9,300 square foot commercial building and twelve (12) live/work units, and establish alcoholic beverage sales in conjunction with a future approximately 3,000 square foot restaurant at the northwest corner of Main Street and Prospect Avenue. In addition, a General Plan Conformity Finding is required for disposition of property owned by the Tustin Community Redevelopment Agency. Together, these entitlements are known as the "project." B. Pursuant to the California Environmental Quality Act (CEQA) (Calif. Public Resources Code Sec. et. seq. 21000) and the State Guidelines, the City of Tustin has completed the following actions in preparing the Prospect Village Final Environmental Impact Report (FEIR): 1. An Initial Study was prepared to determine whether any aspect of the project, either individually or cumulatively, would cause a significant impact on the environment and to narrow the focus or scope of the environmental analysis. 2. On April 17, 2003, a Notice of Preparation was filed with the State Clearinghouse in the Office of Planning and Research, which circulated the document for review. Resolution No. 04-45 Page1of18 6. 7. 8. D. 3. On April 22, 2003, a noticed public scoping meeting was conducted to seek public input regarding the environmental issues raised by the proposed project and the scope of the EIR. On January 9, 2004, a Draft Environmental Impact Report (DEIR) was released for a 45-day public review and comment period. A copy was also filed with the State Clearinghouse. The DEIR assessed the significant environmental impacts and set forth mitigation measures to lessen impacts associated with the project. The comment period on the DEIR closed on February 23, 2004. 4. 5. A Final Environmental Impact Report (FEIR), including responses to written public comments was prepared and made available for public review on April 16, 2004. On April 26, 2004, the Planning Commission held a public hearing for the project and recommended that the City Council certify the Final Environmental Impact Report as complete and adequate pursuant to the California Environmental Quality Act for the purpose of recommending approval of Zone Change 03-002 and Tentative Tract Map 16481 and certified the Prospect Village Final Environmental Impact Report as complete and adequate pursuant to the California Environmental Quality Act for the purpose of approving Design Review 03-012, Conditional Use Permit 03-012, and finding the disposition of property owned by the Tustin Community Redevelopment Agency in conformance with the Tustin General Plan. On May 3, 2004, the City Council appealed the Planning Commission's decisions to the City Council. On May 17, 2004, the City Council held a public hearing for the project and considered public testimony prior to rendering a decision on the project. In accordance with Section 15132 of the State CEQA Guidelines, Prospect Village Final Environmental Report consists of the following items, which are attached hereto as Exhibit A, and incorporated herein by this reference: 1. 2. Resolution No. 04-45 Page2of18 Volume 1 including the Draft EIR, including all appendices and technical reports thereto; and, Volume 2 including a list of persons, agencies and organizations, commenting on Draft EIR; all comments received, responses of the City to significant environmental points raised in received comments; and errata. E. The FEIR analyzes the potential environmental impacts associated with the project. The FEIR evaluates the proposed project, which includes the rezoning of a 1.036 acre property located at the northwest corner of Main Street and Prospect Avenue from "Central Commercial-Parking Overlay (C2-P) to "Planned-Community (P-C)", subdivision of the property into thirteen (13) numbered lots and one (1) lettered lot, and construction of an approximately 9,300 square foot commercial building and twelve (12) live/work units. In addition to a "No Project Alternative", the FEIR also evaluates a range of project alternatives, including the following: 1. Full Reuse Alternative: The Full Reuse Alternative entails rehabilitation and reuse of the existing Utt Juice buildings in accordance with the Secretary's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, 1995, Weeks and Grimmer ("Secretary's Standards and Guidelines"). This Alternative also entails new construction of retail building addition on the vacant pad area immediately west of the 191 Main Street building ("191 Building"). The remaining northerly portion of the site would be developed with ten (10) live/work units. 2. Partial Reuse Alternative: This Alternative would rehabilitate and reuse the 191 Building and partially rehabilitate and reuse the 193, 195 Building (to a depth of sixty) in accordance with the Secretary's Standards and Guidelines. This Alternative also entails construction of a new two story building to a depth on the pad area immediately west of the 191 Building. The remaining northerly portion of the site would be developed ten (10) residential live/work units. 3. Partial Reuse (193, 195 Building Only) Alternative: This Alternative would partially rehabilitate and reuse the front forty five feet of the 193, 195 Buildings in accordance with the Secretary's Standards and Guidelines. The 191 Building would be demolished. This Alternative also entails construction of a new two story retail building on the remaining pad area west of the 193, 195 Building. Similar to the proposed project, the remaining northerly portion of the site would be developed with twelve (12) live/work units. 4. Full Reuse (Existing Zoning) Alternative: The Full Reuse Under Existing Zoning Alternative would rehabilitate and reuse the existing structures in accordance with the Secretary's Standards and Guidelines. The alternative also entails construction of a new Resolution No. 04-45 Page 3 of 18 II. abutting 2,200 square feet single story retail building on the vacant site immediately west of the 191 Building. The remaining northerly portion of the site would be developed with a two-story retail and professional office building. 5. Façade Reuse Alternative: This alternative entails rehabilitation and reuse of all or a portion of the façade of the 193, 195 Building as may be technically feasible, which would be incorporated into a new two story Main Street building. All other project components would be similar to the proposed project. H. Section 21081 of the Public Resources Code and Section 15091 of the State CEQA Guidelines require that the City Council make one or more of the following findings prior to approving or carrying out a project for which an EIR has been prepared identifying one or more significant effects of the project, together with a statement of facts in support of each finding: 1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations make infeasible the mitigation measures or alternatives identified in the EIR. I. State Guidelines Section 15093(b) require that, where the decision of the City Council allows the occurrence of significant effects which are identified in an EIR, but are not at least substantially mitigated, the City Council must state in writing the reasons to support its action based on the FEIR or other information in the record; J. State Guidelines Section 15093(a) requires the City Council to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project; and K. A lead agency that makes findings on significant effects in an EIR must also adopt a program for reporting or monitoring mitigation measures that are made conditions of project approval. The City Council of the City of Tustin does hereby find and determine that the Prospect Village FEIR was reviewed and considered by the City Council before Resolution No. 04-45 Page40f18 III. IV. V. VI. VII. VIII. considering approval of the Project and that the FEIR reflects its independent judgment and analysis. The City Council of the City of Tustin does hereby find that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. The City Council of the City of Tustin does hereby find that changes have been required in, or incorporated into, the project that will mitigate or avoid potentially significant adverse effects related to hazards, short term construction traffic, and parking identified in the FEIR and that all mitigation measures contained in the FEIR are adopted and included as conditions of approval of the Project. The City Council of the City of Tustin hereby finds that there will be significant effects which, are identified in an EIR, which will not be substantially mitigated, and sets forth the Findings of Fact, which includes the reasons to support its action based on the FEIR or other information in the record, as attached as Exhibit B, and incorporated herein by this reference; The City Council of the City of Tustin hereby finds that the unavoidable significant environmental effects of the project related to cultural resources and land use are outweighed by the economic, social, technological, and other benefits of the project, as set forth in the Statement of Overriding Considerations attached as Exhibit B, and incorporated herein by this reference. The City Council of the City of Tustin does hereby adopt a Mitigation Monitoring Reporting Program is set forth in Exhibit C, incorporated herein by this reference, which provides a checklist of mitigation measures identified in the FEIR to monitor the progress of each measure. The following information is identified for each measure listed in the checklist: 1. The text of the measure is provided which contains the criteria for mitigation, either in the form of adherence to certain adopted regulations or identification of the steps to be taken as mitigation. 2. The timing of the implementation of the mitigation measures is indicated. 3. The table lists the appropriate responsible or supervising party or agency to perform or enforce the mitigation measure or implementation measure. The City Council of the City of Tustin does hereby find and certify that the Prospect Village FEIR has been completed in compliance with the requirements of CEQA and the State Guidelines and certifies the Prospect Village Final Environmental Impact Report (FEIR) as complete and adequate pursuant to the California Environmental Quality Act for the purpose of approving Zone Change 03-002, Resolution No. 04-45 Page 5 of 18 Tentative Tract Map 1648, Design Review 03-012, Conditional Use Permit 03- 012, and a General Plan Conformity Finding for the disposition of property. PASSED AND ADOPTED at a regular meeting of the City of Tustin City Council held on the 17h day of May, 2004. \J~l~ TONY KAWþ\@HIMA, Mayor ATTEST: -1M:J d} ~ PAMELA STOKER, City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF TUSTIN ) I, Pamela Stoker, 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. 04-45 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of May, 2004 by the following vote: COUNCILMEMBER AYES: KAWASHTMA !lONE nAVERT HA(',EN THOMAS COUNCILMEMBER NOES: NONE COUNCILMEMBER ABSTAINED: NONE COUNCILMEMBER ABSENT: NONE (';) (0) (0) (0) ~!Y't oDe ~ PAMELA STOKER, City Clerk Resolution No. 04-45 Page60f18 EXHIBIT A OF RESOLUTION NO. 04-45 PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT REPORT SEE VOLUMES 1 AND 2 SEPARATELY BOUND Resolution No. 04-45 Page70f18 EXHIBIT B OF RESOLUTION NO. 04-45 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS Resolution No. 04-45 Page 8 of 18 EXHIBIT C OF RESOLUTION NO. 04-45 MITIGATION MONITORING PROGRAM Resolution No. 04-45 Page 9 of 18 PROSPECT VILLAGE FINAL ENVIRONMENTAL IMPACT REPORT MITIGATION MONITORING PROGRAM This Mitigation Monitoring and Reporting Program has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) section 21081.6. Its purpose is to ensure implementation of the mitigation measures required by the Prospect Village Final Environmental Impact Report (FEIR) for the Prospect Village Project, located in the City of Tustin and the City of Irvine, in the County of Orange. The City of Tustin has adopted the mitigation measures included in the Final EIS/EIR in order to mitigate or avoid significant impacts on the environment. This program has been designed to ensure compliance during project implementation. Mitigation measures identified in the Final EIS/EIR for the Prospect Village Project have been incorporated into a checklist. Each mitigation measure is listed separately on the checklist with appropriate spaces for monitoring the progress of implementation of each measure. Mitigation measures are also identified in this Mitigation Monitoring and Reporting Program. The following information is identified for each measure listed in the checklist: . The timing of implementation of the mitigation measure. . The appropriate agency to enforce the mitigation measure. The mitigation measures in the table are listed by environmental impact area in the same order as they are listed in the Final EIS/EIR. Mitigation Monitoring and Report Program Management As shown in Table 1, the mitigation measures associated with the project will be completed in conjunction with development of the project. Availability of Mitigation Monitoring and Reporting Program The completed Mitigation Monitoring and Reporting Program checklist will be retained in the project file and will be available for public inspection on proper request. Resolution No. 04-45 Page 10 of 18 Exhibit C of Resolution No. 04-45 Mitigation Monitoring Program Measure Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility Cultural Resources 1: Prior to issuance of a demolition permit, documentation of the Prior to issuance of a City of Tustin Community buildings to be removed shall demolition permit Development be undertaken by the developer Department to be approved by the City utilizing the standards of the Historic American Building Survey (NABS), including photo -documentation and measured drawings of the East Main and Prospect Avenue elevations. These items, together with the Historical Resource Technical Report, shall be added to the Tustin Area Historical Society Museum. Cultural Resources 2: If buried cultural resources, such as chipped or ground During construction City of Tustin Community stone, historic debris, building Development foundations, or human remains Department are inadvertently discovered during ground -disturbing activities, work will stop in that area and within 100 feet of the find until a qualified archaeologist can assess the Resolution No. 04-45 Page 11 of 18 Measure Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility significance of the find, and, if necessary, develop appropriate treatment measures. Treatment measures typically include development of avoidance strategies, capping with fill material, or mitigation of impacts through data recovery programs such as excavation or detailed documentation. The construction contractor and lead contractor compliance inspector will verify that work is halted until appropriate treatment measures are implemented if cultural resources are discovered during construction activities. Concurrence from the City on measures to be implemented before resuming construction activities in the area of the find will be obtained. Hazards 1: The applicant shall remove the clarifier on site in accordance Prior to issuance of City of Tustin Community with applicable local, state and grading permits g g p Development federal re ulations prior to Resolution No. 04-45 Page 12 of 18 Exhibit C of Resolution No. 04-45 Mitigation Monitoring Program Resolution No. 04-45 Page 13 of 18 Mitigation Timing and Mitigation Monitoring and Measure Implementation Compliance Enforcement Responsibility Responsibility obtaining a grading permit. Department Hazards 2: Any unknown contaminated soils that could be encountered During construction City of Tustin Community on the project site during Development demolition, site clearance, or Department construction activities shall be removed from the project site and disposed of off-site. The removal and disposal of these hazardous materials would be in accordance with guidelines specified by the applicable local, state and federal resources agencies, including but not limited to the Department of Toxics Substances Control and federal Environmental Protection Agency. Hazards 3: If during any future demolition or remodeling activities During demolition or City of Tustin Community additional suspect materials remodeling Development are observed, bulk samples Department shall be collected of these Resolution No. 04-45 Page 13 of 18 Resolution No. 04-45 Page 14 of 18 Mitigation Timing and Mitigation Monitoring and Measure Implementation Compliance Enforcement Responsibility Responsibility materials and analyzed for asbestos content. All suspect materials at the Property are Presumed Asbestos -containing Materials (PACMs) until the asbestos content is confirmed or denied by analytical testing. Hazards 4: The applicant shall retain a licensed abatement contractor Prior to issuance of a City of Tustin Community to properly remove and demolition permit Development dispose of the damaged Department (peeling, flaking) lead-based paint prior to obtaining a demolition permit. Traffic 1: The developer shall prepare a construction staging and Prior to issuance of a City of Tustin Public Works parking plan for review and demolition permit Department approval by City of Tustin Public Works prior to issuance of demolition permit. The developer or contractor shall monitor the implementation and effectiveness of the construction staging and parking plan during the construction phase of the Resolution No. 04-45 Page 14 of 18 Exhibit C of Resolution No. 0445 Mitigation Monitoring Program Measure Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility project. The plan shall include one or more of the following potential types of traffic -related mitigation measures to ensure that temporary disruptions to the adjacent uses and circulation within the area are minimized: • Construction and Employee Parking: As part of the construction staging and parking plan, the contractor would submit and obtain approval of a construction parking program which reflects the schedule of construction activities and location of construction -related parking. Locations of available parking would be identified. • Street Circulation and Parking Measures: The contractor may request and obtain a permit for Resolution No. 04-45 Page 15 of 18 Measure Resolution Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility any temporary lane closures that may be required for adjacent roadways. The contractor would utilize flagmen for traffic control to minimize inconvenience and for safety of vehicles and pedestrians. • Haul Truck Routes, Queue Areas, and Deliveries: The contractor would provide an estimate of truck volume and schedule. Schedule adjustments would be made to minimize the volume during peak traffic hours. Areas would be designated by the developer or contractor for staging of all trucks. All earth -moving and ready -mix trucks would be equipped with two- way radios. The trucks would follow a City- it - Resolution No. 04-45 Page 16 of 18 Exhibit C of Resolution No. 04-45 Mitigation Monitoring Program Measure Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility approved route to the project site, without unnecessary waiting. • Hours of Excavation Hauling: Heavy truck hauling associated with excavation would be scheduled to minimize interference with daytime activity in the area. The hours for excavation hauling would be determined in conjunction with the City as part of the construction staging and parking plan. • Pedestrian Safety Measures: The contractor would install a construction fence around the perimeter, complying with City requirements before excavation begins. A flagman would be available at all times and would be utilized whenever trucks Resolution No. 04-45 Page 17 of 18 Measure Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Res onsibilit entering or leaving the project site may impede the flow of traffic. Parking 1: If the City Council does not approve the Off -Site Parking Prior to issuance of a City of Tustin Community Agreement, the applicant must demolition permit Development present an alternative shared Department use agreement to the City for review and approval prior to issuance of a demolition permit. If the City does not approve an alternative shared use agreement, the Project shall not proceed. Resolution No. 04-45 Page 18 of 18