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Home My WebLink About08-ATTACHMENT EAttachment E RESOLUTION NO. 4367 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING APPROVAL OF FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT (SCH# 2017041031) AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE RED HILL AVENUE SPECIFIC PLAN AND STATEMENT OF OVERRIDDING CONSIDERATIONS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That the City Council initiated preparation of the Red Hill Avenue Specific Plan in July 2015 with the intent of encouraging economic development and business attraction and development within the existing Red Hill Avenue commercial area. B. That to facilitate the intended vision and implementation of the Red Hill Avenue Speck Plan, General Plan Amendment (GPA) 2017- 00001 and Zone Change (ZC) 2017-00001 are necessary. C. That collectively,. GPA 2017-00001 and ZC 2017-00001 constitute a "project" that is subject to the terms of the California Environmental Quality Act ("CEQA") (Pub. Resources Code §21000 et. seq.). D. That the City determined that a Program EIR pursuant to CEQA Guidelines Section 15168 is required for the proposed project, circulated a Notice of Preparation (NOP) on April 7, 2017 and held an EIR scoping meeting on April 20, 2017, to determine the scope of the environmental issues to be addressed in the Draft Program Environmental Impact Report (DPEIR). Comments received during the 30 -day public review period, from April 7, 2017, to May 8, 2017, are included in the DPEIR as Appendix A of Volume II of the DPEIR. E. That the DPEIR for GPA 2017-00001 and ZC 2017-00001 analyzed impacts to fourteen (14) environmental topical areas listed below: 1. Aesthetics 2. Air Quality 3. Cultural Resources and Tribal Cultural Resources 4. Geology & Soils 5. Greenhouse Gas Emissions Resolution No. 4367 GPA 2017-00001 and ZC 2017-00001 Page 2 6. Hazards and Hazardous Materials 7. Hydrology and Water Quality 8. Land Use and Planning 9. Noise 10. Population and Housing 11. Public Services 12. Recreation 13. Transportation and Traffic 14. Utilities F. That the City issued a Notice of Availability (NOA) for a Draft Program EIR (DPEIR) on February 1, 2018 with a 45 -day public comment period (February 1, 2018 to March 19, 2018), and received comments from the public and other agencies during and after the comment period. The NOA for the DPEIR was sent to all affected agencies and interested parties and published in the Tustin News on February 1, 2018 and made available for public review at City Hall, the Tustin Library and on the City's website. G. That between July 2015 and February 2018, a total of three (3) public workshops were held for the project. The purpose of the workshops was to receive comments on the Draft Specific Plan; The final workshop was also a joint study session between the Planning Commission and City Council where the final draft Specific Plan was presented and additional comments were voiced and/or submitted in writing. H. On July 31, 2018, the responses to comments were distributed to those persons or agencies that commented on the DPEIR. The FPEIR provides the required written responses to each comment received on the DPEIR pursuant to CEQA. I. That the Final Program EIR for the Red Hill Avenue Specific Plan along with its Appendices is incorporated herein by reference. J. In accordance with Section 15132 of the State CEQA Guidelines, FPEIR consists of the following which are incorporated herein by reference: The Draft Program Environmental Impact Report (DPEIR) — Exhibit A; Response to Comments & Native American Tribal Consultation on the DPEIR — Exhibit B Comments Received on the DPEIR 1 Resolution No. 4367 GPA 2017-00001 and ZC 2017-00001 Page 3 • A list of persons, organization, and public agencies commenting on the DPEIR; • Statement of Overriding Considerations — Exhibit C • Mitigation Monitoring and Reporting Program (MMRP) — Exhibit D • The Findings and Facts in Support of Findings and Statement of Overriding Considerations — Exhibit E K. That the public interest, convenience, health, welfare, and safety requires that three (3) acres of usable park land per one thousand (1,000) potential population be devoted to local park -and recreational purposes. At buildout, the Specific Plan could generate additional residents and employees within the Specific Plan area. This population increase would result in an increased use of existing and planned City parks and recreational facilities. Because future residential development within the Specific Plan area may not be subject to the Quimby Act or the subdivision provisions of the Tustin City Code, future development projects could cumulatively contribute to the parkland deficiency identified in the City's General Plan. Therefore, Mitigation Measures 4.12-1 is required to ensure park and recreational facilities are provided to serve future residents within the Specific Plan area. L. That the amount of such fee shall be based upon the fair market value of the amount of land at time of project approval which would otherwise be required for dedication, according to the following standards and formula. M. That the Planning Commission held a public hearing on August 14, 2018, took public testimony and continued the hearing to September 25, 2018. N. That the Planning Commission has considered the FPEIR, prior to making recommendation to the City Council on GPA 2017-00001 and ZC 2017-00001. O. That while GPA 2017-00001 and ZC 2017-00001 would result in potentially significant and unavoidable impacts that were identified in the FPEIR and cannot be mitigated, these impacts are overridden for the reasons set forth in the Findings of Fact and Statement of Overriding Considerations, attached thereto as Exhibit E. F, Resolution No. 4367 GPA 2017-00.001 and ZC 2017-00001 Page 4 II. The Planning Commission of the City of Tustin does hereby recommend that the City Council find and certify that the FPEIR for GPA 2017-00001 and ZC 2017-00001 attached hereto as Exhibits A through F has been completed in compliance with the requirements of CEQA and the State Guidelines. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25h day of September, 2018, AUSTIN LUNIOAAD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary 1 Resolution No. 4367 GPA 2017-00001 and ZC 2017-00001 Page 5 STATE OF CALIFORNIA COUNTY OF ORANGE ) CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the. Planning Commission Secretary of the City, of Tustin, California; that Resolution No. 4367 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of September, 2018. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary Kozak, L,umbard, Mason, Thompson (4) A. Draft Program Environmental Impact Report (DPEIR) for the RHASP 1. Volume I — RHASP Program EIR 2. Volume II - Appendices B. Response to Comments and Native American Tribal Consultation 1. Comments received on the DPEIR 2. A list of persons, organization, and public agencies commenting on the Draft EIR C. Statement of Overriding Considerations D. Mitigation Monitoring and Reporting Program (MMRP) E. Findings and Facts in Support of Findings of Statement of Overriding Considerations for Final Program Environmental Impact Report. 1 RESOLUTION NO. 4368 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE TUSTIN CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT [GPA 2017-000011 INCLUDING TEXT AMENDMENTS AND AMENDMENTS TO CERTAIN EXHIBITS/MAPS FOR THE RED HILL AVENUE SPECIFIC PLAN (SP -13). The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That the City Council initiated the preparation of the Red Hill Avenue Specific Plan (RHASP) in July 2015 with the intent of encouraging economic development and business attraction in conjunction and development within the existing Red Hill Avenue commercial area. In conjunction with the RHASP the revision of text and maps within the General Plan is necessary to make all elements internally consistent and consistent with the proposed Plan. B. That General Plan Amendment (GPA) 2017-00001 shall include amendments to the Land Use Element and other minor text amendments to various related sections as well as related graphic exhibits and maps. C. That the City of Tustin, as Lead Agency, has determined that collectively, GPA 2017-00001 and Zone Change (ZC) 2017-00001 constitute a "project" under the California Environmental Quality Act.. A Final Program Environmental Impact Report (FPEIR) has been prepared and environmental impacts associated with the Red Hill Avenue Specific Plan project have been analyzed as referenced in Resolution 4367. D. That the Planning Commission has considered the FPEIR, prior to making recommendation to the City Council on GPA 2017-00001 and ZC 2017- 0001. E. That California law requires that a specific plan be consistent with the General Plan of the adopting locality. A General Plan Consistency Analysis has been prepared as part of the Red Hill Avenue Specific Plan that finds the project to be consistent, with adoption of the proposed General Plan Amendment. F. That Califomia Government Code Section 65450 establishes the authority I. for cities to adopt specific plans, including a requirement that the City's Resolution No. 4368 Page 2 Planning Commission must provide a recommendation on the proposal to the City Council, the final approval authority for the project. G. That a public hearing was duly called, noticed, and held on the proposed project on August 14, 2018, by the Tustin Planning Commission. At the meeting, the Planning Commission took public testimony and continued the public hearing to September 25, 2018, H. That the Commission has reviewed and considered FPEIR prior to recommending approval of GPA 2017-00001. II. The Planning Commission hereby recommends that the City Council approve GPA 2017-00001 authorizing a change to the General Plan Land Use Designations of Retail Commercial (C-1), Central Commercial (C-2), Commercial General (CG) and Professional (PR) within the project area to Red Hill Avenue Specific Plan (SP -13) and text amendments as identified and attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of September, 2018. AUSTIN LUMBARD Chairperson —52,( -ar& Z � ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4368 Page 3 1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4368 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 251h day of September 2018. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: LIZABETH A. BINSACK Planning Commission Secretary L Kozak, Lumbard, Mason, Thompson (4) Exhibits: A. General Plan Consistency Analysis B. Revised General Plan text, exhibits and maps associated with the RHASP C. Existing and Proposed General Plan Maps 1 RESOLUTION NO. 4369 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 1498 APPROVING ZONE CHANGE (ZC) 2017-00001 FOR THE RED HILL AVENUE SPECIFIC PLAN (SP -13) AND ADOPTION OF THE RED HILL AVENUE SPECIFIC PLAN The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That the City Council initiated preparation of the Red Hill Avenue Specific Plan in July 2015 with the intent of encouraging economic development and business attraction and development within the existing Red Hill Avenue commercial area. B. That to facilitate the intended vision and implementation of the Red Hill Avenue Specific Plan (RHASP), General Plan Amendment (GPA) 2017- 00001 and Zone Change (ZC) 2017-00001 are necessary. C. That ZC 2017-0001 will amend the Zoning Map and adopt SP -13, the RHASP. D. That SP -13 would establish a new, integrated mixed use land designation for the area and would include residential uses in addition to commercial, retail and office uses. The mix of uses would encourage development in the area and provide incentives to redevelop existing underutilized parcels. The RHASP would allow up to 500 additional residential units and 325,000 square feet of additional nonresidential square footage to the area. E. That SP -13 (Ordinance No. 1498) will be consistent with the Tustin General Plan, as amended by GPA 2017-00001. That the proposed SP - 13 will further the goals and policies for the long-term growth, development and revitalization of the Red Hill Avenue commercial corridor. F. That the City of Tustin, as Lead Agency, has determined that collectively, GPA 2017-00001 and ZC 2017-00001 constitute a "project" under the California Environmental Quality Act. A Final Program Environmental Impact Report (PEIR) has been prepared and environmental impacts associated with the RHASP project have been analyzed as referenced in Resolution 4367. Resolution 4369 Page 2 G. That the Planning Commission has considered the FPEIR, prior to making recommendation to the City Council on ZC 2017-00001. H. That a public hearing was duly called, noticed, and held on the proposed project on August 14, 2018, by the Tustin Planning Commission. At the meeting, the Planning Commission took public testimony and continued the public hearing to September 25, 2018. That California Government Code Section 65450 establishes the authority for cities to adopt specific plans, including a requirement that the City's Planning Commission must provide a recommendation on the proposal to the City Council, the final approval authority for the project. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1498 approving ZC 2017-00001 authorizing a change to the Zoning designations of Retail Commercial (C-1), Central Commercial (C-2), Commercial General (CG) and Professional (PR) within the project area to Red Hill Avenue Specific Plan (SP -13) as attached hereto and adopt the Red Hill Avenue Specific Plan document. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 25th day of September, 2018. AUSTIN LUMBARD Chairperson ELIZABETH A. BINSACK Planning Commission Secretary D Resolution 4369 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, Commission Secretary of the City of Tustin, duly passed and adopted at a regular meeting on the 25th day of September, 2018. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ELIZABETH A. BINSACK Planning Commission Secretary hereby certify that I am the Planning California; that Resolution No. 4369 was of the Tustin Planning Commission, held Kozak, Lumbard, Mason, Thompson (4) Exhibits: A. Ordinance No. 1498 approving Zone Change 2017-00001 for the RHASP B. Revised Zoning Map C. Final Draft Red Hill Avenue Specific Plan — dated July 2018