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RESOLUTION NO. 3960
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA RECOMMENDING THAT THE
CITY COUNCIL FIND THE MITIGATED NEGATIVE
DECLARATION AS ADEQUATE TO APPROVE TENTATIVE
TRACT 16782 AND DESIGN REVIEW 04-024 AS REQUIRED
BY 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 Tentative Tract 16782 and Design Review 04-024 is considered a
"Project" pursuant to the terms of the California Environmental Quality
Act;
B.
An Initial Study and Negative Declaration has been prepared for this
Project and is advertised as available for public review between January
18 and February 7, 2005. The Initial Study/Negative Declaration
evaluated the construction of 25 single-family dwelling units and
incorporated, by reference, the environmental analysis included in
Environmental Impact Report EIR 85-2 for the East Tustin Specific Plan
(ETSP) (certified on March 17, 1986) and subsequently amended by
Addendum 7.
C.
That the negative declaration was prepared in conformance with
Section 15168(c)(1) of the California Environmental Quality Act (CEQA)
to analyze the project with consideration of changes to the ETSP area
that were not originally examined in the ETSP program Environmental
Impact Report (EIR 85-2).
D.
That as permitted by Section 15153(c) of CEQA, EIR 85-2 was used as
a reference document with the Initial Study and assisted in determining
that the project would not result in significant impacts.
E.
Prior to recommending approval of the Project, the Planning Commission
has evaluated the proposed Negative Declaration and determined that
with incorporation of the mitigation measures, the project would not have
a significant effect on the environment.
F.
That the negative declaration may be reviewed by the Planning
Commission prior to the end of the public review period established by
Section 15105 of CEQA because the Planning Commission will not be
rendering a decision on the project but will be making a recommendation
for the City Council who will make a decision for the project after the
public review period has concluded.
Resolution No. 3960
Page 2
G.
The Planning Commission of the City of Tustin has considered evidence
presented by the Community Development Director and other interested
parties with respect to the subject draft Initial Study/Negative Declaration
at the January 24, 2005, meeting.
II.
A Draft Mitigated Negative Declaration, attached hereto as Exhibit A, has been
completed in compliance with CEQA and State guidelines. The Planning
Commission has received and considered the information contained in the
Negative Declaration prior to recommending approval of the proposed Project
and finds that it adequately discusses the environmental effects of the proposed
project. On the basis of the initial study and comments received during the
public hearing process, the Planning Commission finds that although the
proposed project could have impacts, there will not be a significant effect
because mitigation measures identified in the Negative Declaration and
applicable mitigation measures of ETSP EIR 85-2 have been incorporated into
the project as conditions of approval which mitigate any potential significant
effects to a point where clearly no significant effect would occur. In addition, the
Planning Commission finds that the project involves no potential for any adverse
effect, either individually or cumulatively, on wildlife resources as defined in
Section 711.2 of the Fish and Game Code. The Planning Commission hereby
recommends that the City Council adopt the Mitigated Negative Declaration for
the purpose of approving Tentative Tract 16782 and Design Review 04-024.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 24th day of January, 2005.
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Chairperson ~
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ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 3960
Page 3
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. 3961 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 24th day of January, 2005.
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ELIZABETH A. BINSACK
Planning Commission Secretary