HomeMy WebLinkAboutCC RES 88-12610
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RESOLUTION NO. 88-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, FINDING THAT THE ENVIRONMENTAL IMPACT REPORT
(EIR 88-02) PREPARED IN CONJUNCTION WITH THE SECOND
AMENDMENT TO THE TOWN CENTER REDEVELOPMENT PROJECT IS
RECOGNIZED AS ADEQUATE WITH THE INCORPORATION OF ALL
RESPONSES TO COMMENTS AND CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT 88-02.
The Ctty Council of the City of Tusttn does hereby resolve as follows:
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The City Council finds and determines:
A®
As part of the implementation of the City of Tustin'$ General
Plan, the Town Center Redevelopment Project {as amended) and
State Law, the Second Amendment to the Town Center Redevelopment
project (hereinafter "project") has been proposed; and
B ·
Ce
It is the policy of the State of California and the City of
Tustin, in accordance with the provisions of the California
Environmental Quality Act of 1970 (hereinafter "CEQA"), as
amended (Public Resources Code, Section 21000 etI seq.), and the
State Guidelines for Implementation of CEQA, as amended
(California Administrative Code, Section 15000 et seq.) that the
City shall not approve a project unless there is no feasible way
to lessen or avoid significant effects; meaning all impacts have
been avoided to the extent feasible or substantially lessened'
and any remaining unavoidable significant impacts are acceptable
based on CEQA, Section 15093; and
An Environmental Impact Report (hereinafter referred to as
"EIR") was determinedI to be necessary due to the potential
effects identified in an initial study prepared for the project;
and
An EIR has been prepared and circulated to interested pubic and
private agencies with a solicitation of comments and evaluation,
pursuant to the requirements of CEQA; and
E®
A public hearing was duly called,
EIR on August 29, 1988; and
noticed and held on the Draft
F®
The
do cumenta ti on
consl ders al 1
the proposed
responses to
of CEQA, and
and
City Council has read and considered all environmental
comprising the EIR, has found that the EIR
potentially significant environmental impacts of
project, is adequate with inclusion of all
comments, and fully compl les with al 1 requirements
the State guidelines for implementation of CEQA;
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Resolution No.
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88-126
II.
III.
IV.
Ge
He
The California Environmental Quality Act and the State CEQA
Guidelines provide that no public agency shall approve or carry
out a project for which an EIR has been completed and which
identifies one or more significant effects of the project unless
the public agency makes written findings for each of thc
significant effects, accompanied by a statement of fact.<I
supporting each finding; and
The City Council has considered all significant impacts,
mitigation measures, and project alternatives identified in the
EIR, has found that all potentially significant impacts of the
project have been avoided or lessened to a level of
non-si gni fi cance; and
The City Counctl of the City of Tustin
88-02 in its entirety wi th "Responses to
complete and certifies Final Environmental
does hereby find that
Comments" is adequate
Impact Report 88-02.
EIR
and
The City Council hereby finds that changes have been required in, or
incorporated into, the project which will mitigate or avoid the
potentially significant adverse effects identified in the Final EIR
as specifically itemized in Exhibit A, CEQA Findings and Statement of
Facts. All mitigation measures contained in Final EIR 88-02 are
hereby adopted and shall be incorporated as conditions of approval at.
subsequent discretionary actions at the appropriate level of project
imp 1 eme nra ti on.
The City Council hereby adopts the CEQA Findings and Statement
Facts attached as Exhibit A and incorporated herein by reference.
of
PASSED, ADOPTED AND APPROVED by the City Council
California, at a regularly adjourned meeting on the 5th day of December,
1988.
of the City of Tustin
5th day of December_,
URSULA E KENNEDY /i
Mayor ' (~
Mary~ 0
City C1
EXHIBIT A
CEQA FINDINGS AND STATEMENT OF FACTS
BACKGROUND
......
The California Environmental Quality Act (CEQA) and the State CEQA
( Gui del i nes ) provi de'
Guidelines
"No public agency shall approve or carry out a project for which an
EIR has been completed which identifies one or more significant
environmental ~ffects of the project unless the public agency makes
one or more written findings for each of those significant effects,
accompanied by a brief explanation of the rationale for each
finding. The possible findings are:
(1)
Changes .or alterations have been required in, or
incorporated into, the project which avoid or
substantial ly lessen the significant environmental
effect as identified in the final EIR.
(2)
Such changes or alterations are within the
responsl bi 1 i ty and juri sdi ction of another publ i c
agency and not the agency making the finding.
Such changes have been" adopted by such other
agency or can and should be adopted by such other
agency.
(3)
Specific economic, social, or other considerations
make ilnfeasible the mitigation measures or project
alternatives identified in the final EIR.
(b) The findings required by subsection (a) shall be supported by
substantial evidence in the record." (CEQA Section 15091).
Attached is a Statement of Facts in Support of Findings for Significant Impacts of
the Project Found to be Mitigatable to a Level of Non-Significance.
Page two
FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICANT
~-ENg):RONMENTAL EFFECTS---OF-?HE-PRO'IECT: EFFECTS-FOUND-TO-
BE"IqITIbAT)U~'LE TO A Li~/EL OF NON:SiGNX~-XCANCE:--'---
LAND USE
· .
ImDa_c_t~s. Development of the proposed Civic Center and post office could create
land use impacts. During the time of the Civic Center Expansion, City Hall
employees would have to be relocated. The post office expansion may require
additional parking and the proposed parking structure f,or the City Hall expansion
could affect the privacy of adjacent residential units.
Findings. Use of existing facilities for City Hall activities and use of proper
site and structural design techniques have been included as project mitigation to
lessen land use effects to a level of non-significance. The following mitigation
measures shall be incorporated into the project as mi ti ga ti on of the identified
impacts'
1. The City employees shall be temporarily relocated in an area or'the City where
no significant environmental effects such as noise or traffic would be
generated by the relocati on.
2. The Post Office shall provide adequate on-site parking.
3. The proposed parking garage at the Civic Center shall minimize views to
adjacent residences through landscaping or structural design.
T RANS PO RTAT I ON/C I RCU LAT I ON
_
~Iml~acts. Development of the proposed Senior Citizen's Center, gymnasium at
Columbus Tustin Park and the expansion of City Hall and Police Department would
result in generation of 1,680 ADT, of which 150 ADT would occur during the evening
peak hour.
Fin~d?_ng_s. Use of appropriate site and access design and periodic review of traffic
operations in the City have been required in the following mitigation measures to
reduce the impacts to a level of non-significance.
1. Columbus Tustin Park - The driveway to Prospect Avenue should be located with
at least a 0300-foot off-set to Beneta Way and a 300-foot off-set to Westbury
Lane, if possible.
2. Driveways to each development should be curb-return type with at least a 25
foot radius.
3. Driveways should be at least 28 feet wi de, and preferably 30 to 35 feet wi de,
so that an entering vehicle does not interfere with an exiting vehicle.
Page three
Narrower driveways lead to conflict between entering and exiting vehicles,
causing one to stop and wait for the other.
4. The first parking stall which is perpendicular to a driveway, or first aisle
. juncture, should be at least 40 feet back from the curb. The reason for this
recommendation is to provide a queueing area off street so that if a vehicle
is parking or unparking in the stall nearest the street, there is room for at
least one vehicle to queue while waiting for the other vehicle to park.
Without this provision, vehicles will queue into the street.
5. To provide for sufficient site access and yet minimize the number of required
access locations, joint site access with adjacent sites should be encouraged
in the planning of site development.
6. Circulation within the parking area should allow relatively free flow of
vehicular traffic with no constrictions.
7. The aisles should be placed in such a way that it is easy to reach any
destination within the site after entering any driveway.
8. Landscape plantings and signs should be llmtted in height in the vicinity of
project driveways tO assure good visibility.
9. Once the development sites are constructed, the City should periodl,cally
review traffic operations in the vicinity of each development and take
appropriate actions (e.g., turn/access control) to assure that the traffic
operations are satisfactory.
NOISE
I_mpa~c%~s. The largest increase in traffic noise from project implementation will be
~.56dB CNEL along Centennial Way. This increase is not considered significant
because noise levels must increase by 1.0dB CNEL before they can be detected by the
human ear. However, noise levels will temporarily increase due to construction
activities.
Ftndlng_s. All construction activities will be required to follow the measures
required by the Tustin Noise Ordinance which specifies hours of operation for
construction activities which reduce the impact to a level of non-significance.
This measure requires'
1. Construction activities should be limited to 7-00 a.m. to 7'00 p.m., Monday
through Friday unless special circumstances warrant weekend work as determined
by .the provisions of the City' s Noi se Ordinance.
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AIR QUALITY
I_m)~a_cts. Development of the proposed public facilities will result in short term
~USt and construction equipment emissions during construction phases. The proposed
project developments will generate 0.068 tons of carbon monoxide, 0.009 tons of
total organic gases and 0.017 tons of nitrogen oxides per day from mobile plus
stationary emissions sources.
F~n_d~n~_s. It is recommended by SCAQMD that the following mitigation measures be
incorporated into the project to reduce short and long term {operational) impacts
as$olciated with the individual developments which will reduce the affects to a
level of non-significance'
1. Fugitive dust shall be controlled by regular watering, paving construction
roads or other dust palliative measures to meet District Rule 403.
Equipment engines shall be in proper tune.
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Construction activities shall be phased and scheduled to level emission peaks.
4. Provide for convenient access to transit stops. Orient project for transit
convenience and accessibility.
Be
Provide for easy pedestrian access.
6. Include transit improvements in the project design, such as bus shelters,
benches and bus pockets in the streets.
PUBLIC SERVICES AND UTILITIES
_Impacts. Various impacts to public services and utilities may arise from
construction activities and operation of the proposed individual developments.
Construction related activities may result in impacts to public safety. The
individual developments will increase demand for fire protection, water, waste
water disposal facilities, and impact the facilities in Peppertree Park.
_F~in_di_ngs. Use of construction equipment such as fencing and traffic control can
reduce public safety impacts to a level of non-significance. The use of fire
sprinklers in buildings reduces impacts to the Fire Department to a level of
non-significance. Relocation of a tot-lot and sheltered picnic area in Peppertree
Park will reduce the impacts to a level of non-significance. The incorporation of
the following mitigation measures will meet the requirements as specified in the
EIR-
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Public Safety Measures'
a. Fence improvement sites during construction.
Page five
®
be
Provlde security
non-worki ng hours.
on construction
sites,
where necessary, durlng
Ce
Provide proper traffic control and flow
improvements.
durlng street and water system
Fi re Department'
Automatic fire sprinkler systems shall
structures as required in the City Code.
be installed in all proposed
Parks and Recreation'
Be
The City shall relocate the
i nlpeppertree Park so that
softball field would not be
would be mi nimal ly affected.
existing tot-lot and sheltered picnic areas
after project implementation, the remaining
affected and the existing open play areas
SOCIOECONOMICS
i i ii , ~ ! i
Impacts. The proposed project would extend the Redevelopment Agency's eminent
domain authority for 12 years. The Agency estimates that as much as three {3)
acres may be assembled using the eminent domain authority. However, the Agency
could use its eminent domain authority to assemble more than three {3) acres, if
needed in the future.
F_inding~s. Use of relocation assistance for residents and businesses is required by
State Law. Use of the mitigation measures listed below would reduce this impact to
a level of non-significance-
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The Redevelopment Agency shall provide relocation
displaced by the proposed project in accordance with
Relocation assistance provisions include'
asslstance to persons
State Redevelopment Law.
a®
No persons or families of low or moderate-income shall be displaced
unless and until there are suitable housing units available and ready for
occupancy by such displaced persons or families at rents comparable to
those at the time of their displacement. The housing units shall be
suitable to the needs of the displaced persons or families and must be
decent, safe, sanitary and otherwise standard dwellings. The
Redevelopment Agency shall not disPlace persons or families until housing
units are available and ready for occupancy.
be
Whenever all or any portion of a redevelopment project is developed with
l~ or moderate-income housing units, the Redevelopment Agoncy shall
require by contract or other appropriate mans that housing be made
available for rent or purchase to the persons and families of lo~ or
Page six
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moderate-income displaced by the redevelopment project. The persons and
families shall be given priority in renting or buying this housing;
provided, however, failure to give this priority shall not affect the
validity of title to real property. If insufficient suitable housing
units are available in the community for.low and moderate-income persons
and families to be displaced from a redevelopment project area, the
legislative body shall assure that sufficient' land be made available for
suitable housing for rental or purchase by low and moderate-income
persons and families. If insufficient suitable housing units are
available in the community for use by the persons and families of low and
moderate-income displaced by the redevelopment project, the Redevelopment
Agency may, to the extent of that deficiency, direct or cause the
development, rehabilitation or construction of housing units within the
community, both inside and outside of the redevelopment project area.
Ce
Permanent housing facilities shall be made available within three years
from the time occupants are displaced and that pending the development of
the facilities, adequate temporary housing facilities at rents comparable
to those in the community at the time of their displacement shall be
available to the displaced occupants.
de
Whenever dwelling units housing persons and families of low or
moderate-income are destroyed or removed from the low and moderate-income
housing market as part of a redevelopment project, the Agency shall,
within four years of the destruction or removal, rehabilitate, develop,
or construct, or cause to be rehabilitated, developed, or constructed,
for rental or sale to persons and families of low or moderate-income, an
equal number of replacement dwelling units at affordable housing cost
within the territorial juri sdi ction of the agency.
The Redevelopment Agency shall provide relocation assistance to
displaced by the proposed project in accordance with State Laws.
assistance provisions include'
businesses
Relocation
a~
Business owners and tenants that are displaced by the proposed project
shall receive monetary and advisory relocation assistance consistent with
the California Relocation Assistance Law.
b~
Owners and business occupants within the project area who are displaced
by the proposed project and who desire to continue to own land in the
project area or re-enter into business in the project area shall be
extended a reasonable preference to relocate into substitute locations in
the project area at the time when the Redevelopment Agency is able to
provide available locations. These preference provisions to owners and
business occupants within the project are shall be in accordance with the
"Rules Governing Participation and Preferences by Property Owners and
Business Occupants in the Town Center Area Redevelopment Project."
Page seven
c. The Redevelopment Agency shall permlt owners and business occupants In
the project area to parttclpate tn the redevelopment of thelr property.
d. If owners of land that Is proposed for redevelopment do not ~ant to
partlclpate tn the redevelopment of thetr land and other participating
o~ners or prtvate partles do not purchase thetr land, the Redevelopment
Agency shall purchase thls land at fair market value.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, 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. 88-126 was duly and regularly introduced, passed and adopted at a
regular meeting-~ ~h-e City Council held on the Sth day of December', '1988, 'by the
following vote'
AYES : COUNCILPERSONS: Kennedy, Edgar, Hoesterey
NOES : COUNCILPERSONS: Kelly
ABSTAINED: COUNCILPERSONS: Prescott
ABSENT: COUNCILPERSONS: None
M~RY E. ~NN, Cit~\ Clerk -
City of lq~stin, C~ifornia