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HomeMy WebLinkAboutCC RES 97-085 1 RESOLUTION NO. 97~85 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RECERTIFYING FINAL ENVIRONMENTAL IMPACT 3 REPORT 85-2, AS MODIFIED BY ADDENDUM NO. 7 RELATED TO ZONE CHANGE 97-001, THE FOURTH AMENDMENT TO THE EAST 4 TUSTIN DEVELOPMENT AGREEMENT AND TENTATIVE TRACT MAP 14396 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY 5 ACT. 6 The City Council of the City of Tustin 'does hereby resolve as follows: 7 I. The City Council 'finds and determines as follows: 8 A. That an application has been filed by The Irvine 9 Company,°requesting approval of Zone Change 97-001, Amendments to the East Tustin Specific Plan, the 10 Fourth Amendment to the-East Tustin Development Agreement, Tentative Tract Map 14396, Design Review 11 96-054 and Hillside Review 96-002. 12 B. That an Initial Study was prepared during the review process which determined that no significant 13 environmental impacts beyond that previously considered would occur as a result of the proposed 14 project and that an addendum to Environmental Impact Report (EIR) 85-2 would be required for this 15 project. 16 C. That Addendum No. 7 to EIR 85-2 was prepared in compliance with Section 15164 of the California 17 Environmental Quality Act (CEQA). 18 D. That pursuant to CEQA, EIR 85-2 has previously been prepared and certified and adequately addresses the 19 general environmental setting of the project, significant environmental impacts, and the 20 alternatives and mitigation measures related to each significant environmental effect and that no 21 additional environmental impacts or mitigation- measures were identified in Addendum No. 7 to EIR 22 -85-2. 23 E. That Addendum No. 7 to EIR 85-2 prepared for the project addresses 0nly minor technical changes or 24 additions and none of the conditions described in Section 15162 of the CEQA Guidelines have occurred. 25 26 27 28 Resolution No..97-85 Page 2 t 2 3 II. The Irvine Company shall pay City,s defense costs (including attorneys, fees) and indemnify and hold City 4 harmless from and against any.claims, losses, liabilities or damages assessed or awarded against City by way of 5 judgement, settlement or stipul'ation (including awards for costs, attorneys' fees, and expert witness fees), 6 arising from actions.filed against the City challenging the City's approval of Addendum No. 7 to EIR 85-2. 7 III. The East Tustin Specific Plan Final Environmental Impact 8 Report 85-2, previously certified on. March 17, 1986, as modified by subsequentlyadopted supplements and addenda, 9 was considered prior to the City Council approval of this project. The City CoUncil hereby finds: this project is 10 within the scope of the East Tustin Specific. Plan previously approved, the effects of this project, related 11 to grading, drainage, circulation, public services and utilities, were examined in the Program EIR, particularly 12 in the traffic' analysis contained in the technical Appendices of said EIR, as modified by subsequently 13 approved supplements and addenda, and Addendum No~ 7 to EIR 85-2 addressing the proposed amendments incorporated 14 herein by reference. All feasible mitigation measures and alternatives developed in the 'Program EIR, are 15 therefore determined to be adequate to serve as a Program EIR for this.project~and satisfies allrequirements of 16 the California Environmental. Quality Act. 17 Applicable mitigation measures identified in the Final EIR have been incorporated into this project which 18 mitigates any potential significant environmeneal effects thereof. The+ mitigation measures as identified as 19 Conditions of Approval.related to the Fourth Amendment to the East Tustin Development Agreement, Tentative Tract 20 Map No. 14396, Design Review 96-054 ~nd Hillside Review 966002·. 21 ~' PASSED ANDADOPTED at a regular meeting of the Tustin City Council, held on the 18th day of August, 1997. 24 . HOMAS 25 2 7 PAF~L~ "S~df~R' CITY CLERK 28 City of Tustin RESOLUTION. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE' ) ss CITY OF TUSTIN ) RESOLUTION NO.. 97-85 Pamela.Stoker, 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 is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 18th day of August, 1997,'bythe following vote: COUNCILMEMBER AYES: Thomas, Saltarelli, 'Doyle, Potts COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: .- None- COUNCILMEMBER. ABSENT: Worley Pame~'Stbker,~