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HomeMy WebLinkAboutCC RES 97-058 1 RESOLUTION NO. 97-58 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 N0. 6 RELATED TO GENERAL PLAN AMENDMENT 96-003, ZONE CHANGE 96-003, 4 THIRD AMENDMENT OF THE TUSTIN DEVELOPMENT AGREEMENT VESTING TENTATIVE TRACT MAP 15380 AND DESIGN REVIEW 96- 5 050 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 6 The City Council of the ~ity of Tustin does hereby resolve as 7 follows: 8 I. The City Council finds and determines as follows: 9 A. That an application has been 'filed by the Irvine Company, requesting approval of General-Plan 10 Amendment 96-003, Zone Change 96-003, Amendments to the East Tustin Specific Plan, and Third 11 Amendment to the East Tustin Development Agreement. In addition, an application has been 12 filed by Richmond American Homes requesting approval of Vesting Tentative Tract Map No. 15380 13 and Design Review 96-50. 14 B. That an Initial Study was prepared during the review process which determined that no 15 significant environmental impacts beyond that previously considered would occur as a result of 16 the propo'sed project and that an addendum to Environmental Impact Report (EIR) 85-2 would be 17 required for this project. 18 C. That Addendum No. 6 to EIR 85-2 was prepared in compliance with Section 15164 of the California 19 Environmental Quality Act (CEQA). 20 D. That pursuant to CEQA, EIR 85-2 has previously' been prepared and certified and adequately 21 addresses the general environmental setting of the project, significant environmental impacts, and 22 the alternatives and mitigation measures related to each significant environmental effect and that 23 no additional environmental impacts or mitigation measures were identified in Addendum No. 6 to EIR 24 85-2. 25 E. That Addendum No.6 to EIR 85-2 prepared for the project addresses only minor technical changes or 26 additions and none of the conditions described in Section 15162 of the CEQA Guidelines have 27 occurred. 28 Resolution No. 97-58 Page 2 1 2 3 tI. 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 5 by way of judgement, settlement or stipulation (including awards for costs, attorneys' fees, and 6 expert witness fees), arising from actions filed against the' City-challenging the City's approval of 7 Addendum No. 6 to EIR 85-2. 8 III. The East Tustin Specific Plan Final Environmental Impact Report (85-2), previously certified on March 17, 9 1986, as modified by subsequently adopted supplements and addenda, was considered prior to the City Council 10 approval of this project. The City Council hereby finds: this project is within the scope of the East 11 Tustin Specific Plan previously approved, the effects of this project, related to grading, drainage, 12 circulation, public services and utilities, were examined in the Program EIR, particularly in the 13 traffic analysis contained in the technical Appendices of said EIR, as modified by subsequently approved 14 supplements and addenda, and Addendum No. 6 to EIR 85-2 addressing the proposed amendments incorporated herein 15 by-reference° All feasible mitigation measures and alternatives developed in the Program EIR, are 16 therefore determined to be adequate to serve as a Program EIR for this project and satisfies all 17 requirements of the California Environmental Quality Act. 18 Applicable mitigation measures identified in the Final 19 EIR have been incorporated into this project which mitigates any potentially significant environmental 20 effects thereof. The mitigation measures are identified as Conditions of Approval related to the 21 Third Amendmenn to the East Tustin Development Agreement, Vesting Tentative Tract Map No. 15380 and 22 Design Review 96-050. 23 PASSED AND ADOPTED by the City Council of the City of Tustin, at 24 a regular meeting on the 21st day of July, 1997. ~yy~ 25 THOMAS 26 27 ~ELA ~OKE~ CITY CLERK 28 Resolution No. 97-58 Page 3 1 2 STATE OF CALIFORNIA ) 3 COUNTY OF ORANGE ) SS CITY 'OFTUSTIN ) 4 5 CERTIFICATION FOR RESOLUTION NO. 97-58 6 PAMELA STOKER, City Clerk and ex-officio Clerk' of the City Council of the City of Tustin, California, does hereby-certify 7 that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution 8 No. 97-58 was duly adopted at a regular meeting of the Tustin City Council, held on the 21st day of July, 1997. 9 COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley 10 COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED:None 11 COUNCILMEMBERABSENT: None 13 PA~4ELA STOKER ~ \' V CITY CLERK '14 15 16 17 18 19 20 21 22 23 24 25 26 27 28