HomeMy WebLinkAboutPC RES 4494 Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE
RESOLUTION NO. 4494
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING
THAT THE CITY COUNCIL CERTIFY SUPPLEMENTAL #3
TO THE FINAL ENVIRONMENTAL IMPACT STATEMENT/
ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL
AND REUSE OF MCAS TUSTIN ("FEIS/EIR") AND ADOPT
ENVIRONMENTAL FINDINGS, A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ERRATA FOR
SPECIFIC PLAN AMENDMENT 2024-0002 TO IMPLEMENT
THE HOUSING IMPLEMENTATION PROGRAM OF THE
6TH CYCLE 2021-2029 HOUSING ELEMENT OF THE
GENERAL PLAN — HOUSING ELEMENT SITES 1A, 113,
AND 2 (TUSTIN LEGACY).
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That the City's 2021-2029 6th Cycle Housing Element of the General
Plan (Housing Element) was certified by the California Department
of Housing and Community Development in October 2022. The
Housing Element contains the goals and policies the City intends to
implement to address several housing-related issues.
B. That the Housing Element sets forth a Housing Implementation
Program that provides for specific actions the City intends to
undertake to achieve the goals and policies of the Housing Element.
C. That pursuant to Housing Element Program 1 .1(a) and 1 .1(b), the
City is proposing to allow for additional high density residential
development on three sites in the Tustin Legacy Specific Plan
(TLSP), Housing Element Sites 1A, 1 B, and 2 (Modified Project site),
with a minimum density of 20 units per acre (du/acre) on the selected
sites with no maximum density prescribed. Amendment to the TLSP
would to be consistent with existing State housing law, including the
provision for State density bonus.
D. That pursuant to Housing Element Program 1 .1(g), Specific Plan
Amendment 2024-0002 was initiated by the City to amend the Tustin
Legacy Specific Plan (TLSP; SP-1) to allow residential use by right
for housing developments in which at least 20 percent of the units
are affordable to lower income households pursuant to Government
Code Section 65583.2 provisions. Amendment to the TLSP would to
be consistent with State housing law.
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E. That upon approval of the Modified Project, the proposed "upzoning,"
or "cap" increase, would add 855 residential units to the existing
residential capacity of the Modified Project site (Neighborhoods D
North, D South and G). The capacity increase would also include
1 ,356 buffer units that were assigned in the City's Housing Element
and are intended to make up for any potential units that are not
developed as assumed under the Housing Element on other housing
sites. Thus, a total of 2,211 units have been added to the existing
residential cap of the TLSP within Neighborhoods D North, D South
and G.
F. That the provision for State density bonus is applicable to the TLSP
area. Therefore, an additional 2,759 units have been conservatively
included in this analysis to anticipate the potential application of
density bonuses in future residential development projects.
G. That the City proposes the following actions (Modified Project):
• SPA 2024-0002 — A request for a Specific Plan Amendment
(SPA) to amend Neighborhood D South, D North, and G to
increase the allowed residential capacity, to be consistent with
the certified Housing Element.
H. That on January 16, 2001, the City of Tustin certified the program
Final Environmental Impact Statement/Environmental Impact Report
(FEIS/EIR) for the reuse and disposal of MCAS Tustin. On
December 6, 2004, the City Council adopted Resolution No. 04-76
approving a Supplement #1 to the FEIS/EIR for the extension of
Tustin Ranch Road between Walnut Avenue and the future
alignment of Valencia north loop road. On April 3, 2006, the City
Council adopted Resolution No. 06-43 approving an Addendum to
the FEIS/EIR and, on May 13, 2013, the City Council adopted
Resolution No. 13-32 approving a second Addendum to the
FEIS/EIR. On July 5, 2017, the City Council adopted Resolution No.
17-23 approving a Supplement #2 to the FEIS/EIR to facilitate the
development, conveyance, and implementation of the Tustin Legacy
New Vision Concept. The FEIS/EIR, along with its Addenda and
Supplement, is a program EIR under the California Environmental
Quality Act (CEQA). The FEIS/EIR, Addenda and Supplement
considered the potential environmental impacts associated with
development on the former Marine Corps Air Station (MCAS), Tustin.
I. That the City determined that a Supplemental EIR pursuant to CEQA
Guidelines Sections 15162 and 15163 is required for the Modified
Project, circulated a Notice of Preparation (NOP) and held an EIR
scoping meeting on March 20, 2024, to determine the scope of the
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environmental issues to be addressed in the Draft Supplemental
Environmental Impact Report #3 (DSEIR). Comments received
during the 30-day public review period, from March 5, 2024, to April
3, 2024, are included in the DSEIR as Appendix A of the DSEIR.
J. That the DSEIR for SPA-2024-0002 analyzed impacts to ten
environmental topical areas: air quality, energy, greenhouse gas
emissions, land use and planning, noise, population and housing,
public services, transportation, tribal cultural resources, and utilities
and service systems.
K. That on June 27, 2024, the City issued a Notice of
Availability/Completion of the DSEIR and provided the public with 45
days review period beginning on June 28, 2024, and ending on
August 12, 2024.
L. On September 13, 2024, Final Supplemental Environmental Impact
Report#3 (FSEIR)was released for public review and comment. The
Final SEIR provides the required written responses to each comment
received on the DSEIR pursuant to CEQA. On September 13, 2024,
the responses to comments were distributed to those persons or
agencies that commented on the DSEIR.
M. That the program FEIS/EIR for MCAS Tustin along with its
Supplemental and Addenda are incorporated herein by reference.
N. In accordance with Section 15132 of the State CEQA Guidelines,
FSEIR consists of the following which are incorporated herein by
reference:
1 . The Draft Supplemental Environmental Impact Report (DSEIR)
or a revision of the Draft;
2. Comments and recommendations received on the DSEIR;
3. A list of persons, organizations, and public agencies comments
on the DSEIR;
4. The responses to significant environmental points raised in the
review and consultation process.
O. That the Planning Commission has considered the FSEIR, prior to
making recommendation to the City Council on SPA-2024-0002.
P. That SPA-2024-0002 constitutes a "project" that is subject to the
terms of the California Environmental Quality Act ("CEQA") (Pub.
Resources Code §21000 et. seq.).
Q. That on June 27, 2024, the City initiated the 45-day public review period
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on the Draft SEIR by filing a Notice of Availability with the State Office
of Planning and Research, publishing the Notice in the Tustin News, and
releasing the Draft SEIR (State Clearinghouse [SCH] No. 1994071005)
for public review and comment.
R. That pursuant to State CEQA Guidelines, Section 15086, the City
consulted with and requested comments from all responsible and
trustee agencies, other regulatory agencies, and other interested parties
during the 45-day comment period, which spanned from June 28, 2024
to August 12, 2024.
S. That during the public review period, copies of the Draft SEIR were
provided online on the City's website, were available for public review in
printed form at City Hall and the Tustin Library.
T. That the City received seven (7) written comments on the Draft SEIR
during the public review period for the Draft EIR.
U. That following the close of the public comment period and after review
of the comments received on the Draft SEIR, the City prepared a Final
SEIR, consisting of comments received on the Draft SEIR, written
responses to those comments, and revisions and errata to the Draft
SEIR. For purposes of this Resolution, the SEIR shall refer to the Draft
SEIR, including all technical studies and appendices to the Draft SEIR,
as revised by the Final SEIR's errata section, together with the other
sections of the Final SEIR, including all the technical studies and
appendices to the Final SEIR, and the Errata to the Final SEIR. The
Draft SEIR, the Final SEIR, and all technical studies and appendices to
the Final SEIR are hereby incorporated herein by reference to this
Resolution and are on file with the City Clerk. The Errata to the Final
SEIR, which is attached hereto as Exhibit 3A and incorporated herein,
reflects changes made to mitigation measures and text within the SEIR
sections.
V. That the Findings of Fact and Statement of Overriding Considerations,
attached hereto as Exhibit 3C, and incorporated herein, set forth the
environmental impacts identified in the Final SEIR that the City finds are
less than significant and do not require mitigation, the environmental
impacts identified in the Final SEIR as potentially significant but which
the City finds can be mitigated to a less than significant level through the
implementation of all feasible mitigation measures, the environmental
impacts identified in the Final SEIR as potentially significant but which
the City finds cannot be fully mitigated to a less than significant level
despite the imposition of all feasible mitigation measures, the cumulative
environmental impacts resulting from the Modified Project, the
significant and irreversible environmental changes that would result from
the Modified Project, but which would be mitigated, the existence of any
growth-inducing impacts resulting from the Modified Project identified in
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the Final SEIR, and a statement supporting the Modified Project
notwithstanding the potentially significant environmental impacts which
could not feasibly be mitigated.
W. That alternatives to the Modified Project that might eliminate or reduce
significant environmental impacts are described in Exhibit 3C, Finding of
Fact and Statement of Overriding Considerations, pursuant to CEQA,
attached hereto and incorporated herein by this reference.
X. That the City has endeavored in good faith to set forth the basis for its
decision on the Modified Project in the Findings of Fact as well as to explain
why the benefits of the Modified Project outweigh the environmental impacts
the SEIR determines are significant and unavoidable.
Y. That all of the requirements of CEQA and the State CEQA Guidelines have
been satisfied by the City of Tustin in the SEIR, which is sufficiently detailed
so that all of the potentially significant environmental effects of the Modified
Project have been adequately evaluated.
Z. That the SEIR prepared in connection with the Modified Project sufficiently
analyzes both the feasible mitigation measures necessary to avoid or
substantially lessen the Modified Project's potential environmental impacts
and a range of feasible alternatives capable of eliminating or reducing these
effects in accordance with CEQA and the State CEQA Guidelines.
AA. That a public hearing was duly called, noticed, and held on said application
on September 24, 2024, by the Planning Commission. At that time, the
Planning Commission continued the public hearing to October 8, 2024.
BB. That a public hearing was duly called, noticed, and held on said application
on October 8, 2024, by the Planning Commission.
CC. That on October 8, 2024, the Planning Commission was presented with,
reviewed, and considered all the information and data in the administrative
record, including the Final SEIR, and all oral and written evidence presented
to it during all meetings and hearings, all of which are incorporated herein
by reference.
DD. That the City has not received any comments or additional information that
produced substantial new information requiring recirculation or additional
environmental review under Public Resources Code Sections 21166 and
21092.1 or State CEQA Guidelines Section 15088.5.
EE. That all other legal prerequisites to the adoption of the Resolution have
occurred.
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11. The Modified Project would have significant and unavoidable impacts related to
the following environmental issue areas: air quality and greenhouse gas
emissions.
111. Findings of Fact and Statement of Overriding Considerations. In accordance with
State CEQA Guidelines Sections 15091 , 15092, and 15093, the Planning
Commission recommends the Tustin City Council adopt the CEQA Findings of
Fact and the Statement of Overriding Considerations pursuant to CEQA,
attached hereto as Exhibit 3C, and incorporated herein by reference as is fully
set forth herein.
IV. Certification of Final SEIR. In accordance with State CEQA Guidelines Section
15090, the Planning Commission recommends the Tustin City Council certify
that:
• The Final SEIR is an accurate and objective statement that has been
completed in compliance with CEQA and the State CEQA Guidelines, and
that together with the errata, attached hereto as Exhibit 3A and incorporated
herein by reference as is fully set forth herein, includes all the environmental
impacts of the Modified Project and mitigation measures;
• The Planning Commission and City Council have been presented with and
have reviewed and considered the information contained in the SEIR, prior
to the Tustin City Council approving the Modified Project; and
• The EIR reflects the City Council's independent judgment and analysis.
V. Recirculation Not Required. The Planning Commission recommends that the
Tustin City Council declare that the City has not received evidence of new
significant impacts, as defined by the State CEQA Guidelines, Section 15088.5,
after circulation of the Draft SEIR that would require recirculation, which is further
set forth in the Findings (Exhibit 3C), nor have any of the conditions requiring a
subsequent or supplemental EIR listed in Public Resources Code Section 21166
occurred.
VI. Notice of Determination. The Planning Commission recommends that the Tustin
City Council direct staff to file a Notice of Determination with the Orange County
Clerk Recorder within five (5) working days of final approval of the Modified
Project.
VI1. If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Resolution is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, then such decision shall not affect
the validity of the remaining portions of this Resolution. The Planning
Commission of the City of Tustin hereby declares that the Planning Commission
would have adopted this Resolution, and each section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone
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or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared unconstitutional, invalid, or ineffective.
NOW, THEREFORE, based on the above findings, the Planning Commission of the City of
Tustin does hereby recommend City Council certification of the Final SEIR and adoption of
the Findings of Fact, Statement of Overriding Considerations, and Errata for SPA 2024-
0002.
Signed by:
C/
D148F2601EF34A4...
ERIC HIGUCHI
'---Signed by: Chairperson
ED45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary
APPROVED AS TO FORM:
-�-AS ig'nlel dAby:'
�---343ADCC695E946B...
MICHAEL DAUDT
Assistant City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4494 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 8th day of October
2024.
PLANNING COMMISSIONER AYES: HIGUCHI, KOZAK, MASON, MELLO (4)
PLANNING COMMISSIONER NOES: DOUTHIT (1)
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ESigned by:
54A5
JUSTINA L. WILLKOM
Planning Commission Secretary