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Home My WebLink AboutPC RES 4496 Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE RESOLUTION NO. 4496 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPT ENVIRONMENTAL FINDINGS, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ERRATA FOR GENERAL PLAN AMENDMENT 2024-0001, ZONE CHANGE 2024-0001, AND CODE AMENDMENT 2024-0003 (HOUSING ELEMENT SITE 17 — ENDERLE CENTER) The Planning Commission of the City of Tustin 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 pursuant to Housing Element Program 1.1(b) and 1.1(f), the City is proposing an overlay zone ("overlay district") for the Enderle Center, Housing Element Site 17 ("Project Site"). Residential uses are currently not allowed on the Project Site. Upon approval of the Proposed Project, the Project Site could accommodate 413 units over approximately 7 acres of developable land within the existing 11.8-acre site. The anticipated development over 7 acres may take place on underutilized asphalt parking lot areas, and not require demolition of any existing buildings. Parking displaced as a result of redevelopment would be accommodated by vertical parking structures located within the proposed development. C. That pursuant to Housing Element Program 1.1(g), General Plan Amendment 2024-0001, Code Amendment 2024-0003, and Zone Change 2024-0002 were initiated by the City 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 and would to be consistent with State housing law. D. That the City proposes the following actions ("Proposed Project")- • GPA 2024-0001 — A request for a General Plan Amendment (GPA) to establish that higher density residential uses are allowed in the Planned Community Commercial/Business (PCCB) land use designation when prescribed by a Housing Overlay (HO) or a Specific Plan (SP); Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE Resolution No. 4496 Page 2 • CA 2024-0003 — A request to establish a Housing Overlay (HO) District (overlay zone) in conjunction with the Planned Community Commercial District (base zone); and • ZA 2024-0001 — A request to amend the City's zoning map to apply the Housing Overlay (HO) District to the Project Site. E. That pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.), the City of Tustin, as lead agency, determined that an Environmental Impact Report (EIR) should be prepared to analyze all potential adverse environmental impacts of the Project and corresponding General Plan Amendment, Code Amendment, and zone change, which together are referred to as the "Proposed Project." F. That the City sent a Notice of Preparation (NOP) of a Draft EIR to the Office of Planning and Research, responsible and trustee agencies, and other interested parties on or about February 15, 2024; and G. That the NOP was circulated for 30 days pursuant to State CEQA Guidelines sections 15082 and 15083, until March 20, 2024, to invite comments from responsible and trustee agencies, the public, and other interested parties regarding the scope of the EIR. H. That the City received written comments in response to the NOP, which assisted the City in the scope and analysis for the Draft EIR, and also held a series of public meetings and workshops regarding the scope of the Proposed Project. I. That the City received four (4) comments from interested parties and responsible and trustee agencies in response to the NOP. J. That on June 6, 2024, the City initiated the 45-day public review period on the Draft EIR 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 EIR (State Clearinghouse [SCH] No. 2024020747) for public review and comment. K. 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 ran from June 6, 2024 to July 22, 2024. L. That during the public review period, copies of the Draft EIR were provided online on the City's website, were available for public review in printed form at City Hall and the Tustin Library. M. That the City received written comments on the Draft EIR during the public review period for the Draft EIR. Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE Resolution No. 4496 Page 3 N. That following the close of the public comment period and after review of the comments received on the Draft EIR, the City prepared a Final EIR, consisting of comments received on the Draft EIR, written responses to those comments, and revisions and errata to the Draft EIR. For purposes of this Resolution, the EIR shall refer to the Draft EIR, including all technical studies and appendices to the Draft EIR, as revised by the Final EIR's errata section, together with the other sections of the Final EIR, including all the technical studies and appendices to the Final EIR, and the Errata to the Final EIR. The Draft EIR, the Final EIR, and all technical studies and appendices to the Final EIR are hereby incorporated herein by reference to this Resolution and are on file with the City Clerk. The Errata to the Final EIR, which is attached hereto as Exhibit 6C of Attachment 6 and incorporated herein, reflects changes made to mitigation measures and text within the EIR sections. O. That the Findings of Fact and Statement of Overriding Considerations, attached hereto as Exhibit 6C of Attachment 6, and incorporated herein, set forth the environmental impacts identified in the Final EIR that the City finds are less than significant and do not require mitigation, the environmental impacts identified in the Final EIR 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 EIR 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 Proposed Project, the significant and irreversible environmental changes that would result from the Proposed Project, but which would be mitigated, the existence of any growth-inducing impacts resulting from the Proposed Project identified in the Final EIR, and a statement supporting the Proposed Project notwithstanding the potentially significant environmental impacts which could not feasibly be mitigated. P. That alternatives to the Proposed Project that might eliminate or reduce significant environmental impacts are described in Exhibit 6C of Attachment 6, Statement of Overriding Considerations, pursuant to CEQA, attached hereto and incorporated herein by this reference. Q. That the City has endeavored in good faith to set forth the basis for its decision on the Proposed Project in the Findings of Fact as well as to explain why the benefits of the Proposed Project outweigh the environmental impacts the EIR determines are significant and unavoidable. R. That all of the requirements of CEQA and the State CEQA Guidelines have been satisfied by the City of Tustin in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Proposed Project have been adequately evaluated. Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE Resolution No. 4496 Page 4 S. That the EIR prepared in connection with the Proposed Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Proposed 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. T. That on September 13, 2024, the Planning Commission public hearing was posted at designated City boards and published in the Tustin News. U. 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; and V. That a public hearing was duly called, noticed, and held on said application on October 8, 20247 by the Planning Commission; and W. 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 EIR, and all oral and written evidence presented to it during all meetings and hearings, all of which are incorporated herein by reference. X. 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. Y. That all other legal prerequisites to the adoption of the Resolution have occurred. II. The Proposed Project would have significant and unavoidable impacts related to the following environmental issue areas: air quality and greenhouse gas emissions. III. 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 6C of Attachment 6, and incorporated herein by reference as is fully set forth herein. IV. Certification of Final EIR. In accordance with State CEQA Guidelines Section 15090, the Planning Commission recommends the Tustin City Council certify that: • The Final EIR 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 6A of Attachment Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE Resolution No. 4496 Page 5 6 and incorporated herein by reference as is fully set forth herein, includes all the environmental impacts of the Proposed Project and mitigation measures; • The Planning Commission and City Council have been presented with and have reviewed and considered the information contained in the EIR, prior to the Tustin City Council approving the Proposed 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 EIR that would require recirculation, which is further set forth in the Findings (Exhibit 6C of Attachment 6), 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 Proposed Project. VI I. 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 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 EIR and adoption of the Findings of Fact, Statement of Overriding Considerations, and Errata for GPA 2024- 00017 CA 2024-0003, ZC 2024-0001. Signed by: 0 D148F2601EF34A4... ERIC HIGUCHI Signed by: Chairperson E u,�,r.u, ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE Resolution No. 4496 Page 6 APPROVED AS TO FORM: ESigned by: VA&A E946B 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. 4496 was duly 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 tABSENT: ESigned by: ot. o &ow 45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary