HomeMy WebLinkAboutPC RES 4500 Docusign Envelope ID: D298E5AC-C305-41AE-AB96-B6A8EACA32CE
RESOLUTION NO. 4500
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN, CALIFORNIA,
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 AND SPECIFIC
PLAN AMENDMENT 2024-0001 TO IMPLEMENT
THE HOUSING IMPLEMENTATION PROGRAM OF
THE 6T" CYCLE 2021-2029 HOUSING ELEMENT OF
THE GENERAL PLAN — HOUSING ELEMENT SITE
18 — THE MARKET PLACE
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 programs 1.1b and 1.1f, Specific
Plan Amendment 2024-0001 was initiated by the City to amend the
East Tustin Specific Plan (ETSP; SP-8) to create a new High Density
Residential (HDR) land use category and apply the HDR zone to 18
acres of existing surface parking in the Tustin Market Place Shopping
Center. The project site is approximately 18 acres of developable
land located in Sector 12 of the ETSP and is inclusive of APNs 500-
291-067 -077 -117 -12, and -25 and 500-312-03 and -10 in the parking
lot of the existing 76.9-acre shopping center (The Market Place).
D. That pursuant to Housing Element Program 1.1(g), Specific Plan
Amendment 2024-0001 was initiated by the City to amend the East
Tustin Specific Plan (ETSP; SP-8)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
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Code Section 65583.2 provisions. Amendment to the ETSP would
be consistent with State housing law.
E. That the proposed SPA 2024-0001 would allow for residential use
only on the project site, with a minimum density of 20 dwelling units
per acre (du/acre). The new High Density Residential land use
designation would allow for up to 900 dwelling units on the project
site with no maximum density prescribed.
F. That the City proposes the following actions (Proposed Project):
• General Plan Amendment (GPA) 2024-0001 —A request for a
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); and
• Specific Plan Amendment (SPA) 2024-0001 —A request for a
SPA to identify High Density Residential (HDR) as a new
residential density category available within the ETSP and
designate 18 acres of existing surface parking in the Tustin
Market Place Shopping Center as High Density Residential
(HDR) Land Use designation of the ETSP.
G. That GPA 2024-0001 and SPA-2024-0001 constitutes a "project"
that is subject to the terms of the California Environmental Quality
Act ("CEQA") (Pub. Resources Code §21000 et. seq.).
H. 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 and
Specific Plan Amendment, which together are referred to as the
"Proposed Project;"
I. 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 26, 2024; and
J. That the NOP was circulated for 30 days pursuant to State CEQA
Guidelines sections 15082 and 15083, until March 26, 2024, to invite
comments from responsible and trustee agencies, the public, and other
interested parties regarding the scope of the EIR; and
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Resolution No. 4500
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Page 3
K. 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; and
L. That the City received three (3) comments from interested parties and
responsible and trustee agencies in response to the NOP; and
M. 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. 2024020969)
for public review and comment; and
N. 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 6, 2024
to July 22, 2024;
O. 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; and
P. That the City received five (5) written comments on the Draft EIR during
the public review period for the Draft EIR; and
Q. 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 11A of Attachment 11 and incorporated herein, reflects
changes made to mitigation measures and text within the EIR sections;
and
R. That the Findings of Fact and Statement of Overriding Considerations,
attached hereto as Exhibit 11 C of Attachment 11, 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,
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Resolution No. 4500
GPA 2024-0001 and SPA 2024-0001
Page 4
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;
and
S. That alternatives to the Proposed Project that might eliminate or reduce
significant environmental impacts are described in Exhibit 11 C of
Attachment 11, Statement of Overriding Considerations, pursuant to
CEQA, attached hereto and incorporated herein by this reference; and
T. 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; and
U. 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; and
V. 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; and
W. That a public hearing was duly called, noticed, and held on said
application on September 24, 20247 by the Planning Commission.At that
time, the Planning Commission continued the public hearing to October
8, 2024; and
X. That a public hearing was duly called, noticed, and held on said
application on October 8, 20247 by the Planning Commission; and
Y. That on October 8, 2024, the Planning Commission was presented with,
reviewed, and considered all the information and data in the
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Resolution No. 4500
GPA 2024-0001 and SPA 2024-0001
Page 5
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; and
Z. 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; and
AA. 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: 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 11 C of Attachment 11, 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 11A 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 11 C), nor have any of the conditions requiring a
subsequent or supplemental EIR listed in Public Resources Code Section 21166
occurred.
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Resolution No. 4500
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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-
0001, and SPA 2024-0001.
Signed by:
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ERIC HIGUCHI
Chairperson
Signed by:
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JUSTINA L. WILLKOM
Planning Commission Secretary
APPROVED AS TO FORM:
Signed by:
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MICHAEL DAUDT
Assistant City Attorney
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Resolution No. 4500
GPA 2024-0001 and SPA 2024-0001
Page 7
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.4500 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 8t" day of October
2024.
PLANNING COMMISSIONER AYES: HIGUCHI, KOZAK, MASON, MELLO (4)
PLANNING COMMISSIONER NOES: DOUTHIT (1)
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
Signed by: ^
t45DA2623B54A5...
JUSTINA L. WILLKOM
Planning Commission Secretary