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Home My WebLink About11-ATTACHMENT EDocusign Envelope ID: BF5069DA-4652-4D14-8EFC-A8763DEAD20E RESOLUTION NO. 4535 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 CEQA FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PROGRAM FOR ZONE CHANGE 2025-0001, SUBDIVISION 2025-0001/VESTING TENTATIVE TRACT MAP 19390, AND DESIGN REVIEW 2025- 0004 FOR THE CONSTRUCTION OF 145 RESIDENTIAL CONDOMINIUMS ON AN 8.5-ACRE (ASSESSOR PARCEL NUMBERS (APNS) 401-401-12, -13, -14, -15, -16, AND -17) The Planning Commission of the City of Tustin, California does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That the applicant, John Stack on behalf of KB Tustin Plaza, LLC., requests the following entitlements in regard to the Cypress Grove project to allow development of 145 residential condominiums on an approximately 8.5-acre site currently developed with the Tustin Financial Plaza business park ("Proposed Project"): • ZONE CHANGE (ZC) 2025-0001 — A request to rezone the site from Planned Community Business Park (PC BUS PARK) to Planned Community Residential (PC RES) and adopt a new Planned Community Development Plan to establish residential uses and development standards for the construction of 145 residential condominiums on an 8.5-acre site. • VESTING TENTATIVE TRACT MAP (VTTM) 19390/SUBDIVISION (SUB) 2025-0001 — A request to subdivide an approximately 8.5- acre property for condominium purposes to construct a total of 145 residential condominiums. • DESIGN REVIEW (DR) 2025-0004 — For the design and site layout of 145 residential condominiums on approximately 8.5 acres. B. That ZC 2025-0001, SUB 2025-0001, and DR 2025-0004 constitute a "project" that is subject to the terms of the California Environmental Quality Act (CEQA) (Pub. Resources Code §21000 et. seq.). C. That pursuant to the 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 Zone Change, Docusign Envelope ID: BF5069DA-4652-4D14-8EFC-A8763DEAD20E Resolution No. 4535 Page 2 Subdivision, and Design Review which together are referred to as the "Proposed Project." D. That the City sent a Notice of Preparation (NOP) of a Draft EIR to the Governor's Office of Planning and Research (now Governor's Office of Land Use and Climate Innovation), responsible and trustee agencies, and other interested parties on or about May 30, 2025. E. That the NOP was circulated for 30 days pursuant to State CEQA Guidelines sections 15082 and 15083, until June 30, 2025, to invite comments from responsible and trustee agencies, the public, and other interested parties regarding the scope of the EIR. F. 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 public meeting regarding the scope of the Proposed Project on June 16, 2025. G. That the City received four (4) comments from interested parties and responsible and trustee agencies in response to the NOP. H. That on August 15, 2025, 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. 2025060042) for public review and comment. 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 August 15, 2025 to September 29, 2025. That during the public review period, copies of the Draft EIR were provided online on the City's website and were available for public review in printed form at City Hall and the Tustin Library. K. That the City received written comments on the Draft EIR during the public review period for the Draft EIR. L. 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 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, together with the other sections of the Final EIR, including all the technical studies and appendices 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. Docusign Envelope ID: BF5069DA-4652-4D14-8EFC-A8763DEAD20E Resolution No. 4535 Page 3 M. 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, 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. N. That alternatives to the Proposed Project that might eliminate or reduce significant environmental impacts are analyzed in the Final EIR and further described in Exhibit 6C of Attachment 6, Findings of Fact, pursuant to CEQA, attached hereto and incorporated herein by this reference. O. 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. P. 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. Q. 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. R. That on October 23, 2025, the Planning Commission public hearing notice was posted at designated City boards and published in the Tustin News. S. That a public hearing was duly called, noticed, and held on said application on November 17, 2025, by the Planning Commission. T. That on November 17, 2025, 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 Docusign Envelope ID: BF5069DA-4652-4D14-8EFC-A8763DEAD20E Resolution No. 4535 Page 4 to it during all meetings and hearings, all of which are incorporated herein by reference. U. 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. V. That all other legal prerequisites to the adoption of the Resolution have occurred. II. The Proposed Project would result in a significant and unavoidable impact to historical resources (Impact CUL-1). 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. Mitigation Monitoring and Reporting Program. In accordance with State CEQA Guidelines Section 15097, the Planning Commission recommends that the City Council adopt the Mitigation Monitoring and Reporting Program (MMRP) attached within Exhibit 6A of Attachment 6, which identifies the mitigation measures, monitoring actions, timing, and responsible parties to ensure implementation of all required mitigation measures. V. 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 includes all the environmental impacts of the Proposed Project and mitigation measures; • The Planning Commission was presented with and reviewed and considered the information contained in the EIR, prior to the Tustin City Council considering the Proposed Project; and • The EIR reflects the City Council's independent judgment and analysis. VI. 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 Docusign Envelope ID: BF5069DA-4652-4D14-8EFC-A8763DEAD20E Resolution No. 4535 Page 5 conditions requiring a subsequent or supplemental EIR listed in Public Resources Code Section 21166 occurred. VII. 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. Vill. Custodian of Record. The documents and other materials that constitute the record of proceedings for the Planning Commission's action are located at the City of Tustin, Community Development Department, 300 Centennial Way, Tustin, CA 92780. The custodian of the record is the City of Tustin. IX. 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, Mitigation Monitoring and Reporting Program for ZC 2025-0001, SUB 2025-0001 / VTTM 19390, and DR 2025-0004. Signed by: LLLL// GG 49EF9FCDA908491_. ALEXA SMITTLE Planning Commission Secretary APPROVED AS TO FORM: Signed by: 4F8D2446CBF547C... For: MICHAEL DAUDT Assistant City Attorney .ESigned by: ;� DE. TANNER DOUTHIT Chairperson Docusign Envelope ID: BF5069DA-4652-4D14-8EFC-A8763DEAD20E Resolution No. 4535 Page 6 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Alexa Smittle, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4535 was duly passed and adopted at a special meeting of the Tustin Planning Commission, held on the 17th day of November, 2025. PLANNING COMMISSIONER AYES: Douthit, Gullo, Higuchi, Kozak, Mason (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: Signed by: Ln 49EF9FCDA908491_. ALEXA SMITTLE Planning Commission Secretary