bkshopr said:
Legacy has limited resources from an engineering standpoint in dealing with traffic and utility relocation. TIC on the contrary has all specialist dealing with roads, utilities and all kind of engineering issues. Jeffrey Road improvement is one good example. TIC swerved the road, relocated railroad intersections, upsized storm drain ducts, prepared utilities for the future, and most importantly assigned landscape screening and buffer for the ugly trailer park next to the Arbor Center.
More misinformation from bkshopr as usual.
JUDGE FINDS FOR CITY OF TUSTIN IN ENVIRONMENTAL
LITIGATION AGAINST CITY OF IRVINE
Tustin and Newport Beach successfully sued Irvine regarding flawed
environmental planning of projects in the Irvine Business Complex
Judge Stephen J. Sundvold of the Superior Court of California, County of
Orange Division ruled in favor of Tustin and Newport Beach.
“The City [of Irvine] misrepresented both the nature of the document to the
public and the nature of the environmental analysis it was undertaking. That
violates the spirit and letter of CEQA [California Environmental Quality Act],” said
Judge Sundvold in one of his opinions issued today. “The City [of Irvine] created
the confusion in the first place and the confusion cannot be argued away. The
Martin Street EIR [Environment Impact Report] and the briefing by the City
[Irvine] both contain ambiguous, contradictory and inconsistent statements and
arguments. Those are not the things of which a proper environmental analysis
are made.”
In the Spring of 2007, Tustin and Newport Beach filed lawsuits against
Irvine regarding two large mixed-use projects proposed for development in the
IBC. For the last two years, Tustin has urged Irvine to study the entire IBC area
and consider the cumulative impacts of changing from an industrial area to a
mixed use area with more than 20,000 residential units. The court has concurred
with Tustin and Newport Beach and found that Irvine has impermissibly
“approved individual projects…in a piece-meal fashion, that has transformed the
IBC into a mixed-use area, without ever having performed the required
comprehensive analysis of the potential environmental impacts of such a
transformation.”
The court in these two cases made the following determinations:
• Irvine violated CEQA in the manner in which it prepared the
environmental analysis of the projects.
• Irvine has failed to recognize that the transformation of the IBC into
a mixed-use residential area “has potentially far reaching
environmental impacts [which] were not anticipated nor analyzed.
• Irvine is piece-mealing the addition of residential units into the IBC
without performing proper environmental analysis.
• Irvine failed to analyze the cumulative impacts of pending and
probably future residential projects in the IBC.
• Irvine failed to conduct adequate traffic study analysis and disclose
necessary roadway improvements.
• There has been no proper environmental analysis of the transition
in the IBC from commercial/industrial to residential.
• The real “project” is the Vision Plan and Ordinance Overlay.
“The Tustin City Council is a strong proponent for local control and quality
of life. The members of the City Council respect Irvine’s choices for its City, so
long as Irvine complies with the law in making these choices and appropriately
mitigates the impacts that may fall on its neighbors, including the residents of
Tustin,” said Tustin Mayor Jerry Amante. “Jamming an additional 20,000
residential units into areas bordered by both Tustin and Newport Beach without
significant studies done on traffic and infrastructure impacts is not a
conscientious governmental decision. This piece-mealing must stop and Irvine
should complete its work on its Vision Plan and Overlay Ordinance before it
approves any more projects in the IBC. Our victory will benefit the residents of
Tustin, Newport Beach, Irvine, and surrounding Cities.”
20,000 homes is more than were constructed in Tustin Ranch plus those
that will be constructed in Tustin Legacy. For comparison purposes, the City of
Tustin and its Legacy developers will be spending in excess of $400 million to
mitigate that development, which only includes approximately 4,500 housing
units.
http://www.tustinca.org/documents/ibcjudgement.pdf