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HomeMy WebLinkAboutCC RES 08-42RESOLUTION NO. 08-42 A RESOLUTION OF THE TUSTIN CITY COUNCIL ADOPTING A MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT 08-001 (HOUSING ELEMENT UPDATE AND MINOR TEXT AMENDMENT TO THE TUSTIN GENERAL PLAN) The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. Implementation of the Housing Element Update's goals includes proposed housing development within the MCAS-Tustin Reuse Plan area and infill areas outside the Reuse Plan area throughout the City. Since the majority of future housing units described in the Housing Element Update would be located within the MCAS-Tustin Reuse Plan area, an Initial Study was prepared to determine if impacts to the environment of such housing were analyzed and addressed in the previously approved Final EIS/EIR for the Disposal and Reuse of the MCAS Tustin (Program EIS/EIR for MCAS- Tustin); B. 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 April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of MCAS Tustin; C. The FEIS/EIR and its Addendum is a program EIR under the California Environmental Quality Act ("CEQA"). The FEIS/FEIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin; D. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15063, the City of Tustin has completed an Initial Study and determined that all effects associated with the implementation of the Housing Element Update were evaluated in the Program EIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the Resolution No. 08-42 Page 1 of 64 project that would substantially reduce effects of the project that have not been considered and adopted. II. The City Council of the City of Tustin does hereby find that the proposed project is within the scope of the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin (Program EIS/EIR for MCAS-Tustin), an EIR approved from earlier project, and that the Program EIS/EIR for MCAS-Tustin adequately describes the general environmental setting of the Housing Element Update, the significant environmental impacts of the implementation of the Housing Element Update, and alternatives and mitigation measures related to each significant effect. III. The City Council of the City of Tustin hereby adopts a Mitigated Negative Declaration attached hereto as Exhibit A incorporating herein by reference of all applicable mitigation measures identified in the Program EIS/EIR for MCAS-Tustin. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 17th day of June, 2008. Doug Davert for JERRY AMANTE, MAYOR ATTEST: PAMELA STOKER, CITY CLERK Resolution No. 08-42 Page 2 of 64 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-42 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 17th day of June, 2008, by the following vote: COUNCILMEMBER AYES: Davert, Bone, Kawashima, Palmer (4) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: Amante (1) PAMELA STOKER, City Clerk Resolution No. 08-42 Page 3 of 64 Exhibit A to City Council Resolution No. 08-42 Mitigated Negative Declaration and Initial Study Resolution No. 08-42 Page 4 of 64 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: General Plan Amendment 08-001 (Housing Element Update) Project Location: Citywide, Tustin, Orange County, California. Project Description: The City of Tustin is required by State law to review and update its Housing Element as appropriate (Government Code Section 65588). The Housing Element Update sets forth the City's strategy to preserve and enhance the community's character, expand housing opportunities for the City's various economic segments, and provide the policy guidance for local decision making related to housing. Project Proponent: City of Tustin, 300 Centennial Way, Tustin, CA 92780 Lead Agency Contact Person: Justina Willkom Telephone: (714) 573-3115 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: ^ That there is no substantial evidence that the project may have a significant effect on the environment. ® That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declazation during the review period, which begins with the public notice of Negative Declaration and extends for thirty days (30) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 5:00 P.M. ON JUNE 9, 2008 Date J ' d -~ /p Elizabeth A. Binsack Resolution No. 08-42 Community Development DirectoiPage 5 of 64 iNiriaL sruvr FOR: C/TY OF TUST/N HODS/NG ELEMENT L/PDa TE City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 C/TY OF TUST/N Contact Elizabeth A. Binsack Director Community Development Department Contact: Justina Willkom Senior Planner APR/L 2008 Resolution No. 08-42 Page 6 of 64 Table of Contents Section Page 1. BACKGROUND 1.1 PROJECT LOCATION ....................................................................................................................1 1.2 ENVIRONMENTAL SETTING ....................................................................................................... ..1 1.3 PROJECT DESCRIPTION ............................................................................................................ ..5 1.4 CITY ACTION REOUIRED ............................................................................................................ ..6 2. ENVIRONMENTAL CHECKLIST 2.1 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED .......................................................... ..7 2.2 DETERMINATION: (To Be Completed By The Lead Agency) .................................................... ..7 2.3 EVALUATION OF ENVIRONMENTAL IMPACTS .......................................................................... ..8 2.4 REFERENCES .............................................................................................................................. ..9 3. ENVIRONMENTAL ANALYSIS 3.1 AESTHETICS ............................................................................................................................... 18 3.2 AGRICULTURE RESOURCES ..................................................................................................... 19 3.3 AIR ~UALIIY ................................................................................................................................ 21 3.4 BIOLOGICAL RESOURCES ......................................................................................................... 23 3.5 CULTURAL RESOURCES ............................................................................................................ 25 3.6 ................................................................................... GEOLOGY AND SOILS .....:.................... ... 28 3.7 HAZARDS AND HAZARDOUS MATERIALS ................................................................................ 31 3.8 HYDROLOGY AND WATER QUALITY ......................................................................................... 34 3.9 LAND USE AND PLANNING ........................................................................................................ 39 3.10 MINERAL RESOURCES ............................................................................................................... 40 3.11 NOISE .......................................................................................................................................... 41 3.12 POPULATION AND HOUSING ..................................................................................................... 45 3.13 PUBLIC SERVICES ...................................................................................................................... 46 3.14 RECREATION ............................................................................................................................... 49 3.15 TRANSPORTATION/TRAFFIC ...................................................................................................... 50 3.16 UTILITIES AND SERVICE SYSTEMS ........................................................................................... 53 3.17 MANDATORY FINDINGS OF SIGNIFICANCE ............................................................................. 56 Llst of Figures Fipure Pape FIGURE 1 REGIONAL LOCATION ................................................................................................................ 4 List of Tables Table Pape TABLE 1 NOISE LEVELS GENERATED BY TYPICAL CONSTRUCTION EQUIPMENT ............................. 44 Resolution No. 08-42 Page 7 of 64 City of Tustin • Page i 1. Background This Initial Study has been prepared to evaluate the potential environmental effects associated with the adoption of the City of Tustin Housing Element Update (Housing Element Update) and minor text amendments. This is a revision to the Housing Element that is required by Government Code Section 65588 (b). This analysis has been conducted in compliance with the California Environmental duality Act (CEOA) and Guidelines, as amended. 1, ~ PROJECT LOCAT/ON The Regional Location Map (Figure 1) shows the location of the City of Tustin within the context of the Orange County region. Tustin is located in Central Orange County and is bordered by a developed unincorporated portion of Orange County (North Tustin) to the north, the City of Orange to the northwest, Santa Ana to the west and southwest, Irvine to the south, southeast, and east. The 55 Freeway forms the majority of the City's western boundary, the I-5 transects the southwestern area of the City, and the Eastern Transportation corridor parallels the City's eastern border. 1.2 ENV/RONMENTAL SETT/NG 1.2.1 ExJsting Land Use The City of Tustin is developed with a mix of commercial, industrial, and residential uses. The growth trends in Tustin show significant population increases in the 1980s, followed by a slower rate of growth in the 1990s. From 1980 to 1990, the City's population increased from 36,119 to 50,689 (40.3 percent). The City's growth rate between 2000 and 2007 was slightly slower than the countywide growth rate but faster than surrounding cities. Recent projections cited in the Comprehensive Affordable Housing Strategy indicate that the City's population will increase by an annual rate of 2.6% during this Housing Element Implementation period. In 2007, the City's estimated population of 75,542 represented 2.34 percent of the County's total population. The California Department of Finance (DOF) estimated that in January 2007, 24,787 households existed in Tustin, and the average household size was 2.91 persons. Based on data derived from the Orange County Register, the median value for the owner-occupied units in the City is $493,125, which is slightly lower than the County as a whole, where the median value is $506,000. Overall, median resale home prices for zip codes in the City of Tustin ranged from $416,250 to $570,000. According to RealFacts (a database publisher specializing in the housing market), the average rent for the City of Tustin was $1,528 in March 2008. Tustin has a high percentage of multi-family units compared to other Orange County communities. Approximately 49 percent of the housing stock is comprised of single-family attached/detached units while 51 percent of the housing stock consists of multi-family units. Additionally, Tustin has a proportionally higher amount of renters than owners. In 2000, 49.6 percent of the housing stock was owner-occupied and 50.4 percent was renter-occupied. According to Table H-12 of the Housing Element Update, 399.14 acres of vacant land exists in the City of Tustin, while another 74.37 acres of land are underutilized. Based on established land use densities, this offers a potential for 30,984 total housing units on these properties at buildout capacity. Of the 399.14 acres of vacant land, 389.2 acres are located at the former MCAS-Tustin and 9.94 acres are located generally in infill neighborhoods. The 74.37 acres of underutilized land are located generally in the Old Town area and Tustin High school and other underutilized land through out the City. Resolution No. 08-42 Page 8 of 64 City of Tustin ~ Page 1 1. Background The City of Tustin is required, per California Housing Element law, to meet its "fair share" of existing and future housing needs for all income groups. As determined by the Southern California Association of Governments (SCAG), Tustin's "fair share" is 2,380 additional units for the 2006-2014 planning period. Based on the analysis of vacant land and underutilized land within the City, the majority of the required housing units would be provided at Tustin Legacy, also known as the former Marine Corps Air Station (MCAS) Tustin. Other housing units would be provided through infill developments within the rest of the City. Tustin Legacy (former MCAS-Tustin) Tustin Legacy is that portion of the former Marine Corps Air Station (MCAS) Tustin within the City of Tustin corporate boundaries. Owned and operated by the Navy and Marine Corps for nearly 60 years, approximately 1,585 gross acres of property at MCAS Tustin were determined surplus to federal government needs and the base was officially closed in July 1999. The majority of the Tustin Legacy lies within the southern portion of the City of Tustin. The remaining approximately 73 acres lies within the City of Irvine. On January 16, 2001, the City Council adopted a General Plan Amendment to change the City's land use designation for MCAS-Tustin from Military and Public/Institutional to the MCAS Tustin Specific Plan. The Specific Plan area is generally bounded by Edinger Avenue to the north, Harvard Avenue to the east, Barranca Parkway to the south, and Red Hill Avenue to the west. A Final Joint Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin and Mitigation Monitoring and Reporting Program for the EIS/EIR was prepared by the City of Tustin and the Department of the Navy (DoN) in accordance with the California Environmental Quality Act (CEQA) and the National Environmental Policy (NEPA). The FEIS/EIR analyzed the environmental consequences of the Navy disposal and local community reuse of the MCAS Tustin site per the Reuse Plan and the MCAS Tustin Specific Plan/Reuse Plan. The CEQA analysis also analyzed the environmental impacts of certain "Implementation Actions" that the City of Tustin and Cibr of Irvine must take to implement the MCAS Tustin Specific Plan/Reuse Plan. The FEIS/EIR and Mitigation Monitoring and Reporting Program were adopted by the Tustin City Council on January 16, 2001. The DoN published its Record of Decision (ROD) on March 3, 2001. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. Infill developments The infill developments consist of utilizing vacant and underutilized land in other areas of City, The areas include infill neighborhoods primarily in the Old Town area, the existing Tustin High school site and scattered infill neighborhoods elsewhere in the City (Figure 1 of the Housing Element Update). Circumstances surrounding the implementation of the Housing Element Update at the MCAS-Tustin and in the infill sites are essentially the same. In general, these similar circumstances can be summarized as follows; • Housing units at MCAS-Tustin would be developed in an urban setting involving mixed land uses, sirnilar to infill development in other areas of the City; Resolution No. 08-42 Page 9 of 64 City of Tustin • Page 2 1. Background • Development of housing units at MCAS-Tustin and infill sites will be required to comply with the City's and State's existing regulations pertaining to air quality, noise, water quality, construction standards, etc. • Both MCAS-Tustin areas and infill sites will be served by the same utility providers and will utilize the same utility system; • Both MCAS-Tustin areas and infill sites will be served by the same public service agencies such as Orange County Fire Authority, Tustin Police Department, Tustin Parks and Recreation Department, etc.; • Children in MCAS-Tustin and infill sites of Tustin would attend Tustin Unified and Irvine Unified schools; • Residents from MCAS-Tustin and infill sites would utilize existing and future parks and recreational facilities available to all City residents; etc. Resolution No. 08-42 Page 10 of 64 City of Tustin • Page 3 1. Background Figure 1 Regional Location. Resolution No. 08-42 Page 11 of 64 City of Tustin • Page 4 1. Background 1.2.2 Surrounding Land Use The City is located in a mature area with a mix of land uses. The surrounding cities of Santa Ana, Orange, unincorporated County of Orange, and. Irvine contain a mix of residential, commercial, industrial, and open space uses. 7.3 PROJECT DESCR/PT/O/V 1.3.1 Proposed Project The Housing Element is one of the seven General Plan Elements mandated by the State of California, as articulated in Sections 65580 to 65589.8 of the Government Code. State Law requires that the Housing Element consist of "an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement and development of housing." The residential character of the City is, to a large extent, determined by the variety of its housing stock, its location and physical condition. The Housing Element is, therefore, an official municipal response to the need to provide housing for all economic segments of the population. The City of Tustin's General Plan Housing Element and this Housing Element Update detail the City's strategy for enhancing and preserving the community's character, sets forth strategies for expanding housing opportunities for the City's various economics segments, and provides the primary policy guidance for local decision-making related to housing. The Housing Element Update provides the implementation strategies for addressing the housing needs of Tustin residents through the 2006-2014 planning period. As described in Section 1.2.1, the majority of the housing units required by the Housing Element Update would be provided at the MCAS-Tustin. Other units would be provided through scattered infill developments within the City. As a result, the initial study prepared for the Housing Element Update focuses primarily on the MCAS-Tustin Specific Plan area. This is because the circumstances of the MCAS-Tustin project studied in the Program EIS/EIR and the Housing Element Update project are essentially the same. The Final EIS/E-R for the Disposal and Reuse of MCAS-Tustin is a Program EISIEIR for MCAS-Tustin that was certified by the City Council on January 16, 2001. The DoN published its Record of Decision (ROD) on March 3, 2001. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR (herein after referred to as Program EIS/EIR for MCAS- Tustin). The Program EIS/EIR for MCAS-Tustin discusses impacts related to the implementation of the Specific Plan and is incorporated in the initial study by this reference. A copy of the Program EISJEIR for MCAS-Tustin and its addendum are available for public review at the City of Tustin Community Development Department located at 300 Centennial Way, Tustin, California 92780. The Housing Element Update provides in-depth analysis of the City's population, economic, household, and household stock characteristics as required by State Law. The Element also provides a comprehensive evaluation of programs and regulations related to priority goals, objectives, and program actions that directly address the needs of Tustin residents. The Housing Element Update is only one facet of the City's overall planning program. The California Government Code requires that General Plans contain an integrated, consistent set of goals and policies. The Housing Element is, therefore, affected by development policies contained in other elements of the General Plan. In addition to the Housing Element Update, minor text amendments to the General Plan are also proposed. Resolution No. 08-42 Page 12 of 64 City of Tustin • Page 5 1. Background 1.3.2 Project Phasing The Housing Element Update addresses the 2006-2014, a seven and ahalf-year timeframe, consistent with the Regional Housing Needs Assessment (RHNA) planning period. 1.3.3 Purpose of Inltlal Study As discussed in Section 1.1 (Project Location) most of the development of new housing units would take place at the former MCAS-Tustin. The purpose of the initial study is to determine whether the Program EIS/EIR for MCAS-Tustin would adequately describe the project's general environmental setting, significant environmental impacts, project alternatives, and mitigation measures related to each significant impact. The initial study is also designed to determine whether there are any additional, reasonable alternatives or mitigation measures that should be considered as ways of avoiding or reducing the project's significant effects. The City of Tustin is close to its build-out capacity. Opportunities to meet its "fair share" to build an additional 2,380 housing units in the City largely depend on the availability of the former MCAS-Tustin land. This land is the only significant area of vacant and underutilized land that is available in the City to accommodate a large number of housing units. Other vacant lands identified are infill sites scattered throughout the City. The Program EIS/EIR for MCAS-Tustin identified several impact categories where significant impacts to "` ' the environment could not be mitigated to an insignificant level, and accordingly a Statement of Overriding Considerations was adopted by the City of Tustin for approval of the General Plan Amendment on January 16, 2001, For the purpose of this initial study, an evaluation has been made to ensure that impacts previously identified relating to this project have not been intensified. The Program EIS/EIR for MCAS-Tustin also identified several impact categories where impacts could be lessened to a level of insignificance with the imposition of mitigation measures. Each of these impact categories were analyzed to determine if new impacts associated with the project would occur that were not identified in the Program EIS/EIR. Impact categories not identified to have a potential impact in the Program EIS/EIR for MCAS-Tustin have been reviewed and identified in the initial study to determine if the project would create any additional or new significant impacts which were not considered by the Program EIS/EIR for MCAS-Tustin. 1.4 C/TYACT/ON REQU/RED The proposed action is the adoption of the Housing Element Update of the City's General Plan (the "Housing Element Update") and minor text amendments to the General Plan. Resolution No. 08-42 Page 13 of 64 City of Tustin • Page 6 2. Environmental Checklist Z. ! ENV/RONMENTAL FACTORd POTENT/ALL r AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," as indicated by the checklist on pages 9 through 15. ~ Aesttietlca ~ ~ Biological Resources ^ ~ Hazards 6 Hanrdous Materiak ^ ^ Mineral Resources ~ ^ Putruc Serv-ces ^ ^ utjlides / samce systems ^ Agricultural Resources Guttural Aesourcea HYdr~' / 1Natx QuaUty Noise Recreation Martdatay Findkps m SgniAcance ^ Air Quality ^ Geology/Sails ^ Land Use / Plarrring ^ Population /Housing ^ Transportatbn / Traflfc Z.? DETERM/NAT/ONt ~To B• Conspltd ey Tly L•,d ~pncyJ On the basis of this initial evaluatbn, I find that: ^ The proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATNE DECLARATION will be prepared. ^ The proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^ Although the proposed protect could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earner EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisbns or mitigation measures that are Imposed upon the project, nothing further is required. ^ Pursuant to 3ectlon 18184 of the CEOA Guidelines, an EIR has been prepared earlier and only minor technical changes or additions are necessary to make the prevbus EIR adequate, and these changes. do not raise important new issues about the signifit:arrt effecb on the environment. An ADDENDUM to the EIR shall be prepared. ^ Pursuant to Section 15184 of the CEGIA Guidelines, and EIR has been prepared earlier; however, subsequent proposed changes in the project and/or new information of substantial importance will cause one or more significant effects no previously discussed. A SUBSEQUENT EIR shall be prepared. Signature Date Elizabeth A. Binsack Printed name ~t~solution~lo. 08-42 • Page 7 Page 14 of 64 2. Environmental Checklist 1.3 EVALUAT/ON OF ENV/RONMENTAL /MPACTS A brief explanation is required for all answers except "No Impact" answers. The environmental checklist on pages 9-15 is the starting point of the analysis. A "No Impact" answer is adequately supported ff the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact answer is explained where it is based on project-specific factors, as well as general standards (e.g. the project would not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). All answers take account of the whole action involved, including off-site and on-site, cumulative and project-level, indirect and direct, and construction and operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than signfficant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. In this case, the Program EIS/EIR for MCAS-Tustin has been reviewed to determine if it is adequate for this project. Earlier analyses may be used for subsequent activities if the effects of the project have been adequately analyzed in a program EIR. In this case, a brief discussion should identify the following: Earlier Analysis Used. Identify and state where they are available for review. Impacts Adequately Addressed. Identrfy which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mltlgatlon Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where. appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. Resolution No. 08-42 City of ?tcstin age 8 2. Environmental Checklist New More No Substantial Significant Severe Change From Impact Impacts Previous Analysis I. AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic vista? ^ ^ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic ^ ^ highway? c) Substantially degrade the existing visual character or quality of the ^ ^ site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ^ ^ II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use`? ^ ^ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ^ ^ c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- ^ ^ agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district maybe relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air ^ ^ quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ^ ^ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ^ ^ Resolution No. 08-42 Page 16 of 64 City of Tustin • Page 9 2. Environmental Checklist ~. New More No Substantial Significant Severe Change From Impact Impacts Previous Analysis d) Expose sensitive receptors to substantial pollutant concentrations? ^ ^ e) Create objectionable odors affecting a substantial number of people? ^ ^ IV. BIOLOGICAL RESOURCES: -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and ^ ^ Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game ^ ^ or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through drrect removal, ^ ^ filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife ^ ^ nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ^ ^ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, ^ ^ regional, or state habitat conservation plan? V. CULTURAL RESOURCES: -Would the project: a) Cause a substantial adverse change in the significance of a ^ ^ historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an ^ ^ archaeological resource pursuant to ~ 15064.5? c) Directly or indirectly destroy a unique paleontological resource or ' ^ ^ site or unique geologic feature ? d) Disturb any human remains, including those interred outside of ^ ^ formal cemeteries? ,:,~ Resolution No. 08-42 Page 17 of 64 City of Tustin • Page 10 2. Environmental Checklist New More No Substantial VL GEOLOGY AND SOILS: -Would the project: Significant Severe Change From Impact Impacts Previous a) Expose people or structures to potential substantial adverse effects, Analysis including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the ^ ^ most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ^ ^ iii) Seismic-related ground failure, including liquefaction? ^ ^ iv) Landslides? ^ ^ b) Result in substantial soil erosion or the loss of topsoil? ^ ^ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or ^ ^ collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or ^ ^ property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not ^ ^ available for the disposal of waste water? VILHAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment ^ ^ through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving ^ ^ the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ^ ^ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the ^ ^ cnvironment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people ^ ^ residli?Jgsamlt~tidtiri~dn tl>~-~fAject area? Page 18 of 64 City of Tustin ~ Page 11 2. Environmental Checklist New More No Substantial Significant Severe Change From Impact Impacts Previous Analysis ~ For a project within the vicinity of a private airstrip, would the ^ ^ project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted ^ ^ emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands'l ^ ^ VIII. HYDROLOGY AND WATER QUALITY: -Would the project: a) Violate any water quality standards or waste discharge ^ ^ requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table ^ ^ level (e.g., the production rate ofpre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- ^ ^ site? d) Substantially alter the existing drainage pattern of the site or area including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner ^ ^ which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide ^ ^ substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ^ ^ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ^ ^ h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? ^ ^ i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? ^ ^ .;,~, j) Inundation by seiche, tsunami, or mudflow? ^ ^ Resolt.~n No. 08-42 Page 19 of 64 City of Tustin • Page 12 2. Environmental Checklist IX. LAND USE AND PLANNING -Would the project: a) Physically divide an established community? New More No Substantial Significant Severe Change From Impact Impacts Previous Analysis ^ ^ b) Conflict with any applicable land use plan, policy, or regulation of ^ ^ an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ^ ^ c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES -Would the project: ^ ^ a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of alocally-important mineral ^ ^ resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE - Would the project result in: ^ ^ a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ^ ^ b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ^ ^ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ^ ^ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or ^ ^ public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the ^ ^ project expose people residing or working in the project area to excess noise levels? XILPOPULATION AND HOUSING- Would the project: a) Induce substantial population growth in an area, either directly (for ^ ^ example, by proposing new homes and businesses) or indirectly (for exa~~~}~ ~e>~~pf roads or other infrastructure)? Page 20 of 64 City of Tustin • Page 13 2. Environmental Checklist New More No Substantial Significant Severe Change From Impact Impacts Previous Analysis _ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ^ ^ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ^ ^ XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ^ ^ Police protection? ^ ^ Schools? Parks? ^ ^ Other public facilities? ^ ^ XIV. RECREATION - "' a) Would the project increase the use of existing neighborhood and ~oiox;al parks or other recreational facilities such that substantial ^ ^ physical deterioration of the facility would occur or be accelerated? b) Uoes the project include recreational facilities or require the construction or expansion of recreational facilities which might have an ^ ^ adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to ^ ^ capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for ^ ^ designated roads or highways? c) Result in a change in air traff c patterns, including either an ^ ^ increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm ^ ^ equipment)? "~ " e) Result in inadequate emergency access? ^ ^ Resolution No. 08-42 f) Result in inadequate parking capacity? ^ ^ age 21 of 64 City of Tustin • Page 14 2. Environmental Checklist New More No Substantial Significant Severe Change From Impact Impacts Previous g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)`? XVI. UTILITIES AND SERVICE SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which ~ ~ could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded ~ ~ entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? fj Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of ~ ~ California history or prehistory? b) Does the project have impacts that aze individually limited, but cumulatively considerable'? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ~ projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Resolution No. 08-42 Page 22 of 64 City of ~stin • Page 15 2. Environmental Checklist Z,4 REFERENCES No. Reference 1. City of Tustin General Plan, January 16, 2001. 2. City of Tustin Housing Element Update, 2008. 3. State Department of Finance, Population, and Housing Estimates, 2007. 4. Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of MCAS-Tustin (Program EIS/EIR for MCAS-Tustin), January 16, 2001 and its addendum. 5. Marine Corps Air Station (MCAS) Tustin Specific Plan/Reuse Plan, October 1996 and September 1998 Errata adopted by the City Council February, 2003 and its amendments. Resolution No. 08-42 Page 23 of 64 City of Tustin • Page 16 2. Environmental Checklist This page is intentionally left blank. Resolution No. 08-42 Page 24 of 64 City of Tustin • Page 17 3. Environmental Analysis The previous Section 2.3 provided a checklist of environmental impacts. This section provides an evaluation of the impact categories and questions contained in the checklist, and identifies mitigation measures where applicable. Mitigation measures identified in the Program EIS/EIR for MCAS-Tustin shall be implemented through implementation of the Specific Plan for MCAS-Tustin. 3,1 AESTHETICS a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Development anticipated by the Housing Element Update would be located in mostly urbanized areas or areas that are planned to be urbanized that are not part of scenic vistas. No scenic vistas are located in the vicinity of any proposed development locations such as, infill developments identified in Table H-eA and Figure 1 of the Housing Element Update, and potential residential development at the Tustin Legacy. Further, the City of Tustin does not contain any City- or County- designated scenic highways. Therefore, implementation of the proposed project would not create significant impacts on scenic vista, scenic resources, and scenic highway. ' Mitigation Measures/Monitoring Required: • No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EISlEIR for MCAS-Tustin (Pages 4-81 to 4-87) and Addendum (Pages 5-3 to 5- 7) c) Substantially degrade the existing visual character or quality of the site and its surroundings? The proposed project estimates up to 2,380 units for development. The majority of these housing units would be constructed within the Tustin Legacy (MCAS Tustin Specifc Plan). As each component of the Specific Plan is developed, there would be visual contrast created as previously undeveloped land at the former MCAS-Tustin converts to urban uses or existing structures are demolished. The visual quality of the project sites would be improved through application of the specific urban design features such as landscaping, as development occurs. Mitigation Measure Vis-1 of the Program EIS/EIR for MCAS-Tustin would provide measures to reduce the potential visual impacts to a level of insignificance. Infill developments outside of the Tustin Legacy would be developed in accordance with the City's Larid Use Element and development standards and would not create a demonstrable negative aesthetic effect to the City's visual qualities. With the City's existing Design Review process that requires specific findings for development compatibility with the surroundings, including height and bulk of the building, exterior materials and colors, landscaping, etc., it is not anticipated that future infill developments would create any significant visual impacts. No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin, which are hereby incorporated by reference. Resolution No. 08-42 64 City of Tustin • Page 18 3. Environmental Analysis Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-81 to 4-87) and its Addendum (Pages 5-3 to 5-7) d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the areal New development in accordance with the City's Housing Element Update would create new sources of light and glare such as exterior lighting, lighting of streets and walkways, and interior lighting which could be visible from the outside. However, the development would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. To minimize potential light and glare impacts for infill developments, future development would be required to comply with Tustin's Security Ordinance. In addition, the lights and glare shall be controlled through design controls and building materials restrictions as part of the City's existing Design Review process. The Design Review process requires specific findings to be made for development compatibility with its surroundings including exterior illumination. No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin, which are hereby incorporated by reference. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-81 to 4-87) and its Addendum (Pages 5-3 to 5-7) 3.2 AGR/CULTURE RESOURCES a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? According to the Farmland Mapping and Monitoring Program, the City of Tustin had Prime Farmland located at the Tustin Legacy. The implementation of the MCAS Tustin Spec'rfic Plan would result in a significant adverse effect of converting prime agricultural land to a variety of urban uses. Approximately 289 acres of Prime Farmland would ultimately be developed with housing units. The Program EIS/EIR for MCAS-Tustin has provided detailed analysis of the alternatives and potential mitigation measures and concluded that the impact is unavoidable. Other available vacant or underutilized land within the City identified as potential land for residential developments are not zoned or used for agricultural uses. Therefore, no significant impacts to farmland resources would result from the development of these infill lands. The implementation of the Housing Element Update would potentially result in a significant impact of converting agricultural land to urban uses at the Tustin Legacy area. However, the implementation Resolution No. 08-42 Pag~• a ~tstin • Page 19 3. Environmental Analysis of the Housing Element Update would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. No further mitigation measures would be required. Mitigation Measures/Monitoring Required: No mitigation measures were determined to be feasible for MCAS-Tustin. A Statement of Overriding Considerations was adopted. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-109 to 4-113) and Addendum (Pages 5-8 to 5-9) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? The City of Tustin General Plan does not include any land designated for agricultural use. Furthermore, there is no land zoned solely for agricultural purposes or covered by a Williamson Act contract in the City. The Williamson Act was adopted in 1965 and established a voluntary farmland conservation program which restricts contracted land to agricultural and/or open space uses for at least ten years. Landowners who enroll their lands would receive preferential tax treatment based on the actual use of the land for agricultural purposes, as opposed to the unrestricted market value. The previous interim agricultural uses at MCAS-Tustin have been discontinued since preparation of the Program EIS/EIR for MCAS•Tustin, nor are infill developments areas within the City under a Williamson Act contract. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-109 to 4-113) and Addendum (Pages 5-8 to 5-9) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? The City of Tustin General Plan does not contain any land designated for agricultural use. Furthermore, there is no land zoned solely for agricultural purposes. Except for those impacts identified under Section 3.2 (a) above, there is no evidence or changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use. Mitigation Measures/Monitoring Required: No mitigation measures are required. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-109 to 4-113) and Addendum (Pages 5-8 to 5-9) u.. Resolution No. 08-42 City of Tustin • a e p 4 9 3. Environmental Analysis 3.3 A/R QUAL/TY a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? The Housing Element Update identifies an assigned fair share growth in the City for 2,380 new housing units through 2014. According to the South Coast Air duality Management District CEQA Air Quality Handbook, the air quality impacts of the development of 2,380 dwelling units would exceed the District's threshold of significance. New development would generate pollutant emissions due to new vehicle trips, use of construction equipment, and off-site power and natural gas generation. During the construction phases of individual development projects, construction vehicles and activities would also generate emissions. Air pollutant emissions associated with the project could occur over the short-term for demolition, site preparation and construction activities to support the proposed land use. In addition, emissions could result from the long-term operation of the completed development. • Short-Term Construction-Related Impacts Short-term emissions are those occurring during the construction phases of individual developments in the City.. Air quality impacts may occur during the site preparation and construction activities required to prepare the proposed on-site land use. Major sources of emissions during this phase include exhaust emissions generated during demolition of an existing structure, site preparation and subsequent structure erection and fugitive dust generated as a result of soil disturbances during excavation activities. The Program EIS/EIR for MCAS-Tustin identifies impacts that would result from the construction of the housing units at the Reuse Plan area. To minimize these impacts, future development projects would be required to comply with specific construction control measures identified in mitigation measure AQ-1 and AO-2, if not already required by the SCAGIMD Rule 403 related to wind entrainment of fugitive dust. These mitigation measures are incorporated herein. For infill developments, the City will require compliance with AQMD Rule 403 related to air quality construction control measures and the City's standard construction control measures (i.e. controlling construction parking to minimize traffic interference, providing temporary traffic control during construction activities to improve traffic flow, etc.). This would reduce air quality construction-related impacts to a less than significant level. Resolution No. 08-42 Pag~~~ gfstin • Page 21 3. Environmental Analysis • Long-Term Air Gluality Impacts Long-term air quality impacts are those associated with the emissions produced from project- generated vehicle trips as well as from stationary sources related to the use of natural gas for heating and use of electricity for lighting and ventilation. The net increase in new developrrient anticipated by the Housing Element Update is related to a change in the number of housing units and additional vehicle trips. Long-term emissions from mobile (vehicular) and stationary sources within the Reuse Plan area are identified in the Program EIS/EIR for MCAS-Tustin as significant and unavoidable. Mitigation measure AD-4 related to individual development's Transportation Demand Management (TDM) plan would reduce the impact, but there are no feasible mitigation measures that will reduce the impact to ales-than-significant level. A statement of overriding consideration was adopted. Long-term emissions resulting from infill developments are insignificant if developed individually but could be significant cumulatively. These impacts shall be reduced through urban design planning as suggested in the CEQA Air Quality Handbook prepared by the South Coast Air Quality Management District (i.e. incorporation of bus turnouts, pedestrian friendly site design, provision for bike lanes, etc.). Through the City's Design Review process, .these design measures shall be determined on a case-by-case basis as developments are proposed. Compliance with these measures would reduce impacts related to long-term emission to a less than significant level. • Consistency with South Coast Air Basin (SCAB) Air Quality Management Plan (AMP) The City's measures related to air quality for infill development and development of the Tustin Legacy have been identified in the 2007 AQMP prepared by the SCAQMD. In summary, development anticipated by the Housing Element Update is in compliance with the growth projections in the City's Land Use and Circulation Elements. The implementation of the Hou:;ing Element Update would result in both short-term and long-term impacts. These impacts include construction-related impacts associated with clearing and grading of the site and construction of building and infrastructure and operational impacts attributable to air emissions from vehicular travel and generation of air contaminants by the development. These impacts would not result beyond those identified in the Program EIS/EIR for MCAS-Tustin. No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin. Infill developments would be evaluated on an individual basis when the specific development is proposed. Such development must comply with the City's Design Review process and would be required to reduce potential impacts to a less than significant level. In addition, under CE~A, the degree of specificity required in an environmental review corresponds to the degree of specificity involved in the project (14 C.C.R. § 15146). Thus, an environmental analysis of the adoption of a general plan element will necessarily be much more general than an environmental review on a construction project. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin, which are hereby incorporated by reference. Resolution No. 08-42 City of Tustin . age 2 4 3. Environmental Analysis Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-207 to 4-224) and Addendum (Pages 5-10 to 5-27) e) Create objectionable odors affecting a substantial number of people? Odors are one of the most obvious forms of air pollution to the general public. Odors can present significant problems for both the source and the surrounding community. Although offensive odors seldom cause physical harm, they can cause agitation, anger, and concern to the general public. Most people determine an odor to be offensive (objectionable) if it is sensed longer than the duration of a human breath, typically 2 to 5 seconds. The potential odors associated with the project are from the application of asphalt and paint during construction periods. These odors, if perceptible, are common in the environment and would be of very limited duration. In addition, due to their nature as residential housing units, no obnoxious odor would result from development of housing units identified in the Housing Element Update. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin 3.4 B/OLOG/CAL RESOURCES a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? Resolution No. 08-42 Pagtei~ 8 ~tstin • Page 23 3. Environmental Analysis Biological resources include plant and animal species and the habitats or communities within which they occur. The implementation of the Housing Element Update consists of development within MCAS-Tustin and infill areas outside the MCAS-Tustin. Impacts associated with Biological Resources within the MCAS-Tustin area would occur at the construction phase for implementing the Reuse Plan development. In general, impacts can be summarized as follows: Vegetation Vegetation in the Reuse Plan can generally be categorized as low quality cultivated fields or non- native grassland. The agricultural fields on the former Air Station were regularly cultivated with row crops. Because of the agricultural and historic military uses, the cultivated fields and landscaped areas do not provide suitable habitat for rare plant species known from the region. In addition, the Program FEIS/EIR determined that replacement of the agricultural fields, non- native grassland, and ornamental landscaping with the development of housing units was not considered to be significant because of the low quality vegetation and past disturbances on the site. As such no mitigation measure related to vegetation is necessary. Wildlife, Sensitive, Threatened, and Endangered Wildlife Species Industrial, commercial, and residential land uses surrounding the Tustin Legacy and other vacant land area typically would limit a site's value. as wildlife habitat. The Program EIS/EIR for ~-° •°° MCAS-Tustin identified Southwestern Pond Turtle, "species of special concern," within the MCAS boundary; however, based upon the analysis in the Program EIS/EIR, the sighting was found within areas identified for development of commercial and commercial businesses. Therefore, no impact to southwestern pond turtle habitat would result from the implementation of the Housing Element Update at the MCAS-Tustin. Nevertheless, Mitigation measures were included in the Program FEIS/EIR to require the relocation of the turtles and establishment of an alternative off-site habitat, and to require the applicant to obtain Section 404, Section 1601, and other permits as necessary for areas on the project site affecting jurisdictional waters of the U.S. or vegetated wetlands. Infill developments identified in Table H-17 of the Housing Element Update would occur in the urbanized area of the City. The properties are not located on any riparian habitat or other sensitive natural community. Therefore, it is not anticipated that the sites would contain endangered wildlife, protected riparian habitats, or any other biological resources. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin, which are hereby incorporated by reference. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-103 to 4-107) and Addendum (Pages 5-28 to 5-39) Resolution No. 08-42 City of Tustin ~ age 64 3. Environmental Analysis c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? The development of housing units within the MCAS-Tustin Reuse Plan would have impacts to wetlands. The Reuse Plan is situated in the Tustin Plain, which is underlain by the Irvine groundwater basin. The site is situated in historic marshland which was filled over 60 years ago for cultivation. The Peters Canyon Channel, an unlined drainage channel, traverses the MCAS-Tustin area. The Program EIS/EIR identified impacts to jurisdictional waters total approximately 16.64 acres, including 13.88 acres of temporary impacts and 2.76 acres of permanent impacts. The Program EIS/EIR has identified mitigation measures to reduce impacts associated with jurisdictional waters and wetlands to a level of insignificance. These mitigation measures are incorporated herein. Infill development sites identified in Table H-17 of the Housing Element Update are not located on federally protected wetlands. As such, no impact would result from the development of the sites. In summary, the implementation of the Housing Element Update, particularly the development at the Tustin Legacy, would potentially create impacts to vegetated and seasonal wetlands. The Program EIS/EIR for MCAS-Tustin identifies wetland impact mitigation. There would not be any additional impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-103 to 4-107) and Addendum (Pages 5-28 to 5-39) 3.5 CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? Section 10564.5 defines historic resources as resources listed or determined to be eligible for listing by the State Historical Resources Commission, a local register of historical resources, or the lead agency, Generally a resource is considered to be "historically significant," if it meets one of the following criteria: Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; Is associated with the lives of persons important in our past; iii. Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or Resolution No. 08-42 Pag~ei ~~~stin • Page 25 3. Environmental Analysis iv. Has yielded, or may be likely to yield, information important in prehistory or history (§ 15064.5) The majority of the construction of residential units described in the Housing Element Update would occur at Tustin Legacy. The Program FEIS/EIR identified two discontiguous eligible historic districts in which two hangars are located in Tustin Legacy as historic resources. Pursuant to Section 106, the State Historic Preservation, the Advisory Council on Historic Preservation, the Navy, the City of Tustin, and the County of orange executed a Memorandum of Agreement (MOA) that indentifies measures to mitigate the effects of the destruction of portions of the eligible historic district, including the hangars. If financially feasible for adaptive reuse, both blimp hangars would be preserved. However, if it is determined that it is not financially feasible to retain either of the hangars, removai of the hangars was determined to be a significant unavoidable impact pursuant to CEQA. There is no new technology or methods available to reduce the identified signrficant unavoidable project-specrfic and cumulative impacts to historical resources to a level considered less than significant. Therefore, these unavoidable project-specific and cumulative impacts also occur with development of housing units at Tustin Legacy. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001, to address potential significant unavoidable impacts to historical resources resulting from the removal of the historic resources. No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin and Addendum. Infill developments may occur within the City's designated Cultural Resources Overlay District. Development within this district is required to comply with development standards in the Zoning - Code, including a Design Review process in the District. The Design Review process requires spec'rfic findings to be made to ensure the proposed design is compatible and consistent with the City's Cultural Resources District design criteria and development standards. Compliance with the City's Design Revieev and Certificate of Appropriateness procedures would reduce potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: Applicable mitigation measures have been adopted by the Tustin City Council in the Program FEIS/EIR; these measures are incorporated herein. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-93 to 4-99) and Addendum (Pages 5-40 to 5-45) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Impacts to archeological sites are considered significant only if the sites themselves are deemed significant. .The majority of the housing development identrfied in the Housing Element Upd~~te would be located in the Tustin Legacy. To determine if there are any archeological sites located in the Tustin Legacy, various surveys were conducted. In summary, one archeological site was recorded but it is believed to have been destroyed. The State Historic Preservation Office (SHPO) has concurred with the assessment that the site has been adequately surveyed and the site has = ~ been considered to be insignificant due to its lack of integrity. Therefore, there would not be an adverse affect on the one known archeological resource in the Tustin Legacy. Grading activities at the Tustin Legacy, however, may uncover buried archeological resources. In this case, appropriate Resolution No. 08-42 City of Tustin . age 4 3. Environmental Analysis mitigation measures were identified in the Program EIS/EIR for MCAS-Tustin and are incorporated herein. Infill developments outside of the Tustin Legacy are located in the urbanized areas of the City. The City's General Plan does not identify the infill sites as sensitive areas and there are no known archeological resources exist in the infill sites. However, through City's standard procedures and policies, if buried archeological resources are found, certified archeologists would need to be retained to assess the site significance and perform appropriate mitigation. The implementation of Housing Element Update would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-93 to 4-99) and Addendum (Pages 5-40 to 5-45) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Development anticipated by the housing element would be located mostly in the Tustin Legacy. Grading in the Tustin Legacy may destroy geological deposits within which unique paleontological resources are buried. In anticipation of possible impacts to resources, a Paleontological Resources Management Plan (PRMP) has been prepared which would apply to any type of grading/development activity at the Reuse Plan. The Program EIS/EIR for MCAS-Tustin has incorporated mitigation measures to reduce potential impacts to less than significant levels by requiring certified paleontologists to be retained to assess the site significance of archeological resources and conduct salvage excavation of unique paleontological resources, if they are found. Infill developments would be located in the urbanized areas. The City's General Plan does not identify the infill sites as sensitive areas and there are no known paleontological resources exist in the infill sites. However, through City's standard procedures and policies, if buried paleontological resources are found, a certified paleontologist would need to be retained to assess the site significance and perform appropriate mitigation. The implementation of Housing Element Update would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/E!R for MCAS-Tustin. Sources: Tustin City Code Tustin General Plan Housing Element Update Resolution No. 08-42 Pag~,r y °of ustin • Page 27 3. Environmental Analysis Program EIS/EIR for MCAS-Tustin (Pages 4-93 to 4-99) and Addendum (Pages 5-40 to 5-45) d) Disturb any human remains, including those interred outside of formal cemeteries? Due to past agricultural uses at the Tustin Legacy and current urbanized character of the City, it is considered highly unlikely that any human remains would be uncovered due to the proposad project. For development in the Tustin Legacy, the Program EIS/EIR for MCAS-Tustin has incorporated mitigation measures to reduce potential impacts to less than significant levels by requiring a certified archeologist to be retained to assess the site significance of archeological resources and conduct salvage excavation if any human remains are found. Infill developments would be located in the urbanized areas. Although unlikely, grading of these sites may uncover human remains. If any human remains are found during grading, a qualified archaeologist would be required to assess the site significance and perform the appropriate mitigation. The implementation of the Housing Element Update would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-93 to 4-99) and Addendum (Pages 5-40 to 5-45) 3.6 GEOLOGYAN'D SO/LS a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alqulst-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? -Refer to Division of Mines and Geology Special Publication 42. ii. Strong seisrnic ground shaking? iii. Seismic-related ground failure, including liquefaction? iv. Landslides? Geotechnical hazards that may affect the development of housing units within the Reuse Plan area and Infill areas are either related to seismic events or non-seismic events. Geotechnical hazards not related to earthquake activity include local settlement, regional subsidence, expansive soils, construction-related slope instability, erosion, landslides, and mudflows. Seismic hazards include ~a.., Resolution No. 08-42 City of Tustin ~ age 28 64 3. Environmental Analysis surface default displacement, high-intensity ground shaking, ground failure, ground lurching, tsunami and seiches, and flooding attributable to dam failure after an earthquake. According to the City's General Plan, there are several unnamed faults within 10 to 45 miles of the City, mapped by the Division of Mines and Geology. The fault with the most potential for activity is the EI Modena Fault; however, it and all other faults are considered inactive. The City does not lie within the bounds of an "Earthquake Fault Zone," as defined by the State of California in the Alquist- Priolo Earthquake Fault Zoning Act. There are a number of faults in the southern California area which are considered active and which could have an effect on the site in the form of moderate to strong ground shaking, should they be the source of an earthquake. These include, but are not limited to: the San Andreas fault, the San Jacinto fault, the Whittier-Elsinore fault, the Chino fault and the Newport-Inglewood fault zone. The possibility of ground acceleration or shaking at the site may be considered as approximately similar to the southern California region as a whole. The Newport-Inglewood Fault (about 10 miles southwest of the City) would likely generate the most severe site ground motions. The Newport-Inglewood Fault would be capable of a maximum credible magnitude of 7.1. Estimated peak horizontal ground accelerations resulting from the above-stated maximum credible earthquakes on the Newport-Inglewood Fault are on the order of 0.43g. The duration of strong motion on the Newport-Inglewood Fault would be about 26 seconds fora 7.1 magnitude earthquake and about 11 seconds for a maximum probable earthquake of 5.9 magnitude. Since any areas in the City would be subject to strong ground shaking during major earthquakes, similar to other areas in California, any development that occurs would be required by City Ordinance to comply with seismic design parameters contained in the most current version of the Uniform Building Code for seismic zone 4, Title 24 of the California Building Code, and the standards of the Structural Engineers Association of California. Compliance with these existing building standards is considered the best possible means of reducing seismic hazards. Therefore, no significant impacts are anticipated as a result of implementation of the- Housing Element Update. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-115 to 4-121) and Addendum (Pages 5-46 to 5-49) b) Result in substantial soil erosion or the loss of topsoil? Developments anticipated by the housing element are mostly located in the Tustin Legacy. The Program EIS/EIR for MCAS-Tustin identified the soils in the Tustin Legacy area as expansive, unstable, and subject to erosion. Grading within the Tustin Legacy could result in increased erosion rates, especially if grading is conducted in dry, but windy, summer weather. Such activities are required to comply with existing City regulations related to erosion and runoff control. Once an individual site is graded and landscaping vegetation is established, the erosion potential of the soils would be diminished to a level of insignificance. Therefore, the impact is considered less than significant. Resolution No. 08-42 Pa~'i g stin • Page 29 3. Environmental Analysis Infill areas outside the Tustin Legacy are relatively flat and surface runoff would be similarly controlled by existing City regulations. Future developments would also be required to comply with Best Management Practices and other City regulations to minimize potential erosion and sedimentation impacts into City storm drains. In addition, development sites are required by City Code to be improved with landscaping which would reduce the potential for on-site erosion, after construction. No significant impacts are anticipated. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/ElR for MCAS-Tustin (Pages 4-115 to 4-121) and Addendum (Pages 5-46 to 5-49) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Liquefaction describes a phenomenon in which cyclic stresses, produced by earthquake induced ground motion, create excess pore pressures in relatively cohesionless soils. This occurs in areas '' where the ground water table is within 50 feet of the ground surface. According to the City's General Plan, soils in Tustin are more susceptible to liquefaction in the southern portion of the City. The area ,,,~4 north of the Santa Ana freeway is identified as being moderately susceptible. Soils in the foothill areas are generally not susceptible to liquefaction due to the more solid underlying geologic structure and lower water table. The Tustin Legacy located south of the Santa Ana freeway, has a high probability of liquefaction in the event of a major earthquake. The Program EIS/EIR for MCAS-Tustin addresses potential impacts that may result from liquefaction, and mitigation measures were incorporated to reduce the potential impacts to a level of less than significant. Areas within the Tustin Legacy have also been determined by the State geologist to be within a liquefaction hazard zone. Compliance with existing State and local regulations and standards and established engineering procedures and techniques would provide adequate protection from geotechnical hazards. As a result, the potential impact would be less than significant. Similar to the Tustin Legacy, infill developments outside the Tustin Legacy would also be required to comply with existing State and local regulations and standards, and the State Department of Conservation, Mines and Geology Division's established engineering procedures and techniques, to identify necessary improvements to ensure long-term geotechnical stability. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-115 to 4-121) and Addendum (Pages 5-46 to 5-49) ,, .; Resolution No. 08-42 City of Tustin age 30 4 3. Environmental Analysis d) Be located on expansive soil, as defined in Table 1&1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Developments anticipated by the Housing Element Update consist of development in the Tustin Legacy and Infill areas outside the Tustin Legacy. The Program EIS/EIR for MCAS-Tustin noted that the Tustin Legacy lies within an area of high to very high expansivity of soils. Infill areas outside the Tustin Legacy have not been identified as areas with expansive soils. As part of the City's development review, each development would be required to provide a determination of the expansion potential of on-site soils and implement appropriate remedial measures in accordance with the City's requirements. The measures might include the removal of clay-rich soils and replacement with specific thickness of non-expansive granular soil beneath the structures, concrete slabs, and footings. Mixing during grading of localized expansive soils with granular non-expansive soils could also be used to reduce this hazard. Post-construction drainage control to keep water from collecting under or adjacent to structures might also be used to reduce the hazard. Compliance with State and local regulations and standards, and established engineering procedures would not result in an unacceptable potential risk of loss, injury, or death. Impacts related to expansive soils would be less than significant. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-115 to 4-121) and Addendum (Pages 5-46 to 5-49) e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Developments anticipated by the Housing Element Update consist of development in the Tustin Legacy and Infill areas outside the Tustin Legacy. The implementation of the Tustin Legacy would require improvement to the existing sewer system located at the Tustin Legacy area. The Program EIS/EIR for MCAS-Tustin discusses the needed improvements to accommodate the anticipated development. In general, the existing facilities located in the Tustin Legacy area would ultimately be replaced with installation of new sewer systems. Infill developments are located within urbanized areas of the City. Developments that occur in the infill areas are required by existing City regulation to utilize the local sewer system. Compliance with existing State and local regulations and standards related to soil condition and compliance with the State Department of Conservation, Mines and Geology Division's established engineering procedures would reduce any potential impact to a level of insignificance. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-46 to 5-49) Resolution No. 08-42 Pag~i~ 8f`~cstin • Page 31 3. Environmental Analysis 3.7 HAZARDS AND HAZARDOUS MATER/ALS a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is Included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The Program EIS/EIR for MCAS-Tustin has identified areas with potential environmental contamination and debris on the site as a result of military activities. The Department of the Navy (DON) is in the process of implementing various remedial actions that will remove, manage, or isolate potentially hazardous substances. This is required by the Federal Law. Although the development of residential units within the Tustin Legacy would not result or create significant hazardous substance, recreational uses (commercial, linear parks, etc.) to support the °" residential uses may utilize pesticides. Within the high tech research and development area of the commercial land use designation, various hazardous substances may be used. However, through compliance with existing applicable Federal, State, and local regulations, any potential impacts would be reduced to below a level of significance. Infill developments would be unlikely to use, transport, or dispose significant hazardous materials due to their nature as residential properties. Other than those chemicals typically found in residential properties (i.e. cleaning solutions, fertilizers, etc. regulated by the Orange County Health Department if disposed improperly), no hazard or hazardous materials would likely be transported, used, disposed, released, or emitted. Therefore, no significant impact would result from the infill developments: Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-130 to 4-135) and Addendum (Pages 5-49 to 5-55) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ,,., _,. John Wayne Airport is located approximately two miles southwest of the City of Tustin. This facility is the primary airport serving Orange County. Land use restrictions exist for areas adjacent to and under flight patterns for John Wayne Airport. These regulations restrict sensitive uses in order to ,, Resolution No. 08-42 City of Tustin • a e 4 9 3. Environmental Analysis minimize the potential loss of life and property in the event of an aircraft accident, to reduce noise impacts, and to reduce the risk of aircraft colliding with tall buildings or other structures. The developments anticipated by the Housing Element Update consist of developments in the Tustin Legacy and infill areas outside the Tustin Legacy. The aircraft pattern for John Wayne Airport crosses north of the westerly portion of Tustin and in the vicinity of Red Hill Avenue, adjacent to the Tustin Legacy area. According to Airport Land Use Commission (AELUP), no restrictions are in place in conjunction with possible crash zones. However, the Tustin Legacy falls within a 20,000 foot area of concern for buildings with heights ranging from 110 feet to 200 feet. Any structures within the Tustin Legacy that exceed the height thresholds would be subject to review by the Federal Aviation Administration (FAA) and the Airport Land Use Commission. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 3-13 to 3-17) and Addendum (Pages 5-49 to 5-55) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? There are no private airstrips located within the City of Tustin; therefore, the proposed project would not result in any significant safety hazards from private airstrip/airport related activity. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 3-13 to 3-17) and Addendum (Pages 5-49 to 5-55) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? The proposed project would not conflict with the City of Tustin's emergency response or evacuation plans. As housing units at the Tustin Legacy area develop overtime, a new roadway network system would be added in accordance with the phasing plan described in the Program EIS/EIR for MCAS- Tustin. The new roadway system includes an emergency response plan and emergency evacuation plan. Therefore, no adverse impact would be anticipated. With respect to the infill areas, no conflict with the City of Tustin's emergency response or evacuation plans would be anticipated. Compliance with the City's Land Use Element, Circulation Element, and Public Safety Element would ensure that proposed developments would not interfere or impair the implementation of an adopted emergency response plan or emergency evacuation plan. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Resolution No. 08-42 Pag~e'i~ @~~tstin ~ Page 33 3. Environmental Analysis Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin and Addendum (Pages 5-49 to 5-55) h) Expose people or structures to a significant risk of loss,. injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The Orange County Fire Authority (OCFA) identified two major sections of the City-residential and commercial districts south of the Santa Ana Freeway and north of Edinger Street-as having inherent fire danger problems, which could result in extensive fires under worst-case conditions. This whole area includes high-density residential development composed of wood frame buildings with shake shingle roofs. The second area of concern is the Peters Canyon area. This is adjacent to a wildland interface area from which natural fires could spread to residential neighborhoods. Urban and wildland fire hazards could result from a number of causes, including arson, carelessness, home or industrial accidents, or from ignorance of proper procedures for home or business repairs. Low water pressures could also contribute to fire hazards in Tustin. The current practice and code requirements for use of fire retardant roofing materials, the enforcement of building code that assure adequate fire protection, the upgrading of emergency water line capacities in conjunction with development as required by the Orange County Fire Authority, and the City's and Orange County Fire Authorities maintenance of its mutual aid agreement with surrounding jurisdictions will reduce the risk of loss, injury, or death from fires. New development as a result of the Housing Element would be required to comply with the City's and OCFA rules and regulations. Thus, any impacts would be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin and Addendum (Pages 5-49 to 5-55) 3.8 HYDROLOGYAND WATER QUAL/TY a. Violate any water quality standards or waste discharge requirements? The Housing Element Update anticipates the development of 2,380 housing units. As these units are developed, wastewater would be discharged into the local sewer system and on-site drainage would flow into the City's existing storm drain system. As part of Section 402 of the Clean Water Act, the U.S. Environmental Protection Agency (EPA) has established regulations under the National Pollution Discharge Elimination System (NPDES) program to control direct storm water discharges. In California, the State Water Quality Control Board (WCQB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. The NPDES program regulates industrial pollutant discharges, including construction activities. The City of Tustin is a co- permittee with the County in the National Pollution Discharge Elimination System (NPDES) permit. Resolution No. 08-42 City of Tustin ~ ~.ge 3p 64 3. Environmental Analysis Future development would be required to comply with the NPDES program. Additionally, through the City's existing regulations, compliance with water quality standards and waste discharge requirements in construction operations is required, thereby reducing potential water quality impacts to a level that is less than significant. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-56 to 5.91) Tustin Water Department and Irvine Ranch Water District b. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Groundwater resources in the area consist of a complex system of aquifers and aquicludes, separated by bedrock or layers of soil. The City of Tustin is located within the East Coastal Plain/Orange County groundwater basin. The City straddles the Irvine, Forebay, and Pressure sub- areas of the Orange County Basin. Within these systems the aquifers are separated by low- permeability strata known as aquitards, which generally limit the vertical hydraulic exchange between the aquifers. The Basin is replenished with flows from the Santa Ana River and imported water supplies purchased from Metropolitan Water District. The Orange County Water District actively and beneficially manages the Basin. The development of 2,380 additional housing units by 2014 would increase water consumption in the City as well as increase dependence on local and imported supplies of groundwater. The Program EIS/EIR for MCAS-Tustin discusses impacts related to groundwater supplies and recharge, and according to the IRWD, there is adequate water capacity to supply civilian reuse development at the former MCAS-Tustin. As in the infill areas, the City's Water Department has also determined that there would be adequate water supply to support infill developments. Therefore, no significant impact to groundwater supplies or groundwater recharge would result from the implementation of the Housing Element Update. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-56 to 5-91) Tustin Water Department and Irvine Ranch Water District Resolution No. 08-42 Pag~ai 8 stin • Page 35 3. Environmental Analysis c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? Erosion is not anticipated to be substantial during construction or operation of developments anticipated by the City of Tustin Housing Element. Development of the Tustin Legacy area would replace undeveloped areas with urban-type development. While the proposed linear parks would provide some pervious surfaces to absorb rainwater, the overall amount of impervious surface would increase, thereby increasing the amount of surface water runoff. Utilizing the existing storm drain system at the former MCAS-Tustin would not be a practical alternative because most of those pipes ar~d channels are undersized. To accommodate the development at the Tustin Legacy, a conceptual storm drain plan has been developed in coordination with the Orange County Flood Control District (OCFCD). This conceptual system includes five major drainage areas with mainline facilities and improvements to the OCFCD Barranca Channel. This system shall be provided by the cities of Irvine, Tustin and OCFCD as a condition or pre-condition of development approvals; therefore, impacts would be less than significant. Infill areas within the City are connected to the City's storm drain system and are not anticipated to create substantial erosion or siltation on- or off-site. In addition, adherence to existing City cosies and required City's standards in the Grading Manual designed to prevent erosion and siltation during the construction phase would reduce potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-56 to 5-91) e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? DE~velopment anticipated by the Housing Element Update involves developing primarily vacant land and some infill land. Since the sites anticipated for development are currently vacant, the construction of proposed housing would increase the amount of impervious surface coverage; thE~refore, the total volume of surface water runoff would be increased by the proposed project, although sediment transport will decrease significantly. Under the NPDES stormwater Permit issued to the County and City of Tustin (as a co-permittee), all development and significant redevelopment must be implemented with pollution control measures more commonly referred to as Best M~inagement Practices (BMPs). Under existing City's regulations, compliance with BMP and other NPDES requirements will reduce potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. ~~-< Resolution No. 08-42 4 City of Tustin • age 3. Environmental Analysis Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-56 to 5-91) f. Otherwise substantially degrade water quality? Development at Tustin Legacy and some of the infill areas would increase the amount of impervious surfaces, particularly by developing areas currently used for agriculture. Contaminants commonly associated with urban development include leaking motor oils, fuels, and other vehicular fluids, and trash can be washed by rain and carried with runoff into local and regional waterways. Under the existing NPDES permit, all development and significant redevelopment must be implemented with non-point source pollution control measures. These existing measures would reduce potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-56 to 5-91) g. Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? The development of housing units at Tustin Legacy is outside of the 100 year flood plain; however, the General Plan Land Use Element identifies some infill residential uses in the 100-year floodplain. Therefore some of the development proposed by the Housing Element could possibly be placed in the 100-year flood zone. In accordance with the City's Floodplain Management Ordinance, the City shall require all new development to comply with provisions to reduce the flood hazards by either anchoring, increasing building elevation, or utilizing materials and equipment resistant to flood damage. Compliance with this existing Ordinance would reduce potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin Floodplain Management Ordinance (Tustin City Code Section 9801 to 9806) Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-56 to 5-91) h. Place within a 100-year flood hazard area structure, which would impede or redirect flood flows? The General Plan Land Use Element identifies some residential uses in the infill areas are located in the 100-year floodplain. The development at the Tustin Legacy; however, is not located within a 100- year flood hazard area structure. Development in areas with flood hazards would be subject to the Resolution No. 08-42 Pac~ei~8~~ustin • Page 37 3. Environmental Analysis existing Floodplain Management Ordinance to limit the personal and property damage that may occur due to flooding and inundation. Compliance with the existing Uniform Building Codes and the Floodplain Management Ordinance would reduce potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin Floodplain Management Ordinance (Tustin City Code Sections 9801 to 9806) Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-56 to 5-91) i. Expose people or t>tructures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? According to the City's Water Department, catastrophic dam failure or flooding resulting from tl~e failrare of any one of the main reservoirs in the Tustin area could generate flooding impacts in the City of -Tustin. The risk of flooding resulting from dam breaches or failures would be reduced by working directly with the State Office of Emergency Services to make physical improvements (if necessary) anti monitor the safety of the reservoirs. With respect to the Tustin Legacy area, if either of the Santiago and Villa Park reservoirs failed during or after a major earthquake, this would cause a flooding impact to the Tustin Legacy area and F, potentially to infill areas. However, both reservoirs have been designed and constructed according to applicable earthquake standards to reduce the chance of reservoir failure. The City has al;;o implemented emergency response plans in the case of an earthquake to respond to this hazard. These plans would ensure the removal of people from the site to avoid loss of human life, but property could be exposed. Property loss would be experienced with reservoir failure, but Icy working directly with the State Office of Emergency Services to make physical improvements (if necessary) and through proper monitoring of the safety of the reservoirs, unacceptable potential ri:~k of loss, injury, or death would be avoided. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-56 to 5-91) Tustin Water Department and Irvine Ranch Water District j. Inundation by seiche, tsunami, or mudflow? A seiche is a surface wave created when a body of water such as a lake or reservoir is shaken, usually by earthquake activity. Seiches are of concern relative to water storage facilities becau:~e inundation from a seiche can occur if the wave overflows a containment wall, such as the wall of a reservoir, water storage tank, dam, or other artificial body of water. Neither the Tustin Legacy arf;a nor the infill areas are located near any confined bodies of water that might be subject 1:o seiche in the event of an earthquake. Resolution No. 08-42 City of Tustin ~ 9e 64 3. Environmental Analysis A tsunami is ocean waves induced by large earthquake. Low-lying coastal areas may be subject to flooding and other related property damage. According to the County of Orange, neither the Tustin Legacy area nor the infill areas lie within an area of tsunami run-up risk. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin and Addendum (Pages 5-56 to 5-91) 3.9 LAND USE AND PLANN/NG a) Physically divide an established community? Development anticipated by the Housing Element Update would involve development of vacant land at Tustin Legacy and infill developments. The implementation of the Housing Element Update would involve a change in land use from vacant to residential urban uses and/or intensification of uses at certain sites.. The change in land use and/or intensification of uses at certain sites however would not significantly divide any community or reduce access to community amenities. Compliance with the Land Use Element of the General Plan and the City's zoning regulations would ensure that the development of new housing units would not divide an established community. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-6 to 4-7) and Addendum (Pages 5-92 to 5- 94} b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Development anticipated by the Housing Element Update would take place on lands designated for residential use by the General Plan and zoned residential per the City's Zoning Ordinance. With respect to the Tustin Legacy area, development would result in substantial change in existing land use by replacing military and agricultural uses with civilian urban uses. Individual, site-specific compatibility impacts are addressed by appropriate site design such as buffering, screening, setbacks, landscaping, etc. with proposed Specific Plan. Infill areas would be developed in accordance with the City's Code that requires compliance with Zoning designations and the General Plan. Therefore, no conflict with any applicable land use plan, policy, or regulations is anticipated nor additional mitigation will be required. Mitigation Measures/Monitoring Required: No mitigation measures are necessary Sources: Tustin City Code Tustin General Plan ~cstin • Page 39 3. Environmental Analysis Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-6 to 4-7) and Addendum (Pages 5-92 to 5- 94) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Development anticipated by the Housing Element Update is located on land designated for residential uses in developed urban neighborhoods and on vacant land at the Tustin Legacy. The proposed project would not conflict with any habitat conservation plans or natural community conservation plans. No significant impacts would result from project development. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin and Addendum (Pages 5-92 to 5-94) 3. !O M/NERAL RESOURCES a) Result in the loss of Availability of a known mineral resource that would be a value to the region and the residents of the state? Currently there are no mineral extraction activities in the City of Tustin. Regionally significant re:~ources are found north of the City in the Cities of Orange and Anaheim, but future developments within Tustin would not impact those resources. No significant impacts are anticipated to result from project development. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin and Addendum (Page 5-95) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? The City does not contain any mineral resource recovery sites or mineral resource recovery areas. No significant impacts would result from the development of the proposed project. No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin and Addendum (Page 5-95) Resolution No. 08-42 City of Tustin : ~~ge ~ 4 3. Environmental Analysis 3.91 /VO/SE a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Noise impacts can be broken down into three categories. The first is "audible" impacts, which refers to increases in noise level that are perceptible to humans. Audible increases in noise levels generally refer to a change of three dBA or more since this level has been found to be barely perceptible in exterior environments. The second category, "potentially audible," refers to a change in noise level between one and three dBA. This range of noise levels was found to be noticeable to sensitive people in laboratory environments. The last category is changes in noise level of less than one dBA that are typically "inaudible" to the human ear except under quiet conditions in controlled environments. Only "audible" changes in noise level are considered as potentially significant. Mobile-source noise (i.e. vehicles) is preempted from local regulation. For mobile sources, an impact would be considered significant if the project were to increase noise by 3 dBA (a barely discernable increase) and the resultant noise exceeded the City's noise standards, or 5 dBA (notable to most people) if the resultant noise remained below City standards. The proposed project site is located within the City of Tustin and thus is subject to the General Plan and existing City's noise ordinances. The General Plan discusses the effects of noise exposure on the population and sets landuse compatibility goals aimed at protecting residents from undue noise. The Plan follows the recommendations set forth in Title 25 of the California Administrative Code and discourages residential development in areas where exterior noise levels exceed 65 dBA CNEL, unless measures are implemented to reduce noise levels to below this value. The Tustin Noise Element contains the following residential noise level standards: Land Use Noise Standards' Exterior Residential -Single-family multifamily, CNEL 45 d6 CNEL 65 d6° du lex, mobile home Residential -Transient lodging, hotels, CNEL 45 dB CNEL 65 d6° motels, nursing homes, hospitals. 1. CNEL: Community Noise Equivalent Level. Leq (12): The A-weighted equivalent sound level averaged over a 12-hour period (usually the hours of operation). 2. Noise Standards with windows closed. Mechanical ventilation shall be provided per UBC requirements to provide a habitable environment. 3. Indoor environment excluding bathrooms, toilets, closets, and condors. 4. Outdoor environment limited to rear yard of single-family homes, multi-family patios, balconies (with a depth of 6' or more), and common recreation areas. Noise Ordinance The Tustin Noise Ordinance establishes standards for maximum noise levels within residential areas in the City. The exterior noise level standard is 65 dBA, and the interior noise level standard is 45 dBA. The City realizes that the control of construction noise is difficult at best. It Resolution No. 08-42 Pac,~ei~ 8~'~estin • Page 41 3. Environmental Analysis does however implement its Land Use Compatibility Standards, which provide development standards for exterior noise levels across the various land use categories. State of California Standards The Calffornia Office of Noise Control has set acceptable noise limits for sensitive usE:s. Sensitive-type land uses, such as schools and homes, are "normally acceptable" in exterior noi.~e environments up to 65 dBA CNEL and "conditionally acceptable" in areas up to 70 dBA CNEL. A "conditionally acceptable" designation implies that new construction or development should Ise undertaken only after a detailed analysis of the noise reduction requirements for each land u.se type is made and needed noise insulation features are incorporated in the design. By comparison, a "normally acceptable" designation indicates that standard construction can occur with no special noise reduction requirements. Future development would be required to comply with the City's Building Code and State's existing regulations on vehicle noise, roadway construction, and insulation standards. This would ensure that noise levels in Tustin residential areas are maintained within acceptable standards that prevent extensive disturbance, annoyance, or disruption. The implementation of the Tustin Legacy would result in additional vehicular noise from trafi~ic generated by new development. Projected noise levels along major roadways are included in tl~e Program EIS/EIR for MCAS-Tustin. The proposed extension of Tustin Ranch Road could expo:~e existing residences to noise levels greater than 65dB(A) CNEL. Some existing residential units within >~ the Tustin Legacy area may experience noise levels greater than 65dB(A) CNEL. With reuse and future development, noise levels at residential and park locations adjacent to Warner Avenue m;~y exceed 65dB(A) CNI.L. The Program EIS/EIR for MCAS-Tustin addresses potential impacts that m~jy result in noise impacts and mitigation measures were incorporated to reduce the potential impacts to a level of less than significant. Infill developments would generate additional noise typically associated with residential uses to tl~e area. However, compliance with the City's existing noise regulations would reduce impacts to a less than significant level. Development of any infill sites adjacent to arterial noise exceeding the maximum noise levels would be required to comply with State and Building Code standards for insulation and interior noise levels. In summary, the implementation of the Housing Element Update would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin, which are hereby incorporated try reference. No mitigation measures are necessary for infill developments. Sources: Tustin City Code (Section 4611 to 4624) Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-231 to 4-237) and Addendum (Pages 5-96 to 5-101) b) Exposure of persons to or generation of excessive groundborne vibration or groundborrae noise levels? Resolution No. 08-42 City of Tustin • ge 4 64 3. Environmental Analysis The development of residential housing units would not result in exposure of people with excessive groundborne vibration or groundborne noise levels. However, during the construction of potential new units, there could be temporary groundborne vibration during the grading of the sites which will be reduced with implementation in the field of City's standard procedures and policies related to construction (i.e. complaints regarding vibration would require construction hours to be altered, replacement of construction equipment to minimize vibration, etc.) Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code (Section 4611 to 4624) Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-231 to 4-237) and Addendum (Pages 5-96 to 5-101) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Traffic related to the increased development contemplated by the Housing Element Update would result in permanent increases in ambient noise levels. The Program EIS/EIR for MCAS-Tustin addresses potential noise impacts that may result from the implementation of the Tustin Legacy and mitigation measures were identified to reduce the potential impacts to a level of less than significant. Infill developments proposed by the Housing Element Update would be required to comply with the City's existing ordinances that would ensure that noise levels in infill areas are maintained within acceptable standards. The implementation of the Housing Element Update, particularly the development at the Tustin Legacy, would potentially create noise impacts. However, the implementation of the Housing Element Update would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. Mitigation Measures/Monitoring Required; No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin. No mitigation measures are necessary for infill developments. Sources: Tustin City Code (Section 4611 to 4624) Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-231 to 4-237) and Addendum (Pages 5-96 to 5-101) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Noise levels associated with construction activities would be higher than the ambient noise levels in the City, but would subside once construction of the residential units proposed in the Housing Element Update are completed. Resnli rfinn Nn flR-4~ Pag(~i~l ®f'~&cstin • Page 43 3. Environmental Analysis Two types of noise impacts could occur during the construction phase. First, the transport of workers and equipment to the construction site would incrementally increase noise levels along site access roadways. Even though there would be a relatively high single event noise exposure potential with passing trucks (a maximum noise level of 86 dBA at 50 feet), the increase in noise would be less than one dBA when averaged over a 24-hour period and should therefore have a less than significant impact at noise receptors along City truck routes. The second type of impact is related to noise generated by on-site construction operations. Local residents would be subject to elevated noise levels due to the operation of on-site construction equipment. Construction activities are carried out in discrete steps, each of which has its own mix of equipment, and consequently its own noise characteristics. Table 2 lists typical construction equipment noise levels recommended for noise impact assessment at a distance of 50 feet. Noise ranges have been found to be similar during all phases of construction, although the erection phase tends to be less noisy. Noise levels range up to 89 dBA at 50 feet during the erection phase of construction, which is approximately 2 dBA lower than other construction phases. The grading and site preparation phase tends to create the highest noise levels, because the noisiest construction equipment is found in the earthmoving equipment category. This category includes excavating machinery (backfillers, bulldozers, draglines, front loaders, etc.) and earthmoving and compacting equipment (compactors, scrapers, graders, etc). Typical operating cycles may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Noise levels at 50 feet from earthmoving equipment range from 73 to 96 dBA. TABLE 1 NOISE LEVELS GENERATED BY TYPICAL CONSTRUCTION EQUIPMENT Type of E ui ment Range of Sound levels Measured dBA at 50 leet Suggested Sound Levels for Anal sis dBA at 50 feet Pile Drivers, 12,000-18,000 ft-Ib/blow 81-96 93 Rack Drills 83-99 96 Jack Hammers 75-85 82 Pneumatic Tools 78-88 85 Pum s 68-80 77 Dozers 85-90 88 Tractor 77-82 80 Front-End Loaders 86-90 88 H draulic Backhoe 81-90 86 H draulic Excavators 81-90 86 Graders 79-89 86 Air Com ressors 76-86 86 Trucks 81-87 86 Source: Noise Control for Buildings and Manufacturing Plants, BBN 1987. All construction-related noise shall be subject to existing Ciry's noise regulations. The City's Noise Ordinance limits construction noise to 7:00 a. m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 5:00 p.m. on Saturdays. All construction activities are prohibited on Sundays and City- observed Federal holidays. Compliance with the construction noise limitations and dBA noise standards would ensure that temporary or periodic noise levels are maintained within acceptable "`" standards. Resolution No. 08-42 City of 7izstin I;a~~1 ~ 64 3. Environmental Analysis Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code (Sections 4611 to 4624) Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-231 to 4-237) and Addendum (Pages 5-96 to 5-101) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? John Wayne Airport is located a little over two miles southwest of the City of Tustin. According to the John Wayne Quarterly Noise Abatement Reports, the noise level resulting from aircraft noise is below the acceptable 65 d6 Community Noise Equivalent Level (CNEL). Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code (Sections 4611 to 4624) Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 3-13 to 3-17) and Addendum (Pages 5-96 to 5-101) John Wayne Airport Quarterly Noise Abatement Reports f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? There are no private airstrips located within the City of Tustin; therefore, the proposed project would not result in any significant safety hazards from private airstrip related activity. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code (Section 4611 to 4624) Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 3-13 to 3-17) and Addendum (Pages 5-96 to 5-101) 3, 7Z POPULAT/ON AND HODS/NG a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The City of Tustin had an estimated population of 72,542 in 2007. The City has experienced rapid population growth over the last 30 years. This population growth has occurred with increases in the number of housing units. The Housing Element Update anticipates an additional 2,380 housing units, including single-family residential and multi-family residential, for development through 2014. The anticipated units are within the constraints set forth in the City's current General Plan. Recnli itinn Nn nR_d7 Pag~ifi~ ~liS~Aistin • Page 45 3. Environmental Analysis The development of an additional 2,380 housing units, of which the majority would be located at the Tustin Legacy, would result in an increase in the City's population and housing over a 20 year period, not a significant impact on the City's population. The development of the Tustin Legacy would also result in the development of affordable housing in selected areas which would address the needs of the homeless, as well as those of low and moderate income. Therefore, the implementation of the Tustin Legacy would provide a beneficial impact. Infill developments that would occur outside the Tustin Legacy area would also generate population and housing growth in the City. However, this growth is insignificant given the City's total population and if is within the constraints set forth in the City's General Plan. This will help the City to achieve its Regional Housing goals. Again, this impact would have a beneficial impact for the City's housing stock. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-14 to 4-21) and Addendum (Pages 5-101 to 5-111) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ~_-~ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Future developments anticipated by the Housing Element Update would be constructed primarily on vacant land in the City. However, there may be new infill construction activities that could result in the displacement of existing housing units, necessitating the construction of replacement housing elsewhere. Consistent with State Law, the City would be required to prepare relocation and,~or displacement plans, where necessary, and to replace units displaced or destroyed and provide relocation services and benefits to displaced households. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-14 to 4-21) and Addendum (Pages 5-101 to 5-111) 3.73 PUBL/C SERV/CES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Resolution No. 08-42 City of Tustin ;~~3~64 3. Environmental Analysis a) Fire protection? b) Police protection? c) Schools? d) Parks? e) Other public facilities? Fire protection The City of Tustin contracts with the Orange County Fire Authority (OCFA) for fire protection services. The Fire Authority maintains three stations in the City. New housing developments would increase demand for fire protection, as well as emergency medical services. Individual development projects would be required to meet existing OCFA regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to the OCFA regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the City, The number of fire stations in the areas surrounding the site will meet the demands created by the proposed project. Police protection The City of Tustin operates its own Police Department. New housing developments at the Tustin Legacy would increase the need for police emergency and protection services. The need for police protection services is assessed on the basis of resident population estimates, square footage of industrial uses, and square footage of retail uses. The Program EIS/EIR for MCAS-Tustin identifies that the need for additional police services could be accommodated at the existing City police station and no new facilities would be required. Schools Development of additional housing would induce population growth, therefore increasing the number of school age children. Of the 2,380 housing units proposed in the Housing Element Update, most housing developments anticipated would be located in the Tustin Legacy. The Tustin Legacy is located within the Tustin Unified School District (TUSD), Irvine Unified School District (IUSD), and Santa Ana Unified School District (SAUSD), The implementation of the Tustin Legacy would provide for two 10-acre elementary school sites and one 40-acre high school site within the TUSD. The TUSD has agreed that these sites would be considered adequate to accommodate new students generated by the Tustin Legacy development, as well as some of the future growth anticipated far the Tustin community as a whole. With respect to the IUSD, the implementation of the Tustin Legacy would provide fora 20-acre school site to IUSD to serve the growing student population within its district. With respect to the SAUSD, although no housing R exists in this area to be reused and no new housing would be constructed in its boundaries, indirectly new students could be generated through the provision of new employment. The commercial uses would generate employment and if new employees were to seek housing in Resolution No. 08-42 Pac~ei~ g~ ~istin • Page 47 3. Environmental Analysis locations served by the SAUSD, they would indirectly generate students. However, where these students would locate within SAUSD is not known at this time, and accordingly, construction or housing impacts cannot be identified. There is no impact on community college facilities because students in Tustin can attend any community college in the County. Therefore, except for construction level impacts which will be mitigated to a level of insignificance due to required compliance with existing City regulations, no other school impacts are anticipated. With respect to the infill areas, all potential sites are located within the TUSD boundaries. Fut~~re anticipated growth for the anticipated infill sites will be assessed school impact fees to accommodate any impacts to existing schools. Parks The City of Tustin currently has 12 parks and 4 community/recreation facilities. The implementat;on of the Tustin Legacy would provide new park sites. These park sites include a regional park, a community park, and several smaller neighborhood parks. A privately owned linear park would be constructed as well but would be available for public usage. These facilities would provide park and recreation opportunities to the population of the Tustin Legacy areas as well as the City and t:he region and their development will not result in a significant impact on the environment. Once constructed, these parks would meet residential population demand. Existing parks iri the City of Tustin will serve new infill development as well. Other public facilities Most bf the development of these new housing units would be provided within the Tustin Lega~;y. The Program EIS/EIR for MCAS-Tustin discusses impacts related to other public facilities that rr,ay result from the implementation of the Tustin Legacy. These facilities include libraries and recreational bikeway/trails. • Library Using the County's criteria, the implementation of the Tustin Legacy would result in a demand of up to approximately 2,500 square feet of library space. This relatively small amount of space is well below the library system's general minimum size of 10,000 square feet for a branch library, and would not trigger the need for a new facility. Therefore, there would be no significant effects on the environment. Nevertheless, a new library twice the capacity of the existing library is being constructed to accommodate existing and future Tustin residents. • Recreational Bikeway/Trails Implementation of the Tustin Legacy would include bikeway/riding and hiking trails, although such is not required by the Housing Element Update. This system would connect vital links necessary for a comprehensive regional and improved local bikeway/riding and hiking trail system and would be a beneficial impact. With respect to the infill areas, consistent with the policies of the City's Circulation Element, the City would support and coordinate the development and maintenance of bikeway/riding a~~d hiking trails with the County of Orange. As development of bikeways/trails occurs, City regulations would reduce construction related impacts to a level of insignificance. Resolution No. 08-42 4 City of 73.estin • age 3. Environmental Analysis Mitigation/Monitoring Required: No mitigation is required. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-56 to 4-70) and Addendum (Pages 5-112 to 5-122) 3.14 RECREAT/O/V a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? The City of Tustin has 16 parks and recreation facilities on approximately 82 acres and, through the school district, operates school playgrounds. In addition, the City maintains one senior citizen center and three family and youth community centers. The implementation of the Tustin Legacy would provide new park sites to serve residents generated under the Housing Element Update. There is no evidence that the infill development or Housing Element Update will cause or accelerate the physical deterioration of parks. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-56 to 4-70) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? New development anticipated by the Housing Element Update would increase the demand for parks and recreation facilities in the City. The implementation of the Tustin Legacy would provide new park sites. These park sites include approximately 296 acres of public and private parkland which comprises of 202 acres of public parks and recreational areas (including the 84.5 acres of Urban Regional Park). Since sufficient parkland is provided within Tustin Legacy, development of new housing units would not generate an increase in the use of existing off-site parks and recreational facilities. However, the development of these facilities will result in construction level impacts that can be mitigated to a level of insignificance under existing City regulations. Infill developments would likely utilize the City's existing recreational facilities. Therefore, no significant impact would result from the development of infill areas. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan ~,;~, Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-56 to 4-70) and Addendum (Pages 5-122 to 5-127) Resolution Nn (1R-4~ Pag;~~ ~f` ~'&stin • Page 49 3. Environmental Analysis 3.15 TRANSPORTAT/ON/TRAFF/C a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? The Housing Element Update anticipates development of over 2,380 housing units required by the Regional Housing Needs Assessment (RHNA). This development would be located in the Tustin Legacy and at infill sites. The additional development and associated traffic volumes of developing the Tustin Legacy are included in the traffic analysis portion of the Program EIS/EIR for MCAS-Tustin. As the impacts of traffic due to housing alone were not separated out and analyzed, the following discussion includes impacts due to commercial, industrial, and institutional uses, as well as housing. In general, a number of intersections would be significantly impacted at the buildout of the Tustin Legacy. Most of these impacted can be mitigated to a level of less than significant. However, significant traffic impacts would remain at the intersections of Tustin Ranch Road and Walnut Avenue, and Jamboree Road and Barranca Parkway until full builtout (year 2020). Infill areas are located within the established street system. Although traffic in the City of Tustin is within the acceptable level of service standard, there are intersections that are at an unacceptable level of service. Through the City's existing Design Review process, development located at an unacceptable level of service which contributes 1 percent or more of traffic will be assessed with mitigation fee as part of the City's Capital Improvement Program. In addition, where applicable, the City would require dedication of right-of-ways and/or require developers to construct the needed improvements to improve the level of service. Therefore, compliance with the existing City's regulations would reduce potential traffic impacts to a level that is less than significant. In summary, the implementation of the Housing Element Update, particularly the development at the Tustin Legacy and infill locations, would potentially result in ummitigable impacts at two intersections described above. However, the implementation of the Housing Element Update would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin. No mitigation measures are necessary for infill developments. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin Addendum (Pages 5-127 to 5-146) (Pages 4-139 to 4-163 and 7-32 to7-41) and b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Potentially Significant Impact. The City's Circulation Element establishes a standard for a Level of Service (LOS) "C" or better for major intersections in the City; the City considers LOS "A" through "C" as acceptable, and LOS "D" or greater as unacceptable. The County's Congestion Management Plan (CMP) indicates the LOS should be LOS "E" or better for CMP roadways (freeways and major highways). Resolution No. 08-42 Page 57 of 64 City of Tustin • Page 50 3. Environmental Analysis Development anticipated by the Housing Element Update would be provided in the MCAS-Tustin Tustin Legacy and at Infill land. The Program EIS/EIR for MCAS-Tustin provides traffic impact analysis and mitigation measures to address the requirements of the Growth Management Plan and the Congestion Management Plan to reduce the impacts to a level of insignificance. In general, a number of intersections would be significantly impacted at the builtout of the Tustin Legacy. Most of these impacted can be mitigated to a level of less than significant. However, significant traffic impacts would remain at the intersections of Tustin Ranch Road and Walnut Avenue, and Jamboree Road and Barranca Parkway under full builtout (year 2020). Infill developments would be subject to review to ensure that individual development would not exceed the level of service standards, individually or cumulatively. Compliance with the City's Circulation Element and City Ordinances related to streets and highways would reduce potential traffic impacts to a level that is less than significant. In summary, the implementation of the Housing Element Update, particularly the development at the Tustin Legacy, would potentially result in ummitigable impacts at the two intersections described above. However, the implementation of the Housing Element Update would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin. A Statement of Overriding Consideration was adopted by the City Council on January 16, 2001 for the identified unavoidable impact. No mitigation measures are necessary for infill developments. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-139 to 4-163 and 7-32 to7-41) and Addendum (Pages 5-127 to 5-146) c') Result in a change in air traffic patterns, including either an increase in traffic levels or a change In location that results in substantial safety risks? Development anticipated by the Housing Element Update involves the development of 2,380 housing units on parcels of land throughout the City. The anticipated amount of development would not result in any changes to air traffic patterns, nor would the anticipated amount of development result in any substantial safety risks related to aircraft traffic. Compliance with the Airport Environs Land Use Plan standards under existing City ordinances would reduce potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 3-13 to 3-17) and Addendum (Pages 5-127 to 5-146) Resolution No. 08-42 Page 58 of 64 City of Tustin • Page 51 3. Environmental Analysis d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? Any needed traffic improvements associated with the anticipated development would be constructed to the City's existing roadway safety standards. With respect to the development at the Tustin Legacy area, the Program EIS/EIR for MCAS-Tustin includes mitigation measures related to traffic control plans and needed traffic improvements to accommodate the implementation of the Tustin Legacy. With respect to infill developments, compliance with the City's existing public works standards, zoning codes, and fire codes would reduce potential impacts to a level of insignificance. In summary, the implementation of the Housing Element Update would not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin. Mitigation Measures/Monitoring Required: No further mitigation measures would be required beyond those identified in the Program EIS/EIR for MCAS-Tustin. No mitigation measures are necessary for infill developments. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin Addendum (Pages 5-127 to 5-146) e) Result in inadequate emergency access? (Pages 4-139 to 4-163 and 7-32 to7-41) and Housing development projects would be required to conform to existing City regulations that specify adequate emergency access measures. Compliance with the City's public works standards and the Uniform Fire Codes related to emergency access would reduce potential impact to a level of insignificance. Mitigation Measures/Monitoring Required: No mitigation measures are necessary, Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin and Addendum (Pages 5-127 to 5-146} f) Result in inadequate parking capacity? Development anticipated by the Housing Element Update involves the development of residential dwelling units. Each development would be required to satisfy City parking standards under existing City regulations. Compliance with the City's parking standards would ensure adequate parking capacity be provided as developments occur. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Resolution No. 08-42 City of 7tcstin ~ ~ge 64 3. Environmental Analysis Program EIS/EIR for MCAS-Tustin (Pages 4-4 to 4-7) and Addendum (Pages 5-127 to 5- 146) g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g. bus turnouts, bicycle racks)? City of Tustin residents have access to several forms of alternative transportation such as the Metrolink, buses, and bicycle paths. The development of 2,380 housing units would impact public transit by creating additional demand for bus service. At the same time, the new arterial roadways proposed through the Tustin Legacy area would provide opportunities for future bus routing, serving persons residing and working in the Tustin Legacy area. The new routes would provide improved service with more direct routes for riders not associated with the Tustin Legacy. The Orange County Transportation Agency (OCTA) prepares regular updates of the countywide transit system. Bus stops would be included in the updates and would be accommodated as development occurs. In addition, a commuter rail station located at the corner of Jamboree Road and Edinger Avenue provides transit opportunities to residents and workers. The Tustin Legacy also identifies additions to the bikeway system, providing additional segments and greater connectivity. The added bike trails would provide an overall benefit to the County bike trail system. Infill developments would be located in the established area, and it would be unlikely to conflict with adopted policies, plans, or programs supporting alternative transportation. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-139 to 4-163 and 7-32 to7-41) and Addendum (Pages 5-127 to 5-146) 3.76 [/T/L/T/ES AND SERV/CE SYSTEMS a) Exceed wastewater treatment requirements of the applicable Regional Water Duality Control Board? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand In addition to the provider's existing commitments? Wastewater originating from the proposed new housing units would be treated by facilities owned by the Irvine Ranch Water District (IRWD) and/or the Orange County Sanitation District (OCSD). OCSD provides sewage treatment service to the City of Tustin. Sewage from the City is diverted to Reclamation Plant Number 1 located in the City of Fountain Valley. For the Tustin Legacy, the Program EIS/EIR for MCAS-Tustin indicates that implementation of the Tustin Legacy will cause additional demand on the existing sewer system from increased sewage flows. The OCSD and IRWD has confirmed that sewer treatment facilities will be adequate to Resolution No. 08-42 Pa~~ g~ ~tstin • Page 53 3. Environmental Analysis accommodate the Tustin Legacy development. As in the infill areas, the development would create an insignificant impact on wastewater treatment facilities. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-147 to 5-164) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Increased water consumption would result in a higher demand for water resources. Most housing developments under the Housing Element Update would occur within the Tustin Legacy. The Tustin Legacy is located within the water service jurisdiction of the Irvine Water Ranch Districts (IRWD). The IRWD imports approximately 67 percent of its water via Metropolitan Water District (MWD). The remaining 33 percent is predominantly pumped from local wells. IRWD has indicated that they would be able to provide water services to the project area and thus the impact would be less that significant. Infill projects would be served by existing systems owned and operated by the City of Tustin and IRWD. -r Reclaimed water for non-domestic uses such as for agriculture and landscape irrigation is treated at the district's Michelson Reclamation Plant and used as reclaimed water. Potable Water supply is purchased by the IRWD and the City of Tustin from the MWD distribution system or pumped from local wells. Sewer lines in Tustin are owned and maintained by the Orange Couhty Sanitation District (OCSD) and IRWD. With the implementation of the MCAS-Tustin Tustin Legacy, a new water and sanitary sewer system would be necessary. The only impacts would be construction level; these impacts would be mitigated to a level of insignificance by existing City regulations to reduce construction impacts. With respect to the infill areas, replacement of existing facilities with new residential units would not create the need for a new water or wastewater facility. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-147 to 5-164) Tustin Water Department and Irvine Ranch Water District c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Storm drainage is provided through reinforced concrete pipes and open channels throughout tl~e City. Storm water flows are directed towards Orange County Flood Control open channels or indirectly to the Santa Ana River. Storm water in the City generally flows in a general southwesterly Resolution No. 08-42 City of Tustin ~ 9e 5 64 3. Environmental Analysis direction towards the Pacific Ocean. The City maintains an NPDES co-permit with Orange County for storm drain facilities serving Tustin. New development in the Tustin Legacy would require improvement to the existing storm drain system. A conceptual storm drain plan has been developed in coordination with the Orange County Flood Control District (OCFCD). The improvement would include five major drainage areas with mainline facilities and improvements to the OCFCD Barranca Channel. New retention basins would also be incorporated to handle storm flows from the Linear Park of the Tustin Legacy. Other on-site facilities would discharge into the County's existing regional facilities. Construction level impacts would be mitigated to a level of insignificance by existing City regulations to reduce construction impacts. With respect to the infill areas, replacement of existing facilities with new residential units would not create the need for a new water or wastewater facility. New development in the infill areas would utilize existing storm drain lines. Compliance with NPDES requirements through the development review process would reduce potential impacts to a less than significant level. Mitigation Measures/Monitoring Required: • No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-147 to 5-164) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Most of the new housing development would occur within the Tustin Legacy. The area is located within the water service jurisdiction of the Irvine Water Ranch Districts (IRWD). The IRWD imports approximately 67 percent of its water via Metropolitan Water District (MWD). The remaining 33 percent is predominantly pumped from local wells. The increase in water consumption that may occur with new development anticipated by the Housing Element Update would not result in significant impacts to local and imported water supplies requiring new or expanded entitlements. According to the IRWD, there is adequate water capacity to supply civilian reuse development. In the infill areas, no impact to the existing water supply owned by the City of Tustin is anticipated. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-147 to 5-164) Tustin Water Department and Irvine Ranch Water District. Resolution No. 08-42 Pag~e~ @,~~tstin • Page 55 3. Environmental Analysis f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? The Frank R. Bowerman Landfill is the primary facility that receives solid waste from Tustin. This landfill is scheduled to be closed in the year 2024. Based upon the 1998 County of Orange determination, only about 18 percent of the maximum capacity hase been used. Accordingly, the landfill has ample capacity to accommodate solid waste generated by the Housing Element Update. Further, the City has adopted a Source Reduction and Recycling Element (SRRE) that provides implementation programs for achieving a 50 percent reduction in the City's solid waste stream. All new development is required by existing City regulation to comply with the SRRE programs. Therefore, impacts related to solid waste would be less than significant. Mitigation Measures/Monitoring Required: • No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-147 to 5-164) g) Comply with federal, state, and local statutes and regulations related to solid waste? The developments anticipated by the Housing Element Update include 2,380 additional units. Although there would be increased generation of solid waste due to the proposed project, solid waste disposal facilities in Orange County would have ample capacity to accommodate solid waste generation. All new development would be subject to the existing SRRE requirements and thus would reduce solid waste generation. The impacts are not significant. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 4-32 to 4-46) and Addendum (Pages 5-147 to 5-164) 3, 77 MANDA TORY F/ND/NGS OF S/GN/F/LANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Resolution No. 08-42 City of Tustin ~g 64 3. Environmental Analysis The adoption of the Housing Element Update would not cause negative impacts. However the implementation of the Tustin Legacy could cause significant impacts to the environment. These impacts are identified in the Program EISIEIR for MCAS-Tustin and Addendum, and there are no additional impacts that would be created. On January 16, 2001, the City Council considered the benefits of the General Plan Amendment incorporating the Tustin Legacy and balanced those benefits against the unavoidable effects related to aesthetics, cultural, and paleontological resources, agricultural resources, traffic/circulation, and air quality. A Statement of Overriding Consideration was adopted along with the General Plan Amendment. Mitigation Measures/Monitoring Required: No mitigation measures are necessary. Sources: Tustin City Code Tustin General Plan Housing Element Update Program EIS/EIR for MCAS-Tustin (Pages 5-1 to 5-11) Resolution No. 08-42 Pag~i g stin ~ Page 57