HomeMy WebLinkAbout12 QUITCLAIM MCAS 12-03-01 NO. 12.
AGENDA REPORT '"'"
· . 400-10
MEETING DATE: DECEMBER 3, 2001 ' '
TO'
WILLIAM A. HUSTON, CITY MANAGER
FROM'
SUBJECT:
REDEVELOPMENT AGENCY STAFF ,.'" ,
ACCEPTANCE OF QUITCLAIM FOR PARCEL 5, MCAS TUSTIN AND
AUTHORIZATION TO ENTER INTO A GROUND LEASE WITH THE
ORANGE COUNTY RESCUE MISSION
SUMMARY
Tustin City Council approval is requested prior to City of Tustin acceptance of Parcel 5, a
5.1-acre property located at the former Marine Corps Air Station (MCAS) Tustin, from the
Department of Navy and authorization to enter into long-term Ground Lease between the
City of Tustin and Orange County Rescue Mission
RECOMMENDATION
It is recommended that the City Council'
1. Approve the use of the Final Environmental Impact Statement/Environmental
Impact Report (EIS/EIR) for the Reuse and Disposal of MCAS Tustin as satisfying
the requirements for CEQA for the City of Tustin's acceptance of Quitclaim for
Parcel 5 and approval of a Ground Lease between the City of Tustin and the
Orange County Rescue Mission by adopting Resolution No 01-116, and;
1. Authorize the City Manager to accept and execute the Quitclaim for Parcel 5
(Exhibit 1) and any other supporting documents needed to affoct the transfer of the
site from the Department of Navy to the City of Tustin, and;
2. Approve the Draft Ground Lease between the City of Tustin and Orange County
Rescue Mission and authorize the City Manager and/or Assistant City Manager to
make minor changes to the Draft Lease as a result of further negotiations with the
Orange County Rescue Mission and to execute the Ground Lease subject to
approval by the City Attorney of all Lease documents.
FISCAL IMPACT
Parcel 5 is being conveyed from the Department of Navy to the City of Tustin at no cost.
The property is currently interim-leased by the City of Tustin to the Orange County Rescue
Mission who is rosponsible for funding all costs associatod with the uso of tho proporty.
Through the execution of the Ground Lease, the Orange County Rescue Mission will be
City Council Report
Quitclaim for Parcel 5 & Ground Lease
December 3, 2001
Page 2
required to fund all future costs associated with the property. No net costs to the City of
Tustin are anticipated provided the Ground Lease is executed for the subject property.
BACKGROUND/DISCUSSION
MCAS Tustin was a military installation that was officially closed on July 2, 1999 under the
Defense Base Closure and Realignment Act of 1990. In October 1996, the City of Tustin,
the Local Redevelopment Authority (LRA) for MCAS Tustin, completed a Reuse Plan for
MCAS Tustin (amended in 1998). In addition to identifying new land uses for the former
base property, the Reuse Plan also provides the LRA's recommendations to the Navy
when disposing certain MCAS Tustin property for public benefit and homeless use.
Pursuant to the Base Closure Community Redevelopment and Homeless Assistance Act
(Redevelopment Act), the Reuse Plan and Homeless Assistance Plan approved by the
federal Department of Housing and Urban Development recommended that a 5.1-acre
parcel, including two existing 192-unit barrack buildings 553 and 554, be conveyed by the
Department of the Navy to the City of Tustin for subsequent long term leasing to the
Orange County Rescue Mission. The Orange County Rescue Mission is working with its
architects and City staff to convert the property into a state-of-the-art homeless transitional
housing use that will support up to 192 residents. Interior modifications have already
begun on two existing barrack buildings on the site under the City's existing Interim Lease
of the premises from the Department of the Navy and our previously approved Sublease
with the Orange County Rescue Mission.
Acceptance of the Quitclaim for Parcel 5 from the Department of Navy will provide the City
of Tustin no-cost legal ownership of the site.' Following execution of a ground lease with
the Orange County Rescue Mission, full redevelopment of the site by the Orange County
Rescue Mission can occur subject to conditional use permit and design review approval.
The project will provide an important transitional housing opportunity to the community.
The Major provisions of the proposed Ground Lease are outline below:
Term of Lease- The term of the Lease will be for a period of twenty (20) years with
two, five (5) year extensions possible.
Rent- The Lease is in support of the Orange County Rescue Mission and
Redevelopment Act and lease payments are not authorized. To the extent that the
City incurs any operating costs or expenses (i.e. utility provision), the Tenant must
reimburse the City.
City Council Report
Quitclaim for Parcel 5 & Ground Lease
December 3, 2001
Page 3
Construction of Improvements- Tenant is responsible for construction of certain
improvements at the premises which include modification to existing barrack
buildings 553 and 554 and the addition on the premises of several new common
area dining and living space improvements.
Use and Occupancy- Tenant may only use and occupy the premises for purposes
providing shelter and assistance to the homeless.
Insurance- Tenant is required to provide significant public liability and property
damage insurance with a combined single limit of $1million dollars. Workers
Compensation and fire and "all risks" insurance covering the replacement value of
the premises is also required. The Tenant must also indemnify and hold harmless
the City, its employees and agents against all claims arising out of Tenant's use of
the premises.
Other Obligations- Tenant is responsible for maintaining the Premises in a safe and
clean condition.
Final negotiations on a few portions of the Draft Ground Lease have not been completed
and the City is still awaiting several of the exhibits from the Orange County Rescue
Mission. So as to permit execution of the Lease prior to December 31, 2001, staff
requests that the City Council delegate to staff the authority to complete negotiations and
any minor changes to the Lease including Lease exhibits subject to approval of all
documents by the City Attorney.
ENVIRONMENTAL CLEARANCE
On January 16, 2001, the Tustin City Council certified the Joint Final Environmental Impact
Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of the
Marine Corps Air Station (MCAS) Tustin (the Program EIS/EIR). The United States Navy
issued a Record of Decision on the Program EIS/EIR in March 2001. The MCAS Tustin
EIS/EIR was a Program EIR/EIS, which examined development of 1606 acres. Pursuant
to the California Environmental Quality Act (CEQA) Guidelines Section 15168, the City of
Tustin has completed an environmental checklist and determined that all effects
associated with the proposed acceptance of the Quitclaim for Parcel 5 and Ground Lease
approval were adequately 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
City Council Report
Quitclaim for Parcel 5 & Ground Lease
December 3, 2001
Page 4
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
project that would substantially reduce effects of the project that have not been considered
and adopted. The Environmental Analysis Checklist For Projects With Previously
Certified/Approved Environmental Documents prepared for this project is on file with the
Redevelopment Agency. Staff recommends that the City Council concur with this
conclusion with approval of Resolution No. 01-116.
Christine A. ShingletQ~
Assistant City Manager
Attachments
Attachment 1- Quitclaim
Attachment 2- Draft Ground Lease
Attachment 3-Resolution No. 01-116
RDA\CC quitclaimparcel5.doc
Attachment I
RECORDING REQUESTED BY'
The City of Tustin
WHEN RECORDED MAIL TO:
City Manager
300 Centennial Way
Tustin, CA 92780
Space Above This Line Reserved for Recorder's Use
QUITCLAIM DEED AND ENVIRONMENTAL RESTRICTION
PURSUANT TO CALIFORNIA CIVIL CODE § 1471
This Deed is made this~ day of ,2001, by the
UNITED STATES OF AMERICA, acting by and through the Department of the
Navy, (herein called "Grantor")in favor of the CITY OF TUSTIN, a municipal
corporation of the State of California ("Grantee").
RECITALS
A. The Defense Base Closure and Realignment Commission's
recommendations for 1991 included the closure of the former Marine Corps Air
Station, Tustin ("the Installation").
B. In accordance with the Base Closure Community Redevelopment and
Homeless Assistance Act of 1994, Grantee adopted a redevelopment plan for
the Installation. A component of that plan calls for the Grantee to acquire a
parcel of approximately 5.11 acres improved with two residential structures for
subsequent lease to a non-profit homeless assistance provider. The provider, in
turn, plans to provide transitional housing and supportive services to the
homeless. The parcel is more particularly described in Exhibit "A" which is
attached hereto and made a part hereof as if set out at length (the "Property").
Grantee and the homeless assistance provider have entered into a legally
binding agreement dated October 1996, as amended February 1997, to
implement this component of the redevelopment plan (the "Binding Agreement").
The plan was approved by the U.S. Department of Housing and Urban
Development on March 24, 1998.
C. In accordance with the provisions of the Community Environmental
Response Facilitation Act, Grantor prepared an Environmental Baseline Survey
(EBS) for the Installation dated April 1994. On March 12, 1998, the California
Department of Toxic Substances Control concurred with Grantor that no
hazardous substances or petroleum products or their derivatives were known to
have been released or disposed of on the Property. In February 2001, a
Basewide EBS was issued which supplements the 1994 EBS. A Finding of
Suitability to Transfer (FOST) regarding the Property was executed on August
29, 2001. Grantee acknowledges that it has received copies of the EBS and
FOST, together with all documents referenced therein.
CONVEYANCE, COVENANTS AND CONDITIONS
1. Grantor, in consideration of the foregoing, the performance by Grantee of
its covenants, conditions and restrictions hereinafter contained and other good
and valuable consideration, the receipt of which is hereby acknowledged, does
hereby remise, release and forever quitclaim to Grantee, its successors and
assigns, any and all right, title and interest in and to the Property, reserving only
such rights which the UNITED STATES OF AMERICA has in and to the Property
as may arise from the operation of the covenants, conditions and restrictions of
this deed.
2 Grantee covenants for itself, its successors and assigns, that it will utilize
the Property in accordance with the Binding Agreement.
3. In accordance with the provisions of 42 U.S.C.
§ 9620(h)(4)(A), Grantor has identified the Property as one on which no
hazardous substances and no petroleum products or their derivatives are known
to have been released or disposed of. The Department of Toxic Substances
Control of the State of California has concurred with this identification.
4. Grantor covenants that any response action or corrective action found to
be' necessary after the date of this deed shall be conducted by the United States;
provided, however, that the foregoing covenant shall not apply with respect to
any release or threat of release caused by Grantee or its successors or assigns.
If, and to the extent it is applicable, Grantor's obligation to indemnify and hold
harmless the Grantee against toxic torts and other environmental claims shall be
in accordance with Public Law 102-484, Section 330, as amended.
5. In connection with Grantor's covenant made in paragraph 4, Grantee
agrees on behalf of itself, its successors and assigns, as a covenant running with
the land, that Grantor, and its officers, agents, employees, contractors and
subcontractors, shall have the right, upon reasonable notice to Grantee, to enter
upon the Property in any case in which a response or corrective action is found
to be necessary at such property after the date of this deed, or such access is
necessary to carry out a response action or corrective action on adjoining
property. Neither Grantee, nor its successors and assigns, shall have any claim
2 Quitclaim Deed to City of Tustin
11/27/2001
on account of such entries against the United States or any of its officers,
agents, employees, contractors or subcontractors.
3 Quitclaim Deed to City of Tustin
11/27/2001
6. The right to enter described in paragraph 5 shall include the right to
conduct tests, investigations and surveys, including, where necessary, drilling,
testpitting, boring and other similar activities. Such right shall also include the
right to construct, operate, maintain or undertake any other response or
corrective action as required or necessary including, but not limited to,
monitoring wells, pumping wells and treatment facilities. Any such entry,
including such activities, response or corrective actions, shall be coordinated
with the Grantee or its successors and assigns, and shall be performed in a
manner which minimizes a) any damage to any structures on the Property and,
b) any disruption or disturbance of the use and enjoyment of the Property.
7. In connection with Grantor's remedial actions described in paragraph 5,
Grantee agrees on behalf of itself, its successors and assigns, as a covenant
running with the land, to comply with the provisions of any health or safety plan
in effect during the course of any such action.
8. Grantee covenants for itself, its successors and assigns, that it will comply
with all applicable provisions of the Civil Rights Act of 1964, section 504 of the
Rehabilitation Act of 1973, and the Age Discrimination in Employment Act of
1975 in the use, occupancy, sale or lease of the Property. The foregoing shall
not be construed to prohibit the operation of federal or state approved programs
focusing on the special needs of the homeless, veterans, victims of domestic
violence and other classes of persons at risk; nor shall it be construed to prohibit
employment practices not otherwise prohibited by law.
UNITED STATES OF AMERICA
By
Real Estate Contracting Officer
Southwest Division
Naval Facilities Engineering Command
4 Quitclaim Deed to City of Tustin
11/27/2001
ACKNOWLEDGMENT OF GRANTEE'S COVENANTS
TO INDICATE ACCEPTANCE of its covenants and agreements contained
in this deed and receipt of the documents described in paragraph C above,
Grantee has executed this document on the date written below.
CITY OF TUSTIN
Dated'
William A. Huston, City Manager
Attest'
PAMELA STOKER
City Clerk
Approved as to Form:
LOIS E. JEFFREY
City Attorney
Quitclaim Deed to City of Tustin
11/27/2001
EXHIBIT A
, 3
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PSOHAS
Leg al Desci i
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Exhibi ,.,'A ,,
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.Parcel'5
In the City of Tustin, County of Orange, State of California, being that portion of Block 10
of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous
Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of
Records of Survey, both of the records of said County, described as follows:
Parcel 5
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of
Valencia'Avenue as shown on said Record of Survey, the centedine of Red Hill Avenue
between Valencia Avenue and Warner Avenue Bears North 40°37'39'' East for the purpose
of this description; thence South 49°20'07" East 103.05 feet; thence
South 40039'53" West 52.00 feet to, the true point of beginning; thence
Sou/h'49°20'07'' East 3.18 feet to the beginning of a curve concave southwesterly having a
radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet.through a central
angle of 1 °54'51" to .the beginning of a compound curve concave southwesterly having a
radiffs of 42.00 feet, a radial line to said beginning bears North 42034'44" East; thence,
southeasterly along said curve 11.95 feet through a central angle of 16°18'19"; thence
South 31-°06'57'' East 31.73 feet to the beginning of a curve concave m)rtheasterly having a
· radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central
angle of 12°42'56"; thence South 43049'53" East 61.09 feet to the beginning of a curve
concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve
14.33 feet through a central angle of 14°09'14"; thence South 57°59'07'' East 36.66 feet to
the beginning of a curve concave southwesterly having a radius of 42100 feet, thence
southeasterly along said curve 10.38 feet through a central angle of 14°09'17"; thence
South 43°49'50" East 9.46 feet to the beginning of a curve concave .northeasterly having a
radius' of 1452.04 feet; thence southeasterly along said curve 64.40 feet through a central
·
angle of 2°32'29"; thence South 02051'08'' East 23.41 feet; thence South 47°19'39'' East
Page 1 of 3
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PSOHAS
Legal Description
Exhibit :'A"
Parcel 5
11.70 feet; thence South 40029'44'' West 282.84 feet to the beginning of a curve concave
southeasterly having a radius of 362.00 feet; 'thence southwesterly and southerly along said
curve 214.11 feet through a central angle of 33°53'18'. to the beginning of a reverse curve
concave northwesterly having a radius of 14.50 feet, a radial line to said beginning bears
south 83°23'34" East; thence southerly and southwesterly 21.89' feet along, said curve
· through a central angle of 86028' 53"; thence North 86°54'41" West 259.66' feet; thence
North 80023'59.' West 76.58' feet'to the beginning of a curve concave northerly having a
radius of 25.00 feet; 'thence westerly 13.54' feet along said curve'through a central angle of
31 °01 '38"; thence North 49°22'21" West ~31.81 feet to a line that is parallel with and
72.00 feet southeasterly of the centerline of said Red Hill AvenUe; thence along said
parallel line North 4003.7'39.' East 17.73 feet; thence leavin, g said parallel line
South 49°22'21" East 5.00 feet to a~line that is parallel with and 77.00 feet southeasterly of
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the centerline of said Red Hill Avenue; thence along said parallel line ~
North 40°37'39.. East 700.00 feet to a point lying South 85038'32'' West 36.79 feet from
the true point of beginning; thence leaving said parallel line North 85°38'32TM East
36.79 feet to the true point of beginning.
Excepting therefrom the following described parcel:
Parcel ID
Beginning. at the hereinbefore described tree point of beginning for Parcel 5; thence
South 49020'07" East 3.18 feet to the beginning of a curve concave southwesterly having a
radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet through a central
angle of 1 °54'51" to the beginning of a compound curve concave southwesterly having a
radius of 42.00 feet, a radial line to said beginning bears North 42o34'44" East; thence
southeasterly along said curve 11.95 feet through a central angle of 16°18'19"; thence
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PS OI AS
Legal Description
Exhibit "A" parcel 5.
South 31 °06'57" East 31.73 feet to the beginning of a curve concave northeasterly having a
radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central
angle of I'2°42'56"; thence South 43°49'53" East 61.09 feet to the beginning of a curve
concave northeasterly having a radius'of 58.00 feet; thence southeasterly along said curve
14.33 feet through a central angle of 14°09'14"; thence South 57o59'07'' East 36.66 feet to
the be~nning of a curve concave southwesterly having a radius of 42.00 feet, thence
southeasterly along said' curve 10.38 feet through a central angle of 14°09'17"; thence
South 43049'50'' East 9.46 feet to the beginning of a curve concave northeasterly having a
radius of 1452.04 feet; thence southeasterly along said ~curve 64.40 feet through a central
angle of 2°32'29"; thence South 02°51'08" East 23.41 feet; thence South 47019'39'' East
11..70 feet; thence South 40°29'44'' West 47.00 feet; thence,North 49°19'54'' West
· .351.89 feet to _a poi. nt on a line paralJel with and 77.00 feet southeasterly of the centerline
of said Red Hill Avenue; .thence along said parallel'line North 40°37'39" East 59.07 feet to
a point lying South 85o38'32" West 36.79 feet from the point of beginning; thence leaving
said parallel Ii_ne North 85o38'32" East 36.79 feet to the point of beginning
Containing 222,511 Square feet or 5.11 acres, more or less.
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As shown on Exhibit "B" attached hereto and by this reference made a part hereof.
22 Prepared under my supervision
24 Walter A. Sheek P.L.S. 4838
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·
Date
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EXHIBIT B
Ld
F~S 07--,101,*_.5
-- VALENCIA AVE.
S4-0"39'53"W N42'34'44"E
52.00'
P.O.B. PCC (RAD)
9'20'07"E
03.05'
07'
PARCEL 1 D
NOT A PART
N49" 19'54"W 351.89'
4.7.00'
BEARING :,TABLE
(~ BEARING DISTANCE
L1 S49'20'b'7'"E · '.3,18'
L2 S51'06'57"E 31.73'
L3 S43'49'53"E 61.09'
,.
L4 S5~'59'07"E 36~6'
L5 S45"49'50"E 9.46'
L6 S02'~)1'0~"'~ ' 23.4.1'
L,7 S47' 1'9'39"~E' 11".70'
LB, , N40'57'39"E,,, 17.7,,3'.
, L9 S49'22'21"E .5,00".,
_":: LIO" N85'38'32"E 36,79'
L 11 N80'~3.'59"W 76.,58'
' PARCEL 5
5,1 AC.
,, ,
CURVE TABLE
, , _
c~1 RADIUS LENGTH DELTA
1548:04' 45.04' 0'1'54'51"
(~2 ,, 42.00' 11.9,~' 16'18'19"
_ C3 58.00' 12.87' ;12'~-2'56"
C4 58.00'' '14.53' i14-09'14"
C5 4-2.00' 10.38',' 'i 4'09'17"
C6 1452.04' 64.40' 02'32'29"
C7' 14.50' 21.89" 86'28'53"
C8 25.'00' 13~54' ' ,31'01'38"
· ,
.11;30/12
1.¢,d131-39
c~
I
N4.9'22'21 "W
1,.31.81'
N49'22'21 "W
72.00' ' '(
'.~ ,
~ ""'I .... WARNER AVE.
0 50 100
SCALE: 1"= 100'
DESCRIPTION: PUBUC BENEFIT CONVEYANCE PARCEL 5 SHEET 1 OF 1 SCALE 1"=100'
,
DRAFTED RAT
MCAS-TUSTIN
PSOMAS
3187 R~d Hil A~e
~uite 250
Cra. lo lle~, C,~ 92626
(714) 751-7373 Fox(II4)545--88B3
CHECKED LS
DATE JUNE, 2000
JOB
NUMBER 2TUS010200
Attachment 2
DRAFT
GROUND LEASE BETWEEN
THE CITY OF TUSTIN
AND
ORANGE COUNTY RESCUE MISSION
This Lease is made and entered into by and between the CITY OF TUSTIN ("City"), a
general law city and municipal corporation ("Landlord") and the Orange County Rescue
Mission, a non-profit tax exempt 501(c) (3) corporation, ("Tenant"), with respect to the
following facts:
RECITALS
Ae
Landlord is the owner of certain real property located in the City of Tustin, County 0f
Orange, and State of California as more particularly described in Exhibit A and as shown
on Exhibit B, attached hereto and made a part hereof (the "Premises").
Be
Landlord in October 1996 entered into a Homeless Assistance Agreement
("Agreement") with Tenant to implement homeless programs to fulfill the requirements
of the Base Closure Community Redevelopment and Homeless Assistance Act of 1994
("Redevelopment Act"), and to implement programs that address' the needs of the
homeless on certain premises at the former Marine Corps Air Station (MCAS)-Tustin.
The Agreement was subsequently amended with a First Amendment ("Amendment") on
February 4, 1997.
Ce
Landlord is prepared to enter into a Lease with Tenant to accomplish the objectives of the
Agreement and its Amendment and it has been determined by Landlord that it shall be in
the public interest to Lease the Premises herein described to Tenant, upon the terms and
conditions set forth herein ("Lease").
De
te
On September 27, 1999 Landlord and Tenant entered into the Agreement of Sublease for
the sublease of Buildings 553, 554 and 557 and associated land and equipment at Marine
Corps Air Station, Tustin ( the "Sublease"). The Sublease was conditioned upon the
execution of a Prime Lease between the Landlord and the United States of America,
acting by and through the Department of the Navy ( the "Prime Lease"). The Prime
Lease was executed, and Tenant has been occupying the Premises under the Sutilease
since September 1997.
Landlord and Tenant intend that this Ground Lease supercede the Sublease in its entirety.
NOW, THEREFORE, in consideration of the promises and mutual covenants herein the
Parties agree as follows'
GL/CAS/Agmts/11/26/01 1
TERMS AND CONDITIONS OF LEASE
1. AGREEMENT TO LEASE PREMISES
Landlord hereby agrees to Lease to Tenant the Premises and Tenant hereby agrees to Lease the
Premises from Landlord. This Ground Lease supercedes the Sublease in its entirety and is
intended to be a novation under California Civil Code Section 1530.
2. TERM AND OPTION TO RENEW
2.1 Tenn. Subject to Subsections 2.3 and 14.2, the term ("Term") of this Lease shall
be twenty years (20) years commencing on ("Commencement Date") and
ending on ("Expiration Date"), unless sooner terminated as
provided herein.
2.2 Commencement of Possession. If Landlord is unable to give possession of the
Premises on the Commencement Date because the Premises are not ready for occupancy, the
Landlord shall not be subject to any liability for the failure to give possession on said date.
Under such circumstances, unless the delay is the fault of Tenant, no such failure to give
possession on the Commencement Date shall in any way affect the validity of the Lease or the
obligations of Tenant hereunder nor shall same be construed in any way to extend the term.
2.3 Option to Renew. Provided that Tenant is not in default in the performance of
this Lease, Tenant shall have the option to renew the Lease for two (2) additional terms of five
(5) years each commencing at the expiration of the initial term. All of the terms, covenants and
conditions of this Lease shall apply during the renewal term(s). The options(s) to renew shall be
exercised by written notice given to Landlord not less than ninety (90) days prior to the
Expiration Date of the initial term and for such subsequent renewal term as provided herein.
3. RENT
For purposes of this Lease, Base Rent and Additional Rent are hereinafter collectively
referred to as Rent.
3.1 Base Rent. As consideration for the continued possession, operation and
maintenance of the Premises under this Lease, Tenant shall maintain a continuing use on the
Premises in accordance with the Redevelopment Act; operate the Premises at no cost to the City;
maintain responsibility for all operating expenses of the Premises, including but not limited to
utility costs to all buildings and facilities on the Premises and all other costs related to the
development and operation of the Premises, including without limitation, capital improvements,
maintenance, insurance, taxes, code compliance, and provisions for any necessary security, and;
comply with all terms, covenants and conditions of this Lease as provided herein.
3.2 Additional Rent. All sums payable to Landlord under this Lease not otherwise
payable as Base Rent shall be deemed Additional Rent ("Additional Rent").
GIdCAS/Agmts/11/26/01 2
3.2.1 Subject to all provisions of Section 3.2 and Seetion 20 of this Lease,
Tenant shall reimburse Landlord for Landlord's "Operating Expenses" for the Leased Premises.
Operating Expenses shall mean those costs and expenses incurred or paid on behalf of Tenant in
connection with the operation and maintenance of the Premises pursuant to this Lease; this
includes, but is not limited to, utility charges for electricity; natural gas, water, and wastewater
treatment/sewage; and any other costs and expenses incurred by Landlord for the Premises.
Nothing in this Lease commits the Landlord to provide utilities or services
referenced herein or in Section 20. Tenant agrees to obtain needed utility services from 'any
private or municipal supplier who should, during the term of the Lease, become able to deliver
such services to the Premises. In the event, Landlord ceases to provide utilities or services and
the Tenant is able to secure these utilities or services, any Additional Rent charges will be
adjusted downward by Landlord.
If Landlord incurs any unanticipated costs which are specifically attributable to an
action or inaction of the Tenant, its Landlord approved sublessees, or assignees, the Tenant and
Landlord shall meet and confer on ways to avoid or mitigate such costs and, if they cannot be
entirely avoided, the Landlord shall determine the amount that the Tenant shall pay to Landlord
to defray those costs that cannot be avoided or mitigated.
3.2.2(a) Tenant agrees to pay one month in advance as Additional Rent and on
the first day of the month Tenant's share of estimated Operating Expenses, payable each and
every month thereafter until, if the term of the Lease is extended, payment for the term of the
Lease is made in full. ·
3.2.2(b) Tenant hereby covenants and agrees to pay the Additional Rent pursuant
to this Section 3.1.2, without further demand thereof and without any set-off or deduction
whatsoever. Failure of Landlord to provide Tenant with an estimate or revised estimate of
Tenant's share of Operating Expenses shall not constitute a waiver by Landlord of its fights to
require an increase in Additional Rent nor shall such failure deprive Tenant of a decrease in
Additional Rent, as the case may be.
3.2.2(c) In addition, if, as determined on an annual basis by Landlord and based
on actual Operating Expenses incurred, Tenant's share of Operating Expenses is greater than or
less than the aggregate of all installments paid on account to Landlord for such operating year,
Tenant shall pay promptly to Landlord the amount of such underpayment, or Landlord shall
credit Tenant for the amount of overpayment, as the case may be. It is the intention hereunder to
estimate the amount of any Operating Expenses each year of this Lease and then to adjust such
estimate based on actual Operating Expenses incurred and/or paid by Tenant. Any payment,
refund or credit made pursuant to this Section shall be made without prejudice to any fight of
Tenant to dispute, or of Landlord to correct, any items pursuant to the provisions of Subsection
(d) below.
3.2.2(d) Within thirty (30) days of receipt of a statement of the actual Operating
Expenses or special costs ( Section 3.2.2), Tenant or its authorized representative shall have the
fight to inspect the books of Landlord during the business hours of Landlord at such location as
GL/CAS/Agmts/11/26/01 3
Landlord may specify to verify information in such statement. Unless Tenant notifies Landlord
of specific errors in writing within thirty (30) days after delivery of such statement, the statement
shall be deemed to be correct.
3.2.3 Special Costs. In addition to the Operating Expenses described above,
Tenant shall also be required to reimburse Landlord for any special costs incurred by Landlord
that are specifically attributable to any action (or inaction) of Tenant. Landlord will advise
Tenant of those costs on a monthly basis. Tenant shall be obligated to pay Landlord within thirty
(30) calendar days of the date of any invoice
3.2.4 Place of Payment. All Payments due and owing shall be made by Tenant
and shall be made payable to the City of Tustin and delivered to the City of Tustin
Redevelopment Agency at 300 Centennial Way, Tustin, California, 92780, or to a third party at
such other place as Landlord may designate in writing from time to time.
3.2.5 Late Charge. If any payment of or any party thereof to be made by Tenant
to Landlord pursuant to the terms of this Lease shall become overdue for a period in excess of
fifteen (15) calendar days, a late charge equal to ten (10) percent of such overdue amount shall
be paid by Tenant for the purpose of defraying the expense incident to handling such delinquent
payment, together with interest from the date such payment or part thereof was due, at the default
rate of ten (10) percent.
3.2.6 No Waiver. Nothing herein or in the imposition or acceptance of a late
charge or interest by Landlord shall be construed as a waiver of any rights of Landlord arising
out of any default of Tenant; the fight to collect any late charge or interest is separate and apart
from any fights or remedies of Landlord relating to any default by Tenant.
3.2.7 Survival. The obligations of Tenant with respect to payment of any
Additional Rent due and payable shall survive the termination of this Lease.
·
3.2.8 Net Lease. Tenant hereby acknowledges and agrees that this Lease is
intended to be triple net Lease to Tenant, as such term is commonly used for leasing of industrial
properties, and except as expressly stated herein. Landlord is not responsible for any costs,
charges, expenses and outlays of any nature whatsoever arising from or relating to the Premises,
or the use and occupancy thereof, or the contents thereof or the business carried on therein, and
that Tenant shall pay all charges, impositions, costs and expenses of every nature and kind
relating to the Premises except as expressly otherwise agreed herein. As set forth in this Lease in
Sections 3.2, 9 and 20, all costs of maintenance and repair of the Premises, all costs of insuring
the Premises as identified in Section 20 and all taxes as that term is defined in Section 19 of this
Lease attributable to the Premises shall be paid by Tenant.
4. SECURITY DEPOSIT
4.1 Upon or after the Commencement Date and prior to taking possession of the
Premises, Tenant shall pay to Landlord a security deposit in the sum of $2,500. In the event that
the Landlord has an existing security deposit in its possession from the Tenant, no additional
GL/CAS/Agmts/I 1/26/01 4
security deposit shall be required. In lieu thereof of posting a security deposit, Tenant may
deposit said amount in a bank or other financial institution whose deposits are federally insured,
provided that a certificate of deposit is delivered to the City Manager giving Landlord the
exclusive right to withdraw any or all of said amount at any time during the term of this Lease.
Tenant shall be entitled to any and all interest accruing from said certificate of deposit.
A. Said sum shall serve as security for faithful performance of all covenants,
promises and conditions assumed by Tenant herein, and may be applied in satisfaction and/or
mitigation of damages arising from a breach thereof, including, but not limited to, delinquent
payments; correction of maintenance deficiencies securing required insurance; completion, of
construction; and payment of stop notices or claims of mechanics liens. Application of amounts
on deposit in satisfaction and/or mitigation of damages shall be without prejudice to the exercise
of any other rights provided herein or by law to remedy a breach of this Lease.
B. In the event any or all said amounts is applied in satisfaction and/or
mitigation of damages Tenant shall immediately deposit such sums as are necessary to restore
the security deposit to the full amount required hereunder.
Ce
any amounts that may
Said sum shall be returned to Tenant upon termination of this Lease less
be withheld therefrom by Landlord such heretofore provided.
5. CONDITION OF PREMISES AND REPRESENTATIONS
5.1 Condition of Premises "As Is". The Premises is Leased to Tenant in an "as is"
condition, without representation or warranty of any kind from Landlord in regard to conditions
existing or discovered on the Premises, including hazardous substances or hazardous waste that
may be located on, under, or around the Premises, whether known or unknown.
Landlord has provided the Tenant with a copy of the Department of the Navy's Finding
of Suitability to transfer, which addresses the Premises. Tenant has reviewed and acknowledged
receipt of the report and has also inspected the Premises and knows and accepts the Premises in
its present condition and state of repair and Tenant hereby agrees that Landlord shall not be
liable for any latent or patent defect thereon. Tenant acknowledges and agrees that Landlord
makes no representation or warranty c0nceming such condition and state of repair, its fitness,
availability and suitability for the uses intended by tenant including, without limitation, any
future construction upon the Premises, or any agreement or promise to alter, improve, adapt,
repair or keep in repair the same, or any item thereof, which has not been fully set forth in this
Lease.
5.2 Powers of Landlord. Tenant acknowledges that Landlord is a governmental entity
that, in addition to being owner of the Premises, exercises certain police powers, taxation
powers, and other governmental powers, duties and authorities over the Premises and
improvement thereon. This Lease shall not in any way affect the exercise of such powers, duties
and authorities.
5.3
Representations of Landlord. Landlord represents and warrants as follows:
GIdCAS/Agmts/11/26/01 5
5.3.1 That it has the power and authority to enter into this Lease, and to lease the
Premises to Tenant on the terms set forth in this Lease, and that the execution and delivery
hereof and the performance by Landlord of its obligations hereunder shall not violate or
constitute an event of default under the terms or provisions of any agreement, document or
instrument to which Landlord is a party or by which it is bound.
5.3.2 That all necessary actions and proceedings required to be taken by or on
behalf of Landlord to authorize it to make, deliver and perform the terms of this Lease have been
or shall be duly and properly taken prior to the Commencement Date, and that this Lease is a
valid and binding obligation of Landlord.
5.3.3 That it has no actual knowledge of any Hazardous materials on the Premises
except as has been disclosed in the Department of the Navy's Finding of Suitability to Transfer,
a copy of which is attached hereto as Exhibit "F" and incorporated herein by this reference.
5.4
Representations of Tenant. Tenant represents and warrants as follows'
5.4.1 That it has the power and authority to enter into this Lease, and to lease the
Premises from Landlord on the terms set forth in this Lease, and that the execution and delivery
hereof and the performance by Tenant of its obligations hereunder shall not violate or constitute
an event of default under the terms or provisions of any agreement, document or instrument to
which Tenant is a party or by which its bound.
5.4.2 That all necessary actions and proceeding required to be taken by or on behalf
of Tenant to authorize it to make, deliver and perform the terms or this Lease have been or shall
be duly and properly taken prior to the Commencement Date, and that this Lease is a valid and
binding obligation of Tenant.
. 5.4.3) That it is a tax-exempt organization under Section 501 (c) (3), 501 (a) (9), or
other similar provision of the Internal Revenue Code of 1986 and understands that it shall be
required to maintain such status throughout the term of this Lease
5.5 Title Insurance. On the Commencement Date, Landlord shall provide Tenant, at
Tenant's expense with an ALTA lessee's policy of title insurance from a title insurer and in a
form reasonably acceptable to Tenant and for a mutually agreeable liability amount, insuring
Tenant's Leasehold Estate, subject to such permitted exceptions as are shown in Exhibit A
hereto. Landlord and Tenant shall cooperate and execute and deliver all documents necessary
for the issuance of such policy.
6. CONSTRUCTION OF IMPROVEMENTS
6.1 Tenant shall construct on the Premises certain improvements as provided for in:
(a) the Scope of Development (Exhibit C); (b) this Lease; and (c) all plans approved by Landlord
(hereinafter referred to as the "Improvements").
GL/CAS/Agmts/11/26/01 6
6.2 Basic Concept Drawings. Tenant shall prepare and submit for Landlord's review
and written approval basic concept drawings and related documents for the Improvements to be
made to the Premises. The Premises shall be improved as established in the approved basic
concept drawings and related documents, except as changes may be approved in writing by both
Tenant and Landlord. Any such changes shall be within the limitations of the Scope of
Development (Exhibit C).
6.3 Construction Plans, Drawings and Related Documents. Tenant shall prepare and
submit preliminary and, thereafter, final construction plans or other drawings or plans and all
related documents pertaining to the Premises (the "Construction Drawings") to Landlord for
Landlord's review and written approval within the time established in the Schedule of
Performance, as defined in Section 6.6, below. Construction Drawings are hereby defined as
those required for, and in sufficient detail to obtain, City of Tustin land use entitlement and
building permits for all Improvements for which permits are required.
6.4 Landlord Approval of Construction Drawings. Subject to the terms of this Lease,
Landlord shall have the fight of architectural and site planning review of all Construction
Drawings including any changes thereto. However, nothing herein shall relieve Tenant of any
obligation to submit plans and other documents required for any development permits or
building permits, to City departments or other public agencies ("Agencies").
Landlord shall approve or disapprove the Construction Drawings within the time
established in the Schedule of Performance (Exhibit D). Failure by Landlord to either approve or
disapprove the Construction Drawings within the time established in the Schedule of
Performance shall be deemed approval of the same. Any disapproval shall state in writing the
reasons therefore and the changes which Landlord requests be made. Such reasons and such
changes must be consistent with the Scope of Development (Exhibit B) and any items previously
approved or deemed approved hereunder by Landlord. Tenant shall revise such construction
Drawings and resubmit them to Landlord as soon as possible after receipt of the notice of
disapproval, and in no event later than thirty (30) days after receipt of the notice of disapproval.
If Tenant desires to make any changes to the Construction Drawings after their approval
by Landlord, Tenant shall submit the proposed change to Landlord for its approval. If the
Construction Drawings, as modified by the proposed change, conform to the requirements of
Section 6.3 of this Agreement, the approvals previously granted by any governmental Agency
(ies), and the Scope of Development (Exhibit C), Landlord shall approve the proposed change
and notify Tenant in writing within thirty (30) days after submission to Agency. Such change in
the Construction Drawings shall, in any event, be deemed approved by Landlord unless Landlord
delivers to Tenant, within such thirty-day period, a written notice of disapproval of the
Construction Drawings, in whole or in part, setting forth in detail the reasons for such
disapproval. Tenant, upon receipt of a notice of disapproval, shall review such portions of the
Construction Drawings as are disapproved and resubmit them to Landlord within thirty (30) days
after receipt of the notice of disapproval.
6.5 Cost of Construction. Tenant shall bear the full cost of planning, designing, and
constructing all Improvements on the Premises. Landlord has no responsibility for the
GL/CAS/Agmts/11/26/01 7
improvement of the Premises and nothing herein shall imply, nor be construed to, place any such
responsibility on Landlord.
6.6 Schedule of Performance. Tenant shall begin and complete all construction with
regard to the Improvements on the Premises as provided in the Scope of Development (Exhibit
C) and within the times specified in the Schedule of Performance (Exhibit D). Landlord may, at
its sole discretion and upon written request from Tenant, extend the times specified in the
Schedule of Performance (Exhibit D) dealing with the Construction of Improvements. Any such
extensions shall not be deemed as amendments to this Agreement, as defined in 26.2, hereof.
Any such extensions shall be evidenced by written notice from the City Assistant City Manager
or his/her designee.
6.7 Conditions of Construction.
6.7.1 Required Licenses and Permits. Before commencement of construction of
the Improvements on the Premises, Tenant shall, at its own expense, secure or cause to be
secured, all licenses and permits which may be required by the City or any other governmental
agency affected by such construction. Tenant or the approved contractor must: (a) submit plans
for permits; (b) complete the plan check process: (c) obtain permits:, and (d) commence work,
within the applicable time periods specified in the Schedule of Performance (Exhibit D).
Notwithstanding the foregoing provision, Tenant shall not incur City of Tustin plan check or
permit fees for the construction of Improvements identified in the Scope of Development.
6.7.2 Tenant shall require its contractor's to agree to defend and indenmify
Landlord from the contractor's negligence or willful misconduct in the construction of the
Improvements.
12.
6.7.3
Prior to commencement of construction, Tenant shall comply with Section
ordinances.
6.7.4 Tenant shall comply with all applicable laws and regulations, including City
6.7.5 Quality of Work. All work shall consist of permanent construction of a
good quality high aesthetic design, and all workers and subcontractors shall be skilled in their
trades.
good quality.
6.7.6
Quality of Materials. Unless otherwise specified, all materials shall be of
6.7.7 Maintenance of Site. Tenant covenants and agrees for itself, its
successors, and its assigns, that solely at Tenant's expense, Tenant shall maintain the site during
and after construction and keep the Premises reasonably free from any debris and waste
materials, surplus materials, and surplus equipment.
GL/CAS/Agmts/11/26/01 8
6.7.8 Indemnity. Tenant agrees to defend, indemnify and hold Landlord
harmless from any errors or omissions or willful misconduct by Tenant during any construction
on, or beneath the Premises.
6.7.9
liens or stop notices.
No Liens or Stop Notices.
Tenant shall keep the Premises free of any
6.7.10 Completion of Construction. Upon completion of construction, Tenant
shall furnish Landlord with as-build plans and specifications.
7. USE OF PREMISES
7.1 Use and Occupancy. Tenant covenants and agrees that Tenant shall use and
occupy the Premises only for the purpose of providing shelter and assistance for the homeless
substantially as identified in Tenant's application submitted to the City of Tustin and as reflected
in the Agreement, as may be subsequently amended and approved by Landlord consistent with
the Redevelopment Act and provided that occupancy of the Premises for transitional/emergency
housing shall be subject to issuance by the City of Tustin of a certificate of occupancy to ensure
compliance with Uniform Building Code requirements, as amended by the City, Califomia Title
24 Access Compliance and requirements of the American with Disabilities Act (ADA). During
the Term of this Lease, Tenant shall use the Premises only for the intended purpose identified
herein and for no other use whatsoever unless expressly agree to by Landlord in writing. Tenant
shall not do or permit to be done anything on the Premises which shall invalidate the insurance
policies referenced in Section 11. Tenant further agrees not to engage in any activity or store
upon the Premises such goods, equipment or other items which are inherently dangerous or extra
hazardous (such items or activities that would create a material risk of fire, explosion or
otherwise be materially harmful to the health and safety of persons) on, or about the Premises
without the prior written consent of Landlord which consent shall not be unreasonably withheld.
The covenants expressed in this Section and Subsections 7.2, 7.3, 7.4, 7.5 and 7.6 shall be
covenants running with the land for the term of this Lease
7.2 Compliance with FOST and other Government Documents. Any use or uses of
the Premises shall comply with all terms and conditions of this Lease and with the Department of
the Navy's Finding of Suitability to Transfer (FOST) for the Premises (Exhibit F) and all
conditions expressed therein as well as all conditions expressed in any Categorical Exemption or
other environmental action with respect to the uses of the Premises prepared in compliance with
the National Environmental Policy Act or California Environmental Quality Act.
7.3 Compliance with Law. Tenant shall comply with all applicable governmental
statutes, laws, ordinances, roles, orders and directives, regulations and requirements of the
federal government, state or county government and/or City of Tustin and any and all
departments and bureaus in connection with its use of the Premises, and shall also comply with
all applicable building, electrical, plumbing, and other costs at Tenant's own cost and expense.
Tenant shall neither use or occupy the Premises or any part thereof, nor knowingly permit, the
GIdCAS/Agmts/11/26/01 9
Premises or any part thereof to be used or occupied, for any hazardous, unlawful, or illegal
business, use or purpose, nor in any manner as to constitute a nuisance of any kind, nor in any
manner inconsistent with or in violation of this Lease or any other present or future legal
requirement.
7.4 Hazardous Waste and Storage Tanks. Tenant, without prior written consent of
Landlord, which consent Landlord may not reasonably withhold, and except for those items
normally associated with Tenant's day-to-day business activities, shall not use, treat, store,
generate, emit, or dispose of and not to suffer or permit anyone else to use, treat, generate, emit
or dispose of, whether temporarily or permanently, any hazardous or toxic materials or fumes ("
Hazardous Materials") at, on, or beneath the Premises. "Hazardous Materials" means substances
defined as "hazardous substance", "hazardous materials", or "toxic substances" in the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended,
42 U.S.C. 9601,et seq; the Hazardous Materials Transportation Act, 49 U.S.C. 1801, et seq; the
Resource Conversation and Recovery Act of 1976, as amended, 42 U.S.C. 6901 et seq; and those
substances defined as "hazardous waste" in Section 25117 of the California Health and Safety
Code or as "hazardous substances" in Section 25316 of the California Health and Safety Code;
and substances defined in the regulations adopted in publications promulgated pursuant to such
laws. In the event that Landlord consents to any such use of Hazardous Materials, Tenant shall
not use, treat, store, generate, emit, or dispose of and shall not suffer or permit anyone else to
use, treat, store, generate, emit, or dispose of, whether temporarily or permanently, any
Hazardous Materials at, on or beneath the Premises in violation of federal state, or local law,
regulation, or ordinance. A breach of any other covenants contained herein shall be deemed to
be a material breach. As used herein, "Hazardous Materials" shall include, but not be limited to,
substances defined as "extremely hazardous substances", "hazardous material", "hazardous
waste", "infectious waste", "toxic waste" or "toxic substances" as defined in all applicable
federal, state and local laws, regulations or ordinances (collectively, "Hazardous Materials
Laws"). At all times during the Lease Term, Tenant shall immediately notify Landlord of any
release of Hazardous Materials regardless of the amount and promptly submit to Landlord any
notices it receives from any government entity in connection with a violation or alleged violation
of any Hazardous Materials Laws. No Underground Tanks. Notwithstanding anything to the
contrary in the Lease, Tenant shall not install, maintain or use on the Premises underground
tanks or other underground receptacles of any sort without the prior written consent of the
Landlord, which consent may be granted or withheld in the sole discretion of the Landlord.
Notwithstanding any consent given by Landlord for presence of Hazardous Materials or storage
tanks on the Premises, the Tenant shall be solely responsible for. and shall indemnify, defend,
protect and hold the Landlord, its officers, directors, employees, and agents harmless from and
against any and all losses, costs, damages, claims and liabilities, including attorneys' fees and
costs, arising out of or in connection with any Hazardous Materials brought on to the Premises
by Tenant or underground tanks installed and any removal, clean-up, remediation, and
restoration work or materials required to return the Premises to its condition existing prior to
contamination of the Premises by Hazardous Materials or underground tanks provided such
condition was a result of Tenant's use, occupancy of the Premises, or neglect.
GI_JCAS/Agmts/11/26/01 10
7.5 Responsibility for Occupants. Tenant shall use reasonable efforts to screen all
potential occupants of the Premises and shall endeavor to ensure the absence of violent
individuals on the Premises to the extent such screening is legally enforceable. There shall also
be no tolerance of drugs or alcohol on the Premises. Each of Tenant's staff shall be responsible
for endeavoring to ensure that potential residents of the Premises are not dropped off at the
Premises without adequate screening and that the screening process described in Tenant's
application to the City of Tustin for use of Premises is adhered to.
7.6 Annual Performance Report. Tenant shall provide an annual performance report to
Landlord, due not later than thirty (30) days after the 31st of December of each calendar year
after this Lease has been executed.
7.7 Operating Standards. Tenant shall operate the Premises in accordance with this
Lease. Failure to operate in accordance with this Lease may result in termination of this Lease in
accordance with the default provisions of this Lease.
8. SUBLETTING AND ASSIGNMENT
8.1. Tenant shall not cause, or permit, by operation of law or otherwise, any assignment,
encumbrance or transfer of this Lease or any estate or interest therein without the prior written
consent of Landlord, which consent shall be not be unreasonably withheld. Tenant shall not
sublet the Premises or any part thereof without the prior written consent of Landlord, which
consent shall not be unreasonably withheld. An assignment or subletting shall not relieve Tenant
of any of its obligations or liabilities for the term of this Lease, both Tenant and any subsequent
assignees and sublessees shall be deemed bound hereunder. Landlord's consent to any such
assignment, transfer or subletting shall not constitute consent to any further assignment or
subletting..
8.2 Landlord may, in its reasonable and sole discretion, assign this Lease to another
public entity provided that such entity assumes and agrees to perform Landlord's obligations
hereunder.
8.3 If Landlord approves any assignment of subletting of the Premises or any portion of
the Premises, Tenant shall not collect Base Rent from such assignee or subtenant without prior
written consent of Landlord. Tenant shall continue to be responsible for any Additional Rent
required pursuant to Section 3.2 as applicable and may only collect Additional Rent from an
assignee or sublessee as may be allocable to the assignees space or subleased space as a
percentage of the Premises or based on actual charges that can be allocable to assignee or
subtenant. Upon Landlord's written request Tenant shall promptly furnish to Landlord copies of
all transaction documentations, all of which shall be certified by Tenant to be complete, tree and
correct.
9. PROTECTION AND MAINTENANCE
Tenant, at no expense to Landlord, shall at all times protect, preserve, maintain, repair
and keep the Premises, in good order and condition (including structural and non-structural
conditions), and exercise due diligence in protecting the Premises against damage or destruction
GD'CAS/Agmts/11/26/01 1 1
by fire and other causes, subject to the applicable provisions of this Lease. Tenant shall
promptly make all necessary repairs to the interior and exterior of the Premises and its
Improvements All repairs, alterations, replacements or additions to the Premises and its
Improvements shall be at least equal to the original work in class and quality of materials and
workmanship. When used in this paragraph, the term "repairs" shall include replacements or
renews when necessary.
10. INDEMNITY
10.1 Tenant Indemnification. Tenant shall indemnify and hold harmless Landlord and
Landlord's employees and agents from and against any and all claims arising from Tenant's use
of the Premises, or from the conduct of Tenant's business or from any activity, work or things
done, permitted or suffered by Tenant in or about the Premises and shall further indemnify and
hold harmless Landlord and Landlord's employees and agents from and against any and all
claims arising from any breach or default in the performance of any obligation on Tenant's part
to be performed under the terms of this Lease, arising from any negligent or wrongful act or
omission of Tenant, or Tenant's agents, contractors, employees, or invitees, and from and against
all costs, attorney fees, expenses and liabilities incurred in the defense of any such claim or any
action or proceedings brought thereon.
10.2 Landlord's Indemnification. Landlord shall indemnify and hold harmless Tenant,
and Tenant's employees and agents from and against any and all claims arising from Landlord's
use of the Premises, or from the conduct of Landlord's business or from any activity, work or
things done, permitted or suffered by Landlord in or about the Premises and shall further
indemnify and hold harmless Tenant and Tenant's employees and agents from and against any
and all claims arising from any negligent or wrongful act or omission of Landlord, or Landlord's
agents, contractors, employees, guests or invitees, and from and against all costs, attorney fees,
expenses and liabilities incurred in the defense of any sUch claim or any action or proceeding
brought thereon.
11. INSURANCE
11.1 Without limiting Tenant's indemnification of City, Tenant shall provide and
maintain at its own expense during the Term of this Lease the following policies of insurance
covering its operations hereunder. Such insurance shall be provided by insurer(s) licensed to do
business in, and in good standing in, the State of California, with a Best's Key Rating of at least
A VII and satisfactory to City's Risk Manager and the City Attorney. Evidence of such policies
satisfactory to Landlord shall specifically identify this Lease and shall contain express conditions
that Landlord is to be given written notice at least thirty (30) days in advance of any modification
or termination of any program of insurance. Such policies of insurance, with the exception of
Worker's Compensation insurance, shall be primary to and not contributing with any other
insurance maintained by Landlord, and shall name Landlord and its officers, officials, employees
or contractors as additional insured. An d provide that all losses shall be payable notwithstanding
any act or failure to act or negligence of Tenant or Landlord, or any other person. , The City of
Tustin Insurance Endorsement Form, a copy of which is attached as Exhibit E hereto and
incorporated herein by reference, must be executed by the applicable insurance underwriters and
delivered to Landlord.
GI_JCAS/Agmts/I 1/26/01 12
11.1.1 Liability: Comprehensive General Liability insurance written on an
occurrence basis endorsed for Independent Contractor, Premises-Operations,
Products/Completed Operations, Contractual Broad Form Premises Damage, and Personal Injury
with a combined single limit of not less than ONE MILLION DOLLARS ($1,000,000.00) per
occurrence.
11.1.2 Workers Compensation' A policy of Workers Compensation insurance in
an amount and form to meet all applicable requirements of the Labor Code of the State of
Califomia, including Employers' Liability coveting all persons providing services by or on
behalf of Tenant and all risks to such persons under this Lease.
11.1.3 Premises Coverage: (1) Real Premises - All Risk insurance for the full
insurable replacement cost of the Premises and all Improvements and Alterations with a
deductible no greater that five percent (5%) of the insurance limit for all risk related coverage's,
and (2) Personal Premises Insurance for the actual cash value against the hazards of fire, theft,
burglary, vandalism and malicious mischief.
11.1.4 Deductibles. If any coverages required by Section 11 have a deductible
clause, Tenant shall be liable for any deductible amount.
11.2 Failure on the part of Tenant to procure or maintain required insurance shall
constitute a material breach of this Lease upon which Landlord may immediately terminate this
Lease.
11.3 The workers' compensation and all liability policies are to contain, to be endorsed
to contain, the following provisions:
11.3.1 "The insurer waives any fight of subrogation against the Tenant and the
Landlord which may arise by reason of any payments made under a policy".
11.3.2 Coverage shall not be suspended, voided, canceled, reduced in limits
except after thirty (30) days prior written notice has been given to the Landlord and the Tenant.
11.4 Conduct of Lessee's operations shall not commence until Lessee has complied
with the aforementioned insurance requirements. Further, said operations whether in whole or in
part, shall be subject to suspension by Landlord during any period that Tenant fails to maintain
said policies in full force and effect.
11.5 The specified amount of liability insurance required herein may be subject to
renegotiation on an annual basis. Should either party request renegotiation with respect to the
amount of liability insurance to be provided, the determination thereof shall be established
through mutual negotiations between the parties. Tenant shall continue to provide insurance in
the manner heretofore provided, pending final renegotiation thereof.
GI../CAS/Agmts/11/26/01 13
11.6 No cancellation provision in any insurance policy shall be construed in derogation
of the continuous duty of Tenant to furnish insurance during the term of this Lease. At least
thirty (30) days prior to the expiration of any such policy, a signed and complete certificate of
insurance with all endorsements required by this section, showing that such insurance coverage
has been renewed or extended shall be filed with Landlord.
12. GUARANTEE AND LIEN FREE COMPLETION OF IMPROVEMENTS
12.1 Tenant hereby covenants and agrees to guarantee its performance in construction
of Tenant improvements. Nothwithstanding any consent given by Landlord of Tenant
improvements, the Tenant shall be solely responsible for and shall indemnify, hold harmless and
protect the Landlord, its officers, directors and agents against any any and all claims arising
from Tenant's construction of Tenant improvements, on the Premises including damage to
structures that would preclude completion of Tenant improvements.
12.2 During any period of construction of Tenant improvements herein required or
otherwise authorized, Tenant shall complete such construction free of any liens and stop
notices being placed against the Premises. In the event any lien or stop notice is placed against
the Premises as the result of construction of Tenant improvements as provided hereunder,
Tenant shall take whatever action is necessary to have such lien removed within sixty (60) days
after Tenant becomes aware of such lien or stop notice. Tenant's failure to remove any lien or
stop notice within sixty (60) days shall be considered a material breach and default pursuant to
Section 14.2.2 of the Lease and grounds for immediate termination of the Lease..
13.
QUIET ENJOYMENT
Landlord covenants and agrees that Tenant, upon paying the rent and all other charges
hereunder provided for and observing and keeping all covenants, agreements, and conditions' of
this Lease on its part to be observed and kept, shall quietly have and enjoy the Premises during
the term of this Lease without hindrance or molestation by .anyone claiming by or through
Landlord, subject, however, to the exceptions, reservations and conditions of this Lease.
14.
DEFAULT, CERTAIN REMEDIES, TERMINATION
14.1 Default Notices.
14.1.1 If Tenant fails to observe or perform any term, covenant or condition of
this Lease at any time during the term of this Lease and Landlord concludes that Tenant has not
complied in good faith with the provisions of this Lease, Landlord shall issue a written "Notice
of Default" by certified mail, specifying the grounds thereof and all facts demonstrating such
non-compliance. Landlord shall also provide the Federal Department of Housing and Urban
Development (HUD) with any Notice of Default. Tenant shall have thirty (30) days after receipt
by Tenant of such notice to respond in writing to said notice by either specifying how its non-
compliance has been cured or the grounds upon which it believes that it is complying with this
Lease. Landlord and Tenant shall agree to make good faith efforts to meet and confer in order to
seek informal resolution within the thirty (30) day cure period or such later date established by
GL/CAS/Agmts/11/26/01 14
Landlord. If Landlord has not received a response to the Notice of Default within the prescribed
thirty (30) days, or within such other period of time as established by Landlord, the Notice of
Default shall be conclusively presumed to be valid and Landlord may commence proceedings on
the termination of the Lease pursuant to Section 14.2 herein.
14.1.2 If Tenant ceases to operate the Premises for the purpose of providing
shelter and assistance for the homeless in accordance with the Agreement and Subsection 7.1 of
this Lease for a period of ninety days or longer, or dissolves or is unable to fund its services and
programs on the Premises for any consecutive period of ninety days or longer, Landlord may
elect, by written notice to Tenant, to terminate the Lease pursuant to proceedings on termination
of the Lease pursuant to Subsection 14.1.1 and Subsection 14.2.
14.2 Termination by Landlord
14.2.1 Notwithstanding any other provisions of this Lease, Landlord shall have
the fight to terminate this Lease and to relocate Tenant to another location so long as the
replacement premises is substantially equivalent or comparable, as defined by regulations
contained in Section 92.5 of 32 CFR Part 92, or in the alternative, pay Tenant a cash payment
sufficient to allow Tenant to purchase an alternative replacement premises Other than at the
former MCAS Tustin which is comparable and at least substantially equiValent as the Premises
at the former MCAS Tustin, including the Improvements constructed thereon. Comparability
shall be negotiated in good faith and determined by mutual agreement consistent with Section
92.5 of 32 CFR Part 92. If mutual agreement cannot be reached, a mediator agreed to by both
parties shall be enlisted. If the parties are unable to agree upon a mediator, the American
Arbitration Association (AAA) shall be requested to provide the names of five (5) mediators, and
the parties shall select one (1) of the five (5) to mediate the dispute. It is expressly
acknowledged by Tenant that in such an event that Landlord exercises its discretion under this
section of the Lease and federal regulations, Landlord shall have no greater obligation to Tenant
than defined herein including but not limited to any relocation benefits or other financial
considerations, beyond those expressly provided for in this Lease. In consideration of the
promises and covenants by Landlord herein, Tenant waives any rights it may have under Federal
or State law ( beyond those fights defined in this Section) to relocation benefits or just
compensation in the event that Landlord terminates the Lease pursuant to this Section,
14.2.2 Notwithstanding any other provision of this Lease, Landlord, upon the
occurrence of a default hereunder by Tenant, which default remains uncured by Tenant after any
applicable cure period as provided herein, then in addition to any other remedies available to
Landlord at law or in equity, shall have the immediate option to terminate this Lease and all
fights of Tenant hereunder by giving written notice by certified mail, of such intention to
terminate in manner specified in Section 23. Such written notice of termination shall be effective
as of the date specified therein which shall be at least thirty (30) days after receipt of such notice
by Tenant.
14.2.3 Notwithstanding any other provision of this Lease, Landlord shall have
the fight to terminate this Lease at its sole discretion at any time during the Lease term and to
deed the Premises to Tenant with a reverter clause. Such deed conveyance shall be accepted by
GL/CAS/Agmts/11/26/01 15
Tenant and shall be subject to compliance with the Redevelopment Act and by all other
obligations and restrictions placed on Landlord by the federal government in their conveyance of
the Premises to Landlord. Landlord shall provide the form of the deed to be used.
14.2.4 Tenant hereby releases any and all other claims it might have under the
U.S. and State Constitutions or State law for goodwill, the value of improvement and relocation
assistance in the event of a termination of this Lease by Landlord.
14.3 Termination by Tenant. Tenant shall have the fight to terminate this Lease upon
thirty (30) days written notice by certified mail, return receipt requested to Landlord for any
reason including, but not limited to the event of damage or destruction of all of the
Improvements (including loss of utilities for any reason) on the Premises or such a substantial
portion thereof so as to render the Premises incapable of use for the purposes for which it is
Leased hereunder.
14.4 Damage or Destruction of Premises.
14.4.1 Partial Damage. In the event of partial damage to the Premises, than
Tenant shall be entitled to receive the insurance proceeds attributable to the damage of the
Premises and Tenant shall commence repair of such damage within sixty (60) days of such
damage and this Lease shall continue in full force and effect. For good cause, the time to
commence repair may be extended by written agreement of the parties for up to eighty-five (85)
days. In the event that the required insurance proceeds available to Tenant was not in force or
insurance proceeds are not sufficient to effect such repair (i.e. given deductibles), the Tenant
shall promptly contribute the shortage in proceeds as and when required to complete repairs
and/or provide adequate assurances of their commitments to make such repairs. Such damage
shall not extend the Lease term. Landlord shall have no obligation to pay for the shortage in
insurance proceeds or to restore the unique aspects of the Premises.
14.4.2 Total Destruction. In the event that the Premises shall be damaged
ordestroyed by fire or other cause, so as to render the Premises incapable of use for the purposes
for which it is leased, Tenant shall elect whether to repair the Premises or to cancel this Lease. It
shall notify Landlord in writing of its election within seven (7) days after such damage or
destruction. In the event Tenant elects to repair the Premises, the work or repair shall begin
promptly and shall be carded on without unnecessary delay. In the event Tenant elects not to
repair the Premises, the Lease shall be deemed terminated within thirty (30) days after receipt of
notice by the Tenant that repair will not proceed. In the event that insurance proceeds are
received by Tenant under the Premises casualty policy required to be carded by Tenant, and the
Lease is terminated under this Section 14.4, Tenant shall be entitled .to the portion of such
proceeds attributable to the destruction of the Improvements or Alterations constructed by
Tenant on Premises. Landlords shall be entitled to the portion of proceeds attributable to the real
property, excluding the value of land. If the Tenant does not elect to repair damage or
destruction on the Premises and the Lease is determined terminated, the Landlord shall have no
obligations under Section 14.2.1 of this Lease.
GL/CAS/Agmts/11/26/01 16
15. SURRENDER
15.1 Ownership of Improvements. During the term of the Lease, the Improvements
constructed upon the Premises as herein described shall be and remain the Premises of Tenant.
Upon the expiration or earlier termination of this Lease, the Improvements shall become the
property of Landlord without any fight compensation to and without any further act required of
either Landlord or Tenant subject to Section 15 of this Lease. Notwithstanding the foregoing, in
the event of termination of this Lease by Landlord for any reason other than an uncured material
breach, default of this Lease, Landlord shall have the obligations set forth in Section 14.2.1 of
this Lease.
15.2 Surrender. On the last day of the Term, or upon any earlier termination of this
Lease pursuant to the terms hereof, or upon any reentry by Landlord upon the Premises pursuant
to Section 14 hereof, Tenant shall surrender to Landlord the Premises in good order, condition
and repair (except for reasonable wear and tear, and takings by eminent domain) and free and
clear of all liens and encumbrances (other than (a) those, if any, permitted hereby or otherwise
created or consented to by Landlord, and (b) any Leasehold Mortgage) and if requested to do so,
shall execute, acknowledge and deliver to Landlord such instruments of further assurance as in
the reasonable opinion of Landlord are necessary or desirable to confirm or perfect Landlord's
fight, title and interest in and to the Premises; provided, however, that Tenant shall have no right
to surrender the Premises (except a surrender upon the expiration of the Term or upon
termination by Landlord pursuant to and subject to the provisions of this Lease) and Landlord
shall not accept any attempted surrender unless the prior written consent of any Leasehold
Mortgagee shall have been obtained.
16. RESTORATION
Before the expiration or prior to termination of this Lease, Tenant shall restore the
Premises together with related personal property on the Premises provided with this Lease, and
each item thereof, to the condition in which it was first received and used by Tenant, or to such
improved condition as may have resulted from any Improvement made therein by Tenant,
subject however to ordinary wear and tear and loss or damage for which Tenant is not liable
hereunder, and excluding any trade fixtures or other items of personal property not related to the
real estate and owned by the Tenant or deed conveyed to the Tenant which can be removed by
the Tenant without causing damage to the Premises. The Tenant's obligation pursuant to this
Section shall include removal of all storage tanks installed by or for Tenant, and the removal,
replacement, or remediation of any soil material or groundwater contaminated by Tenant, all as
may be required by applicable Law.
17. ALTERATIONS
17.1 Tenant shall not make alterations to the Premises without Landlord's prior written
consent except as may be identified in Section 17.2. Alterations shall mean any modification,
addition or improvement to the real property or to the Improvements that will be provided, by the
Tenant under the provisions of Section 6 on, at or under the Premises ("Alterations"), whether by
addition or deletion. It is intended by the Parties that Landlord shall have no obligation, in any
GL/CAS/Agmts/11/26/01 17
manner whatsoever, to fund or complete any Alterations to the Premises. Except with respect to
Minor Alterations (as hereinafter defined), Tenant shall process all Alterations, as applicable,
consistent with the provisions of Sections 6.3, 6.4, and 6.7. All Alterations (including, without
limitation, all Minor Alterations) shall be done promptly and in a good and workmanlike manner
and shall be in quality and class at least equal to that of the remainder of the Premises.
17.2 Tenant may from time to time after completion of construction of the Improvements
as provided in Section 6 of this Lease, without Landlord's prior approval, perform Alterations to
the real property or Improvements that are nonstructural Alterations ("Minor Alterations")
provided such Minor Alterations individually meet all of the following criteria:
17.2.1 Would not require Tenant to apply for and obtain a building permit for the
completion of such Minor Alternation.;
17.2.2 Would not result in any violation of any provision of this Lease.
17.2.3 Would not cost in excess of twenty-five thousand dollars ($25,000).
17.2.4 Would not result in a substantial change in the character of the
Improvements or the use for which they were intended or in a substantial change in access or
major entries to, or public areas at ground level of, the Premises;
17.2.5 Would not involve or result in any change in the exterior of the
Improvements that materially changes the design of the Improvements based on the original
approved Plans for the Improvements;
17.2.6 Would not involve or result in any material change in any approved Plans;
the Premises;
17.2.7 Would not be of lesser quality or result in the diminution of the value of
17.2.8
portion thereof.
Would not weaken the structural integrity of the Improvements or any
17.3 Tenant shall not, without the prior written consent of Landlord, demolish or remove
all or any structural part of the real property or any Improvement located upon the Premises,
except any existing improvements on the Premises that are demolished or removed by Tenant in
compliance with the provisions of this Lease.
17.4 In the event that the proposed Alteration to the Improvements represents a
fundamental change (i.e. changes in the location, design, size, elevation, massing, footprint,
character or appearance of the Improvements) from the Approved Construction Plans, such
change shall be submitted to Landlord for approval in the same manner as provided for the
approval of the Plans in Section 6 above.
GL/CAS/Agmts/11/26/01 18
17.5 Notwithstanding anything to the contrary contained herein, Tenant shall have the
same rights to make any Alteration required to be made pursuant to any statutory requirements or
court order as Tenant's fights to construct the Improvements, subject to Tenant's compliance with
the requirements of Sections 6 and 7 and the other provisions of this Lease; provided, however,
that if Landlord has an approval fight hereunder with respect to such Alteration, Landlord shall
not withhold such approval if the Alteration is being made in strict compliance with the
applicable statutory requirement or court order and no alternative means of compliance therewith
is available.
18. LIENS
Tenant shall promptly discharge or cause to be discharged any valid lien, fight in rem,
claim or demand of any kind, except one in favor of the United States, which at any time may
arise or exist with respect to the Premises or Tenant's Improvements or materials or equipment
furnished, or any part thereof, which arises as a result of activities under this Lease, and if the
same shall not be promptly discharged by Tenant, Landlord may discharge, or cause to be
discharged, the same at the expense of Tenant.
19. TAXES/ASSESSMENTS
Tenant shall pay all applicable real property taxes, and/or all possessory interest taxes
applicable to the Premises prior to the delinquency date thereof. Real Property taxes shall
include any form of real estate tax or assessment, general, special, and any license fee,
commercial rental tax, improvement bond or burden, levy or tax (other than inheritance, personal
income or estate taxes) imposed upon the Premises by any authority having the direct or indirect
power to tax, including any city, state or federal government or any school, agricultural, sanitary,
fire, street, drainage or other independent district. Tenant shall also pay and discharge
punctually, as and when due, any and all taxes upon its personal property, equipment and trade
fixtures installed in or about the Premises. Tenant has the fight to apply to appropriate taxing
agencies for any legal exemptions from the imposition of real property taxes or possessory
interest taxes applicable to the Premises, or the imposition of taxes upon its personal property,
equipment, and trade fixtures installed in or about the Premises, or any other exemption,
exclusion, or benefit available to Tenant as a result of Tenant being a non-profit 501(c)(3)
organization.
Tenant acknowledges that certain possessory interest taxes, ad valorem taxes and
assessments related to the Premises that are necessary to pay the City of Tustin the cost of
providing public services to the Premises may be lost to Landlord because of Tenant's tax
exempt status. Tenant shall be required to pay a public services reimbursement charge in the
event that possessory interest taxes and other real Premises based assessments or charges are not
applied against the Premises. Such charge shall be equal to the proportionate costs of providing
municipal services and infrastructure improvements to the Premises and the direct benefit of
such services or improvements to Tenant, including but not limited to costs for police and fire
protection, public works improvements and other community services. The maximum amounts
for the reimbursement charge shall not exceed the amounts that would have been paid as
possessory interest or Premises tax and assessments by a non tax-exempt entity.
GldCAS/Agmts/11/26/01 19
20.
UTILITIES, PUBLIC IMPROVEMENTS AND SERVICES
20.1 Landlord shall have no responsibility pursuant to this Lease for utility lines,
whether located on or off the Premises, serving the Premises or other public improvements
serving the Premises. Tenant shall pay promptly all assessments, deposits, rents, costs,
connection and tap-in fees and other charges for the connection of utilities or installation of
public improvements (where required), including any fees Or charges imposed by any utility
company or governmental entity or agency for making such connections. Tenant agrees to pay
or cause to be paid all charges for gas, water, sewer, electricity, light, heat, power, telephone or
other communications services or cable television and all other utility or service of every nature
and kind used, rendered or supplied to, upon or in connection with the Premises throughout the
Term and shall indemnify Landlord from and defend and hold Landlord harmless against any
claim, liability, damage, loss, costs or expense in connection with such charges. Landlord may,
after giving Tenant at least ten (10) days' notice of its intention to do so, pay any item or items of
such charges which are delinquent or past due, unless Tenant is in good faith contesting the same
with diligence and continuity. If Landlord makes any such payment, Tenant shall on demand
pay and reimburse Landlord therefore, with interest at the rate of seven percent (7%) per
annum from the date of payment by Landlord until Landlord is repaid in full by Tenant.
20.1.1 Tenant expressly agrees that Landlord is not, nor shall it be, required to
furnish to Tenant or any other occupant of the Premises during the Term any public
improvements, gas, water, sewer, electricity, light, heat, power, telephone or other
communications service, or other facilities, equipment, labor, materials, utilities or any services
of any kind whatsoever, whether similar or dissimilar; provided, however, the foregoing shall not
limit any obligation of Landlord in its governmental capacity or under this Lease.
20.2 Existing and Future Easements and Rights-of-Way. This Lease is made and
accepted and the Premises leased subject to all outstanding easements and rights-of-way for
location of any type of facility over, across, in and upon the Premises or any portion thereof.
The Lease shall also be subject to the fight of the Landlord to grant such additional easements
and fights-of-way over, across, in and upon the Premises as it shall determine to be in the public
interest; provided that any such additional easement or right-of-way shall not unreasonably
interfere with the access to, and the use and possession of the Premises. Landlord further
reserves the fight for itself, to grant, transfer, convey, assign, lease, convey in trust, mortgage,
hypothecate or otherwise encumber, the fights hereby excepted and reserved in this Section 1.2
without notice to or necessity of any consent or approval of Tenant.
21. RIGHT OF ENTRY
21.1 Should Landlord determine Tenant to be deficient in its performance of its
obligations under this Lease, in addition to all other available remedies, Landlord may, but shall
not be obligated to enter upon Premises and correct Tenant's deficiencies using Landlord's
forces, equipment and materials suitable for such purposes, or by employing and independent
contractor. Landlord's cost so incurred, including direct and indirect overhead costs as
GL/CAS/Agmts/11/26/01 20
determined by Landlord, shall be reimbursed to Landlord by Tenant and/or its sureties within
thirty (30) days of demand thereof.
21.2 Any officers and/or authorized employees of Landlord may enter upon the
Premises at any time, the case of emergency, and otherwise at all reasonable times for the
purpose of inspecting the condition of the Premises and for determining whether or not Tenant is
in compliance with the terms and conditions of this Lease, or for any other purpose incidental to
the fights of Landlord within the Premises.
21.3 Entry by the officers, employees, agents or independent contractors of Landlord
upon the Premises for the purpose described in this paragraph 21 shall be without prejudice to
the exercise of any other fights provided herein or by law to remedy a breach of this Lease.
22.
NON-DISCRIMINATION AND cIVIL RIGHTS COMPLIANCE
22.1 Tenant hereby certifies and agrees that, in all matters affecting this Lease, it shall
comply with all applicable federal and state laws and regulations prohibiting discrimination.
Tenant also covenants for itself, its successors and assigns, that it will comply with all applicable
provisions of the Civil Rights Act or 1964, section 504. of the Rehabilitation Act of 1973 and the
Age Discrimination in Employment Act of 1975, or as may be subsequently amended, in the use
and occupancy of the Premises and in the construction of Improvements. The foregoing shall not
be construed to prohibit the operation of federal and state approved programs focusing on the
special needs of the homeless, veterans, victims of domestic violence and other classes of
persons at risk; nor shall 'it be construed to prohibit employment practices not otherwise
prohibited by law.
22.2 All employment records shall be open for inspection and re-inspection at any
reasonable time during the term of this Lease for the purpose of verifying the practice of non-
discrimination by Tenant in accordance with the terms of Paragraph 22.1 hereof.
22.3 If Landlord finds that any of the above provisions have been violated, the same
shall constitute a material breach of contract upon which Landlord may determine to cancel.
terminate, or suspend this Lease. A determination by the California Fair Employment and
Housing Department or the Federal Equal Employment Opportunity Commission that Tenant has
violated State or Federal non-discrimination laws or regulations shall constitute a finding by
Landlord that Tenant has violated the non-discrimination provisions of this Lease.
22.4 Tenant shall include the non-discrimination and compliance provisions in all
subcontracts to perform work under this Lease.
23. NOTICES
Any notice required to be given under the terms of this Lease or any law applicable
thereto must be either personally delivered or placed in a sealed envelope, postage prepaid,
addressed to the person on whom it is to be served and deposited in the United States mail at the
following address:
GL/CAS/Agmts/11/26/01 21
All written notices pursuant to this Lease shall be addressed as set forth below or as either
party may hereafter designate by written notice and shall be personally delivered or sent through
the United State mail.
Landlord ("City of Tustin")
William Huston, City Manager
City of Tustin
300 Centennial Way
Tustin, CA 92680
and
Christine Shingleton, Assistant City Manager
City o f Tustin
300 Centennial Way
Tustin, CA 92680'
Copy to:
Lois Jeffrey, City Attorney
Woodruff, Spradlin & Smart
701 S. Parker Street, Ste. 8000
Orange, CA 92668
Tenant ("Orange County Rescue Mission")
Jim Palmer, President
Orange County Rescue Mission
P. O. Box 4007
Santa Ana, CA 92702
24.
Copy to:
Sealy M. Yates
Yates & Yates, LLP
505 South Main Street, Suite 1000
Orange, California 92868
WAIVER OF TRIAL BY JURY
GL/CAS/Agmts/11/26/01 22
It is mutually agreed by and between Landlord and Tenant that the respective parties
hereto waive trial by jury in any action, proceeding or counterclaim brought by either of the
parties against the other on any matter whatsoever arising out of or in any way conneCted with
this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises
and any emergency statutory or any other statutory remedy.
25. ESTOPPEL CERTIFICATES
Tenant shall, upon demand from Landlord, execute and deliver to Landlord, an estoppel
certificate in such form and content as requested by Landlord attesting to the compliance to date
of Landlord with the terms and 'conditions of this Lease and such other matters as requested by
Landlord concerning the tenancy of Tenant. In the event Tenant asserts any default by Landlord
that would prevent Tenant from attesting to such a certificate, Tenant shall set forth such alleged
default or defaults upon the certificates in detail or attest to the fact that those listed defaults are
the only defaults by Landlord hereunder.
26. MISCELLANEOUS PROVISIONS
26.1 Rules of Construction. The singular includes the plural; the masculine gender
includes the feminine; "shall" is mandatory, "should" and "may" are permissive.
26.2 Entire Agreement, Waivers and Amendments. This Lease constitutes the entire
understanding and agreement of the Parties with respect to the matters set forth in this Lease.
This Lease supersedes all negotiation or previous agreements between the Parties respecting this
Lease. All waivers or modifications of the provisions of this Lease must be in writing and signed
by the appropriate authorities of Tenant and Landlord.
Lease.
26.3
Incorporation of Recitals.
The Recitals set forth in this Lease are part of this
26.4 Captions. The captions of this Lease are for convenience and reference only and
shall not define, explain, modify, construe, limit, amplify or aid in the interpretation,
construction or meaning of any of the provisions of this Lease.
26.5 Consent. Where the consent or approval of a party is required or necessary under
this Lease, the consent or approval shall not be unreasonably withheld.
26.6 Covenant of Cooperation. The Parties shall cooperate with each other, deal with
each other in good faith, and assist each other in the performance of the provisions of this Lease.
In the event of any legal action instituted by a third party or other governmental entity or official
challenging the validity of any provision of this Lease, the Parties hereby agree to cooperate in
defending said action to the extent authorized by law.
26.7 Force Majeure. If either party shall be delayed or prevented from the performance
of any act required by this Lease by reason of acts of God, strikes, lockouts, labor troubles,
inability to procure materials, restrictive governmental laws or regulations or other cause,
GIdCAS/Agmts/l 1/26/01 23
without fault and beyond the reasonable control of the party obligated (financial inability
excepted), performance of such act shall be excused for the period of the delay; and the period
for the performance of any such act shall be extended for a period equivalent to the period of
such delay; provided, however, nothing in this Section 26.7 shall excuse Tenant from the prompt
payment of any Rent or other charge required of Tenant except as may be expressly provided
elsewhere in this Lease.
26.8 No Joint Venture. The parties intend by this Lease to establish the relationship of
Landlord and Tenant only and do not intend to create a partnership, joint venture, joint enterprise
or any business relationship other than that of Landlord and Tenant.
26.9 No Waiver. The failure of Landlord to seek redress for violation of, or to insist
upon the strict performance of, any covenant or condition of this Lease shall not be deemed a
waiver by Landlord of its fights to such redress for a prior, concurrent or subsequent violation of
the same or any other covenant or condition of this Lease. The receipt by Landlord of any Rent
or other charge required of Tenant with knowledge of any preceding breach by Tenant of any
covenant, term or condition of this Lease (other than the failure of Tenant to pay the particular
Rent so accepted) shall not be deemed to have been waived by Landlord.
26.10 Binding Effect. Subject to the provisions hereof, this Lease shall be binding upon
and shall inure to the benefit of'the parties hereto and their respective legal representatives,
successors and permitted assigns, and wherever a reference in this Lease is made to either of the
parties hereto such reference shall be deemed to include, wherever applicable, also a reference to
the legal representatives, successors and permitted assigns of such party, as if in every case so
expressed.
26.11 Attorneys' Fees. Should either party hereto institute any action or proceeding in
court to enforce any provision hereof or for damages by reason of an alleged breach of any
provision of this Lease, the prevailing party shall be entitled to receive from the losing party such
amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the
prevailing party in such action or proceeding.
26.12
Invalidity of Particular Provisions. If any term or provision of this Lease or the
application thereof to any person or circumstance shall, to any extent, be invalid
or unenforceable, the remainder of this Lease, or the application of such term or
provision to persons or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected thereby, and each term and
provision of this Lease shall be valid and be enforced to the fullest extent
permitted by law.
27. ATTACHMENTS
This Lease includes the following, which are attached hereto and made a part hereof:
Exhibit "A" - Legal description of the Premises
Exhibit "B" - Premises
Exhibit "C" - Scope of Development
GL/CAS/Agmts/11/26/01 24
Exhibit "D" - Schedule of Performance
Exhibit "E" - Insurance Form
Exhibit "F" - Finding of Suitability to Transfer (FOST)
29. CONCLUSION
IN WITNESS WHEREOF, Landlord has by action of the City of Tustin City Council
authorized this Lease to be executed for and on behalf of the City of Tustin by the City Manager
or Assistant City Manager, and Tenant has caused the same to be executed by its duly authorized
officer on the date first above written.
"Tustin"
CITY OF TUSTIN
Dated:
William A. Huston, City Manager
Attest:
Christine A. Shingleton, Assistant City Manager
PAMELA STOKER
City Clerk
Approved as to Form:
LOIS E. JEFFREY
City Attomey
GL/CAS/Agmts/11/26/01 25
"TENANT"
Date:
By: Orange County Rescue Mission
Jim Palmer, President
By: Orange County Rescue Mission
RDA~im\Ground Lease final.doc.
GL/CAS/Agmts/11/26/01 26
Exhibit A
Legal Description of the Premises
GL/CAS/Agmts 24
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PSOHAS
Legal Description
Exhibit "A"
Parcel 5
In the City 'of Tustin, County of Orange, State of California, being that portion of Block 10
of Irvine's Subdivision as shown on the map filed in Book 1, Page 88 of Miscellaneous
Record Maps, and as shown on a map filed in Book 165, Pages 31 through 39 inclusive of
Records of Survey, both of the records of said County, described as follows:
Parcel 5
Beginning at the intersection of the centerline of Red Hill Avenue with the centerline of
Valencia Avenue as shown on said Record of Survey, the centerline of Red Hill Avenue
'between Valencia Avenue and Warner Avenue Bears North 40037'39'' East for the purpose
of this description; thence South 49020'07'' East 103.05 feet; thence
South 40039'53'' West 52.00 feet to the true point of beginning; thence ,,
South 49020;07'' East 3.18 feet to the beginning of a curve concave southwesterly having a
radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet through a central
angle of 1 °54'51" to the beginning of a compound curve concave southwesterly having a
radius of 42.00 feet, a radial line to said beginning bears No~ 42o34'44" East; thence,
·
southeasterly along said curve 11.95 feet through a central angle of 16°18'19"; thence
South 31 °06'57" East 31.73 feet to the beginning of a curve concave northeasterly having a
radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central
angle of 12°42'56"; thence South 43°49'53'' East 61.09 feet to the beginning of a curve
concave northeasterly having a radius of 58.00 feet; thence southeasterly along said curve
,
14.33 feet through a central angle of 14°09'14"; thence South.57°59'07'' East 36.66 feet to
the beginning of a curve concave sputfiwestedy having a radius of 42.00 feet, thence
southeasterly along said curve 10.38 feet through a Central angle of 14°09'17"; th.enee
South 43049'50'' East 9.46. feet to the beginning of a curve concave northeasterly having a
radius of 1452.04 feet; thence southeasterly along said curve 64.40 feet through a central
angie of 2°32'29"; thence South 02°51'08" East 23.41 feet; 'thence 'South 47°19'39'' East
·
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P S .0 MAS
Legal Description
Exhibit "A"
Parcel 5
..
11.70 feet; thence South 40°29'44'' West 282.84 feet to the beginning of a curve concave
southeasterly having a radius of 362.00 feet; thence southwesterly and southerly along said
curve 214.11 feet through a central angle of 33°53'18" to the beginning of a compound
curve concave northwesterly having a radius of 14.50 feet, a radial line to said beginning ·
bears Sduth 83°23'34" East; thence southerly and southwesterly 21.89' feet along said
curve through a central .angle of 86°28'53"; thence North 86°54'41" West 259.66' feet;
thence North 80°23'59'' West 76.58" feet to 'the beginning of a curve concave northerly
having a radius of 25.00 feet; thence westerly 13.54' feet along said curve through a
central angle of 31°01'38"; thence North 49°22'21'' West 131.81 feet to a line that is
parallel with and 72.00 feet Southeasterly of the centefline of' said Red Hill Avenue; thence
along said parallel line North 40o37'39" .East 17.73 feet; thence leaving said parallel line
South '49°22'21" East. 5.00 feet to a line that is parallel with and 77.00 feet southeasterly of
the centerline of said Red Hill Avenue; thence along said.parallel line
North 40o37'39" East 700.00 feet to .a point lying South 85°38'32'' West 36.79 feet from .-
the tree point of beginning; thence leaving Said parallel line North 85o38'32" East
36.79 feet to the true.point of beginning.
Excepting therefrom the following described parcel:
Parcel ID
Beginning at the hereinbefore described tree point of.beginning for Parcel 5; thence ~
South 49020'07'' East 3.18 feet to the beginning of a curve concave southwesterly having a
radius of 1348.04 feet; thence southeasterly along said curve 45.04 feet through a central
angle Of 1 °54'51" to the beginning of a compound curve concave southwesterly having a
.
.
radius of 42.00 feet, a radial line to said beginning bears North 42°34' .44'' East; thence
southeasterly along said curve 11.95 feet through a central angle of .16°18'19"; thence
.
..
Page 2'of 3.
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'P S 0 HAS
Legal Description
Exhibit "A"
Parcel 5
.
South 31 °06'57" East 31.73 feet to the beginning of a curve concave northeasterly having a
radius of 58.00 feet; thence southeasterly along said curve 12.87 feet through a central
·
.angle of 12°42'56"; thence South 43°49'53".F~t 61.09 feet to the beginning of a cunie
concave northeasterly having a radius of 58.00 feet;' thence southeasterly along said curve
14.33 feet through a central angle of 14°09'14"; thence South 57059'07" East 36.66 feet-to
the beginning of a curve concave southwesterly having a radius of 42.00 feet, thence
Southeasterly along said curve 10.38 fXeet through a central angle of 14°09'17"; thence
·
South'43°49'50'' East 9.46 feet to the beginning of a curve concave, n°rtheastefly having a
radius of 1452.04 feet; thence, southeasterly along said curve 64.40 feet through a Central
angle of 2°32'29"; thence South 02051'08" East 23.41 feet; thence South 47o19'39'' East
11.70 feet; thence South 40029'44" West 47.00 feet; thence North 49o19'54" West
351.89 feet to a point on a line parallel' with and 77.00 feet Southeasterly of the centerline
of said Red Hill Avenue; thence along said parallel line North .40°37'39'' East 59.07 feet to
a point lying SOuth 85°38.'32:' West 36.79 feet from the point of beginning; thence leaving
said parallel line North 85°38'32" East 36.79 feet to the point of beginning
Containing 220,590 square feet or 5.11 acres, more or less.
As shown on Exhibit "B" attached hereto and by this referenCe 'made a part hereof.
Prepared under my supervision
Walter A. Sheek P.L.S. 4838
Date
Page 3 of 3
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Project Name: GROUND-CALCS ·
Description: MCAS-TUSTIN
Horizontal Alignment Name: 10056
Description: Parcel 5
Preference: default
STATION
E1 ement:
Linear
POB ( 12070) 0+0'0.00
PC ( 12051) 2+35,84
Tangent Direction: S 40^29, 44" W
Tangent Length: 235.84
Element: Circular
PC ( 12051) 2+35.84
CC ( 12052)
PRC ( ) 4+49.95
Radius: 362.00
Delta: 33^53 ' 18"
Degree of Curvature(Arc): 15^49'39''
Length: ' 214.11
Tangent: 110.29
Chord: 211.00
Middle Ordinate: 15.71
External: 16.43
Tangent Direction: S 40^29, 44" W
Radial Direction: N ~9^30'16"' W
Chord Direction: S 23 ^33' 05" W
Radial Direction: N 83^'23' 34" W
Tangent Direction: S 6^36'26'' W
Element: Circular
·
PRC ( ) 4+49.95
cc ( )
PT ( ) 4+71.84
Radius: 14.50
Delta: 86^28, 53"
Degree of Curvature (Arc.): 395~08' 36"
Length: 21.89
Tangent: 13.64
Chord: 19.87
Middle Ordinate: 3.9 4
External: 5.40
Tangent Direction: S 6^36, 26" W
Radial Direction: N 83.^23' 34" W
Chord Direction: S 49.^50' 52" W
Radial .Direction: N 3^05'19" E.
Tangent Direction: N 86^54' 41" W
Element: Linear o
PT ( ) 4+71.84
PI ( ) 7+31.50
Tangent Direction: N 86^54' 41" W
Tangent Length: 259.66
NORTHING
2.207714.2464
2207534.8975
2207534.8975
2207299.8188
2207.341. 4712
Left
2207341.4712
2207343.1396
2207328.6606
Right
2207328.6606
2207342..6516
EASTING
6080819.5155
6080666.3618
6080666.3618
6080941.6471
6080582.0514
60805'82 · 0514
6080567.6477
6080566.8664
6080566.8664
6080307.5836
Element: Linear
PI ( ) 7+31.50
PC ( ) 8+08.08
Tangent .Direction: N 80^23' 59" W
Tangent Length: 76.58
Element: Circular
PC ( )
cc ( )
PT ( )
Radius:
Delta:
Degree of Curvature(Arc):
Length:
Tangent:
Chord:'
Middle Ordinate:
External:
Tangent Direction:
Radial Dir'ectio~:
Chord Direction:
Radial Direction:
Tangent Direction:
2207342.6516
2207355.4231
8+08.08 2207355. 4231
220738'0. 0729
8+21.62 2207361. 0990
25.00
31^01' 38" Right
229^10' 59"
13.54
6.94
13-.37
0.91
0.95
N 80^'23'59'' W
_
N 9^36'01" E
N 64^53'10" W
N 40^37' 39" E
N 49^22, 21'" W
Element- Linear
PT ( ) 8+21.62
PI ( ) 9+53.43
Tangent Direct'ion: lq 49^22, 21" W
Tangent Length: 131.81
Element: Linear
PI ( ) 9+53.43
PI ( ) 9+71.16
Tangent Direction: .N 40^37"39" E
Tangent Length: 17.73
Element: Linear
PI ( ) 9+71.16
PI ( ) 9+76.16
Tangent Direction: S 49^22'21" E
Tangent Length: 5.00
Element: Linear
PI ( )
PI ( )
Tangent Direction:
Tangent Length:
9+76.16
..
16+17.09
N 40^37'51" E
660.93
2207361.0990
2207446.9256
2207~6.9256
2207460.3819'
2207460.3819
2207457.1262
Element: Linear
PI ( ) 16+17.09
POE ( ) 1-9+68.94
Tangent Direction- S 49^19' 54" E
Tangent Length: 351.85
2207457.1262
2207943.5422
2207943.5422
2207714.2455
6080307.5836
6080232.0761
6080232.0761
6080236.245~
6080219.9670
6080219.9670
6080119.9286
6080119.9286
6080131.4733
6080131.4733
6080135.2681
6080135.2681
6080552.6319
6080552.6319
6080819.5114
Northing Error: 0.0008
Easting Error: 0.0042
Closing Direction: N 78^50,53'' E
Closing Distance: 0.00
Closed Area: 5.11'Acres
Perimeter: 1968.94
Precision: 1 : 461,720.28
Exhibit B
Premises
GL/CAS/Agmts 25
Exhibit B
Premises
GldCAS/Agmts/11/26/01 28
EXHIBIT B
O~F~. · . 11 ;J 0/12
,
VALENCIA AVE '
~ ~ 52,00' ~
"~'"' ~ / .cc (..~) .. .4~;~.4~.,~
9'20'07"E / ~ ml~ fp~n~
~ c~'
~ ' ,
~ ~~ ~~:
~ '~A~ ~lz~l~
~ ' e~Ne ...... ;TAeLE .... :" ' ~
L2 'S31'b6"57"E 31 ;73'
L5 ~5'~9'55"E 61.09'
,
~ L4 S5'~"59'07"E 56.~6" -
~° ~ L5 s'43'4~"5~"E . 9~46' ""~
o ' L6 S02'~ 1'08"~ 25.~1"
~. I L7 S47' 19'59"E 11 .~0'
~ I LB' N40'57'59"E i ~ 7.7bf '
~ J L9 S49'22'21"E ' 5.0.0" .
~ j__ Llb"__ NS~58~3~"E - 56.79'
J L 11 NSO'~'59"W 76.~8~
,. , ,
.:.' s
· · , '
~ . ' ........ 5x o
~ , . cu~v[ ~[~. _, . .
~ ~ ~DIUS : LENGTH DELTA _
~ c~ ' '~4~.oy' ~S'.04' ,0'~5~'5~'' ~ %~,
~2 ,, 42.00~ ~11.95' 16'1~'19"
I C3 58.00'' 12.87' ~2'~2'56"'
~ C5 · ~2:00' 10.38:'" i4'09'i~
, C6 1452.~4' 64.40' · 02,32,~
C~' ~ 1~.50,' 2~.89' ~8~-28'53"'
~ C8 -25.00' 13:~4' '"31.01'~8-
~ 72.00,, .F~h ~
. ..
WARNER AVE. o ~o
~CALE:
.......
,,
' ' .... ' .... ~r~' ~f,. '
~t. ~ DATE ~NE, 2000
.
~t. U~ C~ ~ JOB
........... (714)~I-73~5 Fsx(71~)~ NUMBER 2~S01020D
.................
BE/~.. iN.~ iTABLE., i .......
(~ BEARING DISTANCE
L1 S49'20'07"E "3.'18'
L2 'S51'b6'57"E 31 ;73'
L3 'S~3'~9'53"E 61.09'
L4 S5'~7'59'07"E ' ..z6.~6'' -
_ L5 s43'4§'5b"E 9~46' .-..
L6 S02'~1'08"1~ ' 23.4-1"
..
__.L7 S47' 19'39"E 11.~0'..
LB' N40-.37'3.9"E _'17.73~
, L9 S¢9'22'21"E 5.0,0" .
__ Llb" N85,;38132"E 36.79'
L11 N80,',~.3'59"W , 76.,,58~
(~ RADIUS LENGTH DELTA
C1 ' '1548.04" 4,~'.04' 0'1;54'51"
~2 42.00" 11.95' i6'1~'19"
__ C3" 58.00' 12.87' :J2'4-2'56"'
C4 58.00' 14.33' 14'09'14~'
C5 42;00' 10.38'~'" i4'09' i~'~
C6 1452.04' 64.40' · 02,32,~.§,~
C?' 14.50' ' 2'1.89' ~88'28'55"
C8 25.00' 13:.~4' '"31'01'38"
, ,
Exhibit C
Scope of Development
GL/CAS/Agmts/11/26/01 29
Exhibit C
Scope of Development - Village of Hope
DRAFT
The Orange County Rescue Mission is a faith-based, 501 (c)3 non-profit
California Corporation, and as such, proposes to rehabilitate two three-story
barrack structures and construct two new structures on 5.1 acres of land near
the southeast comer of Valencia and Red Hill Avenue for use in serving the
.emergency and transitional housing needs of men, women, and children.
The project proposes the conversion and rehabilitation of barracks buildings
# 553 and # 554 which will be used primarily for residential, classroom,
health care, and child development purposes and the construction of two
new buildings to provide kitchen, dining, multipurpose, counseling, security,
chapel/auditorium, warehousing and support office space. The combined
square footage of both the existing building and the new construction will be
approximately 130,000. (Please refer to attached site plan).
The faith-based emergency and transitional program will provide 192 beds
and will promote the integration of guidance, spiritual counseling, education,
job training, shelter, food, clothing, health care and other services to ensure
that the cycle of homelessness is ended and that participants can once again
become productive members of the society.
iii
i .
t
Exhibit D
Schedule of Performance
GL/CAS/Agmts/11/26/01 3 0
Exhibit D
Tentative Schedule of Performance - Village of Hope
D AFT
Action
Timing- (Tentative)
OCRM and City of Tustin enter into
interim lease agreement.
OCRM submits phase one
rehabilitation construction plans to
City for Approval.
OCRM receives building permit and
begins rehabilitation construction.
OCRM submits Design Application
to City for approval.
OCRM submitted full construction
plans and documents.
Execution of lease agreement.
OCRM completes phase one of
rehabilitation construction of the two
existing barracks buildings.
Receive building permit for new
construction.
Completed - 11-1-1999.
Completed - 10-25-2000.
Completed - 1-22-2001 City issued
building permit, OCRM began
construction.
Completed.- waiting for.City
approval.
Completed- waiting for City
approval.
Within 30 calendar days following
agreement of draft by OCRM and
City legal counsels. If possible lease
agreement should be signed by both
parties prior to December 31,2001.
Within 180 calendar days of
executed lease agreement.
Waiting for City to issue bUilding
permit.
Page 1 of 2
OCRM to begin phase two, new
construction phase of project.
OCRM to complete phase three
construction of Village of Hope
project.
OCRM to complete phase four
construction of Village of Hope
project.
OCRM to complete all phase of
construction.
OCRM to request occupancy permit
from City of Tustin.
City to issue occupancy permit to
OCRM.
OCRM to occupy facility.
Within 90 calendar days of receiving
building permits from City.
Within 180 calendar days of
completing phase two of project.
Within 180 calendar days of
completing phase three of project.
Within 180 calendar days of
completing phase four of project.
Within 30 calendar days of
completing phase four of project.
Within 10 calendar days of request
by OCRM.
Within 30 calendar days of
occupancy permit being issued by
the City.
Page 2 of 2
Exhibit E
Insurance Form
GL/CAS/Agmts/11/26/01
CITY OF TUSTIN
CERTIFICATE OF INSURANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED
NO MODIFICATIONS OR ADDITIONS MA Y BE MADE TO THIS FORM
TO: CITY OF TUSTIN PROJECT:
P.O. Box 1089
Tustin, CA 92781-1089
COMPANIES AFFORDING COVERAGE
(MUST HAVE BEST'S RATING OF AT LEAST A, VII)
NAME AND ADDRESS OF INSURED CONTRACTOR: Company Letter A:
Company Letter B:
Company Letter C:
NAME AND ADDRESS OF INSURANCE AGENCY: Company Letter D:
,
Company Letter E:
Company Letter F:
This certifies that the policies of insurance listed below have been issued to the Insured name above, are in force at this time, that the City of
Tustin and the Department of the Navy are named as an additional insureds thereon as respects claims arising in connection with the Project
named above and that such insurance shall be primary with respect to any other insurance in force procured by the City or the Department of the
Navy.
Co. Policy Policy
Ltr. Type of Insurance Policy Number Effective Date Expiration Date All Limits In Thousands
GENERAL LIABILITY General Aggregate $
[ ] Commercial
General Liability Prods-Comp/Ops Agg. $.
[ ] Occurrence Basis
[ ] Owner's & Contractors' Pers. & Advg. Injury $
Protective Each Occurrence $
[ ] Broad Form Prop. Damage
[ ] Explosion, Collapse, Fire Damage
Underground Hazards (Any One Fire) $
Medical Expense
(Any One Person) $
AUTOMOBILE LIABILITY CSL $
[ ] Any Auto
[ ] All Owned Autos Bodily Injury
[ ] Scheduled Autos (Per Person) $
[ ] Hired Autos
[ ] Non-Owned Autos Bodily Injury
[ ] Garage Liability (Per Occurrence) $
Property $
EXCESS LIABILITY EACH OCCURRENCE AGGREGATE
[ ] Umbrella Form $ $
[ ] Other than Umbrella Form
WORKERS' COMPENSATION STATUTORY
AND EMPLOYER'S LIABILITY $ Each Accident
$ Disease-Policy Limit
$ Disease-Each Employee
OTHER
Description of Operations/Locations/Vehicles/Special Items:
It is certified that a waiver of subrogation is hereby issued to the City of Tustin and Department of the Navy as pertains to the terms of all
Workers Compensation insurance. The issuing company will give thirty (30) days written notice to the City prior to modification or cancellation.
DATE ISSUED:
Authorized Representative of the above-named insurance company(ies)
Exhibit F
Finding of Suitability to Transfer (FOST)
GL/CAS/Agmts/11/26/01 32
Attachment 3
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RESOLUTION NO. 01-116
A RESOLUTION OF THE TUSTIN CITY COUNCIL RE-
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE REUSE AND DISPOSAL OF THE FORMER MCAS
TUSTIN AS COMPLETE AND ADEQUATE PURSUANT TO THE
· CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE
ACCEPTANCE OF A QUITCLAIM FROM THE DEPARTMENT OF
THE NAVY FOR PARCEL 5 AND THE APPROVAL OF A
GROUND LEASE WITH THE ORANGE COUNTY RESCUE
MISSION
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows'
A. Marine Corps Air Station (MCAS) Tustin has been determined surplus to the
needs of the federal government and has been approved for disposal by the
United States Department of the Navy (DON)in accordance with the Defense
Base Closure and Realignment Act (DBCRA) of 1990 (10 USC 2687) and the
pertinent base closure and realignment decisions of the Defense Base
Closure and Realignment Commission apProved by the President and
accepted by Congress in 1991, 1993, and 1995; and
B. The City of Tustin has been approved by the Department of Defense as the
Local Redevelopment Authority (LRA) for MCAS Tustin and is responsible for
preparing a Reuse Plan describing the reuse of the installation and providing
recommendations to the DON for disposal of the former base to various
public agencies and the homeless. The goal of base disposal and reuse is
economic redevelopment and job creation to help replace the economic
stimulus previously provided by the military installation. The LRA submitted
the Reuse Plan for MCAS Tustin to the Department of Defense in October
1996, and an Errata amending the Reuse Plan in September 1998; and
C. On January 16, 2001, the Tustin City Council certified the Joint Final
Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for
the Disposal and Reuse of the Marine Corps Air Station (MCAS) Tustin (the
Program EIS/EIR). The United States Navy issued a Record of Decision on
the Program EIS/EIR in March 2001. The MCAS Tustin examined in the
Program EIS/EIR was 1606 acres; and
D. In accordance with Section 15132 of the State Guidelines, and the Council on
Environmental Quality Regulations (40 CFR parts 1500-1508), the FEIS/FEIR
consists of:
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II.
1. The initial Draft EIS/EIR, revised Draft EIS/EIR, and Final EIS/EIR
including Comments and Responses on the revised Draft EIS/EIR and all
appendices and technical reports thereto;
2. Comments and Responses on the Final EIS/EIR;
3. Redevelopment Agency staff report to the Planning Commission dated
November 28, 2000;
4. Minutes of the City of Tustin Planning Commission, dated November 28,
2000;
5. Redevelopment Agency staff report to the City Council dated January 16,
2001 including the letters submitted to the Planning Commission, a letter
submitted to the Tustin City Council and the City of Tustin's written
responses, and all other attachments;
6. Minutes of the Tustin City Council, dated January 16, 2001; and
E. On December 3, 2001, the Tustin City Council received a request to consider
and approve the acceptance of a Quitclaim for Parcel 5 from the Department
of Navy and for approval of a Ground Lease between the City of Tustin and
the Orange County Rescue Mission to implement a transitional housing use
at the site. Parcel 5 is a 5.1-acre site located at the former MCAS Tustin; and
F. Pursuant to CEQA Guidelines Section 15168(c), the Tustin City Council must
consider the approved Final EIS/EIR for the Disposal and Reuse of MCAS
Tustin, prior to project approval, determine that the proposed acceptance of
quitclaim for Parcel 5 and ground lease to the Orange County Rescue
Mission have been examined in the light of the Program EIR, agree that an
additional environmental document is not necessary and re-certify that the
FEIS/FEIR for the Disposal and Reuse of MCAS Tustin is complete and
adequate; and
G. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section
15168, the City of Tustin has completed an Environmental Analysis Checklist
For Projects With Previously Certified/Approved Environmental Documents
and determined that all effects associated with the implementation of the
project 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 project that would
substantially reduce effects of the project that have not been considered and
adopted.
The City Council of the City of Tustin does hereby find that the proposed project is
within the scope of the FEIS/EIR for the Disposal and Reuse of MCAS Tustin, a
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III.
IV.
Program EIR approved earlier and that the Program EIR adequately describes the
proposed activities for the purposes of CEQA (CEQA Guidelines Section 15168(e)).
The City Council of the City of Tustin does hereby re-certify that the FEIS/FEIR for
MCAS Tustin, in its entirety, is adequate and complete and prepared in compliance
with the requirements of CEQA, NEPA, and the State Guidelines; and
The City Council hereby finds that the environmental effects of the proposed
projects identified in the Environmental Analysis Checklist For Projects With
Previously Certified/Approved Environmental Documents FEIS/FEIR have been
substantially lessened in their severity by the imposition and incorporation of certain
previously approved mitigation measures as identified in Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council
held on the 3rd day of December 2001.
TRACY WILLS WORLEY, Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do 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. 01-116 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on December 3, 2001, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
ccresos\quitclaimenv2.doc
-:3-
Exhibit A
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 5 73-31 O0
ENVIRONMENTAL ANALYSIS CHECKLIST
For Projects With Previously Certified/Approved Environmental Documents'
Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the'Disposal and Reuse of
Marine Corps Air Station (MCAS) Tustin
The following checklist takes into consideration the preparation of an environmental document prepared at an
earlier stage of the proposed project. This checklist evaluates the adequacy of the earlier document pursuant to
Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines.
A. BACKGROUND
Project Title:
· Implement the Village of Hope' (Acceptance of Quitclaim Deed For Parcel 5 from
the Department of Navy to the City Of Tustin, Execution of a Long-Term Lease
Between City of TUstin and Orange County Rescue Mission, Conditional Use
Permit 01-030 and Design Review 01-037) at the former MCAS Tustin.
Lead Agency:
City of Tustin
300 Centennial Way
Tustin, California 92780
Lead Agency Contact Person:
Project Locatioa:
Dana Ogdon
Phone: (714) 573-3116
Parcel 5, Former Marine Corps Air Station, Tustin
Project' Sponsor's Name and Address'
City of Tustin
300 Centennial Way
Tustin, California 92780
General Plan Designation:
MCAS Tustin Specific Plan
Zoning Designation:
Public/Institutional
Project Description:
Acceptance Of 'Quitclaim Deed For Parcel' 5 From The Department Of
Navy To The City Of Tustin, Execution Of Long-Term Lease Between
City Of Tustin And Orange County Rescue Mission, Conditional Use
Permit 01-030 And Design Review 01-037.
Surrounding Uses:
North: Existing Base Property
South: Existing Base Property
East: Existing Base Property
West: Light Commercial/Industrial
Be
Previous Environmental D°cumentation: · Final Environmental Impact Statement/Enviroinmental
Impact Report (EIS/EIR) for the Disposal and Reuse' of Marine Corps Air Station (MCAS) Tustin (State
Clearinghouse.#94071005) certified bythe Tustin City Council on January 16, 2001.
ENVIRONMENTAL FACTORS POTENTIALLY 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 in Section D below.
[--]Land Use and Planning'
['-]Population and Housing
[--]Geology and Soils
~-]Hydrology and Water Quality
[-]Air Quality
[--]Transportation & Circulation
[-'~Biological Resources
[-]Mineral Resources
[--]Agricultural Resources
[~Hazards and Hazardous Materials
['-]Noise
[--']Public Services
~-]Utilities and Service Systems
[--']Aesthetics
[--]Cultural Resources
[--~Recreation
[--]Mandatory Findings of
Significance
C. DETERMINATION:
On the basis of this initial evaluation:
[-] I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
[-] I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet
have been added to the project. A NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
[-] I find that the proposed project MAY have a significant effect(s) on the environmem, but at least one
effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and
2) has been addressed by mitigation measures based on the earlier analysis as described on attached
sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated."
An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that
remain to' be addressed.
I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed
adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
'proposed project.
[--] I find that although the proposed project could have a significant effect on the environment, there WILL
NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed
adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have
been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project.
Preparer: D~ro~gr
~ ·
Christine A. Shingle~.ager
Date
D. EVALUATION OF ENVIRONMENTAL IMPACTS
EVALUATION OF ENVIRONMENTAL IMPACTS
I. AESTHETIC,S- 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 may be 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)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial number
of people?
New
SignifiCant
Impact
More
Severe
Impacts
[3
[3
No Substantial
Change From
Previous
Analysis
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 stares species in local or
regional plans, policies, or regulations, or by the California
Department ofFish 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 direct 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?
VI. GEOLOGY AND SOILS: - Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
New
Significant
Impact
More
Severe
Impacts
No Substantial
Change From
Previous
Analysis
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?
VII.HAZARDS.AND HAZARDOUS MATERIALS:
,o
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 environment?
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?
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?
New
Significant
Impact
More
Severe
Impacts
No .Substantial
Change From
Previous
Analysis
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan?
h) Expose people or s .trucmres 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?
VIII. }tYDROLOGY 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 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)?
c) Substantially alter the existing drainage pattem of the site
or area, including through the alteration of the course of a
stream or fiver, 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?
IX. LAND USE .AND PLANNING- Would the project:
a) Physically divide an established community?
New
Significant
Impact
More
Severe
.Impacts
No Substantial
Change From
Previous
Analysis
[23
[3
[23
[23
b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(includ'.mg, 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 a locally-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
groundbome 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?
XII. POPULATION 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 example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing'
elsewhere?
New
Significant
Impact
More
Severe
Impacts
No Substantial
Change From
Previous
Analysis
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 regional parks or.other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
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?
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 traffic 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?
f) Result in inadequate parking capacity?
New
Significant
Impact
More
Severe
Impacts
No Substantial
Change From
'Previous
.Analysis
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?
f) 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 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 furore projects)?
c) Does the'project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
New
Significant
Impact
More
Severe
Impacts
[5]
No Substantial
Change From
Previous
Analysis
EXHIBIT 1
EVALUATION OF ENVIRONMENTAL IMPACTS
VILLAGE OF HOPE
(ACCEPTANCE OF QUITCLAIM DEED FOR PARCEL 5 FROM THE DEPARTMENT
OF NAVY TO THE CITY OF TUSTIN, EXECUTION OF GROUND LEASE BETWEEN
CITY OF TUSTIN AND ORANGE COUNTY RESCUE MISSION, CONDITIONAL USE
PERMIT 01-030 AND DESIGN REVIEW 01-037)
BACKGROUND
Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of 1991,
·
1993 and 1995 federal Base Realignment and Closure Act (BRAC) actions. Prior to and since the
date of closure, the City of Tustin has implemented various planning activities in its Department of
Defense designated capacity as Local Redevelopment Authority (LRA) for MCAS Tustin. In
October 1996, the City of Tustin approved a Reuse Plan for MCAS Tustin that provides for a furore
preferred land uses at the base, in accordance with BRAC law. A' Homeless Assistance Plan for
MCAS Tustin was also completed by the City of Tustin in 1996 as required by the federal Base
Closure Community Redevelopment and Homeless Assistance Act of 1994. The Reuse Plan and
.. Homeless Assistance Plan provides for the needs of 242 homeless individuals through the efforts of
five homeless providers including the Orange County Rescue Mission (Rescue Mission). As part of
the Homeless Assistance Plan, an Agreement has been approved by the federal department of
Housing and Urban Development (HUD) and executed by all of the homeless providers and City of
Tustin committing to implementation of the Homeless Assistance Plan. Pursuant to the Reuse Plan
and Homeless Assistance Plan, the City of Tustin will accept from the Navy a 5.1-acre quitclaim of
the parcel and then lease the' site to the Orange County Rescue Mission (Rescue Mission). The
Rescue Mission is committed to using the 5.1-acre site (Parcel 5) for a 192-bed transitional housing
program, and proposes to rehabilitate/renovate tWo existing vacant barracks buildings totaling
80,664 square feet as well as to construct two new buildings (Building A and B) totaling 50,930
square feet in size. A 1,400 square feet (approx.) existing mechanical building is alSo proposed to
be retained/reused that results in a total proposed build-out of 132,994 square feet of potential
development at the site.
In September 1999, the City of Tustin and Department of Navy executed an interim lease for
Parcel 3. The City subsequently subleased Parcel 3 (later renumbered as Parcel 5) to the Orange
County'Rescue Mission to permit minor interior remodel of the two existing barracks as part of the
proPosed redevelopment of Parcel 5 as approved in the Reuse Plan and Homeless Assistance Plan.
On January 16, 2001, the City of Tustin certified a joint Environmental Impact
Statement/Environmental 'Impact Report (EIS/EIR) for the reuse and disposal of all property at
MCAS Tustin (hereafter referred to as the "Program EIS/EIR"). The Navy subsequently issued a
Record of Decision on the Program EIS/EIR on March 2, 2001. On August 29, 2001, the Navy
executed a Finding of Suitability to Transfer (FOST) which is an environmental clearance
document for Parcel 5 as required by the National Environmental Policy Act (NEPA) prior to
transfer from the Navy to the City of Tustin. The approval of a Program EIS/EIR and the FOST
are prerequisites to a number of Reuse Plan implementation actions for the site. The actions are
cumulatively defined herein to be a project under the California Environmental Quality Act
(CEQA) Section 21065 and include:
Exhibit' 1-
Evaluation of Environmental Impacts
Village of Hope
Page 2
. .
1. Acceptance of Quitclaim Deed/Acquisition of the Site by City of Tustin
2. Execution of Ground Lease Between City of Tustin and Orange County Rescue Mission
3. Conditional Use Permit 01-030
4. Design Review 01-037
CEQA Guidelines Section 15063(f) states: "A previously prepared EIR may also be used as an
Initial Study for a later project." Pursuant to CEQA Guidelines Section 15168(c)(4), "Where the
subsequent activities involve site specific operations,' the agency should use a written checklist or
similar device to document the evaluation of the site and the activity to determine whether the
environmental effects of the operation were covered in the Program EIR."
A Program EIS/EIR has been prepared and approved by the City of Tustin for the reuse of MCAS
Tustin, including the subject site. Chapter 7 of the Program EIS/EIR describes the environmental
consequences of the implementing actions. Pursuant to CEQA, the City of Tustin has completed a
checklist (below) and determined that all effects associated with the implementation of the
proposed project has been previously and comprehensively addressed in the Program EIS/EIR.
The Program EIS/EIR is incorporated herein by this reference.
The following checklist concludes that all of the project's 'effects were examined in the Program
EISfEIR, 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 project that would
substantially reduce effects of the project that have not been considered and adopted.
Ie
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?
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?
The Village of Hope project is proposed to be located within the existing Public and
Institutional zoning designation at the former MCAS Tustin providing the City of Tustin
with control over the urban design elements of the project. The westerly fagade of the
proposed project will be visible from Red Hill Avenue and the remaining edges of the
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 3
project will be visible from the adjacent "Learning Village" site. There are no scenic vistas,
state scenic highways, rock outcroppings, etc., affected bY development of the project site.
The Tustin City Code requires the project's design to be reviewed and approved by the
Tustin Planning Commission (Tustin City Code Section 9245). The Planning Commission
Design Review process is intended, among other things, to ensure that new uses and
structures enhance the existing visual character of the site and its surroundings, that the
project is harmonious with the surrounding area and total community, and that the project
will not create a new source of substantial light or glare. Tustin Planning Commission
design review and approval will ensure that all project related aesthetic impacts are
satisfactorily addressed. The Tustin Planning Commission will also ensure that Village of
Hope designers have complied with the draf~ Specific Plan's urban design guidelines to
ensure that the project is compatible with furore development on the base.
Mitigation/Monitoring Required: Compliance with existing roles and regulations is not
mitigation under CEQA. Consequently, no mitigation is required.
Sources:
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-58
through 3-67, 4-81 through 4-92, and 7-22 through 7-24)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 2-186 through 2-194 and
3-33 through 3-3 7).
II.
AGRICULTURE 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?
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?
,
The Village of Hope project site has historically been utilized in support of Marine Corps
enlisted housing and is currently developed with two existing barracks buildings, a
mechanical building, parking area and landscaping. The proposed Village of Hope project
will not convert Prime Farmland, Unique Famaland or Farmland of Statewide Importance,
nor will it conflict with existing 'zoning for agricultural use or a Williamson Act contract or
involve or cause changes to the environment resulting in conversion of farmland to non-
agricultural use.
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 4
Mitigation/Monitoring Required: No mitigation is required.
Sources:
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-83
through 3-87, 4-109 through 4-114, and 7-27 through 7-28)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
III.
AIR QUALITY
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?
Implementation of the proposed Village of Hope project would entail the conversion of 192 .
barracks units to homeless transitional housing and construction of new administrative
buildings. Historically, the existing barracks units were used to provide housing support for
Marine enlisted personnel. The proposed Village of Hope will not house more than 192
persons who will not operate private vehicles, which should result in a reduction in vehicle-
trip related air quality impacts for the site. Operation of the site by the Rescue Mission will
require compliance with SCAQMD requirements (e.g., emission permits for on-site boilers,
etc.). The proposed project would not conflict with or obstruct implementation of any air
quality plan or result in a cumulatively considerable
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?
e) Create objectionable odors affecting a substantial number of people?
The Program EIS/EIR concluded that build-out of the Reuse Plan (including the proposed
Village of Hope project) would result in a cumulatively considerable net increase .of criteria
pollutant Peak Construction emissions for ROC, and PM10 and that Reuse Plan operations.
activities (including the Village of Hope project) would produce CO, ROC, and NOx
pollutant emissions that will exceed SCAQMD significance criteria. These construction and
operation activities could expose sensitive receptors, over time, to substantial pollutant
· concentrations and potentially create objectionable odors affecting a substantial number of
people.
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 5
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin
City Council in the Program EIS/EIR. Mitigation Measure AQ-1, AQ-2, AQ-3 and AQ-4
applies to the proposed project and will be required to minimize significant construction air
quality impacts, but would not reduce the cumulative impact below a level of significance.
Program Mitigation Measure AQ-4 was required to reduce operations emissions at non-
TDM projects such as the proposed Village of Hope. However, Program EIS/EIR also
concluded that Reuse Plan related operational air' quality impacts were significant and
impossible to fully mitigate. A Statement of Overriding Consideration for the Program
EIS/EIR has been adopted by the Tustin City Council on January 16, 2001.
AQ-1 - If determined feasible and apPropriate on a project-by-project basis, the City
of Tustin and the City of Irvine, as applicable, shall require individual development
projects to implement one or more of the following control measures, if not already
required by the SCAQMD under Rule 403'
- Apply water twice daily, or chemical soil stabilizers according to
manufacturers' specifications, to all unpaved parking or staging areas or
unpaved road surfaces at all actively disturbed sites.
- Develop a Construction traffic management plan that inclUdes, but is not
limited to, rerouting construction trucks off' congested streets, consolidating
truck deliveries, and providing dedicated turn lanes for movement of
construction trucks and equipment onsite and offsite.
- Use electricity from power poles rather than temporary diesel or gasoline
powered generators.
- Reduce traffic speeds on all unpaved roads to 15 mph or less.
- Pave construction roads that have a traffic 'volume of more than 50 daily trips
by construction equipment or 150 total daily trips for all vehicles.
- Apply approved chemical soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded areas
inactive for four days or more).
- Replace ground cover in disturbed areas as quickly as possible.
- Enclose, cover, water twice daily, or apply approved soil binders according to
manufacturers' specifications, to exposed piles of gravel, sand, or dirt.
- Cover all trucks hauling dirt, sand, soil, or other loose .materials, and maintain
at least two feet of freeboard (i.e., minimum vertical distance between top of
the load and top of the trailer).
- Sweep streets at the end of the day if visible soil material is carried over to
adjacent roads (use water sweepers with reclaimed water when feasible).
- Install wheel washers where vehicles enter and exit unpaved roads onto paved
roads, or wash off'tracks and any equipment leaving the site each trip.
AQ-2 - Unless determined by the City of Tustin to be infeasible on a
project-by-project basis due to unique project characteristics, the City of Tustin shall
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 6
require the project proponent to .use'low VOC architectural coatings for all interior
· and exterior painting operations.
AQ-3 - Prior to the issuance of development permits for new non-residential projects
with 100 or more employees, and expanded projects.where additional square footage
would result in a total of 100 or more employees, the CitY of Tustin and the City of
Irvine, as applicable, shall impose a mix of TDM measures which, upon estimation,
would result in an average vehicle ridership of at least 1.5, for each development with
characteristics that would be reasonably conducive to sUccessful implementation of
such TDM measures. These TDM measures may include one or more of the
following, as determined appropriate and feasible by each city on a case-by-case
basis'
Establish preferential parking for carpool vehicles.
Provide bicycle-parking facilities.
Provide shower and locker facilities.
Provide carpool and vanpool loading areas.
Incorporate bus stop improvements into facility design.
Implement shuttles to shopping, eating, recreation, and/or parking and transit
facilities.
Construct remote parking facilities.
Provide pedestrian circulation linkages.
- Construct pedestrian grade separations.
- Establish carpool and vanpool programs.
- 'Provide cash allowances; passes, and other public transit and purchase incentives.
- Establish parking fees for single occupancy vehicles.
- Provide parking subsidies for rideshare vehicles.
- Institute'a computerized.commuter rideshare matching system.
- Provide a guaranteed fide-home program for ridesharing.
- Establish alternative workweek, flextime, and compressed work week schedules.
- Establish telecommuting or work-at-home programs.
- Provide additional vacation and compensatory leave incentives.
- Provide on-site lunch rooms/Cafeterias and commercial service such as banks,
restaurants, and small retail.
- Provide on-site day care facilities.
- Establish an employee transportation coordinator(s). ·
AQ-4 - The City of Tustin shall require the project proponent to utilize applicable
transportation management measures to be implemented, as determined appropriate
or feasible on a case-by-case basis, as follows'
Reschedule track deliveries and pickups for off-peak hours.
.Implement lunch shuttle service from a worksite(s) to food establishments.
Implement compressed workweek schedules where weekly work hours are
compressed into fewer than five days, such as 9/80, '4/40, or 3/36.
Exhibit 1
Evaluation of Enviromnental Impacts
Village of Hope
Page 7
Sources:
Provide on-site child care and atier-school facilities .or contribute to off-site
developments within walking distance.
Provide on-site employee services such as cafeterias, banks, etc.
Implement a pricing structure for single-occupancy employee parking, and/or
provide discounts to ride sharers.
Construct off-site pedestrian facility, improvements such as overpasses and wider
sidewalks.
Include retail' services within or adjacent to residential subdivisions.
Provide shuttles t° major rail transit centers or multi-modal stations.
Contribute to regional transit systems (e.g., right-of-way, capital improvements,
etc.).
Synchronize traffic lights on streets impacted by development.
Construct, contribute, 'or dedicate land for the provision of off-site bicycle trails
linking the facility to designated bicycle commuting routes.
Include residential units within a commercial development;
Provide off-site bicycle facility improvements, such as bicycle trails linking the
facility to designated bicycle commuting routes, or on-site improvements, such
as bicycle paths.
Include bicycle-parking facilities such as bicycle lockers.
Include showers for bicycling and pedestrian employees' use.
Construct on-site pedestrian facility improvements, such as building access
which is physically separated from street and parking lot traffic, and walk paths.
Submitted Plans
Program 'EIS/EIR for Disposal and Reuse of McAs Tustin (Pages 3-143
through153, 4-207 through 4-230 and pages 7-41 through 7-42)
Reuse Plan/Specific Plan for MCAS Tustin (Pages' 3-33 through 3-37).
BIOLOGICAL 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?
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?
Exhibit 1
Evaluation of Environmental' Impacts
Village of Hope
Page 8
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?
The Program EIS/EIR found that implementation of the Reuse Plan would not result in
impacts to federally listed threatened or endangered plant or animal species. Urban
development associated with undeveloped areas of MCAS Tustin would significantly affect
the southwestern pond turtle, a species of special concem, determined to be a significant
impact under CEQA, and also result in the loss of loggerhead shrike habitat although there
would be no overall adverse effect to the population in Southern Califomia.
The proposed Village of Hope project site is currently developed with two existing barracks
buildings, a mechanical building, parking area and landscaping and contains no natural
biological resources or habitat. The Program EIS/EIR identifies no candidate, sensitive, or
special stares species or habitats including riparian, sensitive natural communities, wetlands,
jurisdictional waters or wildlife corridors located on the site. Development of the site will
not substantially affect historical storm drainage flows off base. There is also no evidence
that the proposed development would have any substantial adverse effect on any sensitive
species or riparian habitat/natural community or have any. substantial effect on-federally
protected wetlands. Also, the proposed project would not conflict with any local policies or
ordinances or policies regarding tree preservation, Habitat Conservation, etc.
Miti~ation/J~onitorin~ Required: No mitigation is required.
Sources:
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-75
through 3-82, 4-103 through 4-108, and 7-26 through 7-27)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
V. CULTURAL RESOURCES
a) Cause a substantial adverse change in the significance of a historical resource as
defined in {}15064.5?
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 9
Two blimp hangars and related landing pads form two discontiguous historic districts that
were eligible for inclusion in the National Register. Implementation of the Reuse Plan
would result in irreversibly eliminating most of the two .discontiguous eligible historic
districts resulting in significant impacts to these historic resources. Pursuant to Section 106
of the National .Historic Preservation Act, the SHPO, Advisory Council on Historic
Preservation, Navy, City of Tustin and County of Orange have executed a Memorandum of
Agreement (MOA) that addresses measures to mitigate the effects of destruction of portions
of the eligible historic district. The proposed Village of Hope project site is not within the
eligible historic district and is currently developed with two existing barracks buildings, a
mechanical building, parking area and landscaping and.-would not cause a substantial
adverse change in the significance of any historical or cultural resource at MCAS Tustin.
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?
Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In
1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all
open spaces on MCAS Tustin had been adequately surveyed for archaeological resources.
Although one archaeological site (CA-ORA-381) has been.recOrded within the Reuse Plan
area, it is believed to have been destroyed.' However, it is possible that previously
unidentified buried archaeological or paleontological resources at the Village of Hope
project site could be significantly impacted by grading and construction activities.. With' the
inclusion of a mitigation measures that require construction monitoring, potential impacts to
cultural resources can be reduced to a level of insignificance.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin
City Council in the Program EIS/EIR. The Final Program EIS/EIR for MCAS Tustin is
included' by reference as the Initial Study for the proposed project. Program EIS/EIR
Mitigation Measures Arch-2, Paleo-1 and Paleo-2 will be required to be implemented by the
project proponent to mitigate potential impacts associated with the proposed project.
Arch-2 - Prior to issuance of grading permits, the City of Tustin shall require the
project proponent to retain, as appropriate, a county-certified archaeologist. If buried
resources are found during grading within the reuse plan area, a qualified
archaeologist would need to assess the site significance and perform the appropriate
mitigation. The Native American viewpoint shall be considered during this process.
This could include testing or data recovery. Native American consultation shall also
be initiated during this process.
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope '
Page 10
· Paleo-1 - The City of Tustin shall each require the project proponent to comply with
the requirements established in a PRMP prepared for the site, which details the
methods to be used for surveillance of construction grading, ' assessing finds, and
actions to be taken in the event that unique paleontological resources are discovered
during construction.
Paleo-2 - Prior to the issuance of a grading permit, the project proponent shall provide
written evidence to the City of Tustin, that a county-certified paleontologist has been
retained to conduct salvage excavation of unique paleontological resources if they are
found.
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68
through 3-74, 4-93 through 4-102 and 7-24 through 7-26)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
Vie
GEOLOGY AND SOILS
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
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.
· Strong seismic ground shaking?
Seismic-related ground failure, including liquefaction?
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 wastewater disposal systems where sewers are not available for the
disposal of wastewater?
Exhibit 1
EvaluatiOn of Environmental Impacts
Village of Hope
Page 11
The Program EIS/EIR indicates that impacts to sOils and geology resulting from
implementation of the Reuse Plan would "include non-seismic hazards (such as local
settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows)
and seismic hazards (such as surface fault displacement, high-intensity ground shaking,
ground failure and lurching, seismically induced settlement, .and flooding associated with
dam failure."
The Village of Hope project site is located in an area that may be affected by localized
ground settlement, expansive soil, unstable sloPe conditions caused during grading or
construction of utility trenches, etc.), erosion, and seismic hazards. However, the Program
EIS/EIR for MCAS Tustin has concluded that compliance with state and local regulations
and standards, along with established engineering procedures and techniques, would avoid
unacceptable risk or the creation of significant impacts related to such hazards.
Mitigation/Monitoring Required: No mitigation is required.
Sources:
Submitted Plans
prOgram EIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88
through 3-97, 4-115 through 4-123 and 7-28 through 7-29)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
VII. HAZARDS AND HAZARDOUS MATERIALS
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?
e) For a project located within an airport land use plan or, where such a plan has
not been adopted, within two miles or a public airport or public use airport, would
the project result in a safety hazard for people residing or working in the project
area?
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 12
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?
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?
The proposed Village of Hope project will create a 192-unit transitional housing project.
Other than household cleaning materials and substances typically found to support such a
use, the project will not create a significant hazard to the public through the transport, use or
disposal of hazardous materials, nor is there reasonably foreseeable upset and accident
conditions at the property. In addition, the operation of the facility would not emit
hazardous emissions within a quarter mile of an existing or proposed school. The Navy has
approved a Finding of Suitability to Transfer (FOST) determining that the Navy finds no
existing environmental concerns preventing transfer of the.site for the planned reuse. The
project site is located within the boundaries of the Airport Environs Land Use Plan,
however, it is at least 4 miles from John Wayne Airport, does not lie within an flight
approach or departure corridor, and thus does not pose an aircraft related safety hazard for
furore residents or workers. The project site is also not located in a wildland fire danger
area.
Implementation activities such as those proposed at the Village of Hope will be conducted
in accordance with federal, state, and local regulations goveming the use, handling,
transportation, and storage of hazardous materials, thereby reducing the potential of an
unauthorized release to the environment. Potential impacts 'would still exist fi'om the
potential for accidental spills or releases and the assumed need for new hazardous material
storage and waste accumulation areas. However, compliance with all federal, state and local
regulations concerning handling and use of these hazardous substances will reduce potential
impacts to below a level of significance.
.Mitigation/Monitoring Required: No mitigation is required.
Sources: Submitted Plans
Program EIS/EIR fOr Disposal and .Reuse of MCAS' Tustin pages (3-106
through 3-117, 4-130 through 4-138 and 7-30 through 7-31)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37)
Finding of Suitability to Transfer (FOST) for Parcel 5, MCAS Tustin
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 13
HYDROLOGY AND WATER QUALITY
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 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)?
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?
e) Create or contribute runoff water which would exceed the capacity of existing or
planned storm water 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 of 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, including flooding as a result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
Village of Hope constmction,ofbtfildings and improvements would lead to silt-laden runoff
due to storm events and watering to reduce dust related air emissions.. This nmoff Would
contain relatively high levels of total dissolved solids (TDS) and would contribute to
degrading local and regional water quality. No long-term impacts to hydrology and water
quality, are anticipated for the proposed project. Construction-of the Village of Hope project
will not impact groundwater in the deep regional aquifer or shallow aquifer. No
groundwater removal is proposed and the project proposes the removal of a large, existing
parking surface for new planting areas resulting in the site being more supportive of regional
groundwater recharge activities. The project proposes to utilize historic drainage pattems at
the site and is consistent with drainage master plans prepared by the Orange 'County Flood
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 14
Control District. The project is not located within a 100-year flood area, will not expose
people or structure to a significant risk of loss, injury and death involving flooding as a
result of the failure of a levee or dam, nor is susceptible to inundation by seiche, tsunami or
mudflow.
Construction operations would be required to comply with the Total Maximum Daily Load
(TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area
Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and
the implementation of specific best management practices (BMP). Compliance with state
and local regulations and standards, along with established engineering procedures and
techniques, would avoid unacceptable risk or the creation of significant impacts related to
such hazards.
Mitigation/Monitoring Required: No mitigation is required.
Sources:
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-98
through 3-105, 4-124 through 4-129 and 7-29 through 7-30)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37)
FEMA Map (1999)
IX. LAND USE AND.PLANNING
a) Physically divide an established community?
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?
The proposed project will redevelop the site into a 132,994 square foot "Village of Hope"
homeless transitional/emergency housing use that will establish a separate and distinct
location that will physically define and set-apart a portion of the former MCAS Tustin, a
previously contiguous and uninterrupted military "community".
The. City of Tustin is the controlling authority over implementation of the Reuse Plan for the
former base, such as land use designations, zoning categories, recreation and open space
areas, major arterial roadways, urban design, public facilities, and infrastructure systems.
On January 16, 2001, the Tustin City Council approved a General Plan Amendment that
established an MCAS Specific Plan General Plan land use designation for the site, creating a
consistent policy and regulations governing the redevelopment ofMCAS Tustin. The Reuse
Plan/Specific Plan for MCAS Tustin permits the redevelopment of the subject site (Village
of Hope) as a transitional/emergency housing use. However, there is a potential for land use
Exhibit 1
Evaluation of Environmental Impacts.
Village of Hope
Page 15
incompatibility with adj.acent .uses or intemally, if the proposed development is not
sensitively designed. Individual site-specific compatibility impacts could be addressed by
appropriate'site design such as buffering screening, setbacks, landscaping, etc. Although the
MCAS Tustin Specific Plan has been prepared to establish new zoning for the site, recently
filed litigation will prevent the ordinance and associated design guidelines from being
implemented. The site's current zoning is Public and Institutional (P&I) which permits the
proposed transitional housing land use through a Conditional Use Permit and design review
approval by the Tustin Planning Commission intended to fully address site design issues
associated with the proposed project. Formal land use and design approval of the project by
the Tustin Planning Commission must occur for Design Review 01-037 and Conditional
Use Permit 01-030 prior to project construction. Compliance with state and local
regulations and standards would avoid the creation of significant land use and planning
impacts.
c) Conflict with any applicable habitat conservation .plan or natural-community
conservation plan?
The proposed Village of Hope project will not conflict with any habitat conservation plan or
natural community conservation plan.
· Mitigation/34onitoring Required: No mitigation is required.
Sources:
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-
17, 4-3 to 4-13 and 7-16 to 7-18)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
X. MINERAL 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?
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?
Chapter 3.9 of the Program EIS/EIR indicates that no mineral resources are known to occur
anywhere within the Reuse Plan area.
The proposed project site is currently developed with barracks and a parking lot and has
been used historically to house military personnel. The proposed Village of Hope
development will not result in the loss of mineral resources known to be on the site or
identified as being present on the site by any mineral resource plans. The Final Program
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 16
EIS/EIR for MCAS Tustin is included by reference as the Initial Study for the proposed
project.
Mitigation/Monitoring Required..: No mitigation is required.
~O~tFces :
Submitted Plans
Program EIS/E[R for Disposal and Reuse ofMCAS Tustin (Page 3-91)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
XI. NOISE
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?
Implementation activities closest to major roadways would be affected by noise of 70 dB
CNEL or higher. According to the Program EIS/EIR, on-site properties within 75 feet of
Valencia west of Red Hill are projected to generate noise levels of 68.5 dB at full Reuse
Plan build-out (a 3.3 dB increase over existing noise levels). The Village of Hope project
proposes the reuse of two existing barracks buildings that have been built with noise
attenuation to address Marine Corps helicopter over-flights, vehicular traffic and noise from
John Wayne Airport. The 192 trait barracks typically housed two or more enlisted
personnel per room (approximately 384 or more Marines). The Orange County Rescue
Mission has been approved to house only 192 persons on site and does not allow residents to
drive vehicles to or from the site. This reduction in residency is anticipated to reflect a
reduction in anticipated vehicle trips to and from the site that would result in less traffic
noise being generated from the reuse of the site than previously occurred. The City of
Tustin will ensure that the.project be sound attenuated against present and projected noise so
as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas and an
interior standard of 45 dB CNEL in all habitable rooms to reduce noise related impacts to a
level of insignificance.
b) Exposure of persons to or generation Of excessive ground borne vibration or
ground borne 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
Exhibit 1
Evaluation of Environmental Impacts
Village of HoPe
Page 17
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 excessive noise levels?
The Village of Hope project proposes to create a transitional housing use for the homeless at
the former MCAS Tustin near the intersection of Red Hill Avenue and Valencia Avenue.
The Program EIS/EIR indicates that full build-out of the base will create noise impacts that
would be considered significant if noise levels experienced by sensitive receptors would
exceed those considered "normally acceptable" for the applicable land use categories in the
Noise Elements of the Tustin General Plan. Residences (including the Village of Hope),
schools, libraries, hospitals, and recreational areas are generally considered sensitive noise
receptors. Although the arrival pattern for John Wayne Airport is located in proximity to the
Village of Hope project site, JWA Quarterly Noise Reports indicate that noise levels at the
nearest noise sensor is below the maximum allowable of' 65 dB for exterior residential noise
levels. Implementation of the proposed project would also result in incremental short-term
construction noise impacts. However, compliance with state and local regulations and
standards, along with established engineering procedures and techniques, will avoid
unacceptable risk or the creation of significant impacts related to such'hazards.
Miti~tation/Monitoring Required: Mitigation measures have been adopted by the Tustin
City Council in the Program EIS/EIR. The City of Tustin is required to ensure that Program
EIS/EIR Mitigation Measures N-1 and N-3 are implemented for this project.
N-1 - Prior to reuse of any existing residential units within the reuse area for
civilian use, the City of Tustin or the City of Irvine, as applicable, and where
necessary and feasible, shall require th'e installation of noise attenuation
barriers, insulation, or similar devices to ensure that interior and exterior noise
levels at these residential units do not'exceed applicable noise standards.
Sources:
N-3 - For new development within the reuse area, the City of Tustin shall
ensure that interior and exterior noise levels .do not exceed those prescribed by
state requirements and local city ordinances and general plans. Plans
demonstrating noise regulation conformity shall be submitted for review and
approval prior to building permits being issued to accommodate reuse.
Submitted Plans
Program EIS/EIR for' Disposal and Reuse of McAs Tustin (Pages 3-154 to
3-162, 4-231 to 4-243 and 7-42 to 7-43)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
· Page 18
POPULATION & HOUSING
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)?
b) Displace substantial numbers of existing housing, necessitating the constructiOn
of replacement housing elsewhere?
c) Displace substantial numbers
replacement housing elsewhere?
of people, necessitating the construction of
The proposed Village of Hope project would convert two existing barracks buildings and
construct new support structures intended to be used as a 192-bed homeless transitional
housing facility. Reuse of the existing barracks to support the Orange County Rescue
Mission's Village of Hope is considered a Public and Institutional use and does not provide
permanent affordable or market rate housing. Historically, the Marine Corps housed 2-3
persons in each of the 192 units at the site. Due to the fact that the Marine Corps voluntarily
vacated the barracks in July 1999, and because the proposed project limits future tenancy
and occupancy to 192-beds, no residents will be displaced and no substantial populatiOn
growth is anticipated. There will also be a beneficial effect from the implementation of the
project in that it will provide needed homeless transitional housing to the community. Since
no existing housing would be displaced, no significant impacts to population and housing
would occur.
Mitigation/Monitoring Required: No mitigation is required.
Sources:
Submitted Plans
·
Program EIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-
34, 4-14 to 4-29 and 7-18 to 7-19)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
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:
Prior to base closure, the Marine Corps provided public services to the base's inhabitants
including fire and police protection services, day-care, libraries, recreation facilities, etc. to
the base property (with cooperative agreements with the local community for fire and police
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 19
support services). Military dependents of school age typically attended local schools.
Closure and reuse of the base will increase the population at the site which will result in
demands for fire and .police protection services, schools, libraries, recreation facilities and
biking/h/king trails.
The Village of Hope is intended to operate as-a closed environment, with restricted access
and egress for program participants, staff and visitors affecting the following public services
areas~
Fire protection. The Village of Hope project will be required to meet existing Orange
County Fire Authority (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 these regulations would reduce
the risk of uncontrollable fire and increase the ability to efficiently provide fire protection
services to the site. The number of fire stations in the areas surrounding the site will meet
the demands created by the proposed project.
Police protection. The need for police protection services is assessed on the basis of resident
population estimates, square footage of non-residential uses, etc. The proposed Village of
Hope project will incrementally but not immediately increase the need for police emergency
and protection services.
Schools. Development of the Village of Hope project could result in occupancy by school
age children. The project site is located within the boundaries of the Tustin Unified
School District (TUSD). However, the number of children generated by the Village of
Hope project will not significantly impact TUSD when compared to. the number of
military school age children that previously attended District schools prior to closure.
The Reuse Plan provides for two 10-acre elementary school sites and one 40-acre high
school site within the TUSD to address school needs associated with the build-out of the
Reuse Plan. In addition, the TUSD is permitted to collect the statutory development fees
allowed by State law collected from the Orange County Rescue Mission for this project.
Other Public Facilities (Libraries). 'Implementation of the entire Reuse Plan would only
result in a library demand of up to approximately 2,500 square feet of library space. This
relatively small mount 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. In
addition, three existing public libraries exist within a .three-mile radius of the base.
Implementation Of the proposed Village of Hope project will not result in an increase in the
demand for and utilization of public services and facilities beyond the existing capacity nor
create a demand that exceeds the available planned capacity of those services.
General Implementation Requirements: To support development in the reuse plan area, the
Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent
Exhibit 1
Evaluation of Environmental Impacts
Village of'Hope
Page 20
with demand. The Rescue Mission will be required to comply with the following applicable
implementation measures'
General.
The City of.Tustin and the City of Irvine, each within its respective jurisdiction, shall
ensure that adequate fire protection, police protection, and parks and recreation
facilities (including bikeways/trails) needed to adequately serve the reuse plan area
shall be provided as necessary. To eliminate any negative impact the project could
have on each community's general fund, financing mechanisms including but not
limited .to developer fees, assessment district financing, and/or tax increment
financing (in the event that a redevelopment project area is created for the site), shall
be developed and used as determined appropriate by each City. Specifically;
(1) Applicants for private development projects shall be.required to enter into an
agreement with City of Tustin or'the City of Irvine, as applicable, to establish
a fair-share mechanism to provide needed' fire and police protection services
and parks and recreation facilities (including bikeways) through the use of fee
schedules, assessment district financing,..Community Facility District
financing, or other mechanisms as determined appropriate by each respective
city.
(2) Recipients of property through public conveyance process shall be required to
mitigate any impacts of their public uses of property on public services and
facilities.
Fire Protection/Emergency Medical Services.
· Prior to the first final map recordation or building permit issuance for development
(except for financing and reconveyances purposes), the project developer could be
required to enter into an agreement with the City of Tustin or City of Irvine/OCFA, as
applicable, to address impacts of the project on fire services. Such agreement could
include participation for fire protection, personnel and equipment necessary to serve
the project and eliminate any negative impacts on fire protection services.
· Prior to issuance of building permits, the project developer shall work closely with
the OCFA to ensure that adequate fire protection measures are implemented in the
project.
Prior to the issuance of building permits, the project developer shall submit a fire
hydrant location plan for the review and approval of the Fire Chief and ensure that
fire hydrants capable of flows in amounts approved by the OCFA are in place and
operational to meet fire flow requirements.
Police Protection.
Prior to issuance of building permits, the project developer shall work closely with
the respective Police Department to ensure that adequate security precautions are
implemented in the project.
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 21
Schools.
Prior to the issuance of certificates of use and occupancy, the project developer shall
submit to the respective City proof of payment of appropriate school fees adopted by
the applicable school district.
Parks and Recreation.
Prior to the first final map recordation (except for financing and reconveyance
purposes) or building .permit issuance for development within the City of Tustin
portion of the site, the project developer shall be required to provide evidence of
Compliance with all requirements and standards of the City of Tustin Park Code.
Prior to' the first concept plan for tentative tract map in the City of Tustin, the project
developer shall file a petition for the creation of a landscape maintenance district for
the project area with the City of Tustin. The district shall 'include public
neighborhood parks, landscape improvements, and specific trails (Barranca only), the
medians in arterials, or other eligible items mutually agreed to by the petitioner and
the City of Tustin. In the event that a district is not established prior to issuance of
the first building permit, maintenance of items mentioned above shall be the
responsibility of a community association.
..Miti~ationAklonitorin~ Required: No mitigation is required.
Sources'
Submitted Plans
Program.EIS/ElR for Disposal and Reuse' of MCAS Tustin (Pages 3-47 to 3-
57, 4-56 to 4-80 and 7-21 to 7-22)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3'-37).
RECREATION
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?
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?
For parks and recreation, the Tustin General Plan standard for determining capacity is three
acres per 1,000 population. Using this standard, approximately 37.5 acres of parkland
would be required to support the.projected on-site residential population at build-out of the
Reuse Plan. The Reuse Plan provides for a new 85.5-acre Regional Park, a 24-acre
Community Park and two 5+-acre Neighborhood Parks along with a significant number of
regional and community tiding and hiking paths through the property, a privately owned
159-acre golf course, play areas associated with schools and child care facilities. The
Exhibit 1'
Evaluation of Environmental Impacts
Village of HoPe
Page 22
provision of these new recreational facilities would resolve almost 80 percent of the City of
Tustin's parkland deficiency which is one of the purposes of the Reuse Plan as a whole.
The Village of Hope is intended to operate as a closed environment, with restricted access
and egress for program participants, staff and visitors. Consequently, it is not anticipated
that the project will significantly increase the use of existing neighborhood, regional parks
or other recreational facilities.
Mitigation/Monitoring Required: No mitigation is required.
Sources:
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47.to 3-
57, 4-56 to 4-80 and 7-21 to 7-22
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37)
Tustin Parks and Recreation Services Department
TRANSPORTATION & CIRCULATION
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 traffic 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?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
The Program EIS/EIR indicates that transportation and circulation impacts would be created
through the phased development of the approved Reuse Plan. A projected 109,804 Average
Daily Trips (ADT) would be generated by full redevelopment of the base that, if left
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 23
unmitigated, would overburden existing roadways and intersections surrounding .the base
property.
However, Vehicle trips generated fi'om the Village. of Hope development would utilize
existing on-site and off-site roadways previously utilized when the property was used at full
capacity by the military. The Program EIS/EIR indicates that traffic circulation activities at
MCAS Tustin generated a baseline of 12,400 ADT when the base was fully .operational
(1993). Valencia Avenue (at Red Hill) was an access location that accounted for 4,900 of
these baseline average daily trips.
,
,
The Village of Hope will not allow future tenants to operate a vehicle but will generate
employee, visitor and occasional special event traffic. Due to the fact that the base has
closed and realignment of military personnel and familieS has occurred, previous daily trips
to and fi'om the base have nearly ceased. According to the Specific Plan's Phasing Plan
(Table 4-1), the proposed development of the Village of Hope (192 room transitional
housing) was anticipated to create only 941 ADT within the first phase of development.
These trips will be directed to and from the Valencia Avenue access to the base. A
comparison of the baseline average daily trips 'to the daily trips generated by the proposed
Village of Hope project (4,900 ADT vs. 941 ADT) reveals that the.project would not result
in transportation and circulation impacts other than possible short-term construction-related
impacts including lane closures with short-term disruption to the public.
Closure of MCAS Tustin and the realigrm~ent of servicemen and the families have
significantly reduced previously existing MCAS Tustin demands upon public transit
services, airport, parking, and the bicycle trail system. Programs envisioned by the Village
of Hope will be a closed-site program with participants not typically allowed to leave the
site unattended. Consequently, it is not anticipated that the Village of Hope project would
generate demands upon these other public systems.
The City of Tustin will monitor all new development within the Reuse Plan, accounting for
the cumulative ADT generated by development projects (including the Village of Hope) to
ensure the' construction of necessary roadway improvements as each ADT threshold is
reached. City of Tustin ground lease provisions requires the Village of Hope' to
proportionately pay for municipal services, utilities and infrastructure improvements to .the
Premises. The proPosed Village of Hope project' would not result in a significant
transportation and circulation impact beyond the short-term impacts anticipated during
construction (e.g., lane closures, street/utility construction, construction vehicle traffic, etc.).
To ad&ess these construction related impacts, the Rescue Mission will be required to meet
Program EIS/EIR Implementation Measures and Mitigation Measure T/C-1 (below). With
this mitigation measure, potential impacts to transportation and circulation resources can be '
reduced to a level of insignificance.
Mitigation/Monitorimz Required: Mitigation measures have been adopted by the Tustin
City Council in the Program EIS/EIR. The City of Tustin is required to ensure that Program
Exhibit 1
Evaluation of Environmental Impacts
'Village of Hope
Page 24
EIS/EIR Mitigation Measures IA-2, IA-3, IA-4, IA-5, IA-7, T/C-I, T/C-4, T/C-5, T/C-6 and
T/C-7 are implemented for this' project.
IA-2 - Table 7-3 of the Final EIS/EIR (see Table 6 at the end of the Mitigation
Monitoring and Reporting Program) presents the Trip Budget which summarizes the
square footage of non-residential uses allocated to each neighborhood by Planning
Area and the associated ADT. (Residential uses are shown for information only, they
are not part of the budget.) Pursuant to Section 3.2.4 of the Specific Plan, the City of
Tustin shall implement the trip budget by neighborhood to control the amount and
intensity of non-residential uses. Trip Budget transfers between neighborhoods shall
also be implemented as directed in subsection 3.2.4 of the Specific Plan.
· IA-3 - Prior to the approval of (1) a Planning Area Concept Plan pursuant to Section
4.2 of the Specific Plan, (2) a site development permit, or (3) a vesting tentative map
for new square footage (not for financing or conveyance purposes), a project
developer shall provide traffic information consistent with the provisions of the
Specific Plan, this EIS/EIR and the requirements of the City of Tustin Traffic
Engineer. The traffic information shall (a) identify and assign traffic circulation
mitigation measures required in the EIS/EIR pursuant to the Phasing Plan 'described
in Table 4.12-10 of the Final EIS/EIR (see Table 5 at the end of the Mitigation
Monitoring and Reporting Program); (b) evaluate the effects of either the delay of any
previously committed-circulation improvements or the construction of currently
unanticipated circulation improvements; and (c) utilize the circulation system and
capacity assumptions within the EIS/EIR and any additional, circulation
improvements completed by affected jurisdictions for the applicable timeframe of
analysis.
IA-4 - Prior to the issuance of building permits for new development within planning
areas requiting a concept plan, a project developer shall enter into an agreement with
the City of Tustin to (a) design and construct'roadway improvements consistent with
the ADT generation Phasing Plan described in Table 4.12-10 of the Final EIS/EIR
(see Table 5 at the end of the Mitigation Monitoring and Reporting Program) and (b)
address the impact of and specify the responsibility for any previously committed
circulation improvements assumed in the EIS/EIR which have not been constructed.
· IA-5 - If a subsequent traffic Phasing Plan demonstrates that certain circulation
improvements should be included in a different phase of Specific Plan development
(accelerated or delayed) or that a circulation improvement can be substituted, the
mitigation Phasing Plan in Table 4.12-10 of the Final EIS/EIR (see Table 5 at the end
of the Mitigation Monitoring .and Reporting Program) may be amended, subject to
approval of the City of' Tustin and any other affected jurisdictions, provided that the
same level of traffic mitigation and traffic capacity would be provided.
· .
IA-7 - Each Specific Plan project would contain, to the satisfaction of the City of
Tustin and/or City of Irvine, as applicable, a pedestrian circulation c'omponent
showing pedestrian access to regional hiking trails, parks, schools, shopping areas,
bus stops, and/or other public facilities.
Exhibit 1
Evaluation of Environmental Impacts
Village of H0pe
Page 25
T/C-1 - In conjunction with the approval of a site development permit, the City of
Tustin shall require each developer to provide traffic operations and control plans that
would minimize the traffic impacts of proposed construction activity. The plans shall
address roadway and lane closures, track hours and routes, and notification
procedures for planned short-term or interim changes in traffic patterns. The City of
Tustin shall ensure that the plan would minimize anticipated delays at major
intersections. Prior to approval,, the City of Tustin shall review the proposed traffic
control and operations plans with any affected jurisdiction.
T/C-4 - The City of Tustin and the City of Irvine, as applicable (for that portion of the
reuse plan area within Irvine), shall ensure that all on-site circulation system
improvements for the reuse plan area assumed in the 2005 and 2020 traffic analysis
and as shown in Table 4.12-10 of the Final EIS/EIR (see Table 5 at the end of the
Mitigation Monitoring and Reporting Program) are implemented according to the
cumulative ADT thresholds identified in the table. Under this Phasing Plan, the City
of Tustin shall mOnitor all' new development within the site, accounting for the
cumulative ADT generated by development projects. As each ADT threshold is
reached, the roadway improvements listed in Table 4.12-10 of the Final EIS/EIR (see
Table 5 at the end of the Mitigation Monitoring and Reporting Program) shall be
constructed before any additional projects Within the reuse plan area would be
approved.
· . T/C-5~ - Prior to approval of a site development permit or vesting tract, except for
financing or conveyance purposes, for all land use designation areas in Alternative 1
with the exception of the Learning Village, Community Park, and Regional Park, a
project developer shall enter into an agreement with the City of Tustin and City of
Irvine, as applicable (for that portion of the reuse plan area within Irvine) which
assigns improvements required in the EIS/EIR to the development site and which
requires participation in a fair share mechanism to design and construct required
on-site and arterial improvements consistent with the ADT generation thresholds
shown in Tables 4.12-7, 4.12-8, 4.12-9, and 4.12-10 (see Tables 2 through 5 at the
end of the Mitigation Monitoring and Reporting Program).
· T/C-6~ 'The City of Tustin and the City oflrvine, as applicable (for that portion of the
reuse plan area in Irvine), will monitor new development within the reuse plan area,
accounting for the cumulative ADTs generated by development projects within the
reuse plan area. As each cumulative ADT threshold shown in Table 4.12-1.0 (see
Table 5 at the end of the Mitigation Monitoring and Reporting Program) is reached,
the roadway improvements' listed shall be constructed before any additional projects
within the reuse plan area are .approved.
T/C-7 - The City of Tustin shall adoPt a trip budget for individual portions of the
reuse plan area to assist in the monitoring 'of cumulative ADTs and the amount and
intensity of permitted non-residential uses as evaluated in the EIS/EIR.
Table references in the mitigation measures have been changed from the Final
FEIS/EIR to match the correct table numbers in the FEIS/EIR.
Exhibit 1
Evaluation of Environmental ImPacts
Village of Hope
Page 26 ·
Sources:
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-118
through 3-142, 4-139 through 4-206 and 7-32 through 7-41)
Reuse Plan/Specific Plan for' MCAS Tustin (Pages 3-33 through 3-37).
XVI. UTILITIES & SERVICE SYSTEMS
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?
f) 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?
Much of the utility infrastructure supporting the former MCAS Tustin was originally
constructed in the 1940's. Subsequent improvements were made by the military in a
piecemeal fashion in support of a military mission with the existing systems now determined
to be antiquated, undependable and inadequate to support reuse. Redevelopment of the
former MCAS Tustin requires the construction of new backbone domestic and reclaimed
water, sanitary sewer, drainage, electricity, natural gas, telephone, and cable television
systems. New utility backbone systems will be constructed concurrently with the planned
arterial streets depicted in the Reuse Plan for MCAS Tustin. Construction of these
backbone systems would be done in accordance with a phasing plan to meet utility needs as
development of the site proceeds. The Program EIS/EIR indicates that a "proposed
development not supported by existing utilities would only be approved when necessary
utilities could be provided and financed as conditions of development approval."
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 27
Due to the reduction .of utility and service usage caused by base closure and realignment, the
Village of Hope project would not immediately or negatively impact utility service
provider's (electricity, gas, telephone, cable television, etc.) off-site capacity. However, the
existing utilities and public services previously provided at the former MCAS Tustin are
insufficient to permanently support implementation of the Reuse Plan, including the
proposed Village of Hope project. Ultimately, new off-site and on-site backbone utility
systems or supplies are necessary to support the development of the Reuse Plan (including
the Village of Hope site) which will result in adverse changes or alterations to the physical
environment, reduction of existing utility supplies or other negative effects to on-site and
off-site capacity or provision of service to the project. Existing on-site utility systems are
currently owned by the Navy and maintenance of these lines, if temporarily used in support
of the project until the backbone systems are in place, will be the responsibility of the
Orange County Rescue Mission.
Due to the reduction of usage caused by base closure and realignment, implementation of
the Village of Hope project would not immediately result in new landfill service systems or
facilities. However, the Village of Hope project would cumulatively contribute to an
estimated 37,000 tons of solid waste generated by full implementation of the Reuse Plan.
General Implementation Requirements: In support of proposed development at the former
base, the Reuse Plan/Specific Plan requires backbone utility systems to be provided
concurrent with demand. The Rescue Mission will be required to comply with the
following implementation measures:
· Prior to a final map recordation (except for. financing and reconveyance purposes),
the development applicant shall enter into an agreement with the City of Tustin and
City of Irvine and any appropriate regional utility agencies, districts, and providers, as
applicable, to dedicate all easement, fights-of-way, or other land determined
necessary to construct adequate utility infrastructure and facilities to serve the project
as determined by the city, agency, district, or other providers.
· Prior to any final map recordation (except for'financing and conveyance purposes),
the development 'applicant shall enter into a secured agreement with the cities of
Tustin and/or Irv. ine, as applicable, to participate on a pro-rated basis in.construction
of capital improvements necessary to provide adequate utility facilities.
· Prior to the issuance of permits for any public improvements or development project,
a development applicant shall submit-to the City of Tustin and City of Irvine, as
applicable, information from IRWD which outlines required facilities necessary to
provide adequate potable water and reclaimed water service to the development.
· Prior to the issuance of the certificates of use and occupancy, the project developer
shall ensure that fire hydrants capable of flows in amounts approved by the OCFA are
in place and operational to meet fire flow requirements.
Exhibit 1
Evaluation of Environmental Impacts
Village °fHope
Page 28
· Prior to the issuance of permits for any public improvements or development project,
a development applicant shall submit to the City of Tustin and City of Irvine, as
applicable, information from IRWD, OCSD, or the City of Tustin which outlines
required facilities necessary to provide adequate sanitary .sewage service to the
development.
Prior to the issuance of grading permits or approval of any subdivision map (except
for financing and reconveyance purposes), whichever occurs first, for development
within the 100-year flood plain, grading and drainage systems shall be designed by
the project developer such that all building pads would, be safe from inundation from
runoff from all storms up to and including the theoretical 100-year storm, to the
satisfaction of the City of Tustin Building Division or the Irvine Public Works
Department, as applicable. Grading permits or subdivision maps generated for
financing and reconveyance purposes are exempt.
· Prior to the approval of any applicable subdivision map (except for financing and
conveyance purposes), the developer-applicant shall design and construct local
drainage systems for conveyance of the 10-year runoff. If the facility is in a local
sump, it shall be designed to convey the 25-year runoff.
· Prior to any grading for any new development, the following drainage studies shall be
submitted to and approved by the City of Tustin, City of Irvine, and/or OCFCD, as
applicable'
(1) A drainage study 'including diversions (i.e., off-site areas that drain onto
and/or through the project site), with justification and appropriate mitigation
for any proposed diversion.
(2)
A drainage study evidencing that proposed drainage patterns would not result
in increased 100-year peak discharges within and downstream of the project
limits, and would not worsen existing drainage conditions at storm drains,
culverts, and other street crossings including regional flood control facilities.
The study shall also propose appropriate mitigation for any increased runoff
causing a worsening condition of any existing facilities within or downstream
of project limits. Implementation of appropriate interim or ultimate flood
control infrastructure construction must be included.
(3) Detailed drainage studies indicating how, in conjunction with the drainage
conveyance systems including applicable swales, channels, street flows, catch
basins, storm drains, and flood water retarding, building pads are made safe
from runoff inundation which may be expected from all storms up to and
including the theoretical 100-year flood.
Mitigation/Monitoring Required: No mitigation is required.
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 29
Sources:
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin .(pages 3-35
through 3-46, 4-32 through 4-55 and 7-20 through 7-21)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
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 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?
Based upon the foregoing, the Village of Hope project does not have the potential to
degrade the quality of the environment, substantially reduce the habitats or wildlife
populations to decrease or threaten, eliminate, or reduce animal ranges, etc. With the
enforcement of mitigation measures described above, the project does not cause unmitigated
environmental effects that will cause substantial effects on human beings, either directly or
indirectly. The program. EISfEIR previously considered all environmental impacts
associated with the implementation of the Reuse Plan (including the proposed Village of
Hope project). Consequently, the proposed project does have air quality impacts that are
individually limited, but cumulatively considerable when viewed in connection with the
effects of the reuse and redevelopment of the former MCAS Tustin. Mitigation measures
have been proposed to reduce this impact but not to a level of insignificance. A Statement
of Overriding Consideration for the Program EIS/EIR has been adopted by the Tustin City
Council on January 16, 2001.
MitigationAVlonitoring Required: Mitigation measures have been adopted by the Tustin
City Council in the Program EIS/EIR. All of the proposed project's environmental effects
have been examined and discussed above and in the Program EIS/EIR for MCAS Tustin.
Required Mitigation Measures are also specified above. No additional or new mitigation
measures would be required.
Exhibit 1
Evaluation of Environmental Impacts
Village of Hope
Page 30
Sources:
Submitted Plans
Program EIS/EIR for Disposal and Reuse of MCAS Tustin (pages 5-4
through 5-11)
Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37).
CONCLUSION
The summary concludes that all of the Village of Hope project's effects were previously examined
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 project that would substantially reduce effects of the project that have
not been considered and adopted. A Mitigation and Monitoring and Reporting Program and
Findings of Overriding Considerations were adopted for the Program EIS/EIR on January 16, 2001
and shall apply to the proposed project as applicable.
Initialstudyrescueimp3.doc