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Home My WebLink AboutRDA RES 10-03RDA RESOLUTION NO. 10-03 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO PUBLIC RESOURCES CODE SECTION 2116- AND SECTION 15168(c) OF STATE CEQA GUIDELINES THE PROJECT IS WITHIN THE SCOPE OF THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) 90-1 AND FINAL SUPPLEMENT #1 TO EIR 90-1 AND NO NEW ENVIRONMENTAL DOCUMENT IS REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT The Tustin Community Redevelopment Agency ("Agency") of the City of Tustin does hereby resolve as follows: The Agency finds and determines as follows: A. That the sale of the properties at 14741 and 14751 Newport Boulevard from the Tustin Community Redevelopment Agency to the City pursuant to which the City would utilize the properties for required right-of-way at the northwest corner of Newport Avenue and Sycamore Avenue for the proposed future improvements to Newport Avenue and then dispose of the remaining property not needed for right-of-way purposes for future redevelopment is considered a "Project" pursuant to the terms of the California Environmental Quality Act; B. Final Environmental Impact Report (EIR) 90-1 for the Pacific GentFyr East Specific Plan, including the proposed extension of Newpod Avenue, certified by the Tustin City Council on December 17, 1990, and Supplement #i to Final EIR 90-1 for the "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Avenue Widening" project certified by the Tustin City Council on May 5, 2003. Conveyance of the subject property was envisioned originally as necessary to support construction of the "Newport Avenue Extension, .State Route 55 Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Avenue Widening" project as previously considered in Supplement #1 to EIR 90-1; and, C. That an initial study checklist, attached as Exhibit A hereto, was prepared to evaluate the potential impacts associated with the Project. The initial study checklist demonstrates that all potential impacts of the Project were addressed by the certified Final EIR 90-1 and Supplement #1, no additional impacts have been identified or substantial increase in the severity of any previously identified significant impacts in the Final EIR 90-1 and Supplement #1 have been identified, and all applicable mitigation measures will be implemented through the Mitigation Monitoring Program for the Project (Attachment 2 of RDA Resolution 10-03 Page 1 of 3 Exhibit A). The Agency hereby finds the Project is within the scope of the previously approved Final Environmental Impact Report (EIR) 90-1 for the Pacific Center East Specific Plan, including the proposed extension of Newport Avenue, certified by the Tustin City Council on December 17, 1990, and Supplement #1 to Final EIR 90-1 for the "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Avenue Widening" Project certified by the Tustin City Council on May 5, 2003; that no substantial changes are proposed in the Project or have occurred with respect to circumstances under which the Project is being undertaken since certification of the EIR and Supplement #1; no new information has become available since the certification of the EIR and Supplement #1, and pursuant to Public Resources Code Section 2116 and the requirements of CEQA regulations promulgated with respect thereto including Title 14 California Code of Regulations Sections 15162 and 15168(c), no additional environmental analysis, action or document is required by the CEQA. PASSED AND ADOPTED at a regular meeting of the Tustin Community Redevelopment Agency held on the 19th day of January 2010. Xf-TE$T: 002Rt�-- PAMELA STOK Recording Secretary RDA Resolution 10-03 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex -officio Secretary of the Tustin Community Redevelopment Agency of the City of Tustin, California, do hereby certify that the whole number of the members of the Redevelopment Agency of the City of Tustin is five; that the above and foregoing RDA Resolution No. 10-03 was duly passed and adopted at a regular meeting of the Tustin Community Redevelopment Agency, held on the 19th day of January, 2010, by the following vote: AGENCYMEMBER AYES: AGENCYMEMBER NOES: AGENCYMEMBER ABSTAINED AGENCYMEMBER ABSENT: PAMELA STOKER Recording Secretary RDA Resolution 10-03 Page 3 of 3 Amante, Nielsen, Davert, Palmer. Gavello (5) None (0) None (0) None (0) EXHIBIT A RESOLUTION 10-03 EXHIBIT A RESOLUTION NO. 10-03 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects with Previously Certified/Approved Environmental Documents: Final Environmental Impact Report (EIR) 90-01 and Supplement #1 to Final EIR 90-01 For the "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Widening" Project EXHIBIT A OF RESOLUTION NO. 10-12 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Final Environmental Impact Report (EIR) 90-1 and Supplement #1 to Final EIR 90-1 For the "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Avenue Widening" Project This checklist and the attached evaluation of environmental impacts (Attachment 1 of Exhibit A of Resolution No. 10-12) takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Newport Avenue Extension Property Conveyances Pursuant to Health and Safety Code Section 33433 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Ms. Christine A. Shingleton Phone: (714) 573-3107 Project Location: 14741 and 14751 Newport Boulevard Project Sponsor's Name and Address: City of Tustin 300 Centennial Way Tustin, California 92780 General Plan Designation: High -Density Residential Zoning Designation: R-3 (Multiple -Family Residential) Project Description: The Tustin Community Redevelopment Agency proposes to sell the properties at 14741 and 14751 Newport Boulevard to the City pursuant to which the City would utilize the properties for required right-of-way at the northwest corner of Newport Avenue and Sycamore Avenue for the proposed future improvements to Newport Avenue and then dispose of the remaining property not needed for right- of-way purposes for future redevelopment consistent with the South Central Project Area Redevelopment Plan, the Tustin General Plan and Tustin City Code. Conveyance of the subject property was envisioned originally as necessary to support construction of the "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Avenue Widening" Project as previously considered in Supplement #1 to EIR 90-1. B. Surrounding Uses: North and West: Residential South: Residential (across Sycamore Avenue and Newport Avenue) East: Office/Commercial (across Newport Avenue) Previous Environmental Documentation: Final Environmental Impact Report (Program EIR) 90-1 for the Pacific Center East Specific Plan, including the proposed extension of Newport Avenue, certified by the Tustin City Council on December 17, 1990, and Supplement #1 to Final EIR 90-1 for the "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Avenue Widening" Project certified by the Tustin City Council on May 5, 2003. 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 C. DETERMINATION: On the basis of this initial evaluation: ❑Hazards and Hazardous Materials ❑Noise ❑Public Services ❑Utilities and Service Systems ❑Aesthetics ❑Cultural Resources ❑Recreation ❑Mandatory Findings of Significance ❑ 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 environment, 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: ��4 / Date: 121.73 d Mat West, Redevelopment Project Manager -Zez&n;�:e A"(44, Christine A. Shingleton, Assist City Manager D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached Date h/Z-J30f EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? H. 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? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ D ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through 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: No Substantial New More Change From Significant Severe Previous Impact Impacts 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 wastewater disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the 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? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ 11 ❑ ❑ ❑ ❑ IE ❑ ❑ ❑ ❑ ❑ ❑ 11 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 11 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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? VIII. HYDROLOGY AND WATER OUALITY: — 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 pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING— Would the project: a) Physically divide an established community? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan'? X. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of 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 groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project'? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? 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? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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? ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts 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? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ 1-1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Attachment 1 of 2 Exhibit A RESOLUTION NO. 10-03 Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Pursuant to Health and Safety Code Section 33433 EVALUATION OF ENVIRONMENTAL IMPACTS NEWPORT AVENUE EXTENSION PROPERTY CONVEYANCES PURSUANT TO HEALTH AND SAFETY CODE SECTION 33433 PREVIOUS ENVIRONMENTAL DOCUMENTATION On December 17, 1990, the Tustin City Council certified Final Environmental Impact Report (EIR) 90-1 (the "FEIR 90-1") for the Pacific Center East Specific Plan in accordance with the California Environmental Quality Act (CEQA). The Specific Plan project proposed the development of an 8.9 acre commercial center, 33.2 acre regional center, 36.7 acre office center, and 44.2 acre technology center. The project approved in 1990 included the proposed extension of Newport Avenue and the reconfiguration of the SR 55 interchange at Edinger Avenue as part of the circulation system improvements within the Specific Plan area. Subsequent to certification of FEIR 90-1, refinements occurred to the circulation system improvements, including widening of Valencia Avenue and Edinger Avenue. Additional environmental analysis was performed per Section 15163 of the CEQA Guidelines for project refinements referred to as the "Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Avenue Widening" (the "Newport Avenue Extension Project"); the Tustin City Council certified Final Supplement #1 to EIR 90-1 ("Supplement #1") on May 5, 2003. The FEIR 90-1 and Supplement #1 analyzed a multi -phase development period for the planned Pacific Center East Specific Plan and Newport Avenue Extension Project. When individual activities in Pacific Center East Specific Plan and Newport Avenue Extension Project are proposed, the City is required to examine the individual activities to determine if their effects were fully analyzed in the FEIR 90-1 and Supplement #1. The City can approve the activities as being within the scope of the project covered by the FEIR 90-1 and Supplement #1. If the City finds that pursuant to Sections 15162, 15164, and 15183 of the CEQA Guidelines no new effects would occur, nor would a substantial increase in the severity of previously identified significant effects occur, then no supplemental or subsequent environmental document is required. Conveyance of the subject properties was envisioned originally as necessary to support completion of the Newport Avenue Extension Project. The proposed sale of the properties at 14741 and 14751 Newport Avenue from the Tustin Community Redevelopment Agency to the City of Tustin (the "Project') pursuant to which the City would utilize the properties for required right-of-way at the northwest corner of Newport Avenue and Sycamore Avenue for the proposed future improvements to Newport Avenue and then dispose of the remaining property not needed for right-of-way purposes for future redevelopment, the City prepared a comprehensive Environmental Checklist and the analysis provided below to determine if the Project is within the scope of the FEIR 90-1 and Supplement #1 and if new effects would occur as a result of the project. PROJECT LOCATION The Project sites are located in the southwest portion of the City of Tustin, which is in central Orange County. The properties subject to the conveyance are located 14741 and 14751 Newport Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 2 Avenue at the northwest corner of Newport Avenue and Sycamore Avenue. The properties are located in the northern portion (Phase II) of the Newport Avenue Extension Project and would be utilized for required right-of-way for improvements to the intersection of Newport Avenue and Sycamore Avenue. PRESENT CONDITIONS OF THE PROPERTY The Project consists of two 0.2 -acre parcels, both of which are currently owned by the Tustin Community Redevelopment Agency and are each developed with a two-story, four -unit apartment building (4,216' square feet) constructed in 1967. The sale of the properties at fair market value from the Tustin Community Redevelopment Agency to the City of Tustin will result in transfer of property ownership to the City of Tustin with the Agency retaining under contract to the City property management responsibilities until any remaining portion of the property not needed for right-of-way is transferred by the City to a private entity for development. EVALUATION OF ENVIRONMENTAL IMPACTS The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Substantial Change from Previous Analysis.. Acquisition and development activities related to the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. There are no designated scenic vistas or scenic state highway in the vicinity; therefore, the proposed conveyance would not result in a substantial adverse effect on a scenic vista or scenic state highway. The proposed conveyance would not change the conclusions of the analysis from the FEIR 90-1 and Supplement #1 relative to these visual changes. . The proposed conveyances are necessary to continue supporting development of Newport Avenue improvements as envisioned with the Extension Project and would not modify the Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 3 land use plan adopted by the City Zoning Code. No change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1 Mitigation/Monitoring Required: The mitigation measures applicable to the Project have been implemented with adoption of Newport Avenue Extension Project. No refinements need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan 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? No Substantial Change from Previous Analysis The proposed Project will not directly cause any impacts to agricultural resources since the subject properties are fully developed. Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. The Project is within the scope of the Newport Avenue Extension Project as that identified in the FEIR 90-1 and Supplement #l. Implementation of the proposed Project would not impact areas mapped as Prime Farmland. Additionally, the properties have been developed as apartment buildings since 1967 and there are no areas subject to a Williamson Act contract. Implementation of the proposed Project would not change the impact conclusions presented in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required.• The mitigation measures applicable to the Project have been implemented with adoption of Newport Avenue Extension Project. No refinements Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 4 need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan 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 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? No Substantial Change from Previous Analysis. The proposed Project will not directly cause any air quality impacts. Development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. FEIR 90-1 and Supplement #1 determined that regional ambient air quality conditions, combined with regional cumulative traffic, contribute to the exceedance of daily State and Federal standards for several air pollutants. Consequently, mitigation measures were identified in FEIR 90-1 and Supplement #1 to minimize these impacts. However, a Statement of Overriding Considerations was adopted for cumulative air quality impacts that could not be mitigated. A Statement of Overriding Considerations for the Supplement #1 was adopted by the Tustin City Council on May 5, 2003, to address significant unavoidable short-term, long-term, and cumulative air quality impacts. Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIR 90-1 and Supplement #1 for operational and construction activities. However, the Supplement #1 also concluded that the related operational air quality impacts were significant and could not be fully mitigated. A Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 5 Statement of Overriding Considerations for the Supplement #1 was adopted by the Tustin City Council on May 5, 2003 (Resolution No. 03-72). No new mitigation measure is required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan IV. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through 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? No Substantial Change from Previous Analysis. The proposed Project will not directly cause impacts to any biological resources. Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. The FEIR 90-1 and Supplement #1 found that implementation of the Newport Avenue Extension Project would not result in any potential impacts related to the change of diversity Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 6 of species, reduction of the number of unique or endangered species of plant life, or the introduction of new plant life into the area. No new impacts have been identified. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General 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 formal cemeteries? No Substantial Change from Previous Analysis The proposed will not directly cause impacts to any cultural resources. Development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. No substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required.• Mitigation measures have been adopted by the Tustin City Council in the FEIR 90-1 and Supplement #1; these measures are included in the Mitigation Monitoring Program for the project. No refinements need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan VI. GEOLOGY AND SOILS — Would the project: Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 7 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 (2001), 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? No Substantial Change from Previous Analysis Acquisition and Development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. The physical impacts resulting from Newport Avenue Extension Project will involve grading, soil erosion and loss of topsoil but will not appreciably alter topography in the area, particularly on the subject properties. The Newport Avenue Extension Project would not expose people or structures to adverse effects involving earthquake faults, seismic ground shaking, liquefaction, landslides or expansive soils. Development activities have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no demonstrable negative geology or soil effect on the site. No substantial change is expected for development of the project from the analysis previously completed in the FEIS/EIR for WAS Tustin and Addendum. Mitigation measures are included to reduce the roadway extension, freeway ramp improvements and roadway widening impacts on geology and soils to a level of insignificance. No substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 8 Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIR 90-1 and Supplement #1; these measures are included in the Mitigation Monitoring Program for the project. No refinements need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan VII. HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through 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? 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? No Substantial Change from Previous Analysi& Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 9 substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. Mitigation measures have been incorporated in the FEIR 90-1 and Supplement 90-1 and no substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required.• Mitigation measures have been adopted by the Tustin City Council in the FEIR 90-1 and Supplement #1; these measures are included in the Mitigation Monitoring Program for the project. No refinements need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Airport Environs Land Use Plan (AELUP) Tustin General Plan VIII. HYDROLOGY AND WATER QUALITY — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate 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? Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 10 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? No Substantial Change from Previous Analysis. Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. No substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required: Compliance with existing rules and regulations would reduce any potential impacts related to water quality and groundwater to a level of insignificance and no additional mitigation is required for the Project. Mitigation Measures related to hydrology and drainage were certified by the Tustin City Council in FEIR 90-1 and Supplement #1; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan IX. LAND USE AND PLANNING — Would the project: 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? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Substantial Change from Previous Analysis The proposed Project will not directly cause impacts to land use and planning, or conflict with any habitat conservation plan or natural community conservation plan. Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 11 The proposed Project will comply with the Mitigation Measures related to Land Use as identified in FEIR 90-1 and Supplement #1, including conveyance of the properties to the City at reuse value as identified in the "Summary Report Pertaining to the Sale of Real Property at 14751 and 14741 Newport Avenue" prepared by Keyser Marston Associates ("KMA"). Mitigation measures have been incorporated in the FEIR 90-1 and Supplement #1 and no substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIR 90-1 and Supplement #1; these measures are included in the Mitigation Monitoring Program for the project. No refinements need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan "Summary Report Pertaining to the Sale of Real Property at 14741 and 14751 Newport Avenue" prepared by KMA X. MINERAL RESOURCES — Would the project: 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? No Substantial Change from Previous Analysis The proposed Project will not directly cause impacts to any known or unknown mineral resources; however, the FEIR 90-1 and Supplement #1 indicated that Newport Avenue Extension Project will not result in the loss of any mineral resources. Consequently, no substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan XI. NOISE — Would the project: Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 12 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 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 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? No Substantial Change from Previous Analysi& Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to result in short-term roadway and freeway ramp construction noise impacts, and contribute to significant noise level increases along McFadden Avenue east of SR -55. Consequently, mitigation measures were identified in FEIR 90-1 to minimize these impacts. However, a Statement of Overriding Considerations was adopted for cumulative noise impacts that could not be mitigated to a less -than - significant level. A Statement of Overriding Considerations for the Supplement #1 was adopted by the Tustin City Council on May 5, 2003, to address significant unavoidable noise impacts. Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIR 90-1 and Supplement #1. However, the Supplement #1 also concluded that the cumulative noise impacts along McFadden Avenue east of SR -55 were significant and could not be fully mitigated (this does not impact the subject properties or project). A Statement of Overriding Considerations for the Supplement #1 was adopted by the Tustin City Council on May 5, 2003 (Resolution No. 03-72). No new mitigation measure is required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 13 XII. POPULATION & 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? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Substantial Change from Previous Analysis Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. No substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIR 90-1 and Supplement #1; these measures are included in the Mitigation Monitoring Program for the project. No refinements need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan 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: No Substantial Change from Previous Analysis. The proposed Project is not expected to directly cause impacts to public services. Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 14 No substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIR 90-1 and Supplement #1; these measures are included in the Mitigation Monitoring Program for the project. No refinements need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan 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? No Substantial Change from Previous Analysis The proposed Project will not directly cause impacts to existing neighborhood and regional parks and recreational facilities, nor require the construction or expansions of additional recreational facilities. Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. No substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIR 90-1 and Supplement #1; these measures are included in the Mitigation Monitoring Program for the project. No refinements need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 15 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? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Substantial Change from Previous Analysis. The proposed Project not directly cause transportation or traffic related impacts, including resulting in inadequate emergency access or parking capacity. Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to result in short-term roadway and freeway ramp construction noise impacts. FEIR 90-1 determined that the Newport Avenue Extension Project will contribute to significant traffic level increases along McFadden Avenue east of SR -55. Consequently, mitigation measures were identified in FEIR 90-1 to minimize these impacts. However, a Statement of Overriding Considerations was adopted for a traffic impacts that could not be mitigated to a less -than -significant level at the intersection of the SR -55 Southbound Ramps and Edinger Avenue due to existing condition of the SR -55 Freeway bridge conditions at Edinger Avenue. A Statement of Overriding Considerations for the Supplement #1 was adopted by the Tustin City Council on May 5, 2003, to address significant unavoidable noise impacts. MitigationlMonitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIR 90-1 and Supplement #1. However, the Supplement #1 also concluded that the traffic impact is significant and could not be fully mitigated. A Statement of Overriding Considerations for the Supplement #1 was adopted by Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 16 the Tustin City Council on May 5, 2003 (Resolution No. 03-72). No new mitigation measure is required. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan 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? No Substantial Change from Previous Analysis Acquisition and development activities of the Newport Avenue Extension Project have been previously considered within the FEIR 90-1 and Supplement #1 and have been found to have no new effects, nor would a substantial increase in the severity of previously identified significant effects occur as a result of the proposed Project. No substantial change is expected from the analysis previously completed in the FEIR 90-1 and Supplement #1. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIR 90-1 and Supplement #1; these measures are included in the Mitigation Monitoring Program for the project. No refinements need to be made to the FEIR 90-1 and Supplement #1 mitigation measures and no new mitigation measures are required. Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 17 Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan 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? No Substantial Change from Previous Analysix The FEIR 90-1 and Supplement #1 previously considered all environmental impacts associated with Newport Avenue Extension Project, including any future acquisitions of the properties at 14741 and 14751 Newport Avenue. With the enforcement of the FEIR 90-1 and Supplement #1 mitigation and implementation measures approved by the Tustin City Council in the Mitigation Monitoring Program for the project, the proposed project would not cause unmitigated environmental effects that will cause substantial effects on human beings either directly or indirectly nor degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. To address cumulative impacts, a Statement of Overriding Consideration for the FEIR 90-1 and Supplement #1 was adopted by the Tustin City Council on May 5, 2003 (Resolution No. 03-72) for issues relating to air quality, noise, and transportation/traffic. The project does not create any impacts that have not been previously addressed by the FEIR 90-1 and Supplement #1. Sources: Field Observations FEIR 90-1 and Supplement #1 Pacific Center East Specific Plan Tustin General Plan CONCLUSION Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Page 18 The proposed project's effects were previously examined in the FEIR 90-1 and Supplement #1. No new effects will occur, no substantial increase in the severity of previously identified significant effects will occur, no new mitigation measures will be required, no applicable mitigation measures previously not found to be feasible would in fact be feasible, and no new mitigation measures or alternatives applicable to the project that have not been considered are needed to -substantially reduce effects of the project. Implementation of activities and development at the project site could be subject to subsequent environmental review under CEQA as may be required by law. 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