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Home My WebLink AboutCC RES 10-12RESOLUTION NO. 10-12 A RESOLUTION OF THE CITY COUNCIL 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 City Council of the City of Tustin does hereby resolve as follows: The City Council 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 Center East Specific Plan, including the proposed extension of Newport Avenu(?x certified by the Tustin City Council on December 17, 1990, and Supplement 91 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 Exhibit A). Resolution 10-12 Page 1 of 3 II. The City Council 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 City Council held on the 19th day of January 2010. ATTEST: Stoker, City Clerk Resolution 10-12 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS _ 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. 10-12 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 19th day of January, 2010, by the following vote: COUNCILMEMBER AYES: Amante, Nielsen, Davert Palmer Gavello (5) COUNCILMEMBER NOES: None (o) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: None (0) .r 0 Resolution 10-12 Page 3 of 3 EXHIBIT A RESOLUTION 10-12 Exhibit A of Resolution No. 10-12 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 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. Preparers VV'✓ Date: 2 3 d Ma West, Redevelopment Project Manager A"&' - Christine A. Shingleton, Assist4d City Manager D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached Date A"70f 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? 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 OUALITY: 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 ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 11 ❑ ❑ 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 ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 ❑ ❑ ❑ ❑ 11 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ D ❑ I -I n irn 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? ❑ 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? ❑ ❑ ED 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? ❑ ❑ 10 f) Result in inadequate parking capacity? I-1 n 1571 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 ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ 19 ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ 13 0 Exhibit A of Resolution No. 10-12 Attachment 1 of 2 Evaluation of Environmental Impacts Newport Avenue Extension Property Conveyances Pursuant to Health and SafetyCode 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 #1. 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? 0 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 Analysi& 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. MitigationJMonitoring 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 MCAS 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 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 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 #l. 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 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 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. 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 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. 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 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 Analysis. 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. No substantial change is expected from the analysis previously completed in FEIR 90-01 and Supplement #1 Attachment 2 of 2 (Exhibit A of Resolution No. 10-12) Mitigation Monitoring and Reporting Program Final Environmental Impact Report (FEIR) 90-1 and Supplement #1 to FEIR 90-1 (Mitigation and implementation measures applicable to the Project are noted in bold.) Mitigation Monitoring and Reporting Program Mitigation Measures for Aesthetics Community Development shall review plans for compliance Prior to approval City of Tustin Mitigation Measure Timing & Mitigation Monitoring and project lighting is not directed into adjacent residential areas. Implementation Compliance Enforcement Community Development shall review on-site shade/shadow Prior to issuance of Res onsibili Res onsibili Mitigation Measures for Aesthetics Community Development shall review plans for compliance Prior to approval City of Tustin Community with the Signage Concept in the specific plan to ensure of site plans Development project lighting is not directed into adjacent residential areas. Department Community Development shall review on-site shade/shadow Prior to issuance of City of Tustin Community impacts of proposed office towers in Planning Area 10 during the building permits Development required Concept Plan Review (Section 5.0 of the specific plan) Department submittal and for each subsequent site plan for Planning Area 6, 8 Lighting north of Edinger Avenue shall be screened to reduce Prior to approval City of Tustin Community glare. of street Development improvement Department plans, site plans and building permits All mechanical equipment shall be screened. Prior to approval of City of Tustin Community site plans and Development building ermits D artment Mitigation Measures for Agriculture Resources tntenm agricultural uses may be permitted while the development City of Tustin Community occurs within the specific plan area provided that the uses comply Development with provisions of the Pacific Center East Specific Plan. Department Mitigation Measures for Air Quality Upon grading plan review, the Community Development Ongoing during City of Tustin Community Department shall indicate when construction periods are grading Development prohibited. The impact of short-term construction generated Department emissions shall be reduced to the extent feasible by the Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Responsibility Res onsibility following measures: • Construction related dust shall be reduced, particularly during the driest summer months, by periodically watering and by paving the area proposed for parking as soon as possible • No grading shall take place when wind velocity in the vicinity exceeds 15 miles per hour. Grading shall be prohibited during second-stage smog alerts. The project shall comply with all existing SCAQMD rules and Ongoing by SCAQMD SCAQMD re ulations. SCAG and A MD shall monitor compliance. inspection In order to reduce motor vehicle emissions, project employers Prior to issuance of SCAQMD and with more than 100 employees shall prepare a TDM (Transportation Demand Management) program. In addition, all occupancy permits Community employers with 50-100 employees shall participate in a and reviewed Development mandatory TDM after 1995 and may participate in a voluntary regularly Department TDM program required of the applicant prior to 1995. However, changes in Rule XV may supersede these requirements. Additional TDM mitigations are required in Section 3.5 of Final EIR 90-1. As well as the preparation .of a TDM program, the following Prior to approval of City of Tustin Community measures shall be implemented to reduce motor vehicle site plans Development emissions: Department • The specific plan includes a mixture of land uses which provide full service to area employees (e.g. banks, restaurants, day care, postal service). • Installation of bike lanes adjacent to the project on Newport Avenue and Valencia Avenue encourage bicycle use. Bike racks will also be installed on-site with construction of new development. Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Responsibility Responsibility • Project in lieu fees for a day care center in the early phases of the project to reduce vehicular trips. • Voluntary transportation management program for existing employers with fewer than 100 employees until 1995 or when required by Rule XV. • Mandatory transportation management program for future employers employing more than fifty employees after 1995 if not mandated by Rule XV. • Elimination of on -street parking along Newport Avenue extension. • The specific plan requires development of pedestrian walkways and related amenities; shades trees, passive plazas and courtyards, meandering sidewalks, thematic intersection linking office and commercial areas. Preferential parking for vanpools in parking structures. The transportation improvements recommended in Section Prior to approval City of Tustin Community 3.5 of FEIR 90-1 shall be designed to improve traffic flow. of street Development improvement plans City of Tustin Department Please refer to Section 3.8 of FEIR 90-1 for appropriate energy Prior to issuance of Community conservation measures which could reduce the stationary source occupancy permits Development emissions produced by the project. City of Tustin Department The applicant shall operate street sweepers on paved roads Ongoing inspection Public Works adjacent to the site, based on guidelines provided by Public during construction Department Works. Construction parking shall be contiguous to minimize traffic interference. Prior to issuance of City of Tustin Public Works -grading Construction vehicular/equipment operationsll b shall permits Prior to issuance of Department City of Tustin Public Works scheduled to minimize impacts on peak hour traffic and to grading permits Department minimize obstruction of through traffic lanes on Edinger Avenue. Mitigation Measures for Cultural Resources The City of Tustin shall contact the Native American Heritage Commission for a Sacred Lands File Check and a list of appropriate Native American contacts. Prior to grading activities City of Tustin Mitigation Measure Timing & Mitigation Monitoring and require that in the event of the accidental discovery or Implementation Compliance Enforcement recognition of any human remains in any location other than Res onsibili Res onsibili Mitigation Measures for Cultural Resources The City of Tustin shall contact the Native American Heritage Commission for a Sacred Lands File Check and a list of appropriate Native American contacts. Prior to grading activities City of Tustin Community Development As part of the construction contract, the City of Tustin shall Prior to grading City of Tustin Public Works require that in the event of the accidental discovery or activities Department recognition of any human remains in any location other than a dedicated cemetery, the following steps shall be taken: (1) There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: (A) The Orange County Coroner is contacted to determine that no investigation of the cause of death is required; and, (B) If the coroner determines the remains to be Native American: 1. The City of Tustin shall ask the coroner to contact the Native American Heritage Commission within 24 hours. 2. The City of Tustin shall ask the Native American Heritage Commission to identify the person or persons it believes to be the most likely descended from the deceased native American. 3. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of with Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Res onsibili Responsibility appropriate dignity, the human remains and any associated grave goods as provided in Public Resources Code Section 5097.98. (2) Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further subsurface disturbance. (A) The Native American heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours after being notified by the commission; (B) The descendant identified fails to make a recommendation; or, (C) The landowner or his authorized representative rejects the recommendation of the descendant, and the mediation by the Native American Heritage Commission fails to provide measures acceptable to the landowner. If historical or unique archaeological resources are During City of Tustin Public Works accidentally discovered during construction and the find is Construction Department determined to be an historical or unique archaeological resource, the City shall require as part of the construction contract that contingency funding and a time allotment sufficient to allow for implementation of avoidance measures or appropriate mitigation shall be made available. Work may continue on other areas of the project site while historical or unique archaeological resource mitigation takes place. Measure Timing & Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility Prior to Caltrans encroachment permit approval, the City of Prior to Caltrans City of Tustin Public Works Tustin shall complete a Cultural Resource Assessment pursuant encroachment permit The Community Development Department shall review building plans to assure that foundation depths for one- to three-story structures are 24 inches below grade due to the expansive soil conditions within the majority of the parcels. The depths of foundations for structures shall be commensurate on the Department to Caltrans Environmental Handbook, Volume 2, Appendix B-1, approval Community Development Department maximum loads generated. and Exhibit 1, as amended. The Community Development Department shall require that all foundations include reinforcements, as shall slabs on -grade and concrete flatwork. A bearing value on the order of 2,000 If any archaeological remains are uncovered during excavation, Ongoing during City of Tustin Community work in the affected area shall be suspended. In such an event, grading or Development a recognized specialist from an established institution shall be excavation hired to conduct a survey of the affected area. All actions taken under this measure will be in accordance with the State CEQA Guidelines. Mitigation Measures for Geology and Soils A comprehensive geotechnical and soils investigation shall be performed by any developer on each individual building site to develop preliminary soils engineering design data to be reviewed and approved by the Community Development Department. Concurrent with submittal of site plans City of Tustin Community Development Department The Community Development Department shall review grading plans to assure a minimum of 2.0 feet of compact fill soil beneath the bottom of proposed foundations is provided for one- and two- story structures. Prior to approval of grading permits City o Tustin Community Development Department The Community Development Department shall review building plans to assure that foundation depths for one- to three-story structures are 24 inches below grade due to the expansive soil conditions within the majority of the parcels. The depths of foundations for structures shall be commensurate on the Prior to approval of building permits City of Tustin Community Development Department maximum loads generated. The Community Development Department shall require that all foundations include reinforcements, as shall slabs on -grade and concrete flatwork. A bearing value on the order of 2,000 Prior to approval of building permits City of Tustin Community Development Department Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Responsibility Responsibility pounds/square foot (with increases as applicable) will be anticipated for proportioning conventional foundations. The Community Development Department shall require special Prior to approval of City of Tustin Community considerations for high-rise structures to assure adequate building permits Development foundation design. Department The Community Development Department shall review the Prior to approval City of Tustin Community proposed pavement `R' values, if possible, toward the end of of street Development grading operations when the upper 2.0 feet of the soil are improvement and Department identified due to the variety of soils in the area and the site plans possibilities of soils being blended or imported during grading. All structures will be developed in accordance with the seismic Community City of Tustin Community design provisions of the Uniform Building Code and monitored Development Development during plan check and consideration by the Community Department Department Development Department. Prior to issuance of grading permits, any developer shall Prior to approval City of Tustin Community submit a pesticides/toxicity report acceptable to the of grading permits Development Community Development Department which identifies any Department pesticide "hot spots" and recommends procedures for necessary soil mixing or removal. Mitigation Measures for Hazards and Hazardous Materials All submitted site plans (for the entire project area) which Prior to site plan City of Tustin Community propose structures over 60 feet in height shall be submitted to the approval Development Federal Aviation Administration and Airport Land Use Department Commission for review and approval. Evidence of comments or approval should be provided to Community Development. If uses are proposed on-site which include storage or use of toxic Ongoing inspections City of Tustin and Community materials, all handling and storage of toxic materials shall comply with Orange County Fire D Orange County Fire Development and artment and City regulations for Authority Orange County Fire Implementation Measures for Hazards and Hazardous Materials In the event that construction cranes or other equipment Prior to City of Tustin Mitigation Measure Timing & Mitigation Monitoring and proposed project, the construction contract shall require that Implementation Compliance Enforcement a request to use such equipment be submitted to the Federal Prior to approval Responsibility Responsibility hazardous and toxic materials. Community Development of grading plans Authority Department and the Orange County Fire Department shall assure :1 compliance. Prior to approval City of Tustin Public Works Implementation Measures for Hazards and Hazardous Materials In the event that construction cranes or other equipment Prior to City of Tustin Community exceeding sixty (60) feet in height are needed to construct the construction Development and proposed project, the construction contract shall require that Public Works a request to use such equipment be submitted to the Federal Prior to approval City of Tustin Departments Aviation Administration and the Airport Land Use of grading plans Department Commission for Orange County for review and approval. Mitigation Measures for Hydrology and Water Quality A 5.4 -acre downstream area within the F09P15 facility basin shall Prior to approval of City of Tustin Public Works be graded to flow within the F08 facility basin via storm drains in grading plans Department the proposed Newport Avenue extension and Del Amo Avenue. Final grading shall conform to the drainage concept of the Prior to approval City of Tustin Public Works specific plan to ensure that project storm runoff does not of grading plans Department exceed the capacity of local storm drains stems. On-site flooding shall be prevented by redirecting the flow to Prior to approval City of Tustin Public Works locations with adequate drainage facilities and by pumping of grading plans Department during peak events. An earthen berm shall be placed along the northern perimeter of the Prior to approval of City of Tustin Public Works site to protect it from flooding in the event of Santa Fe Channel grading plans Department overtopping. The following measures are recommended to help reduce Ongoing periodic City of Tustin Public Works project -generated storm water pollution: • Periodic cleaning (i.e., street sweeping) of paved areas to inspections Department remove small particle -size sediments with absorbed pollutants caused by users of the area. Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Responsibility Responsibility • Routine cleaning of manholes and catch basins to remove sediment and debris. • Carefully controlling pesticides and fertilizer usage. • Source control surveys of all industrial facilities to determine possible contributors to storm water pollution, especially those facilities at which storage or handling of hazardous or toxic chemicals takes place. • Controlling washdown drainage from industrial facilities. In some cases, disposal to sanitary sewers may be required. • Providing information to residents on disposal of pet wastes waste oil and grease, and pesticide containers. Soil on graded slopes shall be strengthened by planting in Prior to approval of City of Tustin Public Works accordance with the landscape concept plan presented in the landscape plans Department Specific Plan. Straw, wood chips, or plastic should be used as stabilizing agents in the interim period before the groundcover takes hold. Landscaping irrigation systems should be controlled Prior to approval City of Tustin Public Works automatically to ensure watering during early morning or of permits for Department evening hours to reduce evaporation losses. landscaping Plumbing fixtures to reduce water usage and loss should be Prior to issuance of City of Tustin Public Works utilized (i.e. low-volume toilet tanks, flow control devices for building permits Department faucets, etc.) in accordance with Title 24 of the California Administrative Code. City of Tustin Drought -tolerant plants should be incorporated into project Prior to issuance of Public Works design from the plant palette in the specific plan whenever permits for Department _possible. landscaping The realigned flood control channel shall be designed in City of Tustin and Public Works accordance with the standards and criteria of the OCFCD OCFCD Department and including, but not limited to, those defined in the Orange County OCFCD Hydrology Manual OCHM , Addendum No. 1 to the OCHM, Mitigation Measures for Land Use Any properties acquired by the City of Tustin or Tustin As needed Community Redevelopment Agency, the State and/or Caltrans shall be acquired at fair market value. When the City or any agency acquires property, the City or any agency shall be responsible for providing relocation assistance to persons and City of Tustin Community Development Department Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement and Orange County Flood Control Design Manual. Responsibility Responsibility The design of the proposed channel improvements shall be City of Tustin and Public Works accomplished concurrently with regulatory permit applications, OCFCD Department and which shall be reviewed and approved by OCFCD OCFCD An agreement to establish the terms and conditions under which City of Tustin and Public Works the channel improvements will be constructed and accepted by OCFCD Department OCFCD shall be required between the City of Tustin and OCFCD. The City of Tustin shall request a Letter of Map Revision City of Tustin Community (LOMR) from the Federal Emergency Management Agency for Development any changes to the 100- ear flood plain. All work within the State Right -of -Way shall conform to Caltrans City of Tustin Public Works Standard Plans and Standard Specifications for Water Pollution Control including production of a Water Pollution Control Department and Program or Storm Water Pollution Prevention Plan as required. Caltrans The City of Tustin shall provide to Caltrans a copy of the Storm Water Pollution Prevention Plan (SWPPP), including Water Pollution Control Drawings (WPCD) and Best Management Practices (BMPs) to be implemented for construction activities impacting Caltrans Right -of -Way, as required by the NPDES Statewide Storm Water Permit for General Construction Activities. Mitigation Measures for Land Use Any properties acquired by the City of Tustin or Tustin As needed Community Redevelopment Agency, the State and/or Caltrans shall be acquired at fair market value. When the City or any agency acquires property, the City or any agency shall be responsible for providing relocation assistance to persons and City of Tustin Community Development Department Mitigation Measures for Noise The City of Tustin shall incorporate into the design of the Prior to final City of Tustin extension and widening of Newport Avenue south of design of Newport Sycamore Avenue and implement the noise attenuation Avenue Widening measures identified in the 2002 Noise Attenuation Plan, as and Extension. The project shall comply with all City policies regarding noise, Prior to issuance of City of Tustin including limited construction hours as specified in the City of building permits Tustin Noise Ordinance and the use of properly maintained Public Works Department Community Development Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Responsibility Responsibility businesses displaced in accordance with all state requirements. In addition, the Community Development and Public Works Departments shall ensure that adequate fire and vehicle access shall be provided for all affected properties. Community Development shall review each site plan to ensure Prior to approval of City of Tustin Community that it conforms to the approved development and land use site plans Development concepts included in the specific plan. Department With submittal of the street improvement plans by the Prior to approval City of Tustin Community applicant for Newport Avenue extension, Community of street Development Development shall assure that adequate fire access for the improvement plans Department Newpointe (Archstone) apartments is provided and that a vehicle access road for the Cosmopolitan apartments (Tustin Grove) is provided, if deemed necessary. The provisions of the Specific Plan require certain dedications Prior to approval City of Tustin Community as a condition of development. Where necessary, the Tustin of street Development Community Redevelopment Agency and/or City will negotiate improvement plans Department acquisition of those properties necessary for circulation improvements not required to be dedicated as a condition of develo went. Mitigation Measures for Noise The City of Tustin shall incorporate into the design of the Prior to final City of Tustin extension and widening of Newport Avenue south of design of Newport Sycamore Avenue and implement the noise attenuation Avenue Widening measures identified in the 2002 Noise Attenuation Plan, as and Extension. The project shall comply with all City policies regarding noise, Prior to issuance of City of Tustin including limited construction hours as specified in the City of building permits Tustin Noise Ordinance and the use of properly maintained Public Works Department Community Development Mitigation Measures for Public Services If determined to be necessary by the Tustin Police Department, Prior to issuance of on-site securit personnel will be required. The Community Development Department shall assure Mitigation Measure Timing & Mitigation Monitoring and reduce darkened areas, adequate building addressing sensitive Implementation Compliance Enforcement and building which have passive and/or over surveillance Responsibility Responsibility mufflers stems on all construction equipment. Construction equipment, fixed or mobile, operated within 1,000 Prior to issuance of City of Tustin Community feet of a dwelling unit shall be equipped with properly grading permits Development operating and maintained muffler exhausts stems. Department In conjunction with Newport Avenue widening, restriping, Prior to approval City of Tustin Community and extension, sound attenuation shall be evaluated and of street Development implemented in the vicinity of location 7. The applicant shall improvement plans Department fund its proportional share of the noise monitoring and sound attenuation implementation program, based on a cost estimate approved by Community Development. These fees shall be deposited concurrently with submittal of street improvement plans for the Newport Avenue extension. City of Tustin When building permits are submitted, all applications shall be Prior to issuance of Community reviewed by Community Development for compliance with the building permits Development most recent John Wayne Airport noise regulations. City of Tustin Department A Construction traffic plan shall be approved by Public Works Prior to issuance of Community and Community Development Department. grading permits Development and Public Works De artment Mitigation Measures for Public Services If determined to be necessary by the Tustin Police Department, Prior to issuance of on-site securit personnel will be required. The Community Development Department shall assure buildinR ermits Prior issuance project design includes requirements of the Uniform Security Code as to of building permits amended by the City, including provision of proper lighting to reduce darkened areas, adequate building addressing sensitive review of landscaping to ensure it does not provide dense cover, and building which have passive and/or over surveillance 0 ortunities. City of Tustin I Community City Development Mitigation Measures for Transportation/Traffic Newport/Sycamore — The City shall ensure the implementation of the following mitigation improvement: add a second northbound left -turn lane, add a third southbound through- lane, add a second eastbound left -turn lane, and add a westbound left -turn lane. At 8,000 ADT from the Pacific Center East project. City of Tustin Mitigation Measure Timing & Mitigation Monitoring and Public Works Department Implementation Compliance Enforcement Public Works Department Responsibility Responsibility All developments shall be required to comply with all OCFA Prior to issuance of City of Tustin Community requirements related to fire flow, installation where required of building and Development fire hydrants, and compliance with all requirements related to occupancy permits construction. Any development is required to participate in funding of school Prior to issuance of City of Tustin Community facilities through the existing school facility fee program, or building permits Development execution of some other voluntary agreement with the school Department district of a condition of issuance of building permits. The agreement shall be filed with Community Development prior to issuance of building permits Cable television franchises shall review plans to assure Prior to approval of City of Tustin Public Works appropriate easements will be provided for any new cable site plans Department television facilities required and submitted concurrent with street improvement plans. Mitigation Measures for Transportation/Traffic Newport/Sycamore — The City shall ensure the implementation of the following mitigation improvement: add a second northbound left -turn lane, add a third southbound through- lane, add a second eastbound left -turn lane, and add a westbound left -turn lane. At 8,000 ADT from the Pacific Center East project. City of Tustin Public Works Department SR -55 SB Ramps/Edinger — The City shall ensure the implementation of the following mitigation improvement: add a third eastbound through lane, add a second westbound left -turn lane, and add a third westbound through lane. At 8,000 ADT from the Pacific Center East project City of Tustin Public Works Department Red Hill/Edinger — The City shall ensure the implementation of the following mitigation improvement: add a third northbound through lane, add a second southbound left -turn lane, and add a third westbound through lane. At 6,000 ADT from the Pacific Center East project City of Tustin Public Works Department Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Responsibility Responsibility Red Hill/Valencia — The City shall ensure the implementation of At 12,000 ADT City of Tustin Public Works the following mitigation improvement: add a second northbound from the Pacific Department left -turn lane, add a second right -turn lane, add an eastbound free Center East project right -tum lane, and add a westbound right -turn lane. Red Hill/Warner — The City shall ensure the implementation of At 26,000 ADT City of Tustin Public Works the following mitigation improvement: add a southbound right- from the Pacific Department turn lane. Center East project Lyon/Edinger — The City shall ensure the implementation of the At 22,000 ADT City of Tustin Public Works following mitigation improvement: re -stripe the south leg to from the Pacific Department include one northbound left, two northbound throughs, and one Center East project northbound right turn lane. This improvement will require widening the north leg (east side) to accommodate the second northbound through lane. Ritchey/Edinger — The City shall ensure the implementation of At 4,000 ADT from City of Tustin Public Works the following mitigation improvement: add a dedicated the Pacific Center Department southbound right -turn lane. East project Newport/Edinger — The City shall ensure the implementation of At 8,000 ADT from City of Tustin Public Works the following mitigation improvement: add a southbound free the Pacific Center Department right -turn lane instead of a dedicated right -turn lane. The Pacific East project Center East fair share percentage obligation for this improvement is 32 percent. Development within the Pacific Center East project area shall In conjunction with City of Tustin Public Works participate in its fair share (ten percent) of improvements for improvements for Department potential widening of Red Hill Avenue south of Valencia Avenue potential widening to MacArthur Boulevard of Red Hill Avenue Prior to the issuance of development permits for new or expanded Prior to the issuance City of Tustin Public Works non-residential projects with 100 or more employees within the of development Department Pacific Center East project area, TDM measures shall be permits for new or imposed. If not required under individual TDM plan, other expanded non - transportation management measures shall be implemented. residential projects Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Responsibility Responsibility with 100 or more employees within the Pacific Center East project area Newport Avenue north of Sycamore Avenue shall be At 8,000 ADT from City of Tustin Public Works reconfigured from four to six lanes. However, on -street the Pacific Center Department parking will be removed. East pro'ect Any development within the Pacific Center East project area shall Prior to approval of City of Tustin Public Works provide fair share funding for the two recommended new signals applicable street Department along Newport Avenue, any required upgrades for the Edinger improvement plans Avenue/Del Amo Avenue existing signal and fair share funding of the Newport Avenue/Valencia Avenue signal (if required) which shall be considered above and beyond any TSIA fee contributions Bus turnouts shall be provided where identified in the specific Prior to approval City of Tustin Community plan and included in the street improvement plan. The area of street Development and adjacent to each stop should include a paved passenger improvement Public Works waiting area complete with a bus shelter and bench. A paved, plans, site plans Departments lighted, and handicapped accessible pedestrian accessway and building should be provided between each stop and the project permits buildings. All design -related issues associated with bus stop facilities shall be subject to review and approval of OCTD, City of Tustin Community Development Department, and Public Works Department. Prior to submittal of application for building permits within the Prior to submittal of City of Tustin Public Works Pacific Center East project area, every applicant shall pay fees application for Department required for areawide circulation improvements under the building permits Transportation System Improvement Program (TSIP), or any within the Pacific subsequent action regarding a ent of areawide circulation Center East project Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Responsibility Responsibility improvements adopted by the City Council and in effect. area Development within the Pacific Center East project area shall In conjunction with City of Tustin Public Works participate in its fair share obligation (45 percent) of the public Department improvements for the northbound SR-55 ramps at Edinger improvements Avenue, including the Newport Avenue extension south of Edinger Avenue and Del Amo Avenue between Edinger Avenue and the Newport Avenue extension. Development within the Pacific Center East project area shall In conjunction with City of Tustin Public Works participate in its fair share obligation (32 percent) of the improvements Department improvements for the Newport Avenue extension north of Edinger Avenue. Development within the Pacific Center East project area shall In conjunction with City of Tustin Public Works participate in its fair share obligation (65 percent) of the improvements Department improvements for the Del Amo Avenue/Edinger Avenue intersection. Development within the Pacific Center East project area shall In conjunction with City of Tustin Public Works participate in its fair share obligation (36 percent) of the improvements Department improvements for the Newport Avenue extension/Valencia Avenue intersection. The City of Tustin shall ensure that arterial intersection City of Tustin Public Works improvements as indicated in Exhibit 13 of Draft Supplement #1 to Final EIR 90-1 are implemented according to the cumulative Department ADT thresholds identified and according to the fair share basis noted. The ADT threshold represents the traffic volume which would result in an impact and the fair share percentage obligation reflects the percent of traffic impact resulting from Pacific Center East project traffic. Alternative improvements that provide an equivalent level of City of Tustin Public Works mitigation in 2020 to what is identified in mitigation measures Department TT-2, TT-5, TT-6, and TT-7 may be identified in consultation Mitigation Measures for. Utilities and Service Systems The on-site water system improvements including 12 -inch mains in Edinger Avenue and Newport Avenue and fire hydrants, meters, and back-flow prevention devices, if required, shall be installed by each development at developer's expense and in conformance with plans and specifications approved by the City of Tustin Water Service Division. Efforts should be made in cooperation with the City of Tustin and other agencies to reduce flows to the County Sanitation District facilities in order to ensure set discharge limits for biochemical Prior to issuance of I City of Tustin building permits Prior to issuance ofI City of Tustin occupancy permits Public Works Department Public Works Department Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement between the City of Tustin and the City of Santa Ana. Responsibility Responsibility Prior to approval of a site development permit or vesting tract, Prior to approval of City of Tustin Community except for financing and conveyances purposes for property a site development Development located in Pacific Center East Specific Plan Planning Areas 5, 6, permit or vesting and 10, a project developer shall enter into an agreement with the tract City of Tustin to assign improvements required in Supplement #1 to Final EIR 90-1 to the development site and which requires participation in a fair share mechanism for design and construction of required project related on-site improvements identified and arterial mitigation measures consistent with thresholds herein. The applicant shall submit plans for the Newport Avenue underpass or overcrossing and removal the Newport ' Prior to approval of City of Tustin Community of Lead to the Public Utilities Commission (PUC) and the AT&SF railroad construction plans Development company. The Tustin Public Works Department and Orange Department and Public County Flood Control and the PUC shall review and approve the Works Department construction plan and construction schedule to assure that interruptions of rail operations are minimal. Mitigation Measures for. Utilities and Service Systems The on-site water system improvements including 12 -inch mains in Edinger Avenue and Newport Avenue and fire hydrants, meters, and back-flow prevention devices, if required, shall be installed by each development at developer's expense and in conformance with plans and specifications approved by the City of Tustin Water Service Division. Efforts should be made in cooperation with the City of Tustin and other agencies to reduce flows to the County Sanitation District facilities in order to ensure set discharge limits for biochemical Prior to issuance of I City of Tustin building permits Prior to issuance ofI City of Tustin occupancy permits Public Works Department Public Works Department Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Res onsibili Responsibility oxygen demand and suspended solids are not exceeded. The City will require any developer to pay for any wastewater Prior to issuance of City of Tustin Public Works system improvements necessitated by any proposed development occupancy permits Department project. Such payment could be subject to reimbursement by other developers benefiting from such improvements. Access provisions for garbage trucks, locating stationary trash Prior to approval of City of Tustin Community compactors in individual buildings in order to minimize waste site plans Development hauling demand, and providing and maintaining solid waste Department storage areas in accordance with City of Tustin requirements. Project design should provide for recycling containers in close Prior to approval of City of Tustin Community proximity to other refuse containers. site plans Development Department Concurrent with review of certificate of occupancy application, Prior to issuance of City of Tustin Community tenants occupying more than 50,000 square feet shall file a waste occupancy permits Development reduction plan with the Public Works Department. Department Proposed design should include means to reduce waste materials Prior to issuance of City of Tustin Community generated during construction (e.g. recycling cardboard/paper, building permits Development recycle or reuse scrap lumber.) Department Provisions for trash enclosures for all purposes are required by Prior to approval of City of Tustin Community the specific plan (Section 4.7 General Regulations) site plans Development Individual developments should consult with Southern California Prior to issuance of City of Tustin Department Community Gas Company to incorporate energy conserving systems and building permits Development design features into their projects. City of Tustin Department Community Development shall review plans to assure all Prior to issuance of Community buildings shall comply with standards contained in Title 24 of the building permits Development California Administrative Code. City -of Tustin Department The project developer will be responsible for the construction Prior to approval Public Works of any street !!&ting, underground facilities or other of street Department Mitigation Measure Timing & Mitigation Monitoring and Implementation Compliance Enforcement Res onsibili Responsibility structures required by the Public Works Department for the improvement plans _project. Community Development shall review all plans to assure all Prior to approval of City of Tustin Community structures are designed in accordance with Title 24 of the site plans Development California Administrative Code. Department Individual developments should consult with Southern California Prior to issuance of City of Tustin Community Edition to incorporate energy conservation measures into the building permits Development project. Department Pacific Bell shall review plans to assure appropriate easements Prior to approval of City of Tustin and Community will be provided for any new telephone facilities required site plans and Pacific Bell Development building permits Pacific Bell Department Service provided will be in accordance with the rules and As required Public Works re lations on file with the Public Utilities Commission. Department