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HomeMy WebLinkAboutCC RES 94-18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT THE ENVIRONMENTAL IMPACT REPORT 94-01 (SCH #92101104) PREPARED FOR THE CITY OF TUS/IN GENERAL PLAN IS ADEQUATE WITH THE INCORPORATION OF ALL RESPONSES TO COMMENTS, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 94-01 AND ADOPTING A MITIGATION MONITORING PROGRAM. The City Council finds and determines as follows: As part of the implementation of State planning regulations and in recoenition of current City land use issues, the City of Tustin General Plan has been u~dated and adoption is proposed. Discretionary actions considered as pan of the "Project" and identified on pages 3-I through 3-15 of the Environmental Impact Report and within the proposed General Plan are collectively refe:-red to hereafter as the "Project." An Environmental Impact Report (hereinafter referred to as "EIR") was determined to be necessary for the Project due to the potential effects identified in an Initial Study prepared for the Project; and An EIR and its associated mitigation monitoring program have been prepared for the Project and circulated to interested public and private agencies with a solicitation of comments and evaluation pursuant to the requirements of the California Environmental Quality Act of 1970 (hereinafter "CEQA"); and A public hearing on the Draft EIR was duly called, noticed, and held on October 25, 1993; and Eo The public review period for the Draft EIR officially commenced on September ' 22, 1993 and ended on November 4, 1993. Incorporated within the Final EIR are comments of the public, Planning Commission, and other individuals and agencies, and responses thereto; and Fo The Planning Commission at a regular meeting on January 10. 1994 recommended that the City Council certify EIR 94-01 as adequate ~nd complete, and adopt the associated mitigation monitoring program. In accord with the State Guidelines for the implementation of the California Environmental Quality Act, the EIR has been prepared as a Program EIR to evaluate the impacts of implementing the General Plan. The Progr-,.m EIR analyzes direct and secondary effects that could occur from conceptual buildout of the General Plan and will be used to determine when subsequent environmental review is needed for a specific development proposal that is consistent with the General Plan. The degree of specificity used to anflvze the potential impacts is in proportion to the broad nature of the policy recommendations contained in the General Plan; and The City Council has read and considered all environmental documentation comprising the EIR including comments and responses and the associated mitigation monitoring program, and has found that the EIR considers all 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 94-18 Page 2 II. III. IV. Vo potentially significant environmental impacts of the proposed project, is adequate with inclusion of all responses to comments, and fully complies with all requirements of CEQA and the State Guidelines for the implementation of CEQA. The policy of the State of California and the City of Tustin, in accordance with the provisions of CEQA, as amended (Public Resources Code, Section 21000 et seq.), and the State Guidelines for implementation of CEQA, as amended (California Administrative Code, Section 15000 et seq.) where there is no feasible way to lessen or avoid significant effects the City shall not approve a project except through a Statement of Overriding Consideration after balancing the benefits of the Project against environmental consequences. Pursuant to this policy, all impacts have been avoided to the extent feasible or substantially lessened and any remaining unavoidable significant impacts are acceptable based on CEQA, Section 15093; and Jo All impacts, mitigation measures and project alternatives identified in the EIR have been reviewed and considered, mitigation measures have been incorporated into the proposed Project that eliminate or substantially lessen the significant environmental effects as identified in the EIR and it is determined that remaining significant effect on the environment found to be unavoidable have been balanced against the benefits of the Project and against the Project alternatives and those benefits have been found to be overriding on each significant impact identified in the EIR. Findings and a Statement of Facts supporting such findings are listed in Exhibit A attached hereto and incorporated herein by reference. A Statement of Overriding Consideration is contained in Exhibit B attached hereto and incorporated herein by reference; and The City of Tustin does hereby find that EIR 94-01 in its entirety with responses to comments and technical appendices and Errata #1 is adequate and complete and hereby certifies Final EIR 94-01 for the City of Tustin General Plan; and The City Council hereby finds that changes have been required in, or incorporated into, the Project which will mitigate or avoid the potentially significant adverse effects identified in the Final EIR as specifically itemized in Exhibit A, CEQA Findings and Statement of Facts. The City Council further recognizes that there will be significant impacts to Air Quality which can not be fully mitigated. All mitigation measures contained in Final EIR 94-01 are adopted and shall be incorporated as conditions of approval at subsequent discretionary actions at the appropriate level of project implementation; and The City Council hereby adopts the CEQA Findings and Statement of Facts attached as Exhibit A and the Statement of Overriding Consideration attached as Exhibit B and incorporated herein by reference. The City of Tustin does hereby adopt the mitigation monitoring program for the City of Tustin General Plan 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 Resolution No. 94-18 Page 3 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 9th day of February, 1994. JIM,,,~OTTS" ' ' - May~r lerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. 94-18 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 94-18 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the qth day of February, 1994. COUNCILMEMBER AYES: Ports, COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER:ABSENT: None Saltarelli, Pontious, Puckett, Thomas MARY E. WYNN ,,~-4~ Clerk EXHIBIT A OF RESOLUTION NO. 94-18 CEQA FIN'DINGS AND STATEMENT OF FACTS EIR 94-01 (SCH #92101104) FOR THE CITY OF TUSTIN GENERAL PLAN SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROJECT AND RELATED ACTIONS PERTAINING THERETO FOR THE CITY OF TUSTIN GENERAL PLAN. BACKGROUND The Califomia Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) provide: "No public agency' shall approve or carry out a Project for xvhich an environmental impact report has been completed and which identified one dr more significant effects of the Project unless the public agency makes one or more written findings for each of these significant effects, accompanied by a brief explanation of the rationale for each finding." As stated in the CEQA Guidelines, the possible findings are: (1) Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or Project alternatives identified in the Final EIR. A-1 The order in which the significant impacts are identified in the Statement of Findings and Facts herein follows the order in which topical issues are addressed within EIR 94-01. EARTH RESOURCES A. Significant Effects - Potentially hazardous geologic conditions exist in relation to the inherent weakness in several underlying geologic formations, and the Newport Inglewood Fault and other regional faults. Buildout according to the General Plan will expose more people to the effects of ground shaking from regionally or locally generated earthquakes and to landslide hazards. FINDING 1 - Changes or alternations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts related to earth resources. Through implementation of the mitigation measures, proposed development projects will be reviewed for potential geologic safety problems related to soils, seismic activity, landslides, steep slopes, and erosion. The City will adopt and enforce the most current Uniform Building, Administrative, Housing, Mechanical, Plumbing and National Electrical Codes. Retrofitting and abatement ofunreinforced masonry structures will be required by the City to ensure that the structural design of proposed buildings are shock resistant to the extent feasible. Earthquake preparedness programs will reduce the potential for structural damage and injuries. All of the mitigation measures for earth resource impacts correspond to specific implementation programs in the General Plan. All significant environmental impacts related to geologic conditions have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. AIR QUALITY Significant Effects - Implementation of the City of Tustin General Plan will result in increased levels of most air pollutants. Emissions will come from increased mobile sources (vehicle trips); on-site combustion of natural gas for A-2 II I I .; heating and cooking; and off-site stationarv sources (power plant emissions from the generation of electricity for new development). Short-term air quality impacts will result from construction activitx'. The General Plan is consistent with the South Coast Air Quality Management District's (SCAQMD) 1991 Air Quality Management Plan and other regional plans. The increase in air pollution from implementation of the General Plan is considered a long term significant impact because the Cit3' will be increasing pollutant levels in a non- attainment air basin. FINDING 1 - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant short term environmental effect as identified in the Final EIR to the extent possible by the City of Tustin. However, cumulative long term air quality 'impacts remain significant and unavoidable. Facts in Support of Finding,. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts to air quality. The City will reduce vehicle trips through the implementation of Transportation Demand. Management measures including tele-commuting, ridesharing, and park-and-ride lots. Projects that' facilitate pedestrian access will be encouraged. To reduce emissions from consumption of electricity and natural gas, city-wide energy conservation will be promoted and energy efficient building and site design will be encouraged for new projects. All of the mitigation measures for air quality impacts correspond to specific implementation pro~mams in the General Plan. The SCAQMD 1991 Air Qualit3' Management Plan (AQMP) is an advisory document which identifies a number of air pollution reduction goals, measures and policies. Local jurisdictions have been mandated to reduce a fair share proportion of vehicle generated air pollution through the adoption of a menu of optional Transportation Control Measures (TCMs) which have been determined by the local agency to be politically and economically feasible. The SCAQMD is currently drafting a Backstop Measure to ensure that local agencies meet their fair share allocation. The Orange County League of Cities has provided each Orange County city with a fair share trip reduction goal. The C i~' of Tustin has been recently recognized as having met 122 percent of its allocated vehicle trip reduction goal. With continued achievement of the goal. the City will not need to adopt any additional Transportation Control Measures to comply with the 1991 A-3 AQMP. Therefore, the mitigation measures identified in the Final EIR or other measures acceptable to SCAQMD will be implemented with discretion by the Ci~'. The City will have discretion to select Transportation Control Measures that are economically feasible and will achieve compliance with the 1991 AQMP. FINDING 2 - Some changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Facts in Support of Finding. The South Coast Air Quality Management District and the Califorhia Air Resources Board (CARB) have jurisdiction over air quality regulation within the basin and over vehicular emissions, respectively. Both agencies are continuing to implement the regional Air Quality Management Plan and adopted regulations. The SCAQMD and CARB will ensure that all applicable regulations pertaining to the project are enforced. FINDING 3 - Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Final EIR. ' Facts in Support of Finding. Regional ambient air quality conditions, combined with regional traffic, contribute to the non-attainment of daily State and Federal standards for several air pollutants. All feasible mitigation measures to reduce air quality emissions for the project have been applied and State and Federal standards will be exceeded with or without the proposed project. All project alternatives, including the No Project alternative, will also result in emission standards being exceeded within the basin. The remaining, unavoidable significant effect is acceptable when balanced against facts set forth above and in the Statement of Overriding Considerations contained in Exhibit B. WATER RESOURCES Significant Effects - Implementation of the General Plan will result in increased amounts of impervious surfaces and groundwater recharge rates will decrease. Non-point source pollutant levels will increase in surface water and ~oundwater. Erosion and sedimentation could occur during grading and A-4 construction. The General Plan identifies some land uses within the l O0-year flood plain. FINDING 1 - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts to water resources. Development projects will be required to implement erosion and sedimentation control measures where necessary. The City will promote improved water quality by supporting local programs and regulations and working with industrial operations within the City to reduce potential water contamination. The City will also support efforts for environmentally sensitive improvements to floodplains including maintenance of the Peter's Canyon Wash as an open natural channel. A numbei of programs will be implemented to increase City-wide water conservation efforts. All of the mitigation measures for water resource impacts correspond to specific implementation programs in the General Plan. All significant environmental impacts to water resources have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. BIOLOGICAL RESOURCES Significant Effects - The Tustin Planning Area is highly urbanized and natural habitat with biological value is limited. Future development will primarily occur in previously developed or disturbed areas. The most important natural habitat exists in the Peters Canyon area and the General Plan prevents development in the Peters Canyon area to minimize biological impacts. Other isolated islands of natural habitat may be impacted and the eucalyptus and redwood groves could be degraded by future development. The Califomia gnatcatcher is present in the coastal sage scrub of East Tustin. To maximize protection of the California gnatcatcher, the City participates in the State of California Resources Agency Natural Community Conservation Plan for Coastal Sage Scrub. A-5 FINDING I - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts to biological resources. The City will require developers to perform biological surveys prior to project approval in areas known or suspected to contain significant biological resources. Site-specific mitigation measures will be incorporated into indMdual development projects where necessary. The City will support environmentally sensitive flood plain management and continue to participated in the State of California Resources Agency Natural Community Conservation Plan for Coastal Sage S~rub. All of the mitigation measures for biological resource impacts correspond to specific implementation programs in the General Plan. All significant environmental impacts to biological resources have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Pro.am, and incorporated into the project or future project approvals as set forth above. ' NOISE Significant Effects - Development according to the General Plan will result in noise impacts adjacent to heavily traveled roadways in presently undeveloped areas (such as East Tustin), along the Southern California Regional Rail Authority right-of-way, and adjacent to the flight path of John Wayne Airport. Short-term noise impacts will result from construction of planned development identified in the General Plan. FINDING 1 - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant noise impacts. The City will to the extent feasible ensure that noise barriers are constructed along transportation corridors to minimize impacts on surrounding sensitive land uses. To avoid increased noise exposure from aviation activities, the City will continue to participate in the planning processes A-6 for John Wayne Airport, MCAS Tustin, and MCAS El Toro. Noise standards will be applied to all new development proposals and measures to mitigate potential impacts will be required to meet the standards. All of the mitigation measures for noise impacts correspond to specific implementation programs in the General Plan. All significant environmental noise impacts have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. LAND USE Significant Effects - Future residential development anticipated by the land use plan will result in a maximum increase of 7,479 dwelling units for a total of 35,891 dwelling units in the Planning Area. This will represent an increase of approximately 26 percent in the number of residential dwelling units within the Tustin Planning Area. The development of new housing will primarily occur within the incorporated City of Tustin. Under buildout of the General Plan, the number of dwelling units within the incorporated limits of the City of Tusti~ will increase approximately 27 percent from 20,092 to 27,618 units. The number of dwelling units in the County unincorporated area of the Planning Area will remain relatively constant in future years under the Tustin General Plan. The overall level of non-residential development in the Planning Area is expected to increase approximately 37 percent from General Plan buildout, from 24.0 to 32.9 million square feet. Non-residential uses will increase by 34 percent in the incorporated City of Tustin, (from 22.5 to 30.1 million square feet), and by 79 percent in the remainder of the Planning Area, (from 1.5 to 2.8 million square feet). The majority increase in the remainder of the Planning Area occurs within the City of Irvine incorporated boundaries in an area identified under a "Special Management Area" designation in the General Plan (a 115 acre area at the southeasterly portion of the Planning Area east of an existing City of Tustin corporate boundary). FINDING I - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to A-7 reduce significant impacts to land use. All development projects will be assessed for impacts to public services and utilities and development fees will be charged to offset impacts. Comprehensive development plans will be required for large development proposals. To enhance community character, the City will create visual linkages on major street corridors, preserve historic properties, establish common design features for commercial areas, and encourage the continuance of the beautification program. The City will coordinate with adjacent and regional jurisdictions to coordinate traffic, air quality and growth management efforts. All of the mitigation measures for land use impacts correspond to specific implementation programs in the General Plan. All significant environmental impacts to land use have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. RISK OF UPSET/HUMAN HEALTH Significant Effects -Implementation of the General Plan will increase th~: number of people residing in the Tustin Planning Area and subsequently increase the number of people at risk to seismic hazards, flooding, wildland/urban fires, and aircrat~ overflight. FINDING 1 - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. The land uses established by the General Plan are compatible with the surrounding natural and urban environment and minimize risk of upset hazards. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts to risk of upset/human health. The City will coordinate with the Airport Land Use Commission to protect and prevent the construction of sensitive and residential land uses under air traffic corridors to reduce the hazards from potential aircraR accidents. New construction within floodplain areas will be regulated through the City's Floodplain Management Ordinance. Seismic hazards will be minimized by enforcing the provisions of the City's Grading Manual and requiring geological and/or engineering reports in areas where hazardous geological conditions may exist. A-8 Il-- ...... - ................... II I ] Fire hazards shall be minimized through enforcement of the Uniform Fire Code, ensurance of proper fire flows for new development, and prevention programs. The City will enforce the provisions of the City's Hazardous Waste Facilities Ordinance to regulate and control the location and operation of the facilities and guarantee public participation through a public hearing process. Ail City departments shall promote public agency responsiveness to emergency situations through training and practice with the City's Emergency Operation Plan. All of the mitigation measures for risk of upset/human health impacts correspond to specific implementation programs in the General Plan. All significant environmental impacts to risk of upset and human health have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final [:IR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. POPULATION/HOUSING Significant Effects - Buildout of the Planning Area according to the General Plan will result in the addition of a maximum of 7,479 dwelling units and 8.9 million square feet of non-residential uses. The population of the Planning Are~t is projected to increase approximately 16 percent from 79,365 to 94,754 persons. Housing in the Planning Area is projected to increase approximately 21 percent from 28,412 to 35.891 dwelling units. The projected population for the incorporated part of the Planning Area at 68,732 is consistent with the County population groxx-th projections. In the unincorporated portion of the Planning Area population is projected to increase approximately 17 percent to 26,381. FINDING 1 - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding,. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts to population/housing. The City will implement programs to (1) ensure that a broad range of housing types are provided to meet the needs of both existing and future residents; (2) provide equal housing opportunities for all Cit-,,' residents; (3) ensure a reasonable balance between rental and owner occupied housing; (4) preserve existing housing and neighborhoods; and (5) ensure housing is sensitive to the existing natural and A-9 built environment. All of the mitigation measures for population/housing impacts correspond to specific implementation programs in the General Plan Housing Element. All significant environmental impacts to population and housing have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. TRANSPORTATION/CIRCULATION Significant Effects - Buildout of the General Plan will increase traffic trips generated by the Planning Area by approximately 44 percent, (from 577,505 to 831,681 trips). Of these trips approximately 85 percent (707,277 trips) at buildout will be generated by the City. Actual traffic volumes will be greater due to substantial regional traffic. The Level of Service for many existing roadways will exceed acceptable levels. To accommodate future traffic volumes, the General Plan Circulation Element contains an Arterial Highway Plan. The Circulation Element is consistent with the County Master Plan of Arterial Highways. The Circulation Element also contains a City Bikeway Plan to facilitate bicycle transportation. FINDING 1 - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts to transportation/circulation. The City will implement the Arterial Highway Plan to accommodate increased traffic levels from new development. The City will ensure that growth and development is based on the City's ability to provide an adequate traffic circulation system pursuant to the Orange County Division, League of California Cities "Countywide Traffic Improvement and Growth Management Plan Component." All proposed projects will be reviewed for potential impacts and mitigation measures will be required as appropriate. To improve intercity and regional transportation, the City will work with the powers of the Interjurisdictional Planning Forums and Joint Powers Agreements to discuss and evaluate new development proposals which may have traffic A-10 impacts related to the City of Tustin. The efficiency of the City's circulation system will be maximized by the use of Transportation System/Demand Management strategies. Alternative transportation modes will be promoted to reduce local trips. All of the mitigation measures for transportation/circulation impacts correspond to specific implementation programs in the General Plan. All significant environmental impacts to transportation and circulation have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Pro,am, and incorporated into the project or future project approvals as set forth above. FINDING 2 - Some changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Facts in Support of Finding. Agencies adjacent to the City have jurisdiction over development and transportation facilities within their bounda'ries that may impact the City of Tustin's transportation facilities. Such transportation facilities include the I-5 and SR-55 freeway widening construction, the construction of the Foothill Transportation Corridor and improvement projects in adjacent cities. To reduce inter-city and regional transportation impacts, th~: City of Tustin will work with adjacent agencies to review and evaluate development proposals within those agencies which may have impacts to the City of Tustin. In addition, the City of Tustin will be affected by changes in transportation funding sources and programs. PUBLIC SERVICES Significant Effects - Increased development in Tustin will result in increased risk of structural fires and increased demand for fire protection sen, ices from the Orange County Fire Department. Implementation of the General Plan will result in larger student enrollment and increase the demand for schools. Additional students will further aggravate overcrowded conditions in Tustin schools. FINDING 1 - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the si~ificant environmental effect as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to A-Il reduce significant impacts to public service:. Impacts on law enforcement service have been determined not to be si~ificant. To reduce impacts to fire protection services, the City will promote fire prevention and continue to require dedication of right-of-way and improvements of streets and infrastructure consistent with the Tustin City Code and the Orange County Fire Department. To reduce impact to schools, the City will continue to require dedication and/or reservation of school sites, a fee in lieu thereof, or a combination of both as a condition of new residential development. All of the mitigation measures for public service impacts correspond to specific implementation programs in the General Plan. All significant environmental impacts to fire protection services and schools have been eliminated or substantially lessened by virtue ofmitfgation measures identified in the Final EIR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. ENERGY/UTILITIES Significant Effects - Implementation of the General Plan will cause increases in the demand for electricity and natural gas. Electrical use will increase b~ approximately nine percent in the incorporated Ci~' of Tustin and 11 percent in the Planning Area. Natural gas uses will increase by 27 percent in the Planning Area and six percent in the unincorporated County area. Water service infrastructure must be extended into presently vacant acres before they are developed. Buildout of the General Plan will increase daily water consumption by 27 percent in the Planning Area and two percent in the unincorporated area. Planned development will impact the local wastewater collection system, the trunk line delivery system, and the wastewater treatment plant, (i.e., Huntington Beach Plant). Daily sewer generation flows will increase by approximately 35 percent in the incorporated City of Tusrin and three percent in the unincorporated County area. Buildout of the development allowed by the General Plan will increase the City's daily solid waste generation rate by 31 percent in the incorporated City of Tustin and eight percent in the unincorporated County area. The City's collection services can accommodate the increased solid waste generation. However, landfill capacity in the region is limited. Implementation of State Assembly Bill 939 in Tustin could reduce the solid waste generation rate by 50 percent by the year 2000 and the impact to regional landfills could be consequently reduced. A-12 I I I t q FINDING I - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts to energy and utilities. To reduce impacts to energy service and use, the City will enforce the requirements of State Title 24 Energy Regulations and consider adopting an energy efficiency ordinance. During the development review process, energy efficient building and site design will be encouraged. The City will also provide information about methods to maximize structural energy efficiency. To reduce impacts to water service, the City will practice the efficient use of water supplies and water conservation through a variety of methods. All water infrastructure improvements identified in the City's Capital Improvement Program must be consistent with the General Plan. To reduce impacts to sewer service from new development projects, the City will continue to require the dedication of right-of-way and sewer infrastructure improvements. To reduce impacts to solid waste, the City will implement its adopted Source Reduction and Recycling Element pursuant to Assembly Bil, l' 939. All of the mitigation measures for energy and utility impacts correspond to specific implementation programs in the General Plan. All significant environmental energy and utilities have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. RECREATION Significant Effects - Based upon the City's current parkland standard, the Cit-3' presently lacks sufficient existing and planned parkland to adequately serve the present population. Planned development according to the General Plan will increase the City population and the parkland deficit will subsequently further increase. While the proposed County regional park will add 243 acres of parkland to the Planning Area, regional parks are not included in calculations for City parkland. The additional 243 acres of regional parkland will, however, partially offset the recreation impacts of the General Plan. A-13 FINDING I - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts to recreation. The City will identify and obtain new parkland through a variety of methods including continued enforcement of the Quimby Act Ordinance provisions for residential development. Through joint- use agreements, the City will enhance the use of school facilities for public recreational use. The maintenance of existing parks will be emphasized to maximize public use. The City will coordinate with other community service providers on a regular basis to ensure that programs and services are not being duplicated or competing against each other in the City. All of the mitigation 'measures for recreation impacts correspond to specific implementation programs in the General Plan. All significant environmental impacts to recreation have been eliminated dr substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. ARCHAEOLOGICAL/HISTORICAL/PALEONTOLOGICAL RESOURCES Significant Effects - Significant archaeological and paleontological resources could be disturbed during earthwork required for new development projects. Historic structures may be removed and replaced with planned land uses. FINDING 1 - Changes or alterations have been required in, or incorporated into, the Project which avoid or substantially lessen the significant environmental effect as identified in the Final EIR. Facts in Support of Finding. Mitigation measures are identified in both the Final Environmental Impact Report and the Mitigation Monitoring Program to reduce significant impacts to archaeological, historical, and paleontological resources. The City will require all developers to perform archaeological and paleontological surveys prior to grading in areas known or suspected to contains such resources. The City will also enforce the provisions of the California A-14 Environmental Quality Act regarding preservation or salvage of significant historic, archaeological and paleontological sites discovered during construction activities. Historic resources will be protected by pursuing historic survey and research opportunities; pursuing historic designation opportunities for historic properties; utilizing the guidelines established by the National Register, Office of Itistoric Preservation, and Tustin City Code; continuing to enforce zoning ordinance provisions for the Cultural Resources District; and ensuring that design and development standards are enforced. Alt of the mitigation measures for impacts to archaeological, historical, and paleontological resources correspond to specific implementation pro,ams in the General Plan. All significant environmental impacts to archaeological, historical, and paleontological resources have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and Mitigation Monitoring Program, and incorporated into the project or future project approvals as set forth above. PROJECT ALTERNATIVES The following project alternatives were considered in the EIR: No Project, Existing General Plan, Decreased Industrial Development. Decreased Residential Development, and Greater Mixed Use Development. The alternatives were developed to reduce the environmental effects of the project including the unavoidable significant air quality impacts. No Project Under the No Project altemative, no further development will occur in the Tustin Planning Area beyond existing land uses and approved projects. None of the 1,298 acres of presently vacant land will be developed with the exception of approved projects. The No Project alternative will eliminate the benefits of long-range planning for the City of Tustin. Because no further development will occur in the Tustin Planning Area under the No Project alternative, most of the significant environmental impacts of the proposed General Plan will be eliminated by the implementation of the No Project alternative. However, the No Project altemative will result in population and housing impacts that are more significant than the population and housing impacts of the proposed General A-15 Plan. Regional growth will not be accommodated within the Planning Area and surrounding jurisdictions may experience development and population growth that exceeds anticipated levels. While the No Project altemative is considered environmentally superior to the proposed General Plan, it is rejected because it is infeasible. The City of Tustin must update and adopt its Housing Element every five years pursuant to State law. However, a comprehensive update of the entire Plan should also be undertaken every five .,,'ears to ensure the Plan accurately reflects City policy, State law and the changing community. In addition, no new tax revenue will be generated in future years under the No Project altemative. The City will subsequently have very limited financial resources to fund public service, utility, and circulation improvements which are required to mitigate the effects of regional growth. Implementation of the No Project alternative will prohibit property owners in Tustin from developing their land and may represent a legal "taking without compensation." Existing General Plan Under the Existing General Plan alternative, the proposed General Plan will not be adopted or implemented and the existing General Plan will continue to be used as the Cit3"s primary land use planning document. Buildout of the existing General Plan will generally result in similar levels of development as the proposed General Plan. The existing General Plan, however, allows for the development of less residential uses and more non-residential uses than the proposed General Plan. Because the existing General Plan has not been comprehensively updated for a number of years, it lacks strong policies and programs to effectively protect the quality of the natural and built environment in Tustin. While the existing General Plan and the proposed General Plan generally allow for the same levels of development, the environmental impact of buildout of the existing General Plan could be more substantial. The existing General Plan lacks updated implementation programs to effectively reduce environmental impacts. Implementation of the existing General Plan will not reduce any of the environmental impacts associated with the proposed General Plan. In regards to air quality impacts, buildout of the existing General Plan will exacerbate regional air quality problems than the proposed General Plan. The existing General Plan will allow decreased number of dwelling units and increased number of non-residential uses and the jobs-to-housing ratio ,,','ill be greater than the ratio under the proposed General Plan. A-16 li I I Thc Existing General Plan alternative is rejected because it is not environmentally superior to the proposed General Plan. In addition, the existing General Plan does not fulfill the project objectives and is not feasible. The City of Tustin must update and adopt its Housing Element every five ),ears pursuant to State law. However, a comprehensive update of the entire Plan should also be undertaken ever3, five years to ensure the Plan accurately reflects CiD' policy, State law and the changing community. Decreased Industrial Development Under the Decreased Industrial Development alternative, the amount ot' land planned for industrial uses is decreased. Buildout of this alternative will result in less industrial development than the proposed General Plan, (854,000 versus 3,149,000 square feet) but more commercial and business development excluding professional office than the proposed General Plan, (19,039,000 versus 17,265,000). In total, the Decreased Industrial Development alternative will result in approximately 2.5 percent less non-residential development at buildout. Approximately 2.0 percent less housing will be developed under this alternative. Because the total buildout potential of the Decreased Industrial Developmenl alternative is very similar to the total buildout potential of the proposed General Plan, the environmental impacts from implementation will be very similar. The Decreased Industrial Development alternative is not considered environmentally superior to the proposed General Plan. Decreased Residential Development Under the Decreased Residential Development alternative, the amount of land planned for residential uses is decreased. Buildout of this alternative will result in 34.595 dwelling units, which is 3.7 percent less than the 35,891 dwelling units identified in the proposed General Plan. However, approximately 2.0 percent more non-residential uses will be constructed. Because the total buildout potential of the Decreased Residential Development alternative is ver3' similar to the total buildout potential of the proposed General Plan, the environmental impacts from implementation will be ve~' similar with the exception of greater population/housing impacts. Due to the decreased number of residential units to be developed under this alternative, sufficient housing stock may not be available to meet the projected housing demand from regional population growth. In particular, affordable housing may not be available to meet the needs of lower income A-17 groups. Due to the decreased number, of dwelling units and the increased number of non-residential uses, the jobs-to-housing ratio will be greater than the ratio under the proposed General Plan. Because Tustin is located in two jobs-rich subregions, the increased jobs-to-housing ratio will be a significant and unmitigable impact. The greater jobs-to-housing ratio will result exacerbate regional air qualits.' problems. The Decreased Residential Development alternative is rejected because it is not considered environmentally superior to the proposed General Plan. Greater Mixed-Use Development Under this alternative, the General Plan will include a Mixed-Use designation in parts of Old Town and in older, developed portions of the City north of Interstate 5. The Mixed-Use designation will allow the integration of high density residential uses and neighborhood commercial and office uses. The commercial and office uses will be located on the street level and the residential uses will be located in the lhpper stories. Buildout of the Greater Mixed-Use Development alternative will result in the same amount of residential and non-residential development as buildout of the proposed General Plan. Because the total buildout potential of the Greater Mixed-Use Development alternative is the same as the total buildout potential of the proposed General Plan, the environmental impacts fi.om implementation will be very similar with the exception of reduced transportation/circulation and air quality impacts. The juxtaposition of residential, commercial, and office uses in mixed use development will provide the opportunity to work and shop without driving to nearby residents. The reduction in driving from the Greater Mixed-Use Development alternative will decrease some of the traffic within the Planning Area and the circulation impacts will be less signit]cant than the circulation impacts of the proposed General Plan. The circulation impacts of this alternative can be mitigated to less than significant. Due to the reduction in traffic under the Greater Mixed-Use Development alternative, less emissions will be generated by automobiles. The air quality impacts of this alternative will be less significant than the impacts of the proposed General Plan. Because State and Federal air quality standards are exceeded in the South Coast Air Basin, the cumulative impact to air quality under this alternative is considered significant and cannot be mitigated to less than significant. The Greater Mixed-Use Development alternative is considered environmentally superior to the proposed General Plan. Impacts to circulation and air quality will be A-18 less significant than the impacts of the proposed General Plan. However, most of the other environmental impacts resulting from this alternative will be similar to the impacts of the proposed General Plan. This alternative is feasible and fulfills the objectives of the proposed project. The Greater Mixed-Use Development alternative, however, is rejected. Mixed-use development is a new planning concept in southern California and the economic viability of mixed-use development has not been successfully proven. The City cannot realistically assume that financing will be available for proposed mixed-use development proposals at this time. RW :kb¢~exhbta A-19 EXHIBIT B OF RESOLUTION NO. 94-18 STATEMENT OF OVERRIDING CONSIDERATIONS EIR 94--01 (SCH #92101104) FOR THE CITY OF TUSTIN GENERAL PLAN BACKGROUND The California Environmental Quality Act (CEQA) and the CEQA EIR Guidelines promulgated pursuant thereto provide: "(a) CEQA requires the decision maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'. (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the Final EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the Final EIR and/or other information in the record. This statement may be necessary if the agency also makes the finding under Section 15091 (a)(2) or (a)(3). (c) If an agency makes a Statement of Overriding Considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. (Section 15093 of the Guidelines.) After balancing the benefits of the proposed project against its unavoidable environmental risks, the City of Tustin specifically finds and makes this Statement of Overriding Considerations that this project has eliminated or substantially lessened all significant effects on the environment where feasible, and has determined that any remaining significant effects on the environment such as; cumulative long term air quality impacts, changes or alterations within the responsibility and jurisdiction of another public agency, specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives in the Final EIR in the category of Air Quality are found to be unavoidable as identified in Exhibit A are acceptable due to the overriding concerns. The SCAQMD 1991 Air Quality Management Plan (AQMP) is an advisory document which identifies a number of air pollution reduction goals, measures and policies. B-I 11-- ....... I I Ii 1 ~ ' Local jurisdictions have been mandated to reduce a fair share proportion of vehicle generated air pollution through adoption of a menu of optional Transportation Control Measures (TCMs) which have been determined by the local agency to be politically correct and economically feasible. The SCAQMD is currently draining a Backstop Measure to ensure that local agencies meet their fair share allocation. The Orange County League of Cities has provided each Orange County city its fair share trip reduction goal. The City of Tustin has been recently recognized as having met 122 percent of its allocated vehicle trip reduction goal. Therefore, it is currently assumed that the City will not need to adopt any additional Transportation Control Measures to comply with the 1991 AQMP. In addition, the City closely monitors air quality marl. ers with the intent of complying with future revisions of the AQMP. Because the City is in substantial compliance with r~/gional air quality goals, the unavoidable air quality impact is minimized to the greatest degree possible and is balanced by the overriding concems described below: The City of Tustin General Plan provides a comprehensive and coordinated approach to manage anticipated ~owth, address current economic social and economic conditions, and protect environmental quality. The General Plan is a reasonable approach to allocating land for future development and establishin~ programs to achieve the City's social, economic, and environmental goals. The benefits of implementing the Tustin General Plan include balanced development of compatible land uses; preservation of Tustin's unique community heritage; infrastructure improvements and expanded public services to meet existing and projected needs; transportation management; housing opportunities for all Tustin residents; protection of Tustin's natural resources; increased tax revenues to fund needed programs; and participation in regional efforts to manage air quality, transportation, and biological resources. These local and regional benefits outweigh unavoidable significant air quality impacts, which have been reduced to the extent possible by the City with mitigation programs. According to regional projections, the population of the City of Tustin will continue to increase in the future. To accommodate the anticipated population growth, housing development must continue and more local jobs must be generated. The General Plan is a reasonable approach to accommodate growth while recognizing local and regional efforts to improve air quality. The General Plan incorporates measures that have been identified in the South Coast Air Quality Management District 1991 Air Quality Management Plan. Regional implementation of the AQMP measures is necessary to obtain State and Federal air quality standards. As described below in items three through six, the City B-2 of Tustin has effectively balanced air quality concems with other community needs for housing, jobs, transportation, and economic development. The 1991 AQMP identifies land use controls to improve regional air quality. The goal of the land use controls is to establish a region-wide effort to alleviate the current imbalance that exists between jobs and available housing and to reduce vehicle miles traveled. Congestion of the regional freeways is exacerbated by the this imbalance because it leads to numerous long commutes between areas with abundant housing and areas with abundant industrial, comm6rcial, and office uses. Increased integration of housing and land uses that generate jobs can contribute to shorter commutes and lower emissions. The City of Tustin is locat&d in a region that is considered "jobs rich." Through the General Plan update, the City has adjusted the relationship between planned residential and job-generating uses in the Planning Area to improve the jobs-to- housing balance. The proposed General Plan identifies more residential uses and less commercial and business uses than the existing General Plan. Implementation of the proposed General Plan will improve the long-term regional jobs-to-housing balance. The 1991 AQMP also identifies transportation control measures to improve regional air quality. The transportation control measures fall into four categories: demand management, system management, facility improvements, and technological advancements. Demand management is the effort to change motorists' behavior, and includes such measures as ridesharing and altemative work schedules. System management addresses improvements in the transportation system, such as traffic signal synchronization, to make the system "' function more efficiently. Facility improvements are capital expenditures for such things as freeway widening and construction of new facilities to improve traffic flow and reduce congestion. Technological measures rely on the development of new vehicles, fuel, or power systems. The Circulation, Conservation/Open Space/Recreation, Growth Management Elements of the General Plan contain specific demand management, system management, and facility improvement measures that are identified in the AQMP. Implementation of the corresponding General Plan measures will result in the efficient operation of the local circulation system as planned development proceeds and consequently reduce production of emissions. The measures will also result in reduced vehicle miles and emissions through ridesharing and use of alternative transportation schedules and modes. The Conservation/Open B-3 -I II I[ 1 J Space/Recreation Element contains technology-based measures related to alternative fuel sources for vehicles. The City of Tustin General Plan espouses the AQMP transportation control measures to reduce air quality impacts from existing and planned development to the extent feasible. Energy conservation is another method to obtain State and Federal air quality standards in the South Coast Air Basin. Air pollutants are produced by the generation of electrical power and by the combustion of natural gas. Reducing the consumption of electricity and natural gas will decrease pollutant levels in the basin. The General Plan Conservation/Open Space/Recreation Element contains programs that the City of Tustin will implement to conserve energy. Implementation of the energy conservation programs will reduce the amount of energy consumed in both existing and planned development and consequently lessen air quality impacts. The General Plan Conservation/Open Space/Recreation Element 'also contains programs to continue city-wide efforts to recycle waste glass, paper, plastic, and aluminum. Substantial energy is required to produce these materials and resultant pollutants from energy consumption contribute to regional air quality problems. Recycling and re-using glass, paper, plastic, and aluminum will avoid substantial energy expenditures during production and resultant air pollutants. The City of Tustin will continue the recycling programs to further reduce air quality impacts from General Plan implementation. Dust and other particulate matter levels exceed the State and Federal standards in the South Coast Air Basin. Grading activity, building, and road construction result in particulate emissions from both the materials used and construction methods. The City of Tustin General Plan Conservation/Open Space/Recreation Element contains a program to reduce particulate emissions from the storage and transport of fine particulate matter and from unpaved areas used for vehicle maneuvering. Through this program, the City of Tustin will reduce particulate emissions associated with the planned development identified in the General Plan. RW:kbc~exhbtb B-4