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RESOLUTION NO. RDA 90-12
A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY
FINDING THAT THE ENVIRONMENTAL IMPACT REPORT 90-01 (SCH
#89091320) PREPARED FOR THE PACIFIC CENTER EAST PROJECT
IS ADEQUATE WITH THE INCORPORATION OF ALL RESPONSES TO
COMMENTS AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT
REPORT 90-01.
The Tustin Community Redevelopment Agency of the City of Tustin
does hereby resolve as follows:
The Tustin Community Redevelopment Agency finds and determines
as follows:
ao
As part of the implementation of the South Central
Redevelopment Project and proposed Amendments to the City
of Tustin General Plan, the Pacific Center East Project
has been proposed. Discretionary actions considered as
part of the "Project" and identified on pages six and
seven of the Environmental Impact Report are collectively
referred to hereafter as the "Project".
Be
An Environmental Impact Report (hereinafter referred to
as "EIR") was determined to be necessary due to the
potential effects identified in an initial study prepared
for the project; and
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An EIR has been prepared by PBR for the Project and
circulated to interested public and private agencies with
a solicitation of comments and evaluation pursuant to the
requirements of CEQA; and
De
A public hearing was duly called, noticed and held on the
Draft EIR on October 3, 1990; and
The public review period for the Draft EIR officially
ended on October 15, 1990 and was extended until October
26, 1990 for Caltrans and the City of Irvine.
Incorporated within the EIR are comments of the public,
Planning Commission, staff and other agencies, and
responses thereto; and
The subject EIR is a program EIR and is subject to the
following provision of the State Guidelines for the
California Environmental Quality Act: "that subsequent
activities shall be examined in light of the program EIR
to determine whether an additional environmental document
must be prepared; and
Ge
The Tustin Community Redevelopment Agency has read and
considered all environmental documentation comprising the
EIR including comments and responses, has found that the
EIR considers all potentially significant environmental
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Resolution No. 2859
Page 2
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 implementation of CEQA; and
Ho
It is the policy of the State of California and the City
of Tustin, in accordance with the provisions of the
California Environmental Quality Act of 1970 (hereinafter
"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.) that the City shall not approve a project
unless there is no feasible way to lessen or avoid
significant effects; meaning 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
Ail 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 any remaining
significant effects 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
II.
The Tustin Community Redevelopment Agency does hereby find
that EIR 90-01 in its entirety with Responses to Comments,
Technical Appendices and Errata Sheet #1 is adequate and
complete and Redevelopment Agency certifies the Pacific Center
East Project Final Environmental Impact Report 90-01; and
III. The Tustin Community Redevelopment Agency 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. All mitigation measures contained in
Final EIR 90-01 are adopted and shall be incorporated as
conditions of approval at subsequent discretionary actions at
the appropriate level of project implementation; and
IV.
The Tustin Community Redevelopment Agency hereby recommends
that the City Council and Redevelopment Agency adopts the CEQA
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Resolution No. RDA 90-12
Page 3
Findings and Statement of Facts attached as Exhibit A and the
Statement of Overriding Consideration attached as Exhibit B
and incorporated herein by reference.
PASSED AND ADOPTED by the Tuston Community Redevelopment Agency of
the City of Tustin at a regular meeting held on the 17th day of
December, 1990.
RICHARD B. EDGAR,
Redevelopment Chairma~
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR RESOLUTION NO. RDA 90-12
Mary E. Wynn, City Clerk and Recording Secretary of the Community
Redevelopment Agency of the City of Tustin, California, does hereby
certify that the whole number of the members of the Community
Redevelopment Agency is five; that the above and foregoing
Resolution was duly and regularly passed and adopted at a regular
meeting of the Community Redevelopment Agency held on the 17th day
of December, 1990, by the following vote:
AGENCY MEMBER AYES:
AGENCY MEMBER NOES:
AGENCY MEMBER ABSTAINED:
AGENCY MEMBER ABSENT:
Edgar, Puckett, Pontious, Potts
None
None
Prescott
Mary E. Wynn, ~ecording~ Secretary
EXHIBIT A
CEQA FINDINGS AND STATEMENT OF FACTS
FOR THE PACIFIC CENTER EAST PROJECT (SCH %89091320)
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 ANDREL&TED ACTIONS PERTAINING THERETO FOR
THE PACIFIC CENTER EAST SPECIFIC PLAN.
BACKGROUND
The California Environmental Quality Act (CEQA) and the State CEQA
EIR Guidelines (Guidelines) provide:
"No public agency shall approve or carry out a project for
which an environmental impact report has been completed and
which identified one or 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.
The order in which the significant impacts are identified including
a Statement of Findings and Facts herein follows the order in which
topical issues are addressed within the EIR.
LAND USE
A®
Significant Effect - Construction of the related projects (ie:
Newport Avenue extension north of Edinger Avenue, flood
Exhibit A
Page 2
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control conduit and railroad overpass) will include
acquisition of approximately 25 apartment units and eight
condominium units and relocation of approximately 82
residents.
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. Any properties acquired by the
City of Tustin, Tustin Community Redevelopment Agency, or
other public agency shall be acquired at fair market value and
relocation assistance shall be provided to persons and
businesses displaced in accordance with State requirements.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set for the above.
Significant Effect - The project will result in
intensification of on-site land uses with a projected addition
of up to 2.4 million square feet at project buildout which
could create the potential for land use conflicts within the
project site between differing land use designations.
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. Each development site will be
reviewed by Community Development to ensure that it conforms
to the approved development standards, landscape concept
included in the Specific Plan.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
Significant Effect - Some land exchanges, purchases, and/or
dedications will be required for project circulation
improvements which include properties currently owned by
Catellus Development Company, Caltrans, the City of Tustin and
others.
FINDING i - Changes or alterations have been required in, or
incorporated into, the project which avoid or substantially
Exhibit A
Page 3
lessen the significant environmental effect as identified in
the Final EIR.
Facts in Support of Findinqs - Provisions of the Specific Plan
require certain dedications as a condition of development.
Any acquisitions required for circulation improvements which
are not required in the Specific Plan as conditions of
approval or development agreement will be negotiated by the
Tustin Community Redevelopment Agency and/or the City.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
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Significant Effect - Project implementation will result in
removal of the Newport Lead of the AT & SF Railroad and
construction of an underpass beneath the main tract north of
the project site. This creates the potential for interference
with daily train operations.
FINDING Z - 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.
pacts in Support of Findinq - conceptual plans for the
underpass, railroad span and flood conduits have been
completed by Dokken Engineering. Plans for the Newport Avenue
underpass or overcrossing and removal of the Newport Lead
shall be submitted to the Public Utilities Commission, the AT
& SF Railroad, and Santa Fe Railroad for review to assure that
interruptions of rail operations are minimal. Rail service
will continue while the underpass in constructed.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
Significant Effect - Any new structure constructed on-site
above 60 feet in height will penetrate the 100:1 Notice
Surface pursuant to FAR Part 77.13 and will have to be
referred to the Federal Aviation Administration for study.
FINDING 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.
Exhibit A
Page 4
~ac~s in SuDport of Finding - Site plans for structures over
60 feet in height shall be submitted to the Federal Aviation
Administration and Airport Land Use Commission for Orange
County. Any site plans for structures in planning areas west
of the Irvine Lead within the Tustin Route of the MCAS (H)
shall also be submitted to the MCAS (H) for review and
comment.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
ae
Significant Effect - On-site structures will be exposed to
regional seismic events.
FI~DI~ ~ - 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.
~acts in Support of Finding - Ail construction on-site shall
conform to the Uniform Building Code and city regulations to
assure structures can withstand any expected seismic
groundshaking. The soils/geology conditions pose no major
constraint to excavation or construction on-site.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
Siqnificant Effect - Although there are no known
archaeological remains on-site, there is a slight possibility
of uncovering such remains during site excavation.
FI~DI~ ~ - 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 - If any archaeological remains
are uncovered during grading or excavation, all work will be
suspended until a recognized specialist can make a
determination as to the significance of the findings. All
Exhibit A
Page 5
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subsequent actions taken under this measure will be in
accordance with Appendix K of the CEQA Guidelines.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
siqnificant Effect - There is the possibility of pesticide
"hot spots" occurring on-site as a portion of the project site
has been in agricultural use for a number of years.
FINDING ~ - 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 Findinq - Developers of vacant parcels
shall be required to submit a pesticides/toxicity report which
identifies any potential pesticide "hot spots" and recommends
procedures for necessary soil mixing or removal.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
HYDROLOGY
Significant Effect - Buildout of the Specific Plan area will
include development on approximately 5.4 acres within the F08
facility drainage basin. However, the drainage direction
within this area was assumed to be changed to flow within the
F09F15 facility. Without mitigation, this will leave an
imbalance in the on-site drainage patterns.
FInDInG ~ - 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 - A 5.4 acre downstream area
within the F09F15 facility basin shall be graded to flow
within the F08 facility basin via storm drains in the proposed
Newport Avenue extension and Del Amo Avenue so the drainage
flows on-site conform to the existing drainage basins.
Exhibit A
Page 6
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
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Significant Effect - The project generated flow rates exceed
the existing flow capacity of all storm drain systems in Red
Hill Avenue and Valencia Avenue except for the 54-inch RCP
between nodes 17 and 18. In addition, there is the
possibility of the Santa Fe Channel (Fl0) overtopping on on-
site flooding prior to OCEMA channel improvements and
implementation of the storm drain concept plan.
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 - Future storm drain improvements
shall conform to the Drainage Concept of the Specific Plan to
ensure that project storm runoff does not exceed the capacity
of local storm drain systems. Prior to implementation of the
storm drain master plan and the proposed improvements of the
Santa Fe Flood Control Channel, the project site will be
protected from Santa Fe channel overtopping by means of an
earthen berm along the northern perimeter of the site. On-
site flooding shall be prevented by redirecting the flow to
locations with adequate drainage facilities and by pumping
during peak events.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
Significant Effect - Buildout of the project could result in
an increase of urban pollutants such as oil, grease, and
debris into storm drain systems. In addition, soil loss could
occur during construction due to sheet erosion, particularly
along freshly graded slopes.
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 - Several measures to reduce
stormwater pollution are proposed, including periodic street
sweeping, routine cleaning of manholes, source control surveys
of all industrial facilities, controlling pesticide and
Exhibit A
Page 7
fertilizer use and controlling washdown drainage from
industrial facilities. To reduce soil loss, soil on graded
slopes shall be strengthened by planting in accordance with
the landscape concept plan as outlined in the Specific Plan.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
TRAFFIC/CIRCULaTION
Significant Effect - Buildout of the Specific Plan area will
generate approximately 55,266 daily vehicle trips, of which
14,218 are generated from existing development. Intersection
capacity analyses were conducted for sixteen (16)
intersections (the additional intersection of Newport/Edinger
was analyzed under project conditions). The project will have
substantial impacts on the level of service at all area
intersections prior to mitigation.
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 SuDport of Findinq - Ail feasible traffic
improvements for the intersections evaluated have been
recommended. Table 15 in the Draft EIR outlines intersection
improvements either as project required mitigation or as a
fair share contribution towards intersection improvement
(Table 16 in the Draft EIR outlines the project share of
contribution for each affected intersection).
The remaining, unavoidable significant effect is acceptable
when balanced against facts in the Statement of Overriding
Considerations contained in Exhibit B, giving greater weight
to the remaining, unavoidable significant effect.
Siqnificant Effect - After mitigation, seven of sixteen
intersections will still have unacceptable service levels of
service (exceeding level of service D) for post-2010 with the
project, development of all cumulative projects and buildout
of the General Plans for the three cities near the project
site.
Exhibit A
Page 8
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 - Although most area intersections
will show an improved level of service after mitigation, seven
intersections will still have unacceptable service levels
(level of service D or worse).
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.
AIR QUALITY
Significant Effect - Demolition, grading and construction for
the project will result in short-term dust emissions for
adjacent uses.
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 required
which result in reducing dust emissions. These measures
include periodically sprinkling the site with water, paving
parking areas as soon as possible, and avoiding grading during
Santa Ana wind conditions.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
Significant Effect - Although project-generated emissions are
not considered locally or regionally significant, emissions
standards for carbon monoxide, ozone and particulates (PM10)
are exceeded in the basin with or without the project.
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 Findinq- Project development shall comply
with all applicable rules and regulations adopted by the South
Coast Air Quality Management District. In addition, traffic
Exhibit A
Page 9
improvements are required for the project, which will improve
traffic flow and reduce localized carbon monoxide emission
levels.
FINDING Z - 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.
Facts in Support of Findings - The South Coast Air Quality
Management District (SCAQMD) and the California Air Resources
Board (CARB) has 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 adopt regulations. The SCAQMD and
CARB will ensure that all applicable regulations pertaining to
the project area 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 cumulative traffic,
contributes to the exceedance 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, would
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.
ACOUSTICS
Significant Effect - Project construction activity will result
in short-term acoustical impacts.
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.
Exhibit A
Page 10
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Facts ~n support of Findina - Construction activities must
comply with all City policies regarding noise, including
limited construction hours as specified in the Tustin Noise
Ordinance. Construction equipment, fixed or mobile, operated
within 1,000 feet of a dwelling unit shall be equipped with
properly operating and maintained muffler exhaust systems.
Significant Effect - The project will contribute to
significant cumulative noise level increases along Newport
Avenue south of Sycamore Avenue.
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 n- In conjunction with Newport
Avenue widening, restriping and extension, sound attenuation
shall be evaluated and implemented in the vicinity of location
seven (Newport south of Sycamore). Developers within the
project area shall fund their proportional share of the noise
monitoring and sound attenuation implementation program.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
Significant Effect - The project will contribute to
significant noise level increases along McFadden Avenue east
of SR-55.
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 - Since sound attenuation programs
are most feasible with new construction, the cumulative impact
at location eight (McFadden east of SR-55) will remain
significant because existing structures occur along this
segment.
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.
Significant Effect - The site is subject to single-event noise
levels from helicopter flights.
Exhibit A
Page 11
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 - The project is required to
incorporate measure such as sound-insulated glass which will
minimize interior noise levels relative to single-event noise
levels from helicopter flights.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
PUBLIC SERVICES
Significant Effect - The project will result in increased
demand for all urban services, including police, fire,
schools, water, wastewater, electrical, gas, solid waste and
telephone. Although these agencies have indicated they have
adequate facilities to serve the project, mitigation measures
to minimize demand upon the above services have been
recommended.
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 Findinq - Developers will work with the
Police Department to reduce traffic congestion and to
incorporate appropriate equipment and security needs into
project design. Project improvements are required to conform
with minimum fire flow and hydrant placement requirements.
The school district assesses school facility fees upon
commercial, residential and industrial development to minimize
the incremental demand imposed by new projects. Measures to
reduce water consumption, solid waste disposal and energy
usage have been incorporated into project design.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
Exhibit A
Page 12
~ESTHETICS
Significant Effect - There is the potential for light and
glare impacts on off-site residential areas north of the
project site.
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 Findinq- Ail building plans shall be
reviewed for compliance with the signage concept plan in the
Specific Plan to ensure project lighting is not directed into
adjacent residential areas.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
Significant Effect - The on-site shade/shadow impacts on
surrounding buildings or plazas may be significant.
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 - The City shall review on-site
shade/shadow impacts of the proposed office towers during the
required Concept Plan Review submittal and for each subsequent
site plan for Planning Areas six, eight and ten.
Ail significant environmental effects have been eliminated or
substantially lessened by virtue of mitigation measures
identified in the Final EIR and incorporated into the project
or future project approvals as set forth above.
PROJECT ALTERNATIVES
The "no project" alternative, a lower building intensity
alternative, a greater building intensity alternative, an
alternative which discusses alternate circulation improvements, and
an alternate location alternative were considered as project
alternatives in the Final EIR. These alternatives are considered
a reasonable range of alternatives, include alternatives which have
Exhibit A
Page 13
lower projected potential environmental impacts than the project,
and include alternatives which address some, but not all of the
project objectives.
"No Project" Alternative
The "no project" alternative is viewed as slightly inferior to the
project, in spite of lower traffic generation, because the public
safety aspects of an improved circulation system, improved traffic
flow, the extension of Newport Avenue, on-site flood protection and
reconfigured SR-55 ramps will be completed only with development of
the project. Therefore, the "no project" alternative is rejected
for these reasons.
Alternative i - Office Center
This area proposes that the site be developed exclusively with
office uses and all existing research and development uses and
light industrial uses would be displaced. The overall intensity of
the project would increase as mid-rise and high-rise offices are
developed. This alternative would increase the number of trips by
13,100 ADT beyond the project. This would result in a larger
number of intersections with unacceptable service levels.
Therefore, Alternative 1 is not preferable to the project. In
addition, the increased trips would result in higher increases in
annual CO emissions compared to the project. Therefore,
Alternative 1 is rejected for these reasons.
Alternative 2 - Research and Development/Regional Center
Alternative 2 proposes less development (710,000 fewer square feet)
at buildout of the project, but proposes identical circulation
improvements. The project area would remain a major technology
center for research and development uses, and the regional center
would be developed at less density than proposed within the
project. Alternative 2 would generate approximately 14,400 fewer
trips at buildout than the project which would generate lower
overall CO emissions. All traffic, air quality, noise and most
public service impacts are reduced proportionately to trips and
square footage compared to the project.
Alternative 2 is rejected because, based on the fiscal impact
report for the project, it would not generate enough City revenues
to fund the required infrastructure improvements for the project
(ie: Newport Avenue extension, and flood control improvements).
Alternative 3 - Alternate Location
Alternative 3 assumes that the project as proposed is developed at
an alternate location. A site was selected south of Interstate 5
Exhibit A
Page 14
in an industrial area due to its proximity to a major freeway
corridor. However, this site is not in a redevelopment area and
the maximum allowable building height under the current General
Plan designation is 50 feet. Since the project at this site would
have to be developed at slightly lower density, the number of
traffic trips would be reduced by approximately 10,000. All
associated air quality, noise and public service impacts would also
be lower.
Alternative 3 is rejected primarily because no vacant land is
available at the site and the cost of relocating all existing
businesses would be prohibitive. In addition, the needed
circulation and drainage improvements at the current project site
within a redevelopment project area would not be realized.
Alternative 4 - Circulation Alternatives
This alternative examines several circulation alternatives for the
extension of Newport Avenue. The at-grade crossing of the railroad
tracks and undergrounding the flood control channel is rejected due
to improper gradients for channel flow and public safety concern
for another at-grade crossing. An alignment of Newport extension
east or west of the current alignment would have greater land use
impacts on residential uses and is also rejected. An overpass of
the flood channel and railroad tracks is also rejected because of
the slope differentials required to pass over the tracks and return
to the existing level of Edinger Avenue cannot be achieved.
Since public safety concerns are increased with an at-grade
crossing and alignments for Newport Avenue other than the current
concept plan have greater land use impacts on residential uses,
this alternative is regarded as having greater environmental
impacts than the project and is therefore rejected.
Alternative 5 - Existing General Plan Buildout
This alternative assumes the project site is developed under
existing General Plan and zoning designations, and no additional
circulation improvements are completed in the project area. This
alternative would generate approximately 62 percent of the traffic
generated by the project. All air quality, noise and public
service impacts would be reduced accordingly.
Under Alternative 5, Newport Avenue would not be extended and not
storm drain improvements would be developed at the project site.
This alternative provides only 53 percent of the employment
provided by the project and Police vehicles would have limited
access without the Newport Avenue extension. The objective of the
redevelopment plan for the project site would not be achieved.
Therefore, this alternative has been rejected as an alternative to
the project.
EXHIBIT B
STATEMENT OF OVERRIDING CONSIDERATIONS
FOR THE P~CIFIC CENTER E~ST PROJECT (SCH %89091320)
BACK~ROUND
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 in the categories of Transportation/Circulation, Air
Quality, Acoustics, Environment found to be unavoidable as
identified in Exhibit A are acceptable due to the overriding
concerns described below:
Because the actions constitute a project under CEQA and the
Guidelines, an environmental impact report (EIR) has been prepared
by the city of Tustin. The EIR has identified certain significant
effects that will result from this project that cannot feasibly be
completely avoided.
Therefore, the following overriding considerations are provided
against which the unavoidable adverse effects are balanced in
reaching a decision on this project. The remaining unavoidable
adverse impacts as identified in Exhibit A are found acceptable
given the mitigation, conditions and overriding considerations
contained in this statement.
me
The Pacific Center East project will provide a comprehensive
and coordinated development plan which will provide for a
Exhibit B
Page 2
Se
e
variety of uses while providing design standards to unify the
area and create an architectural identity.
The Pacific Center East project will provide a hotel facility
in close proximity to a major corporate office center, thus
reducing total vehicle miles and contributing toward regional
air quality goals.
The project site is located adjacent to a major freeway, is
centrally located within the County and easily accessed from
major portions of the City. The project will provide
approximately 12,290 new employment opportunities adjacent to
existing residential areas, thus reducing vehicle miles
traveled, and will result in a long-term positive fiscal
impact on the City's General Fund and South Central
Redevelopment Agency fund.
The project will result in resolving on-site drainage
deficiencies identified in the redevelopment plan, associated
with the lack of storm drains, upgrading of local water and
sewer facilities, and improved circulation within and near the
project area. The project will also result in extending
Newport Avenue southerly to Valencia Avenue consistent with a
proposed new SR-55 ramp design in order to provide another
north-south arterial to the southern portion of the City and
improve access for circulation and public safety (Police and
Fire) needs.
Project and cumulative traffic impacts can be reduced by the
recommended mitigation measures for the project and most area
intersections will show an improved level of service.
However, seven of the sixteen area intersections will still
have unacceptable service levels for post-2010 when the
project, all cumulative projects and buildout of General Plans
for adjacent cities are included. All feasible mitigation
measures, including a Transportation System Improvement
Association (TSIA) have been recommended for the project.
Both physical constraints for further widening and
improvements, or impacts on existing structures, preclude
further circulation improvements at the affected intersections
with unacceptable levels of service.
Short-term construction emissions are mitigated to a level of
insignificance and carbon monoxide emissions are reduced to
the extent feasible by facilitating traffic flow, by providing
new jobs in Central Orange County and by locating a hotel in
close proximity to business facilities which will reduce total
vehicle miles. Further reductions are dependent on the
California Air Resources Board (CARB) requiring vehicles with
lower emissions. Although project-generated emissions are not
considered regionally significant, some State and Federal
daily air pollution standards (ie: ozone, particulates) are
exceeded with or without the project.
EP.R~TA
PACIFIC CENTER EAST
FINAL ENVIRONMENTAL IMPACT REPORT
Response to Comments - Letter 6 city of Santa Ana
Add the following paragraph to Response 6-4:
"With respect to mitigation measures proposed for
selected intersections the following additional
information is provided:
EDINGER AVENUE WIDENING - Improvements to Edinger Avenue in
proximity to the SR-55 overpass are linked to the design of
Newport Avenue extension north of Edinger Avenue. The
project's share of the SR-55/SB ramps and Edinger Avenue
improvements as noted on page 55 of the EIR is estimated as 63
percent. Therefore, most of this improvement will likely be
funded by the project and not the TSIA.
Other improvements along Edinger in the City of Santa Ana and
noted on Exhibit 20 and in the EIR text (i.e. Grand/Edinger
and Lyon/Edinger) are shown conceptually only. Actual
improvement design and timing for completion of these
improvements will be subject to approval by the City of Santa
Ana. However, since the project is contributing to areawide
improvements, any discretion on design or timing as determined
by Santa Ana will not affect issuance of entitlements on the
Pacific Center East project in Tustin.
Since this section of roadway is part of the CMP network,
improvements will be designed for this location so that
adequate levels of service will be attained to meet CMP
eligibility requirements.
DYER ROAD AND RED HILL AVENUE - The project's anticipated
share of improvements at this intersection is 32 percent. The
improvements noted in the EIR are located in the City of
Irvine, and are proposed as part of the IBC mitigation
program. Additional improvements will be identified in
cooperation with the City of Santa Ana.
PROJECT-FUNDED TRANSPORTATION IMPROVEMENTS - The city will
require the project to participate in the city's
transportation fee ordinance. Currently, the fees are $2.50
per square foot for retail and office uses and $1.00 per
square foot for industrial and research and development uses.
With the formation of the Transportation System Improvement
Association, the fee rates are anticipated to increase
substantially, and the projeqt may be subject to fees of up to
$8 million dollars for transportation improvements.
Page Two
Errata Shell
Additions and Revisions to the EIR
3.5 Transportation/Circulation - page 28
Amend changes to footnote 6 and 7 on page 54 and 55 (see
center of page 28) as follows.
Footnotes 6 and 7 shall be reworded to read as follows:
"Actual improvements to Edinger Avenue in proximity to the SR-
55 overpass are shown conceptually linked to the design and
approval of Newport Avenue extension north of Edinger Avenue
and rework of the Sr-55/SB ramps. The project's share of the
SR-55/SB ramps and Edinger Avenue improvements as noted on
page 55 of the EIR is estimated as 63 percent. Therefore,
most of this improvement will likely be funded by the project
and not the TSIA".
Improvements along Edinger in the City of Santa Ana and noted
on Exhibit 20, Table 13 and 15 are shown conceptually only.
Actual improvement design and timing for completion of these
improvements will be subject to approval by City of Santa Ana.
However, since project is contributing to areawide
improvements, any discretion on design or timing as determined
by Santa Ana will not affect issuance of entitlements on the
Pacific Center East project in Tustin.
Since this section of roadway is part of the CMP network,
improvements will be designed for Edinger so that adequate
levels of service will be attained to meet Congestion
Management Plan (CMP) eligibility requirements including any
future designation of Edinger as a "Super Street".
CAS:kbc\errata.mis
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