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HomeMy WebLinkAbout08 RESOLUTION NO. 12-38MEETING DATE: MAY 1, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: ADOPT RESOLUTION NO. 12 -38 TO APPROVE A PURCHASE AGREEMENT FOR REAL PROPERTY AT 2472 CHAMBERS ROAD (APN 432 - 471 -24) FOR THE TUSTIN RANCH ROAD EXTENSION PROJECT (CIP NO. 70100) SUMMARY The proposed Agreement to purchase real acquire the needed right -of -way at 2472 necessary improvements included within th e Avenue to Warner Avenue (CIP No. 70100). property will initiate the final process for the City to Chambers Road (APN 432 - 471 -24) to construct Tustin Ranch Road Extension Project from Walnut RECOMMENDATION It is recommended that the City Council: 1. Adopt Resolution No. 12 -38 finding that the acquisition of a portion of Assessor's Parcel No. 432 - 471 -24 was considered in the Final Program Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin, Final Supplemental #1 and Addendum, and approving the Purchase Agreement of real property at 2472 Chambers Road; and 2. Authorize the City Manager and City Clerk to execute the Purchase Agreement with Executive Plaza, LLC, formerly Resco Properties, on behalf of the City subject to approval as to form with any minor non- substantive modifications required by the City Attorney. FISCAL IMPACT The City's Capital Improvement Program (CIP) budget for FY 2011/2012 appropriates funds for right -of -way acquisition for this project. Right -of -way costs for this acquisition are funded by OCTA GMA -7 (Fund 138) and CFD 06 -01 (Fund 434). The total purchase price for the right -of -way is $63,350.00, which is agreed by all parties to be the full compensation due to the seller for conveyance to the City. Furthermore, the seller agrees to provide the City a Temporary Construction Easement at no cost to the City for the duration of the project. DISCUSSION As part of the Tustin Ranch Road Extension Project, it is necessary to acquire additional property from three parcels along the east side of Tustin Ranch Road in the vicinity of the intersection with Walnut Avenue to accommodate construction of additional turn lanes, bicycle lanes, and a bus turnout on Tustin Ranch Road just north of Walnut Avenue. On January 17, 2012, City Council adopted Resolution No. 12 -09 approving a purchase agreement for one of the required real properties at 14471 Chambers Road. The property subject to this action is also located along Chambers Road at 2472 Chambers Road with rear property required along Walnut Avenue as well, just east of the intersection with Tustin Ranch Road. A location map AGENDA Agenda Item R Reviewed: 08 City Manager Finance Director x MEETING DATE: MAY 1, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS /CITY ENGINEER SUBJECT: ADOPT RESOLUTION NO. 12 -38 TO APPROVE A PURCHASE AGREEMENT FOR REAL PROPERTY AT 2472 CHAMBERS ROAD (APN 432 - 471 -24) FOR THE TUSTIN RANCH ROAD EXTENSION PROJECT (CIP NO. 70100) SUMMARY The proposed Agreement to purchase real acquire the needed right -of -way at 2472 necessary improvements included within th e Avenue to Warner Avenue (CIP No. 70100). property will initiate the final process for the City to Chambers Road (APN 432 - 471 -24) to construct Tustin Ranch Road Extension Project from Walnut RECOMMENDATION It is recommended that the City Council: 1. Adopt Resolution No. 12 -38 finding that the acquisition of a portion of Assessor's Parcel No. 432 - 471 -24 was considered in the Final Program Environmental Impact Statement/Environmental Impact Report (FEIS /EIR) for the reuse and disposal of MCAS Tustin, Final Supplemental #1 and Addendum, and approving the Purchase Agreement of real property at 2472 Chambers Road; and 2. Authorize the City Manager and City Clerk to execute the Purchase Agreement with Executive Plaza, LLC, formerly Resco Properties, on behalf of the City subject to approval as to form with any minor non- substantive modifications required by the City Attorney. FISCAL IMPACT The City's Capital Improvement Program (CIP) budget for FY 2011/2012 appropriates funds for right -of -way acquisition for this project. Right -of -way costs for this acquisition are funded by OCTA GMA -7 (Fund 138) and CFD 06 -01 (Fund 434). The total purchase price for the right -of -way is $63,350.00, which is agreed by all parties to be the full compensation due to the seller for conveyance to the City. Furthermore, the seller agrees to provide the City a Temporary Construction Easement at no cost to the City for the duration of the project. DISCUSSION As part of the Tustin Ranch Road Extension Project, it is necessary to acquire additional property from three parcels along the east side of Tustin Ranch Road in the vicinity of the intersection with Walnut Avenue to accommodate construction of additional turn lanes, bicycle lanes, and a bus turnout on Tustin Ranch Road just north of Walnut Avenue. On January 17, 2012, City Council adopted Resolution No. 12 -09 approving a purchase agreement for one of the required real properties at 14471 Chambers Road. The property subject to this action is also located along Chambers Road at 2472 Chambers Road with rear property required along Walnut Avenue as well, just east of the intersection with Tustin Ranch Road. A location map Approve Purchase Agreement for Real Property at 2472 Chamber Road May 1.2012 Page 2 is provided as Attachment 3. Design plans prepared for Phase 2 of the Tustin Ranch Road Extension Project include a proposed construction component to widen and reconstruct westbound Walnut Avenue at Tustin Ranch Road to provide for a dedicated right turn pocket and bike lane. Work includes on-site demolition and rennova|a, dedicated turn poohet, replacement of a shared driveway, landscaping and irrigation nastmraUon, aidevva|h, curb and gutter, uU/iUaa, and removal of a concrete monument sign. The attached Agreement is for purchase of right-of-way necessary for this proposed improvement. The owners, Executive Plaza, LLC, formerly Resco Pnopertioa, have signed the Purchase Agreement for the right-of-way acquisition and have also executed a Temporary Construction Easement (TCE) for the duration of the project to provide adequate access along the private property necessary to construct the proposed improvements. ne A. Shingleton ant Executive Director Attachment(s): 1. Resolution No. 12-38 2. Purchase Agreement J. Location Map Stack, P.E. irecor'df Public Works/City Engineer fLCity Council Items1201z Council Keno\Aprov Agreementto Purchase Property atu472Cham,emRddmx ATTACHMENT Resolution No. 12-38 RESOLUTION NO. 12-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA FINDING THAT THE ACQUISITION OFA PORTION {)F ASSESSOR'S PARCEL NO. 432 471-24 WAS CONSIDERED IN THE FINAL PROGRAM ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT /FB8/BR\ FOR THE DISPOSAL AND REUSE OF MARINE CORPS AIR STATION TUSl FINAL SUPPLEMENT #1.AND ADDENDUM, AND APPROVING THE PURCHASE AGREEMENT VVHEREAG, the acquisition of a portion of Assessor's Parcel No. 432-471-24 is needed for public use, namely to be utilized for the Tustin Ranch Road Extension Project within the City of Tustin; and WHEREAS. on January 16. 2001, the City of Tustin certified the Final Program Environmental Impact Statement/Environmental Impact Report (FBS/E|R) for the reuse and disposal ofK8CAG Tustin. On December 6, 2004. the City Council certified a Supplement #1 to the FB8/E|Fl for the Tustin Ranch Road project. On April 3. 2000. the City Council approved an Addendum to the FBS/BR. The FE|8/E|R. its Supplement #1, and Addendum are ooUectima|y, herein referred to as the ^ FE|G/E|R Documents". The FB8/BR Documents are a program BFl under the California Environmental Quality Act (CE[A). The FE|G/E|Fl Documents adequately addressed the environmental effects of development on the former Marine Corps Air Station, Tustin; and WHEREAS, the City of Tustin prepared a comprehensive Environmental Checklist for the Purchase Agreement to acquire a portion of Assessor's Parcel No. 432-471-24, attached as Exhibit ^A hereto. The Environmental Checklist concluded that the proposed acquisition of property does not result in any new significant environmental irnpoota. GubeLandGl changes, or @ eubstgDde( increase in the severity of any previously identified significant impacts in the FEIS/EIR Documents. K80nBove[, OO new information Of substantial importance has surfaced since certification of the FE|8/EiRDocurnenta; and VVHEF<EA8. State |evv authorizes the City to acquire the property for the above stated purpose; and WHEREAS, the owners of Assessor Parcel No. 432-471-24 have executed the Purchase Agreement. N{}VV, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin, as The City Council finds that the acquisition of a portion of Assessor Parcel No. 433- 471'24 is within the scope of the previously approved Program FBS/E|F< Documents and that pursuant [oTitle 14 California Code of Regulations Sections 15188 (o) and 15162. no new effects could occur and no new mitigation measures VVOV/d be required, Accordingly, DO new eDvin]OOleOta| document is required by CE{lA. The public use Lowhich a portion of Assessor Parcel No. 432-471-24 is needed is for the extension of Tustin Ranch Road between Warner Avenue and Walnut Avenue within the City of Tustin. , US qns ; AMR The property to be acquired is described as a portion of Assessor Parcel Map No. 432-471-24, its address being 2472 Chambers Road, and more particularly described in Exhibit A, Legal Description of Property, of Attachment 2, Purchase Agreement. 4. STATUTORY FINDING The City Council makes the following additional findings: a. The public interest and necessity require the extension of Tustin Ranch Road to accommodate additional and new traffic within the City of Tustin. b. The proposed project is planned and located in a manner that will be most compatible with the public good and the least private injury. C. The property described is necessary for the extension of Tustin Ranch Road between Warner Avenue and Walnut Avenue. d. An offer of purchase of the property has been made to the owners of the property pursuant to Government Code Section 7267. 5. AUTHORIZATION The Purchase Agreement is hereby approved and the City Manager and City Attorney are authorized and directed to perform all acts necessary on behalf of the City for the acquisition of said property. 6. EXPENDITURE OF FUNDS The City Manager is hereby authorized to expend funds available to the City for the acquisition of real property described herein. 7. RECORDING The City Clerk is hereby authorized and directed to record a certified copy of this resolution at the Office of the County Recorder, County of Orange. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 1 st day of May 2012. ATTEST: John Nielsen, Mayor Pamela Stoker, City Clerk STATE C)FCALIFORNIA ) COUNTY OF ORANGE \8G CITY DFTU8T|N ) [ Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 12-38 was duly and regularly passed and adopted at m regular meeting of the City Council held on the 1 st day of May, 2012 by the following vote: N O - PAMELA STOK City Clerk Exhibit "A" COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial tpay, Tustin, CA 92780 (714) 573 -3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certifled/Approved Environmental Documents: Environmental Impact Statement/Environmental Impact Report (EIS /EIR) for the Disposal and Reuse of Marine Corps Air Station CNICAS) Tustin This checklist and the following evaluation of environmental impacts takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Extension of Tustin Ranch Road Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Ken Nishikawa Phone: (714) 573 -3389 Project Location: Extension of Tustin Ranch Road from Walnut Avenue to Warner Avenue Project Sponsor's Name and Address: City of Tustin 300 Centennial Way Tustin, CA 92780 General Plan Designation: Unclassified (Street) Zoning Designation: Unclassified (Street) Project Description: Design and construction of extension of Tustin Ranch Road between Walnut Avenue and Warner Avenue, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue. Surrounding Uses: Residential uses, commercial uses, industrial business parks, and vacant land. Previous Environmental Documentation: Program Final Environmental Impact Statement/Environmental Impact Report (Program FEIS /EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin (State Clearinghouse #94071005) certified by the Tustin City Council on January 16, 2001, Final Supplemental #1 to Program FEISIEIR approved in December 6, 2004, and Addendum approved by the City Council on April 3, 2006. B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist in Section D below. ❑Land Use and Planning ❑Population and Housing ❑Geology and Soils ❑Hydrology and Water Quality ❑Air Quality ❑Transportation & Circulation ❑Biological Resources ❑Mineral Resources ❑Agricultural Resources C. DETERMINATION: ❑Hazards and Hazardous Materials ❑Noise ❑Public Services ❑Utilities and Service Systems ❑Aesthetics ❑Cultural Resources ❑Recreation ❑Mandatory Findings of Significance On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ® I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Date: 01-05-2012 Scott Reekstin, Senior Planner D. EVALUATION OF ENVIRONMENTAL IMPACTS Date 01-05-2012 See Attachment A attached to this Checklist tlizat)CM A. Binsack, Community Devetopment Director EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista'? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations'? e) Create objectionable odors affecting a substantial number of people? No Substantial New More Change From Significant Severe Previous Impact Impacts .4nalysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service`? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VL GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: No Substantial New More Change From Significant Severe Previous Impact Impacts .4nalysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ i) Rupture of a known earthquake fault, as delineated on the most recent Alquist -Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault'? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse'? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? VII.HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area'? No Substantial New Yore Change From Significant Severe Previous Impact Impacts Analvsis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan'? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? _VIII. HYDROLOGY AND WATER QUALITY• — Would the project: a) Violate any water quality standards or waste discharge requirements'? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off - site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 104 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING — Would the project: a) Physically divide an established community? No Substantial New More Change From Significant Severe Previous Impact Impacts .Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ I. ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. :MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state`? b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE — Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XILPOPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere'? Mo Substantial New More Change From Significant Severe Previous Impact Impacts Analvsis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 11 ❑ XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks'? Other public facilities? ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts :analysis _ c) Displace substantial numbers of people, necessitating the ❑ construction of replacement housing elsewhere? ❑ ❑ XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks'? Other public facilities? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ XIV. RECREATION — a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment'? XV. TRANSPORTATION /TRAFFIC — Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 Result in inadequate parking capacity? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES kND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects'? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs'? g) Comply with federal, state, and local statutes and regulations related to solid waste'? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually Iimited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly'? Xo Substantial Xew More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ EXHIBIT A EVALUATION OF ENVIRONMENTAL IMPACTS TUSTIN RANCH ROAD EXTENSION FROM WALNUT AVENUE TO WARNER AVENUE, INCLUDING RIGHT-OF-WAY ACQUISITION ADJACENT TO THE INTERSECTION OF TUSTIN RANCH ROAD AND WALNUT AVENUE PREVIOUS ENVIRONMENTAL DOCU MENTATION ENTATION A Final Joint Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin and Mitigation Monitoring and Reporting Program for the EIS/EIR was prepared by the City of Tustin and the Department of the Navy (DoN) in accordance with the California Environmental Quality Act (CEQA) and the National Environmental Policy (NEPA). The FEIS/EIR analyzed the environmental consequences of the Navy disposal and local community reuse of the MCAS Tustin site per the Reuse Plan and the MCAS Tustin Specific Plan/Reuse Plan. The CEQA analysis also analyzed the environmental impacts of certain "Implementation Actions" that the City of Tustin and City of Irvine must take to implement the MCAS Tustin Specific Plan/Reuse Plan. The FEIS/EIR and Mitigation Monitoring and Reporting Program were adopted by the Tustin City Council on January 16, 2001. The DoN published its Record of Decision (ROD) on March 3, 2001. On December 4, 2004, the City Council adopted Resolution No. 04-77 for the Final Supplemental #1 to FEIS/EIR. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the FEIS/EIR. The MCAS Tustin Specific Plan and the FEIS/EIR and Addendum analyzed a multi-year development period for the planned urban reuse project as a program document and included Tustin Ranch Road within the boundaries of the former MCAS Tustin (The "Tustin Legacy" project). Final Supplemental #1 to FEIS/EIR specifically analyzed impacts associated with Tustin Ranch Road extension between Walnut Avenue and Valencia Avenue, including the acquisition of right-of-way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, When individual activities within the MCAS Tustin Specific Plan are proposed, the planning agency is required to examine individual activities to determine if their effects were fully analyzed in the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum. The planning agency can approve the activities as being within the scope of the project covered by the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum if the agency finds that pursuant to Sections 15162, 15164, and 15183 of the CEQA Guidelines no new effects would occur, nor would a substantial increase in the severity of previously identified significant effects occur, then no supplemental or subsequent environmental document is required. For the proposed the Tustin Ranch Extension project, including the acquisition of right-of-way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, the City prepared a comprehensive Environmental Checklist and the analysis is provided below to determine if the project is within the scope of the FEIS/EIR, Supplemental #1 to FEIS/EIR, and Addendum and if new effects would occur as a result of the project. Mitigation measures and implementation actions adopted through Resolution Nos. 00-90, 04-77, 06-43 are attached hereto as Exhibit B. Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 2 PR OJECT LOCATION Tustin Ranch Road Extension project is an extension of the existing Tustin Ranch Road from Walnut Avenue on the north to Warner Avenue on the south, including intersection treatments that require the acquisition of right -of -way. The portion of the project between Walnut Avenue and north of the southerly right of way limit of Edinger Avenue is located to the north of the former MCAS Tustin property ( "Tustin Legacy project ") traversing established communities consisting of residential uses and industrial business parks. The portion of the project between south of the Edinger Avenue right of way to Warner Avenue is located within Tustin Legacy project. Tustin Legacy project is the portion of the former Marine Corps Air Station (MCAS) Tustin within the City of Tustin corporate boundaries. The Tustin Legacy project is located in central Orange County and is approximately 40 miles southeast of downtown Los Angeles. The major roadways bordering Tustin Legacy include Red Hill Avenue on the west, Edinger Avenue and Irvine Center Drive on the north, Harvard Avenue on the east, and Barranca Parkway on the south. Jamboree Road transects the Property. John Wayne Airport is located approximately three miles to the south and a Metrolink Commuter Rail Station is located immediately to the north providing daily passenger service to employment centers in Orange, Los Angeles, Riverside, and San Diego counties. PRESENT CONDITION OF THE PROPERTY Tustin Ranch Road extension has been planned and identified in the City's General Plan and in the MCAS Tustin Specific Plan as a future major arterial connecting the existing Tustin Ranch Road to Tustin Legacy. The northerly portion of the project site between Walnut Avenue and the OCFCD right of way currently contains fill material. The man-made topography near the OCFCD right of way is approximately thirty -five (35) feet higher in elevation than adjacent residences and industrial uses. The man -made topography gradually slopes down to Walnut Avenue. Approximately 4 to 5 residences are located directly adjacent to the most elevated portion of the fill material. Most of this till material was placed on the project site in 1977 to form the foundation of the Tustin Ranch Road bridge over the OCFCD right -of -way, OCTA/SCRRA railway right -of -way and Edinger Avenue. The grading for this part of Tustin Ranch Road was completed at the same time that the grading for the Peppertree Residential Community (Tract Nos. 7813, 7954, 8088, and 8912) was completed. Currently, the portion of the project site between Walnut Avenue and the OCFCD right -of -way and south of Edinger Avenue is fenced off from public access and is under construction. Land uses northwest of the project site include single family dwellings (Laurelwood Residential Community) and northeast of the site are industrial uses. Single family dwellings ( Peppertree Residential Community) are located immediately west of the project site between Walnut Avenue and the OCFCD right -of -way. An existing church and industrial uses are located immediately east of the project site between Walnut Avenue and the OCFCD right -of -way. South of the OCFCD right -of -way is the OCTA/SCRRA railroad right -of -way and Edinger Avenue. The portion of the site that is south of Edinger Avenue has historically not been used Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 3 for military purposes but used as interim agricultural uses (interim agricultural uses have ceased). The proposed right -of -way in this area was identified as such in the Reuse Plan approved in October 1996 and FEIS /EIR certified in January 2001. The City acquired the deed to the MCAS Tustin portion of the Tustin Ranch Road right -of -way on May 13, 2002. The portion south of Edinger Avenue was graded as part of the initial portion of mass grading work for the master developer footprint, and construction is underway . RIGHT OF WAY ACQUISITION The acquisition of approximately 9,500 square feet of right -of -way in the vicinity of the intersection of Tustin Ranch Road and Walnut Avenue at 2472 Walnut Avenue, 2472 Chambers Road, and 14471 Chambers Road is required for the Tustin Ranch Road Extension project to accommodate right turn lanes, a bus turnout area, and other related improvements. PROJECT DESCRIPTION All related environmental impacts associated with the construction and use of the Project were considered in the FEIS /EIR, Supplemental #1 to FEIS /EIR, and Addendum and all applicable implementation measures and mitigation measures are identified in the Mitigation Monitoring and Reporting Program approved by the Tustin City Council for the FEIS /EIR, Supplemental #1 to FEIS /EIR, and Addendum. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. I. AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The construction of the Tustin Ranch Road will include soundwalls of varying heights adjacent to the existing residential walls. These soundwalls were recommended as mitigation to reduce noise levels to less than significant (see discussion under Noise Impacts). The project will include landscaping along the slope of the earthen ramp. The project is not located on a scenic highway nor will it affect a scenic vista. Short-term and insignificant visual impacts may occur with the presence of heavy machinery during construction and demolition activities, but would only be visible within the construction/demolition zone, which is almost completely within the former MCAS Tustin, a facility which is closed to public access and view. Construction of the project through the site's existing antiquated private circulation system, vacant aircraft facilities, parking Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 4 aprons, and open areas of short gasses would establish a new cohesive and harmonious circulation streetscape through the planned community. The project will utilize street lighting designed to reduce glare and spill -over, create a safe night environment, and avoid glare impacts to surrounding properties. The proposed project is to be constructed so will not adversely impact day or nighttime views in the area. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS /EIR, and Addendum. Consequently, the proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified the FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS /EIR, and Addendum. hlitigation/Monitoring Required: Compliance with existing rules and regulations is not mitigation under CEQA. Consequently, no mitigation is required. Sources. Engineering and Design Plans for the Project Field Observations FEIS /EIR for Disposal and Reuse of MCAS Tustin (Page 3 -84, 4 -109 through 114) and Addendum (Page 5 -3 through 5 -8) MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Final Supplemental #1 to Final EIS /EIR Tustin General Plan 11. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non - agricultural use? The project site was leased as interim agriculture sites. All agricultural activities on the site and Navy out leases were terminated in phases by the Navy prior to the closure of MCAS Tustin in July, 1999. Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 5 The physical impact area for the proposed project is the same as that identified in the FEIS /EIR, Supplemental #1 to FEIS/EIR, and Addendum. Although not proposed at this time, implementation of the proposed project would continue to impact areas mapped but not used as Prime Farmland. Additionally, there are no areas subject to a Williamson Act contract, and conservation of farmland in this area was deemed unwarranted by NCRS. The loss of Prime Farmland and Farmland of Statewide Importance would remain a significant and unavoidable impact. The mitigation options previously identified in the FEIS /EIR, Supplemental #1 to FEIS /EIR, and Addendum are still infeasible and would be ineffective to reduce the localized adverse effects associated with the loss of mapped/designated farmland. There are no new feasible mitigation measures that could be implemented that would reduce the significant unavoidable impact associated with the conversion of Farmland to urban uses. Mitigation options identified in the FEIS /EIR, Supplemental #1 to FEIS /EIR, and Addendum determined to be infeasible are still infeasible and ineffective to reduce impacts to a level considered less than significant. There would not be a substantial increase in the severity of project - specific and cumulative impacts to agricultural resources beyond that identified in the FEIS /EIR, Supplemental #1 to FEIS /EIR, and Addendum; however, these impacts would continue to be significant unavoidable impacts of the proposed project. The Tustin City Council adopted a Statement of Overriding Considerations for the FEIS /EIR, Supplemental #1 to FEIS /EIR, and Addendum. The proposed project , including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS/EIR, and Addendum. Consequently, the proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS /EIR, and Addendum. iWitigationlMonitoring Required: In certifying the FEIS /EIR, Supplemental #1 to FEIS /EIR, and Addendum, the Tustin City Council adopted Findings of Fact and Statement of Overriding Consideration concluding that impacts to agricultural resources were unavoidable (Resolution Nos. 00 -90, 04 -77, and 06 -43). No mitigation is possible or required. Sources: Engineering and Design Plans for the Project Field Observations FEIS /EIR for Disposal and Reuse of MCAS Tustin (Page 3 -84, 4 -109 through 114) and Addendum (Page 5 -8 through 5 -10) Resolution No. 00 -90 MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Final Supplemental #1 to Final EIS/EIR Tustin General Plan Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 6 III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? All air quality environmental impacts related to development of the entire Specific Plan area (including the project site) were considered in the adopted FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS /EIR, and Addendum. Development of the entire project would: 1) be inconsistent with the 1994 and 1997 South Coast Air Basin (SCAB) Air Quality Management Plan (AQMP); 2) exceed South Coast Air Quality Management District (SCAQMD) thresholds of significance for CO, NO, and ROC from long -term operation emissions from mobile (vehicular) and stationary sources; and 3) would exceed SCAQMD thresholds of significance during some or all phases of the project for peak reduced emissions of suspended particulates (PM10), reactive organic compounds (ROC), and oxides of nitrogen (NO,,) due to construction activities. However, a Statement of Overriding Considerations for the FEIS /EIR, Supplemental #1 to FEIS /EIR, and Addendum was adopted by the Tustin City Council identifying specific justifiable economic, legal, social, technological, or other considerations. Construction air emissions are also anticipated and would result from the following four (4) construction activities: 1) demolition (which may include asbestos removal); 2) grading; 3) site preparation and utility installation; and 4) roadway construction. Construction of the proposed roadway extension will increase short term air emissions during construction activities. However as discussed in the FEIRJEIS, Final Supplemental #1 to FEIS /EIR, and Addendum, construction related impacts of the proposed project would be below the South Coast Air Quality Management District (SCAQMD) thresholds and is considered less than significant. Appropriate control measure under Rule 403 will be implemented to ensure short term impacts resulting from construction activity will be less than significant. The proposed project , including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS /EIR, and Addendum. Consequently, the proposed project will result in no substantial changes to Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 7 the environmental impacts previously evaluated with the certified FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEISIEIR, and Addendum. MitigatiotVMonitoring Required: Specific Mitigation and Implementation Measures have been adopted by the Tustin City Council in certifying the FEIS /EIR, Final Supplemental #1 to FEIS /EIR., and Addendum for operational and construction activities (Mitigation Measures AQ -1 through AQ -4). However, the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum also concluded that the Reuse Plan related operational air quality impacts were significant and could not be fully mitigated. A Statement of Overriding Considerations for the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum was adopted by the Tustin City Council (Resolution Nos. 00 -90, 04 -77 and 06 -43). Sources: Engineering and Design Plans for the Project Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -143 through153, 4 -207 through 4 -230, pages 7 -41 through 7 -42 and Addendum Pages 5 -10 through 5 -28) MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Resolution No. 00 -90 Final Supplemental #1 to Final EIS /EIR Tustin General Plan IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 8 e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The FEIS/EIR for MCAS Tustin, Final Supplemental #1 to FEIS/EIR, and Addendum found that implementation of the Reuse Plan and MCAS Tustin Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species, however, the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum determined that implementation of the Reuse Plan and MCAS Tustin Specific Plan (including the construction of the proposed project) could have an impact on jurisdictional waters/wetlands. Mitigation measures were included in the MCAS Tustin FEIS/EIR for MCAS Tustin, Final Supplemental #1 to FEIS/EIR, and Addendum to require the relocation of the turtles and establishment of an alternative off-site habitat, and requires the City as the project proponent to obtain Section 401 (Regional Water Quality Control Board), 404 (California Department of Fish and Game), Section 1601 (Army Corps of Engineers), and other permits as necessary for areas on the project site affecting jurisdictional waters of the U.S. or vegetated wetlands. The City of Tustin received these permits. The proposed project , including the acquisition of right-of-way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS/EIR for MCAS Tustin, Final Supplemental #1 to FEIS/EIR, and Addendum. Therefore, no substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin, Final Supplemental #1 to FEIS/EIR, and Addendum. itfitigationlMonitoring Required: Mitigation and Implementation measures have been adopted by the Tustin City Council in the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum; these measures (Bio-I through Bio-4) are included in the Mitigation Monitoring and Reporting Program. Sources: Engineering and Design Plans for the Project Approved 401, 404 and 1601 Permits Issued by Responsible Regulatory Agencies Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3- 82, 4-103 through 4-108, 7-26 through 7-27 and Addendum pages 5-28 through 5-40) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3- 70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Final Supplemental #1 to FEIS/EIR Tustin General Plan Approval Letters from Regulatory Agencies Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 9 V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? The portion of the project site located north of Edinger Avenue and south of Walnut Avenue has previously been disturbed during grading activities associated with the Peppertree Residential Community, flood control channel, and the railroad tracks. An archaeological review of known archaeological sites for the portion of the project site located south of and adjacent to Edinger Avenue was conducted in 1990 as referenced in the FEIS /EIR and Final Supplemental #1 to FEIS /EIR. The archaeological review included a review of surrounding areas for archaeological resources. This literature review which was completed at the Archaeological Survey University of California Los Angeles encompassed the entire Tustin Ranch Road project site. According to the review, no known archaeological resources were found in the area of the Tustin Ranch Road project site. A portion of the project site that is south of Edinger Avenue and on the Base property was evaluated for archaeological resources in the FEIS /EIR. The surveys resulted in the recording of only one site (CA -ORA -381) which located at the northwestern part of the former Air Station near Red Hill Avenue. This archaeological site (CA -ORA -381) has been recorded within the Reuse Plan area; it is believed to have been destroyed. Numerous archaeological surveys also have been conducted at the former MCAS Tustin site. In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all open spaces on MCAS Tustin had been adequately surveyed for archaeological resources. It is possible that previously unidentified buried archaeological or paleontological resources within the project site could be significantly impacted by proposed grading and construction activities. With the inclusion of mitigation measures identified in the FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS /EIR, and Addendum and their respected Mitigation Monitoring and Reporting Program that require construction monitoring, potential impacts to cultural resources can be reduced to a level of insignificance. The proposed project , including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS /EIR, and Addendum. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS /EIR, and Addendum. Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 10 MitigatioWiVonitoring Required: Mitigation and Implementation Measures have been adopted by the Tustin City Council in the FEIS /EIR for MCAS Tustin, Final Supplemental #1 to FEIS /EIR, and Addendum; these measures (Hist -1 through 5, Arch -1 and 2, AR -1, Paleo -1 and 2, PR -1 and 2) are included in the Mitigation Monitoring and Reporting Program for the project. Sources: Engineering and Design Plans for the Project Field Observations FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -68 through 3- 74, 4 -93 through 4 -102, 7 -24 through 7 -26, and Addendum Pages 5 -40 through 5 -45) MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Final Supplemental #1 to FEIS /EIR Tustin General Plan VI. GEOLOGY AND SOILS: — Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: • Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • Strong seismic ground shaking? • Seismic - related ground failure, including liquefaction? • Landslides? b) Result in substantial soil erosion or the loss of topsoil? C) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 1 8-1 -B of the Uniform Building Code (2001), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum indicates that impacts to soils and geology resulting from implementation of the Reuse Plan and MCAS Tustin Specific Plan would include non - seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high - intensity ground shaking, ground failure and Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 11 lurching, seismically induced settlement, and flooding associated with dam failure. However, the FEIS /EIR, Final Supplemental #1 to FEIS/EIR, and Addendum concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. MitigatioruMonitoring Required: Compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Engineering and Design Plans for the Project Field Observations FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -88 through 3- 97, 4 -115 through 4 -123, 7 -28 through 7 -29 and Addendum Pages 5 -46 through 5 -49) MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3-62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Final Supplemental #1 to FEIS /EIR Tustin General Plan VII. HAZARDS AND HAZARDOUS MATERIALS: — Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 12 f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and its Addendum include a detailed discussion of the historic and current hazardous material use and hazardous waste generation within the Specific Plan area. The project is proposed through areas known to contain possible soil and ground water contamination. The Department of Navy (DoN) is responsible for planning and executing environmental restoration programs in response to releases of hazardous substances for MCAS Tustin. The FEIS /EIR and Addendum concluded that the implementation of the Specific Plan would not have a significant environmental impact from the hazardous wastes, substances, and materials on the property during construction or operation since the DoN would implement various remedial actions pursuant to the Compliance Programs that would remove, manage, or isolate potentially hazardous substances in soils and groundwater. The Engineering and Design Plans and Specifications include specially designed elements and provisions that are intended to be protective of human health and the environment by implementing construction techniques, design and materials that will prevent the transmittal of existing VOC contaminated groundwater away from its current locations while not interfering with on -going Navy remediation activities in the area. The Project Specifications require the selected contractor to manage any small amounts of hazardous substances that are likely to be identified during demolition, construction and dewatering activities. Appropriate coordination with the DoN will occur to address construction and construction related dewatering that may be needed in these areas to avoid any potential impacts. All project activities will be conducted in accordance with federal, state and local regulations governing the use, handling, transportation, and storage of hazardous materials, thereby reducing the potential of an unauthorized release to the environment. Also, adherence to federal, state and local regulations will ensure that the project will not create a significant hazard to the public through the transport, use, or disposal of hazardous materials, nor are there reasonably foreseeable upset and accident conditions at the property. As identified in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and the Addendum, the project site is within the boundaries of the Airport Environs Land Use Plan (AELUP) and is subject to height restrictions. The proposed project does not propose changes to height limitation included in the Specific Plan, nor do they pose an aircraft- related safety hazard for future residents or workers. The project site is not located in a wildland fire danger area. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 13 with the analysis of the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. MitigationtMonitoring Required: Compliance with existing deed restrictions, rules, and regulations would avoid the creation of potential impacts, no mitigation is required. Sources: Engineering and Design Plans for the Project Field Observation FEIS /EIR for Disposal and Reuse of MCAS Tustin pages (3 -106 through 3- 117, 4 -130 through 4 -138, 7 -30 through 7 -31, and Addendum Pages 5 -49 through 5 -55) MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Finding of Suitability to Transfer (FOST) for Southern Parcels 4 -8, 10 -2, 14, and 42, and Parcels 25, 26, 30 -33, 37 and Portion of 40 and 41 Finding of Suitability to Lease (FOSL) for Southern Parcels Care -out Areas 1, 2, 3, and 4 Airport Environs Land Use Plan (AELUP) Final Supplemental #1 to FEIS /EIR Tustin General Plan VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 14 0 Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The project site is partially developed with several existing buildings and ancillary site improvements such as former military aircraft tarmac and parking areas. The remainder of the site is vacant. Project construction could lead to temporary silt -laden runoff due to storm events and watering to reduce dust related air emissions. No long -term impacts to hydrology and water quality are anticipated for the proposed project. In fact, the proposed project involves the construction of a new public storm drain system that will improve site drainage. Construction of the project will not impact groundwater in the deep regional aquifer or shallow aquifer. Other than temporary utility construction related de- watering activities, no groundwater removal (construction of wells) is proposed. The project is consistent with drainage master plans prepared by the Orange County Flood Control District and the Runoff Management Plan (ROMP) prepared for the former MCAS Tustin by the City of Tustin. In addition, in accordance with implementation measures in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum, the City of Tustin and County of Orange entered into Cooperative Agreement D02 -119 and an amendment to the agreement to ensure the improvement of regional channel facilities through the Tustin Legacy site to mitigate development runoff through appropriate backbone infrastructure to accommodate issues of urban drainage, flood protection, and stormwater quality. The project will not expose people or structures to a significant risk of loss, injury, and death involving flooding as a result of the failure of a levee or dam, nor is susceptible to inundation by seiche, tsunami or mudflow. The proposed project would cross a 100 -year flood zone north Edinger Avenue at the Santa Ana/Santa Fe Channel. The proposed project is not expected to add new runoff into the channel because storm water would be conveyed to Walnut Avenue or the drainage facilities south of Edinger Avenue that are proposed as part of the Reuse Plan. As indicated on page of the FEIR, Final Supplemental #1 to FEISIEIR, and Addendum, the Santa Ana Santa Fe Channel is currently undersized and experiences over flow during major storm events (i.e. 100 -year storm events). The proposed project will include bridge piles within the area that experiences overflow. The installation of the bridge piles is not expected to alter existing Santa Ana Santa Fe Channel. Also, as previously noted, the project involves potential impacts to existing drainage channels at MCAS Tustin that have been determined to contain jurisdictional waters and/or Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 15 wetlands. Section 401 (Regional Water Quality Control Board), 404 (California Department of Fish and Game), Section 1601 (Army Corps of Engineers), and other permits as necessary for areas on the project site affecting jurisdictional waters of the U.S. or vegetated wetlands. The City of Tustin has previously applied for and received these permits. Temporary construction related activities would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and the implementation of specific best management practices (BMP). The use of established engineering and construction practices i.e. Best Management Practices (BMPs) will ensure compliance with the City's NPDES permit. A Water Quality Management Plan (WQMP) would be prepared for the project to identify BMPs and ensure compliance with the NPDES permit. Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. VJitigationfMonitoring Required: Compliance with existing rules and regulations including the WQMP would reduce any potential impacts related to water quality and groundwater to a level of insignificance and no mitigation is required. Specific Mitigation and Implementation Measures have been adopted by the Tustin City Council in certifying the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for temporary construction activities. Sources: Engineering and Design Plans for the Project Field Observation FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -98 through 3- 105, 4 -124 through 4 -129, 7 -29 through 7 -30 and Addendum Pages 5 -56 through 5 -92) ;MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Tustin General Plan Navy Project Approval Letter dated August 2, 2004 FEMA Map Final Supplemental #1 to FEIS /EIR Cooperative Agreement D02 -119, as amended Approval Letters from Regulatory Agencies IX. LAND USE AND PLANNING: Would the project: Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 16 a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited, to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The City of Tustin is the controlling authority over implementation of the Reuse and Specific Plan for those portions of the former base within the City of Tustin, such as land use designations, zoning categories, major arterial roadways, urban design, public facilities, and infrastructure systems. On February 3, 2003, the Tustin City Council approved the Specific Plan for MCAS Tustin that established land use and development standards for development of the site. The proposed project would be supportive of redevelopment activities at the former base and complies with the Specific Plan, and compliance with state and local regulations and standards would avoid the creation of significant land use and planning impacts. Also, the proposed project will not conflict with any habitat conservation plan or natural community conservation plan. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR, Final Supplemental 91 to FEIS /EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. MitigationlMonitoring Required: Compliance with existing rules and regulations would avoid the creation of potential impacts. Consequently, no mitigation is required. Sources: Engineering and Design Plans for the Project Field Observation FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -3 to 3 -17, 4 -3 to 4 -13, 7 -16 to 7 -18 and Addendum Pages 5 -92 to 5 -95) MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Final Supplemental #1 to FEIS /EIR Tustin General Plan X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 17 The MCAS Tustin FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum indicate that no mineral resources are known to occur anywhere within the Reuse Plan area. The proposed project will not result in the loss of mineral resources known to be on the site or identified as being present on the site by any mineral resource plans. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. Nfitigation /Monitoring Required: No mitigation is required. Sources: Engineering and Design Plans for the Project Field Observation FEIS /EIR for Disposal and Reuse of MCAS Tustin (Page 3 -91) and Addendum (Page 5 -95) MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Final Supplemental #1 to FEIS /EIR Tustin General Plan XI. NOISE: Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 18 The proposed project would construct an extension to the Tustin Ranch Road as part of the backbone infrastructure that includes roadways and utility backbone systems through the former MCAS Tustin. The construction of this infrastructure system will enable access, and provision of public utility systems will support the new development to occur at Tustin Legacy. Construction of backbone roadways will result in additional traffic and vehicular related noise impacts to project - adjoining properties as detailed in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR and Addendum. The FEIS /EIR establishes noise contours around 65 Community Noise Equivalent Levels (CNEL) based upon aircraft and traffic levels. The FEIS /EIR adequately evaluated the effects of full development of the Reuse Plan with Tustin Ranch Road for the year 2020 on the roadways surrounding the project site. No further analysis for the year 2020 is required; however, the noise study prepared for the project identified the effects that are associated with the development of the Tustin Ranch Road extension for the year 2020. The noise study prepared for the project determined that the noise effects for the year 2020 on the roadways surrounding the project site are consistent with the findings in the FEIS /EIR. In addition to the noise analysis along the roadways surrounding the project site, the noise study for the proposed project evaluated the potential noise impacts on adjacent residential, church, and office uses from constructing and operating the extension of Tustin Ranch Road. Mitigation measures such as installation of sound walls, forced air ventilations, installation of acoustic -rated windows /door assemblies, and installation of sealed weather - stripping on second story exterior doors in habitable rooms were included in the Supplemental #1 to FEIS /EIR. The proposed project is not anticipated to generate additional traffic noise beyond that previously anticipated by the FEIS/EIR, Final Supplemental #1 to FEIS /EIR and Addendum. Future development at Tustin Legacy will be required to use construction techniques and materials that ensure compatibility with maximum community noise levels. There will be construction related noise associated with the construction activities as anticipated in the FEIS /EIR, Final Supplemental 91 to FEIS /EIR and Addendum. Temporary construction activities will be required to comply with local regulations and standards identified in the City's Noise Ordinance (i.e. restricted days and hours of construction activities). These requirements have been included in the bid documents and specifications for the project. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope evaluated with the analysis of the FEIS /EIR, Final Supplemental #1 to FEIS/EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. MitigationliVonitoring Required: Compliance with existing rules and regulations would reduce any potential impacts related to noise to a level of insignificance. Specific Mitigation and Implementation Measures (NR -1 through NR -7 and N -1 through N -4) have been Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 19 adopted by the Tustin City Council in certifying the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum for temporary construction activities and these mitigation measures have been incorporated into the construction bid and specifications documents and will be monitored by the Public Works Department, through a contract project manager. Sources: Engineering and Design Plans for the Project Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 through 3- 162) and Addendum (Page 5-96 through 5-99) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3- 70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Final Supplemental #1 to FEIS/EIR Tustin General Plan XII. POPULATION & HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project will not add new housing, remove existing housing, or displace any people to necessitate construction of additional housing. The extension of Tustin Ranch Road as planned for the MCAS Tustin Specific Plan will provide, access, amenities, and infrastructures to uses included within the Specific Plan. Any population growth resulting from the extension of the roadway has been analyzed and addressed in the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum. The proposed project, including the acquisition of right-of-way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS/EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum for MCAS Tustin. MitigationlMonitoring Required: No mitigation is required. Sources: Engineering and Design Plans for the Project Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4- 14 to 4-29, and 7-18 to 7-19) and Addendum Pages (5- 1 0 1 through 5-112) Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 20 MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Final Supplemental #1 to FEIS /EIR Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: The proposed project will not directly result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives. The FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum has determined that such impacts could only occur as a result with the planned buildout of the Tustin Legacy project. The proposed project will in fact create a beneficial impact for access for fire and police protection in the project area. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR, Final Supplemental #1 to FEIS/EIR, and Addendum for MCAS Tustin. Mitigation/Monitoring Required: Compliance with existing rules and regulations would reduce any potential impacts related to public services and facilities to a level of insignificance. Specific Implementation Measures (Implementation Measures for Utilities and Facilities (m) through (x)) have been adopted by the Tustin City Council in certifying the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum. No mitigation is required. Sources: Engineering and Design Plans for the Project Field Observation FEIS /EIR for Disposal and Reuse of MCAS Tustin (Pages 3 -47 to 3 -57, 4- 56 to 4 -80 and 7 -21 to 7 -22) and Addendum (Pages 5 -112 through 5 -122) MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Final Supplemental #1 to FEIS /EIR Tustin General Plan Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 21 XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The Reuse Plan and MCAS Tustin Specific Plan provides for the future provision of a new 85.5-acre Regional Park, a 24-acre Community Park, two Neighborhood Parks of more than five-acres and regional and community riding and hiking paths through the property. The proposed project will not directly impact existing or planned recreational facilities other than providing access and utility service to the planned Community Park and Urban Regional Park site. The proposed project, including the acquisition of right-of-way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS/EIR, Final Supplemental #1 to FEIS/ElR, and Addendum for MCAS Tustin. 11itigationlMonitoring Required: No mitigation is required. Sources: Engineering and Design Plans for the Project Field Observation FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57, 4-56 to 4-80, 7-21 to 7-22 and Addendum Pages 5-122 through 5-127 MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3- 70 through 3 -81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Tustin City Code Section 933 1 d (1) (b) Final Supplemental #1 to FEIS/EIR Tustin General Plan Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 22 .W. TRAINSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum indicates that transportation and circulation impacts would be created through the phased implementation and development of the approved Reuse Plan and MCAS Tustin Specific Plan. A projected 216,445 Average Daily Trips (ADT) would be generated by full redevelopment of the base by year 2020 that, if left unmitigated, would overburden existing roadways and intersections surrounding the base property. According to the FEIS /EIR, development related traffic and circulation impacts will be mitigated and planned roadways constructed on the facility as future development progresses at Tustin Legacy. The proposed project is a required planned improvement and mitigation measure in the FEIS /EIR before certain development levels can be authorized. The proposed project would result in a redistribution of existing traffic volumes as well as provide access to the vicinity of the project site. The proposed project would cause temporary construction related traffic impacts. Construction activities are required to comply with all transportation related FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum Implementation and Mitigation Measures (e.g., lane closures, street/utility construction, construction vehicle tragic, etc.) as identified in the approved Mitigation Monitoring and Reporting Program. With these mitigation measures, potential temporary impacts to transportation and circulation resources can be reduced to a level of insignificance. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 23 MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. iVitigatioW116nitoring Required. The proposed project will only cause temporary construction related traffic and circulation impacts that can be mitigated through enforcing contractor compliance with existing rules and regulations would reduce any potential impacts related to noise to a level of insignificance. Specific Mitigation and Implementation Measures (T /C -2 through T /C -9, IA -1 through IA -7) have been adopted by the Tustin City Council in certifying the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for temporary construction activities. Project bid and specification documents have included applicable provisions on these mitigation measures which will be monitored during construction by a project manager contracted for by the City's Public Works Department. Sources: Engineering and Design Plans for the Project Field Observation FEIS /EIR for Disposal and Reuse of MCAS Tustin (pages 3 -118 through 3- 142, 4 -139 through 4 -206 and 7 -32 through 7 -42) and Addendum (pages 5- 127 through 5 -147) MCAS Tustin Specific Plan/Reuse Plan (Pages 3 -35 through 3 -62, pages 3- 70 through 3 -81, pages 3 -82 through 3 -88, and pages 3 -104 through 3 -137) Final Supplemental #1 to FEIS /EIR Tustin General Plan XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 24 The FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum analyzed new off-site and on-site backbone utility systems required for development of the site as necessary to support the proposed retail development, including water, sewer, drainage, electricity, natural gas, telephone, cable television, and solid waste management. The FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum concluded that no utility capacity issues would occur from the ultimate buildout of Tustin Legacy, provided planned new infrastructure backbone was constructed when required for the Tustin Legacy project. The proposed project proposes to construct new public backbone utility services needed for future redevelopment at Tustin Legacy. When completed, dry and wet utility components (water, sewer, electricity, gas, etc.) will be supported by utility service that has been previously committed to and designed by the responsible public and private utility purveyors. The City has also planned for additional systems such as storm drainage, etc. Construction activities are required to comply with all FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum Implementation and Mitigation Measures (e.g., lane closures, street/utility construction, construction vehicle traffic, etc.) as identified in the approved Mitigation Monitoring and Reporting Program. With these Mitigation Measures in place, potential temporary construction impacts can be reduced to a level of insignificance. The proposed project, including the acquisition of right-of-way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, is within the scope of development considered with the analysis of the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum for MCAS Tustin. r1fitigationlMonitoring Required: The proposed p will only cause temporary construction related traffic and circulation impacts that can be mitigated through enforcing contractor compliance with existing rules and regulations would reduce any potential impacts related to noise to a level of insignificance. Specific Implementation Measures (Implementation Measures for Utilities (a) through (1)) have been adopted by the Tustin City Council in certifying the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum for temporary construction activities. Sources: Engineering and Design Plans for the Project Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3- 46, 4-32 through 4-55 and 7-20 through 7-21) and Addendum (pages 5-147 through 5-165) MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3- 70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) Final Supplemental #1 to FEIS/EIR Tustin General Plan Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 25 XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? The FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. The proposed project is within the scope of development considered with the analysis of the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. Therefore, no substantial change is expected from the analysis previously completed in the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin. With the enforcement of FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum mitigation and implementation measures approved by the Tustin City Council in the Mitigation Monitoring and Reporting Program (attached as Exhibit B) and their applicable incorporation into bid and specification documents for the project, the proposed project would not cause additional environmental impacts not covered by the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum for MCAS Tustin that will cause substantial effects on human beings either directly or indirectly nor degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. To address cumulative impacts, a Statement of Overriding Consideration for the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum was adopted by the Tustin City Council (Resolution Nos. 00 -90, 04 -77, 06 -43) for issues relating to air quality, aesthetics, cultural and paleontological resources, agricultural resources, and traffic/circulation. The proposed project, including the acquisition of right -of -way adjacent to the intersection of Tustin Ranch Road and Walnut Avenue, does not create any impacts that have not been previously addressed by the FEIS /EIR, Final Supplemental #1 to FEIS /EIR, and Addendum. Sources: Engineering and Design Plans for the Project Field Observations FEIS /EIR for Disposal and Reuse of MCAS Tustin (pages 5 -4 through 5 -11) Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 26 MCAS Tustin Specific Plan/Reuse Plan (Pages 3-35 through 3-62, pages 3- 70 through 3-81, pages 3-82 through 3-88, and pages 3-104 through 3-137) and Addendum Resolution Nos. 00-90, 04-77, and 06-43 Final Supplemental #1 to FEIS/EIR Tustin General Plan CONCLUSION The proposed project's effects were previously examined in the FEIS/EIR, Final Supplemental #1 to FEIS/EIR, and Addendum for MCAS Tustin. No new effects will occur, no substantial increase in the severity of previously identified significant effects will occur, no new mitigation measures will be required, no applicable mitigation measures previously not found to be feasible would in fact be feasible, and no new mitigation measures or alternatives applicable to the project that have not been considered are needed to substantially reduce effects of the project. A Mitigation and Monitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEIS/EIR, Final Supplemental #I to FEIS/EIR, and Addendum (Resolution Nos. 00-90, 44-77, and 06-43), and will apply to the proposed project. Applicable provisions have been incorporated into bid and specification documents to be monitored by the Public Works Department through a construction manager and also oversight were required by the Community Development Department. ATTACHMENT 2 Purchase Agreement for 2472 Chambers Road APN 432 - 471 -24 AGREEMENT TO PURCHASE A PORTION OF REAL PROPERTY AT 2472 CHAMBERS ROAD, TUSTIN, CALIFORNIA THIS AGREEMENT is entered into this day of , 20 by and among the City of Tustin, a municipal corporation (hereinafter "City"), and RESCO, a California Corporation (hereinafter "Seller"). RECITALS WHEREAS, Seller owns certain real property identified as assessor parcel number 432-471-24, located at 2472 Chambers Road in the City of Tustin, County of Orange, State of California ("Property"); and WHEREAS, Seller intends to convey to the City and the City intends to acquire certain property from Seller in-fee for Roadway Right-of-Way ("Right-of-Way") further described on the Legal Description and Plat Map attached hereto as Exhibit "A" for the purpose of constructing the extension of Tustin Ranch Road, a public improvement project ("Project"); and WHEREAS, the City is a municipal corporation formed and existing under the laws of the State of California. The City asserts that it has the power, under various provisions of California law, to acquire properties for public improvement projects, including through the power of eminent domain. The City has planned the Project and has sought to acquire property for the Project including the Right-of-Way. The City's acquisition of the Right-of-Way as set forth herein is under the threat of condemnation. NOW, THEREFORE, in view of the above-recitals and mutual promises and in consideration of the payment and other obligations set forth below, the parties mutually agree as follows: AGREEMENT Section 1. Agreement to Purchase and Sell; Execution and Delivery to Escrow Subject to the terms and conditions of this Agreement and for the consideration set forth herein, Seller agrees to sell and the City agrees to purchase from Seller the Right-of-Way as defined herein. No later than seven (7) business days following full execution of this Agreement by the parties ("Effective Date"), the City shall open an escrow in accordance with this Agreement at First American Title Insurance Company ("Escrow Holder") ("Open Escrow"), 2 First American Way, Santa Ana, California, 92707, Attention: Robert Benavente ("Escrow Officer"). This Agreement, along with Exhibits "A," "B," "C", "D", "E", "F", and "G" attached hereto, and incorporated herein, 793043.1 constitutes the joint escrow instructions of City and Seller to the Escrow Holder, which may be supplemented by Escrow Holders' form agreement. (Exhibit "B" is the Escrow Instructions, Exhibit "C" is the Non-Foreign Transferor Declaration, and Exhibit "D" is the Grant Deed). As soon as possible after opening of escrow, Seller shall execute the Temporary Construction Easement attached hereto as Exhibit "E" and incorporated herein by this reference, and shall deposit the Temporary Construction Easement with the Escrow Officer. Prior to the close of escrow, Seller shall complete and submit Exhibit "C" and "Y with the Escrow Officer. Subject to the conditions described in Section 8, City shall deposit into escrow the Purchase Price set forth in Section 2 below, payable to Seller. Section 2. Sale/Purchase of Property 2.1 The total purchase price for the Right-of-Way shall be Sixty Three Thousand Three Hundred Fifty Dollars ($63,350.00) ("Purchase Price"), which is specifically agreed by the parties to be the full amount of compensation due and owing to Seller for conveyance of the Right-of-Way to the City. Furthermore, Seller agrees to provide the City a Temporary Construction Easement, attached hereto as Exhibit "E", at no cost to the City, for the duration of the Project, commencing from the date this Agreement is signed, and terminating upon the City's full performance of its construction activities described in Paragraph 2.2 herein. 2.2 In addition to the Purchase Price agreed to herein, the City agrees to perform the following construction activities within the proposed Right-of-Way: (a) Remove and replace the entire shared driveway to facilitate an adequate slope gradient for vehicular access on the shared driveway; (b) Install five (5) foot sidewalk adjacent to the east side of the driveway noted in subdivision 2.2 (a) above; (c) Demolish, remove, relocate, and install the trash enclosure, located within the parking area just north of the Walnut Avenue shared driveway; (d) Remove three (3) feet of sod along the Walnut Avenue side of the building and install a three (3) foot gravel strip area adjacent to the building on Walnut Avenue; and (e) In lieu of a retaining wall at the back of the Right-of-Way along Walnut Avenue, the City will take the following actions within the "Lawn" area between the Right-of-Way along Walnut Avenue and the building located on the Property, as shown in Attachment "F" hereto and incorporated herein: (i) Remove four (4) additional trees along Walnut Avenue and replace the trees with six (6) 24-inch box Jacaranda trees; area; (ii) Re-grade approximately 4,880 square feet of landscape (iii) Remove sod and replace with 1- gallon star jasmine shrubs; (iv) Re-work the irrigation system; and (v) Provide a 90-day plant establishment period. 793043.1 2.3 Seller agrees and covenants that Title to the Right-of-Way shall be conveyed to the City free and clear of all rights, restrictions, easements, impediments, encumbrances, liens, assessments or other security interests of any kind (collectively, "Encumbrances"), and that Seller at Seller's expense shall take all actions necessary to remove any and all Encumbrances prior to, and as an express condition precedent to, the Close of Escrow, except as referenced in Section 2.4. 2.4 Taxes for the fiscal year in which the escrow closes shall be cleared and paid for in the manner required by Section 5086 of the Revenue and Taxation Code. As a deduction from the amount shown in Section 2.1, above, the City shall be authorized to pay any delinquent taxes due in any fiscal year, except the fiscal year in which this escrow closes, together with penalties and interest thereon. In the event the total amount of the delinquent taxes exceeds the amount shown in Section 2. 1, Seller agrees to pay all amounts owing that exceed the amount shown in Section 2.1, and the City shall not be obligated or liable for any amount in excess of the amount shown in Section 2.1. Section 3. Warranty Against Easements Not of Record To the current, actual knowledge of Seller, Seller warrants to City that as of the date of this Agreement and as of the date of Close of Escrow, Seller has not granted any unrecorded easements or licenses on the Property. Section 4. Warranty of No Governmental Action To the current, actual knowledge of Seller, Seller warrants that there is not now, and as of Close of Escrow, there will not be, any violation of any law, ordinance, rule, or administrative or judicial order affecting the Property, nor is there any judicial order affecting the Property, nor is there any condemnation, zoning change, or other proceeding or action (including legislative action) pending, threatened, or contemplated by any governmental body, except City, authority, or agency that will in any way affect the size or use of, improvements or construction on, or access to the ff e e Property by City. This warranty does not apply to governmental action where notice has not been provided to Seller. Section 5. Warranty Against Contracts Concerning Property To the current, actual knowledge of Seller, Seller warrants that as of the date of this Agreement and as of Close of Escrow, Seller has not entered into any contracts, leases, licenses, commitments, or undertakings respecting the Property, or for the performance of services on the Property, or for the use of the Property or any part of it or any agreement or contract of any kind pertaining to the Property by which City would become obligated or liable to anyone. 793043.1 Section 6. Warranty Against Violations To the current, actual knowledge of Seller, Seller warrants and represents that as of the date of this Agreement and as of Close of Escrow, Seller has no notice or knowledge of any violation of any statute, ordinance, regulation or administrative or judicial order or holding, whether or not appearing in public records, with respect to the Property or any improvements on the Property. Section 7. Environmental Compliance 7.1 Seller warrants and represents that, during the time in which Seller has owned the Property, neither Seller nor, to the current, actual knowledge of Seller, any third party, has used, generated, manufactured, produced, stored, discharged or disposed of, on, under, or about the Property or transported to or from the Property any hazardous materials, including without limitation, flammable materials, explosives, asbestos, radioactive materials, hazardous wastes, toxic substances, or related injurious materials, whether injurious by themselves or in combination with other materials. To the current, actual knowledge of Seller there is no proceeding or inquiry by any governmental authority, including without limitation, the California or Federal Environmental Protection Agency or the California State Department of Toxic Control, or state or regional water quality board, with respect to the presence of such hazardous materials on the Property or their migration from or to other property. The term "Hazardous Material" for purposes of this Agreement is defined as any substance whose nature and/or quality of existence, use, manufacture or effect, render it subject to Federal, state or local regulation, investigation, remediation or removal as potentially injurious to public health or welfare, including, but not limited to, any material or substance which is defined as "hazardous substance," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (Title 42 United States Code Sections 9601-9675); the Hazardous Materials Transportation Act, as amended (Title 49 United States Code Sections 1801-1819); the Resource Conservation and Recovery Act of 1976, as amended (Title 42 United States Code Section 6901-6992k); and any substance (i) defined as a "hazardous waste," "acutely hazardous waste," "restricted hazardous waste," or "extremely hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law; (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act); (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) asbestos; (vii) polychlorinated byphenyls; (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the 793043.1 California Code of Regulations, Chapter 20; (ix) designated as a "hazardous substance" Pursuant to Section 311 of the Clean Water Act, (33 U.S.C. Section 1317); and in the regulations adopted and publications promulgated under these laws. 7.2 Seller hereby agrees to indemnify, protect, hold harmless, and defend City, its council members, officers, employees, agents, from and against any and all loss, expense, damage and liability, including without limitation (1) all foreseeable and unforeseeable consequential damages, directly or indirectly arising from the use, generation, storage, or disposal of hazardous material on the Property by Seller, Seller's tenants, or other person using the Property with Seller's actual knowledge or consent; and (2) the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, regardless of whether such action is required before or after the Close of Escrow, but only to the extent that such liability is attributable, directly or indirectly, to the presence or use, generation, storage, release, threatened release, or disposal of hazardous materials by Seller, Seller's tenants, or other person using the Property with Seller's consent or actual knowledge that occurred while Seller owned the Property. Seller's indemnity shall survive Close of Escrow. Section 8. City's Obligations is Subject to Conditions City's obligation to perform this Agreement is subject to City's approval of the condition of title, described in Sections 8.1 and 8,2, City's approval of the condition of the Property described in Section 8.3, and no breach of representations, as described in Section 8.4. 8.1 First American Title Insurance Company shall be able to issue in favor of City an ALTA standard owner's Policy of title insurance dated as of Close of Escrow with liability not less than the purchase price, covering the Property, showing title to the Right-of-Way vested in City, and showing as exceptions only current general and special real property taxes, bonds and assessments not yet delinquent, and the exceptions to title that City has approved. 8.2 Promptly, upon opening of escrow, Escrow Holder shall furnish City with a title commitment for an ALTA title policy and legible copies of all documents reported as exceptions in it ("Title Documents"). City shall notify Seller and Escrow Holder in writing within ten (10) days after receipt of the title commitment and the Title Documents of City's disapproval of any exception in those documents. If any supplemental title commitment or supplemental Title Documents are submitted, then City shall notify Seller and Escrow Holder in writing within ten (10) days after City's receipt of such items, but not later than the date mutually agreed upon by the parties in writing for the Close of Escrow, of City's disapproval of any title exception set forth therein. Failure Of City to notify Seller and Escrow Holder in writing of City's disapproval of any title exceptions shall conclusively be considered as City's approval of same. If City disapproves any title matter referred to in this paragraph, then, at City's option, this 793043.1 Agreement and the escrow shall be canceled, and in such event all funds or other things deposited by City shall be returned to City immediately on demand, and City shall pay all title company and escrow charges. 8.3 City shall pay for a Property Condition Inspection by a competent inspector selected by the City. City's obligation to close escrow is contingent upon City's approval of the condition of the Property at its sole discretion, and Seller warrants that there shall be no material adverse change in the physical condition of the Property between the full execution of this Agreement and the Closing Date. 8.4 If there is a breach of any representation or warranty given by Seller pursuant to this Agreement that is discovered by City before Close of Escrow, then City may nevertheless elect to proceed to Close the Escrow, in which event City shall be deemed to have elected to waive such breach, or City may elect to terminate this Agreement and the escrow, in which event this Agreement shall be canceled. If this Agreement and the escrow are terminated by City's election under this paragraph, then all funds or other things deposited by City, if any, shall be returned to City immediately on demand, and Seller shall pay all title company and escrow charges. 8.5 Seller must have performed and complied with all covenants, agreements and conditions required by this Agreement to be performed or complied with by it before or on the Close of Escrow and Seller must not be in default thereof. Section 9. Warranties, Representations, and Covenants of Seller 9.1 To the best of Seller's knowledge, as of the date of this Agreement and as of Close of Escrow, there are no actions, suits, claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental City, domestic or foreign or will be pending against Seller regarding the use, operation, development, condition or improvement of the Property, or regarding any right, title or interest in the Property. 9.2 To the best of Seller's knowledge, there are no encroachments onto the Right-of-Way by improvements on any adjoining property, nor do any buildings or improvements located on the Right-of-Way encroach on other properties. 9.3 Until the Close of Escrow, Seller shall maintain the Property in good condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the property. 9.4 Until the Close of Escrow, Seller shall not do anything which would impair Seller's title to any of the real property. 9.5 All utilities, without limitation, including gas, electricity, water, sewage, and telephone, are available to the Property, and to the best of Seller's knowledge, all utilities are in good working order. 793043.1 9.6 To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach, any of the provisions of any bond, note, evidence of indebtedness, contract, lease, covenants, conditions and restriction, or other agreement or instrument to which Seller or Seller's Property may be bound. 9.7 Until the Close of Escrow, Seller shall, upon learning of any fact or condition that would cause any of the warranties and representations contained herein not to be true as of the Close of Escrow, immediately give written notice of such fact or condition to City. 9.8 Seller is the owner of the Property and has the full right, por, and authority to sell, convey, and transfer the Right-of-Way to City as provided herein we and to carry out Seller's obligations hereunder, 9.9 Neither Seller nor any related entity is the subject of a bankruptcy proceeding, and permission of a bankruptcy court is not necessary for Seller to transfer the Property as provided herein. Section 10. Fees The City shall pay all escrow, recording, and title insurance fees, if any, incurred in this transaction. Section 11. Escrow Unless extended by the mutual agreement of the parties, the escrow shall close within thirty (30) days after the Effective Date of this Agreement and shall be the date the Roadway Right-of-Way is recorded in the Recorder's Office for Orange County ("Close of Escrow"). Nothing stated in this Agreement is intended to dictate, preclude, or limit, in any way, the City's exercise of its discretion in determining whether or not to adopt a Resolution of Necessity. If a Resolution or Resolutions of Necessity are required and the City Council does not adopt the Resolution(s), this Agreement may, at the City's election, be deemed cancelled and of no force and effect, in which event both parties shall be released from any and all liability to each other of any sort or nature relating to this acquisition or the Project, and all amounts deposited in escrow by the City shall be returned forthwith to the City by the Escrow Holder. Prior to the Close of Escrow all contingencies set forth in this Agreement must be satisfied. If any of the contingencies set forth in this Agreement are not satisfied prior to the Close of Escrow, the parties may, by mutual . agreement, extend the escrow period or this Agreement may, at the City's election, be deemed cancelled and of no force and effect, in which event both parties shall be released from any and all liability to each other of any sort or nature relating to this acquisition of the Project, and all amounts deposited in escrow by the City shall be returned forthwith to the City by the Escrow Holder. A. The Escrow Holder may expend any or all monies payable under this 793043.1 Agreement and deposited into escrow to discharge any obligations which are liens upon the Property, including, but not limited to, those arising from judgments, assessments, delinquent taxes for other than the fiscal year in which the escrow closes, or debts secured by deeds of trust or mortgages, and/or to defray any other incidental costs to be borne by the City. The Escrow Holder shall release payment to Seller, return any credited amounts to the City, and record the Roadway Right-of-Way in the Recorder's Office for Orange County upon the Close of Escrow. Title to the Right-of-Way shall pass to the City immediately upon Close of Escrow. B. The parties agree to execute such additional documents as may be reasonably necessary to consummate the purchase and sale therein. Section 12. Threat of Condemnation Seller and City acknowledge that the purchase and sale of the Property has been negotiated under the threat of condemnation of the Right-of-Way by the City. In the event of Seller default, City's ability to perform is prejudiced. Accordingly, in the event the escrow fails to close by reason of a default by Seller, Seller agrees and will not dispute: A. That the public interest and necessity requires the acquisition of the Property, B. That the Seller waives any claim to severance damages and goodwill loss under any eminent domain proceedings commenced at any time hereafter by the City with respect to the Property. C. That the Seller waives any claim to any relocation assistance in any eminent domain proceedings commenced by the City with respect to the Property, D. That the Seller acknowledges that in waiving these claims they have not relied on any representations or statements made or said by City, its agents, attorneys or other representatives. Section 13. Attorneys' Fees If any party files an action or brings any Proceeding against the other arising from this Agreement, or is made a party to any action or proceeding brought by the Escrow Holder, then, as between City and Seller, the prevailing party shall be entitled to recover as an element of its costs of suit, and not as damages, reasonable attorneys' fees to be fixed by the court. The "prevailing party" shall be the party who is entitled to recover its costs of suit, whether or not the suit proceeds to final judgment. A party not entitled to recover its costs shall not recover attorneys' fees. No sum for attorneys' fees shall be included in calculating the amount of a judgment for purposes of deciding whether a party is entitled to its costs or attorneys' fees. 793043.1 Section 14. Loss or Damage to Improvements Loss or damage to the Property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Roadway Right -of -Way shall be at the risk of Seller. In the event that loss or damage to the real property or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Roadway Right - of -Way, City may elect to require that the Seller pay to City the proceeds of any policy of insurance which may become payable to Seller by reason thereof, or to permit such proceeds to be used for the restoration of the damage done, or to reduce the total price by an amount equal to the diminution in value of said Property by reason of such loss or damage or the amount of insurance payable to Seller, whichever is greater. Section 15. Permission to Enter on Premises Seller hereby grants to City, or its authorized agents, permission to enter upon the Property at all reasonable times prior to Close of Escrow for the purpose of making necessary or appropriate inspections. Section 16. Warranties to Survive Close of Escrow All warranties, covenants, and other obligations stated in this Agreement shall survive Close of Escrow. All warranties, covenants, and other obligations that the City discovers to be breached before tender of the deed, and that City either expressly waives or does not object to before such tender, shall not survive tender of the Grant Deed. Section 17. Binding on Successors Except as otherwise provided herein, this Agreement inures to the benefit of, and is binding on, the parties, their respective heirs, personal representatives, successors, and assigns. Section 18. Integration Clause This Agreement constitutes the entire agreement among the parties and supersedes all prior discussion, negotiations, and agreements whether oral or written. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by all of the parties before it will be effective. Section 19. No Representation Regarding Legal Effect of Document No representation, warranty, or recommendation is made by Seller or City or their respective agents, employees, or attorneys regarding the legal sufficiency, legal effect, or tax consequences of this Agreement or the transaction, and each signatory is advised to submit this Agreement to his or her respective attorney before signing it. '93043.1 Section 20. Counterparts This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. Section 21. Time is of the Essence Time is of the essence of this Agreement, and failure to comply with the time provisions of this Agreement shall be a material breach of this Agreement. Section 22. Full and Complete Settlement for Right-of-Way Seller hereby acknowledges that, upon Close of Escrow, the Purchase Price paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against City, by reason of or relating to City's acquisition of the Property and any dislocation of Seller from the Property, specifically including, but not limited to, the value of the Property, any and all claims in inverse condemnation and/or for pre- condemnation damages resulting from the City's acquisition of the Property, any and all loss of business goodwill or severance damages relating to the City's acquisition of the Property, and any and all relocation benefits that Seller may otherwise be entitled to, from, or relating to the City's acquisition of the Property, the nature of which is fully known by Seller and any and all other claim that Seller may have, whether or not specifically mentioned herein, relating directly or indirectly to the acquisition by City of the Property, including, but not limited to, the Temporary Construction Easement. Except as otherwise specifically reserved in this Agreement, and conditioned upon full performance of the rights, duties and obligations created by this Agreement, Seller and City, and each and all of their individual and collective agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation, severance damages, loss of goodwill, relocation assistance, interest, or any other claims for compensation whatsoever which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way relating to City's acquisition of the Property for a public purpose. Subject to the scope of claims for compensation released as described above, the terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. City and Seller hereby acknowledge that each has been advised by their respective attorney concerning, and is familiar with, the provisions of California Civil Code section 1542, which provides as follows: 793043.1 "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller's Initials City's Initials Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained may give rise to additional damage, loss, costs or expenses in the future. Seller also acknowledges that changes in law may occur in the future which may apply retroactively and may allow Seller to be entitled to further claims for damage, loss, costs or expenses which are presently unknown and unsuspected. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and except as otherwise limited in this Agreement, hereby expressly waives any and all rights which it may have under California Civil Code section 1542, or under any statute or common law or equitable principle of similar effect. This acknowledgment and release survives the Close of Escrow. Section 23. Notices Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other party or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, and addressed to the party for whom intended, as follows: If to Seller: RESCO Attn: Jim Biram, Principal 901 Dove Street, Suite 270 Newport Beach, CA 92660 '193043.1 With Copy To: If to City: City of Tustin Attn: Doug Anderson Transportation & Development Services Manager 300 Centennial Way Tustin, CA 92780 With Copy To: David Kendig Woodruff Spradlin & Smart 555 Anton Street, Suite 1200 Costa Mesa, CA 92626 Any party may from time to time, by written notice to the other, designate a different address, which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. Section 24. Default Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constitutes default under this Agreement. The injured party shall give written notice of default to the party in default, specifying the default complained of. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within fifteen (15) days from the date of the notice or such longer period if the non-defaulting party agrees in writing to a specified longer period of time. The injured party shall have the right to terminate this Agreement by written notice to the other party in the event of a default, which is not cured within the time set forth herein. Section 25. Entire Agreement This Agreement and its exhibits constitute the entire parties hereto pertaining to the subject matter hereof, and exclusive expression of the terms and conditions thereof. representations, negotiations and understanding of the partie s express or implied, are hereby superseded and merged herein. agreement between the the final, complete and All prior agreements, hereto, oral or written, 7193043.1 Section 26. Notice of Statutory Rights Seller shall be deemed to have received the notice of statutory rights as provided by Code of Civil Procedure section 1245.245 upon Close of Escrow. Section 27. Section Headings Section headings used in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose and will have no force or effect in the construction of this Agreement. Section 28. Severabillity If any provision of this Agreement or the application of such provision to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, then the remainder of this Agreement and the application of such remainder shall not be affected and shall be enforceable to the fullest extent permitted by law. Section 29. Authority Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terms of this Agreement. Section 30. Legal Conforming Use of Property As set forth in the letter dated August 9, 2011 and attached hereto as Exhibit "G", any nonconformity of the Property with respect to reduced setbacks and loss of parking space that was created as a result of the acquisition of the Right-of-Way by the City shall be considered a legal conforming use until the time of future development of the Property and as long as the Property remains within the City's specific plan so long as the use, building or structure does not create a nuisance or is not a threat to the health, welfare or well being of City residents. This provision, however, is not intended to and in no way limits or commits future actions of the City Council with respect to the legal conforming status of the Property. i93043.1 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. CITY OF TUSTIN Date: 0 ATTEST: Pamela Stoker City Clerk Date: David Kendig City Attorney MMW. A- 0 793043.1 ANUMMIT-1 Legal Description of Property RBF Consulting 14725 Alton Parkway Irvine, California 92618 EXHIBIT "All LEGAL DESCRIPTION WALNUT AVENUE RIGHT-OF-WAY DEDICATION APN 432-471-24 September 30, 2011 JN 10-107351 Page I of I That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Parcel I of Parcel Map No. 86-201 as shown on a map thereof filed in Book 214, Pages 24 and 25 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: BEGINNING at the westerly comer of said Parcel 1; thence along the southwesterly line of said parcel South 32'40'32" East 159.84 feet to the southerly comer of said parcel, said point being a point of cusp with a curve concave northeasterly and having a radius of 150.00 feet, a radial line of said curve from said point bears North 57'19'28" East; thence along said curve northwesterly 18.33 feet through a central angle of 07'00'09"; thence tangent from said curve North 25'40'23" West 63.12 feet to the beginning of a tangent curve concave southwesterly and having a radius of 159.00 feet, the northwesterly terminus of said curve being tangent to a line parallel with and 10.00 feet northeasterly of said southwesterly line of Parcel 1; thence along said curve northwesterly 19.43 feet through a central angle of 0700 to said point of tangency; thence along said parallel line, tangent from said curve North 32 West 59.52 feet to the northwesterly line of said Parcel 1; thence along said northwesterly line South 57'19'28" West 10.00 feet to the POINT OF BEGINNING. CONTAINING: 1099 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. EXHIBIT "B" attached and by this reference made a part hereof. KURT R. TROXELL ' Kurt R. tr6xell,TS'7854 Date 7854 OF C W1pdata\1 0 10735 1 'Adiiiin�Legals\TRR-Walntit\7351 • LGL-0 I -RW.docx / / / 61 � / / / / / PARC ^.`.�L 2 \ \ \ \ \ P DATA TABLE V�UJ __________________________________ � BRNG/DELTA RADIUS LENGTH 1 07 150.00' 18.33' 2 N25`40'23 -- 63.12' J 07 159.00` 19.43' 4 N32 -- 59.52' PA�J[`E| �\� No, A�_�(l1 _ ___ � '^,^ ," �`�^ \ �\ " L. Cum,cn PARCEL . \ ` \ ` \ _ \ if \ . \ \ ( \ � �� �� ���/7_^�c� ' ^'^^~'�'-`/�^, � �u �����| � ',,,`c'��~ , \ " . E - -,_SILY CORNER LEGAL DESCRPMN FOR SHEET I OF I SHEET WALNUT AVENUE OrSIGN 0 CONSTRUCTION RIGHT-OF-WAY DEDICATION APN 432-471-24 fWF SEPTEMBER 30, 2011 J.N, 10�1073511 Escrow Instructions Escrow Instructions 1. Escrow City and Seller agree to open escrow in accordance with Section 2 of this Agreement. This Agreement constitutes the joint escrow instructions of City and Seller, and Escrow Agent to whom these escrow instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. As soon as possible after open of escrow, Seller will execute the Grant Deed attached to this Agreement as Exhibit "D and deposit the executed deed with Escrow Agent on City's behalf. City agrees to deposit the purchase price upon demand of Escrow Agent. City and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. Insurance policies for fire or casualty are not to be transferred, and Seller will cancel Seller's own policies after Close of Escrow. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 2. Escrow Agent Is Authorized and is Instructed to Comply with the Following Tax Adjustment Procedure: A. Pay and charge Seller for any unpaid delinquent taxes and /or penalties and interest thereon, and for any delinquent or non - delinquent assessments or bonds against the Property. B. In the event this escrow closes between July 1 and November 1, and the current tax information is not available from title insurer, Escrow Agent is instructed to withhold from Seller's proceeds an amount equal to 120% of the prorated amount due based upon the previous fiscal year's second half tax bill. At such time that the tax information is available, Escrow Agent shall make a check payable to the County Tax Collector for Seller's prorated portion of taxes and forward same to the City and shall refund any difference to the Seller. In the event the amount withheld is not sufficient to pay Seller's prorated portion of taxes due, the Seller herein agrees to immediately pay the difference. In the event said tax information is available, Seller's taxes shall be prorated in accordance with paragraph "C" below. C. From the date that tax information is available, as per paragraph "8," up to and including June 30 Seller's current taxes, if unpaid, shall be prorated to date of Close of Escrow on the basis of a 365 day year in accordance with Tax Collector's proration requirements, together with penalties and interest, if said current taxes are unpaid after December 10 and /or April 10, At Close of Escrow, check payable to the County Tax Collector for Seller's pro -rata portion of taxes shall be forwarded to City with closing statement. D. Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between City and Seller, but Seller shall have the sole right, after Close of Escrow, to apply to the County Tax Collector of said county for refund. This refund would apply to the period after City's acquisition, pursuant to Revenue and Taxation Code Section 5096.7. 3. Escrow Agent is Authorized to and Shall: A. Pay and charge Seller for 50% of escrow fees and closing costs and any amount necessary to place title in the condition necessary to satisfy this Agreement. B. Pay and charge City for 50% of escrow fees and closing costs payable under this Agreement. C. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by City and Seller. The Term CClose of Escrow", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. 4. Time is of the Essence in these Instructions and Escrow is to Close as Soon as Possible If (except for deposit of money by City, which shall be made by City upon within thirty (30) days from date of these instructions, an demand of Escrow Agent before close of escrow) this escrow is not in condition to close complied with these instructions may, in writing, demand the eturn of their money fully a property; but if none have complied, no demand for return thereof shall be recognized until five (5) days after Escrow Agent shall have mailed copies of such de other parties at the respective addresses shown in these escrow instructions mand to all , and if any objections are raised within said five (5) day period, Escrow Agent is authorized to hold all papers and documents until instructed by a court of competent jurisdiction or mutual instructions. If no demands are made, Escrow Agent shall proceed with closing of this escrow as soon as possible. 5. Nan- Foreion Transferor Declaration Seiler shall have completed and submitted to Escrow Agent, who shall provide an executed copy to City, the Non - Foreign Transferor Declaration in the form attached hereto as Exhibit "C ", certifying that withholding of tax is not required. 6. Closing Statement Seller instructs Escrow Agent to release a copy of Seller's statement to City; the purpose is to ascertain if any reimbursements are due Seller. Non - Foreign Transferor Declaration EXHIBIT "C" Non-Foreign Transferor Declaration Section 1445 of the Internal Revenue Code of 1954, as amended ("Code"), provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by _ undersigned hereby certifies the following: (the Transferor), the 1. The Transferor is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); 2. The Transferor's U.S. employer identification number or social security number are and 3. The Transferor's office address or mailing address is: The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by the Transferee- and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalty of perjury we declare that we have examined this Certification and to the best of our knowledge and belief it is true, correct, and complete, and further declare that we have authority to sign this document on behalf of the Transferor. S.S. No. Date: Form of Grant Deed Order No. Escrow No. Loan No. APN No. WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENTS TO: City of Tustin City Clerk 300 Centennial Way Tustin, CA 92780 Exempt from recording fee per Government Code §§ 6103 and 27383 Documentary Transfer Tax Exempt per Rev. & Tax. Code Section 11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ ........Computed on the consideration or value of property conveyed; OR ........ Computed on the consideration or value less liens or encumbrances remaining at time of sale. Name Signature of Declarant or Agency determining tax — Firm FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT (S) to the City of Tustin, a political subdivision of the State of California, organized and existing under and by virtue of the laws of the State of California the real property in the City of Tustin, County of Orange, State of California, described in Exhibit A, Legal Description, and shown on the accompanying plat GRANTOR Dated STATE OF CALIFORNIA ) } ss COUNTY OF ORANGE } By: Name: Title: On before me, {name of notary public) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and who acknowledged to me that he /she /they executed the same in their authorized capacity(ies), and by hislherltheir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. (Signature of Notary) (This area for official notary seal) 720532.1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed to the City of Tustin by the foregoing Grant Deed, which is dated , and executed by (Grantor) is hereby accepted by the undersigned pursuant to authority conferred by Resolution No. 95-39, dated April 3, 1995. The City of Tustin, as Grantee, consents to recordation of said Grant Deed. Dated: I Name: Title: Approved as to form: City Attorney 720532.1 ANWINNO Temporary Construction Easement Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: City of Tustin City Clerk 300 Centennial Way Tustin, CA 92780 Govt. Exemption Code 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE Agreement for Temporary Construction Easement (TCE) The undersigned real property owner hereby grants to the City of Tustin, a Municipal Corporation, its contractors, agents, representatives and assigns the right to enter upon a portion of the property known as: Address: 2472 Chambers Road, Tustin, CA 92780 Assessor Parcel Number: 432-471-24 The legal description of the property subject to the Temporary Construction Easement is shown on the enclosed Exhibit "A" and Exhibit "B". Buyer agrees to pay Seller the sum of $0.00 for said (TCE). It is understood that the City and its contractors will indemnify, defend and hold the undersigned harmless from any and all liability for bodily injury, death and property damage arising out of or in any way connected with the City's entry on and use of the above reference property, and reimburse the undersigned for all costs, expenses and loss, including attorney's fees, incurred by it in consequence of any claims, demands and causes of action which may be made or brought against it arising out of the City's entry on and use of the above reference property. In the event that the property is disturbed for any reason, it will be returned to its pre-existing condition, at the sole expense of the City or the City's contractor. This (TCE) shall be valid for the period of project duration commencing on the effective date of the beginning of construction, as notified by the general contractor, and shall terminate upon completion of construction. It is understood and agreed between the parties hereto that the completion of this transaction is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Buyer constitute said acceptance and approval. The term, conditions, covenants, and agreements set forth shall apply to and bind the heirs, executors, administrators, assigns, and successors of the parties hereto. THIS AGREEMENT contains the entire agreement between the parties and neither Party relies upon any warranty or representation not contained in this agreement. S:\Templates\Boiler Plates & Forms\Temp Construction Easement Ldoc IN WITNESS WHEREOF, the parties hereto have executed this agreement on this _ day of and as set forth hereinabove. MAILING ADDRESS OF SELLER SELLER go MAILING ADDRESS OF BUYER 300 CENTENNIAL WAY TUSTIN, CA 92780-3715 Dated STATE OF CALIFORNIA ) ss. COUNTY OF [Ti personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal. L- BUYER CITY OF TUSTIN, A MUNICIPAL CORPORATION MR ITS: Signature (This area for official notary seal) RBF Consulting 14725 Alton Parkway Irvine, California 92618 EXHIBIT "A" LEGAL DESCRIPTION WALNUT AVENUE TEMPORARY CONSTRUCTION EASEMENT APN 432-471-24 September 30, 2011 JN 10-107351 Page I of I That certain parcel of land situated in the City of Tustin, County of Orange, State of California, being that portion of Parcel I of Parcel Map No. 86-201 as shown on a map thereof filed in Book 214, Pages 24 and 25 of Parcel Maps in the Office of the County Recorder of said Orange County, described as follows: COMMENCING at the westerly comer of said Parcel 1; thence along the southwesterly line of said parcel South 32'40'32" East 159.84 feet to the southerly comer of said parcel, said point being a point of cusp with a curve concave northeasterly and having a radius of 150.00 feet, a radial line of said curve from said point bears North 57 East, said point also being the TRUE POINT OF BEGINNING; thence along said curve northwesterly 18.33 feet through a central angle of 07 thence tangent from said curve North 25'40'23" West 63.12 feet to the beginning of a tangent curve concave southwesterly and having a radius of 159.00 feet, the northwesterly terminus of said curve being tangent to a line parallel with and 10.00 feet northeasterly of said southwesterly line of Parcel 1; thence along said curve northwesterly 19.43 feet through a central angle of 07'00'09" to said point of tangency; thence along said parallel line, tangent from said curve North 32'40'32" West 59.52 feet to the northwesterly line of said Parcel 1; thence along said northwesterly line North 57'19'28" East 66.45 feet; thence leaving said northwesterly line South 32'40'32" East 47.00 feet; thence South 5719'28" West 47.45 feet; thence South 32'40'32" East 112.84 feet to the southeasterly line of said Parcel I; thence along said southeasterly line South 57 °19'25" West 29.00 feet to the TRUE POINT OF BEGINNING, CONTAINING: 5766 Square Feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record, EXHIBIT "B" attached and by this reference made a part hereof. LAND KURT R. 0 lo Zell TROXELL /I le Art R. Troxell, L.S. 7854 Dat 7854 (P li:' pdata' ga1s\TRR-W31nun7351-LGL-01 TCE.docx 4" OF CA / DATA TABLE --------------- - - - - -- - - -- �9, N0. BRNG /DELTA RADIUS LENGTH -------------------- �'1 1 07 ° 00'09" 150.00' 18.33' 2 N25 ° 40'23 "W -- 63.12' 3 07 0 00'09" 159.00' 19.43' ����.�►� �" 4 N32'40'32 "W 59.52' 5 N57'19'28 "E -- 66.45' 6 S32'40'32 "E -- 47.00' 7 S57'19'28 "W -- 47.45' 8 S32' 40' 32 "E -- 112.84' \�44- �� 9 S57'19'28 "W -- 29.00' PARCEL 2 PARCEL MAP NO, 86-201 P.O.C. W'LY CORNER \ N 4- PARCEL 1 L �+ t\ ✓i R,M.3. 2 1 4124 -25 o moo. °s PA RC E L 1 G� qe 4, � 2 9 EXHIBIT "B " < S'LY CORNER SI ETM TOA =MPAWA PARCEL 1 LE{3AL DESCRIPTION FOR WALNUT AVENUE SHEET 10F 1 SHEET 6� tV" PI.ANNiNp ! pEl,ON ! CON lTq UCTION TEMPORARY CONSTRUCTION EASEMENT N 432 - 47'24 ■ ■ ■ '4725 ALTCN PARKWAY PVMB. CAL,FCFM 92616-2027 CONSULTING 9484723505 . PAX 949,4728373 . w RW cm CONTAINING; 5768 SQ. FT. SEPTEMBER 30, tot i J.N. 10- 107351 __. ,_._- I..- ....,.ice,.. i`- — \'J0r- tX- Ul- lLLUWG SHARRIS 9/30/11 3:56 Pm Acquisition Area, Lawn Area, and Building Location Exhibit A C«,Crete Trash Sign L awn awr, Walnut Avenue —1 Acquisition Area E LIIXiARD AND ASSOCIATES APPRAISERS- Cc)NStJL L'A NTS EXHIBIT G City Letter of August 9, 2011 Regarding Status of Property Relating to City's Acquisition for Public Right -of -Way Purposes Community Development Department August 9, 2011 Jim Biram, Principal RESCO 901 Dove Street, Suite 270 Newport Beach, California 92660 TusriN HISTORY BUILDING OUR FUTURE HONORING OUR PAST SUBJECT: STATUS OF PROPERTY AT 2472 CHAMBERS ROAD, APN 432-471-24 Dear Mr. Birarn: This letter is in response to your inquiry regarding the status of your property as it relates to the City of Tustin's acquisition for public right-of-way purposes. It is our understanding that you have been working with the City of Tustin's Public Works Department and that your property is involved in a right-of-way acquisition which may subsequently result in a building setback along Walnut Avenue that is less than the allowable area permitted by the Zoning Code and that will reduce the existing parking by two spaces. Please note that Tustin City Code Section 9273(e) states: (e) Any use of land, building, or structure which is legal and conforming to all provisions of this Zoning Code, as of the date of adoption of this "Ordinance," and made "non- conforming" either in design or arrangement due to acquisition of public right-of-way by the City, shall be exempt from a nonconforming status and the provisions of Section 9273, Nonconforming Structures and Uses, unless it is established by the Department of Community Development that such use, building or structure creates a nuisance or is a threat to the health, welfare or well being of City residents. Said another way, if your use of land, building or structure, or parking area is legal and conforming to all provisions of the Zoning Code, any nonconformity (e.g. reduced setback, reduction in number of parking spaces, etc.) created as a result of a public right-of-way taking shall be considered conforming, unless the use, building or structure, or parking area creates a nuisance or is a threat to the health, welfare or well being of City residents. Should you have any questions regarding this matter, please do not hesitate to call me at (714) 573-3031 or Dana Ogdon at (714) 573-3109. Sincerely, Elizabeth A. Bmsack Community Development Director cc: Doug Anderson, Public Works Department Dana Ogdon, Assistant Community Development Director 300 Centennial Way, Tustin, CA 92730 • P: (714) 573-3100 • F. i7fj) 57111 12 a —.-- --- -- - - - ATTACHMENT Location Exhibit