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HomeMy WebLinkAboutCC RES 12-39RESOLUTION NO. 12-39 A RESOLUTION • THE CITY COUNCIL • THE CITY • TUSTIN, CALIFORNIA, FINDING THAT THE ACQUISITION OF A PORTION OF ASSESSOR'S PARCEL NO. 432-491- 34 WAS CONSIDERED IN THE FINAL PROGRAM ENVIRONMENTAL IMPACT STATEMENT/ ENVIRONMENTAL IMPACT REPORT (FEIS/EIR) FOR THE DISPOSAL AND REUSE OF MARINE CORPS AIR STATION TUSTIN, FINAL SUPPLEMENT #1, AND ADDENDUM, AND APPROVING THE PURCHASE AGREEMENT WHEREAS, the acquisition of a portion of Assessor's Parcel No. 432-491-34 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 18, 2001, the City of Tustin certified the Final Program Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December 6, 2004, the City Council certified a Supplement #1 to the FEIS/EIR for the Tustin Ranch Road project. On April 3, 2006, the City Council approved an Addendum to the FEIS/EIR. The FEIS/EIR, its Supplement #1, and Addendum one are collectively, herein referred to as the "FEIS/EIR Documents". The FEIS/EIR Documents are a program EIR under the California Environmental Quality Act (CEQA). The FEIS/EIR 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. 432-491-34 Attached, as Exhibit "A" hereto. The Environmental Checklist concluded that the proposed acquisition of property does not result in any new significant environmental impacts, substantial changes, or a substantial increase in the severity of any previously identified significant impacts in the FEIS/EIR Documents. Moreover, no new information of substantial importance has surfaced since certification of the FEIS/EIR Documents; and WHEREAS, State law authorizes the City to acquire the property for the above stated purpose; and WHEREAS, the owners of Assessor Parcel No. 432-481-34 have executed the Purchase Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin, as follows: Resolution 12-39 Page 1 of 3 1. ENVIRONMENTAL FINDING The City Council finds that the acquisition of a portion of Assessor Parcel No. 432-491-34 is within the scope of the previously approved Program FEIS/EIR Documents and that pursuant to Title 14 California Code of Regulations Sections 15168 (c) and 15162, no new effects could occur and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. 2. PUBLIC USE The public use to which a portion of Assessor Parcel No. 432-491-34 is needed is for the extension of Tustin Ranch Road between Warner Avenue and Walnut Avenue within the City of Tustin. 3. DESCRIPTION OF PROPERTY AND EXTENT OF PROPERTY TO BE ACQUIRED The property to be acquired is described as a portion of Assessor Parcel Map No. 432-491-34, its address being 2472 Walnut Avenue, 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. 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. Resolution 12-39 Page 2 of 3 The City Manager is hereby authorized to expend funds available to the City of Tustin for the acquisition of real property described herein. 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 by the City Council of the City of Tustin at a regular meeting on the 1 st day of May, 2012. ATTEST: PAM LA TOKER, bn City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE SS CITY OF TUSTIN 1, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 12-39 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 1 5t day of May 2012 by the following vote: COUNCILMEMBER AYES: Nielsen, Murray, Amante, Gomez (4) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: Gavello (1) PAMELA STOKER, City Clerk Resolution 12-39 Page 3 of 3 Exhibit "A" COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573 -3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Environmental Impact Statement/Environmental Impact Report (EIS /EIR) for the Disposal and Reuse of Marine Corps Air Station (1vICAS) 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 FEISlEIR approved in December 6, 2004, and Addendum approved by the City Council on April 3, 2006. 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 ❑Hazards and Hazardous Materials ❑Noise ❑Public Services ❑Utilities and Service Systems ❑Aesthetics ❑Cultural Resources ❑Recreation ❑Mandatory Findings of Significance C. DETERMINATION: 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- Scott Reekstin, Senior Planner Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS Date 01-05-2012 See Attachment A attached to this Checklist EVALUATION OF ENVIRONMENTAL IMPACTS If. 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? FI b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? YVo Substantial c) Involve other changes in the existing environment which, Mew More Change From I. - AESTHETICS — Would the project: Significant Impact Severe Impacts Previous .4nalvsis 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'? F1 ❑ d) Create a new source of substantial light or glare which would adversely atYect day or nighttime views in the area? r_1 If. 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? FI 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? 111. AIR OUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations'? ❑ e) Create objectionable odors affecting a substantial number of people? 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? t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan'? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries'? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Mo Substantial Mew , Vfore Change From Significant Severe Previous Impact Impacts .4nalvsis ❑ ❑ El ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ 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? t) 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 Mew Allore Change From Significant Severe Previous Impact Impacts �lnalysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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 tires, 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 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows'? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING — Would the project: a) Physically divide an established community? 7 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ No Sithstantial 1�ew More Change From Significant Severe Previous Impact Impacts - tnalvsis ❑ ❑ 7 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ ❑ 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? 0 For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Substantial New Afore Change From Significant Severe Previous Impact Impacts - lnalysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ D ❑ o ❑ ❑ ❑ 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 protectiod? Police protection? Schools'? Parks? Other public facilities? E Xo Substantial New More Change From Significant Severe Previous Imp c) Displace substantial numbers of people, necessitating the act — Impacts — ,'4nalvsis construction of replacement housing elsewhere? 7 ❑ Z 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 protectiod? 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? ❑ E Z ❑ ❑ Z Z ❑ Z Z 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? ❑ E Z ❑ ❑ Z r - 1 Z Z ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board'? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects'? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs'? g) Comply with federal, state, and local statutes and regulations related to solid waste'? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory'? b) Does the project have impacts that are individually 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'? Yo Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ z ❑ ❑ ❑ ❑ 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 DOCUMENTATION 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 PRO JECT 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 till material. Most of this fill 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 grasses 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. AlitigationlMonitoring 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 PlaniReuse 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 IL 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. Mitigati©ru ?Monitoring 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 (PM,o), 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 FEIR/EIS, 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. 11itigationiMonitoring 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 through 153, 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 #I 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. 1lditigationlMonitoring 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 -1 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/ER 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 , 1 11itigationlVonitoring 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 -I 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 I8-1 -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 41 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. MitigatioWMonitoring 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. MitigationlMonitoring 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 f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? 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 FEIS /EIR, 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 pen 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. ,VfitigationlMonitoring 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/EIF, 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 #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. MitigationJMonitoring 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. MitigatioWMonitoring 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) ACAS 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 #1 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. MitigationlAfonitoring 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 -101 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 VIII. 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. Mitigationl,Vonitoring 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/EIR, and Addendum for MCAS Tustin. ,11itigation/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 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 9331 d (1) (b) Final Supplemental #1 to FEIS/EfR Tustin General Plan Evaluation of Environmental Impacts Tustin Ranch Road Extension Page 22 YW. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 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 traffic, 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. MitigatiotvMonitoring 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 /G2 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. Mitigation/Monitoring 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 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 XVIL 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 41 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 41 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/EK 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 5-1 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, 0477, 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 Walnut Avenue APN 432- 491 -34 THIS AGREEMENT TO PURCHASE A PORTION OF THE REAL PROPERTY AT 2472 WALNUT AVENUE, TUSTIN, CALjFORNiA ("Agreeme�nr) is entered i thi - day • April, 2012, by and among the City of Tustin, a municipal corporation (hereinafter "City77 or "Buyef"), and Crossroad Church, a California corporation (hereinafter "Seller"), WHEREAS, Seller owns certai real property identified as Orange count Assessor Pardel Number 432491-34, located at 2472 Walnut Avenue in the City of Tustin, County of Orange, State of California ("Ptoperto; and of and t e M NOVI� THEREPORE, in view of the above-recitals and mutual Promises and in consideration of the payment and bth,��r obligations set forth below the parties mutually agree as follows: Section I. 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 to the City, and the City agrees to purchase from Seller the Right-of�Way. • later than three (3) business days following full execution of this Agreement by the parties ("Effective Date" the Ci ity shall open an escrow OG504686v2 0r111r I Section 2. Sale/Purchase of Right-of-Way 23 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 -® 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, © extended by mutual agreement of the parties, the © shall close thirty (3 0) days following the openi w ng of Escro and shall be the date the Grant \ Ded is -2- OC7504696Q recorded in the Office of the County Recorder of Orange County, California ( "Close of Escrow ") Section 4. Seller's Representations knowledge, there are no pending lawsuits, causes of action, arbitrations, written governmental g . governmental inquiries, or other legal or administrative es affect the Right-of-Way or Seller's ability to perform here- (c) Seller is not a Party to any leases that pertain to the Right-of-Way, or a party to any contracts or agreements that are binding on or Way and will survive the Close of Escrow. 19 Section 5. Disclaimer of Further Representations .._ , C, Si AWv ( "'504686v2 A. Seller waives any and all rights or benefits arising from andlor related ta the Buyees acquisition of the Right-of-Miy and as pertaining to this Agreement, possession and/or use of the Right-of-Way that they may have under section 1542 of the Civil Code of the State of California which "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her 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 represents and warrants that he/she/it understand the effect Of this Waiver of section 1542 and have had the -5- °=11=` opportunit t o discuss the effect of this waiver wi cou of 2 «rchoice )erg s "A genera release n ex ° «cla c reditor « #!< < «i\ :. ° © : » <ylc: a: o h know .... ,.: .. time %<«,» . .. >e > release w..h if k by him or her must have material affec §« or her :etl w»»h debtor � a e: Bu yer's In itials: -ƒ- (X'/504686v2 Section 7. Definitions For purposes of this Agreement, the following terms shall have the following meanings: (a) "Environmental Claim" means any claim made, asserted or prosecuted by or on behalf of any third party, including without limitation, any governmental entity, employee, former employee, or their respective legal representatives, heirs, beneficiaries and estates, relating to the Right-of-Way or their operations and arising or alleged to arise under any Environmental Law, (c) "Environmental Compliance Cost means any cost or expense of any nature whatsoever necessary to enable the Right-of-Way to comply with all applicable Environmental Laws in effect. 'Environmental Compliance Cost" shall include all costs necessary to demonstrate that the Right-of�� is capable • such compliance, -7- (k'/5fU'4686Q Notwithstanding any other provision of this Agreement, Buyer's release as set forth in the provisions of Section 6, above, as well as all provisions of Sections 5, 7 and 8, shall survive the Close of SELLER'S ' I ' 1. Section 9. Conditions to City's a o s described City's obligation to perform this Agreement is subject to City's approval of the condition of title, described in Sections 9.1 and 9,2, City's approval of the condition of 'the Right-of-Way In Section 9,3, and no breach Of representations, as American described in Section 9A, _ Company shall be able to issue in favor o f City an ALTA standard owner's policy of titl , - insurance of Nability not less than the purchase price, c , - • In City upon the recording of the Grant Deed, and showing as )(' ?504686v2 exceptions; only ®- general and special real PrOPerty taxes, bonds and assessments not yet delinquent, 2<d- ® exceptions to title that City has approved. Section 10. Conditions to Seller's Obligations Covenants of Seiler 10.1 The obligations of Seller under this Agreement shall be subject to the satisfaction or written waiver, in whole or in part, by Seller of each of the following conditions precedent (-)C/504686v2 (a) Escrow ©® holds °n° before the Close of Escrow and will deliver to Seller the instruments and funds accruing to yell to this Agreement; and (b) Buyer shall not be in material de& ult of any term or condition of this Agreement and shall have made all deliveries required by this Agreement, SOctilonli. Closing Funds and Documents Required from Seller and CItj (a) The Purchase Price plus all other costs and expenses chargeatil to the City hereunder, and (b) Such funds and other items and instruments as may be necessa in order for Escrow Holder to comply with this Agreement, 00104686v2 UI /50468662 12.2 The parties agree to execute such adonal documents as may be reasonably necessary • consummate the purchase and sale therein. -12- X/50468&2 information; and Ov) to retain this Agreement for at least four (4) years following the close of the calendar year in which the Close of Escrow occurs. A. That the public interest and necessity require the acquisition of the Right- of-Way; B. That Seller any claim to severance damages and goodwill loss under any eminent domain proceedings commenced at any time hereafter by the Buyer with respect to the Right-of-Way; C. That the Seller waives any claim to any relocation assistance in any eminent domain proceedings commenced by the Buyer with respect to the Right-of- Way, and D That the Seller acknowledges that in waiving these claims they have not relied on any representations • statements made or said by the Buyer, its agents, attorneys or other representatives. Section 15. Attorneys' Fees -13- OC!504686Y2 OC1504686v2 -1-11 � M��: Except as otherwise provid» «»!e © this Ageeme inures to the benefit of, and is binding ®: the parties, their respective heirs, personal representatives, successors, and assigns. Tzl!ii 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. me 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- f-wal Seller, its successors and assigns hereby acknowledge that, upon Close of Escrow, the Purchase Price paid to Seller through this Agreement constitutes the full and complete settlement and full and fair compensation for any and all claims against , )C/504686Y2 Crossroad Church © David Powell, Senior Pastor 2472 Walnut Avenue Tustin, CA 92780 With Copy To: Charles W . Hurst Sedgwick 3 Park Plaza, 1'7 Floor Irvine, CA 92614 If to City: City of Tustin Attn: Doug Anderson 300 Centennial Way Tustin, CA 92780 With Copy To- David Kendig Woodruff 20:7«2© & Smart 555 Anton Street, Suite 1200 Costa Mesa, CA 92626 -16- 00504686v2 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 as aforesaid, the same shall be deemed fully delivered and received upon actual receipt, or refusal of delivery. Section 24. Default Section 26. Notice of Statutory Righl 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, 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� 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. -17- �)U504686Q tm IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below, CITY OF TUSTIN M Date: MM Pamela Stoker City Clerk M • ()C/504686v2 mm"m m 0 m Date: By. Its Date: FIRST AMERICAN TITLE COMPANY "Escrow Holder" Im U504686v2 ocill, I WAR OC/504686v2 853715.1 RB mimm APSI 20,03 �' fft , 1 . 507 JNjG404 Page I gf U` 432 - SVR ;zcT , . r o oil M aftc and by X L& 71 _._ AM S53715.1 CONUMMi 4,999 mT s A7 �g JI ze M I a Y I LIA Noy 5-3 DATA Y LA Nc% s- 1 % *43 W 40.x* x'40'3 ,7,43' -- 8_nill GRANT DEED -24- 853715,1 it • i i 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. Signature of Declarant or Agency determining tax — Firm Name G0 0:847 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CROSSROAD CHURCH (formerly FIRST BAPTIST CHURCH OF IRVINE) hereby GRANTS to THE CITY OF TUSTIN, A MUNICIPAL CORPORATION, that certain real property in the County of Orange, State of California, as more particularly described and depicted in Exhibit A attached hereto and incorporated herein by this reference, subject to matters of record. CROSSROAD CHURCH Dated: Dated: By: Name: Title: By: -I- Name: Title: 853715.1 STATE OF CALIFORNIA COUNTY OF SS. On before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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 paragraph is true and correct. Witness my hand and official seal. Notary Public [SEAL] -2- 853715.1 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 CROSSROAD CHURCH (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: , Name: Title: Approved as to form: City Attorney -3- 853715.1 EXHIBIT "A" TO GRANT DEED RBF coasultwg 14725 Mom Parkway Revised April 25, 2008 November 21, 2007 EXHIBIT "A" JN 10-104755 Page I of I 03�� Mm TUSTUq RANCH ROAD AAi That certain parcel of land situated in the City of e Tusti C oun t y of orange, S tate Cali being that portion of Parcel tate ali rnia, 1 Of City Of Tustin Lot Line Adjustment No. 85-3 recorded December 18, 1985 as instrument No, 85.5 :S9 o f offi Records in the Office of the County Recorder of said Orange County described as follo SUWECT TO all Covenants, Rights, Rights -of- -Way and Easements of R ecor d . EXHIBrr "S" attached and by this reference made a part hereof. Kurt R. Troxetl, L.S. 7854 H*.t pftmk101o475$%Admi 853755.1 LLA No. 85-3 INST, NO. 85-506459, 0,R. DATA TABLE BMQ/DELTA RADIUS LEMTH S57'19'28"'N - 50.00' 2 S32*40'32*E 15.37' 3 N85*43'47'W 40.58' 4 N32'40'35W 17,43' 5 102'45'00' 27.00' 48.42' 8537551 NON-CONFORMING USE LETTER -29- ,953715,1 Community Development Department April 25, 2012 Crossroad Church 2472 Walnut Avenue Tustin, CA 92780 Attn: David Frost, President TUSTIN SUBJECT: STATUS OF PROPERTY AT 2472 WALNUT AVENUE, APN 432- 491 -34 Dear Mr. Frost: This letter is in response to your request for an updated status of the City's correspondence dated August 9, 2011, as it relates to the City of Tustin's acquisition for public right -of -way purposes. On November 15, 2011, the Tustin City Council adopted Ordinance No. 1397 amending various sections of the Tustin City Code relating to nonconforming uses and structures. The language relating to the project is found in Section 9273(f) and states: (l7 Any use of land or structure which is made "nonconforming" either in design or arrangement due to acquisition of public right -of -way by the City shall be exempt from the provisions of this section, and any other provision of the Tustin City Code, regulating legal nonconforming uses or structures, unless it is established by the Community Development Department that such use or structure creates a nuisance or is a threat to the health, safety, welfare, or well -being of the occupants of the public. Said in another way, if your use of land, building or structure is legal and conforming to all provisions of the Zoning Code, any nonconformity (e.g. reduced setback, etc.) created as a result of a public right -of -way taking shall be considered conforming, unless the use, building or structure 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. Binsac Community Development Director Enc: Original status of property letter dated August 9, 2011 cc: Doug Anderson, Public Works Department Dana Ogdon, Assistant Community Development Director 300 Centennial Way, Tustin, CA 92780 0 P:(714)573-3100 0 F: (714) 573-3 1 13 0 www.tustinca.org BUILDING OUR FUTURE HONORING OUR PAST ATTACHMENT Location Exhibit VICINITY MAP 2472 Walnut Avenue p� i 4 Inc aK n + TUSnN RANCH r R � ter of �r� d TUSTIN LEGACY r ., NO SCALE �O � PROJECT LOCATION 2472 Walnut Avenue �y y� ?' Q G� � ZG Pay fi FILE: 2472 Walnut Avenue.dwg