HomeMy WebLinkAbout16 EIR PROJS 7130 & 31 05-05-03AGENDA REPORT
Agenda Item
Reviewed:
City Manager
Finance Director
16
MEETING DATE: MAY 5, 2003
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT:
CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT 90-1
AS REVISED BY FINAL SUPPLEMENT #1 AND APPROVAL OF THE
PROJECT ENTITLED NEWPORT AVENUE EXTENSION, STATE
ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, VALENCIA
AVENUE AND DEL AMO AVENUE WIDENING (THE "PROJECT")
(CIP NOS. 7130 AND 7131)
SUMMARY
The attached resolutions provide the necessary approvals for the Newport Avenue Extension, State
Route 55 Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening
Project (CIP Nos. 7130 and 7131). If adopted by the City Council, Resolution No. 03-63 certifies
Final Environmental Impact Report 90-1 as revised by Final Supplement #1 and Resolution No. 03-72
makes findings, adopts a Statement of Overriding Considerations, adopts a Mitigation Monitoring and
Reporting Program, and approves the project entitled Newport Avenue Extension, State Route 55
Northbound Ramp Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project").
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 03-63 Certifying Final Environmental
Impact Report 90-1 as revised by Final Supplement #1 as complete and adequate pursuant to the
California Environmental Quality Act (CEQA) for the project entitled Newport Avenue Extension, State
Route 55 Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Avenue Widening
and direct staff to file a Notice of Determination.
It is also recommended that the City Council adopt Resolution No. 03-72 making findings, adopting a
Statement of Overriding Considerations, adopting a Mitigation Monitoring and Reporting Program,
and approving the project entitled Newport Avenue Extension, State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project").
FISCAL IMPACT
Sufficient funds are anticipated to be budgeted to construct Phase 1 (CIP No. 7130) of the Project in
Fiscal Year 2003-04. Funding is a combination of Measure "M" Competitive Funds, Measure "M"
Turnback Funds, Tustin Community Redevelopment Agency-South Central Funds, Community
Development Block Grant Funds, and Developer Bond Funds/Payment Deposits. For Phase 2 (CIP No.
7131) of the Project, sufficient funds have been budgeted for Final Design. Funding is a combination of
Measure "M" Turnback Funds and Tustin Community Redevelopment Agency South Central Funds.
Certification of Final Environmental Impact Report 90-1
Approval of the Project Entitled Newport Avenue Extension State Route 55
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project")
(CIP Nos. 7130 and 7131)
May 5, 2003
Page 2
as Revised by Final Supplement #1 and
Northbound .Ramp
DISCUSSION
The project will be constructed in two phases. A description of Phase 1 is as follows:
Extension and widening of Newport Avenue south approximately 1,800 lineal feet from
Edinger Avenue to Valencia Avenue. The proposed Newport Avenue extension will be
a six (6) lane Major Arterial. The proposed features include three (3) lanes in each
direction, raised medians, sidewalks, and bike lanes. Extended double left turn lanes
and a separate right turn lane to the SR-55 on ramps will be provided. Median and
parkway landscaping will be added where feasible.
Realignment of Del Amo Avenue to intersect with the SR-55 ramps and Newport
Avenue. Del Amo Avenue will also be widened to allow for four (4) lanes and provide
an added access route to SR-55. A portion of Del Amo Avenue no longer needed for
street purposes will be vacated after the project. The realignment of Del Amo Avenue
will also necessitate the relocation of a Southern California Edison 66kv Transmission
line that is currently located along Del Amo Avenue. The line is proposed to be
undergrounded.
Reconstruction of the SR-55 northbound ramps. The current loop ramps at SR-55 and
Edinger Avenue will be removed and replaced by hook ramps approximately 1,200
lineal feet south of Edinger Avenue. This configuration offers many advantages
including an improved level of service and a reduced weaving pattern on the freeway.
A land exchange is planned between Caltrans and the City for the ramp locations.
Widening of Valencia Avenue to four (4) lanes from the new intersection with Newport
Avenue to Red Hill Avenue. Valencia Avenue is planned as an augmented primary
arterial. This aspect of the project includes widening to the north side to place the curb
line 42 feet from the roadway centerline, with the right-of-way widened to 50 feet from
the roadway centerline. The south half-width of Valencia Avenue will remain at 32 feet
to the curb line and 40 feet to the right-of-way line until completed with a future project.
Construction of a new Edinger Avenue and Newport Avenue intersection and widening
of Edinger Avenue around the intersection. Edinger Avenue at Newport Avenue will be
lowered approximately three (3) feet to accommodate design requirements for the
Newport Avenue extension to the north (Phase II). As part of a separate project,
Edinger Avenue will be widened to three (3) lanes in each direction to major arterial
status. The widening of Edinger Avenue is a part of Orange County Transportation
Authority's Measure M Smart Street Program.
Certification of Final Environmental Impact Report 90-1
Approval of the Project Entitled Newport Avenue Extension State Route 55 Northbound
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project")
(CIP Nos. 7130 and 7131)
May 5, 2003
Page 3
as Revised by Final Supplement #1 and
Ramp
New signalized intersections will be provided along Newport Avenue at Edinger
Avenue, SR-55 ramps/Del Arno Avenue and Valencia Avenue. The existing signalized
intersections at Del Arno Avenue/Edinger Avenue and Valencia Avenue/Red Hill
Avenue will be modified to accommodate the widened roadways. Provision for a future
signal at a mid-block commercial driveway on Newport Avenue north and south of the
SR-55/Del Arno Avenue intersection will be made.
· Landscaping of parkways, medians, and the freeway right-of-way along the new
northbound SR-55 Ramps will be provided where feasible.
· To accommodate roadway and other improvements, right-of-way acquisition will be
required.
To facilitate relocation of the existing Johanna-Chestnut and the Johanna-Bryan-lrvine-
Steelcase 66 KV transmission line, formation of a utility undergrounding district is
proposed. The overhead transmission line which runs within Phase I from near the
west terminus of Valencia Avenue (at SR-55) to Del Amo Avenue and then north along
Del Arno Avenue to Edinger Avenue is proposed to be placed underneath the
proposed extension of Newport Avenue.
Formation of an assessment district and/or community facilities district to fund a portion
of the costs of improvements by allocating a fair share of these costs to local property
and business owners is under consideration. Prior to the establishment or formation, of
a district, the City will undertake a funding and benefit analysis of the proposed
improvements to determine the appropriate level of funding. This funding and benefit
analysis will include more information on estimated assessments or special tax
amounts and the identification of any specific properties proposed to be in the district.
Reorganization of the City boundary between the cities of Tustin and Santa Ana. The
proposed reorganization would realign the City boundary to follow the boundary
between SR-55 and property proposed for transfer from Caltrans to private ownership.
Certification of Final Environmental Impact Report 90-1 as Revised by Final Supplement #1 and
Approval of the Project Entitled Newport Avenue Extension State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project")
(CIP Nos. 7130 and 7131)
May 5, 2003
Page 4
A description of Phase 2 is as follows:
Construction of a railroad bridge over Newport Avenue. The structure will be a steel
girder. The structure will carry the two existing tracks and provide for the future addition
of a third track.
Realignment of flood control channel F-10 in a double reinforced concrete box culvert
to allow Newport Avenue to pass over the channel approximately 400 feet north of the
existing channel alignment.
Extension, realignment, and widening of Newport Avenue from Edinger Avenue north
to Myrtle Avenue as a six (6) lane Major Arterial. The existing Newport Avenue will be
widened from Tustin Grove Drive to Myrtle Avenue to include three (3) lanes in each
direction, raised medians, sidewalks on both sides, and outside shoulders or bike
lanes. Turn lanes will be provided at intersections. Median and parkway landscaping
will be incorporated where feasible.
· Improved / new signalized intersections along Newport Avenue at Edinger Avenue,
Tustin Grove Drive, and Sycamore Avenue.
Construction of a sag profile in Newport Avenue to allow Newport Avenue to pass
under the railroad bridge and maintain a minimum vertical clearance of 15 feet above
the traffic lanes. Based on preliminary design, the elevation of Newport Avenue will
pass about 17 feet under the railroad, putting the roadway below the measured
groundwater elevation. Therefore, this section of the roadway will require special
construction and a pump station to provide for necessary drainage protection. Also,
due to the need for the sag profile to connect to the intersections of Edinger Avenue to
the south and Tustin Grove Drive to the north, it is estimated the design speed for this
portion of Newport Avenue will be limited to 35 MPH.
To accommodate the roadway and other improvements, additional right-of-way will be
required.
To facilitate relocation of the existing Johanna-Chestnut and the Johanna-Bryan-lrvine-
Steelcase 66 KV transmission line, formation of a utility undergrounding district is
proposed. The overhead transmission line which runs within Phase I from near the
west terminus of Valencia Avenue (at SR-55) to Del Amo Avenue and then north along
Del Amo Avenue to Edinger Avenue is proposed to be placed underneath the
proposed extension of Newport Avenue.
Certification of Final Environmental Impact Report 90-1 as Revised by Final Supplement #1 and
Approval of the Project Entitled Newport Avenue Extension State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project")
(CIP Nos. 7130 and 7131)
May 5, 2003
Page 5
Formation of an assessment district and/or community facilities district to fund a portion
of the costs of improvements by allocating a fair share of these costs to local property
and business owners is under consideration. Prior to the establishment or formation of
a district, the City will undertake a funding and benefit analysis of the proposed
improvements to determine the appropriate level of funding. This funding and benefit
analysis will include more information on estimated assessments or special tax
amounts and the identification of any specific properties proposed to be in the district.
ENVIRONMENTAL
Background
On December 17, 1990, the Tustin City Council certified Final Environmental Impact Report 90-1
("FEIR 90-1") and approved the Pacific Center East Specific Plan ("Specific Plan"). The Specific Plan
project proposed the development of an 8.9 acre commercial center, 33.2 acre regional center, 36.7
acre office center, and 44.2 acre technology center. The Specific Plan project approved in 1990
included the proposed extension of Newport Avenue and the reconfiguration of the State Route 55
interchange at Edinger Avenue as part of the circulation system improvements within the Specific
Plan area.
Since 1990, the design of these proposed circulation system improvements has been refined. In
addition, the proposed circulation improvements within the Specific Plan area have been expanded to
include the widening of Valencia Avenue.
In 2001, staff prepared an Initial Study to determine whether FEIR 90-1 was adequate to serve as the
environmental document for the proposed refined circulation improvements and related actions (the
"Project").
The Initial Study determined that most impact categories (such as air quality, biological resources,
cultural resources, etcetera) would not be additionally impacted by the Project and that conditions had
not changed significantly since 1990. The Initial Study determined that FEIR 90-1 was adequate to
serve as the environmental document for all categories of environmental impacts except
traffic/transportation. It also found that a Supplement to FEIR 90-1 would be required to address
traffic/ti'ansportation issues.
On November 2, 2001, the Initial Study and a Notice of Preparation (NOP) to prepare a Supplement
to FEIR 90-1 were released and published for public review and comment.
Certification of Final Environmental Impact Report 90-1 as Revised by Final Supplement #1 and
Approval of the Project Entitled Newport Avenue Extension State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project")
(CIP Nos. 7130 and 7131)
May 5, 2003
Page 6
In conjunction with the preparation of Draft Supplement #1 to Final EIR 90-1, the comments received
on the NOP were reviewed and a Traffic and Circulation Technical Report was prepared. The Report
provided an updated traffic analysis and determined that while projected traffic volumes along
Newport Avenue and impacts at some intersections would be less than anticipated in FEIR 90-1 due
to other circulation improvements in the area, one intersection that was not impacted in FEIR 90-1
would be significantly impacted. Draft Supplement #1 to Final EIR 90-1 was released for public
review and comment and filed with the State Clearinghouse on February 6, 2002.
The Draft Supplement identified some implementation measures (existing regulatory requirements) in
response to comments received from public agencies on the NOP and identified new and revised
mitigation measures for traffic/transportation that differed from FEIR 90-1. The document included
the Traffic and Circulation Technical Report as an appendix. The comment period on Draft
Supplement #1 to FEIR 90-1 closed on March 8, 2002. Comments were received at a public meeting
on April 9, 2002, about noise mitigation south of Sycamore Avenue.
On October 15, 2002, a Noise Attenuation Plan was completed to satisfy a mitigation measure in
Final EIR 90-1 that required the evaluation of noise attenuation measures for the widening and
extension of Newport Avenue in the area south of Sycamore Avenue. The 2002 Noise Attenuation
Plan projected noise levels that are lower than those indicated in FEIR 90-1 because traffic levels for
Newport Avenue are now projected to be lower, and the maximum posted speed limit for Newport
Avenue between Sycamore Avenue and Edinger Avenue will be reduced from 40 miles per hour as
indicated in FEIR 90-1 to 35 miles per hour. The Noise Attenuation Plan identified noise attenuation
alternatives that may serve as precise mitigation measures for noise impacts along Newport Avenue
south of Sycamore Avenue pursuant to FEIR 90-1. Alternatives include a sound wall and balcony
barriers along the westerly side of Newport Avenue south of Sycamore Avenue and two separate
sound walls or one continuous sound wall along the easterly side of Newport Avenue south of
Sycamore Avenue.
On April 3, 2003, Final Supplement #1 to FEIR 90-1 which contains responses to comments received
and the 2002 Noise Attenuation Plan was distributed by mail to those persons or agencies that
commented on Draft Supplement #1 to FEIR 90-1. Final Supplement #1 to FEIR 90-1 provides the
required written responses to each written comment received on Draft Supplement #1 to FEIR 90-1,
pursuant to the California Environmental Quality Act (CEQA). The comment period on the Final
Supplement closes on May 5, 2003.
Findings and Statement of Overriding Considerations
To approve FEIR 90-1 as revised by Final Supplement #1 for the Project, the City Council must find
that: (1) the environmental documents have been completed in compliance with CEQA; (2) the Final
EIR was reviewed and considered by the City Council; and (3) the Final EIR represents the City's
independent judgment and analysis. These findings are set forth in Resolution No. 03-63.
Certification of Final Environmental Impact Report 90-1 as Revised by Final Supplement #1 and
Approval of the Project Entitled Newport Avenue Extension State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project")
(CIP Nos. 7130 and 7131)
May 5, 2003
Page 7
To support a decision to approve the Project, the City Council is required to make written findings of
fact for each significant environmental impact identified in FEIR 90-1 as revised by Final Supplement
#1.
Section 21081 of the Public Resources Code and Section 15091 of the State CEQA Guidelines require
that the City Council make one or more of the following findings prior to approving or carrying out a
project for which an EIR has been prepared identifying one or more significant effects of the project,
together with a statement of facts in support of each finding:
1. Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of another
public agency and have been, or can and should be, adopted by that other agency.
3. Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or alternatives identified in the EIR
While the majority of environmental effects of this Project can be mitigated, air quality and
traffic/transportation impacts cannot be fully mitigated.
Air quality impacts cannot be fully mitigated because all feasible mitigation measures to reduce air
quality emissions for the Project have been applied and State and Federal standards will be
exceeded with or without the Project. Any additional traffic, including traffic that is not significant, may
contribute to the existing exceedance condition.
Traffic/transportation impacts cannot be fully mitigated at the intersection at the SR-55 Southbound
Ramps and Edinger Avenue because there is not adequate width for physical roadway improvements
due to right-of-way constraints and geometric constraints with the existing loop ramp and Edinger
Avenue.
Where, as here, there are unavoidable environmental risks, State CEQA Guidelines Section 15093(a)
requires the City Council to balance the economic, legal, social, technological, or other benefits of a
proposed project against its unavoidable environmental risks in determining whether to approve the
project. Further, State CEQA Guidelines Section 15093(b) requires that, where the decision of the City
Council allows the occurrence of significant effects which are identified in an EIR, but are not at least
substantially mitigated, the City Council must state in writing the reasons to support its action based on
the Final EIR or other information in the record by adopting a Statement of Overriding Considerations.
Certification of Final Environmental Impact Report 90-1 as Revised by Final Supplement #1 and
Approval of the Project Entitled Newport Avenue Extension State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project")
(CIP Nos. 7130 and 7131)
May 5, 2003
Page 8
The Findings of Fact and a Statement of Overriding Considerations are provided as Exhibit A to
Resolution No. 03-72. The overriding considerations specific to this Project are stated below.
PROJECT BENEFITS THAT OUTVVEIGH THE UNAVOIDABLE ENVIRONMENTAL RISKS
A. Reduction in Traffic Congestion (this Project)
The proposed roadway improvements project (this Project) will improve north-south
regional and local circulation in Tustin by extending Newport Avenue southerly from
its existing terminus to Valencia Avenue, thereby providing a third north-south
arterial in Tustin. This will link the area of Tustin north of the Interstate 5 Freeway
with the area to the south of the freeway. This Project will also provide adequate
capacity to accommodate existing and future local and regional traffic based on the
forecast traffic modeling described on page 3 of the November 2001 Traffic and
Circulation Technical Report prepared by LSA Associates, Inc. (See Draft
Supplement #1).
The improvements will reduce congestion on other City arterials such as Red Hill
Avenue as presented in the traffic analysis and summarized in Section VII of the
Traffic Study. The improvements will also improve levels of service on the SR-55
Freeway in the vicinity of Edinger Avenue by reducing the weaving pattern and
providing a greater separation between freeway ingress and egress at the ramps.
The levels of service on adjacent local intersections such as Red Hill Avenue and
Edinger Avenue will improve as shown in a comparison of the Intersection Capacity
Utilization worksheets located in Appendix D and Appendix E of the Traffic Study
(see Draft Supplement #1).
B. Implementation of the Tustin General Plan (this Project)
Newport Avenue is designated as a Major Arterial on the County's Master Plan of
Arterial Highways and in the Circulation Element of the Tustin General Plan. Major
Arterials are multilane roadways designed to carry a substantial volume of local and
regional traffic. They are also designed with concentrated access locations and
allow minimum driveways, which have been shown to reduce roadway capacity due
to the interruption of the steady progression of traffic. The widening and extension
of Newport Avenue will bring the roadway into conformance with these plans and
provide relief to other arterials such as Red Hill Avenue as shown in the Traffic
Study. Conformity is a requirement of the Orange County Growth Management
Element to participate in the County's Measure M Program, which is the primary
transportation funding program for the County. One of the goals of the County's
Certification of Final Environmental Impact Report 90-1 as Revised by Final Supplement #1 and
Approval of the Project Entitled Newport Avenue Extension State Route 55 Northbound Ramp
Reconfiguration, Valencia Avenue and Del Amo Avenue Widening (the "Project")
(CIP Nos. 7130 and 7131)
May 5, 2003
Page 9
Growth Management Plan Element is to reduce traffic congestion and ensure that
adequate transportation facilities are provided for existing and future residents.
This project will meet these goals. This project is also included as one of the
planned transportation improvements in the City's Growth Management Element of
the General Plan.
MITIGATION MONITORING AND REPORTING PROGRAM
A Mitigation Monitoring and Reporting Program designed to ensure compliance with mitigation measures
that are required to avoid or substantially lessen the significant effects of the Project identified in FEIR
90-1 as revised by Final Supplement #1 has been prepared to meet the requirements of Section
21081.6 of the Public Resources Code. The Mitigation Monitoring Reporting Program, which is attached
as Exhibit B to Resolution No. 03-72 provides a checklist of mitigation measures and implementation
measures (existing regulatory requirements) identified in Final Supplement #1 to FEIR 90-1 for the
Project and which Program is proposed to be adopted if the Project is approved as a condition of
approval of the Project.
--
The latest plans for the Project are on file with the Public Works Department. The latest plans for Phase
1 are 95% complete and are dated November 26, 2002 with updates of February 2003 and April 2003.
The latest plans for Phase 2 are 60% complete and are current as of July 2002.
Tim D. Serlet
Director of Public Works/City Engineer
uana R. Kasdan ' ~._.J
Engineering Services Manager
TDS:DRK:ccg:Certification of supplement final EIR Rpt. 90-1 Reso. 03-63 & 03-72
Attachments
Resolution No. 03-63
Resolution No. 03-72
L=lizabeth A. Binsack
Director of Community Development
RESOLUTION NO. 03-63
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL
IMPACT REPORT 90-1 AS REVISED BY FINAL SUPPLEMENT #1
AS COMPLETE AND ADEQUATE PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE
PROJECT ENTITLED "NEWPORT AVENUE EXTENSION, STATE
ROUTE 55 NORTHBOUND RAMP RECONFIGURATION, AND
VALENCIA AVENUE AND DEL AMO AVENUE WIDENING"
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A.
The City of Tustin certified Final Environmental Impact Report 90-1 ("FEIR 90-
1") on December 17, 1990, and approved the Pacific Center East Specific Plan
("Specific Plan"); and
B,
The extension and widening of Newport Avenue, the reconfiguration of the State
Route 55 Northbound Ramp, and the widening of Del Arno Avenue were
identified as proposed circulation improvements in the Specific Plan; and
C. The design of the proposed circulation improvements has been refined since
1990 and the widening of Valencia Avenue has been identified as a necessary
additional improvement (the proposed "Project"); and
D. Final Supplement #1 to Final EIR 90-1 was prepared because the proposed
transportation improvements that were in the Specific Plan have been refined
since 1990, and pursuant to the Initial Study, it was determined that pursuant to
Section 15163(a) of the State Guidelines (Title 14 California Code of
Regulations, Sections 15000 et. seq.) a Supplement was appropriate to make
Final EIR 90-1 adequate for the proposed Project; and
E. Pursuant to the California Environmental Quality Act (CEQA) (Calif. Public
Resources Code Sec. et. seq. 21000) and the State Guidelines, the City of
Tustin has completed the following actions in preparing Final Supplement #1
to FEIR 90-1'
,
On November 2, 2001, a Notice of Preparation (NOP) of a Supplement to
FEIR 90-1 and Initial Study were released and published for public review
and comment.
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II.
III.
2. On February 6, 2002, Draft Supplement #1 to FEIR 90-1 was released for
public review and comment and filed with the State Clearinghouse (SCH
No. 1989091320). The Draft assessed the significant environmental impacts
and mitigation measures associated with the project that differed from FEIR
90-1. The comment period on Draft Supplement #1 to FEIR 90-1 closed
on March 8, 2002.
,
On April 3, 2003,' Final Supplement #1 to FEIR 90-1 was released for
public review and comment. The comment period on the Final Supplement
#1 closed on May 5, 2003. Final Supplement #1 to FEIR 90-1 provides
the required written responses to each comment on Draft Supplement #1
to FEIR 90-1 pursuant to CEQA. Final Supplement #1 to FEIR 90-1 was
distributed to those persons or agencies that commented on Draft
Supplement #1 to FEIR 90-1.
4. On May 5, 2003, public testimony was provided to the City Council on
Final Supplement #1 to FEIR 90-1 for the Project; and
F.
In accordance with Section 15132 of the State CEQA Guidelines, Final
Supplement #1 to FEIR 90-1 consists of the following which are incorporated
herein by reference:
1. Draft Supplement #1 to FEIR 90-1 and Final Supplement #1 to FEIR 90-1,
including Comments and Responses on Draft Supplement #1 to FEIR 90-
1 and all appendices and technical reports thereto;
2. A list of persons, organizations, and public agencies commenting on Draft
Supplement #1 to FEIR 90-1;
3. The responses of the City to significant environmental points raised in the
review and consultation process;
4. Comments and Responses on Final Supplement #1 to FEIR 90-1;
5. Public Works staff reports to the City Council and Tustin Community
Redevelopment Agency dated May 5, 2003, including any letters
submitted to the Tustin City Council and Tustin Community
Redevelopment Agency and the City of Tustin's written responses, if any,
and all other attachments; and,
6. Videotape of and Minutes of the Tustin City Council and Tustin
Community Redevelopment Agency, dated May 5, 2003; and
The City Council of the City of Tustin does hereby find and certify that FEIR 90-1 as
revised by Final Supplement #1 for the Project has been completed in compliance
with the requirements of CEQA and the State Guidelines; and
The City Council of the City of Tustin does hereby find and determine that FEIR 90-
I as revised by Final Supplement #1 was reviewed and considered by the City
Council before considering approval of the Project.
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IV.
The City Council of the City of Tustin does hereby find that FEIR 90-1 as revised by
Final Supplement #1 represents the City's independent judgment and analysis.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the 5th day of May, 2003.
TRACY WILLS WORLEY, Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Resolution
No. 03-63 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on May 5, 2003, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
ccresos\03-63.doc
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RESOLUTION NO. 03-72
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, MAKING FINDINGS, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, ADOPTING
A MITIGATION MONITORING AND REPORTING PROGRAM,
AND APPROVING THE PROJECT ENTITLED "NEWPORT
AVENUE EXTENSION, STATE ROUTE 55 NORTHBOUND RAMP
RECONFIGURATION, AND VALENCIA AVENUE AND DEL AMO
AVENUE WIDENING" (THE "PROJECT")
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. The City Council of the City of Tustin has certified that FEIR 90-1 as revised
by Final Supplement #1 for the Project was completed in compliance with
CEQA and the State Guidelines; and
Bo
Section 21081 of the Public Resources Code and Section 15091 of the State
CEQA Guidelines require that the City Council make one or more of the
following findings prior to approving or carrying out a project for which an EIR
has been prepared identifying one or more significant effects of the project,
together with a statement of facts in support of each finding:
1. Changes or alterations have been required in, or incorporated into, the
project which mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by
that other agency.
3. Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or alternatives identified in the EIR; and
C. State Guidelines Section 15093(a) requires the City Council to balance, as
applicable, the economic, legal, social, technological, or other benefits of a
proposed project against its unavoidable environmental risks in determining
whether to approve the project; and
D. Public Resources Code Section 21081 and State Guidelines Section 15093(b)
require that, where the decision of the City Council allows the occurrence of
significant effects which are identified in an EIR, but are not at least substantially
mitigated, the City Council must state in writing the reasons to support its action
based on the FEIR or other information in the record; and
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II.
III.
IV.
V,
VI.
VII.
E. A lead agency that makes findings on significant effects in an EIR must also
adopt a program for reporting or monitoring mitigation measures that are made
conditions of project approval.
The Findings of Fact and Statement of Overriding Considerations set forth in
Exhibit A, and incorporated herein by this reference, are adopted.
A Mitigation Monitoring Reporting Program described in Exhibit B is approved and
is incorporated by this reference. It provides a checklist of mitigation measures and
implementation measures identified in FEIR 90-1 as revised by Final Supplement
#1 for the Project to monitor the progress of each measure. The following
information is identified for each measure listed in the checklist:
· The text of the measure is provided which contains the criteria for mitigation,
either in the form of adherence to certain adopted regulations or
identification of the steps to be taken as mitigation.
· The timing of the implementation of the mitigation measures is indicated.
· The table lists the appropriate responsible or supervising party or agency to
perform or enforce the mitigation measure or implementation measure.
The City Council hereby finds that the significant environmental effects identified in
FEIR 90-1 as revised by Final Supplement #1 have been substantially lessened in
their severity by the imposition of the proposed mitigation measures. The City
Council also finds that the remaining unavoidable significant environmental effects
are outweighed by the economic, social, and other benefits of the project, as set
forth in the Statement of Overriding Considerations attached as Exhibit A.
The City Council hereby finds that changes have been required in, or incorporated
into, the project that will mitigate or avoid the potentially significant adverse effects
identified in Final Supplement #1 to FEIR 90-1 as specifically itemized in Exhibit B,
Mitigation Monitoring Reporting Program. All mitigation measures contained in
Final Supplement #1 to FEIR 90-1 are adopted and are conditions of approval of
the Project.
The City Council finds that the project involves no potential for any adverse effect,
either individually or cumulatively, on wildlife resources and makes a De Minimis
Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990.
The Project (the details of which are contained in the Design Documents on file in
the Public Works Department) is approved subject to the conditions that are
identified as "mitigation measures and implementation measures" in FEIR 90-1 as
revised by Final Supplement #1.
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PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the 5th day of May, 2003.
TRACY WILLS WORLEY, Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Resolution
No. 03-72 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on May 5, 2003, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
ccresos\03-72.doc
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Resolution No. 03-72
Exhibit A
Findings of Fact and
Statement of Overriding Considerations
For the Newport Avenue Extension
State Route 55 Northbound Ramp Reconfiguration
Valencia Avenue and Del Amo Avenue Widening
City of Tustin, California
SCH No. 1989091320
City of Tustin
300 Centennial Way
Tustin, CA 92780
TABLE OF CONTENTS
Section Page
I. INTRODUCTION
II. DESCRIPTION OF PROJECT
III. PURPOSE OF FINDINGS
IV. INCORPORATION OF MITIGATION MEASURES INTO PROJECT DESIGN 7
V.
FINDINGS CONCERNING SIGNIFICANT UNAVOIDABLE ADVERSE
IMPACTS
VI.
FINDINGS CONCERNING SIGNIFICANT IMPACTS
REDUCED TO LESS THAN SIGNIFICANT LEVELS BY
MITIGATION MEASURES INCORPORATED INTO THE PROJECT
VII.
STATEMENT OF OVERRIDING CONSIDERATIONS
Summary of Overriding Considerations
Adoption of Overriding Considerations
18
18
19
FINDINGS OF FACT CONCERNING THE PROJECT
Pursuant to the State Guidelines Section 15091, the City of Tustin (City) upon review of Final
Supplement # 1 to Final Environmental Impact Report 90-1 ("FEIR 90-1"), including the written
and oral comments and written and oral responses therein, and based on all the information and
evidence in the record, hereby makes the Findings set forth herein. Please note that some of these
findings related to the 1990 Specific Plan project that was the focus of FEIR 90-1. Other findings
are specifically related to this Project, as defined below. Where the finding is specifically related to
this Project, the annotation "this Project" appears in the text.
I. INTRODUCTION
Final Supplement #1 to FEIR 90-1 (State Clearinghouse Number 1989091320) identifies the
significant or potentially significant environmental impacts, prior to mitigation, that may occur as a
result of the Newport Avenue Extension, State Route 55 Northbound Ramp Reconfiguration, and
Valencia Avenue and Del Amo Avenue Widening project (the "Project"). The City of Tustin and the
Tustin Community Redevelopment Agency are the Lead Agencies for the Project. The California
Department of Transportation (Caltrans) is a Responsible Agency for the Project. FEIR 90-1 was
certified by the Tustin City Council on December 17, 1990.
In accordance with the requirements of the Califomia Environmental Quality Act (CEQA), an Initial
Study/Notice of Preparation to prepare Supplement # 1 to Final Environmental Impact Report 90-1
was distributed on November 2, 2001, to regulatory agencies, local jurisdictions, and various
individuals for a 30-day comment period.
Draft Supplement #1 to Final EIR 90-1 was made available for a 30-day public review period on
February 6, 2002. Final Supplement #1 to Final EIR 90-1 was circulated for a 30-day public review
period on April 3, 2003.
Final Supplement #1 to Final EIR 90-1 identifies mitigation measures to avoid significant
environmental impacts of the project or reduce them to less than significant levels. Mitigation
measures are also identified for environmental impacts of the project that are significant and
unavoidable even though mitigation is applied. Final Supplement #1 to Final EIR 90-1 also
identifies implementation measures (existing regulatory requirements) where environmental impacts
are less than significant.
II. DESCRIPTION OF PROJECT
The project will be constructed in two phases. The salient features of Phase I include:
Extension and widening of Newport Avenue south approximately 1,800 lineal feet from Edinger
Avenue to Valencia Avenue. The proposed Newport Avenue extension will be a six (6) lane
Major Arterial. The proposed features include three (3) lanes in each direction, raised medians,
Exhibit A 3
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
sidewalks, and bike lanes. Extended double left mm lanes and a separate right turn lane to the
SR-55 on ramps will be provided. Median and parkway landscape will be added where feasible.
Realignment of Del Amo Avenue to intersect with the SR-55 ramps and Newport Avenue. Del
Amo Avenue will also be widened to allow for four (4) lanes and provide an added access route
to SR-55. A portion of Del Amo Avenue no longer needed for street purposes will be vacated
after the project. The realignment of Del Arno will also necessitate the relocation of a Southern
California Edison 66kv Transmission line that is currently located along Del Amo Avenue. The
line is proposed to be undergrounded.
Reconstruction of the SR-55 northbound ramps. The current loop ramps at SR-55 and Edinger
Avenue will be removed and replaced by hook ramps approximately 1,200 lineal feet south of
Edinger Avenue. This configuration offers many advantages including an improved level of
service and a reduced weaving pattern on the freeway. A land exchange is planned between
Caltrans and the City for the ramp locations.
Widening of Valencia Avenue to four (4) lanes from the new intersection with Newport Avenue
to Red Hill Avenue. Valencia Avenue is planned as an augmented primary arterial. This aspect
of the project includes widening to the north side to place the curb line 42 feet from the roadway
centerline, with the right-of-way widened to 50 feet from the roadway centerline. The south half-
width of Valencia Avenue will remain at 32 feet to the curb line and 40 feet to the right-of-way
line until completed with a future project.
Construction of a new Edinger Avenue and Newport Avenue intersection and widening of
Edinger Avenue around the intersection. Edinger Avenue at Newport Avenue will be lowered
approximately three (3) feet to accommodate design requirements for the Newport Avenue
extension to the north (Phase II). As part of a separate project, Edinger Avenue will be widened
to three (3) lanes in each direction to major arterial status. The widening of Edinger Avenue is a
part of Orange County Transportation Authority's Measure M Smart Street Program.
New signalized intersections will be provided along Newport Avenue at Edinger Avenue, SR-55
ramps - Del Amo Avenue and Valencia Avenue. The existing signalized intersections at Del
Amo/Edinger and Valencia/Red Hill will be modified to accommodate the widened roadways.
Provision for a future signal at a mid-block commercial driveway on Newport Avenue north and
south of the SR-55 - Del Amo Avenue intersection will be made.
Landscaping of parkways, medians, and the freeway right-of-way along the new northbound SR-
55 Ramps will be provided.
To accommodate roadway and other improvements, right-of-way acquisition will be required.
To facilitate relocation of the existing Johanna-Chestnut and the Johanna-Bryan-Irvine-Steelcase
66 kV transmission line, formation of a utility undergrounding district is proposed. The
overhead transmission line which runs within Phase I from near the west terminus of Valencia
Avenue (at SR-55) to Del Amo Avenue and then north along Del Amo Avenue to Edinger
Exhibit A 4
FINDINGS OF FACT AND STATEMENT OF OVtRRIDING CONSIDERATIONS
Avenue is proposed to be placed undemeath the proposed extension of Newport Avenue.
Formation of an assessment district and/or community facilities district to fund a portion of the
costs of improvements by allocating a fair share of these costs to local property and business
owners is proposed. Prior to the establishment or formation of a district, the City will undertake
a funding and benefit analysis of the proposed improvements to determine the appropriate level
of funding. This funding and benefit analysis will include more information on estimated
assessments or special tax amounts and the identification of any specific properties proposed to
be in the district.
Reorganization of the City boundary between the cities of Tustin and Santa Ana. The proposed
reorganization would realign the City boundary to follow the boundary between SR-55 and
property proposed for transfer from Caltrans to private ownership.
The salient features of Phase II include:
· Construction of a railroad bridge over Newport Avenue. The structure will be a steel girder. The
structure will carry the two existing tracks and provide for the future addition of a third track.
Realignment of flood control channel F- 10 in a double reinforced concrete box culvert to allow
Newport Avenue to pass over the channel approximately 400 feet north of the existing channel
alignment.
Extension, realignment, and widening of Newport Avenue from Edinger Avenue north to Myrtle
Avenue as a six (6) lane Major Arterial. The existing Newport Avenue will be widened from
Tustin Grove Drive to Myrtle Avenue to include three (3) lanes in each direction, raised medians,
sidewalks on both sides, and outside shoulders or bike lanes. Turn lanes will be provided at
intersections. Median and parkway landscape will be incorporated where feasible.
· Improved / new signalized intersections along Newport Avenue at Edinger Avenue, Tustin
Grove Drive, and Sycamore Avenue.
Construction of a sag profile in Newport Avenue to allow Newport Avenue to pass under the
railroad bridge and maintain a minimum vertical clearance of 15 feet above the traffic lanes.
Based on preliminary design, the elevation of Newport Avenue will pass about 17 feet under the
railroad, putting the roadway below the measured groundwater elevation. Therefore, this section
of the roadway will require special construction and a pump station to provide necessary
drainage. Also, due to the need for the sag profile to connect to the intersections of Edinger
Avenue to the south and Tustin Grove Drive to the north, it is estimated the design speed for this
portion of Newport Avenue will be limited to 35 MPH.
· To accommodate the roadway and other improvements, additional right-of-way will be required.
· To facilitate relocation of the existing Johanna-Chestnut and the Johanna-Bryan-Irvine-Steelcase
Exhibit A 5
FINDINGS OF FACT AND STATEMENT OF OVIRRIDING CONSIDERATIONS
66 kV transmission line, formation of a utility undergrounding district is proposed. The
overhead transmission line which runs within Phase I from near the west terminus of Valencia
Avenue (at SR-55) to Del Amo Avenue and then north along Del Amo Avenue to Edinger
Avenue is proposed to be placed underneath the proposed extension of Newport Avenue.
Formation of an assessment district and/or community facilities district to fund a portion of the
costs of improvements by allocating a fair share of these costs to local property and business
owners is proposed. Prior to the establishment or formation ora district, the City will undertake
a funding and benefit analysis of the proposed improvements to determine the appropriate level
of funding. This funding and benefit analysis will include more information on estimated
assessments or special tax amounts and the identification of any specific properties proposed to
be in the district.
III. PURPOSE OF FINDINGS
Final Supplement #1 to FEIR 90-1, prepared in accordance with the California Environmental
Quality Act (CEQA), evaluates the significant adverse environmental impacts that could result from
the project. Section 15091 of the CEQA Guidelines requires that the public agency approving or
carrying out the project shall make written findings for each significant impact identified in the EIR.
These findings include one of the following:
o
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
,
Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
Specific economic, legal, social, technological, or other considerations make infeasible the
mitigation measures or project alternatives identified in the final EIR.
These findings accomplish the following:
o
They address the significant environmental effects identified in the Supplemental EIR for the
proposed Project.
,
They incorporate all mitigation measures associated with these significant impacts identified
in Final Supplement # 1 to FEIR 90-1.
o
They indicate whether a significant effect is avoided or reduced by the adopted mitigation
measures to a less-than-significant level, or remain significant and unavoidable, either
because there are no feasible mitigation measures or because, even with implementation of
mitigation measures, a significant impact will occur.
Exhibit A 6
FINDINGS OF FACT AND STATEMENT OF OVtRRIDING CONSIDERATIONS
The conclusions presented in these findings are based on Final Supplement #1 to Final EIR 90-1 and
other substantial evidence in the record of proceedings before the City Council, including oral and
written testimony.
IV. INCORPORATION OF MITIGATION MEASURES INTO PROJECT DESIGN
The mitigation measures identified in Supplement # 1 to FEIR 90-1 as feasible by the City are within
the City' s responsibility and jurisdiction to implement and are hereby incorporated into the design of
the Project. The City shall implement these measures during project implementation. Where Final
Supplement #1 to Final EIR 90-1 identifies feasible mitigation measures within the responsibility
and jurisdiction of other public agencies, the City finds that these other public agencies have adopted
the measures, have agreed to adopt the measures, or can and should adopt them.
Ve
FINDINGS CONCERNING SIGNIFICANT UNAVOIDABLE ADVERSE
IMPACTS [Section 15091(3) of State Guidelines]
Final Supplement #1 to Final EIR 90-1 indicates that the project would result in significant
unavoidable impacts within three environmental impact issue areas: air quality, noise, and
transportation/traffic. As described below in the findings for the impact category, there are either no
feasible mitigation measures or the feasible mitigation measures would only partially mitigate the
impact and the residual effect would remain significant.
AIR QUALITY
IMPACT: AIR Q UALITY IMPA CT (this Project)
Impact: Although project-generated emissions are not considered locally or regionally
significant, emissions standards for carbon monoxide, ozone, and particulates
(PM10) are exceeded in the South Coast Air Basin with or without the Project.
Findings
Based on Final Supplement # 1 to FEIR 90-1 and the entire record before the Tustin City Council, the
City Council finds that this impact is significant and unavoidable. The City Council further finds
that the mitigation measures in Final Supplement # 1 to Final EIR 90-1 will reduce the impact, but
there are no feasible mitigation measures that will reduce the impact to a less-than-significant level.
Facts in Support of Findings
Existing regional ambient air quality conditions, combined with regional cumulative traffic,
contribute to the daily exceedance of State and Federal standards for several air pollutants. All
feasible mitigation measures to reduce air quality emissions for the Project have been applied, and
State and Federal standards will be exceeded with or without the Project. Any additional traffic,
including traffic that is not significant, will contribute to the existing exceedance condition.
Exhibit A 7
FINDINGS OF FACT AND STATEMENT OF OVIRRIDING CONSIDERATIONS
NOISE
IMPA C T:
Impact:
NOISE IMPACT (Specific Plan project)
The project will contribute to significant noise level increases along McFadden
Avenue east of SR-55.
Findings
Based on Final Supplement # 1 to FEIR 90-1 and the entire record before the Tustin City Council, the
City Council finds that this impact is significant and unavoidable. The City Council further finds
that the mitigation measures in Final Supplement #1 to Final EIR 90-1 will reduce the impact, but
there are no feasible mitigation measures that will reduce the impact to a less-than-significant level.
Facts in Support of Findings
Because sound attenuation programs are most feasible with new construction, the cumulative impact
at location eight (McFadden east of SR-55) will remain significant because existing structures occur
along this segment.
TRANSPORTATION/TRAFFIC
IMPACT: TRANSPORTATION/TRAFFIC IMPACT (this Project)
Impact:
After mitigation, one of the fifteen intersections studied will still have an
unacceptable level of service for post-2020 with the project, development of all
cumulative projects, and the buildout of the General Plans for the three cities nearest
the project site.
Findings
Based on Final Supplement # 1 to FEIR 90-1 and the entire record before the Tustin City Council, the
City Council finds that this impact is significant and unavoidable. The City Council further finds
that the mitigation measures in Final Supplement # 1 to Final EIR 90-1 will reduce the impact, but
there are no feasible mitigation measures that will reduce the impact to a less-than-significant level.
Facts in Support of Findings
Although most area intersections will show an improved level of service after mitigation, the
intersection at the SR-55 Southbound Ramps and Edinger Avenue will still have an unacceptable
level of service. The necessary capacity enhancements at this location could include either widening
Edinger Avenue to eight lanes or providing a northbound free right turn lane from the ramp terminus
to eastbound Edinger Avenue. Due to right-of-way constraints and geometric constraints with the
existing loop ramp and Edinger Avenue, there is not adequate width for physical roadway
improvements at this location. The location of the structural columns for the SR-55 Freeway bridge
Exhibit A 8
FINDINGS OF FACT AND STATEMENT OF OVELRIDING CONSIDERATIONS
on Edinger Avenue currently constrains the right-of-way that would be necessary to widen Edinger
Avenue to eight lanes. These column locations and the lack of adequate turning radius also constrain
the geometry needed to provide an additional northbound free right turn lane onto eastbound Edinger
Avenue. These constraints preclude feasible improvements at this location.
VI.
FINDINGS CONCERNING SIGNIFICANT IMPACTS THAT ARE REDUCED TO
LESS-THAN-SIGNIFICANT LEVELS BY MITIGATION MEASURES
INCORPORATED INTO THE PROJECT [Section 15091(a)(1) of the State Guidelines]
FEIR 90-1 as revised by Final Supplement #1 identifies significant impacts that are reduced to a
"less-than-significant" level by the inclusion in the Project approval of the mitigation measures
identified in FEIR 90-1 as revised by Final Supplement #1. It is hereby determined that these
significant environmental impacts of the project will be avoided or substantially lessened by the
inclusion of the identified mitigation measures.
CULTURAL RESOURCES
IMPACT: ARCHAELOGICAL RESOURCES (this Project)
Impacts: Although there are no known archaeological remains on-site, there is a slight
possibility of uncovering such remains during site excavation.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Finding
If any archaeological remains are uncovered during grading or excavation, all work will be
suspended until a recognized specialist can make a determination as to the significance of the
findings. All actions shall be in accordance with Appendix K of the State Guidelines. The City of
Tustin shall also request a Sacred Lands File Check and take specified steps in the event of the
discovery of human remains.
GEOLOGY AND SOILS
IMPACT: GEOLOGYAND SOILS (this Project)
Impacts: Structures will be exposed to regional seismic events.
Exhibit A 9
FINDINGS OF FACT AND STATEMENT OF OVIRRIDING CONSIDERATIONS
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Finding
All construction shall conform to Uniform Building Code and City regulations to ensure that
structures are built to withstand seismic groundshaking. The soils and geology conditions pose no
major constraint to excavation or construction on-site.
Impacts: There is a possibility of pesticide hot spots occurring on-site as a portion of the
project site has been in agricultural use for a number of years.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Finding
Construction on vacant parcels shall require a pesticides/toxicity report which identifies any potential
pesticide hot spots and recommends procedures for necessary soil mixing or removal.
HYDROLOGY AND WATER QUALITY
IMPACT: HYDROLOGYAND WATER RESOURCES (this Project)
Impact:
Buildout ofthe Pacific Center East Specific Plan will include development within the
F08 facility drainage basin. However, the drainage direction within this area was
assumed to be changed to flow within the F09F 15 facility. Without mitigation, this
would leave an imbalance in the on-site drainage patterns.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
Exhibit A 10
FINDINGS OF FACT AND STATEMENT OF OVIRRIDING CONSIDERATIONS
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
A downstream area shall be graded to flow within the F08 facility basin via storm drains in the
proposed Newport Avenue extension and Del Amo Avenue so that the drainage flows on-site
conform to the existing drainage basins.
Impact:
The project may result in an increase in urban pollutants such as oil, grease, and
debris into storm drain systems. In addition, soil loss could occur during construction
due to sheet erosion.
Findings
Based on FEIR 90-1 as revised by Supplement/ti, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
Several measures to reduce stormwater pollution are proposed, including periodic street sweeping,
routine cleaning of manholes, source control surveys of all industrial facilities, controlling pesticide
and fertilizer use, and controlling washdown drainage from industrial facilities. To reduce soil loss,
soil on graded slopes shall be strengthened by planting in accordance with the landscape concept
plan in the Pacific Center East Specific Plan.
Impact: The project generated flow rates exceed the existing flow capacity of all storm drain
systems in Red Hill Avenue and Valencia Avenue except for the 54-inch RCP
between nodes 17 and 18. In addition, there is the possibility of the Santa Fe
Channel (Fl0) overtopping on on-site flooding prior to OCEMA channel
improvements and implementation of the storm drain concept plan.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
Exhibit A 11
FINDINGS OF FACT AND STATEMENT OF OVtRRIDING CONSIDERATIONS
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
Future storm drain improvement shall conform to the Drainage Concept of the Specific Plan to
ensure that project storm runoff does not exceed the capacity of local storm drain systems. Prior to
implementation of the storm drain master plan and the proposed improvements of the Santa Fe Flood
Control Channel, the project site will be protected from Santa Fe channel overtopping by means of
an earthen berm along the northern perimeter of the site. On-site flooding shall be prevented by
redirecting the flow to locations with adequate drainage facilities and by pumping during peak
events.
LAND USE AND PLANNING
IMPACT: LAND USE IMPACTS (this Project and the Specific Plan Project)
Impact: Construction of the project will include real property acquisitions and the relocation
of residents.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
Any properties acquired by the City of Tustin, Tustin Community Redevelopment Agency, or other
public agency shall be acquired at fair market value and relocation assistance shall be provided to
persons and businesses displaced, in accordance with State Law.
Impact: Some land exchanges, purchases, and/or dedications will be required for the project.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the Supplement and FEIR, by reducing potential
effects to less-than-significant levels. The City Council further finds that those measures which are
within the responsibility and jurisdiction of an agency or agencies other than the City of Tustin can
and should be adopted.
Exhibit A 12
FINDINGS OF FACT AND STATEMENT OF OVIRRIDING CONSIDERATIONS
Facts in Support of Findings
Provisions of the Pacific Center East Specific Plan require certain dedications as a condition of
development Any acquisitions required for circulation improvements which are not required by the
Specific Plan as conditions of approval or by a development agreement will be negotiated by the
Tustin Community Redevelopment Agency and/or the City.
Impact: Implementation of the Pacific Center East Specific Plan project will result in the
potential for interference with daily train operations.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
Plans for the proposed underpass of Newport Avenue shall be submitted to the Public Utilities
Commission and railroad operators for their review to ensure that interruptions to rail operations are
minimal.
Impact:
The project will result in the intensification of on-site land uses with a projected
addition of up to 2.4 million square feet at project buildout which could create the
potential for land use conflicts within the project site between differing land use
designations.
Findings
Based on the FEIR and the entire record before the Tustin City Council, the City Council finds that
changes or alterations have been incorporated into the project that will avoid the significant effects as
identified in the FEIR, by reducing potential effects to less-than-significant levels. The City Council
further finds that those measures which are within the responsibility and jurisdiction of an agency or
agencies other than the City of Tustin can and should be adopted.
Facts in Support of Findings
Each development site will be reviewed by the Community Development Department to ensure that
it conforms with the approved development standards and landscape concept included in the Specific
Plan.
Exhibit A 13
FINDINGS OF FACT AND STATEMENT OF OVIRPdDING CONSIDERATIONS
Impact: Any new structure constructed on-site above 60 feet in height will penetrate the 100:1
Notice Surface pursuant to FAR Part 77.13 and will have to be referred to the Federal
Aviation Administration for study.
Findings
Based on the FEIR and the entire record before the Tustin City Council, the City Council finds that
changes or alterations have been incorporated into the project that will avoid the significant effects as
identified in the FEIR, by reducing potential effects to less-than-significant levels. The City Council
further finds that those measures which are within the responsibility and jurisdiction of an agency or
agencies other than the City of Tustin can and should be adopted.
Facts in Support of Findings
Site plans for structures over 60 feet in height shall be submitted to the Federal Aviation
Administration and Airport Land Use Commission for Orange County.
TRAFFIC AND CIRCULATION
IMPACT: TRAFFIC AND CIRCULATION (this Project)
Impacts: Buildout of the Specific Plan will generate approximately 55,266 daily vehicle trips,
of which 14,218 are generated from existing development. Intersection capacity
analyses were conducted. The project will have substantial impacts on the level of
service at all affected intersections prior to mitigation.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in FEIR 90-1 as revised by Supplement # 1, by
reducing potential effects to less-than-significant levels, with the exception of one intersection. The
City Council further finds that those measures which are within the responsibility and jurisdiction of
an agency or agencies other than the City of Tustin can and should be adopted.
Facts in Support of Findings
All feasible traffic improvements for the 15 affected intersections evaluated have been required as
part of the approval of the Specific Plan and will be required as part of this Project approval. FEIR
90-1 as revised by Supplement # 1 outlines intersection improvements as required mitigation or as a
fair share contribution toward feasible intersection improvements that will mitigate impacts to a less
than significant level. One intersection cannot be mitigated to a level of insignificance.
Exhibit A 14
FINDINGS OF FACT AND STATEMENT OF OVtRRIDING CONSIDERATIONS
AIR QUALITY
IMPA C T:
SHORT-TERM AIR QUALITY IMPACTS FROM CONSTRUCTION (this
Project)
Impact: Demolition, grading, and construction for the project will result in short-term dust
emissions for adjacent uses.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
Mitigation measures are required as part of project approval which will result in reduced dust
emissions. These measures include periodically sprinkling the site with water, paving areas as soon
as possible, and avoiding grading during Santa Ana wind conditions.
NOISE
IMPACT: SHORT-TERM NOISE IMPACTS FROM CONSTRUCTION (this Project)
Impact: Project construction activity will result in short-term acoustical impacts.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
Construction is required to comply with all City ordinances regarding noise, including limited
construction hours as specified in the Tustin Noise Ordinance. As a condition of project approval,
construction equipment, fixed or mobile, operated within 1,000 feet of a dwelling unit shall be
equipped with properly operating and maintained muffler exhaust systems.
Exhibit A 15
FINDINGS OF FACT AND STATEMENT OF OVIRRIDING CONSIDERATIONS
IMPACT: NOISE IMPACTS (this Project)
Impact: The project will contribute to significant cumulative noise level increases along
Newport Avenue south of Sycamore Avenue.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
As a condition of project approval, the City of Tustin shall incorporate into the design of the
extension and widening of Newport Avenue south of Sycamore and implement the noise attenuation
measures identified in the 2002 Noise Attenuation Plan, as appropriate.
AESTHETICS
IMPACT: LIGHTAND GLARE IMPACTS (this Project and the Specific Plan Project)
Impact: There is the potential for light and glare impacts on off-site residential areas north of
the project site.
Findings
Based on FEIR 90-1 as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
All plans shall be reviewed to ensure than project lighting is not directed into adjacent residential
areas.
Impact: The on-site shade/shadow impacts on surrounding buildings or plazas may be
significant.
Exhibit A 16
FINDINGS OF FACT AND STATEMENT OF OV[RRIDING CONSIDERATIONS
Findings
Based on the FEIR as revised by Supplement #1, and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project
that will avoid the significant effects as identified in the FEIR, by reducing potential effects to less-
than-significant levels. The City Council further finds that those measures which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should
be adopted.
Facts in Support of Findings
The City shall review on-site shade/shadow impacts of the proposed office towers during the
required Concept Plan Review submittal and for each subsequent site plan for Planning Areas Six,
Eight, and Ten.
PUBLIC SER VICES AND UTILITIES
IMPACT: PUBLIC SER VICES AND UTILITIES (the Specific Plan Project)
Impact:
The project will result in increased demand for all urban services, including police,
fire, schools, water, wastewater, electricity, gas, solid waste, and telephone.
Although these agencies have indicated that they have adequate facilities to serve the
project, mitigation measures to minimize demand upon the above services have been
recommended.
Findings
Based on the FEIR and the entire record before the Tustin City Council, the City Council finds that
changes or alterations have been incorporated into the project that will avoid the significant effects as
identified in the FEIR, by reducing potential effects to less-than-significant levels. The City Council
further finds that those measures which are within the responsibility and jurisdiction of an agency or
agencies other than the City of Tustin, can and should be adopted.
Facts in Support of Findings
Developers will work with the Tustin Police Department to reduce traffic congestion and to
incorporate appropriate equipment and security needs into project design. Project improvements are
required to conform with minimum fire flow and hydrant placement requirements. The Tustin
Unified School District assesses school facility fees upon commercial, residential, and industrial
development to minimize the incremental demand imposed by new projects. Measures to reduce
water consumption, solid waste disposal, and energy usage have been incorporated into project
design.
Exhibit A 17
FINDINGS OF FACT AND STATEMENT OF OVIRRIDING CONSIDERATIONS
VII. STATEMENT OF OVERRIDING CONSIDERATIONS
SUMMARY OF OVERRIDING CONSIDERATIONS
The Califomia Environmental Quality Act (CEQA) requires a decision-maker, in this case the Tustin
City Council, to balance the benefits of a proposed project against its unavoidable environmental
risks in determining whether to approve the project. If the Tustin City Council allows the occurrence
of significant effects through approval of a project, it must state its specific reasons for so doing in
writing. Such reasons are included in the "statement of overriding considerations."
Section 15093 of the CEQA Guidelines establishes the following requirements for a statement of
overriding considerations:
(a.)
CEQA requires the decision-making agency to balance, as applicable, the economic, legal,
social, technological, or other benefits of a proposed project against its unavoidable
environmental risks when determining whether to approve the project. If the specific
economic, legal, social, technological, or other benefits of a proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects may be
considered "acceptable."
(b)
When the lead agency approves a project which will result in the occurrence of significant
effects, which are identified in the final EIR but are not avoided or substantially lessened, the
agency shall state in writing the specific reasons to support its action based on the final EIR
and/or other information in the record. The statement of overriding considerations shall be
supported by substantial evidence in the record.
(c)
If an agency makes a statement of overriding considerations, the statement should be
included in the record of the project approval and should be mentioned in the notice of
determination. This statement does not substitute for, and shall be in addition to, findings
required pursuant to Section 15091.
The City of Tustin (hereafter referred to as "City") adopts and makes the following statement of
overriding considerations regarding the remaining unavoidable impacts identified within FEIR 90-1
as revised by Supplement #1 for the Project. In adopting Resolution No. 03-72, the Tustin City
Council states that it has weighed the benefits of the project against the adverse significant impacts
that have not been avoided or substantially lessened to less-than-significant levels through
mitigation.
The Tustin City Council hereby determines that the benefits of the project outweigh the unmitigated
adverse impacts and the project should be approved. The Tustin City Council finds that to the extent
that the identified significant adverse impacts have not been avoided or substantially lessened, there
are specific economic, legal, social, technological, or other considerations which support approval of
the project.
Exhibit A 18
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
SIGNIFICANT UNA VOIDABLE IMPACTS
Unavoidable or potentially unavoidable significant environmental effects of the project identified in
Final Supplement # 1 to FEIR 90-1 and Findings of Significant Impacts include the following (two
of the three relate to this Project):
Although project-generated emissions are not considered locally or regionally significant,
emissions, the standards for carbon monoxide, ozone, and particulates (PM10) are exceeded
in the South Coast Air Basin with or without the Project.
· The Specific Plan Project will contribute to significant noise level increases along McFadden
Avenue east of SR-55.
After mitigation, one of the fifteen intersections studied will still have an unacceptable level
of service for post-2020 with the Specific Plan Project, development of all cumulative
projects, and the buildout of the General Plans for the three cities nearest the project site.
ADOPTION OF OVERRIDING CONSIDERATIONS
The City specifically adopts this Statement of Overriding Considerations and finds that: a) as part of
the approval provisions, the project has eliminated or substantially lessened all significant effects on
the environment where feasible; b) other mitigation measures to mitigate the effects associated with
the project are within the jurisdiction of other public agencies, and, c) the remaining unavoidable
impacts of the project are acceptable in light of the environmental, economic, legal, social,
technological, and other considerations set forth herein, because the benefits of the project outweigh
the significant and adverse impacts.
The City finds that each of the overriding considerations set forth below constitutes a separate and
independent ground for finding that the benefits of the project outweigh its significant adverse
environmental impacts and is an overriding consideration warranting approval of the project. These
matters are supported by substantial evidence in the record.
FINDINGS OF 0 VERRIDING CONSIDERATIONS
A. Reduction in Traffic Congestion (this Project)
The proposed roadway improvements project (this Project) will improve north-south regional and
local circulation in Tustin by extending Newport Avenue southerly from its existing terminus to
Valencia Avenue thereby, providing a third north-south arterial in Tustin. This will link the area of
Tustin north of the Interstate 5 Freeway with the area to the south of the freeway. This Project will
also provide adequate capacity to accommodate existing and future local and regional traffic based
on the forecast traffic modeling described on Page 3 of the November 2001 Traffic and Circulation
Technical Report prepared by LSA Associates, Inc. (See Draft Supplement # 1).
Exhibit A 19
FINDINGS OF FACT AND STATEMENT OF OVIRRIDING CONSIDERATIONS
The improvements will reduce congestion on other City arterials such as Red Hill Avenue as
presented in the traffic analysis and summarized in Section VII of the Traffic Study. The
improvements will also improve levels of service on the SR-55 Freeway in the vicinity of Edinger
Avenue by reducing the weaving pattern and providing a greater separation between freeway ingress
and egress at the ramps. The levels of service on adjacent local intersections such as Red Hill
Avenue and Edinger Avenue will improve as shown in a comparison of the Intersection Capacity
Utilization worksheets located in Appendix D and Appendix E of the Traffic Study (see Draft
Supplement # 1).
B. Implementation of the Tustin General Plan (this Project)
Newport Avenue is designated as a Major Arterial on the County's Master Plan of Arterial Highways
and in the Circulation Element of the Tustin General Plan. Major Arterials are multilane roadways
designed to carry a substantial volume of local and regional traffic. They are also designed with
concentrated access locations and allow minimum driveways, which have been shown to reduce
roadway capacity due to the interruption of the steady progression of traffic. The widening and
extension of Newport Avenue will bring the roadway into conformance with these plans and provide
relief to other arterials such as Red Hill Avenue as shown in the Traffic Study. Conformity is a
requirement of the Orange County Growth Management Element to participate in the County's
Measure M Program, which is the primary transportation funding program for the County. One of
the goals of the County's Growth Management Plan Element is to reduce traffic congestion and
ensure that adequate transportation facilities are provided for existing and future residents. This
project will meet these goals. This project is also included as one of the planned transportation
improvements in the City's Growth Management Element of the General Plan.
C. The Specific Plan project will provide a comprehensive and coordinated development plan
which will provide for a variety of uses while providing design standards to unify the area and create
an architectural identity.
D. The Specific Plan project will provide a hotel facility in close proximity to a major corporate
office center, thus reducing total vehicle miles and contributing toward regional air quality goals.
E. The Specific Plan project site is located adjacent to a major freeway, is centrally located
within the County, and is easily accessed from major portions of the City. The Specific Plan Project
will provide approximately 12,290 new employment opportunities adjacent to existing residential
areas, thus reducing vehicle miles traveled, and will result in a long-term positive fiscal impact on
the City's General Fund and South Central Redevelopment Agency fund.
F. The Specific Plan project will result in resolving on-site drainage deficiencies identified in
the redevelopment plan associated with the lack of storm drains, upgrading of local water and sewer
facilities, and improved circulation within and near the project area. The Specific Plan Project will
also result in extending Newport Avenue southerly to Valencia Avenue consistent with a proposed
new SR-55 ramp design in order to provide another north-south arterial to the southern portion ofthe
City and improve access for circulation and public safety (Police and Fire) needs.
Exhibit A 20
Resolution No. 03-72
Exhibit B
Mitigation Monitoring and Reporting Program
For the Newport Avenue Extension
State Route 55 Northbound Ramp Reconfiguration
Valencia Avenue and Del Amo Avenue Widening
City of Tustin, California
SCH No. 1989091320
City of Tustin
300 Centennial Way
Tustin, CA 92780
Date Adopted: May 5, 2003
This Mitigation Monitoring and Reporting Program has been prepared in
accordance with the requirements of the California Environmental Quality Act
(CEQA) Section 21081.6. Its purpose is to provide for accomplishment of
mitigation measures required by Final Supplement #1 to Final Environmental
Impact Report 90-1 for the Newport Avenue Extension, State Route 55
Northbound Ramp Reconfiguration, and Valencia Avenue and Del Amo Avenue
Widening Project (State Clearinghouse Number 1989091320), located in the City
of Tustin, in the County of Orange.
The mitigation measures are included in Final Supplement #1 to Final EIR 90-1
and Final EIR 90-1 to mitigate or avoid significant impacts on the environment.
This program has been designed to ensure compliance during project
implementation.
Mitigation measures and implementation measures identified in Final Supplement
#1 to Final EIR 90-1 and Final EIR 90-1 have been incorporated into a checklist.
Each mitigation measure and implementation measure is listed separately on the
checklist with appropriate spaces for monitoring the progress of implementation
of each measure.
The following information is identified for each measure listed on the checklist:
· The timing of implementation of the mitigation measure or
implementation measure.
· The appropriate agency to enforce the mitigation measure or
implementation measure.
Mitigation Monitoring and Reporting Program Management
The project includes a number of mitigation measures. To coordinate
implementation of the Mitigation Monitoring and Reporting Program, a regular
review of the progress of the program is required.
Annual Review of Mitigation Monitoring and Reporting Program
The overall management of the Mitigation Monitoring and Reporting Program
will be managed by the City of Tustin. The City will undertake an annual review
of the Mitigation Monitoring and Reporting Program and prepare a brief
memorandum based on that review. The memorandum should be transmitted to
the City Council for acceptance after completion. The Community Development
Director, or designee, will check each mitigation measure in the Mitigation
Monitoring and Reporting Program to determine whether or not that measure is
complete. If the mitigation measure has been completed for the project, the
reviewer should line through the mitigation measure on the form, and initial and
date the line indicating that the mitigation measure has been completed.
For measures that require a report, program, or plan, the reviewer should
determine if that report, program, or plan is due based on the progress of
implementing the program to date. If the report, program, or plan is timely, that
fact should be reported in the review memorandum to the City Council. If no
such program is necessary at the time, the memorandum should so state.
For measures that are ongoing measures, the memorandum should report whether
these measures are actively being pursued, and if not, what action is appropriate.
If the measures are no longer appropriate or necessary because the environmental
effect is no longer an issue, then that fact should be reported in the review
memorandum, and the discontinuation of the mitigation measure recommended.
If measures are not being implemented adequately, recommendations should be
made to improve the application of the mitigation measure.
For measures that apply at the project level, the memorandum should report
whether or not such measures are being actively applied to individual projects. If
the measures are no longer appropriate or necessary because the environmental
effect is no longer an issue, then that fact should be reported in the review
memorandum, and the discontinuation of the mitigation measure recommended.
If measures are not being implemented adequately, recommendations should be
made to improve the application of the mitigation measure.
Implementation of Program-Level Mitigation Measures
Program-level mitigation measures are measures that do not apply to individual
development projects, but which apply at the overall program level. They are
implemented through the regular actions of the City of Tustin. These measures
are reviewed and monitored through the annual program review discussed above.
Implementation of Project-Level Mitigation Measures
Project-level mitigation measures are monitored through the City's planning
review process and discretionary project review. When plans are submitted for
review, each respective plan reviewer will have a copy of the Mitigation
Monitoring Checklist including all pages that contain measures applicable to the
project. Before approving plans, the reviewer will ensure that the mitigation
measures are incorporated into building plans, site plans, public improvement
plans, etc.
Project-Design Mitigation Measures
A project-design mitigation measure is a measure that needs to be incorporated
into the project design as part of any project approval; for example, traffic
improvements or exterior lighting plans. Such measures may be normally shown
on the building plans, site plans, public improvement plans, specifications, or
other project documents. The mitigation monitoring checklist will be used to
check off those mitigation measures required. If a mitigation measure is not
shown on the appropriate plan sheets, plans will be sent back for incorporation of
those mitigation measures or approved equivalents. Plans will not be approved
until each mitigation measure is incorporated into the project design.
After plans are approved, and before any component of design is approved as
complete by the appropriate city in its inspection, the project proponents will
submit proof that each mitigation measure shown on the plans has been installed
or incorporated into the constructed project. Verification of compliance will then
be noted on the monitoring checklist and signed off, completing the process for
this category of mitigation measure.
The monitoring program for measures to be incorporated into project design is the
same program that is currently used to verify compliance with applicable City
codes in design and construction. No additional staffing is required, except that
training may be appropriate to alert inspectors to the new requirements and the
use of the monitoring checklist. In case of some specific unique or unusual
mitigation measures, it may be appropriate or necessary to contract with
consultants for inspection or verification of mitigation measures.
Construction Mitigation Measures
Construction mitigation measures are measures designed to reduce the impacts of
construction and, in general, are required to be maintained in operation
continually during construction. Monitoring will be verified by building, public
works, or grading inspectors as appropriate during their regular visits to the sites
during construction and reported to the Public Works Director or designee.
Reporting of compliance with mitigation measures should be required at least
monthly, with reports of violations made immediately to the appropriate
department.
Operational Mitigation Measures
Operational mitigation measures are intended to verify the implementation of
mitigation measures that will continue after the project is occupied and in
operation. These mitigation measures should be verified on an annual basis, and
if problems are noted, reinspected on a more regular basis until the measure is
operating effectively. Monitoring of such measures may be certified by the
applicants/operators with verification by the applicable city. In that event, each
applicable city shall exercise its independent judgment in verifying compliance.
Mitigation Measures Versus Implementation Measures
Final Supplement #1 to Final EIR 90-1 identifies both mitigation measures and
implementation measures. Implementation measures are not mitigation measures.
They are state or federal regulations and/or required by the Uniform Building
Codes adopted by the City.
Implementation measures may be required where environmental impacts are less
than significant, but state or federal regulations or City ordinances required their
implementations. For these purposes, both implementation measures and
mitigation measures are identified in this Mitigation Monitoring and Reporting
Program and equally are enforceable.
Availability of Mitigation Monitoring and Reporting Program
The completed Mitigation Monitoring and Reporting Program checklist will be
retained in each program and project file and will be available for public
inspection upon proper request.
Monitoring Program Fees
For major projects for which the mitigation monitoring effort is substantial, it may
be appropriate to charge mitigation monitoring fees to support the actual costs of
project-level mitigation monitoring. In such cases, the City will charge and
collect from the project proponent a fee in the amount of the anticipated actual
cost to the City for monitoring all mitigation measures, including consultant
services and costs of administration, for a project as described in this program. A
deposit may be required by the City to be applied toward this fee, if established by
City resolution or ordinance. Any unused portion of the deposit will be refunded.
In the case of a project where the applicant will not be associated with the project
after construction, the City will charge the anticipated cost of operation of the
Mitigation Monitoring and Reporting Program for an appropriate period in
advance.
Sanctions/Penalties
The City may levy sanctions or penalties established by resolution or ordinance
for violations of conditions listed in the monitoring program. These sanctions and
penalties may include:
2.
3.
4.
5.
6.
Civil penalties/fines according to City codes.
"Stop work" orders.
Revocation of permits.
Holding issuance of Certificate of Occupancy until completion of work.
Forfeiture of performance bonds.
Agency implementation of measures with appropriate charges to the
applicant based on Mitigation Monitoring and Reporting Program
agreements.
Dispute Resolution
In the event of a disagreement between the City and project applicants/operators
regarding the monitoring program, including manner of payment, penalties for
noncompliance, and financial security arrangements, the following procedure, or
other appropriate procedure as provided for in the Tustin City Code or CEQA
Guidelines, will be followed:
The City's representative will attempt to resolve the disagreement. If the
disagreement cannot be resolved, the City's representative will prepare a report
documenting the source of the dispute and the City' s position.
2. The City's representative will take the report before the Community Development
Director who will determine the resolution of the disagreement.
,
The decision of the Community Development Director may be appealed to the
City Council on payment of the City's standard fee for appeal. The decision of
the City Council shall determine the outcome of the appeal.
.E