HomeMy WebLinkAboutC.C. RES 03-072RESOLUTION NO. 03-72
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'EXTENSlON, 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
B.
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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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.
ii.
The Findings of Fact and Statement of Overriding Considerations set forth in
Exhibit A, and incorporated herein by this reference, are adopted.
iii.
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.
iv.
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.
v.
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 FI:IR 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.
vi.
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.
vii.
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,
he id on the 5th day of May, 2003.
IR 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:
WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS
NONE
NONE
--
NONE
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
SCHNo. 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
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 California 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 turn 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 Arno Avenue no longer needed for street purposes will be vacated
after the project. The realignment of Del Amo 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 OVERRIDING CONSIDERATIONS
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.
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 OVERRIDING 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 of a district, the City will undertake
a funding and benefit analysis of the proposed improvements to determine the appropriate level
of fi.mding. 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:
1.
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the final EIR.
2.
Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can and should be adopted by such other agency.
3.
Specific economic, legal, social, technological, or other considerations make infeasible the
mitigation measures or project alternatives identified in the final EIR.
These findings accomplish the following:
1.
They address the significant environmental effects identified in the Supplemental EIR for the
proposed Project.
2.
They incorporate all mitigation measures associated with these significant impacts identified
in Final Supplement #1 to FEIR 90-1.
3.
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 OVERRIDING 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.
V.
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 QUALITYIMPACT (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 OVERIDING CONSIDERATIONS
NOISE
IMPACT:
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 OVERRIDING 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 taming 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
significm~t 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 OVECRIDING 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 of the 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 OVERRIDING 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 #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
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 OVELRIDING 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 ofTustin, 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 OVtRRIDING 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 bythe
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 OVtRRIDING CONSIDERATIONS
Impact:
Any new structure constructed on-site above 60 feet in height will penetrate the 100:1
Notice Surface pursuant to FARPart 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 f'mds 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: B uildout 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 OVERRIDING CONSIDERATIONS
AIR QUALITY
IMPACT:
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 OV]RRIDING 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 OVERRIDING 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 SERVICES AND UTILITIES
IMPACT: PUBLIC SERVICES 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 0VtRRIDING CONSIDERATIONS
VII. STATEMENT OF OVERRIDING CONSIDERATIONS
SUMMARY OF OVERRIDING CONSIDERATIONS
The California 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. Ifthe 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 wlfich 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 0 VERRIDING 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 OVtRRIDiNG 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 app~6x;~d '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.
3.
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.
Mitigation Monitoring and Reporting Program
Mitigation Measures for Aesthetics
Community Development shall review plans for compliance
Prior to approval of
City of Tustin
Mitigation
with the Signage Concept in the specific plan to ensure
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Community Development shall review on-site shade/shadow
Prior to issuance of
Responsibility
ResponsibilitV
Mitigation Measures for Aesthetics
Community Development shall review plans for compliance
Prior to approval of
City of Tustin
Community
with the Signage Concept in the specific plan to ensure
site plans
Development
project lighting is not directed into adjacent residential areas.
Department
Community Development shall review on-site shade/shadow
Prior to issuance of
City of Tustin
Community
impacts of proposed office towers in P1arming Area 10 during
building permits
Development
the required Concept Plan Review (Section 5.0 of the specific
i
Department
plan) submittal and for each subsequent site plan for Planning
Area 6, 8
Lighting north of Edinger Avenue shall be screened to reduce
Prior to approval of
City of Tustin
Community
glare.
street improvement
Development
plans, site plans and
Department
building permits
All mechanical equipment shall be screened.
Prior to approval of
City of Tustin
Community
site plans and building
Development
permits
Department
Mitigation Measures for Agriculture Resources
Interim. agricultural uses may be permitted while the City of Tustin Community
development occurs within the specific plan area provided Development
that the uses comply with provisions of the Pacific Center Department
East Specific Plan.
Mitigation Measures for Air Quality
Upon grading plan review, the Community Development Ongoing during City of Tustin Community
Department shall indicate when construction periods are grading Development
prohibited. The impact of short-term construction generated Department
emissions shall be reduced to the extent feasible by the
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Responsibility
Responsibility
following measures:
• Construction related dust shall be reduced, particularly
during the driest summer months, by periodically watering
and by paving the area proposed for parking as soon as
possible
• No grading shall take place when wind velocity in the
vicinity exceeds 15 miles per hour.
Grading shall be prohibited during second -stage smog alerts.
The project shall comply with all existing SCAQMD rules and
Ongoing by inspection
SCAQMD
SCAQMD
regulations. SLAG and AQMD shall monitor compliance.
In order to reduce motor vehicle emissions, project employers
Prior to issuance of
SCAQMD and W
with more than 100 employees shall prepare a TDM
occupancy permits and
Community
(Transportation Demand Management) program. In addition,
all employers with 50-100 employees shall participate in a
reviewed regularly
Development
mandatory TDM after 1995 and may participate in a
De P
Department
voluntary TDM program required of the applicant prior to
1995. However, changes in Rule XV may supersede these
requirements. Additional TDM mitigations are required in
Section 3.5 of Final EIR 90-1.
As well as the preparation of a TDM program, the following
Prior to approval of
City of Tustin
Community
measures shall be implemented to reduce motor vehicle
site plans
Development
emissions:
Department
• The specific plan includes a mixture of land uses which
provide full service to area employees (e.g. banks,
restaurants, day care, postal service).
• Installation of bike lanes adjacent to the project on
Newport Avenue and Valencia Avenue encourage bicycle
use. Bike racks will also be installed on-site with
construction of new develo ment.
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Responsibility
Responsibility
• Project in lieu fees for a day care center in the early
phases of the project to reduce vehicular trips.
• Voluntary transportation management program for
existing employers with fewer than 100 employees until
1995 or when required by Rule XV.
• Mandatory transportation management program for future
employers employing more than fifty employees after
1995 if not mandated by Rule XV.
• Elimination of on -street parking along Newport Avenue
extension.
• The specific plan requires development of pedestrian
walkways and related amenities; shades trees, passive
plazas and courtyards, meandering sidewalks, thematic
intersection linking office and commercial areas.
Preferential parking for vanpools in parking structures.
The transportation improvements recommended in Section
Prior to approval of
City of Tustin
Community
3.5 of FEIR 90-1 shall be designed to improve traffic flow.
street improvement
Development
plans
Department
Please refer to Section 3.8 of FEIR 90-1 for appropriate
Prior to issuance of
City of Tustin
Community
energy conservation measures which could reduce the
occupancy permits
Development
stationary source emissions produced by the project.
Department
The applicant shall operate street sweepers on paved roads
Ongoing inspection
City of Tustin
Public Works
adjacent to the site, based on guidelines provided by Public
during construction
Department
Works.
Construction parking shall be contiguous to minimize traffic
Prior to issuance of
City of Tustin
Public Works
interference.
grading permits
Department
Construction vehicular/equipment operations shall be
Prior to issuance of
City of Tustin
Public Works
scheduled to minimize impacts on peak hour traffic and to
grading permits
Department
minimize obstruction of through traffic lanes on Edinger
Avenue.
Mitigation Measures for Cultural Resources
The City of Tustin shall contact the Native American
Heritage Commission for a Sacred Lands File Check and a
list of appropriate Native American contacts.
Prior to grading
activities
City of Tustin
Mitigation
As part of the construction contract, the City of Tustin shall
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
recognition of any human remains in any location other than
Responsibility
Responsibility
Mitigation Measures for Cultural Resources
The City of Tustin shall contact the Native American
Heritage Commission for a Sacred Lands File Check and a
list of appropriate Native American contacts.
Prior to grading
activities
City of Tustin
Community.
Development
As part of the construction contract, the City of Tustin shall
Prior to grading
City of Tustin
Public Works
require that in the event of the accidental discovery or
activities
Department
recognition of any human remains in any location other than
a dedicated cemetery, the following steps shall be taken:
(1) There shall be no further excavation or disturbance of
the site or any nearby area reasonably suspected to
overlie adjacent human remains until:
(A) The Orange County Coroner is contacted to
determine that no investigation of the cause of
death is required; and,
(B) If the coroner determines the remains to be
Native American:
1. The City of Tustin shall ask the coroner to
contact the Native American Heritage
Commission within 24 hours.
2. The City of Tustin shall ask the Native
American Heritage Commission to identify
the person or persons it believes to be the
most likely descended from the deceased
native American.
3. The most likely descendent may make
recommendations to the landowner or the
person responsible for the excavation work,
for means of treating or disposing of, with
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Res onsibili
Responsibility
appropriate dignity, the human remains and
any associated grave goods as provided in
Public Resources Code Section 5097.98.
(2) Where the following conditions occur, the landowner
or his authorized representative shall rebury the
Native American human remains and associated grave
goods with appropriate dignity on the property in a
location not subject to further subsurface disturbance.
(A) The Native American Heritage Commission is
unable to identify a most likely descendent or
the most likely descendent failed to make a
recommendation within 24 hours after being
notified by the commission;
(B) The descendant identified fails to make a
recommendation; or,
(C) The landowner or his authorized representative
rejects the recommendation of the descendant,
and the mediation by the Native American
Heritage Commission fails to provide measures
acceptable to the landowner.
If historical or unique archaeological resources are
During Construction
City of Tustin
Public Works
accidentally discovered during construction and the find is
Department
determined to be an historical or unique archaeological
resource, the City shall require as part of the construction
contract that contingency funding and a time allotment
sufficient to allow for implementation of avoidance measures
or appropriate mitigation shall be made available. Work may
continue on other areas of the project site while historical or
unique archaeological resource mitigation takes place.
Measure
Timing &
Implementation
Mitigation
Compliance
Responsibility
Mitigation
Monitoring and
Enforcement
Responsibility
Prior to Caltrans encroachment permit approval, the City of
Prior to Caltrans
City of Tustin
Public Works
Tustin shall complete a Cultural Resource Assessment
encroachment permit
Department
pursuant to Caltrans Environmental Handbook, Volume 2,
approval
Appendix B-1, and Exhibit 1, as amended.
If any archaeological remains are uncovered during excavation,
Ongoing during
City of Tustin
Community
work in the affected area shall be suspended. In such an event,
grading or excavation
Development
a recognized specialist from an established institution shall be
Department
hired to conduct a survey of the affected area. All actions taken
under this measure will be in accordance with the State CEQA
Prior to approval of
City of Tustin
Community
Guidelines.
building permits
Development
Mitigation Measures for Geology and Soils
A comprehensive geotechnical and soils investigation shall
Concurrent with
City of Tustin
Community
be performed by any developer on each individual building
submittal of site plans
Development
site to develop preliminary soils engineering design data to be
Department
reviewed and approved by the Community Development
Department.
The Community Development Department shall review
Prior to approval of
City o Tustin
Community
grading plans to assure a minimum of 2.0 feet of compact fill
grading permits
Development
soil beneath the bottom of proposed foundations is provided
Department
for one- and two-story structures.
The Community Development Department shall review
Prior to approval of
City of Tustin
Community
building plans to assure that foundation depths for one- to
building permits
Development
three-story structures are 24 inches below grade due to the
Department
expansive soil conditions within the majority of the parcels.
The depths of foundations for structures shall be
commensurate on the maximum loads generated.
The Community Development Department shall require that
Prior to approval of
City of Tustin
Community
all foundations include reinforcements, as shall slabs on-
building permits
Development
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Res onsibili
Responsibility
grade and concrete flatwork. A bearing value on the order of
i
Department
2,000 pounds/square foot (with increases as applicable) will
be anticipated for proportioning conventional foundations.
The Community Development Department shall require
Prior to approval of
City of Tustin
Community
special considerations for high-rise structures to assure
building permits
Development
adequate foundation design.
-
Department
The Community Development Department shall review the
Prior to approval of
City of Tustin
Community
proposed pavement `R' values, if possible, toward the end of
street improvement
Development
grading operations when the upper 2.0 feet of the soil are
and site plans
Department
identified due to the variety of soils in the area and the
possibilities of soils being blended or imported during grading.
All structures will be developed in accordance with the
Community
City of Tustin
Community
seismic design provisions of the Uniform Building Code and
Development
Development
monitored during plan check and consideration by the
Department
Department
Community Development Department.
Prior to issuance of grading permits, any developer shall
Prior to approval of
City of Tustin
Community
submit a pesticides/toxicity report acceptable to the
grading permits
Development
Community Development Department which identifies any
Department
pesticide "hot spots" and recommends procedures for
necessary soil mixing or removal.
Mitigation Measures for Hazards and Hazardous Materials
All submitted site plans (for the entire project area) which Prior to site plan City of Tustin Community
propose structures over 60 feet in height shall be submitted to approval Development
the Federal Aviation Administration and Airport Land Use Department
Commission for review and approval. Evidence of comments
or approval should be provided to Community Development.
If uses are proposed on-site which include storage or use of
Ongoing inspections
City of Tustin and
Community
toxic materials, all handling and storage of toxic materials
Orange County Fire
Development and
Implementation Measures for Hazards and Hazardous Materials
In the event that construction cranes or other equipment
Prior to construction
City of Tustin
Mitigation
exceeding sixty (60) feet in height are needed to construct the
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
request to use such equipment be submitted to the Federal
Responsibility
shall comply with Orange County Fire Department and City
Prior to approval of
-Responsibility
Authority
Orange County Fire
regulations for hazardous and toxic materials. Community
grading plans
Authority
Development Department and the Orange County Fire
Department shall assure compliance.
Prior to approval of
City of Tustin
Public Works
Implementation Measures for Hazards and Hazardous Materials
In the event that construction cranes or other equipment
Prior to construction
City of Tustin
Community
exceeding sixty (60) feet in height are needed to construct the
grading plans
Development and
proposed project, the construction contract shall require that a
Public Works
request to use such equipment be submitted to the Federal
Departments
Aviation Administration and the Airport Land Use
Prior to approval of
City of Tustin
Public Works
Commission for Orange County for review and approval.
grading plans
Department
Mitigation Measures for Hydrology and Water Quality
A 5.4 -acre downstream area within the F09P 15 facility basin
Prior to approval of
City of Tustin
Public Works
shall be graded to flow within the F08 facility basin via storm
grading plans
Department
drains in the proposed Newport Avenue extension and Del
Amo Avenue.
Final grading shall conform to the drainage concept of the
Prior to approval of
City of Tustin
Public Works
specific plan to ensure that project storm runoff does not
grading plans
Department
exceed the capacity of local storm drain systems.
On-site flooding shall be prevented by redirecting the flow to
Prior to approval of
City of Tustin
Public Works
locations with adequate drainage facilities and by pumping
grading plans
Department
during peak events.
An earthen berm shall be placed along the northern perimeter
Prior to approval of
City of Tustin
Public Works
of the site to protect it from flooding in the event of Santa Fe
grading plans
Department
Channel overtopping.
The following measures are recommended to help reduce
Ongoing periodic
City of Tustin
Public Works
project -generated storm water pollution:
inspections
Department
0 Periodic cleaning i.e., street sweeping) of paved areas to
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Responsibility
Res onsibili
remove small particle -size sediments with absorbed
pollutants caused by users of the area.
• Routine cleaning of manholes and catch basins to remove
sediment and debris.
• Carefully controlling pesticides and fertilizer usage.
• Source control surveys of all industrial facilities to
determine possible contributors to storm water pollution,
especially those facilities at which storage or handling of
hazardous or toxic chemicals takes place.
• Controlling washdown drainage from industrial facilities.
In some cases, disposal to sanitary sewers may be
required.
• Providing information to residents on disposal of pet
wastes, waste oil and grease, and pesticide containers.
Soil on graded slopes shall be strengthened by planting in
Prior to approval of
City of Tustin
Public Works
accordance with the landscape concept plan presented in the
landscape plans
Department
Specific Plan. Straw, wood chips, or plastic should be used as
stabilizing agents in the interim period before the groundcover
i
takes hold.
Landscaping irrigation systems should be controlled
Prior to approval of
City of Tustin
Public Works
automatically to ensure watering during early morning or
permits for
Department
evening hours to reduce evaporation losses.
landscaping
Plumbing fixtures to reduce water usage and loss should be
Prior to issuance of
City of Tustin
Public Works
utilized (i.e. low-volume toilet tanks, flow control devices for
building permits
Department
faucets, etc.) in accordance with Title 24 of the California
Administrative Code.
City of Tustin
Drought -tolerant plants should be incorporated into project
Prior to issuance of
Public Works
design from the plant palette in the specific plan whenever
permits for
Department
possible.
landscaping
The realigned flood control channel shall be designed in I
I
City of Tustin and
Public Works
Mitigation Measures for Land Use
Any properties acquired by the City of Tustin or Tustin I As needed I City of Tustin Community
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Responsibility
Responsibility
accordance with the standards and criteria of the OCFCD
OCFCD
Department and
including, but not limited to, those defined in the Orange
OCFCD
County Hydrology Manual (OCHM), Addendum No. 1 to the
OCHM, and Orange County Flood Control Design Manual.
The design of the proposed channel improvements shall be
City of Tustin and
Public Works
accomplished concurrently with regulatory permit
OCFCD
Department and
applications, which shall be reviewed and approved by
OCFCD
OCFCD
An agreement to establish the terms and conditions under
City of Tustin and
Public Works
which the channel improvements will be constructed and
OCFCD
Department
accepted by OCFCD shall be required between the City of
Tustin and OCFCD.
The City of Tustin shall request a Letter of Map Revision
City of Tustin
Community
(LOMR) from the Federal Emergency Management Agency
Development
for any changes to the 100 -year flood plain.
All work within the State Right -of -Way shall conform to
City of Tustin
Public Works
Caltrans Standard Plans and Standard Specifications for
Department and
Water Pollution Control including production of a Water
Caltrans
Pollution Control Program or Storm Water Pollution
Prevention Plan as required. The City of Tustin shall provide
to Caltrans a copy of the Storm Water Pollution Prevention
Plan (SWPPP),, including Water Pollution Control Drawings
(WPCD) and Best Management Practices (BMPs) to be
implemented for construction activities impacting Caltrans
Right -of -Way, as required by the NPDES Statewide Storm
Water Permit for General Construction Activities.
Mitigation Measures for Land Use
Any properties acquired by the City of Tustin or Tustin I As needed I City of Tustin Community
Mitigation Measures for Noise
The City of Tustin shall incorporate into the design of the
Prior to final design of
City of Tustin
Mitigation
extension and widening of Newport Avenue south of
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
measures identified in the 2002 Noise Attenuation Plan, as
Extension.
Res onsibili
Responsibility
Community Redevelopment Agency, the State and/or Caltrans
Development
shall be acquired at fair market value. When the City or any
Department
agency acquires property, the City or any agency shall be
responsible for providing relocation assistance to persons and
businesses displaced in accordance with all state requirements.
In addition, the Community Development and Public Works
Departments shall ensure that adequate fire and vehicle access
shall be provided for all affected properties.
Community Development shall review each site pian to
Prior to approval of
City of Tustin
Community
ensure that it conforms to the approved development and land
site plans
Development
use concepts included in the specific plan.
Department
With submittal of the street improvement plans by the
Prior to approval of
City of Tustin
Community
applicant for Newport Avenue extension, Community
street improvement
Development
Development shall assure that adequate fire access for the
plans
Department
Newpointe (Archstone) apartments is provided and that a
vehicle access road for the Cosmopolitan apartments (Tustin
Grove) is provided, if deemed necessary.
The provisions of the Specific Plan require certain dedications
Prior to approval of
City of Tustin
Community
as a condition of development. Where necessary, the Tustin
street improvement
Development
Community Redevelopment Agency and/or City will negotiate
plans
Department
acquisition of those properties necessary for circulation
improvements not required to be dedicated as a condition of
development.
Mitigation Measures for Noise
The City of Tustin shall incorporate into the design of the
Prior to final design of
City of Tustin
Public Works
extension and widening of Newport Avenue south of
Newport Avenue
Department
Sycamore Avenue and implement the noise attenuation
Widening and
measures identified in the 2002 Noise Attenuation Plan, as
Extension.
Mitigation Measures for Public Services
If determined to be necessary by the Tustin Police
Prior to issuance of
City of Tustin
Mitigation
f
Timing
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
project design includes requirements of the Uniform Security
building permits
Responsibility
Responsibility
appropriate.
The project shall comply with all City policies regarding noise,
Prior to issuance of
City of Tustin
Community
including limited construction hours as specified in the City of
building permits
Development
Tustin Noise Ordinance and the use of properly maintained
Department
muffler systems on all construction equipment.
Construction equipment, fixed or mobile, operated within 1,000
Prior to issuance of
City of Tustin
Community
feet of a dwelling unit shall be equipped with properly
grading permits
Development
operating and maintained muffler exhaust systems.
Department
In conjunction with Newport Avenue widening, restriping,
Prior to approval of
City of Tustin
Community
and extension, sound attenuation shall be evaluated and
street improvement
Development
implemented in the vicinity of location 7. The applicant shall
plans
Department
fund its proportional share of the noise monitoring and sound
attenuation implementation program, based on a cost estimate
approved by Community Development. These fees shall be
deposited concurrently with submittal of street improvement
plans for the Newport Avenue extension.
When building permits are submitted, all applications shall be
Prior to issuance of
City of Tustin
Community
reviewed by Community Development for compliance with
building permits
Development
the most recent John Wayne Airport noise regulations.
Department
A Construction traffic plan shall be approved by Public Works
Prior to issuance of
City of Tustin
Community
and Community Development Department.
grading permits
Development and
Public Works
Department
Mitigation Measures for Public Services
If determined to be necessary by the Tustin Police
Prior to issuance of
City of Tustin
Community
Department, on-site security personnel will be required.
building permits
Development
The Community Development Department shall assure
Prior to issuance of
City of Tustin
Community
project design includes requirements of the Uniform Security
building permits
Development
Code as amended.by the City, including provision of proper
Mitigation Measures for Transportation/Traffic
Newport/Sycamore — The City shall ensure the
At 8,000 ADT from
City of Tustin
Mitigation
implementation of the following mitigation improvement:
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
southbound through lane, add a second eastbound left -turn
Res onsibili
Responsibility
lighting to reduce darkened areas, adequate building
addressing sensitive review of landscaping to ensure it does
At 8,000 ADT from
City of Tustin
Public Works
not provide dense cover, and building which have passive
the Pacific Center East
Department
and/or over surveillance opportunities.
project
All developments shall be required to comply with all OCFA
Prior to issuance of
City of Tustin
Community
requirements related to fire flow, installation where required
building and
City of Tustin
Development
of fire hydrants, and compliance with all requirements related
occupancy permits
to construction.
Any development is required to participate in funding of
Prior to issuance of
City of Tustin
Community
school facilities through the existing school facility fee
building permits
Development
program, or execution of some other voluntary agreement
Department
with the school district of a condition of issuance of building
permits. The agreement shall be filed with Community
Development prior to issuance of building permits
Cable television franchises shall review plans to assure
Prior to approval of
City of Tustin
Public Works
appropriate easements will be provided for any new cable
site plans
Department
television facilities required and submitted concurrent with
street improvement plans.
Mitigation Measures for Transportation/Traffic
Newport/Sycamore — The City shall ensure the
At 8,000 ADT from
City of Tustin
Public Works
implementation of the following mitigation improvement:
the Pacific Center East
Department
add a second northbound left -turn lane, add a third
project.
southbound through lane, add a second eastbound left -turn
lane, and add a westbound left -turn lane.
SR -55 SB Ramps/Edinger — The City shall ensure the
At 8,000 ADT from
City of Tustin
Public Works
implementation of the following mitigation improvement:
the Pacific Center East
Department
add a third eastbound through lane, add a second westbound
project
left -turn lane, and add a third westbound through lane.
Red Hill/Edinger — The City shall ensure the implementation
At 6,000 ADT from
City of Tustin
Public Works
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Responsibility
Responsibility
of the following mitigation improvement: add a third
the Pacific Center East
Department
northbound through lane, add a second southbound left-turn
project
lane, and add a third westbound through lane.
Red Hill/Valencia — The City shall ensure the implementation
At 12,000 ADT from
City of Tustin
Public Works
of the following mitigation improvement: add a second
the Pacific Center East
Department
northbound left-turn lane, add a second right-turn lane, add
project
an eastbound free right-turn lane, and add a westbound right-
turn lane.
Red Hill/Warner — The City shall ensure the implementation
At 26,000 ADT from
City of Tustin
Public Works
of the following mitigation improvement: add a southbound
the Pacific Center East
Department
right-turn lane.
proj ect
Lyon/Edinger — The City shall ensure the implementation of
At 22,000 ADT from
City of Tustin
Public Works
the following mitigation improvement: re-stripe the south leg
the Pacific Center East
Department
to include one northbound left, two northbound throughs, and
project
one northbound right turn lane. This improvement will
require widening the north leg (east side) to accommodate the
second northbound through lane.
Ritchey/Edinger — The City shall ensure the implementation
At 4,000 ADT from
City of Tustin
Public Works
of the following mitigation improvement: add a dedicated
the Pacific Center East
Department
southbound right-turn lane.
roj ect
Newport/Edinger — The City shall ensure the implementation
At 8,000 ADT from
City of Tustin
Public Works
of the following mitigation improvement: add a southbound
the Pacific Center East
Department
free right-turn lane instead of a dedicated right-turn lane. The
project
Pacific Center East fair share percentage obligation for this
improvement is 32 percent.
Development within the Pacific Center East project area shall
In conjunction with
City of Tustin
Public Works
participate in its fair share (ten percent) of improvements for
improvements for
Department
potential widening of Red Hill Avenue south of Valencia
potential widening of
Avenue to MacArthur Boulevard
Red Hill Avenue
Prior to the issuance of development permits for new or
Prior to the issuance of
City of Tustin
Public Works
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Res onsibili
Responsibility
expanded non-residential projects with 100 or more
development permits
Department
employees within the Pacific Center East project area, TDM
for new or expanded
measures shall be imposed. If not required under individual
non-residential
TDM plan, other transportation management measures shall
projects with 100 or
be implemented.
more employees
within the Pacific
Center East project
area
Newport Avenue north of Sycamore Avenue shall be
At 8,000 ADT from
City of Tustin
Public Works
reconfigured from four to six lanes. However, on -street
the Pacific Center East
Department
parking will be removed.
project
Any development within the Pacific Center East project area
Prior to approval of
City of Tustin
Public Works
shall provide fair share funding for the two recommended
applicable street
Department
new signals along Newport Avenue, any required upgrades
improvement plans
for the Edinger Avenue/Del Amo Avenue existing signal and
fair share funding of the Newport AvenueNalencia Avenue
signal (if required) which shall be considered above and
beyond any TSIA fee contributions
i
Bus turnouts shall be provided where identified in the
Prior to approval of
City of Tustin
Community
specific plan and included in the street improvement plan.
street improvement
Development and
The area adjacent to each stop should include a paved
plans, site plans and
Public Works
passenger waiting area complete with a bus shelter and
building permits
Departments
bench. A paved, lighted, and handicapped accessible
pedestrian accessway should be provided between each stop
and the project buildings. All design -related issues
associated with bus stop facilities shall be subject to review
and approval of OCTD, City of Tustin Community
Development Department, and Public Works Department.
Prior to submittal of application for building permits within
Prior to submittal of
City of Tustin
Public Works
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
I
Responsibility
Responsibility
the Pacific Center East project area, every applicant shall pay
application for
Department
fees required for areawide circulation improvements under
building permits
the Transportation System Improvement Program (TSIP), or
within the Pacific
any subsequent action regarding payment of areawide
Center East project
circulation improvements adopted by the City Council and in
area
i
effect.
Development within the Pacific Center East project area shall
In conjunction with the
City of Tustin
Public Works
participate in its fair share obligation (45 percent) of
public improvements
Department
improvements for the northbound SR -55 ramps at Edinger
Avenue, including the Newport Avenue extension south of
i
Edinger Avenue and Del Amo Avenue between Edinger
Avenue and the Newport Avenue extension.
Development within the Pacific Center East project area shall
In conjunction with the
City of Tustin
Public Works
participate in its fair share obligation (32 percent) of
improvements
Department
improvements for the Newport Avenue extension north of
Edinger Avenue.
Development within the Pacific Center East project area shall
In conjunction with the
City of Tustin
Public Works
participate in its fair share obligation (65 percent) of
improvements
Department
improvements for the Del Amo Avenue/Edinger Avenue
intersection.
Development within the Pacific Center East project area shall
In conjunction with the
City of Tustin
Public Works
participate in its fair share obligation (36 percent) of
improvements
Department
improvements for the Newport Avenue extension/Valencia
Avenue intersection.
The City of Tustin shall ensure that arterial intersection
City of Tustin
Public Works
improvements as indicated in Exhibit 13 of Draft Supplement
Department
#1 to Final EIR 90-1 are implemented according to the
cumulative ADT thresholds identified and according to the
fair share basis noted. The ADT threshold represents the
traffic volume which would result in an impact and the fair
Mitigation Measures for Utilities and Service Systems
The on-site water system improvements including 12 -inch
Prior to issuance of
City of Tustin
Mitigation
building permits
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Responsibility
Responsibility
share percentage obligation reflects the percent of traffic
impact resulting from Pacific Center East project traffic.
Alternative improvements that provide an equivalent level of
City of Tustin
Public Works
mitigation in 2020 to what is identified in mitigation
Department
measures TT -2, TT -5, TT -6, and TT -7 may be identified in
consultation between the City of Tustin and the City of Santa
Ana.
Prior to approval of a site development permit or vesting
Prior to approval of a
City of Tustin
Community
tract, except for financing and conveyances purposes for
site development
Development
property located in Pacific Center East Specific Plan
permit or vesting tract
Planning Areas 5, 6, and 10, a project developer shall enter
into an agreement with the City of Tustin to assign
improvements required in Supplement #1 to Final EIR 90-1
to the development site and which requires participation in a
fair share mechanism for design and construction of required
project related on-site improvements identified and arterial
mitigation measures consistent with thresholds herein.
The applicant shall submit plans for the Newport Avenue
Prior to approval of
City of Tustin
Community
underpass or overcrossing and removal of the Newport Lead
construction plans
Development
to the Public Utilities Commission (PUC) and the AT&SF
Department and Public
railroad company. The Tustin Public Works Department and
Works Department
Orange County Flood Control and the PUC shall review and
approve the construction plan and construction schedule to
assure that interruptions of rail operations are minimal.
Mitigation Measures for Utilities and Service Systems
The on-site water system improvements including 12 -inch
Prior to issuance of
City of Tustin
mains in Edinger Avenue and Newport Avenue and fire
building permits
hydrants, meters, and back-flow prevention devices, if
required, shall be installed by each development at
Public Works
Department
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
Res onsibili
Responsibility
developer's expense and in conformance with plans and
specifications approved by the City of Tustin Water Service
Division.
Efforts should be made in cooperation with the City of Tustin
Prior to issuance of
City of Tustin
Public Works
and other agencies to reduce flows to the County Sanitation
occupancy permits
Department
District facilities in order to ensure set discharge limits for
biochemical oxygen demand and suspended solids are not
exceeded.
The City will require any developer to pay for any
Prior to issuance of
City of Tustin
Public Works
wastewater system improvements necessitated by any
occupancy permits
Department
proposed development project. Such payment could be
subject to reimbursement by other developers benefiting from
such improvements.
Access provisions for garbage trucks, locating stationary
Prior to approval of
City of Tustin
Community
trash compactors in individual buildings in order to minimize
site plans
Development
waste hauling demand, and providing and maintaining solid
Department
waste storage areas in accordance with City of Tustin
i
requirements.
Project design should provide for recycling containers in
Prior to approval of
City of Tustin
Community
close proximity to other refuse containers.
site plans
Development
Department
Concurrent with review of certificate of occupancy
Prior to issuance of
City of Tustin
Community
application, tenants occupying more than 50,000 square feet
occupancy permits
Development
shall file a waste reduction plan with the Public Works
Department
Department.
Proposed design should include means to reduce waste
Prior to issuance of
City of Tustin
Community
materials generated during construction (e.g. recycling
building permits
Development
cardboard/paper, recycle or reuse scrap lumber.)
Department
Provisions for trash enclosures for all purposes are required
Prior to approval of
City of Tustin
Community
Mitigation
Timing &
Mitigation
Monitoring and
Measure
Implementation
Compliance
Enforcement
--Responsibility
Responsibility
by the specific plan (Section 4.7 General Regulations)
site Eplans
Development
Department
Individual developments should consult with Southern
Prior to issuance of
City of Tustin
Community
California Gas Company to incorporate energy conserving
building permits
Development
systems and design features into their projects.
Department
Community Development shall review plans to assure all
Prior to issuance of
City of Tustin
Community
buildings shall comply with standards contained in Title 24
building permits
Development
of the California Administrative Code.
Department
The project developer will be responsible for the construction
Prior to approval of
City of Tustin
Public Works
of any street lighting, underground facilities, or other
street improvement
Department
structures required by the Public Works Department for the
plans
project.
Community Development shall review all plans to assure all
Prior to approval of
City of Tustin
Community
structures are designed in accordance with Title 24 of the
site plans
Development
California Administrative Code.
Department
Individual developments should consult with Southern
Prior to issuance of
City of Tustin
Community
California Edition to incorporate energy conservation
building permits
Development
measures into the project.
Department
Pacific Bell shall review plans to assure appropriate
Prior to approval of
City of Tustin and
Community
easements will be provided for any new telephone facilities
site plans and building
Pacific Bell
Development
required
permits
Department
Service provided will be in accordance with the rules and
As required
Pacific Bell
Public Works
regulations on file with the Public Utilities Commission.
Department