HomeMy WebLinkAboutCC 8 FOCUSED E.I.R. 10-01-84):)ATE:
OCTOBER 1, 1984
CONSENT CALENDAR
NO.'8
10-1-84
Inter-Corn
FROM:
$~JSJ ECT:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
COFgqUNITY DEVELOPMENT DEPARTMENT
INITIATION OF AN AGREEMENT TO PREPARE A FOCUSED ENVIRONMENTAL
IMPACT REPORT
DISCUSSION:
A request has been received from The Irvine Company to amend the Land Use
Element of the Tustin Area General-Plan and to adopt specific Planned Community
zoning regulations for each phase of a two phase project.
The first phase will be for ~he construction of a regional automobile shopping
center, located north of the Santa Ana Freeway, south of Bryan Avenue, and
approximately 1900 feet east of Browning Avenue. The second phase would be the
construction of a planned residential community bordered by Bryan Avenue, the
Santa Aha Freeway, Browning Avenue and the future extension of Jamboree Road
north of the Santa Ana Freeway.
Each of these projects will require the preparation of a Environmental Impact
Report and the City of Tustin, as the lead agency, is the responsible entity for
the preparation of these Environmental Impact Reports. Staff has interviewed
and recommends the firm of Michael Brandman Associates, environmental consultant
for the East Tustin Specific Plan, to conduct the necessary research and prepare
the environmental impact reports for City staff.
The City Council has previously initiated the agreements for the preparation of
an EIR for the regional automobile mall. The enclosed agreements are for the
preparation of an Envirnomental Impact Report for the second phase, the East
Tustin residential project. The agreement will require payment by the Irvine
Company for all costs incurred by the City related to processing and preparation
of the environmental report.
RECOI~qENDATXON:
Staff recommends that the Council authorize the Mayor and City Clerk to execute
the subject professional services agreement attached to this transmittal.
Associate Planner
EK/lg
T~IS AGREEMENT is made and entered into as of the day
of ..., 1984, by and between CITY OF TUSTIN, a
municipal corporation, hereinafter referred to as "City", and T~E
IRVINE COMPANY, a Michigan corporation, hereinafter referred to
as "Company", as follows:
WHEREAS, the City and Company desire to have an
Environmental Impact Report ("EIR") prepared for the East Tustin
R~sidential - Phase II located upon a portion of the Company
properties located in City; and
WHEREAS, City has entered into an agreement, a copy of which
is attached hereto as Exhibit "A", and incorporated herein by
reference, with Michael Brandman Associates, Inc. (hereinafter
referred to as "Environmental Consultant"), for the preparation
of ~n EIR for land of Company located in City, which is
hereinafter referred to as the "Consulting Agreement"; and
WHEREAS, the Consulting Agreement obligates Environmental
Consultant to perform the services described therein for total
fees of Twenty-Three Thousand Eight Hundred Forty ($23,840.00)
Dollars (hereinafter referred to as the "Fee"); and
WHEREAS, in recognition of the value to the Company of the
services prescribd in the Consulting Agreement to be performed by
Environmental Consultant, the Company is willing to pay the Fee
to City, provided that the terms and conditions of this Agreement
are complied with and performed.
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the parties hereto agree as follows:
~gc~i_q~ k: Company shall advise and assist City in
overseeing and directing the performance of Consultant in
accordance with the terms of Consulting Agreement, and Company
shall not control or supervise any such performance. In the
event that the Environmental Consultant fails to fully perform
the terms of the Consulting Agreement, City shall not thereafter
be authorized to pay the defaulting Environmental Consultant
until such failure has been corrected to the satisfaction of the
City or until City, in the reasonable exercise of its judgment,
determines that City is'legally obligated to make such payments.
~ ~: Immediately upon receipt, City shall deliver to
Company one (1) copy of every report and reproducable graphic
produced in conjunction with the performance of the Consulting
Agreement, and shall make available to Company, upon its
reasonable request, any and all materials, reports, letters,
maps, schedules and graphics produced by or under the direction
of Environmental Consultant in the course of performance of the
Consulting Agreement.
~ ~: Company shall reimburse City for all of the fees
and costs of the environmental consulting services described in
the Consulting Agreement. Company shall deliver to City for
deposit with the City Treasurer, Twenty-Three Thousand Eight
Hundred Forty ($23,840.00) Dollars, in one (1) installment, with
the installment to be paid forthwith upon execution of this
Agreement by both parties.
City agrees that the total liability of Company which may
arise from this Agreement shall not exceed Twenty-Three Thousand
Eight ~undred Forty ($23,840.00) Dollars. Company shall not be
obligated to pay for any increase in the scope of the
~nvironmental consulting services described in the Consulting
Agreement, unless the increase in the scope of work is approved
by Company in writing, in advance. If City, in its judgment,
determines that the Environmental Consultant is not fulfilling
its contractual obligations, City may take any and all actions it
deems appropriate to insure performance by the Environmental
Consultant, including discharge of the Environmental Consultant.
In the event City, in the exercise of its reasonable judgment,
determines that Environmental Consultant is not performing its
duties as prescribed by the Consulting Agreement, City may
withhold payment to the Environmental Consultant. In such event,
City shall advise Company of such fact, and the aforesaid
payments to be made by Company shall be deferred in an amount
commensurate with the withheld payment or payments. The
employment of any replacement consultant shall be upon written
agreement between City and Company.
~ ~: City agrees to use all monies paid by Company
pursuant to this Agreement, toward payment of the Environmental
Consultant in satisfaction of City's obligation stated in the
Consulting Agreement.
~ ~: Any Company funds delivered to City but not
utilized in satisfaction of City's obligations as set forth in
Paragraph 4 above, shall be promptly paid by City to Company.
~i: Company and City may terminate this Agreement
upon mutual written consent to termination. In the event of such
termination, Company shall immediately reimburse City for the
cost of all work completed by Environmental Consultant as of the
date of termination.
~_9_~ 1: If either party files an action to enforce or
interpret the terms of this Agreement, the non-prevailing party
agrees to pay to the prevailingn party, its reasonable attorneys'
fees and costs.
IN WITNESS WHEREOF, the parties hereto hae executed this
Agreement as of the date first above written.
CITY OF TUSTIN, a municipal Corporation
By.
Mayor
ATTEST:
City Clerk
TEE IRVINE COMPANY, a
Corporation~ /~
Michigan
JGR:SA:pj :D.' 08/30/84 (46.)
EAST TUSTIN RESIDENTIAL - PHASE II
ENVIRONMENTAL IMPACT REPORT
ENVIRONMENTAL CONSULTANT
THIS AGREEMENT is made and entered into this day of
, 1984, by and between the CITY OF TUSTIN, a
municipal corporation (hereinafter referred to as "City") and
MICHAEL BRANDMAN & ASSOCIATES, INC., a California corporation,
18'021 Skypark Circle, Suite E-2, Irvine, California 92714
(hereinafter referred to as "Environmental Consultant".
WITNESSETH
WHEREAS, City desires to employ an Environmental Consultant
to furnish the necessary environmental consultant services for
the preparation of an Environmental Impact Report ("EIR") for the
East Tustin Residential - Phase II, which shall hereinafter be
referred to as the "Project"; and
WHEREAS, Environmental Consultant has indicated its
willingness to furnish said project services to City; and
WHEREAS, Consultant has submitted to City a proposal dated
August 13, 1984, a copy of which is attached hereto, marked
Exhibit "A" and is by this reference incorporated herein as
though set forth in full hereat ("the. Proposal").
NOW, THEREFORE, City agrees to employ and does hereby employ
Environmental Consultant to provide consulting environmental
services for the Project, and City and Environmental Consultant,
for the consideration hereinafter set forth, agree as follows:
A. Scope of 'Environmental Consultant's Services:
Environmental Consultant agrees to prepare and furnish
to City, following receipt of written authority to proceed,
environmental services for the Project. These s.ervices shall
include all of the services to be'performed in the manner
described in the Proposal and shall include, but not be limited
to, the following:
~: PROJECT DEFINITION AND ORGANIZATION.
Environmental Consultant shall meet with City Staff to
discuss details of proposed Project, and refine, as necessary,
the focus and content of EIR. Specific tasks to be undertaken,
in furtherance of project definition and organization include the
following:
~~_~: Review project proposals submitted
to City by The Irvine Company ("TIC").
EXHIBIT "A"
~: Finalize complete project descrip-
tion, as well as description of project alternatives.
~L~: Identify projects to be considered
in the cumulative impact analysis.
~: Assist City in distribution of the
Notice of-Preparation (NOP)' and monitor agency responses as they
are received.
Finalize Project schedule.
Task B: PREPARATION OF PRELIMINARY DRAFT EIR.
This task includes consolidation of environmental data,
direct and cumulative impact evaluation, development of
mitigation measures, and report compilation. The format and
content of the EIRwill be in full compliance with CEQA and state
and local EIR guidelines. The major environmental issues to be
addressed in the EIR are as follows:
Introduction and Summary.
Prepare introductory statements of the report to
include identification of authors and lead agency responsibilites
and the intended scope, the purpose of the environmental impact
repot% and location and nature of the Project. Prepare summary
of the EIR to include an identification of the unavoidable
adverse impacts, impacts subject to mitigation, and recommended
mitigation measures.
~: Project Description and Organi-
zation.
Prepare project description section of the EIR to
include the following:
characteristics
a. Regional and local location.
b. Project
including
proposed land uses, discretionary
actions required by the City and other
agencies, significant features of the
plan, and engineering infrastructure
considerations.
Project objectives.
Project phasing.
Responsible/lead agencies.
Sub taks_B.3: Effects Found Not to be
Significant.
In accordance with Section 15128 of the CEQA
Guidelines, project description of EIR shall contain a listing of
2
Project effects fl ~d not to be- significan~ Effects to be
discussed are as listed in Exhibit "A". Inform=uion gathered for
the East Tustin Specific Plan Environmental Setting Report shall
be utilized.to document the findings.
~: Data Consolidation, Impact Analysis
and Mitigation Measures.
Assess overall development concept which inoludes
potential land uses, intensities, acreages and locations, as well
as any design standards of the development. Specific topical
areas to be assessed, the general app=oach to be used and the
known issues to be confronted in each Section are as follows:
a. HA~_9~L~=' The EIR will evaluate
impacts associated with flooding, storm drainage, ground water
levels, ground water quality and sedimentation. Environmental
Consultant will work with TIC e~gineers to ensure that EIR is
consistent with phasing and engineering measures being designed
to mitigate any flooding impacts. Reasonable mitigation measures
will be developed as appropriate.
b. - LAD~ ~ses and APA~h~: (1) Potential
impacts on existing and surrounding land uses will be examined.
An assessment of construction related impacts, including short
term air quality, visual effects, construction noise and
construction traffic will be discussed. The long term effects
-of Project implemention on surrounding properties will be
summarized, drawing in part from other topical areas addressed in
the EIR (example, transportation/circulation' air quality, noise,
visual impacts, etc.).
(2) Discussion w ill provide a
comprehensive listing of impacts of importance to surrounding
residents and businesses. The relationship of the Project to the
revised Tustin Auto Center Project will build on the analysis of
impacts and suggested mitigation measures contained in the Tustin
Auto Center EI~ The analysis will address the comparability of
the Project with relevant land uses policies and standards.
Analysis will include discussion of the proposed project (at
approximately 10 d.u. per acre) with the density allowable under
the existing general plan and zoning designations.
(3) The EIR will also contain a review
of the aesthetic characteristics of the Project based upon the
design and development standards in the planned community (PC) or
Zoning Regulations. EIR analysis will discuss Project appearance
from surrounding roadways, and standards for landscaping,
signage, building height, and other design treatments to minimize
aesthetic impacts. Additional mitigation measures will be
recommended as deemed appropriate.
c. ~~: The following
will be documented:
1. Loss of prime ricultural lands
'based on'productivity and soil classifications~
2. Loss of existing production by type
of-crop and as a percentage of total county and state production;
3. Loss of important farm lands as
mapped by the'state of California;
4. Factors which may limit long term
agricultural use including urban-encroachment, water costs, and
other economic considerations;
5. Cumulative loss of c6unty-wide
agricultural lands; and
6. Other. agricultural isseus of
importance that may be required by the State Department of
Conservations.
Work completed on this issue for use in the Tustin Auto
Center EIR shall be incorporated with modifications into the EIR
for this Project. Mitigation measures will be developed to lessen
the significance of identified conversion impacts.
d. Transportation/Circulation- An analysis
of traffic and circulation will be performed by Austin-Foust
Associates ("Traffic Consultant"). Environmental Consultant will
coordinate directly with the Traffic Consultant to provide a
thorough assessment of traffic/circulation impacts. Traffic
analysis will include analysis of three primary scenarios: (1)
existing conditions, (2) traffic conditions existing during first
several years of opera.tion of Auto Center and (3) traffic
conditions after completion of the Jamboree Road extension and
the I-5 Jamboree Road interchange (Traffic Consultants' scope of
work is attached hereto as Exhibit "B", and incorporated herein
by this reference).
e. Air ~. Evaluation of the short
term impacts (example dust generation, construction equipment
emissions) and the long term effects (including stationary and
mobile emission burden) of Project implementation. Total
projected emission and the projects percentage of county-wide
commissions in the year 2000 will be indicated. Carbon monoxide
concentrations will be determined utilizing the k-line three
modeling technique. This microscale assessment will be performed
to determine "before project close" and "after project close" and
· cumulative" impacts selected worse case locations. The format
and methodology of the air quality assessment will be in full
compliance with state and local guidelines. Mitigation mesures
will be recommended as appropriate.
f. Noise. Noise impacts resulting from
project implementation will be thoroughly addressed in the EIR.
The noise analysis will provide detailed evaluation of the
impacts associated ~h the following:
1. Potential noise impacts from
existing and future arterial roadways.
2. Potential noise impacts to residents
on the site from helicopter operations from MCAS Tustin.
3. Potential noise impacts to the site
from the proposed Tustin Auto Center.
The above concerns will be addressed as more
particularly set forth in Exhibit "A".
Mitigation measures will be detailed for all potential impacts
identified and will include site planning standards (i.e,
setbacks, location of open space, and noise) designed to be
incorporated into the Planning Commission regulation.
g. ~L]J~q ~ ~d ~L~]J~- The EIR
will provide an overview of the Project's demands on the
following public services and utilities:
(1) Police
(2) Fire
(3) Schools
(4) Parks and Recreation
(5) Library
(6) Water
(7) Wastewater
(8) Natural Gas
(9) Electricity
(10) Solid Waste Collection/Disposal
(11) Telephone
Information previously collected for the East Tustin
Specific Plan Environmental Setting Report shall be incorporated,
as appropriate into this EIR. Environmental Consultant shall
coordinate with City and affected public service and utility
purveyors to update information and assess impacts.
Environmental Consultant shall further coordinate with Robert
Bein, William Frost and Associates to assure that accurate and
adequate information regarding planned infrastructure
improvements ae included in the EIR. The discussion on parks and
recreation shall focus on the proposed parksite to be provided as
a part of Project and relevant City park standards.
h. Grow_~ /~ ~JLf~- The EIR will
examine the growth inducements created by project implementation,
and the potential secondary effects on other proximate lands.
Direct project rela ~ growth Will also be add' ~sed including:
1. Short term -(construction) and long
term (auto center) employment opportunities;
2. Employment growth vista-vis popula-
tion growth; and
3. Increased demand for housing to
accommodate on-site employees.
The project's consistency with local and regional
growth forecasts will be summarized.
i. ~ Impacts. The cumulative
effects of the project in combination with other nearby known
and/or anticipated projects will be assessed topical environmen-
tal issue. Environmental Consultant, in conjunction with City,
will identify these other--projects to be considered in the cumu-
lative impact evaluation early in the EIR preparation process.
Where possible cumulative effects will be quantified by
Environmental Consultant, highlighting the impacts associated
with the East Tustin Residential Project, the Tustin Auto Center,
and the other cumulative impact projects.
j. A~~- Prepare alternatives sec-
tion of the EIR to include, but not limited to, the following:
1. No
2. ~ ~ Plan - Impacts
associated with development of the lower density (4 d.u./acre)
allowed by the general plan.
3. ~ Lan~ ~ - Impacts
associated with development of the commercial, light industrial,
or other land uses on the site.
Sufficient detail will be.provided in the evaluation of
alternatives to insure a reasonable comparison with the proposed
Project. Minor variations to the proposed Project which could
have the effect of reducing or eliminating environmental concerns
will be evaluated and documented. As required by the State EIR
Guidelines, the advantages and disadvantages of each alternative
will be discussed and the reasons for rejecting or recommending
project alternatives will be stated.
k. Q~ ~ EIR ~9-~- Prepare
other mandated sections of the EIR as follows:
1. Irreversable and irretrievable com-
mitment of resources.
2. Relationship between short term
uses of environment and maintenance and enhancement of long term
productivity.
3. Effects found not to be significant
{including land form, geology, cultural/historical, and biologi-
cal effects).
4. Unavoidable adverse impacts.
5. List of organization and persons
consulted and those involved in .EIR preparation.
6. Appendices.
~L~-~: The scope of work described under
Task B will be organized in appropriate EIR format. Five (5)
copies of this preliminary draft EIR will be submitted to City
and TIC for review and comment.
~: PREPARATION OF FINAL DRAFT EIR.
~A~: Meet, at least once, with City
staff and TIC to receive and discuss comments on, and suggested
revisions to, the Preliminary Draft EIR.
~iL~~: Complete revisions to the Pre-
liminary Draft EIR pursuant to City's review comments.
~: Reproduce fifty (50) copies of the
Final Draft EIR for submittal to City, TIC, and distribution to
reviewing agencies and,interested parties. The Final Draft EIR
will be photocopied (double-sided) and combound with all exhibits
and cover overset printed.
~_~: Assist City in preparing necessary
documentation for ~ecuring a thirty (30) day draft EIR review
from the State. Clearing House.
TaskI): PREPARATION OF THE FINAL EIR.
~: Prepare responses to all written
and verbal comments on the Draft EIR. Comments and responses
shall be printed and bound for use by City Staff and for
distribution.
~_~: Prepare finalized comments and
responses documents for use by City as part of the Final EIR and
print twenty-five (25) copies for submittal to City.
ATTEND PUBLIC MEETINGS AND HEARINGS.
Attend two formal public hearings held before the Plan-
ning Commission and City Council on the EIR.
Task F: GENERAL COORDINATION AND MEETINGS.
Subt ~k F.I: Conduct, no less 'hah, weekly tele-
'phone conference w_ch the City's and TIC's P~_ject Manag.ers to
report Project status and discuss any possible problem or zssues.
~: Attend at least four (4) meetings,
as necessary, with City staff which may occur at (1) Projecf
initiation, (2) Preliminary Draft EIR submittal, (3) Final Draft
EIR submittal, and (4) during preparation of response to com-
ments.
Task G: PREPARATION OF WRITTEN FINDINGS FOR INCORPORATION
INTO RESOLUTION OF CERTIFICATION.
Prepare written findings pursuant to Section 10591 and
the State CEQA Guidelines (Section 21081 of CEQA) for each
significant effect identified in the EIR for incorporation into
the resoIution of certification.
B. Time for Completion:
It is hereby understood and mutually agreed that the time
for completion of the work to be performed by Environmental Con-
sultant is an essential condition of this agreement. Env~ron-
mental Consultant agrees that it' shall prosecute regularly and
diligently the work of this agreement accordingly to reasonable
schedules established by City for the various items of work
described in paragraph 1'. Environmental Consultant shall not be
accountable for delays in the profess of its work caused by any
condition beyond its control and without the fault or negl.igence
of Environmental Consultant. Any delays shall not entitle Envi-
ronmental Consultant to any additional compensation under any
circumstances, regardless of the party responsible for the delay.
C. Compensation:
The compensation to be paid under this agreement shall be as
f oll ows:
Fee
I. Consultant's Labor Fees:
A. Project Definition/Organization $ 700.00
B. Preliminary Draft EIR 8,460.00
C. Final Draft EIR 1,800.00
D. Response to Comment/Final EIR 2,100.00
E. Attendance at Public Hearings 480.00
F. General Coordination and Meetings 1,200.00
G. Prepare Written Findings 1,100.00
Subtotal Consultant's Labor Fees $ 15,840.00
2. Traffic consultant Fees:
Preparati of Traffic Report $ 6,600.00
Estimated Direct Costs
Ae
In-house photocopying (10 cents/page)
blue prints/reproduction/graphis
5 copies Sc:eencheck EIR
50 copies Draft EIR
25 copies Comments and Responses
TOTAL ESTIMATED FEE
1,400.00
$ 23,840.00
D. ~iscellaneous Provisions:
A. City and Environmental Consultant further agree to
the following conditions:
1. City, by notifying Environmental Consultant
in writing, shall have the right to terminate any or all of the
services and work covered by this agreement at any t~me.
2. Environmental Consultant agrees that it shall
proceed immediately and diligently to perform the services
provided for in this agreement upon receipt of notice from City
to proceed therewith.
3. The terms and provisions of this agreement
shall extend to and be binding upon and inure to the benefit of
heirs, executors, administrators, successors and assigns of the
respective parties hereto.
4. Environmental Consultant shall perform the
services hereunder as an independent contractor and under no
circumstances or conditions shall Environmental Consultant and/or
any of its agents, servants or employees, be considered as an
employee or agent of the City or TIC.
5. Environmental Consultant shall perform all
services required under this agreement in a careful, diligent and
professional manner and shall be responsible for all errors and
omissions for services performed by Consultant under the terms of
this agreement. Consultant, as a material part of the considera-
tion of this agreement hereby waives on its behalf and on behalf
of all others claiming through Consultant, all claims and demands
against City and TIC, their agents, employees, successors and
assigns, for all loss, damage, injury, sickness or death of any
person resulting from the performance of this agreement, and
agrees to indemnify, defend and hold City and TIC, their agents,
employees, successors and assigns harmless from any loss, damage,
injury, sickness, death or other claim made by other persons and
from all costs, expenses and charges arising therefrom.
Consultant shall maintain in full force and effect during
the term of this a eement its existing polic ~ of insurance for
which certificates of insurance have heretofore been delivered to
City and TIC.
6. Environmental Consultant shall carry an~d pay for
such compensation insurance as is necessary to fully protect
Environmental Co. nsultant and its employees under California.
Workers Compensation Insurance and safety laws, to relieve City
and TIC from all responsibility under said laws in connection
with the performance of this agreement, and upon the execution of
this agreement to file with City a certificate certifying to said
protection.
' 7. Environmental Consultant certifies that there
shall be no discrimination against any employee who is employed
in the work covered by this agreement or against any application
for such employment because of race, religion, color, sex, or
-national origin, including but not limited to, the following:..
employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or
other forms of compensation, and selection for training,
including apprenticeship.
8. Consultant shall provide City monthly with a
detailed itemization of all work performed, time spent, and the
fees, costs and charges accrued thereon, in complete and
sufficient detail to fully apprise City thereof.
IN WITNESS WHEREOF, this agreement was executed by the
parties on the day and year first above written.
CITY OF TUSTIN, a municipal
corporation
ATTEST:
BY:
Mayor
City Clerk
APPROVED AS TO FORM:
JAMES G. ROURKE
City Attorney
JGR:SA:pj: 09/05/84 (45.pj)
MICHAEL BRANDMAN & ASSOCIATES,
INC., a California corporation
BY:
10
pROposED SCOPE OF WORK
F..A~T TUSTIN RES[DENTIA. L - PHASE Il
Our preliminary scope of work has been organized into seven general task categories
as follows:
A. Project Definition and Organization
B. Preparation of the Preliminary Draft FIR
C. Preparation of the Final Draft
D. Preparation of the Final FIR
E. Attendance at Public Rearings
F. General Coordination and .~/leetings
G. Preparation of Written Findin~ for Incorporation into Resotution
Certification
Eash of these primary tasks is described more fully on the pages which follow.
Task A: Project Definition and ~tion
This initial task provides an opportunity for the consultant, city staff, and The Irvine
Company to discuss the details of the proposed project and to refine, as necessary,
the focus and content of the EIR. Specific tasks to be undertaken herein include, but
are not limited to:
Review of project Proposals as submitted to the City of Tustin by The
Irvine Company.
Finalize a complete project description, as well as a description of project
alternatives.
Identification of projects to be 'considered in the cumulative impact
analysis.
Assist city in the preparation and distribution of the NOP and monitor
agency responses as they are received.
Finalization of a project schedule indicating specific dates for completion
of work tasks.
We have specifically budgeted for the preparation of the Notice of Preparation
(NOP) and for assisting the city in the distribution of the NOP. It is necessary to
EXHIBIT "A"
accomplish this task at the earliest possible date in order to initiate the 30-day .'qOP
review period.
As part of this initial task, we have budgeted for a meeting wth the City of Tustin
and The Irvine Company to review the details of the proposed residential p~ojeet. It
is our experience that this brief organizational work effort will promote a clearer
understanding of the project objectives between all parties and will ensure that the
project can move forward with the efficient expenditure of time and budget.
Task B: Preparation of the Preliminary Drdt lint
This task comprises the majority of the environmental analysis including
consolidation of environmental data, direc_t and cumulative impact evaluation,
development of mitigation measures, and report compilation. The format and
content of the EIR will be in full compliance with CEQA and state and local
guidelines. ~l~e te~ ~ b~ supplemented ~ith graphi~ ~nd table~, ~ nec~'~-ary, to
pre~ent the infm-mation in a e~neise and eas~y ~ndersto(x~ fo,'mat.
Provided below is a description of our preliminary scope of work for each of the
major environmental ~ssues (or "chapters") to be addressed in the EIR. We have
endeavored to tailor the proposed scope of work of the EIR as closely as possible to
the requirements of the East Tustin Residential project. This preliminary scope ~f
work may require further refinement following additional discussions with the City
of Tustin and The Irvine Company, or following completion of the NOP process.
Introduction and Summary
The introductory statements of the report will include identification of authors ~.nd
lead agency responsibilities and the intended scope and purpose of the environmental
impact report. The location and nature of the project will be described b~iefly in
compliance with the state CEQA guidelines.
The summary of the EIR will present the major conclusions of the ceport in a concise
and easily understood format. The summary will include an identification ~'f the
unavoidable adverse impacts, impacts subject to mitigation, and recommended
mitigation measures. We propose the use of a tabular format to present
summary information to a .st the public and decision-makers their review of the
report's conclusions. A brief, executive summary will also be provid~ed to highlight
the key findings of the EIR.
Project Description_
A-complete description of the project will be provided, including the fo]lowing:
o Regional and local location.
o Project characteristics including proposed land uses, discretionary actions
required by the city and other agencies, listing of required permits,
si~nif~eant features of the plan, and engineering and infrastructure
considerations.
O
O
Project objectives.
Responsible/lead agencies.
o Project phasing.
Effects Found Not to Be Significant.
In accordance with Section 15128 of the CEQA ~idelines, the project description of
the EIR will contain a listing of the project effects found not to be significant along
with a brief statement concluding why these effects are not discussed in detail in the
EIR. The fo]lowing effects will be discussed in this section:
o Earth Resources
o Biological Resources
o Cultural Resources
o Natural Resources
o R~sk of Upset
o Energy
Information gathered for the East Tustin Specific Plan Environmental Setting Report
will be utilized to document the f~ndings. For example, biological and cultural
resource surveys completed for the setting report indicate that there are no
significant resources within the project site.
Data Consolidation, Imoaet Analysis, and Mitigation Measures
MBA's environmental assessment will address the overall development concept which
includes potential land uses, intensities, acreages and locations, as well as any design
standards of the development. We have identified on a preliminary basis a total of
seven (7) topical environmental issues for assessment.
This scope is based on two factors: (1) ~he scope of issues identified for the Tustin
Auto Center projedt, originally proposed'for this site and (2) a review of the new
residential proposal for the site. Based upon a review of the proposed project and
the comments received on the NOP for the Tustin Auto Center project, .MBA is
confident that this scope of work is still adequate and applicable. Each of these
issues is discussed more full~ below.
Water Resources - The project site is located in an area known to exhibit
problems associated with flooding (due to the unimproved nature of the E1
Modena Il*vine Channel), h~_.gh ~'oundwater I~v~l~, and ~9~r ?nnndwater
.~]~. _The project site is als(~ within the wat~h~d bound~.~
~L!ouar Newoort Bay Ecological Reserve which h,~ e~oerlenced si_~nificant
impacts associated with sedimentation. We propose that these }ssues be
addressed in the EIR and that mitigation measures be set forth to ensure
that significant adverse impacts do not occur. Our previous research on
the site completed for the Tustin Auto Center EIR related to regional
groundwater issues and existing drainage conditions in the area can be
utilized. The primary work effort on this topic will be directed towards
potential flooding impacts and related mitigation measures. We will work
closely with The Irvine Company's engineers to ensure that the EIR is
consistent with phasing and engineering measures being designed to
mitigate any flooding impacts.
Land Use and Aesthetics - This section will examine the potential impacts
on existing and planned surrounding land uses. The discussion will include
an assessment of construction-related impacts including short-term air
quality, visual effects, construction noise, and construction traffic. The
long-term effects of project implementation on surrounding properties will
be summarized, drawing in part from other topical issues addressed in the
- · " Air Quality, and Noise).
EII~ (e.g., Transportation/Ctreulatlon,
Given the sensitivity of area residents ko proposed land uses for the site
(as evidenced by the concerns over the original Tustin Auto Center
proposal) and the nature of the existing and planned surrounding land uses
(i.e., existing residential, the Tustin Auto Center, MCAS Tustin Helicopter
Base), we see this section as a particularly important analysis.. ~_~
discussion will provide a corn . · · those im acts im orr t
to surroundin residents and bus s ~ other se lions of
the EIR for ~reater deta~.l..
The relationship of th~s project to the revised Tustin Auto Center {)roject
will build on the analysis of impacts and suggested mitigation measures
contained in the Tustin Auto Center
ThM section will also addreSs the compatibility of the project with
relevant City of Tustin land use policies and standards.
~ ?n?n~ed ~roieCt (at a~oroximatel[ 10 d.u. per~
acre) with the density allowable under the existin-~ general plan and zoninz
This section of the EIR will also review the aesthetic characteristics of
the project based upon the design and development standards set forth in
the planned community (PC) or zoning regulations. Emphasis will be
placed on how the project will appear from major surrounding roadways
(particularly Browning Avenue, the Jamboree Road extension, and the I-5
Freeway). The EIR's analysis will discuss standards for landscaping,
signage, building height, and other design treatments that may have been
incorporated into the plan to minimize potential aesthetic impacts.
3. A~ricultural Resources - The conversion of agricultural lands to urban uses
has become an increasingly controversial issue at the state and regional
level.
tment of Conservation wili~ ' - ' as
s tate
~. MBA staff has participated extensively in ~gricultural land
conversion projects and is very familiar with the nature of the
environmental documentation that will need to be prepared in this
regard. We propose to document the following:
o Loss of prime agricultural lands based upon productivity and soil
classifications.
o Loss of existing production by type of crop and as a percentage of
total county and state production.
o Loss of important farmlands as mapped by the State of California.
o Factors which may limit long-term agricul'tural use including urban
encroachment, water costs, and other economic considerations.
o Cumulative loss of countywide agricultural lands.
o Other agricultural issues of }mportance that may be required by the
State Department of Conservation.
To the extent possible, mitigation measures will be suggested to lessen the
significance of identified conversion impacts; however, it can be
anticipated that this impact will bE largely unavoidable.
Substantial work was completed on this issue for use in the Tustin Auto
Center EIR. It is anticipated that this work can be incorporated, with
some modifications, into the SIR for this residential project.
Transportation/Circulation - An analysis of traffic and circulation will be
performed by Austin-Foust Associates; a scope-of-work for this analysis is
attached to this proposal. The traffic analysis will include analysis of
three primary scenarios: (1) existing conditions, (2) traffic conditions
existing during the first several years of development (prior to the opening
of the Jamboree interchange), and (3) traffic conditions after completion
of the Jamboree Road extension and the [-5/Jamboree Road interchange.
We feel that analysis of these three scenarios is essential to correctly
identify short- and long-term impacts to the existing residential areas
west of Browning Avenue from the increased traffic on Laguna Road, San
Juan Street, and Browning Avenue. Based on community concerns raised
by the original auto center proposal, we. anticipate that this !~sue will be
of particular concern to residents in the area.
Air Quality - In anticipation of comments from the County of Orange,
South Coast Air Quality Management District, and State Ai~- l{esources
Board, the EII{ will e~alu~'te the short-term impacts (e.g., dust generation,
construction equipment emission) and long-term effects (including
stationary and mobile emission burdens) of project implementation. Total
projected emissions and the project's percentage of countywide emissions
will be indicated. Carbon monoxide concentrations will be determined
utilizing the Caline 3 modeling technique. The microscale assessment will
be performed to determine "before-project," ".after project," and
"cumulative" impacts.at two selected worst-case locations.
The format and methodology of the report will be in fun compliance with
state and local guidelines. Mitigation measures will be recommended as
appropriate.
Noise - The noise analysis will provide a detailed evaluation of the impacts
associated with three primary noise concerns:
o Potential noise impacts from existing and future arterial roadways.
o _Potentia. I nni~ linnaeus to residents on the site from helicopter
o_.o.o.o~rations from MCAS Tustin.
o Potential noise imoaets to the site from the proposed Tustin Auto
Center.
The first concern will be addressed through quantitative noise modeling
based on projected traffic for key streets. Estimates will be provided for
noise levels associated with vehicular traffic increases resulting from the
project. As the site is located in the Browning Corridor, the major flight
corridor for the base, this second issue will be of concern to both the
public and MCAS (H) Tustin. We propose to examine the MCAS (H) Tustin
Air Installatioa Compatibility Use Zone Study (AICUZ) and other available
flight operations and noise information. In addition, we propose to monitor
noise levels from helicopter operations on the site. Information regarding
potential noise impacts to the site from the proposed Tustin Auto Center
and suggested mitigation measures will also be incorporated from the
Tustin Auto Center ElR. Potential mitigation measures include site
planning standards (i.e., setbacks, location of open space,, and noise)
designed to be incorporated into the PC regulations.
Public Services and Utilities - This section of the EIR will provide an
overview of the project's demands on the following public services and-
utilities:
Services: Utilities:
o Police o Water
o Fire o Wast,water
o Schools o Natur~ Gas
o Parks and'Recreation o Electricity
o Library o Solid Waste Collection/Disposal
o Telephone
As appropriate/ information previously collected, for the East Tustin
Specific Plan Environmental Setting Report will be incorporated into this
section. MBA will coordinate with the City of Tustin and affected public
service and utility purveyors to update this information as necessary and
assess impacts. In addition, MBA will coordinate with Robert Bein,
William Frost and Associates to assure that accurate and adequate
information regarding infrastructure improvements planned as a part of
the project ~s included in the EIR. The discussion on parks and recreation
will focus on the park site being provided as a part of the project and the
relation of the park to City of Tustin park standards.
Growth Inducing Effects
This chapter of the EIR will examine the direct and indirect growth inducements
created by project implementation. Direct project-related growth assessed wili
include: (1) short-term (construction) employment opportunities, (2) population and
housing increases, and (3) new employees in the local area which will be residing in
the residential project. The project's consistency with lo,al and regional growth
forecasts will be quantified. The discussion on indirect growth inducements will
focus on the potential secondary effects of the residential development on nearby
vacant and "under-developed" lands.
Cumulative Impacts
The cumulative effects of the project in conjunction with other nearby known and/or
anticipated projects will be assessed. Given the proximity of the site to the proposed
Tustin Auto Center, and the short time frame in which the two projects will be
processed, we believe community awareness of cumulative impacts will be
heightened. FOr this reason, we see this section of the ErR as a particularly
important analysis.
In addition to the Tustin Auto Center, MBA, in conjunction with the City of Tustin
will identify other projects to be considered in the cumulative impact analysis. At
this point, we anticipate that this list of projects will be the same as that used for
the cumulative impact analysis in the Tustin Auto Center ErR. Where possible,
cumulative effects will be quantified, highlighting the impacts associated with the
East Tustin Residential project, the Tustin Auto Center, and the other identified
cumulative impact projects.
-Alternatives
MBA will explore uP to three alternatives as defined by the City of Tustin. At
present, we suggest that the following alternatives be included in the EIR:
1. No Proieet - Required by state CEQA guidelines.
2. Existing General Plan - Impacts associated with development of the lower
density (4 d.u./aere) allowed by the general plan.
3. ~lternative Land Uses - Impacts associated with development of the
commercial, light industrial, or other land uses on the site.
These alternatives will be discussed and defined further prior to initiation of the
preliminary draft EIR. Sufficient detail and impact quantification will be provided
for each alternative to allow comparison with the project as currently submitted.
The relative advantages and disadvantages of each of the alternatives will be
discussed.
During the course of the environmental assessment, minor variations to the proposed.
pr.oject may also become apparent which could have the effect of reducing
environmental impacts. Any such variations to the project as proposed will be
evaluated in the alternatives section of the EIR.
Other Mandatory EIR Sections
The EIR will include all other CEQA mandated SIR sectioris including the following:
Irreversible and irretrievable commitment of resources.
Relationship between short-term uses of the environment and maintenance
and enhancement of long-term productivity.
o Unavoidable adverse impacts.
o List of organizations and persons consulted and those involved in EIR
preparation.
o Appendices.
The scope'of work described under Task B will be organized in appropriate
format and assembled with supporting graphics, tables, and technical appendices to
comprise the complete preliminary draft EIR. This preliminary draft will be
submitted to the City of Tustin and The {rvine Company for review and comment.
Products (Task B): Five (5) copies of the complete preliminary draft EIR.
Task C: Preparation of I~L'~I Draft
Following receipt of the city's comments, MBA will make all corrections and/or
additions consistent with the agreed-upon scope of work. We anticipate attending at
[east one meeting with the city staff and The Irvine Company to receive the
preliminary draft FIR comments and to ensure that the comments are fully
addressed.
Once these comments are addressed, the final draft EIR will be printed and
forwarded to the city. The report text will be photocopied (double-sided) and comb-
~und unless another binding technique is 'specified by the city. Fifty (50) copies o~
the final draft EIR will be furnished for distribution to decision-makers, eor]eerned
agencies, and individuals. We have also budgeted to assist the city in preparing the
necessary documentation for securing a 30-day draft EIR review from the State
Clearinghouse.
We have budgeted for approximately 40 hours of MBA staff time for completion of
this task which should prove adequate. Should additional time be necessary due to'
unforeseen circumstances, we will contact you to discuss a revised fee estimate.
Products (Task C): Fifty (50) copies of the final draft EIR for city distribution_.
Task D: Preparation of the Final
At the close of the 30-day public review period, MBA will respond to all written and
verbal comments received on the draft EIR. The comments and responses will be
printed and bound for use by the city staff and for distribution to decision-makers.
We have budgeted for approximately 50 hours of MBA time for completion of the
proposed final EIR. We believe that this time estimate will be sufficient given our
present understanding of the prolect. However, should sub'stantial comments be
received on the draft EIR due to citizen group involvement or actions by other
agencies, additional time may be necessary to respond adequately. Should these
circumstances arise, we will contact you to discuss a revised fee estimate.
Product (Task D): Twenty-five (25) copies of the comments and responses
supplement.
Ta.~k F_.: Atten, t~nce at Public Hearings
The MBA Prolect Manager (Lloyd W. Bookout) will attend two public hearings for
presentation and to answer questions concerning the EIR (assume one Planning
Commission and one City Council hearing). Additional hearing attendance can be
accommodated on a time-and-materials basis assuming $60.00 hour.
Product (Task E): Attendance at up to two (2) public hearings.
Task F: General Coordination{ and Meetings
In order for MBA to fully assess and keep abreast of all issues inherent in the
proposed project, continuing coordination will be required with The h'vine Company,
City of Tustin and project subconsultants. The coordination will take place during
each of the preceding stages and is separated here for ease of assessment.
Within the coordination phase, we have budgeted for four meetings (avera~ng three
hours each) which may occur at: (1) project initiation, (2) preliminary draft EIR
submittal, (3) final draft EIR submittal, and (4) during preparation of response to
comments. This' phase of work ,lso provides the opportunity for sound project'
management to ensure that the project is running on time and within the budget. To
ensure a smooth progression of events, telephone contact will be maintained between
MBA and the city's Project Manager on no less than a weekly basis.
Products (Task F): Attendance at up to four meetings and no less than weekly
communication with The h'vine Company and the City of Tustin project managers.
Ta~k G: Peeparation of Written Findings foe Ineoepo~ation Into Resolution of
Certification
MBA will prepare written findings pursuant to Section 15091 of the state CEQA
guidelines (Section-21081 of CEQA) for each significant effect identified in the
EIR. The importance of these findings to the. legal adequacy of environmental
documents has been reinforced by several court cases, including Cleary vs. County of
Stanislaus, Village l,-guna? Inc. vs. Board of Supervisors of Orange County, and
Eugene R. Atherton vs. Board of Supervisors of Orange County. The nature of the
proposed project justifies the development of comprehensive legal findings to better
protect the environmental analysis from possible legal challenge.
Product (Task G): Written findings for incorporation into the resolution of
certification.
JSTIN-FOUST ASSOCIATES, INC. I TRAFFIC-ENGINEERING AND TRANSPORTATION PLANNING
1450 NORTH TUSTIN AVENUE SUITE 108
SANTA ANA. CALIFORNIA 92701
August 21, 1984
TELEPHONE. (714) 667-0496
Mr. Lloyd Bookout
Michael Brandman Associates
3140 Red Hill Avenue, Suite 200
Costa Mesa. California 92626
RE: East Tustin Residential Development
De~- Lloyd:
Austin-Foust Associates (AFA) is pleased to propose a scope of services
for preparing a traffic analysis for the proposed residential development in East
Tustin. The study will produce the required information for input to your
overall Ell{ for this project. Accordingly, we propose to carry out the
following four work tasks:
1. Prepare Back,round Conditions - 'r~e background traffic conditions for
he proposed project will address a 1990 setting that reflects completion of the
project. Traffic conditions will be examined with aha without the proposed
Jamboree/I-5 interchange. A further situation that will be referenced in the
ElK is a comparison between the trip generation, from the project ana the tl~p
generation that could occur under the existing General Plan.
Data will be drawn .from the Tustin Traffic Study and other sources to
provide background conditions for these three points in time. The background
conditions for 19q0 will be derived from existing volumes and projected growth
in this area. Cumulative volumes from adjacent development in the East Tustin
Specific Plan area (such as the proposed Tustin Auto Center) will be included
as appropriate.
' 2. Analyze Impacts - The impact analysis will involve identifying the
cumulative impacts of the project. Trip generation and trip distribution will be
estimated and then an evaluation made of the capacity impacts on the
surrounaing street system.
Time frame for the impact analysis will be 1990. Two situations will be
examined with respect to the Myford interchange. The first will assume tke
existing highway configuration and interchange with I-5. The second will
assume the new interchange as presently planned and contained in the STIP.
Additionally, impacts with and without the proposed Jamboree/I-5 interchange
will be addressed.
EXHIBIT "B"
The General Plan analysis will be confined to a comparison of trip
generation b~tweerf the General Plan and the proposed development as noted in
Item 1.
3. Prepare Mitigation Package - The final work item will consist of
examining the surrounding street system and determining mitigation measures
that may be required. Typical areas to be examined will include Laguna
Bryan Avenue, N:yford Road and the Myford/I-5 interchange.
4. Report and Presentations - The results of the work will be set out in
a draft written report in suitable format for incorporation into the EIR.
Following. the screencheck, comments will be responded to as required and
incorporated into a final draft.
ESTI~IATED COSTS
Estimated costs for this work is as follo~-s:
Principal
Transportation Planner
Sr. Technical
Technical
40 hours @ $55.00
60 hours @ 530.00
40 hours @ $30.00
50 hours @ $20.00
$2,200.00
1,800.00
1,200.00
1,000.00
Fixed Costs 400.00
TOTAL $6,600.00
TWA/bgw
These costs include attendance at a public hearing for the project.
Thank you for the opportunity to assist in this important planning project.
Very Zruly youzrs,
,'.
Terence ~V. Austin