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10 LICENSING AUTHOR. 02-02-04
AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director 10 MEETING DATE: FEBRUARY 2, 2004 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER REDEVELOPMENT AGENCY LICENSING AUTHORIZATION SUMMARY Authorization is requested for the City Manager and Assistant City Manager to enter into licenses on portions of the former MCAS Tustin currently owned by the City of Tustin or leased by the City of Tustin from the Navy. RECOMMENDATION It is recommended that the City Council: 1. Adopt Resolution No. 04-21 finding that: a) an initial study evaluated the proposed licensing of property owned or and leased by the City (the "Project") in light of the MCAS Tustin Final Joint Program EIS/EIR (MCAS Tustin FEIS/EIR) certified on January 16, 2001 and the adopted Mitigation Monitoring Report Program for the MCAS Tustin FEIS/EIR to determine whether, in accordance with CEQA requirements, any additional environmental documentation is required in connection with approval of any license; b) based on the findings in the Initial Study it is determined that the environmental effects of the Project are within the scope of the FEIS/EIR; no substantial changes are proposed or have occurred with respect to cimumstances under which the Project is being undertaken since certification of the MCAS Tustin EIS/EIR; no new information has become available since certification of the Final EIS/EIR, and; pursuant to Public Resources Code Section 2116 and the requirements of CEQA regulations promulgated with respect thereto including Title 14 California Code Of Regulations Section 15168 no additional environmental analysis action, or document is required by CEQA for City's actions and all applicable mitigation measures described in the adopted Mitigation Monitoring Report for the MCAS Tustin FEIS/EIR are incorporated into this Project or will be conditions of approval of any specific license or subsequent development plan processing for the Project. Subject to non-substantial modifications as may be determined necessary by the City Attorney or City Manager prior to execution, approve and authorize the City Manager or Assistant City Manager to execute licenses for authorized Interim Uses on portions of the former MCAS Tustin in ownership or Lease Licensing Authorization February 2, 2004 Page 2 from the Navy and to carry out all actions necessary to implement licenses including but not limited to execution of all related documents and to carry out all actions necessary to implement any granted licenses. FISCAL IMPACT With certain licensing it is expected that the City will be relieved of certain annualized caretaker and security expenses. There will remain minor expenses related to execution of all documentation for licensing and for administration of the licenses. However, cost savings are expected to offset current expenses. Any utility expenses or other City expenses will also be recoverable expenses in the license. BACKGROUND/DISCUSSION The MCAS Tustin Specific Plan/Reuse Plan anticipated a process for permitting interim uses of property not intended to be a permanent part of any future development plan. These were not new or special event uses but those that would be a continuation of uses on the property similar to those that existed prior to base closure. For instance, prior to adoption of the Specific Plan, the City authorized its caretaker at Tustin Legacy to occupy a building previously used for office and maintenance support. The City also provided a security office building at the Red Hill and Valencia entrances to Tustin Legacy to its security contractor. These uses are similar to preexisting uses of these buildings at the former MCAS Tustin. Unlike normal entitlements, however, in addition to approval of any Interim Use Permit by the Community Development Department, the City's real estate ownership and leasing of portions of Tustin Legacy from the Navy necessitates that the City assume a normal real estate role and approve and execute real estate licenses or leases for certain interim uses of property. City staff would like the general authority to execute individual licenses without having to bring each and every one before the City Council. The criteria that would be recommended to specifically limit this authority would be those specific uses of property that are similar in nature to preexisting uses that occurred at Tustin Legacy. This by its nature would ensure that there would not be a breach of any environmental considerations under CEQA not already evaluated in the FEIS/EIR. A copy of a typical licensing form and examples of specific licensing conditions are attached. The City is currently negotiating with Tustin Legacy Partners for a temporary office and the Orange County Rescue Mission for a temporary storage facility at Tustin Legacy. The buildings that each entity is interested in were previously either an office facility or storage building. Authorization for the licensing authority requested will permit City staff to move forward on an Interim Use Permit for both uses. Licensing Authorization February 2, 2004 Page 3 ENVIRONMENTAL CLEARANCE In accordance with the provisions of the National Environmental Policy Act ("NEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and City prepared the MCAS Tustin Final Joint Final Environmental Impact Statement/Environmental Impact Report (MCAS Tustin FEIS/EIR) for the reuse and disposal of the former MCAS Tustin ( the "Program EIS/EIR"). On January 16, 2001, the City of Tustin certified the MCAS Tustin FEIS/EIR (referred to for CEQA purposes as the "Program EIS/EIR"). The Navy subsequently issued a Record of Decision ("NEPA ROD") regarding the disposal of the former MCAS Tustin on March 2, 2001. The MCAS Tustin FEIS/EIR was a Program EIS/EIR, which examined development and reuse plan implementation activities on 1606 acres of property. Pursuant to CEQA Guidelines 15168, the City of Tustin has completed an environmental checklist and determined that all effects associated with proposed general authorization for licensing and all related implementing actions and all other supporting documentation were adequately evaluated in the MCAS Tustin FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce the effects of the project that have not been considered and adopted. The Environmental Analysis Checklist for Projects Previously Certified/Approved Environmental Documents prepared for this project is on file with the Redevelopment Agency. Staff recommends that the City Council concur with this conclusion with the approval of Resolution No. 04-21. Please note that any new development activity associated with specific licenses may require each applicant to also be responsible for additional environmental clearance. Christine Shi~ Assistant City Ma~]a'ger Attachments: Example of Licensing Form Initial Study Resolution No. 04-21 ATTACHMENT I LICENSE AGREEMENT between THE CITY OF TUSTIN and for the USE OF CERTAIN PREMISES AT MCAS, TUSTIN dated as of License Former MCAS Tustin Page 1 Dated LICENSE FOR USE OF PROPERTY AT FORMER MCAS TUSTIN LICENSE NUMBER i-]WITHIN NAVY-LEASED LIFOC AREA I--IwITHIN TUSTIN PUBLIC FINANCE AUTHORITY DEED AREA ~IWITHIN CITY OF TUSTIN DEED AREA r-IClTY LAND USE AND BUILDING OFFICIAL APPROVAL THIS LICENSE TO USE FORMER MARINE CORPS AIR STATION (MCAS) TUSTIN PROPERTY HEREIN DESCRIBED IS ISSUED BY THE CITY OF TUSTIN, AS THE PROPERTY'S DEED HOLDER OR AS LESSEE OF THE DEPARTMENT OF THE NAVY FOR THE PROPERTY WITHIN THE LEASED LIFOC AREA, OR BY THE TUSTIN PUBLIC FINANCE AUTHORITY AS THE PROPERTY'S DEED HOLDER TO THE LICENSEE NAMED BELOW FOR THE PURPOSE HEREIN SPECIFIED UPON THE TERMS AND CONDITIONS SET FORTH BELOW, THE GENERAL PROVISIONS AND ANY SPECIAL CONDITIONS ATTACHED HERETO. BY THE EXECUTION HEREOF THE LICENSEE AGREES TO COMPLY WITH ALL SUCH TERMS, CONDITIONS AND GENERAL PROVISIONS. 1. PROPOSED ACTIVITY (property location) 2. DATES COVERED (inclusive) FROM TO 3. DESCRIPTION OF PROPERTY (include Reuse Plan pa, reel number, site acreage, building, etc., as applicable and appropriate) Building No. and adjacent land area as shown on and more fully described in Exhibit A attached hereto and made a part of hereof and hereinafter referred to "Premises." [issue re: asbestos containing buildings] 4. PURPOSE OF LICENSE ' 5. LICENSOR 5a. AUTHORIZED REPRESENTATIVES City of Tustin Dana Ogdon, Program Manager 300 Centennial Way 300 Centennial Way, Tustin, CA 92780 Tust[n, CA 92780 (714) 573-3010 6. LICENSEE [Complete legal name] 6a. AUTHORIZED REPRESENTATIVE 7. CASH PAYMENT BY LICENSEE (Payable in advance) a. AMOUNT b. FREQUENCY c. FIRST DUE DATE d. TO: PAYMENTS DUE City of Tustin TOTAL (Payment) Monthly Attn: Dana Ogdon 300 Centennial Way, Tustin, CA 92780 e. LATE CHARGE (if late 5 business days after due, 10% of overdue amount) 8. DEPOSIT FOR UTILITIES AND SERVICES (Payable in advance) a. AMOUNT b. FREQUENCY c. FIRST DUE DATE d. TO: PAYMENTS DUE City of Tustin TOTAL (Payment) Monthly Attn: Dana Ogdon 300 Centennial Way, Tustin, CA 92780 e. LATE CHARGE (if late 5 business days after due, 10% of overdue amount plus interest from date due at 10%.) 9. SECURITY DEPOSIT (amount due payable in advance) 10. INSURANCE REQUIRED AT EXPENSE OF LICENSEE TYPE MINIMUM AMOUNT DEDUCTIBLE/OTHER PROVISIONS a. BROAD FORM COMPREHENSIVE, PUBLIC SEE SECTION 11. LIABILITY AND PROPERTY DAMAGE, FIRE AND EXTENDED COVERAGE b. WORKER'S COMPENSATION 1].. GENERAL PROVISIONS (attached) SEE ALSO SPECIAL PROVISIONS ATTACHED AS ITEM 12 AND HERETO MADE A PART HEREOF. IN THE EVENT OF ANY CONFLICT WITH THE GENERAL PROVISIONS OF THE LICENSE, THE SPECIAL PROVISIONS SHALL PREVAIL AND OVERRIDE THE GENERAL PROVISIONS. 12. EXECUTION OF LICENSE FOR NAME, POSITION AND TITLE SIGNATURE DATE CITY OF TUSTIN CHRISTINE A. SHINGLETON (LICENSOR) Assistant City Manager LICENSEE (Signatory(les) for a corporation must be authorized by Board) APPROVED AS TO LOIS E. JEFFREY FORM: City Attorney 11. GENERAL PROVISIONS 11.1 Subject to the City of Tustin land use and building official approval, Licensor hereby grants to the Licensee the right to use the Premises or facilities described in Item 3, together with the necessary rights of ingress and egress. 11.2 This License shall be effective for the period stated in Item 2, but is revocable at any time for any reason upon written notice at the discretion of the Licensor or its duly authorized representative without liability to the Licensor. 11.3 The use shall be limited to the purposes specified herein. 11.4 Licensee agrees to accept the Premises [facilities] "as is, where is" in its present condition and subject to and without liability to Licensor. This License shall be neither assignable nor transferable by the Licensee. Licensee shall not, without Licensor's prior written consent, (i) assign, convey, mortgage, pledge, encumber or otherwise transfer (whether voluntarily or otherwise) this License or any interest under it; (ii) allow any transfer of or any lien upon Licensee's interest by operation of law; (iii) sublet the Premises [facilities] or any part thereof; or (iv) permit the use or occupancy of the Premises [facilities] or any part thereof by anyone other than Licensee and its employees. 11.5 If utilities and services are furnished to the Licensee for its use of the Premises [facilities], the Licensee shall reimburse the Licensor for the cost thereof as determined by the Licensor. 11.6 The Licensee, at its own cost and expense, shall protect, maintain, and keep in good order, the Premises licensed hereby. The Licensee shall provide, at its sole cost and expense, for all janitorial supplies and services to the Premises. In addition, Licensee shall also provide at its sole cost and expense all repair and maintenance of said Premises. 11.7 No additions to, alterations or improvements of the Premises shall be made by the Licensee without the prior written consent of the Licensor. Upon revocation or surrender of this License, to the extent directed by the Licensor, the Licensee shall remove all alterations, additions, betterments and improvements made, or installed, and restore the Premises to the same or as good condition as existed on the date of entry under this License, reasonable wear and tear excepted. Permanent improvements/alterations, if authorized in writing, made to the building shall become the property of the City of Tustin upon termination of the License. License Former MCAS Tustin Page 2 Dated 11.8 Insurance: 11.8.1 Licensee shall provide and maintain at its own expense during the term of this License the following insurance covering its operations under this License. Such insurance shall be provided with insurers authorized to do insurance business in the State of California, with a rating of at least A-, X, according to the latest Best's Key Rating Guide. Evidence of such insurance in the form of Certificates and Insurer Endorsements shall be delivered to Licensor as a precondition to Licensor's execution of the License and shall be provided on Licensor's own form, attached hereto as Exhibit B (the "Form"). The Endorsements shall specifically identify this License and shall provide that (1) Licensor is to be given at least thirty (30) days advance written notice, of any cancellation or termination of insurance; (2) Such insurance, shall be primary to and not contributing with any other insurance maintained by Licensor; (3) shall name the Licensor, and the United States of America, acting by and through the Department of the Navy (the "Government") (for Licenses within the LIFOC area), addressed to the Department of the Navy, Real Estate Contracting Officer, Southwest Division Naval Facilities Engineering Command, 1220 Pacific Coast Highway, San Diego, CA 92132- 5190, and their respective officers and employees as additional insureds and provide that all losses shall be payable notwithstanding any act or failure to act or negligence of Licensor or Government (for Licenses within the LIFOC area), or any other person and (4) shall contain a provision that the insurer waives any right of subrogation against the Licensor and the Government which may arise by reason of any payments made under a policy. All insurance shall be maintained on an occurrence basis and shall include the following: Comprehensive General Liability Insurance. Comprehensive general liability and property damage insurance covering the Licensed Premises, contractual, broad form property damage, and bodily injury or death, with a combined single limit of not less than $1,000,000 per occurrence with respect to personal injury or death, and $1,000,000 per occurrence with respect to property damage. Workers Compensation Insurance. Workers compensation insurance in an amount and form meeting all applicable requirements of the California Labor Code, covering all persons providing services by or on behalf of Licensee and all risks to such persons. Fire and Extended Liability Insurance. To the extent a Licensee is occupying any building or improvements on the Premises owned by Government or City, Licensee shall provide adequate fire insurance that in the event of loss thereunder, the proceeds of the policy or policies, at the election of the Government or Licensor, as applicable, shall be payable to Licensor to be used solely for demolition of damaged or destroyed structures and improvements, removal of debris, and clearance of the Licensed Premises or for repair, restoration or replacement of the property damaged or destroyed. Any balance of the proceeds not required for such purposes shall be paid to Government within a LIFOC area and to City or all other sites. If Government or Licensor does not elect, by notice in writing to the insurer within thirty (30) calendar days after the damage or destruction occurs, to have the proceeds paid to Licensor for the purposes herein above set forth, then such proceeds shall be paid to Government for LIFOC areas and City on all other sites, provided however that the insurer, after payment of any proceeds to Licensor in accordance with the provision of the policy or policies, shall have no obligation or License Former MCAS Tustin Page 3 Dated liability with respect to the use or disposition of the proceeds by Licensor. Nothing herein contained shall be construed as an obligation upon Government or Licensor to repair, restore or replace Licensed Premises or any part thereof. Deductibles. All insurance limits shall be without deduction, provided that the United States Government (for Licenses within the LIFOC area) and Licensor may permit a deductible amount in those costs where, in its judgment, such a deduction is justified. Subcontractors. Licensee shall include all of its subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Verification of Coverage. The Insurer endorsements required herein are to be signed by a person authorized by that insurer to bind coverage on its behalf, All endorsements are to be received and approved by the Licensor before Licensor execution of the License. Failure by Licensee to procure or maintain all required insurance shall constitute an Event of Default, upon which Licensor may immediately terminate this License. Licensee's operations shall be subject to suspension by Licensor during any period Licensee fails to maintain required insurance in full force and effect. 11.8.2 Licensee shall defend, with counsel acceptable to Licensor, indemnify, and save harmless Licensor and the Government and their respective agents and employees from, and shall pay all costs, expenses and reasonable attorney's fees for all trial and appellate levels and post judgment proceedings in connection with, any and all claims and demands, actions, proceedings, losses, liens, costs and judgments of any kind and nature whatsoever, including expenses incurred in defending against legal actions, for death or injury to persons or damage to property and for civil fines and penalties arising or growing out of, or in any manner predicated upon the occupation or use of the Premises by Licensee, its employees, agents, servants, guests, invitees, contractors, or sublessees, including the following: Any dangerous, hazardous, unsafe or defective condition, in or on the Premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use or occupation of the Premises by Licensee, its officers, agents, employees, sublessees, licensees or invitees from commencement of the term of the License; Any operation conducted upon or any use or occupation of the Premises by Licensee, its officers, agents, employees, sublessees, licensees or invitees under or pursuant to the provisions of this License or otherwise; c. Any act, omission, or negligence of Licensee its officers, agents, employees; d. The loss of, or damage to any property of Licensee by theft or otherwise; License Former MCAS Tust~n Page 4 Dated Any failure of Licensee, its officers, agents, employees or sublessees to comply with the terms or conditions of this License, the LIFOC, or any applicable federal, state, regional or municipal law, ordinance, rule or regulation related to the use or occupancy of the Premises. 11.9 Damaqe and Destruction. In the event of damage or loss to the Buildings or improvements situated on the Premises, the following shall apply: L:icensee shall take all appropriate steps to erect necessary structures to preclude unauthorized access to the Premises and otherwise mitigate hazardous and unsafe conditions within the Premises caused by the damage and destruction. In the event that damage and destruction to the Premises is the result of an event for which insurance coverage is not required hereunder or is in excess of the amount required, Licensee shall have the option to repair the Premises, or if such damage and destruction render the Premises unusable for their intended purposes, to terminate this License in accordance with applicable provisions herein by written notice to the Licensor. In the event Licensee elects to terminate this License, Licensee shall be responsible for removing its property from the Premises including all hazardous materials it brought to the Premises, and for reporting, containing, removing and cleaning up any land, air and water pollution resulting from the damage and destruction which is attributable to Licensee's use of the Premises. Such responsibilities will be carried out by Licensee in a timely manner with due consideration for human health and safety and the protection of the environment. 11.10 For Licenses within the LIFOC Area, Licensee acknowledges that Licensor's rights to the property arise solely under the License in Furtherance of Conveyance (LIFOC) between Licensor and the United States of America executed May 13, 2002, Notwithstanding any provisions of this License, Licensee hereby agree as follows: (1) Licensee shall be bound by and perform all of the terms and conditions to be per[ormed by Licensor under the LIFOC to the extent applicable to the Premises and/or Licensee's occupancy under this License; (2) Licensee shall comply with all covenants and conditions of the LIFOC respecting Licensor's use and occupancy of the Premises; (3) Licensee shall not do or permit anything to be done in or on the Premises which will cause the occurrence of a default by Licensor under the LIFOC; (4) Licensee shall defend, indemnify and hold Licensor harmless from and against any cost, claim, liability, loss or damage occurring by reason of Licensee's breach or default of this License, including, without limitation, the cost of cure, loss of the LIFOC, and any attorneys' fees and disbursements incurred in connection with the foregoing; (5) if the LIFOC expires or is terminated for any reason, including without limitation, any default by the Licensor or United States of America thereunder, or the United States of America's election to exercise any right to terminate, then this License shall thereupon terminate, without any liability to Licensor (unless such expiration or termination is caused by a material default of Licensor under the LIFOC), as if such date were the scheduled expiration date of the term. Licensor shall take all reasonable actions to keep the LIFOC in full force and effect during the term of this License. Notwithstanding the preceding sentence, Licensor shall not be required to initiate any legal action. In the event of any conflict in the Rights of Licensee under this License and the Rights of Licensor under the LIFOC, the terms and covenants of the LIFOC shall control. A copy of the LIFOC is attached as Exhibit C. 11.11 Licensee will at all times during the use of this License promptly observe and comply, at its sole cost and expense, with the provisions of all applicable Federal, State, and local laws, regulations, and standards concerning environmental qualify and pollution control and abatement, with respect to its occupancy and use of the Premises. Licensee covenants License Former MCAS Tustin Page 5 Dated that it will not improperly generate, use, or store hazardous substances or hazardous waste on the Premises. Licensee shall promptly notify the City of Tustin and supply copies of any notices, reports, correspondence, and submissions made by Licensee to any Federal, State, or local authority, or received by Licensee from said authority, concerning environmental matters or hazardous substances or hazardous waste on, about, or pertaining to the Premises. Licensee shall defend, indemnify and hold harmless the City of Tustin from and against all claims, liabilities, losses, damages and costs, foreseen or unforeseen, which the City of Tustin may incur by reason of Licensee's action or non-action with regard to obligations under this paragraph, and this provision shall survive the expiration or termination of the License. Licensee shall at a minimum maintain and keep the Premises in the same condition as originally provided by the Licensor, reasonable wear and tear and damage by casualty not caused by the negligence of Licensee or its agents, contractors or employees excepted. Licensee shall not make or permit to be made any use of the Premises or any part thereof (i) which would violate any of the covenants, agreements, terms, provisions, and conditions of this License or the LIFOC; or (ii) which would directly or indirectly violate any federal, state or local law, ordinance, rule or governmental regulation; or (iii) which will suffer or permit the Premises or any part thereof to be used in any manner or permit anything to be brought into or kept therein which, in the reasonable judgment of Licensor, shall in any way impair or tend to impair the character, reputation or appearance of the Premises or which will impair or interfere with or tend to impair or interfere with any of the services performed by Licensor. Licensee shall not display, inscribe, print, maintain or affix on any place in or about the Premises any sign, notice, legend, direction, figure or advertisement, except as may be approved by Licensor in writing. Licensee shall not attach any additional locks or similar devices to any door or window, change any locks or make additional keys for any doors to the Premises, without Licensor's prior written consent. All keys must be returned to Licensor at the expiration or termination of this License. Unless Licensor gives advance written consent, Licensee shall not install or operate any steam or internal combustion engine, boiler, in or about the Premises, or use any illumination other than electric light, or use or permit to be brought into the building any inflammable fluids such as gasoline, kerosene, naphtha and benzine, or any explosives, radioactive materials or other articles deemed extra hazardous to life, limb, or property. Licensee shall not use the Premises for any illegal or immoral purpose. The sidewalks, halls, passages, exits and entrances shall not be obstructed by Licensee or used for any purpose other than for ingress to and egress from the Premises. Licensee shall not use, keep, or permit to be used or kept any foul or noxious gas or substance on the Premises, or permit or suffer the Premises to be occupied or used in a manner offensive or objectionable to Licensor by License Former MCAS Tustin Page 6 Dated reason of noise, odors and/or vibrations, or interfere in any way with other Licensees or those having business therein, nor shall any animals or birds be brought in or kept in or about the Premises. Licensee shall comply with all laws, enactments, rules, ordinances and regulations of all governmental authorities relating or applicable to Licensee's occupancy of the License Premises and all covenants of the LIFOC governing use of the Premises. Licensee shall obtain all permits and licenses required by the City of Tustin and shall pay all required fees. i. Outside storage areas are not permitted unless expressly authorized in writing by Licensor. 11.12 Licensee is required to provide for its own security and safety within the Premises. A Security Plan is attached as Exhibit D to this License. 11.13 Violation of any requirement listed above or any of the Special Provisions identified in Section 12 (attached) may be grounds for immediate termination of the License, at no cost or liability to the Licensor. License Former MCAS Tustin Page 7 Dated 12. SPECIAL PROVISIONS 12.1 Licensee shall not undertake any activity that may affect an identified historic or archeological property, including excavation, construction, alteration, maintenance or repairs of the Licensed Premises, Historic Buildings, or sites in a manner that is inconsistent with the Memorandum of Agreement Among the United States Navy, the California State Historic Preservation Officer and the Advisory Council on Historic Preservation for the Disposal and Reuse of Marine Corps Air Station, Tustin, Orange County, California set forth as Exhibit E. Buried cultural materials may be present on the Licensed Premises. If such materials are encountered, Licensee shall stop work immediately and notify Government and Licensor. 12.2 Licensee shall pay all Taxes (as hereinafter defined) levied or imposed against the Licensed Premises or Licensor and/or Licensee's interest therein during the Term. Taxes shall mean all taxes, assessments and governmental charges, whether federal, state, county or municipal, and whether general or special, ordinary or extraordinary, foreseen or unforeseen, imposed upon the Rent, the Licensed Premises, or any possessory interest therein, or the operation of the Licensed Premises, whether or not directly paid by Licensor. Taxes shall not include income taxes, excess profit taxes, franchise taxes, or other taxes imposed or measured on or by the income of Licensor from the operation of the Licensed Premises, provided, however, that if, due to a future change in the method of taxation or assessment, any income, profit, franchise or other tax, however designated, shall be imposed in substitution, in whole or in part, for (or in lieu of) any tax, assessment or charge which would otherwise be included within the definition of Taxes, such other tax shall be deemed to be included within Taxes as defined herein to the extent of such substitution. There shall be added to Taxes the expenses of any contests {administrative or otherwise) of Taxes incurred during the taxing year, but only to the extent such contests result in a reduction of Taxes for such year or any other year during the Term. Licensee shall pay to the appropriate governmental authority any use, possessory interest, and/or occupancy tax applicable to the Licensed Premises. In the event that Licensor is required by law to collect such tax, Licensee shall pay such use and occupancy tax to Licensor as Additional Rent within ten days of demand and Licensor shall remit any amounts so paid to Licensor to the appropriate governmental authority. The interest created by this License may at some time be subject to property taxation under the laws of the State of California. If property taxes are imposed, the party in whom the possessory interest is vested may be subject to the payment of the taxes levied on such interest. This notice is included in this License pursuant to the requirements of Section 107.6 (a) of the Revenue and Taxation Code of the State of California. Licensee shall pay the Taxes directly imposed upon it or Licensor in accordance with the instructions of the taxing entity. Licensee shall pay the Taxes originally imposed upon Licensor, upon Licensor's election, either (i) annually within 30 days after the date the Licensor provides Licensee with a statement setting forth in reasonable detail such Taxes (which statement shall not be provided to Licensee more than 60 days before such Taxes are due), or (ii) monthly in advance based on estimates provided by Licensor based upon the previous year's tax bill. All Taxes originally imposed upon Licensor and payable by Licensee with respect to the Premises shall be prorated on a per diem basis for any partial tax year included in the Term. Licensee's obligation to pay Taxes during the last year of the Term shall survive the termination of this License. Former MCAS Tustin Page 8 Dated 12.3 In addition to access required under other provisions of this License, the Licensor and the Government (for Licenses within the LIFOC area) shall be allowed access to the Licensed Premises at all reasonable times throughout the term of this License, for any reasonable purposes without prior written notice to the Licensee. Unless an emergency situation, all such entry by the Licensor and Government shall be accompanied by a representative of the Licensee. Licensee shall ensure that a telephone roster is maintained at all times on on-call persons representing Licensee who will be available on short notice, 24 hours a day, 365 days per year, and possess and have authority to use all keys necessary to gain access to the Licensed Premises, to facilitate entry in time of emergency. The Licensee shall ensure that the Licensor has a current roster of such on-call personnel and their phone numbers. Licensee shall have no claim against the Licensor or Government for exercise of their rights of access hereunder. 12.4 Filmin,q; 12.4.1 When requested by the Licensor, the Licensee shall acknowledge the cooperation of the City of Tustin in the credits of the film when filming is completed. 12.4.2 Licensee shall be allowed ingress and egress to the Premises described in item 3. Licensee shall not interfere with any other activities occurring at the former MCAS, Tustin. 12.4.3 Construction of temporary films sets and set up of props and other interior features in Building may be performed without the prior consent of the Licensor, provided such changes do not result in alterations to the structure of the building. All work in connection with temporary improvements made to the Premises or facilities described herein, must be inspected by the City of Tustin's Building, Public Works and Fire Departments for compliance with safety orders, such as fire codes, building codes, etc. Such inspection shall be made within a reasonable period of time. 12.4.4 All rights of every kind in and to all photography and sound recordings made hereunder shall be solely owned in perpetuity by Licensee and its successors, and neither Licensor nor any Licensee or other party now or hereafter having an interest in said Premises shall have any right of action, including without limitations, any right to injunctive relief against Licensee, its successors and/or any other party arising out of any use or non-use of said photography and/or sound recordings. 12.4.5 Neither Licensee, nor its successors shall be obligated to make any actual use of photography, recordings, depictions or other references to the Premises hereunder in any motion picture or otherwise. In the event of any termination or cancellation of this agreement by Licensee, Licensor's sole remedy shall be an action for damages and Licensor irrevocably waives any right to equitable or injunctive relief provided, however that Licensor shall be entitled to maintain an action for ejectment or unlawful detainer for breach of a covenant, including to pay rent or License fees. on 12.5. Other Special Provisions. Temporary Use Permit conditions (to be added based review - i.e. asbestos notification). MCAS~gr~License, L Jeffrey (11-12-03).doc Former MCAS Tustin Page 9 Dated EXHIBIT A Description and Plot Plan of Premises EXHIBIT B Certificate of Insurance CITY OF TUSTIN CERTIFICATION OF INSURANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED NO MOD/FICA TIONS OR ADDITIONS MA Y BE MADE TO THIS FORM TO: CITY OF TUSTIN PROJECT: P.O. Box 1089 Tustin, CA 92781-1089 COMPANIES AFFORDING COVERAGE (Include State of Domicile) (MUST HAVE BEST'S RATING OF AT LEAST A, VII, WORKERS' COMPENSATION AT LEAST B, VII) NAIC # NAME AND ADDRESS OF INSURED CONTRACTOR: COMPANY LETTER A: COMPANY LETTER B: COMPANY LETTER C: COMPANY LETTER D: ~IAME AND ADDRESS OF INSURANCE AGENCY: COMPANY LETTER E: COMPANY LETTER F: This certifies that the policies ct insurance listed below have )een issued to the Insured name above, arc in force at this time, that the City ct Tustin is named as an additional insured* thereon as respects claims adsing in connection with the Project named above and that such insurance shall be pdrnary with respect to any other insurance in force procured by City. *Except for Worker's Comp & Professional Liability Policy Policy All Limits in Thousands Co. Policy Effective Expiration Ltr Type of Insurance Number Date Date General Aggregate GENERAL LIABILITY $ [ ] Commercial Prods-Ooml~Ope Agg. General Liability $ [ ] Occurrence Basis ~ers. & Advg injury $ [ ] Owners & Contractors Each Occurrence $ Protective [ ] Broad Form Prop. Damage Fire Damage [ ] Explosion, Collapse, Any One Fire) Underground Hazards Medical Expense (Any One Person) AUTOMOBILE LIABILITY [ ] Any Auto CSL [ ] All Owned Autos [ ] Scheduled Autos Bodily Injury [ ] Hired Autos (Per Person) [ ] Non-Owned Autos [ ] Garage Liability Bodily Injury (per Occurrenee) $ Propsrty EXCESS LIABILITY [ ] Umbrella Form EACH OCCURRENCE AGGREGATE [ ] Other Umbrella Form $ $ WORKER'S COMPENSATION STATUTORY AND EMPLOYER'S LIABILITY $ Each Accident $ Disease-Policy Limit $ Disease-Each Employee OTHER Doscdption of Opsrations/Locations/Vehioles/Spscial Items: It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to the terms of all Worker's Compensation The issuing company will give thirty (30) days wdtten notice to the City of Tustin pdor to modification or cancellation. DATEISSUED: Authorized Representative of the above-named insurance compsny(ies) 4/16/02 EXHIBIT C LIFOC EXHIBIT D Security Plan EXHIBIT E MOA for Historic Blimp Hangar ATTACHMENT 2 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin This checklist and the following evaluation of environmental impacts takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. BACKGROUND Project Title(s): Lead Agency: License Agreement Authorization and Interim Use Permitting, Former MCAS Tustin Property City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Christine Shingleton Project Location: Phone: (714) 573-3110 at various locations at Tustin Legacy (former Marine Corps Air Station (MCAS)- Tustin). Project Sponsor's Name and Address: General Plan Designation: Zoning Designation: 1. Project Description: Surrounding Uses: City of Tustin 300 Centennial Way Tustin, California 92780 MCAS Tustin Specific Plan MCAS Tustin Specific Plan See Exhibit 1 North: Existing and Planned Commercial/Industrial, and Residential uses further to north. East: existing Residential uses. South: existing Commercial/Business uses. West: Existing light Commercial/Industrial uses. Previous Environmental Documentation: Program Final Environmental Impact Statement/Environmental Impact Report (Program FEIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin (State Clearinghouse #94071005) certified by the Tustin City Council on January 16, 2001. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [-]Land Use and Planning ["-]Population and Housing ['-]Geology and Soils ['-]Hydrology and Water Quality [--]Air Quality [--]Transportation & Circulation [--]Biological Resources [--]Mineral Resources [--]Agricultural Resources [-]Hazards and Hazardous Materials [-]Noise [--]Public Services [-]Utilities and Service Systems [-]Aesthetics [~Cultural Resources [-]Recreation [~Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: [] I find that the proposed project COULD NOT have a. significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: ~/~~ ~~ Date: © i/Z~5/~cx:>~ ~.[md/Ortlieb ~ v Christine A. Shin}leton, AssiSt ~ity Manager Date D. EVALUATION OF ENVIRONMENTAL IMPACTS See Exhibit 1 attached EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? New Significant Impact No Substantial More Change From Severe Previous Impacts Analysis [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: New More Significant Severe Impact Impacts No Substantial Change From Previous Analysis [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? VII.HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? New Significant Impact More Severe Impacts No Substantial Change From Previous Analysis g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: New More Significant Severe Impact Impacts No Substantial Change From Previous Analysis [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] a) Physically divide an established community? [] [] [] b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? New More Significant Severe Impact Impacts No Substantial Change From Previous Analysis [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? New More Significant Severe Impact Impacts [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] No Substantial Change From Previous Analysis g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? New More Significant Severe Impact Impacts No Substantial Change From Previous Analysis [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] EXHIBIT 1 EVALUATION OF ENVIRONMENTAL IMPACTS INTERIM USE PERMIT AND LICENSE AGREEMENT EXECUTION BACKGROUND The former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations of the Federal Base closure and Realignment Commission The City was designated as the Local Redevelopment Authority (LRA) for the reuse of MCAS Tusfin and acting as such approved a Reuse Plan that provides for future land uses at the former MCAS Tusfin on October 1996 and subsequently amended on September 1998 ("the Reuse Plan"). The Reuse Plan was subsequently reviewed and approved by the United States Department of Housing and Urban Development (HUD) as consistent with federal law regarding the Homeless. Zoning and land development regulations were adopted consistent with the Reuse Plan with the City's approval of the MCAS Tustin Specific Plan on February 3, 2003. In accordance with the provisions of the National Environmental Policy Act ("NEPA") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and City prepared a Joint Final Environmental Impact Statement/Environmental Impact Report (Program FEIS/EIR) for the reuse and disposal of MCAS Tustin. On January 16, 2001, the City of Tustin certified the Program FEIS/EIR. The Navy subsequently issued a Record of Decision ("NEPA ROD") regarding the disposal of the former MCAS on March 2, 2001. To date, approximately 1001 acres at the former MCAS Tustin have deed conveyed to the City and approximately 152 acres remained leased by the Navy to the City as part of a "No-Cost" Economic Development Conveyance ("EDC") of property at the former MCAS Tustin, to be used and developed in accordance with the Reuse Plan and Specific Plan. The proposed action being reviewed by this Initial Study may be defined as a "project" under the California Environmental Quality Act (CEQA) Section 21065 and is indicated below: · In addition to approval of any Interim Use Permit by the Community Development Department, the City's real estate ownership and leasing of portions of Tustin Legacy from the Navy necessitates that the City assume a normal real estate role and approve and execute real estate licenses or leases for certain interim uses of property. Therefore, the action requested is for City Council authorization for the City Manager or their designee to enter into short term Licenses of property at the former MCAS Tustin on behalf of the City to support Interim Uses of property which may be approved by the Community Development Department under the Interim Use Pemdt provisions of Section 4.2.6 of the MCAS Tustin Specific Plan. Doing so will bypass City Council approval for each individual use. · The authority granted to the City Manager by the City Council would be limited to specific uses of property that are similar in nature to pre-existing uses that occurred at Tustin Legacy. Exhibit 1 Evaluation of Environmental Impacts EDC Page 2 · Based on the limitations, CEQA compliance with the environmental considerations evaluated in the FEIS/EIR would be secured. Any interim uses specifically proposed in the future would be subject to subsequent environmental review under CEQA as may be required by law. The following information provides background support for the conclusions identified in the Initial Study Checklist. AESTHETICS a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The proposed issuance of license agreements and interim use permits will not directly cause aesthetic impacts. Existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and new uses will not be introduced to the property. Furthermore, the former base is not located on a scenic highway nor will it affect a scenic vista. As such, no new aesthetic impacts will result from issuance of license agreements and interim use permits. Interim uses have been previously considered within the Marine Corps Air Station Tustin Specific Plan (MCASTSP) which was the implantation action for the Program FEIS/EIR for MCAS Tustin which found that there would be no demonstrable negative aesthetic effect on the site. In fact, potential tenants for the lease agreements will provide maintenance of existing on-site facilities and grounds that will ensure the site does not significantly deteriorate. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Required: Compliance with existing rules and regulations is not mitigation under CEQA. Consequently, no mitigation is required. Sources: Field Observations Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-58 through 3-67, 4-81 through 4-92, and 7-22 through 7-24) Reuse Plan/Specific Plan for MCAS Tustin (Pages 2-186 through 2-194 and 3-33 through 3-37). Interim Uses As Implementing Action (Pages 7-1 through 7-12) Tustin General Plan Exhibit 1 Evaluation of Environmental Impacts EDC Page 3 II. AGRICULTURE RESOURCES a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? The proposed issuance of license agreements and interim use permits will not directly cause agricultural resoumes impacts. Only existing facilities will be utilized in the manner (or a less intensive manner) that they have historically been used by the Marine Corps and new uses will not be introduced to the property. The buildings and areas subject to license agreements and interim use permits are generally developed urban uses. Furthermore, all uses are temporary and transitional until permanent development activities are initiated. All farmland activities at the base have ceased, although renewed farming activities could occur elsewhere as a potential City of Tustin sublease function. As such the project would not convert prime farmland, unique farmland or farmland of statewide importance as shown on maps prepared pursuant to the Farmland Managing and Monitoring Program of the California Resources Agency, to non-agricultural use. Also, the property is not zoned for agricultural use or a Williamson Act Contract, nor does the proposed use involve other change in the existing environment that could result in the conversion of farmland to non- agricultural use. Therefore, no additional environmental review will be required under CEQA in addition to considerations already evaluated in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-83 through 3-87, 4-109 through 4-114, and 7-27 through 7-28) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan IlL AIR QUALITY a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or Exhibit 1 Evaluation of Environmental Impacts EDC Page 4 projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? The proposed issuance of license agreements and interim use permits will not directly cause air quality impacts. Existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and new uses will not be introduced to the property. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the Program FEIS/EIR. However, the Program FEIS/EIR also concluded that Reuse Plan related operational air quality impacts were significant and impossible to fully mitigate. A Statement of Overriding Consideration for the Program FEIS/EIR was adopted by the Tustin City Council on January 16, 2001. Sources: Field Observations Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 through153, 4-207 through 4-230 and pages 7-41 through 7-42) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan IV. BIOLOGICAL RESOURCES a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or Exhibit 1 Evaluation of Environmental Impacts EDC Page 5 other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The proposed issuance of license agreements and interim use pemfits will not directly cause biological resources impacts. Only existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and new uses will not be introduced to the property. Furthermore, the Program FEIS/EIR found that implementation of the Reuse Plan would not result in impacts to federally listed threatened or endangered plant or animal species. The areas subject to license agreement and interim use permits are currently developed as an urbanized area with no known biological habitats, flora or fauna, jurisdictional wetlands, etc. Therefore, the proposed project would not impact such resources. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the Program FEIS/EIR. Sources: Field Observations Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3-82, 4-103 through 4-108, and 7-26 through 7-27) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique Exhibit 1 Evaluation of Environmental Impacts EDC Page 6 geologic feature? d) Disturb any cemeteries? human remains, including those interred outside of formal The issuance of license agreements and interim use permits will not directly cause cultural resources impacts. Two blimp hangars and related landing pads form two discontiguous historic districts were eligible for inclusion in the National Register. The license agreement and interim use pem~it provisions will not be utilized for any portion of the historic district or for any site contiguous to any sensitive historic resource. No development or use that would cause significant disruption of soil and archaeological surveys shall occur in association with any license agreement and interim use permit. Only existing facilities would be used in the matter that they have historically been used by the Marine Corps. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Require& Mitigation measures have been adopted by the Tustin City Council in the Program FEIS/EIR. Sources: Field Observations Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3-74, 4-93 through 4-102 and 7-24 through 7-26) Reuse Plan/Specific Plan for MCAS Tustln (Pages 3-33 through 3-37). Tustin General Plan VI. GEOLOGY AND SOILS a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: · Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. · Strong seismic ground shaking? · Seismic-related ground failure, including liquefaction? · Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become Exhibit 1 Evaluation of Environmental Impacts EDC Page 7 unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The proposed issuance of license agreements and interim use permits will not directly cause geology and soils resources impacts. Only existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and new uses will not be introduced to the property. No new development will be associated with the uses and no significant disruption to geology or soils will result. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3-97, 4-115 through 4-123 and 7-28 through 7-29) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan h) HAZARDS AND HAZARDOUS MATERIALS Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, Exhibit 1 Evaluation of Environmental Impacts EDC Page 8 would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposed issuance of license agreements and interim use permits will not directly cause hazardous materials or other hazard impacts. Other than household cleaning materials and substances typically found to support maintenance of the project site, the uses will not be permitted to expose hazards to the public through the transport, use or disposal of hazardous materials. Therefore, there are no reasonable foreseeable upsets or accidents on the property. The Navy has approved a Finding of Suitability to Transfer (FOST) determining that the Quitclaim portions of the project are suitable for reuse as planned within the Reuse Plan for MCAS Tustin. The Navy has also approved a Finding of Suitability to Lease (FOSL) and Lease in Furtherance of Conveyance to the City of Tustin that indicates that certain environmental concerns exist within the leased "Carve-Out" portion of the site. Lease restrictions have been imposed upon the City as lessee (and subsequently interim users licensed by the City) by the Navy that are intended to protect human health and the environment while military contamination at the site is remediated. License agreement and interim use permit activities will be constrained by these restrictions. In addition, the project site is located within the boundaries of the Airport Environs Land Use Plan, however, it is at least 4 miles from John Wayne Airport, does not lie within a flight approach or departure corridor and thus does not pose an aircraft related safety hazard for future residents or workers. The project site is also not located in a wildland fire danger area. Only existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and new uses will not be introduced to the property. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Required: No mitigation is required. Exhibit 1 Evaluation of Environmental Impacts EDC Page 9 ~ources; Field Observation Program FEIS/EIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3-117, 4-130 through 4-138 and 7-30 through 7-31) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37) Finding of Suitability to Transfer (POST) for Parcel 5, MCAS Tustin Tustin General Plan. VIII. HYDROLOGY AND WATER QUALITY a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The proposed issuance of license agreements and interim use permits will not directly cause Exhibit 1 Evaluation of Environmental Impacts EDC Page 10 hydrology and water resources impacts and no impacts to hydrology and water quality are anticipated in association with the proposed interim uses. The proposed project will not impact groundwater in the deep regional aquifer or shallow aquifer or include groundwater removal or alteration of historic drainage pattems at the site in that no new construction, development or, use will occur and only existing facilities will be utilized in the manner (or a less intensive manner) that they have historically been used by the Marine Corps. The project is not located within a 100-year flood area and will not expose people or structures to a significant risk of loss, injury and death involving flooding as a result of the failure of a levee or dam, nor is the proposed project susceptible to inundation by seiche, tsunami or mudflow. All uses at the site would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and the implementation of specific best management practices (BMP). Compliance with state and local regulations and standards would avoid unacceptable risk or the creation of significant impacts related to such hazards. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3-105, 4-124 through 4-129 and 7-29 through 7-30) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37) FEMA Map (1999) Tustin General Plan IX. a) b) c) LAND USE AND PLANNING Physically divide an established community? Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including~ but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Conflict with any applicable habitat conservation plan or natural community conservation plan? The proposed issuance of license agreements and interim use permits will not directly cause land use and planning impacts. The City of Tustin is the controlling authority over implementation of the Reuse Plan for the former base which includes licensing of interim uses. On January 16, 2001, the Tustin City Council approved a General Plan Amendment Exhibit 1 Evaluation of Environmental Impacts EDC Page 11 that established an MCAS Specific Plan General Plan land use designation for the site, creating a consistent policy and regulations governing interim uses and subsequent redevelopment of MCAS Tustin. On February 3, 2003, the Tustin City Council formally adopted the MCAS Tustin Specific Plan as the land use regulations for the former base. The Reuse Plan/Specific Plan for MCAS Tustin provides guidance for interim uses on the subject site and will mitigate land use incompatibility with adjacent and internal uses whether those uses be completed projects, projects under construction, or other permitted interim uses. Individual site-specific compatibility impacts could be addressed by buffering screening, setbacks, etc. Also, the proposed project will not conflict with any, habitat conservation plan or natural community conservation plan. Existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and new uses will not be introduced to the property. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tusfin are anticipated. Mitigation/Monitoring Required: Compliance with existing roles and regulations is not mitigation under CEQA. Consequently, no mitigation is required. Sources: Field Observation Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17,4-3 to 4-13 and 7-16 to 7-18) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan X. MINERAL RESOURCES a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposed issuance of license agreements and interim use permits will not directly cause mineral resources impacts in that in that no new construction or development will occur and only existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and new uses will not be introduced to the property. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Require& No mitigation is required. Sources: Field Observation Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91) Exhibit 1 Evaluation of Environmental Impacts EDC Page 12 Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan XI. NOISE a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The proposed issuance of license agreements and interim use permits will not directly cause noise impacts. Interim uses are likely to result in some noise generating activities. The Program FEIS/EIR indicates that full build-out of the base will create noise impacts that would be considered significant if noise levels experienced by sensitive receptors would exceed those considered "normally acceptable" for the applicable land use categories in the Noise Elements of the Tustin General Plan. However, only existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and new uses will not be introduced to the property. The license agreement and interim use permit shall have language to ensure that interim use activities would be sound attenuated against present and projected noise so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in any adjacent habitable rooms to reduce noise related impacts to a level of insignificance and to comply with noise thresholds established by the General Plan. Compliance with state and local regulations and standards, along with established engineering procedures and techniques, will avoid unacceptable risk or the creation of significant impacts related to such hazards. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Exhibit 1 Evaluation of Environmental Impacts EDC Page 13 Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the Program FEIS/EIR. Sources: Field Observation Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162, 4-231 to 4-243 and 7-42 to 7-43) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tusfin General Plan XlI. POPULATION & HOUSING a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed issuance of license agreements and interim use permits will not directly cause population and housing impacts. All former on-base military housing has been vacated and military personnel have been relocated; therefore, no replacement housing or infrastructure improvements will be required. Only existing facilities will be utilized in the manner (or a less intensive manner) they have historically been used by the Marine Corps; therefore, no new population growth will occur and no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4-14 to 4-29 and 7-18 to 7-19) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or Exhibit 1 Evaluation of Environmental Impacts EDC Page 14 physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: The proposed issuance of license agreements and interim use permits will not directly cause public services impacts. Prior to base closure, the Marine Corps provided public services to the base's inhabitants including fire and police protection services, day-care, libraries, recreation facilities, etc. to the base property (with cooperative agreements with the local community for fire and police support services). Military dependents of school age typically attended local schools. The proposed uses are not expected to increase the demands for fire and police protection services, schools, libraries, recreation facilities and biking/hiking trails previously placed on the community by the military prior to base closure. Fire protection. The proposed uses will be required to meet existing Orange County Fire Authority (OCFA) regulations regarding occupancy, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the site. The number of fire stations in the areas surrounding the site will meet the demands created by the proposed project. Police protection. The need for police protection services is assessed on the basis of resident population estimates, square footage of non-residential uses, etc. The proposed project will not immediately increase the need for police emergency and protection services. As a function of the lease agreement, the uses shall provide their own security. Schools. No new or additional environmental impacts to schools are anticipated in that no housing is associated with any license agreement and interim use permit and there will not be any more students than previously existed prior to base closure. Other Public Facilities (Libraries). No housing is associated with any license agreement and interim use permit and there will not be any more public facility users than previously existed prior to base closure. Implementation of the proposed uses will not result in an increase in the demand for and utilization of public services and facilities beyond the existing capacity nor create a demand that exceeds the available planned capacity of those services. Pursuant to the above, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tusfin are anticipated. Mitigation/Monitoring Require& No mitigation is required. Exhibit 1 Evaluation of Environmental Impacts EDC Page 15 Sources: Field Observation Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4-56 to 4-80 and 7-21 to 7-22) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The proposed licensed and permitted uses would not generate a use of existing neighborhood, regional parks or other recreational facilities beyond that previously generated when the Marine Corps operated the base. Only existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and uses requiring recreation will not be introduced to the property under a license agreement or interim use permit. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation Program FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 347 to 3- 57, 4-56 to 4-80 and 7-21 to 7-22 Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37) Tustin Parks and Recreation Services Department Tustin General Plan XV. TRANSPORTATION & CIRCULATION a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or Exhibit 1 Evaluation of Environmental Impacts EDC Page 16 highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The proposed issuance of license agreements and interim use permits will not directly cause transportation and circulation impacts in that no more Average Dally Trips (ADT) will occur beyond those previously generated when the Marine Corps operated the base. Closure of MCAS Tustin and the realignment of servicemen and their families have nearly eliminated previously existing MCAS Tustin demands upon public transit services, airport, parking, and the bicycle trail system. Each licensed interim use will be reviewed and evaluated to account for the cumulative ADT generated by the use, to ensure adequate roadway improvements are available to serve the use. As monitored by City staff, the proposed uses would not result in a significant transportation and circulation impacts. The interim uses will be required to meet all Transportation related Program FEIS/EIR Implementation and Mitigation Measures. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. MitigatioWMonitoring Require& Mitigation measures have been adopted by the Tustin City Council in the Program FEIS/EIR. Sources: Field Observation Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-118 through 3-142, 4-139 through 4-206 and 7-32 through 7-41) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan XVI. UTILITIES & SERVICE SYSTEMS a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Exhibit 1 Evaluation of Environmental Impacts EDC Page 17 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The proposed issuance of license agreements and interim use permits will not directly cause utilities impacts. Much of the utility infrastructure supporting the former MCAS Tustin was originally constructed in the 1940's. Subsequent improvements were made by the military in a piecemeal fashion in support of a military mission with the existing systems now determined to be antiquated, undependable and inadequate to support interim uses. As such, interim uses will be providing their own utility services (i.e. potable water, sanitary facilities, electricity, etc.) Due to the absence of any functional utilities and prohibition of use, the proposed project would not immediately or negatively impact any utility service provider's (electricity, gas, telephone, cable television, etc.) off-site capacity. All existing on-site utility systems are have been transferred from the Navy to the City of Tustin. However, most utility systems will not be available pursuant to license agreement and/or interim use permit conditions. Due to the reduction of usage caused by base closure and realignment, the proposed project would not result in a need for new landfill service systems or facilities. Consequently, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tustin are anticipated. Mitigation/Monitoring Required: No mitigation is required. Exhibit 1 Evaluation of Environmental Impacts EDC Page 18 Sources: Field Observations Program FEIS/E1R for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3-46, 4-32 through 4-55 and 7-20 through 7-21) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. in that only existing facilities will be utilized in the manner (or a less intensive manner) than they have historically been used by the Marine Corps and new uses will not be introduced to the property. Therefore, no additional environmental impacts not already evaluated in the FEIS/EIR for MCAS Tusfin are anticipated. The proposed interim uses do have air quality impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of all pe,vdtted interim uses combined. The Program FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan. Certain mitigation measures have been proposed to reduce impact but not to a level of insignificance. A Statement of Overriding Consideration for the Program FEIS/EIR has been adopted by the Tustin City Council on January 16, 2001. Mitigation/Monitoring Required: The Program FEIS/EIR previously considered all environmental impacts associated with the implementation of the Reuse Plan. Mitigation measures have been adopted by the Tustin City Council in the Program FEIS/EIR. Exhibit 1 Evaluation of Environmental Impacts EDC Page 19 SotlFCeS : Field Observations Program FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11) Reuse Plan/Specific Plan for MCAS Tustin (Pages 3-33 through 3-37). Tustin General Plan S:\Cdd\Tustin Legacy~license agreement authorization environmental clearance.doc ATTACHMENT 3 RESOLUTION NO.04-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT PURSUANT TO PUBLIC RESOURCES CODE SECTION 2116 AND SECTION 15168(c) OF STATE CEQA GUIDELINES THE PROJECT IS WITHN THE SCOPE OF THE FINAL JOINT PROGRAM MOAS ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MOAS TUSTIN FEIS/EIR) AND NO NEW ENVIRONMENTAL DOCUMENT IS REQUIRED; APPLICABLE MITIGATION MEASURES HAVE BEEN INCORPORATED INTO THE PROJECT OR WILL BE CONDITIONS OF APPROVAL ON ANY SPECIFIC ENTITLEMENT APPLICATIONS The City Council of the City of Tustin hereby finds, determines and orders: That Licensing Authority at Tustin Legacy and the respective Interim Use Permit entitlement applications are considered collectively a "Project" pursuant to the terms of the California Environmental Quality Act; and That The MOAS Tustin Final Program EIS/EIR previously certified on January 16, 2001 was considered through an Initial Study for this Project. The City Council hereby finds: that this project is within the scope of the previously approved MOAS Tustin FEIS/EIR based on an Initial Study as well as the MCAS Tustin Specific Plan previously approved by the City Council on February 3, 2003 with adoption of Ordinance No. 1257; the effects of the project relating to all environmental impact issues were examined in the MCAS FEIS/EIR. The applicable mitigation measures developed in the MOAS Tustin FEIS/EIR are incorporated into the standard licensing form or will be conditions of Interim Use Permit entitlement approvals. That the environmental effects of the Project are within the scope of the MCAS Tustin FEIS/EIR and were fully examined in the MCAS Tustin FEIS/EIR; no substantial changes are proposed in the Project or have occurred with respect to circumstances under which the Project is being undertaken since certification of the MCAS Tustin FEIS/EIR; no new information has become available since that the certification of the MCAS Tustin FEIS/EIR, and pursuant to Public Resources Code Section 2116, and the requirements of CEQA regulations promulgated with respect thereto including Title 14 California Code of Regulations Sections 15162 and 15168(c), no additional environmental analysis, action or document is required by the CEQA. Resolution No. 04-21 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of February 2004. TONY KAWASHIMA, Mayor IPAMELA 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. 04-21 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of February 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK