HomeMy WebLinkAbout09-ATTACHMENT C(d) MITIGATION AND MONITORING AND REPORTING PROGRAMSupplemental Mitigation Monitoring and Reporting Program
March 2017 ] Supplemental Mitigation Monitoring and Reporting Program
State Clearinghouse No. 1994071005
TUSTIN LEGACY
SPECIFIC PLAN AMENDMENT
City of Tustin
Prepared far.
City of Tustin
Contact: Justina Willkom, Assistant Director - Planning
300 Centennial Way
Tustin, California 92780
714.573.3115
Prepared by,
PlaceWorks
Contact: Niche Morse, Esq,, Associate Principal
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
info@placeworks,com
www.placeworks.com
® PLACEWORKS
TUSTIN LEGACY SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF TUSTIN
Table of Contents
Section Page
1. INTRODUCTION— ...........................................................................................................................1
1.1 PURPOSE OF MITIGATION MONITORING PROGRAM, ...... ........................ ................................... 1
1.2 BACKGROUND....................................................................................................................................................2
1.3 PROJECT SUMMARY ......................... .................................................. ............................................................... 4
1.4 PROJECT LOCATION........................................................................................................................................5
2. MITIGATION MONITORING REQUIREMENTS..............................................................................7
2.1 MITIGATION MONI'T'ORING PROGRAM ORGANIZATION...........................................................7
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TUSTIN LEGACY SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF TUSTIN
Table of Contents
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1 . Introduction
1.1 PURPOSE OF MITIGATION MONITORING PROGRAM
This Mitigation Monitoring and Reporting Program (MMRP) has been developed to provide a vehicle by
which to .monitor mitigation measures and conditions of approval outlined in the Draft Supplemental
Environmental Impact Report (DSEIR), State Clearinghouse No, 1994071005. The Mitigation Monitoring
Program has been prepared in contormance with Section 21081.6 of the Public Resources Code and City of
Tustin Monitoring Requirements. Section 21081.6 states;
(a) When making the findings required by paragraph (1) of subdivision subsection (a) of
Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2)
of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes
made to the project or conditions of project approval, adopted in order to mitigate or
avoid significant effects on the environment. The reporting or monitoring program shall
be designed to ensure compliance during project implementation. For those changes
which have been required or incorporated into the project at the request of a
responsible agency or a public agency having jurisdiction by law over natural resources
affected by the project, that agency shall, if so requested by the lead agency or a
responsible agency, prepare and submit a proposed reporting or monitoring program,
(2) The lead agency shall specify the location and custodian of the documents or other
material which constitute the record of proceedings upon which its decision is based.
(b) A public agency shall provide that measures to mitigate or avoid significant effects on the
environment are fully enforceable through permit conditions, agreements, or other measures.
Conditions of project approval may be set forth in referenced documents which address
required mitigation measures or, in the case of the adoption of a plan, policy, regulation, or
other public project, by incorporating the mitigation measures into the plan, policy,
regulation, or project design.
(c) Prior to the close of the public review period for a draft environmental impact report or
mitigated negative declaration, a responsible agency, or a public agency having jurisdiction
over natural resources affected by the project, shall either submit to the lead agency
complete and detailed performance objectives for mitigation measures which would address
the significant effects on the environment identified by the responsible agency or agency
having jurisdiction over natural resources affected by the project, or refer the lead agency -to
appropriate, readily available guidelines or reference documents. Any mitigation measures
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TUSTlN LEGACY SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF TUSTIN
1. Introduction
submitted to a lead agency by a responsible agency or an agency having jurisdiction over
natural resources affected by the project shall be limited to measures which mitigate impacts
to resources which are subject to the statutory authority of, and definitions applicable to, that
agency. Compliance or noncompliance by a responsible agency or agency having jurisdiction
over natural resources affected by a project with that requirement shall not limit the
authority of the responsible agency or agency having jurisdiction over natural resources
affected by a project, or the authority of the lead agency, to approve, condition, or deny
projects as provided by this division or any other provision of law.
The MORP will serve to document compliance with adopted/ certified mitigation measures that are
formulated to minimize impacts associated with future development that would be accommodated by the
Tustin Legacy Specific Plan Amendment.
1.2 BACKGROUND
1.2.1 Adopted WAS Tustin Specific Plan
Specific plans act as a bridge between a general plan and individual development proposals. Jurisdictions may
adopt specific plans by resolution or ordinance. The WAS Tustin Specific Plan (Adopted Specific Plan) was
adopted by ordinance on February 3, 2003, and established the zoning for the 1,606 -acre project area. It also
established the necessary plans, development standards, regulations, infrastructure requirements, design
guidelines, and implementation programs on which subsequent, project -related development is founded. It is
intended that local public works projects, design review plans, detailed site plans, grading and building
permits, or any other action requiring ministerial or discretionary approval applicable to the project area be
consistent with the Specific Plan. The Specific Plan was amended six times between 2010 and 2014 in
response to changing market conditions. In 2011, the City developed a "disposition strategy" as a
recommended framework for future development in the project area. Most recently, the City used the strategy
to facilitate three projects in the area with The Irvine Company, Saint Anton, and Standard Pacific, resulting
in the development of market rate and affordable apartments and single family development..
1.2.2 Previous Environmental Documentation
Final Environmental Impact StatementlFinal Environmental Impact Report for the Disposal and
Reuse of MCAS Tustin
A final environmental impact statement/final environmental impact report ( 2001 FEIS/EIR," SCEs#
94071005) was prepared for the disposal and reuse of the MCAS Tustin and certified by the Tustin City
Council on January 16, 2001 (Resolution 00-90). The Tustin City Council adopted General Plan Amendment
00-001, which incorporated the Reuse Plan land use designations into the General Plan for the portion of
MCAS in the City of Tustin. On March 2, 2001, a Record of Decision was issued by the US Navy approving
the 2001 FEIS/EIR and Reuse Plan. The 2001 FEIS/EIR analyzed the consequences of the Navy disposal
and local community reuse of the WAS Tustin site per the Reuse Plan and the WAS Tustin Specific
Plan/Reuse Plan (Adopted Specific Plan or Adopted Project) in accordance with CEQA and the National
Environmental Policy Act. The analysis covered the entire 1,606 acres of the project area in both the Tustin
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PROJECT TITLE MITIGATION MONITORING PROGRAM
CLIENT
1. Introduction
and Irvine. The project included implementation actions that the cities were required to fulfill on the MCAS
Tustin Specific Plan/Reuse Plan, including the adoption of the MCAS Tustin Specific Plan/Reuse Pian and
MCAS Tustin Redevelopment Plan by the City of Tustin. 'Ihe preferred reuse plan analyzed in the 2001
FEIS/EIR allowed up to 11.4 million square feet of nonresidential land uses and 4,601 residential units
across both jurisdictions. Pursuant to the implementation actions, the Tustin City Council adopted the MCAS
Tustin Specific Plan/Reuse Plan on February 3, 2003 (Ordinance No. 1257).
Since certification of the 2001 FEIS/EIR, the City has prepared one supplement and two addenda to the
2001 FEIS/EIR, and has certified or adopted multiple CEQA documents for amendments to the MCAS
Tustin Specific Plan and development projects in the Tustin Legacy area The purpose and application of the
supplement and addenda are summarized below. The original 2001 FEIS/EIR, the supplement, and the
addenda are collectively referred to herein as the "FEIS/EIR"
2004 Supplemental EIR
The "Supplemental EIR to the Final EIS/EIR for the Disposal and Reuse of Marine Corps Air Station,
Tustin, California.: Extension of Tustin Ranch Road between Walnut Avenue and the Future Alignment of
Valencia North Loop Road" ("2004 SEIR," SCH# 1994071005) was certified on December 6, 2004. It
analyzed the impacts of a one -mile extension of Tustin Ranch Road from Walnut Avenue on the north to the
future alignment of Valencia North Loop Road on the south. The segment included an overpass spanning
the Orange County Flood Control District right-of-way, the Orange County Transportation Authority /
Southern California Regional Rail Authority railroad right -of -war and Edinger Avenue.
The 2004 SEIR determined that there were no substantial changes in the existing conditions or new
significant environmental impacts associated with aesthetics, agriculture resources, biological resources,
cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use
and planning, mineral resources, population and housing, public services/utilities, and recreation. The 2004
SEIR focused on three environmental topics: transportation/traffic, air quality, and noise. Mitigation
measures were adopted for all three topic areas. The significant unavoidable adverse impacts remained with
respect to air quality (construction -related and long-term emissions) and traffic (intersections of Tustin Ranch
Road/Walnut Avenue and Jamboree Road/Barranca Parkway), and the 2004 SEIR relied on the statement of
overriding considerations adopted with certification of the 2001 FEIS/EIR
2006 Addendum
On April 3, 2006, the City certified the "MCAS Tustin Zone Change (Specific Plan Amendment) 05-002,
Master Developer Disposition and Development Agreement, and Development Plan Addendum to the Final
Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of the MCAS
Tustin" ("2006 Addendum"). The Specific Plan Amendment reduced permitted nonresidential development
in the project area by about one million square feet to approximately 10.4 million square feet, but retained the
same number of residential units— i.e., 4,601. The zone change adjusted the planning area boundaries and
redistributed or eliminated planned land uses, but did not increase the overall development potential or
residential capacity allowed under the Specific Plan. The Disposition and Development agreement was made
to facilitate the sale, leasing, and development of Tustin Legacy,
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TUSTIN LEGACY SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF TUSTIN
1. Introduction
2013 Addendum
An addendum to the FEIS/EIR was prepared to process General Plan Amendment 2013-001, Specific Plan
Amendment 2013-001, Development Agreement 2013-002, and an Agreement for Exchange of Real
Property between the City and South Orange County Community College District on 22 acres. The land
transfer was in the western part of the Specific Plan area near the intersection of Red I-0 Avenue and
Valencia Avenue. The project added a new local street, Bell Avenue (now named Victory Road between Red
1111 Avenue and Armstrong Avenue), to service adjacent uses; added an allowable land use (private for-profit
noneducational uses); and increased allowable building square footages in the education village
(Neighborhood A).
Subsequent Environmental Review
The FEIS/EIR was a Program EIR that was intended as the CEQA compliance for future development
consistent with the MCAS Tustin Specific Plan. The FEIS/EIR analyzed a multiyear development period for
the planned urban reuse project (now called "Tustin Legacy"). As individual development projects were
proposed in the Specific Plan area, the City (lead agency) determined whether the environmental impacts of
individual activities were fully analyzed in the FEIS/EIR- The City could approve projects that were within
the scope of the project as analyzed by the FEIS/EIR. The City would then determine the appropriate level
of CEQA review.
Adopted MMRP
Included in the resolutions related to the aforementioned CEQA documents (Le., Resolution Nos, 00-90, 04-
77,
477, 06-43, and 13-32) was a requirement for a MMRP for the Disposal and Reuse of WAS Tustin. The 2016
Annual Mitigation Monitoring and Status Report for the Final Joint Environmental Impact
Statement/Environmental Impact Report (As modified by Final Supplement # 1 and Addendum to
FEIS/EIR) includes a status report related to the current implementation status of each adopted mitigation
measure. This status report is prepared annually or biannually.
1.3 PROJECT SUMMARY
The proposed project, the Tustin Legacy Specific Plan Amendment ("Modified Project") is a revision of the
Adopted Specific Plan. The Modified Project includes the Tustin Legacy Specific Plan Amendment (2015-
001) and General Plan Amendment (2015-002). Tustin Legacy Specific Plan Amendment will guide
development of the remaining undeveloped Specific Plan area in the City of Tustin. These remaining parcels
would besold, leased, or developed by the City. Eventually these parcels would be developed by number of
landowners within the framework established by the Tustin Legacy Specific Plan. The Specific Plan
Amendment calls for a range of residential product types as well as education, commercial,
commercial/business, entertainment/recreation, and park land uses. The General Plan Amendment would
include minor text amendments to ensure cons istency with the proposed Specific Plan Amendment.
Buildout of the Modified Project would encompass 6,813 residential units and 9,532,419 nonresidential
square feet. This is 2,212 more residential units and 1,755,306 fewer square feet than the. Adopted Specific
Plan.
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PROJECT TITLE MITIGATION MONITORING PROGRAM
CLIENT
1. Introduction
1.4 PROJECT LOCATION
The Modified Project is in an urbanized area in the southern portion of the City of Tustin and the northwest
portion of the City of Irvine in Orange County, California: The 1,606 -acre project area includes 1,511 acres
in Tustin and approximately 95 acres in Irvine. The major roadways that border the site are Red Hill Avenue
on the west, Edinger Avenue on the north, Harvard Avenue on the east, and Barranca Parkway on the south.
Jamboree Road transects the site and provides access to the State Route 261(SR-261) which is a toll road
Regional access to the project area is also provided by State Route 55 (SR 55) via Edinger Avenue/Newport
Avenue and Barranca Parkway/Dyer Road to the northwest and by Interstate 5 (I-5) via Red Hill Avenue,
Tustin Ranch Road, and Jamboree Road to the northeast.
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TUSTIN LEGACY SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF TUSTIN
1. Introduction
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2. Mitigation Monitoring Requirements
2.1 MITIGATION MONITORING PROGRAM ORGANIZATION
CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval
that are necessary tomitigate or avoid significant effects on the environment (Public Resources Code
21081..6). The mitigation monitoring and reporting program is designed to ensure compliance with adopted
mitigation measures during project implementation. For each mitigation measure recommended in the
DSEIR, specifications are made herein that identifythe action required and the monitoring and reporting that
must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions
of approval contained in the NBW.
To effectively track and document the status of mitigation measures, a mitigation matrix has been prepared
(see Table 2-1). This table only lists mitigation measures introduced or modified by the DSEIR. For
additional mitigation applicable to implementation of the Tustin Legacy Specific Plan, refer to the document
listed below.
2016 Annual Mitigation Monitoring and Status Report for the .Final Joint Environmental Impact
Statement/Environmental Impact Report (As modified 6y Final Supplement #I and Addendum to FEISI EIR)
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TUSTIN LEGACY SPECIFIC PLAN AMENDMENT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF TUSTIN
2. Mitigation Monitoring Requirements
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