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Home My WebLink AboutCC RES 04-73 RESOLUTION NO. 04-73 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 WITHIN THE SCOPE OF THE FINAL JOINT PROGRAM MCAS ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL IMPACT REPORT (MCAS 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 PENDING ENTITLEMENT APPLICATIONS The City Council of the City of Tustin does hereby resolve as follows: I. II. The City Council finds and determines as follows: A. That Vesting Tentative Tract Map No. 16695 is considered a "Project" pursuant to the terms of the California Environmental Quality Act; B. That the Marine Corps Air Station (MCAS) Tustin Reuse Plan/Specific Plan Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) was certified by the City Council on January 16, 2001. The FEIS/EIR considered the potential impacts associated with development on the former Marine Corps Air Station, Tustin, including development of commercial uses within Planning Areas 16,17, and 19. c. That an initial study checklist, attached as Exhibit A hereto, was prepared to evaluate the potential impacts associated with the Project. The initial study checklist demonstrates that all potential impacts of the Project were addressed by the certified FEIS/EIR, no additional impacts have been identified, and all applicable mitigation measures in the FEIS/EIR will be implemented through the Mitigation Monitoring Program for the Project (Attachment 2 of Exhibit A), Disposition and Development Agreement 04- 02, or as conditions of approval of the Project. The City Council hereby finds for Vesting Tentative Tract Map 16695 that this Project is within the scope of the previously approved MCAS Tustin Final Program EIS/EIR previously certified on January 16, 2001, 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; that 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 Resolution No. 04-73 Page 1 of 57 the MCAS Tustin FEIS/EIR; no new information has become available since 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. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of August 2004. jll~ TON~SHI MA Mayor ~M~ PAMELA S OKER City Clerk STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN) SS 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. 04-73 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of August, 2004, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: KAWASHIMA, BONE, DAVERT, HAGEN, THOMAS NONE NONE NUNt; (5 ) (0) (0) tV) Resolution No. 04-73 Page 2 of 57 EXHIBIT A OF RESOLUTION NO. 04-73 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 StatementÆnvironmental Impact Report (EISÆIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin This checklist and the ~ollowing evaluation of environmental impacts (Attachment 1 of Exhibit A of Resolution No. 3924) 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. A. BACKGROUND Project Title(s): Lead Agency: Development of "The District at Tustin Legacy" City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Project Location: Matt West Phone: (714) 573-3118 Planning Areas 16, 17, and 19 of the MCAS- Tustin Specific Plan (Reuse Plan Disposition parcels 10, 11, and 12), the future Warner Avenue to the north, the. future Tustin Ranch Road to the west, Planning Area 18 (Reuse Plan Disposal Parcel 9) to the southwest, Barranca Parkway to the south, Jamboree Road to the east. Project Sponsor's Name and Address: Vestar Developmentf Kimco Tustin, L.P. 2425 East Camelback Road Phoenix, AZ 85016 General Plan Designation: Zoning Designation: Project Description: Surrounding Uses: MCAS Tustin Specific Plan SP-l Specific Plan, Planning Areas 16, 17, and 19 Approval of a Disposition and Development Agreement (DDA) between the City of Tustin and Vestal Development and Concept Plan 04-001, Vesting Tentative Tract Map 16695, Design Review 04-010, Conditional Use Pennit 04-015, and Variance 04-002 for the purpose of developing 1,006,100 square feet of retail uses within a development to be known as "The District at Tustin Legacy". North and West: South: . East: Northeast: Existing former MCAS Tustin Airfield Facilities Light IndustriallBusiness Parks Jamboree Road/Industrial Uses Existing Single-Occupancy HotcResolution No. 04-73 Page 3 of 57 Previous Environmental Documentation: Program Final Environmental Impact StatementlEnvironmental 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. B. 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 0 below. OLand Use and Planning OPopulation and Housing DGeology and Soils DHydrologyand Water Quality DAir Quality DTransportation & Circulation DBiological Resources OMineral Resources DAgricultural Resources OHazards and Hazardous Materials ONoise DPublic Services DUtilities and Service Systems DAesthetics DCultural Resources DRecreation DMandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DEÇLARA TION will be prepared. D 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. . D I find that the proposed project MA Y have a significant effect on the environment, and an ENVIRONMENTAL IMP ACT REPORT is required. D I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect I) 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 IMP ACT 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. Resolution No. 04-73 Page 4 of 57 ..-- 0 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. att West, Associate Planner a ~ . rdr~ L>f.~~{J ~ Elizabeth A. Binsack, Community Development Director Date:~ Date 7 ~ /tt:/. tf'7" / Preparer Date 7...../lf"'{) ~ / D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached Resolution No. 04-73 Page 5 of 57 EV ALUA TION OF ENVIRONMENTAL IMPACTS No Substantial New More Change From Significant Severe Previous I. AESTHETICS - Would the project: Impact Impacts Analysis a) Have a substantial adverse effect on a scenic vista? 0 0 ~ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 0 0 ~ c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 0 ~ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 0 0 ~ 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? 0 0 ~ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 0 0 ~ 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? 0 0 ~ III. AIR OUALITY: 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? 0 0 ~ b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 0 0 IZJ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is oon- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 0 0 ~ d) Expose sensitive receptors to substantial pollutant concentrations? 0 0 IZJ e) Create ob~e<;tionable odor~ affecting a substantial number ofpeopl~so utlon No. 04-7 - 0 0 IZJ Page 6 of 57 No Substantial New More Change From Significant Severe Previous IV. BIOLOGICAL RESOURCES: - Would the project: Impact Impacts Analysis a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidåte, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? 0 0 [8 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 ofFish and Game or U.S. Fish and Wildlife Service? 0 0 ~ 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? 0 0 ~ d) Interfere substantial1y 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? 0 0 ~ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 0 ~ t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 0 0 [8 V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15O64.5? 0 0 ~ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? 0 0 ~ 0 0 ~ 0 0 [8 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 fonnal 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: I-<esolutlon NO. U4- (3 Page 7 of 57 No Substantial New More Change From Significant Severe Previous Impact Impacts 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. 0 0 !81 ii) Strong seismic ground shaking? 0 0 !81 iii) Seismic-related ground failure, including liquefaction? 0 0 !81 iv) Landslides? 0 0 !81 b) Result in substantial soil erosion or the loss of topsoil? 0 0 ~ 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? 0 0 !81 d) Be located on expansive soil, as deemed in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? 0 0 !81 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? 0 0 !81 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? 0 0 ~ 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? 0 0 181 c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 0 0 181 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? 0 0 !81 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? 0 0 !81 t) F or =Wß~ty of a private airstrip, would th ¡iijti ~sih in a safety hazard for people residing or working in the project area? --D 0 ~ No Substantial New More Change From Significant Severe Previous g) Impair implementation of or physically interfere with an Impact Impacts Analysis adopted emergency response plan or emergency evacuation plan? 0 0 ~ h) Expose people or structures to a significant risk of loss, injury or death involving wildland fifes, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 0 0 ~ VIII. HYDROWGY AND WATER OUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? 0 0 ~ 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)? 0 0 ~ 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? 0 0 ~ 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? 0 0 ~ 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? 0 0 ~ f) Otherwise substantially degrade water quality? 0 0 IZI g) Place housing within a tOO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 0 0 IZI h) Place within a I OO-year flood hazard area structures which would impede or redirect flood flows? 0 0 IZI i) Expose people or structures to a significant risk of toss, injury or death involving flooding as a result of the failure ofa levee or dam? 0 0 [8J 0 0 IZI j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? ---D 0 ~e::;ululiull~u. 04-7.3 Page 9 of 57 No Substantial New More Change From Significant Severe Previous b) Conflict with any applicable land use plan, policy, or Impact Impacts Analysis 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? 0 0 IZI c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 0 IZI 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? 0 0 l??J 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? 0 0 IZI 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? 0 0 l??J b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? 0 0 ~ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 ~ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 ~ 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? 0 0 ~ 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? 0 0 ~ 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)? 0 0 ~ b) D" rS21~m~' 04ïl3 f .. h . ISp e u Dum ers 0 exlstmg ousmg, necessitat pe oR ction of replacement housing elsewhere? --D 0 181 No Substantial New More Change From Significant Severe . Previous Impact Impacts Analysis c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 ~ 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? 0 0 cg¡ Police protection? 0 0 ~ Schools? 0 0 ~ Parks? 0 0 ~ Other public facilities? 0 0 ~ ---- 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? 0 0 [8) 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? 0 0 ~ XV. TRANSPORTATIONffRAFFIC - 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)? 0 0 ~ b) Exceed, either individual1y or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 0 0 ~ 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? 0 0 ~ d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 0 0 ~ e) Result in inadequate emergency access? 0 0 Resolutio'Øo. 04-73 Page 11 of 57 f) Result in inadequate parking capacity? ---D 0 !8! No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis g) Contlict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 0 0 ~ XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 0 0 IZI 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? 0 0 ~ 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? 0 0 IZI d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 0 0 ~ 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? 0 0 IZI f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 0 0 IZI g) Comply with federal, state, and local statutes and regulations related to solid waste? 0 0 IZI XVII. MANDA TORY 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? 0 0 ~ 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)? 0 0 ~ c) DO~rQject have environmental effects which will cause s H/f<da~e~lc1s on human beings, either directly gp(HàJ&Hý1> 7 -D CJ ~ A TT ACHMENT 1 OF EXHIBIT A OF RESOLUTION NO. 04-73 EvaluatiQn of Environmental Impacts PLANNING AREAS 16, 17 AND 19 OF MCAS TUSTIN SPECIFIC PLAN VEST AR DEVELOPMENT - "THE DISTRICT AT TUSTIN LEGACY" DISPOSITION AN DEVELOPMENT AGREEMENT 04-002, VESTING TENTATIVE TRACT MAP 16695, CONCEPT PLAN 04-001, DESIGN REVIEW 04-010, CONDITIONAL USE PERMIT 04-015, AND VARIANCE 04-002 BACKGROUND The fonner Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999. The City was designated as the Local Redevelopment Authority (LRA) for the reuse of MCAS Tustin and, acting as such, approved a Reuse Plan that provided for future land uses at the fonner MCAS Tustin on October 1996, subsequently amended on Septembér 1998 ("the Reuse Plan"). The Reuse Plan was subsequently reviewed and approved by the United States Department of Housing and Urban Development (RUD) as consistent with federal law regarding the homeless. In accordance with the provisions of the National Enviromnental Policy Act ("NEP A") of 1969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and City prepared a Joint Final Program Environmental Impact StatementJEnviromnental Impact Report for the Reuse and Disposal of MCAS Tustin. On January 16, 2001, the City of Tustin certified the Final Joint Program Enviromnental Impact StatementJEnvironmental Impact Report for the disposal and reuse of MCAS- Tustin (referenced as FEISÆIR herein). The project is within the MCAS Tustin Specific Plan, which includes 1,000 acres that have been conveyed by deed from the Department of the Navy to the City of Tustin and approximately 153 acres conveyed by lease to the City of Tustin for redevelopment of the former Marine Corps Air Station (MCAS). The project site includes approximately 111.77 gross acres within Planning Areas 16, 17, and 19 of the MCAS Tustin Specific Plan and an additional seven (7) parcels leased to the City of Tustin by the Department of Navy, known as Lease In Furtherance of Conveyance (LIFO C) parcels, as legally described in Navy documents as parcels III-C-3, III-C- 4, III-C-5, III-D-9, III-D-ll, II-D-I0, and portions of parcels III-H-13 and IV-G-3. The site is bounded by future Warner Avenue to the north, future Tustin Ranch Road to the west, the existing Army Reserve site to the southwest, Barranca Parkway to the south, and Jamboree Road to the east. Portions of Reuse Plan Disposition Parcels 8, 14, 16, 27, and 31 are also included within the boundaries of the vesting Tentative Tract Map for the sole purpose of showing the ultimate Warner Avenue, South Loop Road, and Tustin Ranch Road right-of-way improvements. The proposed project is a subdivision request for a vesting Tentative Tract Map (VTTM 16695) for the purpose of creating approximately twenty-nine (29) numbered lots and twelve (12) lettered lots to accommodate approximately 1,006,100 square feet of retail development known as "The District at Tustin Legacy." The project request is also for Concept Plan 04-001 to verify the project is consistent with the intent of the Specific Plan as a whole, Design Review 04-010 to review the site plan and building designs, Conditional Use. Permit 04-015 to review two (2) drive-through restaurants, a movie theater, a gas station, master sign program, and shared Resolution No. 04-73 Page 13 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 2 parking analysis, and Variance 04-002 to construct the movie theater building fifteen (15) feet from Barranca Parkway where a minimum thirty (30) foot building setback is required, and at a height of sixty (60) feet where a maximum fifty (50) foot height is permitted within Planning Area 19 of the MCAS Tustin Specific Plan. Primary access to the site will be provided at the intersections of Warner Avenue and South Loop Road, Tustin Ranch Road and South Loop Road, and Barranca Parkway and Millikan Avenue. Excepting the requested variances, the proposed project is consistent with the requirements and intent of the Specific Plan. The applicant is proposing 1,006, 100 square feet of commercial uses and Alternative #1 in the FEISÆIR for MCAS Tustin previously analyzed 1,442,710 square feet of commercial uses within Planning Areas 16, 17, and 19. All related environmental impacts were considered for the FEISÆIR and. all applicable implementation measures and mitigation measures are either included in the Mitigation Monitoring Program (Attachment 2 of Exhibit A of Resolution No. 04-73), DDA 04-02, or as conditions of project approval, as identified in the Mitigation Monitoring Program. The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. 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? The project is not located on a scenic highway nor will it affect a scenic, vista. Development of the vacant aircraft facilities, parking aprons, and open areas of short grasses would be replaced by a more urban view with vertical elements, such as buildings, driveways, parking lots, and landscaping. Development of commercial uses within Planning Areas 16, 17, and 19 was considered within the FEISÆIR and will have no negative aesthetic effect on the site when mitigation measures are incorporated with approval of the project. All exterior design is required to be in compliance with Section 2.17.3 (B) - Urban Design Guidelines for Non-Residential Development of MCAS Tustin Specific Plan, the applicable development standards in Sections 3.8.2 and 3.8.4, and the Landscape Concept Section 2.17.2 as they relate to design of Warner Avenue, Tustin Ranch Road, Barranca Parkway, Jamboree Road, the South Loop Road, primary street corners, and project entries. The applicant is requesting to construct a movie theater building fifteen (15) feet from Barranca Parkway where a minimum thirty (30) foot building setback is required and at a Resolution No, 04-73 Page 14 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 3 height of sixty (60) feet where a maximum fifty (50) foot height is pennitted within Planning Area 19 of the MCAS Tustin Specific Plan and will be processed in accordance with Section 4.2.4. In accordance with the FEISÆIR, the proposal includes a design review application process in accordance with Section 4.2.2 for Development Project review, which will ensure that the design of the project is cohesive and in harmony with the surrounding development. The project will utilize a variety of lighting methods to create distinct lighting sub-areas, or districts, on the project site through the use of pole- and wall- mounted light fixtures, in-grade and above grade uplights, festival lighting in trees, etc; however, all exterior lighting would be designed to reduce glare, create a safe night environment, and avoid impacts to surrounding properties in compliance with Section 2.17.3 (B) of the MCAS Tustin Specific Plan and the City's Security Ordinance. The proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified Program FEISÆIR. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISÆIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observations FEISÆIR for Disposal and Reuse of MCAS Tustin Reuse Plan and MCAS Tustin Specific Plan (pages 2-167 through 2-171,3- 105 through 110, 3-115 through 118) Tustin Security Ordinance Tustin General Plan n. 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 Ca'ifornia 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 convenion of Farmland to non-agricultural use? The project would have a minimal impact to Reuse Plan Disposal Parcel 31 and not impact 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 changes in the Resolution No. 04-73 Page 15 of 57 Attacrunent 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTIM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 4 III. existing environment that could result in the conversion of fannland to non-agricultural use. Existing portions of the site are identified as "Airfield Operations! Agricultural" in the Specific Plan; however, except for an extremely small portion of Parcel 31, no area of the project site is currently used or designated as agricultural land. Consequently, no mitigation measures are necessary and no substantial change is expected from the analysis previously completed in the FEISÆIR for MCAS Tustin. Mžtžgation/Monžtoring Required: In certifying the FEISÆIR, the Tustin City Council adopted Findings of Fact and Statement in Overriding Consideration concluding that impacts to agricultural resources were unavoidable (Resolution No. 00-90). No mitigation is required. Sources: Field Observations FEISÆIR for Disposal and Reuse of MCAS Tustin (page 3-84, 4-109 through 114) Resolution No. 00-90 Reuse Plan and MCAS Tustin Specific Plan Tustin General Plan 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 that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? All air quality environmental impacts related to development of the entire Specific Plan area (including the project site) were considered in the adopted FEISÆIR. Development of the entire project would: 1) be inconsistent with the 1994 and 1997 South Coast Air Basin (SCAB) Air Quality Management Plan (AQMP); 2) exceed South Coast Air Quality Management District (SCAQMD) thresholds of significance for CO, NO, and ROC from long-term operation emissions from mobile (vehicular) and stationary sources; and 3) would exceed SCAQMD thresholds of significance during some or all phases of the project for peak reduced emissions of suspended particulates (PMIO), reactive organic compounds (ROC), and oxides of nitrogen (NOx) due to construction activities. However, a Statement of Overriding Considerations for the FEISÆIR was adopted by the Tustin City Council on January 16, 2001, identifying specific justifiable economic, legal, Resolution No. 04-73 Page 16 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 5 social, technological, or other considerations. Since the proposed project includes 1,006,100 square feet of retail development with a maximum floor area ratio (FAR) of .32, which is less than the 1,442,710 square feet and pennitted FAR range of .32-.54 analyzed in the FEISÆIR for the project area, no additional impacts are anticipated. Construction air emissions are also anticipated and would result from the following four (4) construction activities: 1) demolition (which may include asbestos removal); 2) mass grading; 3) site preparation and utility installation; and 4) building construction. Consequently, no substantial change is expected from the analysis previously completed in the FEIS/EIR. Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEIS/EIR for operational and construction activities. However, the FEIS/EIR also concluded that the Reuse Plan related operational air quality impacts were significant and could not be fully mitigated. A Statement of Overriding Considerations for the FEIS/EIR was adopted by the Tustin City Council on January 16, 2001 (Resolution No. 00-90). Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-143 throughl53, 4-207 through 4-230 and pages 7-41 through 7-42) Reuse Plan and MCAS Tustin Specific Plan (pages 2-167 through 2-171,3- 105 through 110, 3-115 through 118) Resolution No. 00-90 Tustin General Plan 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) Inteñere substantially with the movement of any native resident or migratory fISh or wildlüe species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Resolution No. 04-73 Page 17 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTIM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 6 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 FEISÆIR found that implementation of the Reuse Plan and MCAS Tustin Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species, however, the FEISÆIR determined that implementation of the Reuse Plan and MCAS Tustin Specific Plan (including the proposed project site) could impact jurisdictional waters/wetlands and the southwestern pond turtle, which is identified as a "species of special concern" by the California Department of Fish and Game (CDFG), or have an impact on jurisdictional waters/wetlands. Mitigation measures were included in the MCAS Tustin FEISÆIR to require the relocation of the turtles and establishment of an alternative off-site habitat, and to require the applicant will obtain Section 404, Section 1601, and other permits as necessary for areas on the project site affecting jurisdictional waters of the U.S. or vegetated wetlands. Therefore, no substantial change is expected from the analysis previously completed in the FEISÆIR for MCAS Tustin. The proposed project is within the scope of development considered with the analysis of the FEISÆIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISÆIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observations FEISÆIR 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 and MCAS Tustin Specific Plan (pages 2-167 through 2-171,3- 105 through 110, 3-115 through 118) Tustin General 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? £) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? Numerous archaeological surveys have been conducted at the fonner MCAS Tustin site. In Resolution No. 04-73 Page 18 of 57 Attachment I of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 7 1988, the State Office of Historic Preservation (SHPO) provided written concurrence that all open spaces on MCAS Tustin had been adequately surveyed for archaeological resources. Although one archaeological site (CA-ORA-381) has been recorded within the Reuse Plan area, it is believed to have been destroyed. It is possible that previously unidentified buried archaeological or paleontological resources within the project site could be significantly impacted by grading and construction activities. With the inclusion of mitigation measures identified in the MCAS Tustin FEISÆIR that require construction monitoring, potential impacts to cultural resources can be reduced to a level of insignificance. No substantial change is expected from the analysis previously completed in the FEISÆIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted 'by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for. the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observations 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 and MCAS Tustin Specific Plan (Pages 2-167 through 2-171,3- 105 through 110, 3-115 through 118) Tustin General Plan 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: . 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 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 (2001), 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 Resolution No. 04-73 Page 19 of 57 VON _ K A R Y A N I M AVE 0) cn (D O N Q O. O .3 40 C^ Y V W RMW* 9R m A PAIII 11 t / /�\ YAAR 13 PAIR z 14 //I6 ___._..,-..... PAD p A Pm Pb •\ / // / / t� Y V / FTI Is«/fI PA 1*_ I I I I I I 1� I I I I I I I � •�. I I I I I I 1 1 1 1 1 1 1 1 I �o : I ! YAAw VAIq YAAOt MAJOR YAJOR YAAJR YAAI er• ( I Z ! 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W (ml �sIEAMYr uuwat/ nom Isccan (A•) m n sf e w / •Dan IIAQ mm R-1 D41wkAYDI AMC IIKRWT 41AL111/ r/1 AMC Y4•B A RA s1A rA6 Slot/ swR LA w warwu ruwo u. 1crL no/ tsa.Dfir rY.Y l•R Dslmn •l PACO.M LAST.c wDx w ru —U IM" RALAC SEE, a / / r1t aw�u RAAIR AA•t Lai AM I n.M AME K nas rtAIYw sAASIA& m:MR va rm•uv AlY/Mi0 ry AxQ w owl fRMKS 7tK1 RAME w w Ar [m• mon Alaw wr eAMAaY 1A•Aa marAlsY IMQ W w Aao u1. m rDwAa Yvaw. sot IAnrr wIA,R w aYa t.R w �oYAn sr r,K w.r f' -A• rrt•t •rR °S,Pr KK s1oID fro[ LAY M LEGEND W° \O?f99Ak4E4 ( '`Y FCO0Y SCHEME 4.18—SIGNAGE SIC;I1Afi KM I --104 Wirk IKW Vestar va" D".wp—f ce 7= Ora 10" Lacy f.*Gff0 m am 1101-I m OW SW -OM FAl A-1.1 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts D.DA 04-02, VTIM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 9 t) 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 inteñere 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 project will not create a significant hazard to the public through the transport, use, or disposal of hazardous materials, nor are there reasonably foreseeable upset and accident conditions at the property. Construction and operation of commercial uses would not emit hazardous emissions within a quarter mile of an existing or proposed school. The Navy has prepared and approved a Finding of Suitability to Transfer (FOST), in compliance with the MCAS Tustin FEISÆIR, detennining that the Quitclaimed portions of the project site are suitable for transfer and reuse as previously planned within the Reuse Plan for MCAS Tustin and as shown in the MCAS Tustin Specific Plan. The Navy has also prepared and approved a Finding of Suitability Lease (FOSL), in compliance with the MCAS Tustin FEISÆIR, detennining that the remaining portion of the project site currently leased to the City of Tustin by the Department of Navy are limited areas where lease restrictions are in place to prevent human exposure to potential contaminants while Navy remedial action and ongoing investigations are being concluded. These areas, as they affect portions of the site to be sub-leased and conveyed to the Developer are identified on Vesting Tentative Tract Map 16695 as lots 13, 14,21,22,23,24,25,26, and 28. In addition, the project is at least two (2) miles from John Wayne Airport, lies within a flight approach or departure coITidor, and is within the within the boundaries of the Airport Environs Land Use Plan (AELUP); however, the Airport Land Use Commission of Orange County has not adopted an Accidental Potential Zone (APZ) in the AELUP for MCAS Tustin. As a result, it does not pose an aircraft-related safety hazard for future residents or workers. The project site is not located in a wildland fire danger area. No substantial change is expected from the analysis previously completed in the FEISÆIR for MCAS Tustin. Mitigation/Monitoring Required: Compliance with existing deed restrictions, rules, and regulations would avoid the creation of potential impacts; no mitigation is required. Sources: Field Observation FEISÆIR 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 and MCAS Tustin Specific Plan (pages .2-167 through 2-171, 3- 105 through 110,3-115 through 118) Finding of Suitability to Transfer (FOST) for Southern Parcels 4-8, 10-2, 14, and 42, and Parcels 25, 26, 30-33, 37 and Portion of 40 and 41 Finding of Suitability to Lease (FOSL) for Southern Parcels Care-out Areas Resolution No. 04-73 Page 21 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 10 1,2,3,and4 Airport Environs Land Use Plan (AELUP) Tustin General Plan VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or inteñere 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 tOO-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 tOO-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 4am? j) Inundation by seiche, tsunami, or mudflow? The Final MCAS Tustin Reuse Plan/Specific Plan FEISÆIR analyzed potential impacts associated with hydrology and water quality assuming a development potential of 1,442,707 square feet within Planning Area 16, 17, and 19 on the former MCAS Tustin. The proposed development includes 1,006,100 square feet of commercial uses. In addition, in accordance with implementation measures in the FEISÆIR, the City of Tustin and County of Orange entered into CooperatÎ\:e Agreement D02-119 and an amendment to the agreement to ensure the improvement of regional channel facilities through the Tustin Legacy site, including preparation of a Runoff Management Plan (ROMP) that docwnents the existing watershed conditions and outlines a plan to mitigate development runoff through appropriate backbone infrastructure to accommodate issues of urban drainage, flood protection, and stonnwater Resolution No. 04-73 Page 22 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Envirorunental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR04-002 Page 11 quality. The developer will be required to provide final engineering documents and plans that are consistent with the requirements of the proposed ROMP. The project site is partially developed with several buildings and ancillary site improvements such as parking areas. The remainder of the site is vacant. The site currently drains from the northwest to the southeast; an existing earthen channel located adjacent to and rwming parallel with Jamboree Road conveys a majority of the runoff ITom the site. No part of the site is within a flood zone, as detennined by FEMA, and there are no dams in the vicinity. The project site is not expected to be subject to seiche, tsunami, or mudflow. As discussed in the Hazardous Materials section, there are several existing parcels that are leased to the City of Tustin from the Department of the Navy (DON), known as "Leases in Furtherance of Conveyance (LIFOC)," that contain soil and groundwater contamination. These parcels underlie portions of Reuse Plan Disposition Parcels 11 and 12 and the future South Loop Road within the project area, and area identified on the Vesting Tentative Tract Map 16695 as Lots 13, 14,21,22,23,24,25, and 26, and Lot C. The FEISÆIR found that reuse would not be impacted by hazardous materials in the groundwater or soil since the DON is in the process of implementing various remedial actions that will remove, manage, or isolate potentially hazardous substances located within the site. The DON has committed to an expedited schedule. to support the rapid transfer of affected parcels to support early reuse as planned in the approved Reuse Plan/Specific Plan for MCAS Tustin. The developer will be required to obtain DON approval for any construction activities within any LIFOC parcels on their site and comply with any lease restrictions to protect the DON's remediation activities and prevent the spread of contamination. Until the property is conveyed, the tenns of the ground lease with the Developer would preclude economic uses of the property with the exception of parking, landscaping, and hardscape improvements. Water Quality As noted in the MCAS Tustin FEISÆIR, reuse development would increase the amount of impervious surfaces on the project site, resulting in contaminants commonly associated with urban development including motor oils, fuel, and other vehicular fluids, and trash being washed by rain and carried with runoff into local and regional waterways. In addition, temporary site clearing, grading operations, and dewatering have the potential to dislodge dirt, surface materials, and contaminated groundwater that could be carried off-site into the storm drain system. However, the FEISÆIR acknowledged that all reuse projects would be required to comply with the Total Maximum Daily Load (TMDL) for sediment and salinity in the Newport Bay watershed, which requires compliance with the Drainage Area Master Plan (DAMP) and the National Pollution Discharge Elimination System (NPDES), including the treatment of wastewater, if contaminated, preparation of a Stonn Water Prevention Plan (SWPPP)that would implement specific best management practices (BMP) and preparation of a Water Quality Management Plan (WQMP). Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would reduce potential impacts to water quality during construction and long- term operation to a less than significant level. Consequently, no substantial change is expected from the analysis previously completed in the FEISÆIR for the reuse of MCAS Tustin. Resolution No. 04-73 Page 23 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 12 Groundwater Other than construction dewatering, the project will not require continued groundwater pumping nor contribute significantly to groundwater recharge, which is anticipated to occur in off-site retention basins. The FEISÆIR did not identify any significant impacts to groundwater. Compliance with federal, state, and local regulations and standards, along with established engineering procedures and techniques, would reduce any possible impacts to groundwater during construction and long-term operation to a less than significant level. Consequently, no substantial change is expected from the analysis previously completed in the FEISÆIR for the reuse of MCAS Tustin. Drainage As noted in the MCAS Tustin FEISÆIR, reuse and redevelopment would increase the overall amount of impervious surfaces and surface water runoff. Utilizing the existing storm drain system would not be practical since the system is undersized. As such, a conceptual storm drain plan was developed in coordination with the Orange County Flood Control District and included in the MCAS Tustin Specific Plan to identify necessary backbone infrastructure to carry the twenty-five (25) year return frequency storm. As discussed above, the Runoflf Management Plan also discusses specified requirements related to drainage. The project developer is required to install portions of the public backbone drainage system surrounding the project site and comply with the ROMP to prevent impacts to the downstream regional storm drainage system. As part of these improvements, the developer proposes to lower and cover a portion of the existing Barranca Channel (a regional channel owned by the OCFCD) and the existing private drainage channel within the site adjacent to Jamboree Road and replace this drainage channel elsewhere on the project site. As required by the FEISÆIR, the developer will be required to obtain Section 404 permits from the United States Army Corps of Engineers and Section 1601 agreements from the California Department of Fish and Game to modify these channels. As required by the FEISÆIR, the project developer would also be required to design and construct all necessary on-site (local) drainage systems to adequately conveyor contain the 10-year runoff, 25-year runoff, and 100-year runoff, including any necessary improvements associated with relocating and piping the existing earthen channel that runs parallel to Jamboree Road on Reuse Plan Disposition Parcel 11. In addition to designing for the 10- year and 25- year runoffs, the developer will be required to ensure that on-site project improvements would not result in increased l00-year peak discharges within and downstream of the project limits, and would not worsen existing drainage conditions at storm drains, culverts, and other street crossings, including regional flood control facilities or construct adequate on-site flood control infrastructure. With adherence to the applicable implementation measures in the MCAS Tustin FEISÆIR., no significant drainage impacts are anticipated. . Mitigation/Monitoring Required: Compliance with existing rules and regulations would .reduce any potential impacts related to water quality and groundwater to a level of Resolution No. 04-73 Page 24 of 57 Attacmnent 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001t DR 04-010t CUP 04-015, V AR 04-002 Page 13 insignificance and no mitigation is required. Measures related to hydrology and drainage shown in Attachment 2 were adopted by the Tustin City Council in the FEISIEIR for Disposal and Reuse of MCAS Tustin; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project. Sources: Field Observation FEISÆIR for Disposal and Reuse of MCAS Tustin Reuse Plan and MCAS Tustin Specific Plan FEMA Map (1999) Tustin General Plan Runoff Management Plan "Cooperative Agreement D02-119t as amended IX. LAND USE AND PLANNING: Would the project: 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? The City of Tustin is the controlling authority over implementation of the Reuse Plan for the former base, such as land use designations, zoning categories, major arterial roadways, urban'design, public facilities, and infrastructure systems. On February 3, 2003, the Tustin City Council approved the Specific Plan for MCAS Tustin that established land use and development standards for development of the site. The proposed project complies with the development standards in Chapters 2.17.3.8, 3.8.2 and 3.8.4 of the Specific Plan, and compliance with state and local regulations and standards would avoid the creation of significant land use and planning impacts. Alsot the proposed project will not conflict with any habitat conservation plan or natural community conservation plan. Consequently, no substantial change is expected ûom the analysis previously completed in the FEISÆIR for MCAS Tustin. Mž1žgation/Monitoring Required: Compliance with existing rules and regulations would " avoid the creation of potential impacts. ConsequentlYt no mitigation is required. Sources: Field Observation FEISÆIR 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 and MCAS Tustin Specific Plan (Pages 2-167 through 2-171,3- 105 through 110,3-115 through" 118) Tustin General Plan Resolution No. 04-73 Page 25 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTfM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 14 x. MINERAL RESOURCES: Would the project: 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 MCAS Tustin FEISÆIR indicates that no mineral resources are known to occur anywhere within the Reuse Plan area. The proposed project wìll not result in the loss of mineral resources known to be on the site or identified as being present on the site by any mineral resource plans. Consequently, no substantial change is expected from the analysis previously completed in the FEISÆIR. MžtžgationlMonžtoring Required: No mitigation is required. Sources: Field Observation FEISÆIR for Disposal and Reuse ofMCAS Tustin (Page 3-91) Reuse Plan and MCAS Tustin Specific Plan (Pages 2-167 through 2-171,3- 105 through 110, 3-115 through 118) Tustin General Plan XI. NOISE: Would the project: 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? As discussed in more detail in the Transportationlfraffic section of this analysis, the proposed project is anticipated to operate Wlder the maximum pennitted average daily trips (ADT) identified in the MCAS Reuse Plan Traffic Study, and since Figure 3.14-1 of the Resolution No. 04-73 Page 26 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 15 MCAS Tustin FEIS/ElR establishes noise contours around 65 Community Noise Equivalent Levels (CNEL) based upon aircraft and traffic levels, the proposed project is not anticipated to generate additional traffic noise beyond that anticipated by the FEIS/EIR. In addition, Table 3.14-2 identifies regional commercial centers, which include commercial retail, banks, restaurants, and movie theater uses, and are "nonnally compatible" with community noise levels up to 75 CNEL. The FEIS/EIR indicates that.existing uses on other roadways surrounding the site would not experience noise levels that exceed those established as acceptable for the affected land use resultingftom the full build-out of MCAS Tustin, and impacts would be less than significant. Since the proposed project is consistent with the amount and type of land uses and traffic generation analyzed in the FEIS/EIR, no substantial change is expected from the analysis previously completed in the approved FEIS/EIR for MCAS Tustin. The City of Tustin will ensure that construction activities will comply with the adopted mitigation measures from the FEISÆIR, and with local regulations and standards identified in the City's Noise Ordinance (i.e. restricted days and hours of construction activities). While the FEIS/EIR requires an acoustical study to assess reuse traffic noise impacts to existing sensitive receptors adjacent to Warner Avenue, between Harvard Avenue and Culver Drive, the completion of this study would occur prior to Warner Avenue, in its entirety, being connected at Red Hill Avenue. MžtžgationlMonžtoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observation 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 and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110,3-115 through 118) Tustin General Plan XII. POPULATION & HOUSING: Would the project: a) Induce substantial population Browth 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 project will not add new housing, remove existing housing, or displace any people to necessitate construction of additional housing. No substantial change is expected Resolu1ion No. 04-73 Page 27 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 16 from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEISÆIR 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 and MCAS Tustin Specific Plan (Pages 2-167 through 2-171,3- 105 through 110,3-115 through 118) 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 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 FEIR/EIS for MCAS Tustin requires developers of the site to con1ribute to the creation of public services such as fire and police protection services, schools, libraries, recreation facilities, and bikinglhiking trails; however, new facilities will be provided within the Master Developer footprint to which the applicant will contribute a fair share. Fire Protection. The proposed project will be required to meet existing Orange County Fire Authority (OCFA) regulations regarding construction materials and methods, 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 existing fire stations in the areas surrounding the site will meet the demands created by the proposed project. A future fIre station 'is also proposed within the Specific Plan area at Edinger Avenue and the West Connector Road. Police Protection. The need for police protection services is assessed on the basis of resident population estimates, square footage of non-residential uses, etc. Development of the site would not increase the need for police protection services in addition to what was anticipated in the FEISÆIR. The developer as a condition of approval for the project would. be required to work with the Tustin Police Department to ensure that adequate security precautions are implemented in the project at plan check. Schools.' The proposed project is located within Tustin Unified School District (TUSD). As a condition of approval for the project, the developer would be required to pay applicable school fees prior to issuance of the building permit. Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTIM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 17 result in a library demand of up to approximately 2,500 square feet of library space. This relatively small amount of space is well below the library system's general minimum size of 10,000 square feet for a branch library and would not trigger the need for a new facility. General Imvlementation ReQuirements: To support development in the reuse plan area, the Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent with demand. The proposed project will be required to comply with FEISÆIR implementation measures adopted by the Tustin City Council. No substantial change is expected from the analysis previously completed in the approved FEISÆIR for MCAS Tustin. Mžfžgatžon/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISÆIR; these measures are included as conditions of approval for 'the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observation FEISÆIR 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 and MCAS Tustin Specific Plan (pages 2-167 through 2-171,3- 105 through 110, 3-115 through 118) Tustin General Plan . XlV. 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 Reuse Plan, as a whole, provides for a new 85.5-acre Regional Park, a 24-acre Community Park and two Neighborhood Parks of more than five-acres and regional and community riding and hiking paths through the property. While the ReU$e Plan process identifies individual developers' requirements for park land dedications, pursuant to the City's Subdivision Ordinance, commercial subdivisions are exempt from Park Land dedications or fees in lieu. The commercial project would provide pedestrian walkways on he project site and a Class II bikeway along Barranca Parkway not affecting existing recreational facilities, so no change is expected from the analysis previously completed in the FEISÆIR for MCAS Tustin. Mžfžgation/Monitoring Required: No mitigation is required. Sources: Field Observation Resolution No. 04-73 Page 29 of 57 Attachment I of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, VAR 04-002 Page 18 FEISÆIR 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 and MCAS Tustin Specific Plan (Pages 2-167 through 2-171,3- 105 through 110, 3-115 through 118) Tustin City Code Section 9331d (I) (b) Tustin General Plan xv. TRANSPORTATIONffRAFFIC: 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? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? The FEISÆIR indicates that transportation and circulation impacts would be created through the phased development of the approved Reuse Plan and MCAS Tustin Specific Plan. A projected 216,445 Average Daily Trips (ADT) would be generated by full redevelopment of the base by year 2020 that, if left unmitigated, would overburden existing roadways and intersections surrounding the base property. The FEISÆIR indicates that traffic circulation activities at MCAS Tustin generated a baseline of 12,400 ADT when the base was fully operational (1993). The FEISÆIR considered the traffic impacts and developed a mitigation program to reduce potential impacts to a level of insignificance. In accordance with the FEISÆIR, the applicant will be conditioned to participate in its fair share responsibility for both on-site and off-site circulation mitigation and implementation measures. The project site will be accessed from future Warner Avenue, future Tustin Ranch Road, and Barranca Parkway. Internal circulation of the site would be accessed from the public South Loop Road via private drive-aisles in compliance with the roadway standards of MCAS Tustin.Specific Plan Section 2.5.2(B) related to secondary arterials. Table 7-3 of the MCAS Tustin FEISÆIR establishes a trip budget which allocates Resolution No. 04-73 Page 30 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 19 maximum thresholds of average daily trips (ADT) by planning area based upon land use. Ihe project site, located within Planning Areas 16, 17, and 19, is identified to permit up to 35,650 ADTs; the proposed development is projected to generate up to 33,933 ADTs, which results in 1,717 fewer overall trips. The project development will be phased based upon the development phasing exhibit (Attachment 3 of Exhibit A of Resolution No. 04-60) and as follows: . Phase 1 (Minimum Project) will include development in Planning Areas 16, 17, and 19 equivalent to 641,394 square feet, which will generate 19,411 ADT. Phase 1 Minimum Project does not include the eight Minor Pads within Planning Area 19. Phase 1 Minimum Project will be completed no later than twenty-four months following the permit issuance date, as identified in DDA 04-02. . Phase I (Minimum plus 8-Minor Pads Project) includes the Phase 1 Minimum Project and the eight Minor Pads located in Planning Area 19, which is equivalent to 705,100 square feet of development and generates 24,671 ADT. The Minor Pads are to be completed no later than five-years following the Initial Closing Date, unless such Minor Pad is a Lease Parcel in which event the provision applicable to Lease Parcels shall apply, as identified in DDA 04-02. . Phase 2 includes the complete build-out of the project in Planning Areas 16 (including 301,000 square feet within LIFOC Parcels), 17 and 19, equivalent to 1,006,100 square feet of development and generates 33,933 ADT. Phase 2 development will be completed no later than thirty-months following the Subsequent Closing Date for the affected parcel, as identified in DDA 04-02. Tables 4.12-7, 4.12-8, and 4.12-9 of the FEIS/FEIR identify threshold criteria for implementation of mitigation improvements at arterial intersections based upon cumulative ADT's approved for the entire Legacy Project. Based upon the project phasing plan, the cumulative ADT for the Phase 1 Minimum Project (19,411 ADT) and the previously approved ADT (6,177 ADT) for Reuse Plan Disposition Parcels 33 and 34 is 25,588 ADT and is within the cumulative minimum threshold criteria required for arterial intersection improvements, which is 32,000 ADT. The cumulative ADT for Phase I Full Project (24,617 ADT) and the previously approved ADT (6,177 ADT) is 30,848 ADT and is also within the cumulative minimum threshold criteria required for arterial intersection improvements. Consequently, no substantial change is expected from the traffic analysis previously completed in the approved FEIS/FEIR for MCAS Tustin. The cumulative ADT for Phase 2 (33,933 ADT) and the previously approved ADT (6,177 ADT) is 40,110, which is greater than the minimum threshold criteria of 32,000 ADT. This triggers arterial improvements at the intersections of Grand AvenueÆdinger Avenue and the SR-55 Southbound Ramps/Edinger A venue in the City of Santa Ana. Improvements at the intersection of Grand A venueÆdinger Avenue are subject to provisions of a Settlement Agreement between Tustin and Santa Ana, dated February 22, 2001. Improvements at the SR-55 Southbound RampslEdinger Avenue are programmed to be completed as part of the City's Edinger Avenue Widening between SR-55 and 1400' east of Red Hill Avenue Resolution No. 04-73 Page 31 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 20 Project (CIP No. 7147). Table 4.12-10 of the FEIS/FEIR identifies threshold criteria for implementation of on-site mitigation improvements. The minimwn ADT criteria for roadway improvements is 27,000 ADT (cumulative). Based upon the aforementioned traffic infonnation for each development phase, it is concluded that the Phase 1 Minimum Project ADT and the previously approved ADT, which is 25,588 ADT, is under the minimum threshold. Therefore, the roadway improvements in Table 4.12-10 are not required with this phase of development. However, the Phase 1 Full Project ADT and the Phase 2 ADT, along with the previously approved ADT, are both over the minimum threshold and would trigger the construction of Landsdowne Road, West Connector Road, and North Loop Road between Red Hill Avenue and West Connector. The requirement to improve Edinger Avenue adjace~t to the Legacy Project was completed in 2002. In addition, the City has programmed the construction of the Valencia North Loop Road and Annstrong Avenue within MCAS Tustin Project (CIP No. 7139) for completion within the next 24-months. This project includes the construction of the roadway improvements in Table 4.12-10 associated with the minimum threshold of 27,000 ADT. This would fulfill roadway mitigation improvements associated with full build-out of the project. The project is adjacent to and results in traffic impacts at the intersection of Jamboree RoadlBarranca Parkway. The traffiè analysis prepared as part of the FEIS/FEIR considered traffic impacts at this location and detennined that significant unavoidable traffic impacts would remain at this location. A statement of overriding considerations was adopted as part of the FEIS/FEIR. The project is proposing to design and construct roadway improvements in the City of Irvine as part of the orderly development of the project and the entire Tustin Legacy. Improvements include the widening of the north side of Barranca Parkway, consisting of relocation of electrical transmission lines and utilities in the roadway medians, reconstruction of the medians and left turn pockets, adding travel lanes, and Class I and Class II bicycle lanes. The widening of the Barranca Parkway is a mitigation measure of the Irvine Business Complex (lBC) Project in the City of Irvine, but is necessary at this time to facilitate orderly development of this project. The project is also conditioned to improve Wamer A venue in the City of Irvine from the East City boundary to near Construction Circle, and to improve the Wamer Avenue Southbound on and off ramps at Jamboree Road where they intersect with the future South loop Road. The project applicant is conditioned to coordinate any construction activity in the City of Irvine with their staff and obtain all necessary City permits. In addition, construction activities are required to comply with all transportation related FEISÆIR Implementation and Mitigation Measures (e.g., lane closures, street/utility construction, construction vehicle traffic, etc.). With these mitigation measures, potential impacts to transportation and circulation resources can be reduced to a level of insignificance. MžtžJ?;ationlMonžtoring Required: A Statement of Overriding Considerations for traffic Resolution Nõ. 04-73 Page 32 of 57 Attachment 1 of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 21 impacts at the intersection of Jamboree Road/Barranca Parkway was adopted by the Tustin City Council in the FEIS/FEIR. However, mitigation measures were adopted by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observation 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 and MCAS Tustin Specific Plan (Pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) Tustin General Plan Development Phasing Plan 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 facllities, 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? t) 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 FEIR/EIR analyzed new off-site and on-site backbone utility systems required for development of the site as necessary to support the proposed retail development, including, water, sewer, drainage, electricity, natural gas, telephone, cable television, and solid waste management. The proposed project is consistent with the pennitted uses analyzed in the FEIS/EIR, and the project is under the assumed 1,442,710 square feet of commercial uses. In accordance with the FEIS/EIR, the applicant is required to pay a fair share towards off- site infrastructure and installation of on-site facilities. In addition, development of the site is required to meet federal, state, and local standards for design of waste water treatment, drainage system for on-site and off-site, and water availability. Resolution No. 04-73 Page 33 of 57 Attachment I of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 22 No substantial change is expected from the analysis previously completed in the FEIS/EIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR; these measures are included in the Mitigation Monitoring Program for the project or as conditions of approval for the project as identified in Attachment 2 of Exhibit A of Resolution No. 04-60. Sources: Field Observations FEIS/EIR 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 and MCAS Tustin Specific Plan (pages 2-167 through 2-171, 3- 105 through 110, 3-115 through 118) 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? The F:ßIS/EIR previously considered all enviromnental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan and the proposed project is within the scope of the FEIS/EIR. With the enforcement of FEIS/EIR mitigation and implementation measures approved by the Tustin City Council in the Mitigation Monitoring Program for the project or as conditions of approval, the proposed project would not cause unmitigated enviromnental effects that will cause substantial effects on hwnan beings either directly or indirectly nor degrade the quality of the enviromnent, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. To address cwnulative impacts, a Statement of Overriding Consideration for the FEISÆIR was adopted by the Tustin City Council on January 16, 2001 (Resolution No. 00-90) for issues relating to aesthetics, cultural and paleontological resources, agricultural resources, and traffic/circulation. The project does not create any impacts that have not been previously addressed by the Attachment I of Exhibit A of Resolution No. 04-73 Evaluation of Environmental Impacts DDA 04-02, VTTM 16695, CP 04-001, DR 04-010, CUP 04-015, V AR 04-002 Page 23 FEIS/EIR. Sources: Field Observations FEISÆIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11) Reuse Plan and MCAS Tustin Specific Plan (pages 2-167 through 2-171,3- 105 through 110, 3-115 through 118) Resolution No. 00-90 Tustin General Plan CONCLUSION The proposed project's effects were previously examined in the FEIS/EIR for MCAS Tustin. No new effects will occur, no substantial increase in the severity of previously identified significant effects will occur, no new mitigation measures will be required, no applicable mitigation measures previously not found to be feasible would in fact be feasible, and no new mitigation measures or alternatives applicable to the project that have not been considered are needed to substantially reduce effects of the project. A Mitigation and Monitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEIS/EIR on January 16, 2001 (Resolution No. 00-90), and will apply to the proposed project, as applicable. S :\Çdd\MA TI\ V estar\ENV\V estar-Initial Study-analysis. doc Resolution No. 04-73 Page 35 of 57 v m Co Cn w� CD 0 ATTACHMENT 2 OF EXHIBIT A OF RESOLUTION NO. 04-73 Mitigation and Implementation Measures 40 C PLANNING AREAS 16,17, AND 19 OF MCAS TUSTIN SPECIFIC PLAN 4 VESTAR DEVELOPMENT — "THE DISTRICT AT TUSTIN LEGACY" w DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) 04-002, VESTING TENTATIVE TRACT MAP (VTTM)16695, CONCEPT PLAN (CP) 04-001, DESIGN REVIEW (DR) 04-010, CONDITIONAL USE PERMIT (CUP) 04-015, AND VARIANCE (VAR) 04-002 The Final EIS/EIR for the Disposal and Reuse of MCAS Tustin considered the redevelopment of entire former base as proposed in the approved specific plan. The following identifies only those ERVEIS mitigation and implementation measures that are required of the proposed project as identified in the "Environmental Checklist." All other mitigation/implementation measures identified in the final EIS/EIR are not applicable to this project.* Implementation measures are to be required where environmental impacts are less than significant, but to support proposed development within the reuse plan area. Both implementation and mitigation measures are identified in the adopted Mitigation and Monitoring Report Program (Resolution No. 00-090) and are equally enforceable. Measure* Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility Implementation Measures for Utilities (a) The City of Tustin or City of Irvine, as appropriate, shall per Table 4.3-1 of the Mitigation City Public Works Department ensure that infrastructure is constructed in phases as Monitoring Program and Community triggered by identified threshold in Table 4.3-1. The Redevelopment Agency Phasing Plan provides an organizational framework to Compliance with facilitate development of the reuse plan area in tandem mitigation measure is met with infrastructure necessary to support the planned through the project development. This framework reflects the fact that each Mitigation Monitoring component of the infrastructure has its own threshold for Program, DDA 04-02, or accommodating additional development toward built -out as conditioned by of the reuse plan area. The triggering mechanisms that Resolution Nos. 04-73, identify timing of key infrastructure provisions are 3920, 3921, 3922, 3923, summarized in Table 4.3-1. and 3924 Attachment 2 of Exhibit A of Resolution No. 04-73 1 Mitigation Monitoring and Reporting Program w CO co CA) 4 0 cn V Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (b) Prior to a final map recordation (except for financing and Prior to final map recordation Project developer Community Development reconveyance purposes), the development applicant shall (except for financing and Department (Tustin and/or enter into an agreement with the City of Tustin and City reconveyance purposes) Compliance with Irvine, as applicable) of Irvine and any appropriate regional utility agencies, mitigation measure is met districts, and providers, as applicable, to dedicate all through the project easement, rights-of-way, or other land determined Mitigation Monitoring necessary to construct adequate utility infrastructure and Program, DDA 04-02, or facilities to serve the project as determined by the city, as conditioned by agency, district, or other providers. Resolution Nos. 44-73, 3920, 3921, 3922, 3923, and 3924 (c) Prior to any final map recordation (except for financing Prior to final map recordation Project developer Community Development and conveyance purposes), the developer shall enter into a (except for financing and Department (Tustin and/or secured agreement with the cities of Tustin and/or Irvine, reconveyance purposes) Compliance with Irvine, as applicable) as applicable, to participate on a pro -rated basis in mitigation measure is met construction of capital improvements necessary to provide through the project adequate utility facilities. Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 (d) Prior to the issuance of permits for any public Prior to the issuance of permits Project developer Community Development improvements or development project, a development for any public improvements or Compliance with Department (Tustin and/or applicant shall submit to the City of Tustin and City of development project mitigation measure is met Irvine, as appropriate) Irvine, as applicable, information from IRWD which through the project outlines required facilities necessary to provide adequate Mitigation Monitoring potable water and reclaimed water service to the Program, DDA 04-02, or development. as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 Attachment 2 of Exhibit A of Resolution No. 04-73 Mitigation Monitoring and Reporting Program v m cc CD Measure* Ve) Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility Prior to the issuance of the certificates of use and Prior to the issuance of the Project developer Community Development occupancy, the project developer shall ensure that fire certificates of use and occupancy Department (Tustin and/or '4 hydrants capable of flows in amounts approved by the Compliance with Irvine, as appropriate); OCFA are in place and operational to meet fire flow mitigation measure is met OCFA requirements. through the project Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 (f) Prior to the issuance of permits for any public Prior to the issuance of permits Project developer Community Development improvements or development project, a development for any public improvements or Department (Tustin and/or applicant shall submit to the City of Tustin and City of development project Compliance with Irvine, as applicable) Irvine, as applicable, information from IRWD, OCSD, or mitigation measure is met the City of Tustin which outlines required facilities through the project necessary to provide adequate sanitary sewage service to Mitigation Monitoring the development. Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 Attachment 2 of Exhibit A of Resolution No. 04-73 3 Mitigation Monitoring and Reporting Program v cn CD WO c0 0 4 Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (g) Prior to the issuance of grading permits or approval of any Prior to the issuance of grading Project developer Tustin Building Division or subdivision map (except for financing and reconveyance permits or approval of any Compliance with the Irvine Public Works purposes), whichever occurs first, for development within subdivision map (except for mitigation measure is met Department, as applicable the 100 -year flood plain, grading and drainage systems financing and reconveyance through the project shall be designed by the project developer such that all purposes), whichever occurs first Mitigation Monitoring building pads would be safe from inundation from runoff Program, DDA 04-02, or from all storms up to and including the theoretical as conditioned by 100 -year storm, to the satisfaction of the City of Tustin Resolution Nos. 04-73, Building Division or the Irvine Public Works Department, 3920, 3921, 3922, 3923, as applicable. Grading permits or subdivision maps and 3924 generated for financing and reconveyance purposes are exempt. (h) Prior to construction of regional flood control facilities, Prior to construction of regional Project developer Public Works Department appropriate state and federal approvals, including flood control facilities (Tustin and/or Irvine, as agreements and permits, shall be obtained. These include Compliance with applicable) but are not limited to Regional Water Quality Control mitigation measure is met Board permits, including NPDES permits; Section 404 through the project permits from the USACOE, and Section 1601 or 1603 Mitigation Monitoring agreements from the CDFG in a manner meeting the Program, DDA 04-02, or approval of the City of Tustin and the Irvine Public as conditioned by Works Department, as applicable. Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 (i) Prior to issuance of any grading permit or approval of any Prior to issuance of any grading Project developer Tustin Building Division or subdivision map (except for financing and conveyance permit or approval of any Compliance with the Irvine Public Works purposes), for any development that is either partially or subdivision map (except formitigation measure is met Department, as applicable completely located within the 100 -year flood plain of the financing and conveyance through the project , Flood Insurance Rate Map, the development applicant purposes) Mitigation Monitoring shall submit all required documentation to the FEMA and Program, DDA 04-02, or demonstrate that the application for a Conditional Letter as conditioned by of Map Revision for changes to the 100 -year flood plain Resolution Nos. 04-73, is satisfied in a manner meeting the approval of each 3920, 3921, 3922, 3923, respective city, as applicable. and 3924 Attachment 2 of Exhibit A of Resolution No. 04-73 4 Mitigation Monitoring and Reporting Program v cc CD 0 0 M 4 CD Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility (j) Prior to the approval of any applicable subdivision map Prior to the approval of any Project developer Public Works Department (except for financing and conveyance purposes), the applicable subdivision map (Tustin and/or Irvine, as developer -applicant shall design and construct local (except for financing and Compliance with applicable) drainage systems for conveyance of the 10 -year runoff. If conveyance purposes). mitigation measure is met the facility is in a local sump, it shall be designed to through the project convey the 25 -year runoff. Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 (k) Prior to any grading for any new development, the Project developer Tustin Building Division or following drainage studies shall be submitted to and Public Works Department approved by the City of Tustin, City of Irvine, and/or (Tustin and/or Irvine, as OCFCD, as applicable: applicable) (1) A drainage study including diversions (i.e., Prior to any grading for any new Compliance with mitigation measure is met off-site areas that drain onto and/or through the development through the project project site), with justification and appropriate Mitigation Monitoring mitigation for any proposed diversion. Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 (2) A drainage study evidencing that proposed Prior to any grading for any new Project developer Tustin Building Division or drainage patterns would not result in increased development Public Works Department 100 -year peak discharges within and Compliance with (Tustin and/or Irvine, as downstream of the project limits, and would not mitigation measure is met applicable) worsen existing drainage conditions at storm through the project drains, culverts, and other street crossings Mitigation Monitoring including regional flood control facilities. The Program, DDA 04-02, or study shall also propose appropriate mitigation as conditioned b Attachment 2 of Exhibit A of Resolution No. 04-73 5 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility for any increased runoff causing a worsening Resolution Nos. 04-73, condition of any existing facilities within or 3920, 3921, 3922, 3923, downstream of project limits. Implementation and 3924 of appropriate interim or ultimate flood control infrastructure construction must be included. (3) Detailed drainage studies indicating how, in conjunction with the drainage conveyance Prior to any grading for any new Project developer Tustin Building Division or systems including applicable swales, channels, development Public Works Department street flows, catch basins, storm drains, and Compliance with (Tustin and/or Irvine, as applicable) flood water retarding, building pads are made mitigation measure is met safe from runoff inundation which may be through the project expected from all storms up to and including the Mitigation Monitoring theoretical 100 -year flood. Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 (1) Prior to approval of any subdivision map (except for Prior to approval of any financing or conveyance purposes), an agreement will be subdivision map City Tustin Public Works executed with the OCFCD that provides for the Department and Community identification and contribution of a project -specific fair Compliance with Redevelopment Agency share contribution toward the construction of ultimate mitigation measure is met flood control faculties needed to accommodate build -out through the project of the affected project. Interim flood control facilities Mitigation Monitoring may be considered for approval provided such facilities Program, DDA 04-02, or meet OCFCD requirements. Nothing shall preclude the as conditioned by City of Tustin from transferring the obligation onto other Resolution Nos. 04-73, project developers within the project area. 3920, 3921, 3922, 3923, and 3924 Implementation Measures for Public Services and Facilities (m) General Project developer The City of Tustin and the City of Irvine, each within its respective jurisdiction, shall ensure that adequate fire Attachment 2 of Exhibit A of Resolution No. 04-73 6 Mitigation Monitoring and Reporting Program v ca CD -46N O cn 4 x CD U) Measure* Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility protection, police protection, and parks and recreation facilities (including bikeways/trails) needed to adequately serve the reuse plan area shall be provided as necessary. To eliminate any negative impact the project could have on each community's general fund, financing mechanisms including but not limited to developer fees, assessment district financing, and/or tax increment financing (in the event that a redevelopment project area is created for the site), shall be developed and used as determined appropriate by each City. Specifically; (1) Applicants for private development projects shall Prior to final map recordation or Compliance with Community Development be required to enter into an agreement with City building permit issuance mitigation measure is met Department of Tustin or the City of Irvine, as applicable, to through the project establish a fair -share mechanism to provide Mitigation Monitoring needed fire and police protection services and Program, DDA 04-02, or parks and recreation facilities (including as conditioned by bikeways) through the use of fee schedules, Resolution Nos. 04-73, assessment district financing, Community 3920, 3921, 3922, 3923, Facility District financing, or other mechanisms and 3924 as determined appropriate by each respective city. (2) Recipients of property through public conveyance process shall be required to mitigate any impacts of their public uses of property on public services and facilities. (p) Prior to issuance of building permits, the project Prior to issuance of building Project developer Community Development developer shall work closely with the OCFA to ensure permits Department (Tustin and/or that adequate fire protection measures are implemented in Compliance with Irvine, as applicable) the project. mitigation measure is met through the project Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73 Attachment 2 of Exhibit A of Resolution No. 04-73 7 Mitigation Monitoring and Reporting Program v cfl co w 0 Cnn 4 Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility 3920, 3921, 3922, 3923, and 3924 (q) Prior to issuance of building permits for phased projects, Prior to issuance of building Project developer Community Development the project developer shall submit a construction phasing permits for phased projects Department (Tustin and/or plan to the OCFA demonstrating that emergency vehicle Compliance with Irvine, as applicable) access is adequate. mitigation measure is met through the project Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 (r) Prior to the issuance of building permits, the project Prior to issuance of building Project developer Community Development developer shall submit a fire hydrant location plan for the permits Department (Tustin and/or review and approval of the Fire Chief and ensure that fire Compliance with Irvine, as applicable) hydrants capable of flows in amounts approved by the mitigation measure is met OCFA are in place and operational to meet fire flow through the project requirements. Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 S) Police Protection Prior to issuance of building Project developer Community Development permits Department (Tustin Police) Prior to issuance of building permits, the project Compliance with developer shall work closely with the respective Police mitigation measure is met Department to ensure that adequate security precautions through the project are implemented in the project. Mitigation Monitoring Program, DDA 04-02, or as conditioned b Attachment 2 of Exhibit A of Resolution No. 04-73 8 Mitigation. Monitoring and Reporting Program Attachment 2 of Exhibit A of Resolution No. 04-73 9 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility 71 Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 (t) Schools Prior to the issuance of Project developer Community Development certificates of use and occupancy Department (Irvine Unified Prior to the issuance of certificates of use and occupancy, Compliance with School District) the project developer shall submit to the respective City mitigation measure is met proof of payment of appropriate school fees adopted by through the project the applicable school district. Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 (w) Prior to the first concept plan for tentative tract map in the Prior to the first concept plan for Project developer Tustin Public Works City of Tustin, the project developer shall file a petition tentative tract map Department; Tustin for the creation of a landscape maintenance district for the Compliance with Community Redevelopment project area with the City of Tustin. The district shall mitigation measure is met Agency include public neighborhood parks, landscape through the project improvements, and specific trails (Barranca only), the Mitigation Monitoring medians in arterials, or other eligible items mutually Program, DDA 04-02, or agreed to by the petitioner and the City of Tustin. In the . as conditioned by event that a district is not established prior to issuance of Resolution Nos. 04-73, the first building permit, maintenance of items mentioned 3920, 3921, 3922, 3923, above shall be the responsibility of a community and 3924 association. (x) Prior to approval of any subdivision map (except for financing or conveyance purposes), an agreement will be executed with the following agencies for the associated trail improvements: b. City of Tustin — the identification of a Prior to the first final map Project developer Tustin Community project -specific fair share contribution toward recordation (except for financing Development Department the installation of Class II bicycle trails through and reconveyance purposes) or Compliance with and/or SCRRA/OCTA, as Attachment 2 of Exhibit A of Resolution No. 04-73 9 Mitigation Monitoring and Reporting Program 03 (0 COD Cn 0 cn 4 Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility the project site. building permit issuance mitigation measure is met appropriate through the project Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 C. City of Tustin — the identification of a Prior to the first final map Project developer Tustin Community project -specific fair -share contribution toward recordation (except for financing Development Department installation of Class I bikeway trail and reconveyance purposes) or Compliance with improvements northerly of Barranca Parkway building permit issuance mitigation measure is met after completion of the Barranca Channel through the project improvements. For proposed developments Mitigation Monitoring adjacent to Barranca Channel, separate Program, DDA 04-02, or agreements would be required to ensure the as conditioned by establishment of a bikeway right-of-way Resolution Nos. 04-73, easement between Jamboree Road and Red Hill 3920, 3921, 3922, 3923, Avenue. and 3924 Mitigation Measures for Aesthetics Vis -1 In conjunction with any zoning ordinance amendments to Prior to the fust final map City of Tustin and City of Community Development implement the reuse plan in Tustin or Irvine, an urban recordation (except for financing Irvine Department (Tustin and/or design plan shall be adopted to provide for distinct and and reconveyance purposes) or Irvine, as applicable) cohesive architectural and landscape design, features and building permit issuance Compliance with treatments, as well as harmony with adjacent landscaping. mitigation measure is met The urban design plan shall have the following elements: through the project • landscaping concept and master signage plan; Mitigation Monitoring e design review and approval process; Program, DDA 04-02, or • limits on development intensity for each specific land as conditioned by use; Resolution Nos. 04-73, • limits on height of structures and lot coverage; 3920, 3921, 3922, 3923, e minimum site building setbacks; and 3924 • minimum on-site landscaping requirements; Attachment 2 of Exhibit A of Resolution No. 04-73 10 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility • buffering requirements, including berms, masonry walls, and landscaping; • lighting regulations, including regulations ensuring that exterior lighting does not negatively impact surrounding property; • screening regulations for mechanical equipment and outside storage; and site signage requirements, including sign permit approval Mitigation Measures for Cultural and Paleontological Resources Arch -2 Prior to issuance of grading permits, the cities of Tustin Prior to issuance of grading Project developer Community Development and Irvine shall each require applicants of individual permits Department (Tustin and/or development projects to retain, as appropriate, a county- Compliance with Irvine, as applicable) certified archaeologist. If buried resources are found mitigation measure is met during grading within the reuse plan area, a qualified through the project archaeologist would need to assess the site significance Mitigation Monitoring and perform the appropriate mitigation. The Native Program, DDA 04-02, or American view point shall be considered during this as conditioned by process. This could include testing or data recovery. Resolution Nos. 3, Native American consultation shall also be initiated 3920, 3921, 3922,, 39 3923, during this process. and 3924 Paleo-i The cities of Tustin and Irvine shall each require Prior to issuance of grading Project developer Community Development applicants of individual development projects to comply permits Department (Tustin and/or with the requirements established in a PRMP prepared for Compliance with Irvine, as applicable) the site, which details the methods to be used for mitigation measure is met surveillance of construction grading, assessing finds, and through the project actions to be taken in the event that unique Mitigation Monitoring paleontological resources are discovered during Program, DDA 04-02, or construction. as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 Attachment 2 of Exhibit A of Resolution No. 04-73 11 Mitigation Monitoring and Reporting Program v c0 CD 4 0 4 Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Paleo-2 Prior to the issuance of a grading permit, project Prior to issuance of grading Project developer Community Development applicants shall provide written evidence to each city, that permits Department (Tustin and/or a county -certified paleontologist has been retained to Compliance with Irvine, as applicable) conduct salvage excavation of unique paleontological resources if they are found. mitigation measure is met through the project Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 Mitigation Measures for Traffic/Circulation T/C-I Construction Prior to site development permit Project developer Public Works Department (Tustin or Irvine, as In conjunction with the approval of a site development Compliance with applicable) permit, the City of Tustin and the City of Irvine, as applicable (for that portion of the reuse plan within mitigation measure is met Irvine), shall require each developer to provide traffic through the project operations and control plans that would minimize the Mitigation Monitoring traffic impacts of proposed construction activity. The Program, DDA 04-02, or plans shall address roadway and lane closures, truck hours as conditioned by and routes, and notification procedures for planned Resolution Nos. 04-73, short-term or interim changes in traffic patterns. The City 3920, 3921, 3922, 3923, and 3924 of Tustin and the City of Irvine, as applicable, shall ensure that the plan would minimize anticipated delays at major intersections. Prior to approval, the City of Tustin or the City of Irvine, as applicable, shall review the proposed traffic control and operations plans with any affected jurisdiction. /C-2 Development Prior to issuance of certificates of Project developer Public Works Department occupancy (Tustin or Irvine, as The City of Tustin and the City of Irvine, as applicable Final traffic study applicable) (for that portion of the reuse plan area within Irvine), shall identified cumulative Attachment 2 of Exhibit A of Resolution No. 04-73 12 Mitigation Monitoring and Reporting Program T m co m 00 0 cn V Measure* Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility ensure that the arterial intersection improvements required ADTs ; the project ADT in 2005 and 2020 and as indicated in Tables 4.12-7 and does not exceed thresholds 4.12-9 of the Final EIS/EIR (see Tables 2 and 4 and at the identified in the FEIS/EIR end of this Mitigation Monitoring and Reporting as amended by the Program) are implemented for their respective Supplemental Agreement jurisdictions according to the cumulative ADT thresholds between the Cities of identified in each table and according to the fair share Irvine and Tustin dated basis noted. The ADT threshold represents the traffic February 22, 2201 for off - volume which would result in an impact and the fair share site mitigation at arterial percentage reflects the percent of the traffic impact intersections resulting from the reuse generated traffic. In some cases, reuse traffic would generate 100 percent of the impact, thereby assuming full financial responsibility for the identified improvements. In other cases, reuse traffic would generate only a fraction of the traffic impacting the intersection and financial responsibility would correspond. T/C4 The City of Tustin and the City of Irvine, as applicable Ongoing (see Table 4.12-10 of Project developer Public Works Department (for that portion of the reuse plan area within Irvine), shall the Final EIS/EIR or Table 5 at (Tustin or Irvine, as ensure that all on-site circulation system improvements the end of the Mitigation Compliance with applicable) for the reuse plan area assumed in the 2005 and 2020 Monitoring and Reporting mitigation measure is met traffic analysis and as shown in Table 4.12-10 of the Final Program for each specific through the project EIS/EIR (see Table 5 at the end of the Mitigation triggering mechanism. Mitigation Monitoring Monitoring and Reporting Program) are implemented Program, DDA 04-02, or according to the cumulative ADT thresholds identified in as conditioned by the table. Under this Phasing Plan, the City of Tustin Resolution Nos. 04-73, shall monitor all new development within the site, 3920, 3921, 3922, 3923, accounting for the cumulative ADT generated by and 3924 development projects. As each ADT threshold is reached, the roadway improvements listed in Table 4.12-10 of the Final EIS/EIR (see Table 5 at the end of the Mitigation Monitoring and Reporting Program) shall be constructed before any additional projects within the reuse plan area would be approved. Attachment 2 of Exhibit A of Resolution No. 04-73 13 Mitigation Monitoring and Reporting Program w cQ CD CD Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility T/C-51 Prior to approval of a site development permit or vesting Ongoing, prior to approval of a Project developer Public Works/Community tract, except for financing or conveyance purposes, for all site development permit or Development Departments land use designation areas in Alternative 1 with the vesting tract, except for financing Compliance with (Tustin and/or Irvine, as exception of the Learn' Village, CommunityPark, and P � g ' or conveyance purposes, based on y pyo mitigation measure is met applicable) Pp ) Regional Park, a project developer shall enter into an the ADT generation thresholds through the project agreement with the City of Tustin and City of Irvine, as shown in Tables 4.12-7, 4.12-8, Mitigation Monitoring applicable (for that portion of the reuse plan area within 4.12-9, and 4.12-10 of the Final Program, DDA 04-02, or Irvine) which assigns improvements required in the EIS/EIR (see Tables 2 through 5 as conditioned by EISBIR to the development site and which requires at the end of the Mitigation Resolution Nos. 04-73, participation in a fair share mechanism to design and Monitoring and Reporting 3920, 3921, 3922, 3923, construct required on-site and arterial improvements Program for each specific and 3924 consistent with the ADT generation thresholds shown in triggering mechanism). Tables 4.12-7, 4.12-8, 4.12-9, and 4.12-10 (see Tables 2 through 5 at the end of the Mitigation Monitoring and Reporting Program). T/C-61 The City of Tustin and the City of Irvine, as applicable Ongoing, based on the ADT Project developer Public Works and (for that portion of the reuse plan area in Irvine), will generation thresholds shown in Community Development monitor new development within the reuse plan area, Table 4.12-10 of the Final Compliance with Departments (Tustin and/or accounting for the cumulative ADTs generated by EISBIR (see Table 5 at the end mitigation measure is met Irvine, as applicable) development projects within the reuse plan area. As each of the Mitigation Monitoring and through the project cumulative ADT threshold shown in Table 4.12-10 (see Reporting Program for each Mitigation Monitoring Table 5 at the end of the Mitigation Monitoring and specific triggering mechanism). Program, DDA 04-02, or Reporting Program) is reached, the roadway as conditioned by improvements listed shall be constructed before any Resolution Nos. 04-73, additional projects within the reuse plan area are 3920, 3921, 3922, 3923, approved. and 3924 IA -I Table 4, 12-10 of the Final EIS/EIR (see Table 5 at the See Table 4.12-10 of the Final City of Tustin Community Development end of the Mitigation Monitoring and Reporting Program) EIS/EIR or Table 5 at the end of and Public Works presents the Phasing Plan for the on-site circulation the Mitigation Monitoring and Compliance with Departments (Tustin and/or system. The Phasing Plan for the on-site circulation Reporting Program for each mitigation measure is met Irvine, as applicable) system. The PhasingPlan is based upon traffic circulation specific triggering mechanism. o 4 W Table references in the mitigation measures have been changed from Final FEIS/EIR to match the correct table numbers in the FEIS/EIR. Attachment 2 of Exhihit A of Resolution No. 04-73 14 Mitigation Monitoring and Reporting Program m CD cc CD Cn 0 0 h CA 4 Attachment 2 of Exhibit A of Resolution No. 04-73 15 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility impact and mitigation analyses contained in the Traffic through the project Report (Final Appendix F of the Final EIS/EIR). Under Mitigation Monitoring this Phasing Plan, the City of Tustin shall monitor all new Program, DDA 04-02, or development within the Specific Plan, accounting for the as conditioned by cumulative ADT generated by development projects. As Resolution Nos. 04-73, each ADT threshold is reached, the roadway 3920, 3921, 3922, 3923, improvements listed in Table 4.12-10 of the Final and 3924 EIS/EIR (see Table 5 at the end of the Mitigation Monitoring and Reporting Program) shall be constructed before any additional projects within the Specific Plan would be approved. IA -2 Table 7-3 of the Final EIS/EIR (see Table 6 at the end of See Table 7-3 of the Final City of Tustin Tustin Community the Mitigation Monitoring and Reporting Program) EIS/EIR or Table 6 at the end of Development and Public presents the Trip Budget which summarizes the square the Mitigation Monitoring and Compliance with Works Departments footage of non-residential uses allocated to each Reporting Program for each mitigation measure is met neighborhood by Planning Area and the Associated ADT. specific triggering mechanism. through the project (Residential uses are shown for information only; they are Mitigation Monitoring not part of the budget). Pursuant to Section 3.2.4 of the Program, DDA 04-02, or Specific Plan, the City of Tustin shall implement the trip as conditioned by budget by neighborhood to control the amount and Resolution Nos. 04-73, intensity of non-residential uses. Trip Budget transfers 3920, 3921, 3922, 3923, between neighborhoods shall also be implemented as and 3924 directed in subsection 3.2.4 of the Specific Plan. IA -3 Prior to the approval of (1) a Planning Area Concept Plan Prior to the approval of (1) a Project developer Tustin Community pursuant to Section 4.2 of the Specific Plan, (2) a site Planning Area Concept Plan Development and Public development permit, or (3) a vesting tentative map for pursuant to Section 4.2 of the Compliance with Works Departments new square footage (not for financing or conveyance Specific Pian, (2) a site mitigation measure is met purposes), a project developer shall provide traffic development permit, or (3) a through the project information consistent with the provisions of the Specific vesting tentative map for new Mitigation Monitoring Plan, this EIS/EIR and the requirements of the City of square footage (not for financing Program, DDA 04-02, or Tustin Traffic Engineer. The traffic information shall (a) or conveyance purposes). as conditioned by identify and assign traffic circulation mitigation measures Resolution Nos. 04-73, required in the EIS/EIR pursuant to the Phasing Plan 3920, 3921, 3922, 3923, described in Table 4.12-10 of the Final EIS/EIR (see and 3924 Table 5 at the end of the Mitigation Monitoring and Attachment 2 of Exhibit A of Resolution No. 04-73 15 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Reporting Program); (b) evaluate the effects of either the delay of any previously committed circulation improvements or the construction of currently unanticipated circulation improvements; and (c) utilize the circulation system and capacity assumptions within the EIS/EIR and any additional circulation improvements completed by affected jurisdictions for the applicable timeframe of analysis. IA -4 Prior to the issuance of building permits for new Prior to the issuance of building Project developer Tustin Community development within planning areas requiring a concept permits Development and Public plan, a project developer shall enter into an agreement Compliance with Works Departments with the City of Tustin to (a) design and construct mitigation measure is met roadway improvements consistent with the ADT through the project generation Phasing Plan described in Table 4.12-10 of the Mitigation Monitoring Final EIS/EIR (see Table 5 at the end of the Mitigation Program, DDA 04-02, or Monitoring and Reporting Program) and (b) address the as conditioned by impact of and specify the responsibility for any previously Resolution Nos. 04-73, committed circulation improvements assumed in the 3920, 3921, 3922, 3923, EIS/EIR which have not been constructed. and 3924 IA -5 If a subsequent traffic Phasing Plan demonstrates that Prior to the issuance of building Tustin Community certain circulation improvements should be included in a permits. Project developer Development and Public different phase of Specific Plan development (accelerated Works Departments or delayed) or that a circulation improvement can be substituted, the mitigation Phasing Plan in Table 4.12-10 Compliance with of the Final EIS/EIR (see Table 5 at the end of the mitigation measure is met Mitigation Monitoring and Reporting Program) may be through the project amended, subject to approval of the City of Tustin and Mitigation Monitoring any other affected jurisdictions, provided that the same Program, DDA 04-02, or level of traffic mitigation and traffic capacity would be as conditioned by provided. Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 IA -7 Each Specific Plan project would contain, to the Prior to issuance of grading Project developer Community Development satisfaction of the City of Tustin and/or City of Irvine, as permits Department (Tustin and/or Attachment 2 of Exhibit A of Resolution No. 04-73 16 Mitigation Monitoring and Reporting Program v to CD o, N O 4 Measure* Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility applicable, a pedestrian circulation component showing Compliance with Irvine, as applicable) pedestrian access to regional hiking trails, parks, schools, mitigation measure is met shopping areas, bus stops, and/or other public facilities. through the project Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 AQ -1 Mitigation Measures for Air Quality If determined feasible and appropriate on a project -by -project basis, the City of Tustin and the City of Irvine, as applicable, shall require individual development projects to implement one or more of the following control measures, if not already required by the SCAQMD under Rule 403: Apply water twice daily, or chemical soil stabilizers according to manufacturers' specifications to all unpaved parking or staging areas or unpaved road surfaces at all actively disturbed sites. Develop a construction traffic management plan that includes, but is not limited to, rerouting construction trucks off congested streets, consolidating truck deliveries, and providing dedicated tum lanes for movement of construction trucks and equipment onsite and Prior to issuance of grading or building permits Project developer Compliance with mitigation measure is met through the project Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920,3921,3922,3923, and 3924 Community Development Department (Tustin and/or Irvine, as applicable) Attachment 2 of Exhibit A of Resolution No. 04-73 17 Mitigation Monitoring and Reporting Program m cc cn Cn w• 0 Measure* Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility offsite. - Use electricity from power poles rather than temporary diesel or gasoline powered generators. - Reduce traffic speeds on all unpaved roads to 15 mph or less. - Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. - Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). - Replace ground cover in disturbed areas as quickly as possible. - Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications to exposed piles of gravel, sand, or dirt. - Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). - Sweep streets at the end of the day if visible soil material is carried over to adjacent roads (use water sweepers with reclaimed water when feasible). 4w Attachment 2 of Exhibit A of Resolution No. 04-73 18 Mitigation Monitoring and Reporting Program ami CD cn �n CD Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility - Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site each trip. AQ -2 Unless determined by the City of Tustin and the City of Prior to issuance of grading or Project developer Community Development Irvine, as applicable, to be infeasible on a building permits Department (Tustin and/or project -by -project basis due to unique project Compliance with Irvine, as applicable) characteristics, each city shall require individual mitigation measure is met development projects to use low VOC architectural through the project coatings for all interior and exterior painting operations. Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 AQ -3 Prior to the issuance of development permits for new non- Prior to issuance of development Project developer Community Development residential projects with 100 or more employees, and permits for new non-residential Department (Tustin and/or expanded projects where additional square footage would projects with 100 or more Irvine, as applicable) result in a total of 100 or more employees, the City of employees and expanded projects Tustin and the City of Irvine, as applicable, shall impose a where additional square footage mix of TDM measures which, upon estimation, would would result in a total of 100 or result in an average vehicle ridership of at least 1.5 for more employees each development with characteristics that would be reasonably conducive to successful implementation of such TDM measures. These TDM measures may include one or more of the following, as determined appropriate and feasible by each city on a case-by-case basis: - Establish preferential parking for carpool vehicles. Prior to issuance of development Project developer Community Development - Provide bicycle parking facilities. permits for new non-residential Department (Tustin and/or - Provide shower and locker facilities. projects with 100 or more Irvine, as applicable) - Provide carpool and vanpool loading areas. employees and expanded projects - Incorporate bus stop improvements into facility where additional square footage Attachment 2 ofExhibit A of Resolution No. 04-73 19 Mitigation Monitoring and Reporting Program a� c0 CD cn cn 0 h cn 4 Measure* Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility design. would result in a total of 100 or - Implement shuttles to shopping, eating, recreation, more employees and/or parking and transit facilities. - Construct remote parking facilities. - Provide pedestrian circulation linkages. - Construct pedestrian grade separations. - Establish carpool and vanpool programs. - Provide cash allowances, passes, and other public transit and purchase incentives. - Establish parking fees for single occupancy vehicles. - Provide parking subsidies for rideshare vehicles. - Institute a computerized commuter rideshare matching system. - Provide a guaranteed ride -home program for ridesharing. - Establish alternative work week, flex -time, and compressed work week schedules. - Establish telecommuting or work -at-home programs. - Provide additional vacation and compensatory leave incentives. - Provide on-site lunch rooms/cafeterias and commercial service such as banks, restaurants, and small retail. - Provide on-site day care facilities. - Establish an employee transportation coordinator(s). AQ -4 If not required under each individual development's TDM Ongoing Project developer Community Development plan, the City of Tustin and the City of Irvine, as Department (Tustin and/or applicable, shall implement the following measures, as Irvine, as applicable) determined appropriate or feasible by each city on a case-by-case basis: - Reschedule truck deliveries and pickups for off-peak hours. - Implement lunch shuttle service from a worksite(s) to food establishments. Attachment 2 of Exhibit A of Resolution No. 04-73 20 Mitigation Monitoring and Reporting Program -0X ID m co cn cn Measure* Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility 7 - Implement compressed work week schedules where weekly work hours are compressed into fewer than 44 five days, such as 9/80, 4/40, or 3/36. LO - Provide on-site child care and after-school facilities or contribute to off-site developments within walking distance. - Provide on-site employee services such as cafeterias, banks, etc. - Implement a pricing structure for single -occupancy employee parking, and/or provide discounts to ridesharers. - Construct off-site pedestrian facility improvements such as overpasses and wider sidewalks. - Include retail services within or adjacent to residential subdivisions. - Provide shuttles to major rail transit centers or multi -modal stations. - Contribute to regional transit systems (e.g., right-of-way, capital improvements, etc.). - Synchronize traffic lights on streets impacted by development. - Construct, contribute, or dedicate land for the Ongoing Project developer Community Development provision of off-site bicycle trails linking the facility Department (Tustin and/or to designated bicycle commuting routes. Irvine, as applicable) - Include residential units within a commercial development. - Provide off-site bicycle facility improvements, such as bicycle trails linking the facility to designated bicycle commuting routes, or on-site improvements, such as bicycle paths. - Include bicycle parking facilities such as bicycle lockers. - Include showers for bicycling and pedestrian employees' use. - Construct on-site pedestrian facility improvements, such as building access which is Rhysically separated Attachment 2 of Exhibit A of Resolution No. 04-73 21 Mitigation Monitoring and Reporting Program T w cc co M 4 0 M 4 Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Tustin Community Responsibility Enforcement Responsibility from street and parking lot traffic and walk paths. shall obtain Section 404, Section 1601, and other permits improvements within pond turtle Mitigation Measures for Noise N-3 For new development within the reuse area, the City of Prior to issuance of building Project developer Community Development appropriate Tustin and City of Irvine, as applicable, shall ensure that permits Department (Tustin and/or interior and exterior noise levels do not exceed those regulatory agencies as part of the permitting process. The Compliance with Irvine, as applicable) prescribed by state requirements and local city ordinances actions proposed on Peters Canyon Channel shall be Mitigation Monitoring and general plans. Plans demonstrating noise regulation mitigated by the OCFCD who is the project proponent for mitigation measure is met Program, DDA 04-02, or conformity shall be submitted for review and approval flood control improvements. through the project as conditioned byResolution prior to building permits being issued to accommodate Mitigation Monitoring Nos. 04-73, reuse. Program, DDA 04-02, or 3920, 3921, 3922, 3923, as conditioned by and 3924 -Bio-2 Based on consultations with CDFG, City of Tustin, or Resolution Nos. 04-73, City of Tustin and/or Tustin Community project proponent as applicable, an off-site relocation site 3920, 3921, 3922, 3923, project developer, as Development Department for southwestern pond turtles captured on site shall be and 3924 appropriate Mitigation Measures for Bioloeical Resources Bio -1 The project proponents of any development affecting Prior to issuance of grading Project developer Tustin Community jurisdictional waters of the U.S. or vegetated wetlands permits or any public Development Department shall obtain Section 404, Section 1601, and other permits improvements within pond turtle Compliance with and/or OCFCD, as as necessary. A replacement ratio for affected wetland p habitat mitigation measure is met appropriate resources shall be determined in consultation with regulatory agencies as part of the permitting process. The through the project actions proposed on Peters Canyon Channel shall be Mitigation Monitoring mitigated by the OCFCD who is the project proponent for Program, DDA 04-02, or flood control improvements. as conditioned byResolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 -Bio-2 Based on consultations with CDFG, City of Tustin, or Prior to issuance of grading City of Tustin and/or Tustin Community project proponent as applicable, an off-site relocation site permits or any public project developer, as Development Department for southwestern pond turtles captured on site shall be improvements within pond turtle appropriate identified that is as close to the reuse plan area as possible habitat and that is sustainable in perpetuity. (No appropriate habitat in the City of Tustin is available for relocation.) Compliance with mitigation measure is met Attachment 2 of Exhibit A of Resolution No. 04-73 22 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Potential relocation sites include but are not limited to an through the project old pond (currently thought dry) located in upper Shady Mitigation Monitoring Canyon within the Orange County Nature Preserve that Program, DDA 04-02, or could be improved or restored to serve as a relocation as conditioned by site; or San Joaquin Marsh, which is managed by UC Resolution Nos. 04-73, Irvine, Irvine Ranch, and the Orange County Water 3920, 3921, 3922, 3923, District. Some property owners and public agencies may and 3924 be adverse to the relocation of species of special concern onto their property or jurisdiction, and it would be speculative to identify actual sites prior to completion of consultation with CDFG and with potential property owners and/or appropriate public agencies. Bio -3 Permits from the CDFG shall be obtained for live -capture Prior to issuance of grading Project developer Tustin Community of the turtles and for transporting them to the relocation permits or any public Development Department site. improvements within pond turtle Compliance with habitat mitigation measure is met through the project Mitigation Monitoring Program, DDA 04-02, or as conditioned by Resolution Nos. 04-73, 3920, 3921, 3922, 3923, and 3924 Bio -4 An agreement shall be negotiated with the CDFG, City of Ongoing City of Tustin and/or Tustin Community Tustin, project proponent, or other agency or organization project developer, as Development Department as appropriate, for contribution of funds to improve, appropriate restore, or create the relocation site as turtle habitat. *Measures LU -1, LU -2 have been completed; Hist 1,2, 3,4,5 , Bio 1,2,3,4, and N-2, N-4 do not apply to the project site; AQ -3, AQ -4 do not apply to residential projects, TC -7, TC -8 have been created through the adoption of the FEIS/EIR and staff is monitoring, TC -9 has been completed. Attachment 2 of Exhibit A of Resolution No. 04-73 23 Mitigation Monitoring and Reporting Program