HomeMy WebLinkAboutCC RES 18-24RESOLUTION NO. 18-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL
IMPACT REPORT, MAKING FINDINGS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, ADOPTING THE MITIGATION AND
MONITORING REPORTING PROGRAM, FINDINGS AND FACTS, AND
STATEMENT OF OVERRIDING CONSIDERATIONS IN THE APPROVAL OF
THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN PROJECT,
INCLUDING AMENDING THE TUSTIN GENERAL PLAN, AND ADOPTION OF
ORDINANCE NO. 1497 APPROVING ZONE CHANGE 2018-00002 INCLUDING
ADOPTION OF THE DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN (SP -
12), RELATED AMENDMENTS OF THE TUSTIN CITY CODE, RESCISSION OF
THE FIRST STREET SPECIFIC PLAN (SP -10) AND CERTAIN PLANNED
COMMUNITIES AND, AMENDMENT OF THE CITY OF TUSTIN ZONING MAP.
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That the Tustin City Council has focused financial resources and approved
numerous measures intended to encourage economic development and
business attraction to ensure continued economic vibrancy of the City's
historic Old Town Tustin commercial core. Though these measures were
helpful, City leaders recognized that additional residential development in
the area could add more patrons and visitors to the area that would
positively contribute to the economic health of Old Town Tustin and the
surrounding commercial core, thus preserving, protecting, and revitalizing
this important area of the City.
B. That on February 4, 2014, the City Council authorized the preparation of
the Downtown Commercial Core Specific Plan and related supporting
documents.
C. That between October 2014 and January 2016, the City of Tustin held
three public Workshops that included property owners, business owners
and others to help define a strategy to enhance and protect the heart of
Tustin's historic Old Town village atmosphere while creating a stronger,
vibrant, pedestrian -oriented destination intended to revitalize the
community's commercial core. The proposed Master Plan/Specific Plan
will ensure implementation of architecturally -coordinated development in
the area, attract thriving new businesses, encourage private sector
investment and reinvestment, and enhance customer visitation to the
commercial corridors of Old Town, First Street, Newport Avenue, and the
Resolution 18-24
Page 1 of 5
freeway interface at Sixth Street for a vibrant Downtown Commercial
Core.
D. That the proposed Downtown Commercial Core Specific Plan ("DCCSP")
project required preparation of a Specific Plan, preparation of a Tustin
General Plan Amendment, revision of several existing Tustin City Codes
and zoning ordinances including but not limited to:
1. General Plan Amendment (GPA) 2018-00001 including text
amendments and amendments to Exhibits/Maps within the Land Use
and Circulation Elements.
2. Ordinance No. 1497 adopting:
a. Zone Change (ZC) 2018-00002 establishing the Downtown
Commercial Core Specific Plan (SP -12);
b. Rescission of the First Street Specific Plan (SP -10) and certain
Planned Communities;
a. Various Tustin City Code amendments intended to support the
DCCSP;
b. Revision of the Tustin Zoning Map reflecting the changes proposed
above.
E. That the proposed Downtown Commercial Core Specific Plan project is
considered a "project" subject to the terms of the California Environmental
Quality Act ("CEQA"), that involved the following:
1. An Initial Study (IS) was prepared and concluded that an EIR should
be prepared, and a Notice of Preparation (NOP) was released
accordingly for a 30 -day public review period from August 1, 2016
through August 31, 2016. The notice was published in the Orange
County Register on August 1, 2016 and made available for public
review pursuant to CEQA's requirements.
2. A Scoping process was completed in which the public was invited by
the City to participate. The scoping meeting for the EIR was held on
August 16, 2016 at the City of Tustin Library. The notice of a public
scoping meeting was included in the NOP that was published and
distributed on August 1, 2016.
3. The Draft Program Environmental Impact Report (DEIR) was prepared
and made available for a 45 -day public review period (February 15,
2018 to April 2, 2018). The Notice of Availability (NOA) for the DEIR
was sent to all required agencies and interested parties and published
in the Tustin News on February 15, 2018 and made available for public
review through various means.
4. Responses to Comments received were prepared and were released
for agency review pursuant to CEQA prior to consideration of the Final
EIR by the approving body.
Resolution No. 18-24
Page 2 of 5
5. That as part of the approval process for the DCCSP and the
associated actions thereto, the Final EIR must be certified by the City
Council.
F. That the Final EIR addresses the potential environmental impacts of the
Project, which is further described and incorporated by this reference in
this Resolution; and
G. That pursuant to CEQA Guidelines Section 15043 the City Council has the
authority to approve this Project even though it may cause significant
effects on the environment so long as the City Council makes a fully
informed and publicly disclosed decision that there is no feasible way to
lessen or avoid the Project's potential significant impacts (CEQA Guideline
Section 15091); and
H. That there are specifically identified expected benefits from the project that
outweigh the policy of reducing or avoiding significant environmental
impacts of the project (CEQA Guidelines Section 15093); and
That a Water Supply Assessment was prepared in compliance with
Section 10910 of the Water Code and Section 15155 of the CEQA
Guidelines for the Downtown Commercial Core Specific Plan (Appendix F
of the EIR Appendices); and
J. That on April 10, 2018, the Tustin Planning Commission opened a public
hearing on the project and continued the matter until April 24, 2018. On
April 24, 2018, the Tustin Planning Commission held a public hearing and
adopted Resolution No. 4363, recommending that the City Council adopt
and certify the EIR, approve General Plan Amendment (GPA) 2018-00001
including but not limited to text amendments to Exhibits/Maps within the
Land Use and Circulation Elements; and adopt Ordinance No. 1497
approving Zone Change (ZC) 2018-00002 including but not limited to
approval of the Downtown Commercial Core Specific Plan, rescission of
the First Street Specific Plan (SP -10) and certain Planned Communities,
various Tustin City Code amendments intended to support the DCCSP,
and revision of the Tustin Zoning Map.
K. That a public hearing was duly called, noticed and held by the Tustin City
Council on June 19, 2018, and the Final Program EIR was considered;
If. CERTIFICATION OF EIR. The City Council hereby certifies that the Final
Program EIR for the Downtown Commercial Core Specific Plan (State
Clearinghouse #2016081004) has been completed in compliance with CEQA and
the CEQA Guidelines (Exhibit 1); that the EIR adequately addresses the Project's
potential environmental impacts; that the EIR was presented to the City Council;
that the City Council has reviewed and considered the information contained in
Resolution No. 18-24
Page 3of5
the EIR prior to approving the Project; that the City Council has considered the
Findings and Facts in Support of the Findings (Exhibit 2) and Statement of
Overriding Considerations prepared for the EIR (Exhibit 3); and that the EIR
reflects the independent judgment and analysis of the City Council.
III. ADOPTION OF FINDINGS. The City Council hereby adopts the Findings and
Facts in Support of Findings and Statement of Overriding Considerations for the
Final EIR attached hereto as Exhibit 2 pursuant to Public Resources Code
Section 21081 and CEQA Guidelines Section 15091.
IV. STATEMENT OF OVERRIDING CONSIDERATIONS. The City Council hereby
adopts the Statement of Overriding Considerations for the Final EIR attached
hereto as Exhibit 3 explaining why the Project's benefits override and outweigh
its unavoidable impacts pursuant to Public Resources Code Section 21081(b)
and CEQA Guidelines Sections 15092 and 15093.
V. WATER SUPPLY ASSESSMENT. The City Council hereby finds, based on the
entire record, that projected water supplies are sufficient to satisfy the demands
of the Project in addition to existing and future uses. The City Council hereby
approves the Water Supply Assessment attached hereto as Exhibit 4 (EIR
Appendix F) in compliance with Section 10910 of the Water Code and Section
15155 of the CEQA Guidelines.
VI. MITIGATION MONITORING AND OVERRIDING CONSIDERATIONS. The City
Council hereby identities the significant effects, adopts the mitigation measures, wab
adopts the Mitigation Monitoring and Reporting Program to be implemented for
each mitigation measure as set forth in detail in Exhibit 5 (Chapter 4 of the Final
EIR) pursuant to Public Resources Code Section 21081.6.
VII. CUSTODIAN OF RECORDS. The documents and other materials that constitute
the record of proceedings on which the City Council's decision are based are
located at City Hall. The custodian for these documents is the City Clerk. This
information is provided in compliance with Public Resources Code Section
21081.6(a)(2) and CEQA Guidelines Section 15091(e).
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting
held on the 19th day of June, 2018.
EL YN AMIR�KAY,
Mayor
Resolution No. 18-24
Page 4 of 6
ATTEST:
L2 44,�a
ERICA N. YASU ,
CITY Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 18-24
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of
Tustin, California, does 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. 18-24
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 19th day of June, 2018, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. YASU A ,
City Clerk
Murray, Gomez, Bernstein, Puckett, Clark (5)
(0)
Exhibits:
1. Final Program Environmental Impact Report for the Downtown Commercial Core
Specific Plan.
2. Findings and Facts in Support of Findings and Statement of Overriding
Considerations for the Final EIR
3. Statement of Overriding Considerations for the Final EIR
4. Water Supply Assessment (Appendix F of the Final EIR)
5. Mitigation Monitoring and Reporting Program (Chapter 4 of the Final EIR)
Resolution No. 18-24
Page 5 of 5
EXHIBIT 1
FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT
FOR THE
DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN
FINAL
PROGRAM ENVIRONMENTAL IMPACT
REPORT
DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN
TUSTIN, CALIFORNIA
STATE CLEARINGHOUSE NO. 2016081004
PREPARED FOR:
CITY OF TUSTIN
Community Development Department
300 Centennial Way, Tustin, CA 92780
CONTACT: Dana L. Ogdon, AICP, Assistant Director Community Development
PREPARED BY:
ENVIRONMENT I PLANNING I DEVELOPMENT
SOLUTIONS, INC.
2030 MAIN STREET STE. 1200
IRVINE, CA 92614
May 2018
Downtown Commercial Core Speck Plan Table of Contents
TABLE OF CONTENTS
Section Page
APPENDICES.............................................................................................................................................................................................. ii
1.0 Introduction.................................................................................................................................................................................... 1-1
2.0 Response to Comments................................................................................................................................................................ 2-1
3.0 Revisions to the Draft EIR............................................................................................................................................................ 3-1
4.0 Mitigation Monitoring and Reporting Program.....................................................................................................................4-1
City of Tustin
Final EIR
May 2018
Downtown Commercial Core Specific Plan
APPENDICES
Table of Contents
Appendix Title
APPENDIXA......................................................................................................................................DRAFT EIR AND DRAFT EIR APPENDICES
City of Tustin
Final OR
May 2018
Downtown Commercial Core Speck Plan 1, Introduction
1. Introduction
This Final Environmental Impact Report (FEIR; Final EIR) has been prepared in conformance with the
environmental policy guidelines for the implementation of the California Environmental Quality Act (CEQA)
to evaluate the environmental effects that may result from construction and operation of the proposed
Downtown Commercial Core Specific Plan (Specific Plan or proposed project).
According to CEQA Guidelines Section 15132, the FEIR shall consist of:
(a) The Draft Environmental Impact Report (DEIR; Draft EIR) or a revision of the Draft EIR;
(b) Comments and recommendations received on the Draft EIR, either verbatim or in summary;
(c) A list of persons, organizations, and public agencies commenting on the Draft EIR;
(d) The responses of. the lead agency to significant environmental points raised in the review and
consultation process;
(e) Any other information added by the lead agency.
This document contains responses to comments received on the Draft EIR during the public review period,
which began February 15, 2018 and ended on April 2, 2018. This document has been prepared in
accordance with CEQA, the State CEQA Guidelines, and represents the independent judgment of the lead
agency, the City of Tustin. This document and the circulated Draft EIR comprise the Final EIR in accordance
with CEQA Guidelines, Section 15132.
Format of the Fihal EIR
The following chapters are contained within this document:
Chapter 1, Introduction. This chapter describes CEQA requirements and the content of the Final EIR.
Chapter 2, Response to Comments. This chapter provides a list of agencies and organizations who
commented on the Draft EIR, as well as copies of their comment letters received during and following the
public review period, and individual responses to their comments.
Chapter 3, Revisions to the Draft EIR. This chapter contains revisions made to the Draft EIR as a result of
the comments received by agencies and organizations as described in Chapter 3, and/or errors and
omissions discovered subsequent to release of the Draft EIR for public review.
The City of Tustin has determined that none of this material constitutes significant new information that
requires recirculation of the Draft EIR for further public comment under CEQA Guidelines Section 15088.5.
The additional material clarifies existing information prepared in the Draft EIR and does not present any
new substantive information. None of this new material indicates that the project would result in a
significant new environmental impact not previously disclosed in the Draft EIR. Additionally, none of this
material indicates that there would be a substantial increase in the severity of a previously identified
environmental impact that would not be mitigated, or that there would be any of the other circumstances
requiring recirculation described in Section 15088.5.
Chapter 4, Mitigation, Monitoring, and Reporting Program. This chapter includes the Mitigation
Monitoring and Reporting Program (MMRP). CEQA requires lead agencies to "adopt a reporting and
mitigation monitoring program for the changes to the project which it has adopted or made a condition of
project approval in order to mitigate or avoid significant effects on the environment" (CEQA Section
City Tustin 1-1
Final EIR
May 2018
Downtown Commercial Core Specific Plan 1. Introduction
21081.6, CEQA Guidelines Section 15097). The MMRP was prepared based on the mitigation measures
included in this Final EIR and has been included as Chapter 4.0.
1.2 CEQA Requirements Regarding Comments and Responses
CEQA Guidelines Section 15204(a) outlines parameters for submitting comments and reminds persons and
public agencies that the focus of review and comment of Draft EIRs should be "on the sufficiency of the
document in identifying and analyzing the possible impacts on the environment and ways in which the
significant effects of the project might be avoided or mitigated. Comments are most helpful when they suggest
additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the
significant environmental effects. At the some time, reviewers should be aware that the adequacy of an EIR is
determined in terms of what is reasonably feasible ... CEQA does not require a lead agency to conduct every
test or perform all research, study, and experimentation recommended or demanded by commenters. When
responding to comments, lead agencies need only respond to significant environmental issues and do not need
to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in
the EIR."
CEQA Guidelines Section 15204(c) further advises, "Reviewers should explain the basis for their comments,
and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion
supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered
significant in the absence of substantial evidence." Section 15204 (d) also states, "Each responsible agency
and trustee agency shall focus its comments on environmental information germane to that agency's statutory
responsibility." Section 15204 (e) states, "This section shall not be used to restrict the ability of reviewers to
comment on the general adequacy of a document or of the lead agency to reject comments not focused as
recommended by this section."
In accordance with CEQA, Public Resources Code (PRC) Section 21092.5, copies of the written responses to
public agencies are being forwarded to those agencies at least 10 days prior to certification of the FEIR,
with copies of this Final EIR document, which conforms to the legal standards established for response to
comments on the Draft EIR pursuant to CEQA.
City Tustin 1-2
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2, Response to Comments
2. Response to Comments
Section 15088 of the CEQA Guidelines requires the Lead Agency, the City of Tustin, to evaluate comments
on environmental issues received from public agencies, organizations, and interested parties who reviewed
the Draft EIR and prepare written responses. This section provides all written responses received on the
Draft EIR and the City of Tustin's responses to each comment of each comment letter. Comment letters and
specific comments are numbered for reference purposes.
The following is a list of public agencies, organizations, and residents and interested parties that submitted
comments on the Draft EIR during and after the public review period. The comment letters received on the
Draft EIR and responses to those comments are provided on the following pages.
Letter Number Agency/Organization/Name Comment Date
Agencies
Al
City of Irvine
March 8, 2018
A2
Native American Heritage Commission
March 9, 2018
A3
South Coast Air Quality Management District
March 27, 2018
A4
Orange County Airport Land Use Commission
March 29, 2018
A5
California Department of Transportation (Caltrans)
April 2, 2018
A6
OC Public Works
April 2, 2018
Organizations
01
Gabrieleno Band of Mission Indians — Kizh Nation
February 20, 2018
02 1 Saddleback Chapel Mortuary I March 27, 2018
Residents
R1 I Collette L. Morse I April 3, 2018
City of Tustin 2-1
Final EIR
May 2018
Downtown Commercial Core Specific Plan
This page intentionally left blank.
City of Tustin
Final EIR
May 2018
to Comments
2-2
Downtown Commercial Core Specific Plan
LETTER A1: City of Irvine (2 pages)
March 8, 2018
Commurilty Development
I Civic Center Plaza, Irvine, CA 92606-5208
Mr. Dana Ogdon
City of Tustin
Community Development Department
300 Centennial Way
Tustin, CA 92780
2. Response to Comments
cityofIrvine. org
940-724-6000
Sent via USPS and
email dogdon@tustinca.org
Subject: First Review of the Draft Environmental Impact Report (SCH No.
2018081004) for the Downtown Commercial Core Specific Plan and
associated General Plan Amendment/Zone Ordinance Amendments in
Tustin
Dear Mr. Ogdon:
City of Irvine staff has reviewed the Draft Program Environmental Impact Report (EIR) for
the subject project, The proposed project is a specific plan (SP -12) encompassing
approximately 220 -acres divided into six Development Areas located northwest of 1-5 and
SR -55 interchange, centered around the intersection of Main Street and Cl Camino Real
in Tustin as follows:
• SP -12 increases the development intensity by approximately 300,000 square feet of
non-residential (commercial/office) uses;
• SP -12 includes a residential housing bank with a maximum of 887 new dwelling units
configured in multi -family and mixed-use developments that could be requested by
potential developers pursuant to a discretionary Residential Allocation Reservation;
• SP -12 promotes pedestrian -oriented commercial first floor development, future
streetscape, roadway, pedestrian and bicycle -oriented improvements; and
• Buildout is anticipated by 2035.
Based on the review of the Draft EIR, City of Irvine staff would like to provide the following
comments:
1. Page 3-38, Section 35, Anticipated Discretionary Approvals and Actions: Indicate
the approval sequencing for each project component, as typically the DEIR would
need to be certified prior to approving the rescissions, adopting the proposed
Specific Plan, and adopting the General Plan and Zoning Amendments.
A11-1
City of Tustin 2-3
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Mr. bane:Ogdon
March 8,261$
6
IOP2 q
Z Clarity If the. Downtown Specific Plain traffic analysis includes the Zed Hill Specific
flan props sal, Since then: two -projects are being Prt at the same time, each
of the project traffic studies should include any adjacent prole t(;) currently being
proomsed. Please provide a response If each traffe s#udy:lrrcluded the :other
development or not. If not, ploase revue the Red I Bill Speciti�c Plbn ani olnrri#cavo
Specific Plan traffic studies to analyze the cumulative impact of e0ch project,
Al -2
3a Ffguce 1
—T he Traffic Study area boundary includesthe intersection of Newport
Avenue and Bryan Avenue, but does riot provide any intersection analysis. If5"lr;ase A1-3
provide the +existing, existing p"lug project and 2tD� plus project analysis for this
Intersection,
�4w Figure 2 — The Project trip distribution percentages show that 10 percent of the
project traffic will go eastbound ori Irvine Boulevard -and 10 pert nt vwill go
eastbound on Bryan Avenue. As a result of the project traffic distr#butibnb provide
additional intersectlon tfaffic analysis for the following intersections:
�► gryan!l�.ed:Hili
i gryan/Browning
Bfyaln� WIn Ranch Rood
. Irv�ine.Boulevard/Red Hill
* lrvinl Boulevard/Browning
ii Irvine ulevard/Tustin Ranch Road
These locations listed abeve are located within the + lty of Irvii . e s IBC 'Vision Plein
traMffl+c study and (wine"s NITM traffic study,
Thank you for the opportunity to review and cornment on the proposed project.. Staff
weuld appreciate the opportunity to review any further information regarding this project as
the plOnoirg process proceeds.. If you have any questiori; , I can be reached et 949-724-
6396, or by email at mch citvofirvine grea
Sincerely,
11714� �_
Melissa Chao
Senior Planner
cc; Derwin Lau, Manager of planning Services
Bill Jacobs, Principal Planner
Sun -Sun Murillo., supervising Transportation .Analyst
Fgrldeh Lyons, Senior Transportation Analyst
A1-4
City of Tustin 2-4
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Response to Comment Letter Al - City of Irvine, dated March 8, 2018
Comment A11-1: The comment provides a summary of her interpretation of the project and requests that
the list of Anticipated Discretionary Approvals and Actions be rearranged pursuant to the expected
approval process.
Response A11-1: The first bullet states that SP -12 increases the development intensity by approximately
300,000 square feet of non-residential (commercial/office) uses; however, it should be clarified that as
mentioned on page 3-18 of the Draft EIR, this "nonresidential square footage is within the existing General
Plan's buildout assumptions for the Specific Plan area."
Regarding the rearrangement of discretionary approvals and actions, Draft EIR does not state and it was
not intended that the list be sequential. It merely identifies the expected approvals and actions. No
changes or further response is necessary.
Comment A11-2: The comment asks for clarification if the Downtown Core Specific Plan (DCCSP) traffic
analysis includes the Red Hill Specific Plan and claims that the DCCSP traffic analysis should include "any
adjacent project(s) currently being processed." The commenter also states that if the DCCSP traffic analysis
does not do so, the DCCSP traffic analysis should be revised to analyze the cumulative impact of each
project.
Response A11-2: The DCCSP traffic analysis included an evaluation of year -2035 'cumulative conditions
using data from the Orange County Transportation Analysis Model (OCTAM) Version 3.4. OCTAM 3.4
produces forecasts of traffic volumes based on Orange County Projection (OCP) 2010 data for the year -
2035, which consists of estimates of population, housing, and employment growth. The Red Hill Specific
Plan traffic study similarly included -an evaluation of year -2035 cumulative conditions, however the Red
Hill Specific Plan traffic study used data from the Irvine Transportation Analysis Model (ITAM) and traffic
associated with the DCCSP was added to the ITAM forecasts using data from the DCCSP traffic analysis.
The study areas for these two traffic studies do not overlap, therefore a direct comparison of 2035 traffic
forecasts from each study is not possible. To determine if the OCTAM 3.4 forecasts used in the DCCSP
traffic analysis are reasonably consistent with 2035 forecasts that include the Red Hill Specific Plan, the
Red Hill Specific Plan 2035 ADT volumes have been compared to OCTAM 3.4 ADT forecasts for Red Hill
Avenue. 2035 ADT forecasts for Red Hill Avenue inclusive of both the Red Hill Specific Plan and the
DCCSP range from 21,800 to 29,200 between Bryan Avenue and Sycamore Avenue (source: Kimley-Horn,
2018). In comparison, OCTAM 3.4 2035 ADT forecasts along these same segments of Red Hill Avenue
range from 19,200 to 29,500. Since the OCTAM 3.4 2035 ADT forecasts within the Red Hill Specific Plan
area are similar to the 2035 ADT forecasts shown in the Red Hill Specific Plan traffic study, it is
reasonable to conclude that the OCTAM 3.4 2035 ADT forecasts account for the Red Hill Specific Plan for
the purpose of the DCCSP traffic analysis. No changes or further response is necessary.
Comment A11-3: The comment states that the traffic analysis area boundary includes the intersection of
Newport Avenue and Bryan Avenue, but does not provide any intersection analysis and requests the
existing, existing plus project and 2035 plus project analysis for this intersection be provided.
Response A11-3: The study area intersections evaluated in the DCCSP traffic analysis were determined
based on the net change in traffic volume, which was derived from a comparison of model runs for
conditions with and without the DCCSP. The model data indicates that the DCCSP adds a negligible
amount of traffic to the Newport Avenue/Bryan Avenue intersection. Therefore, analysis of this intersection
is not required for determination of project impacts. No changes or further response is necessary.
Comment A14: The comment states that the DCCSP trip distribution percentages on Irvine Boulevard and
Bryan Avenue warrant the provision additional intersection traffic analysis for the following intersections:
• Bryan/Red Hill
City of Tustin 2-5
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2, Response to Comments
• Bryan/Browning
• Bryan/Tustin Ranch Road
• Irvine Boulevard/Red Hill
• Irvine Boulevard/Browning
• Irvine Boulevard/Tustin Ranch Road
Response A14: The project trip distribution percentages indicate the directional distribution of traffic
generated within the DCCSP area. The net increase in traffic volume is used to determine the study area
and locations potentially impacted by the added traffic. The net increase also takes into account the
downsizing of roadway classifications within the DCCSP area. In the case of Bryan Avenue and Irvine
Boulevard, the net increase in traffic due to the DCCSP for the indicated intersections east of the study
area is 20 vehicles per hour or less. 20 vehicles per hour is less than the threshold used for impact analysis
and the project's impact at the requested locations would therefore be less than significant. No changes or
further response is necessary.
City of Tustin 2-6
Final EIR
May 2018
Downtown Commercial Core Specific Plan
LETTER A2: Native American Heritage Commission (5 pages)
NATIVE AMERICAN HERITAGE COMMISSION
Environmental and Cultural Department
1550 Harbor Blvd., Suite 100
West Sacramento, CA 95691
Phone (916) 373.3710
Fax(916)373-5471
March 9, 2018
Dane L. Ogden
City of Tustin
300 Centennial Way
Tustin, CA 92780
Sent via e-mail: dogden@tustinca.org
Re: SCH# 2016081004, Downtown Commercial Core Specific Plan Project, City of Tustin; Orange County, California
Dear Mr. Ogden:
The Native American Heritage Commission (NAHC) has reviewed the Draft Environmental Impact Report prepared for the
project referenced above. The review included the Executive Summary; Table 1-2, Summary of Impacts; the Introduction and
Project Description; the Environmental Impact Analysis, section 5.3 Cultural Resources; and Appendix C, Cultural Resource
Assessment prepared by Environmental Planning Development Solutions and Cogstone for the City of Tustin. We have the
following concerns:
to Comments
1. There is no documentation that government -to -government consultation by the lead agency was conducted under
AB -52 with Native American tribes traditionally and culturally affiliated to the project area as required by statute, or that
mitigation measures were developed in consultation with the tribes. Discussions under AB -52 may include the type of
document prepared; avoidance, minimization of damage to resources; and proposed mitigation. Contact by consultants
during the Cultural Resources Assessments is not formal consultation.
A2-1
2. The significance of Tribal Cultural Resources is not addressed in the Environmental Impact Analysis as per California
Natural Resources Agency (2016) "Final Text for tribal cultural resources update to Appendix G: Environmental A2-2
Checklist Form," hftp://resources.ca.govicega/docs/ab52/Clean-final-AB-52-App-G-text-Submitted.pdf
3. There are no mitigation measures specifically addressing inadvertent finds of Tribal Cultural Resources separately and
distinctly from Archaeological Resources. Mitigation measures must take Tribal Cultural Resources into consideration
as required under AB -52, with or without consultation occurring. Mitigation language for archaeological resources is
not always appropriate for or similar to measures specifically for handling Tribal Cultural Resources. For sample A2-3
mitigation measures, please refer to the California Office of Planning and Research's "Technical Advisory, AB 52 and
Tribal Cultural Resources in CEQA" at htti)://oi3r.ca.gov/docs/Revised AB 52 Technical Advisory March 2017.odf
ADDITIONAL INFORMATION:
The California Environmental Quality Act (CEQA)', specifically Public Resources Code section 21084.1, states that a project
that may cause a substantial adverse change in the significance of a historical resource is a project that may have a significant
effect on the environment 2 If there is substantial evidence, in light of the whole record before a lead agency, that a project may
have a significant effect on the environment, an environmental impact report (EIR) shall be prepared.3 In order to determine
whether a project will cause a substantial adverse change in the significance of a historical resource, a lead agency will need to
determine whether there are historical resources with the area of project effect (APE).
CEQA was amended in 2014 by Assembly Bill 52. (AB 52).4 AB 52 applies to any project for which a notice of preparation
or a notice of negative declaration or mitigated negative declaration is filed on or after July 1, 2015. AB 52 created a
separate category for "tribal cultural resources"5, that now includes "a project with an effect that may cause a substantial adverse
change in the significance of a tribal cultural resource is a project that may have a significant effect on the environments Public
agencies shall, when feasible, avoid damaging effects to any tribal cultural resource! Your project may also be subject to
Senate Bill 18 (SB 18) (Burton, Chapter 905, Statutes of 2004), Government Code 65352.3, if it also involves the adoption of or
amendment to a general plan or a specific plan, or the designation or proposed designation of open space. Both SB 18 and
AB 52 have tribal consultation requirements. Additionally, if your project is also subject to the federal National Environmental
Pub. Resources Code § 21000 at seq.
Pub. Resources Code § 21084.1; Cal. Code Regs., tit.14, § 15064.5 (b); CEQA Guidelines Section 15054.5 (b)
Pub. Resources Code § 21080 (d); Cal. Code Regs., lit. 14, § 15064 subd.(a)(1); CEQA Guidelines § 15064 (a)(1)
4 Government Code 65352.3
s Pub. Resources Code § 21074
e Pub. Resources Code § 210842
r Pub. Resources Code § 21084.3 (a)
A2-4
City of Tustin 2-7
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Policy Act (42 U.S.C. § 4321 et seq.) (NEPA), the tribal oonsultation requirements of Secfion 106 of.the National Historic
Preservation Act of 19W may also apply. .
Consult your legai counsel abort compliance with AS 52 and SB 18 as wail as compliance with any ottw applicable,
laws.,
Agencies ,should be aware that AS 52 does not preclude agencies from inteadhg b" ,consultation with tribes that are
traditionally and culturally affiliated with their jurisdictions before the timeframes provided In AB 62. For that reason, we urge you
to continue to request Native American Tribal Consultation Lists and Sacred Lands File searches from the NAHC. The request
forms can be found online at: httuJMahc.ca.00v/resources/forms/. Additional information *ardng AS 62 can be Wnd online
at htto://nahc.ca.gqvhvD-Content/udoads/2015/10/AB52TribalConsuiWbon CaIEPAPDF.odf, endled "Tribal Consultation Under
96,52: Requirements and Best Practices'. cont.
The NAHC recommends lead agencies consult with all California Native, American tribes that are traditionally and culturally
atfillated with `the geographic area of your proposed project as early as possible in order to avoid timadvertant discoveries of
Native American human remains and best protect tribal cultural resources:
A brief summaryof rdon of AS 52 and SB 18 as well as the NAHC's recommendations for conducing mural resources
assessments is also attached.
Please contact me at gayle.toitormons o,ca.gov or cap (916) 373-3710 If you have any questions.
Sincerely,
o+UO�n, 9.5., MA. PhD
Associate Governmenlai Project Analyst
Attachment
ocState Clearinghouse
154 U.S.C. 300101, 36 CTA S OW et xq.
City of Tustin 2-8
Final EIR
May 2018
Downtown Commercial Core Specific Plan
2. Response to Comments
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City of Tustin 2-9
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
We process should be documented In Hie rr" Cufturar Resources section of your emok onmentar document,
under sB M
Government Code § 65352.3 (a) (1) requires consultation with Native Americans on general plan proposals for the proposes, of
"preserving ormitl9e irg Impacts to places, features, and described § 5097.9 and § 5091.993 of the Public Resources
Code that are located within the oily or county's jurisdiction. Government Code § 65560 (a), (b), and (c) provides for
consultation with Native American tribes on the opens -space element of a county or city general plan for the purposes of
protecting places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code.
SB 18 applies to local govemme b and requires, them to contact, provide notice to, refer plans to, and consuH with tribes
prior to the adoption or amendment of a general plan or a specific plan, or the designation of open space. Local
governments WxKM consult the Governor's Office of Planning and Researtn"s'Tribal Consultation Gradefires,' which can
4 06 UiWated
Trriibaal Consultation,ifa local governt considersla proposal tGuidelines d a •general plan or a specific plan, or to
timeframe has been agreed to by the tribe.'*
There is no Statutory row Liniiton Tribal Consultation under the law.
EIEZEEMich:
kv: Consisbemt with the guidelines developed and adopted by the office of Planning and Research m the city or
l protecf the oonfidentialtttr of the inforrnatiorn corncernirg the specific irlerMity, location, character. acct use of
ures end s described in Public Resources Code sections 5os7:g and 5097.99 i ltnat are win the city s or
sdic4on.Trial ComuWtationt Cormsukattam slnonrW be cornctuded at the,pokt in which:e parties to the oorsultalia5;come to a mtmral agreerrmert concerning ifine appropriate measures for preservation
.ormillgaiiw.or -
o Either the local government or the tribe, acting in good faith and after reasonable effort, concludes that mutual
agreement cannot be reached concerning the appropriate measures of preservation or midgatan
NANO Recommendations for Cultural Resources Assessments:
• Contact the NAHC for.
o A Sacred Lands File search. Remember that tribes do not always record that r sacred skes in the Sacred Lands
File, nor ani they required'to do so. A Sacred Lards File search is not a substitute for consultation WO trines that
are traditionary and culturally affiliated with the geographic an3a of the project's APE.
o A Native American Tribal Contact List of appropriate Vibes for consultation concen ng the pmjed .site and to assist
in Warning for avoidance, preservation In place, or, failing bout, mitigation meastres.
■ The request form can be fond at hip thatts,,ca.gov/resourc6sHorns/.
• pentad d* appropriate regional Caifomia HMMrkad Research IMonnation System (CHRIS) Center`
( ttt�.//ohp.oarks:ca.00vt?uaoe id=i0t381 for an archaeological retards search. The records search will determine:
o If part or the entire APE has been previously surveyed for cultural resources.
-o If any kroWn,culturaf,resour:es have been already been recorded on or adjacennt'to the APE.
o If the probability is low, moderate, or high that cul" resources are locatad in the APE.,
o If a survey Is required to determine whether previously unrecorded cultured resources are present:
• N an archao*ocal inventory survey is'ragnked, the final stage is the preparation of a professional report detailing the
findings and recomrnerdatioru of the records search and field survey.
a The final reportcontaining site forms, site significance, and mitigation measures should be submitted kmrrediateiy
to the planning department. AN information regarding site locations, Native American human remains, and
associated funerary objects should be In a separate confidential addendum and not be made available for public
disclosure:
o The final written report should be submitted within 3 months after work has been completed to the appropriate
regional CHRIS center.
Examples of Mitiaation Measures That May Be Considered to Avoid or Minimize Siatificant Adverse Impacts toTribai
Cultural Rhe
o Avoidance and preservation of the resources in place, including, but not wmited to:
■ Planting and owstruction to avoid the resources and protect the cultural and natural context.
• Planning greenspace, parks, or other open space, to incorporate the resources witir culturally appropriate
protection and management criteria,
ir. (Gov. Cods §. es3523 (aX2)),
r (Co10 de § v.653f=)CodWNW 850/02.
a (,t" Coosuftales, Gorw4ft oMw d P%nr tmg and ReasWch (2005) at p.18).
4
City of Tustin 2-10
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
h►. �...r.a�.r�; �IOa.On�.
S.
City of Tustin 2-11
Final EIR
May 2018
Downtown Commercial Core Speck Plan 2. Response to Comments
This page intentionally left blank.
City of Tustin 2-12
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Response to Comment Letter A2 - Native American Heritage Commission, dated March 9, 2018
Comment A2-1: The comment claims there is no documentation that government to government consultation
by the lead agency was conducted per AB 52.
Response A2-1: The commenter is directed to Draft EIR page 5.10-4, Section 5.10, Tribal Cultural
Resources. As discussed, the City of Tustin met with the Gabrieleno Band of Mission Indians — Kizh Nation
and an AB 52 and SB 18 consultation meeting was held on October 11, 2017. (See page 5.10-3 and
5.10-4)
The City requested a sacred lands record search from the Native American Heritage Commission (NAHC)
on February 2, 2017. The NAHC responded that there were no known sacred lands within a half mile of
the Specific Plan boundaries. In compliance with SB 18, on June 26, 2017, the City sent letters to Native
American groups or individuals on NAHC's list, that may have knowledge regarding tribal cultural places
in the project area.
• Campo Band of Mission Indians
• Ewiiaapaayp Band of Kumeyaay Indians
• Gabrieleno Band of Mission Indians — Kizh Nation
• Gabrieleno/Tongva San Gabriel Band of Mission Indians
• Gabrielino/Tongva Nation
• Gabrielino-Tongva Indians of California Tribal Council
• Gabrielino-Tongva Tribe
• Jamul Indian Village
• Juaneno Band of Mission Indians Acjachemen Nation - Belardes
• Juaneno Band of Mission Indians Acjachemen Nation — Romero
• Juaneno Band of Mission Indians
• La Posta Band of Mission Indians
• Manzanita Band of Kumeyaay Nation
• Mesa Grande Band of Mission Indians
• San Fernando Band of Mission Indians
• San Pasqual Band of Mission Indians
• Sycuan Band of the Kumeyaay Nation
• Viejas Band of Kumeyaay Indians
Responses were received from two tribes, the Gabrieleno Band of Mission Indians — Kizh Nation and the
Viejas Band of Kumeyaay Indians. An SB 18 consultation was requested by the Gabrielen"o Band of
Mission Indians — Kizh Nation and held on October 11, 2017.
In compliance with AB 52, the following five Native American contacts were sent letters on August 3, 2017,
requesting any information related to cultural resources or heritage sites within or adjacent to the Specific
Plan area:
• Gabrieleno Band of Mission Indians — Kizh Nation
• Juaneno Band of Mission Indians
• Soboba Band of Luiseno Indians
• Torres Martinez Desert Cahuilla Indians
• San Gabriel Band of Mission Indians
City of Tustin 2-13
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Therefore, notification and consultation occurred pursuant to AB 52 and SB 18. No further response is
necessary.
Comment A2-2: The comment claims that Tribal Cultural Resources were not addressed in the Draft EIR.
Response A2-2: The commenter is directed to Draft EIR page 5.10-4, Section 5.10, Tribal Cultural
Resources. As discussed, although no Tribal Cultural Resources were identified in the Specific Plan area
through record searches and the tribal consultation, the Draft EIR determined that development and
redevelopment projects pursuant to the Specific Plan could involve grading and excavation to greater
depths than previously undertaken that could disturb unknown buried Tribal Cultural Resources, including
shells, funerary objects, and human remains due to pervious use of the area as a traditional trade route.
Thus, Mitigation Measure CUL -1 would reduce the potential for Tribal Cultural Resources to be impacted
during earthmoving activities and provides for management of any identified resources. With
implementation of Mitigation Measure CUL -1, impacts related to a substantial adverse change in the
significance of a Tribal Cultural Resource were considered to be less than significant in the Draft EIR.
The commenter is also referred to Response to Comment Letter 01.
Comment A2-3: The comment claims that there are no mitigation measures specifically addressing
inadvertent finds of Tribal Cultural Resources separately and distinctly from Archaeological Resources.
Mitigation language for archaeological resources is not always appropriate for or similar to measures
specifically for handling Tribal Cultural Resources.
Response A2-3: The commenter is referred to Response to Comment letter 01. Mitigation Measure CUL -1
has been revised to ensure that the tribe is notified of inadvertent finds of Tribal Cultural Resources:
"If discovered materials are found not to be significant archaeological resources, but may be
considered a Tribal Cultural Resource or objects with cultural value to a California Native
American tribe, the archeologist shall contact representatives of Gabrieleno Band of Mission
Indians — Kizh Nation to assess the discovery and develop appropriate avoidance measures, data
recovery, reburial relocation, or other appropriate mitigation."
Please refer to Chapter 3, Revisions to the Draft EIR, herein.
Comment A24: The comment provides a general summary of information related to AB 52 and SB 18.
Response A24: As discussed in Responses to Comments A2-1. through A2-3 above, and Response to
Comment Letter 01, the City of Tustin conducted AB 52 and SB 18 consultation, and addressed Tribal
Cultural Resources in the Draft EIR. Impacts related to a substantial adverse change in the significance of a
tribal cultural resource were considered to be less than significant in the Draft EIR.
City of Tustin 2-14
Final EIR
May 2018
Downtown Commercial Core Specific Plan
LETTER A3: South Coast Air Quality Management District (7 pages)
South Coast
Air Quality Management District
21865 Copley Drive, Diamond Bar, CA 91765-4178
(909) 396-2000 • www.agmd.gov
2. Response to Comments
SENT VIA E-MAIL AND USPS: Mareh 27, 2018
do @don(attustinca.org
Dana L. Ogdon, ACIP, Assistant Director
City of Tustin — Community Development Department
300 Centennial Way
Tustin, CA 92780
Draft Proeram Environmental Imnact Renort (Draft PEIR) for the Proposed
Downtown Commercial Core Specific Plan (SCH No.: 2016081004)
The South Coast Air Quality Management District (SCAQMD) staff appreciates the opportunity to
comment on the above-mentioned document. The following comments are meant as guidance for the
Lead Agency and should be incorporated into the Final PEIR.
SCAOMD Staffs Summary of Project Description
The Lead Agency proposes to develop a Specific Plan that establishes the long-term vision with goals and
objectives to create a vibrant, cohesive, connected, livable, and memorable City core (Proposed Project).
The Proposed Project is divided into six Development Areas to reflect differences in the character of the
built environment. The Proposed Project would provide for 887 residential units and 300,000 square feet
of commercial and office spaces on 220 acres. Based on a review of Figure 3-1 and Figure 3-2 in the
Draft PEIR, SCAQMD staff found that community residential uses are planned for Development Area 6
which is located immediately north of Interstate 5 (1-5) Freeway. The Proposed Project is expected to be
developed over 17 years from 2018 through 20351.
SCAOMD Staff's Air Ouality Analvsis
Based on a review of the Air Quality Section, SCAQMD stall' found that the Air Quality Analysis was
based on the "a worst-case construction scenario [... ]" to conservatively assume that construction would
occur throughout the 17 -year period." and "the emissions that would be generated from buildout of the
[Proposed Project] were averaged over this timeframe'." A theoretical "maximum construction day"
including onsite construction activities such as demolition, site preparation, and construction was also
used'. However, there is a possibility that development projects may overlap with construction activities'.
The Lead Agency quantified the Proposed Project's construction and operational emissions and compared
them to SCAQMD's regional air quality CEQA significance thresholds. After incorporating Mitigation
Measure AQ -1 through AQ -61, the Lead Agency found that the Proposed Project's mitigated construction
emissions w=ould remain significant and unavoidable for ROG and NOx. The Proposed Project's
operational emissions would exceed SCAQMD's regional CEQA significance thresholds for ROG and
NOx emissions after incorporating Mitigation Measures AQ -7 and AQ -86.
' Draft PEIR. Page 5.2-14.
2 Ibid.
3 Ibid.
4 Ibid. Page 5.2-17.
5 Ibid.
6 Ibid. Table 5.2-8.
A3-1
City of Tustin 2-15
Final EIR
May 2018
Downtown Commercial Core Specific Plan
2. Response to Comments
Dana L. Ogdon March 27, 2018
SCAOMD's 2016 Air Quality Management Plan
On March 3, 2017, the SCAQMD's Governing Board adopted the 2016 Air Quality Management Plan
(2016 AQMPp, which was later approved by the California Air Resources Board on March 23, 2017.
Built upon the progress in implementing the 2007 and 2012 AQMPs, the 2016 AQMP provides a regional
perspective on air quality and the challenges facing the South Coast Air Basin. The most significant air
quality challenge in the Basin is to achieve an additional 45 percent reduction in nitrogen oxide (NOx)
emissions in 2023 and an additional 55 percent NOx reduction beyond 2031 levels for ozone attainment.
General Comments
SCAQMD staff has reviewed the Air Quality Analysis in the Draft PEIR and has comments on the
methodology. Please see the attachment for more information. Additionally, as described in the 2016
AQMP, to achieve NOx emissions reductions in a timely manner is critical to attaining the National
Ambient Air Quality Standard (NAAQS) for ozone before the 2023 and 2031 deadlines. SCAQMD is
committed to attain the ozone NAAQS as expeditiously as practicable. The Proposed Project plays an
important role in contributing to NOx emissions. Therefore, SCAQMD staff has comments on air quality
mitigation measures to further reduce NOx emissions as well as ROG emissions. Finally, the attachment
includes recommendations to include discussions on SCAQMD rules.
Conclusion
Pursuant to California Public Resources Code Section 21092.5(a) and CEQA Guidelines Section
15088(b), SCAQMD staff requests that the Lead Agency provide SCAQMD staff with written responses
to all comments contained herein prior to the certification of the Final PEIR. In addition, issues raised in
the comments should be addressed in detail giving reasons why speck comments and suggestions are
not accepted. There should be good faith, reasoned analysis in response. Conclusory statements
unsupported by factual information will not suffice (CEQA Guidelines Section 15088(c)). Conclusory
statements do not facilitate the purpose and goal of CEQA on public disclosure and are not meaningful or
useful to decision makers and to the public who are interested in the Proposed Project. Further, when the
Lead Agency makes the finding that the recommended mitigation measures are not feasible, the Lead
Agency should describe the specific reasons for rejecting them in the Final PEIR (CEQA Guidelines
Section 15091).
SCAQMD staff is available to work with the Lead Agency to address these issues and any other questions
that may arise. Please contact me at lsun(&aamd.gov if you have any questions regarding the enclosed
comments.
Sincerely,
L„ y„I. "
Lijin Sun, J.D.
Program Supervisor, CEQA IGR
Planning, Rule Development & Area Sources
Attachment
LS
LAC 180216-04
Control Number
7 South Coast Air Quality Management District. March 3, 2017, 2016 Air Quality Management Plan. Accessed at:
httn://www. aamd. gov/home/library/clean-air-plans/air-quality-met-clan.
A3-1
cont.
City of Tustin 2-16
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Dana L. Ogdon
ATTACHMENT
Air Ouality Analysis—Overlapping Construction and Operational Activities
March 27, 2018
When specific development is reasonably foreseeable as a result of the goals, policies, and guidelines
in the Proposed Project, the Lead Agency should identify any potential adverse air quality impacts
and sources of air pollution that could occur using its best efforts to find out and a good -faith effort at
full disclosure in a CEQA document. In the Draft PEIF, the Lead Agency stated that there is
potential overlap of concurrent development projects and various construction activities. Since an
overlapping construction and operation scenario is reasonably foreseeable, the Lead Agency should
analyze a scenario where construction activities overlap with operational activities, unless the Lead
Agency inchules requirements and/or conditions in applicable bid document andlor development
agreement to expressly prohibit overlapping construction and operational activities.
To analyze a worst-case impact scenario that is reasonably foreseeable at the time the Draft PEIR is
prepared, SCAQMD staff recommends that the Lead Agency identify the overlapping years, combine
construction emissions (including emissions from demolition) with operational emissions, and
compare the combined emissions to SCAQMD's air quality CEQA operational thresholds of
significance to determine the level of significance in the Final FEIR. In the event that the Lead
Agency, after revising the Air Quality analysis, finds that the Proposed Project's air quality impacts
would be significant, mitigation measures will be required pursuant to CEQA Guidelines Section
15126.4. For more information on potential mitigation measures as guidance to the Lead Agency,
please see Comment Nos. 2 through 7 below and visit SCAQMD's CEQA Air Quality Handbook
website'.
Recommended Changes to Existing Mitigation Measures
2. CEQA requires that all feasible mitigation measures that go beyond what is required by law be
utilized to minimize or eliminate any significant adverse impacts. SCAQMD staff recommends that
the Lead Agency incorporates the following changes to existing Mitigation Measures AQ -1 and AQ -6
in the Final PEIR to further reduce NOx emissions during construction and operation. Additionally,
information on the localized air quality analysis during construction is provided to supplement
Mitigation Measure AQ -9. Lastly, to reduce toxic air contaminants, it is recommended that the Lead
Agency require the use of enhanced filtration units rated MERV 13 or better and ensures that the
enhanced filtration units are enforceable and effective throughout the lifetime of the Proposed Project.
For more information on other potential mitigation measures as guidance to the Lead Agency, please
visit SCAQMD's CEQA Air Quality Handbook website'.
Mjti2ation Measure AO -1
A3-2
A3-3
3. Under Mitigation Measure AQ -1, the Lead Agency requires project construction that utilizes
construction equipment greater than 150 horsepower (>150 HP) to comply with EPA/CARB Tier 3
emissions standards during all construction phases and to ensure that all construction equipment be A34
tuned and maintained in accordance with the manufacturer's specifications. To further reduce NOx
emissions during construction, SCAQMD staff recommends that the Lead Agency incorporates the
following changes to Mitigation Measure AQ -1 in the Final EIR.
e South Coast Air Quality Management District Accessed at: htti)://www.acimd.gov/home/regiflations/ce-qa.
9 South Coast Air Quality Management District. Accessed at: hM7//www.aamd.eov/home/reeulations/ceaa/air-quality-analvsis-
handbook.
City of Tustin 2-17
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Dana L. Ogdon
March 27, 2018
Mitigation Measure AQ -1: Tier a 4. The construction plans and specifications shall state that
project construction that utilizes construction equipment greater than 4-50 50 horsepower (>459 50
HP) shall comply with EPA/CARB Tier 3 4 emissions standards during all construction phases and
shall ensure that all construction equipment be tuned and maintained in accordance with the
manufacturer's specifications. In the event that construction equipment cannot meet the Tier 4 engine
certification, the developer must demonstrate through future study with written findings supported by
substantial evidence that is approved by the Lead Agency before using other technologies/strategies.
Alternative applicable strategies s may include, but would not be limited to, reduction in the number
and/or horsepower rating of construction equipment, limiting the number of daily construction haul
truck trips to and from the Project, using cleaner vehicle fuel, and/or limiting the number of
individual construction prp oiect phases occurring simultaneously.
Mitigation Measure AO -6
4. Mitigation Measure AQ -6 requires the preparation of construction vehicle management plan, and the
plan requires, among others, the use of low emission vehicles. To further reduce NOx emissions
during construction, SCAQMD staff recommends that the Lead Agency revise Mitigation Measure
AQ -6 to require all diesel -fueled trucks accessing the Proposed Project to meet the U.S.
Environmental Protection Agency/California Air Resource Board truck engine standard for Model
Year 2010 or better. In the event that that 2010 model year or newer diesel haul trucks cannot be
obtained, provide documentation as information becomes available and use trucks that meet EPA
2007 model year NOx emissions requirements, at a minimum. Additionally, consider other measures
such as incentives, phase-in schedules for clean trucks, etc. Alternatively, the Lead Agency should
provide additional information on how the information included in this Mitigation Measure will be
used to reduce the Proposed Project's significant operational NOx emissions.
Mitigation Measure AO -
5. Mitigation Measure AQ -9 requires the applicant to provide modeling of the regional and the localized
emissions (NOx, CO, PM10, and PM2.5) associated with the maximum daily grading activities for
the proposed development, and the emissions must not exceed applicable SCAQMD's significance
thresholds.
SCAQMD staff recommends that the Lead Agency include the SCAQMD's guidance for performing
a localized air quality analysis in the Final PEIR. The guidance can be found at the SCAQMD
website10. In the event that localized emissions would exceed SCAQMD's localized air quality
CEQA significance thresholds, mitigation measures are required pursuant to CEQA Guidelines
Section 15126.4.
Mitigation Measure A0-1 D
A3-4
cont.
A3-5
A3-6
6. Mitigation Measure AQ -10 requires submittal of a health risk assessment (HRA) to the City of Tustin
Planning Division prior to design review approval for development proposals for new residential and
other sensitive land use projects (e.g., nursing homes, day care centers) in the Specific Plan area A3-7
within 500 feet of major sources of toxic air contaminants (e.g., Interstate 5, and roadways with
traffic volumes over 100,000 vehicles per day).
10 South Coast Air Quality Management District. Localized Significance Thresholds. Accessed at:
htto://www. aomd.eov/home/rules-compliance/ceoa/air-aualitv-analvsis-handboolulocalized-simificance-thresholds.
City of Tustin 2-18
Final EIR
May 2018
Downtown Commercial Core Specific Plan
Dana L. Ogdon
2. Response to Comments
March 27, 2018
a) SCAQMD Staff's Comment 1: Notwithstanding the court rulings, SCAQMD is concerned about
the potential public health impacts of siting sensitive populations within close proximity of
freeways or other sources of air pollution. As such, SCAQMD staff supports the requirement that
a HRA shall be prepared and submitted prior to design review approval for new residential and
other sensitive land use projects that are located within 500 feet of freeways such is I-5 and
roadways with traffic volumes over 100,000 vehicles per day. This requirement is in line with the
purpose and goal of CEQA on public disclosure". The SCAQMD guidance for performing a
HRA is available on SCAQMD website12
b) SCAQMD Staff Comment 2: In addition, SCAQMD staff recognizes that there are many factors
Lead Agencies must consider when making local planning and land use decisions. To facilitate
stronger collaboration between Lead Agencies and SCAQMD to reduce community exposure to
source -specific and cumulative air pollution impacts, SCAQMD adopted the Guidance Docrunent
for Addressing Air Quality Issues in General Plans and Local Planning in 2005". This Guidance
document provides recommended policies that local governments can use in their General Plans
or through local planning to prevent or reduce potential air pollution impacts and protect public
health. Therefore, it is recommended that the Lead Agency review this Guidance document prior
to approving the Proposed Project.
c) SCAQMD Staff Comment 3: Mitigation Measure AQ -10, among others, requires the use of
enhanced filtration system rated MERV 12 or better. SCAQMD staff recommends that the Lead
Agency require the use of MERV 13 or better to ensure the maximum reduction of health risks
from exposures to diesel particulate matter (DPM) emissions from vehicles and trucks traveling
on I-5 and roadways with traffic volumes over 100,000 vehicles per day.
d) SCAOMD Staff Comment 4: Enhanced filtration units have limits. Many strategies are available
to reduce exposure, including, but are not limited to, building filtration systems, sounds walls,
vegetation barriers, etc. Because of the potential adverse health risks involved with siting
sensitive receptors near sources of air pollution, it is essential that any proposed strategy must be
carefully evaluated before implementation. Since enhanced filtration system is required under
Mitigation Measure AQ -10, SCAQMD staff recommends that the Lead Agency consider the
limitations of the enhanced filtration. For example, in a study that SCAQMD conducted to
investigate filters 14, a cost burden is expected to be within the range of 5120 to 5240 per year to
replace each filter. In addition, because the filters would not have any effectiveness unless the
HVAC system is running, there may be increased energy costs to the residents. It is typically
assumed that the filters operate 100 percent of the time while residents are indoors, and the
environmental analysis does not generally account for the times when the residents have their
windows or doors open or are in common space areas of the project. In addition, these filters
have no ability to filter out any toxic gases from vehicle exhaust. Therefore, the presumed
11 SCAQMD has developed the CEQA significance threshold of 10 in one million for cancer risk When SCAQMD acts as the
Lead Agency, SCAQMD staff conducts a HRA, compares the maximum cancer risk to the threshold of 10 in one million to
determine the level of significance for health risk impacts, and identifies mitigation measures if the risk is found to be significant.
12 "Health Risk Assessment Guidance for Analyzing Cancer Risk from Mobile Source Diesel Idling Emissions for CEQA Air
Quality Analysis," accessed at httu:1/wwrv.aomd.eov/home/reeulations/cepa/air-ouality-analysis-handbook/mobtle-source-
toxies-analysis.
11 South Coast Air Quality Management District. May 2005. "Guidance Document for Addressing Air Quality Issues in General
Plans and Local Planning" Accessed at: httu://www.a.amd.aov/docs/default-source/planning/air-rnlahty-euidance/comulete-
guidance-document. odf.
14 This study evaluated filters rated MERV 13 or better. Accessed at: hhtt J/www.agmd.eov/docsJdefault-
source/ceaa/handbook/aomdoilotstudvfinalreoort.ndf Also see also 2012 Peer Review Journal article by SCAQMD:
httn://d7.igair.com/sites/default/filesvodf/Pofidori-et-al-2012.1)
City of Tustin
Final EIR
May 2018
A3-7
cont.
A3-8
Downtown Commercial Core Specific Plan 2. Response to Comments
Dana L. Ogdon
March 27, 2018
effectiveness and feasibility of any filtration twits should be carefully evaluated in more detail
prior to assuming that they will sufficiently alleviate exposures to DPM emissions.
e) SCAQMD Staff Comment 5: Since 'eni►anced filtration touts are proposed for the Proposed
Projects and to ensure that the enhanced filtration units are enforceable throughout the lifetime of
the Proposed Project and that they are effective in reducing exposures to DPM emissions,
SCAQMD staff recommends that the Lead Agency provide additional details on future
operational and maintenance implementation and monitoring in the Final PEIR to facilitate a
good faith effort at full disclosure. At a minimum, the Final PEIR should include the following
information:
• Disclosure on increased energy costs for running the HVAC system to prospective residents;
• Disclosure on potential health impacts to prospective residents who live in proximity to
freeways;
• 'Identification of the responsible implementing and enforcement agency (or entity);
• Recommended schedules for replacing the enhanced filtration units;
• Ongoing monitoring schedules;
• Ongoing cost sharing strategies, if any; for replacing the enhanced filtration units;
• Criteria for assessing progress in installing and replacing, the enhanced filtration units; and
• Process for evaluating the effectiveness of the enhanced filtration units.
Additional Recommended Mitigation Measures
I In addition to the recommended changes to existing air quality mitigation measures, SCAQMD staff
recommends that the Lead Agency incorporate the .following mitigation measures for air quality
impacts in the Final PER.
a) Require that 240 -Vol electrical outlets or Izvel 2 chargers be installed in parking lots that would
enable charging. of NEVs and/or battery powered vehicles.
Vehicles that can operate at least partially on electricity have the ability to substantially reduce
the significant NOx and ROG impacts from this project. It. is important to make this electrical
infrastructure available when the project is built so that it is ready when this technology becomes
commercially available. The cost of installing electrical charging equgrment onsite is
significantly cheaper if completed when die project is built compared to retrofitting an existing
building. Therefore, SCAQMD staff recommends the Lead Agency require the Proposed Project
be constructed with the appropriate infrastructure to facilitate sufficient electric charging for
vehicles to plug-in
b) Maximize use of solar energy including solar panels; installing the maximum possible number of
solar energy arrays on the building roofs and/or on the Project site to generate solar energy for the
facility.
c) ' Limit parking supply and unbundle parking costs.
d) Maximize the planting of trees in landscaping and parking lots.
e) Use light colored paving and roofing materials.
f) Install light colored "cool" roofs and cool pavements.
City of Tustin
Final EIR
May 2018
A3-8
cont.
A3-9
2-20
Downtown Commercial Core Speck Plan 2. Response to Comments
Dana L. Ogdon
g) Require use of electric or alternatively fueled sweepers with IPPA fihers.
h) Require use of electric lawn mowers and leaf blowers.
i) Utilize only Energy Star heating, cooling, and lighting devices, and appliances.
j) Use of water-based or low VOC cleaning products.
March 27, 2018'
Compliance with SCAOMD Rule 403(e) and Rule 1403
8. The Lead Agency included a discussion on general compliance with SCAQMD Rule 403 in the Draft
PER Since the Proposed Project is a large operation of approximately 220 acre (50 -acre sites or
more of disturbed surface area; or daily earth -moving operations of 3,850 cubic yards or more on
thrice days in any year) in the South Coast Air Basin. The Lead Agency is required to comply with
SCAQMD Rule 403(e) — Additional Requirements for Large Operations", which includes
requirements to provide Large Operation Notification Form 403 N, appropriate signage, additional
dust control measures, and employment of a dust control supervisor that has successfully completed
the Dust Control in the South Coat Air Basin training chn". Therefore, SCAQMD recommends
that the Lead Agency include a discussion to demonstrate specific compliance with SCAQMD Rule
403(e) in the Final PEHL Compliance with SCAQMD Rurle 403(e) will further reduce particulate.
matters from the Proposed Project
A3 -s
cont.
A3-'10
Since the Proposed Project would include demolition, asbestos may be encountered during A3-11
demolition. As such, SCAQMU staff ruxomrawds that the Lead Agency include a diseussion to
demonstrate compliance with SCAQMD Rule 1403 in the Final PEIIL
u Ibid.
16 South Coast Air Qtnhty Manw menu DbOact Comomme and Enforcement Staff's cord information for Rule 403(e)
Large Opmations is (909) 396-26M or bye -mail at dustea trol(daamd.aov.
City of Tustin 2-21
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2, Response to Comments
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City of Tustin 2-22
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2, Response to Comments
Response to Comment Letter A3 — South Coast Air Quality Management District, dated March 27,
2018
Comment A3-1: The comment provides a summary of the proposed Specific Plan, the air quality analysis
within the Draft EIR, the 2016 Air Quality Management Plan, general information about CEQA Guidelines
requirements, and provides an introduction to the specific project related comments that follow.
Response A3-1: The comment is general in nature and does not provide specific comments related to the
adequacy of the Draft EIR, or air quality impacts that could result from the proposed Specific Plan. The
comment also states that the comments are meant as guidance. Thus, no further response is required or
provided.
Comment A3-2: The comment states that the Lead Agency should analyze a worse -case scenario where
construction activities overlap with operational activities and implement required mitigation.
Response A3-2: The Draft EIR and the Air Quality Technical Study (included as Appendix B of the Draft
EIR) conservatively evaluated several phases of project construction that could occur during implementation
of the Specific Plan and determined that emissions from construction activities would be significant and
unavoidable. The Draft EIR also evaluates project operational activity and identifies the peak daily
emissions that would occur and concludes these emissions are significant and unavoidable. This evaluation is
based upon full occupancy and maximum buildout of the proposed Specific Plan, which is a conservative
methodology to ensure that potential impacts are identified. Furthermore, cumulative impacts related to
construction and operational emissions were determined to be significant and unavoidable. The SCAQMD
has issued no formal guidance on overlapping construction and operational activities — in fact, the
SCAQMD utilizes different thresholds for construction and operational activities since these activities are
intended to be calculated separately and compared to applicable thresholds. Thus, the Draft EIR air
quality analysis evaluates an appropriately conservative analysis and has included 10 mitigation measures
to reduce air quality emissions impacts to the extent feasible.
Comment A3-3: The comment is an introduction to specific comments that follow, which recommends
changes to the air quality related mitigation measures in the Draft EIR.
Response A3-3: As this comment is introductory in nature, no specific response is required. Specific
responses to the detailed mitigation recommendations are provided in Responses A3-4 through A3-8.
Comment A34: The comment recommends that Mitigation Measure AQ -1 be changed to require
construction equipment that meets Tier 4 emissions standards.
Response A34: The availability of Tier 4 equipment for the project construction cannot be assured by the
City or future project applicants. A review of data available from the California Air Resources Board's
(CARB's) OFFROAD2011 Model shows that heavy-duty, off-road construction equipment meeting Tier 4
emission standards account for only approximately 13% of the statewide fleet. Also, the US EPA has
provisions that allow construction fleets to defer converting to Tier 4 requirements until at least 2020 in
some instances — further underscoring the lack of available Tier 4 compliant equipment. With the low
availability of Tier 4 -compliant equipment, it would not be feasible to require the project's construction
equipment to meet these requirements. Hence, the mitigation requires equipment that meets the Tier 3
standards to reduce construction emissions.
Comment A3-5: The comment states that that Mitigation Measure AQ -6 be changed to require all diesel -
fueled trucks accessing the Specific Plan area to meet the U.S. Environmental Protection Agency/California
Air Resource Board truck engine standard for Model Year 2010 or better; and to consider phase-in
schedules for clean trucks.
City of Tustin 2-23
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Response A3-5: The project would implement a Specific Plan for the downtown area of the City to
appropriately plan for future land uses. This recommendation is beyond the scope of this EIR and is not
under the control of the City because fleet -related requirements such as these must be and are being
achieved on a statewide basis as a result of statewide regulations (e.g., California Air Resources Board
regulations). However, Mitigation Measure AQ -6 requires use of low emissions vehicles and other measures
to reduce construction related emissions, and the City -implements existing regulations to reduce emissions.
Comment A3-6: The comment recommends that the Lead Agency include the SCAQMD's guidance for
performing a localized air quality analysis in the Final EIR.
Response A3-6: The Draft EIR and the Air Quality Technical Study (included as Appendix B of the Draft
EIR) include a discussion of methodology for performing a localized air quality analysis. In addition, the Air
Quality Technical Study references includes the website address for the AQMD significance thresholds and
air quality analysis handbook. This comment does not provide specific comments related to the adequacy
of the Draft EIR. Thus, no further response is required or provided.
Comment A3-7: The comment states that SCAQMD supports Mitigation Measure AQ -10, which requires
preparation of a Health Risk Assessment for sensitive uses within 500 feet of high volume roadways. In
addition, the comment states that it is recommended that the Lead Agency review the AQMD Guidance
Document related to local planning.
Response A3-7: This comment agrees with the evaluation and mitigation required in the Draft EIR and
does not provide specific comments related to the adequacy of the Draft EIR that require response. Thus,
no further response is provided.
Comment A3-8: The comment discusses the use of enhanced filtration systems that are rated MERV 12 or
better and states that they are required by Mitigation Measure AQ -10.
Response A3-8: The Draft EIR and the Air Quality Technical Study (included as Appendix B of the Draft
EIR) do not include discussion of or requirements for use of enhanced filtration systems rated MERV 12 or
better. Instead Mitigation Measure AQ -10 requires preparation of a Health Risk Assessment (HRA) if any
sensitive uses are proposed within 500 feet of major sources of toxic air contaminants along with
appropriate enforcement mechanisms that could include disclosures and monitoring of the systems. The
need for enhanced air filtration systems, and the types of filters needed, will be identified by the HRAs
prepared for future implementing projects, as necessary for proposed sensitive uses near existing major
sources of toxic air contaminants.
Comment A3-9: The comment recommends that the Lead Agency incorporate additional mitigation
measures related to 240 -volt electrical outlets, use of solar panels, limited parking supply, use of light
colored roofing, installation of cool roofs and pavement, HEPA filters, electric lawn mowers, and low VOC
cleaning products.
Response A3-9: The project would implement a Specific Plan for the downtown area of the City to
appropriately plan for future land uses. The Specific Plan does not include a specific development
proposal on a specified parcel of land. Instead, the Specific Plan provides a land use plan and design
guidelines that would accommodate the anticipated growth within the area and provide a better jobs to
housing balance. Because the project does not contain a specific development proposal, and new
development in the Specific Plan area would consist mostly of infill, mixed-use, and redevelopment projects
that are market and need dependent, it is not known whether the recommended measures would be
applicable or feasible. However, the Draft EIR does include Mitigation Measure AQ -7 that would be
implemented to require development projects in the Specific Plan area to achieve 5 percent efficiency
beyond the 2016 California Building Code Title 24 requirements; and Mitigation Measure AQ -8 that
would require enhanced water conservation for Specific Plan development projects. These measures
City of Tustin 2-24
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
provide the flexibility to include emissions reduction features that are applicable and feasible for each
proposed development, many of the measures listed in the comment are provided in Mitigation Measure
AQ -7. Furthermore, implementation of Mitigation Measures AQ -7 and AQ -8 would likely equate to similar
reductions as the measures recommended by this comment.
Comment A3-10: The comment states that since the proposed project is a large operation of
approximately 220 acres (50 -acre sites or more of disturbed surface area; or daily earth -moving
operations of 3,850 cubic yards or more on three days in any year) in the South Coast Air Basin, the Lead
Agency is required to comply with SCAQMD Rule 403(e) — Additional Requirements for Large
Operations'! 5.
Response A3-10: The proposed project is not a large operation and does not contain any sites that are
over 50 acres in size. As described in the previous response, project would implement a Specific Plan for
the downtown area of the City to appropriately plan for future land uses. The Specific Plan does not
include a specific development proposal on a specified parcel of land. Instead, the Specific Plan provides
a land use plan and design guidelines that would accommodate the anticipated growth. It is not
anticipated that any project under the proposed specific plan would grade 3,850 cubic yards of soils on
three days per year. However, the Draft EIR includes Mitigation Measure AQ -9 that requires projects on
parcels that are one acre or larger to provide modeling of the regional and the localized emissions (NOx,
CO, PMio, and PM2.5) associated with the maximum daily grading activities for the proposed development.
If the modeling shows that emissions would exceed the SCAQMD's significance thresholds for those
emissions, the maximum daily grading activities of the proposed development shall be limited to the extent
that could occur without resulting in emissions in excess of SCAQMD's significance thresholds for those
emissions. This includes compliance with SCAQMD Rule 403 (e) as required.
Comment A3-11: The comment states that since the proposed project would include demolition, asbestos
may be encountered during demolition. As such, SCAQMD staff recommends that the Lead Agency include
a discussion to demonstrate compliance with SCAQMD Rule 1403.
Response A3-11: The Draft EIR Appendix A, Initial Study (page 52) includes a discussion of the potential
of buildings within the Specific Plan to contain asbestos containing materials. It states that SCAQMD Rule
1403 (Asbestos Emissions from Demolition/Renovation Activities) requires work practices that limit asbestos
emissions from building demolition and renovation activities. Rule 1403 requires surveys of any facility
being demolished or renovated for the presence of all friable and Class I and Class II non -friable asbestos
containing materials. Rule 1403 also establishes notification procedures, removal procedures, handling
operations, and warning label requirements, including HEPA filtration, the glove bag method, wetting, and
some methods of dry removal that must be implemented when disturbing appreciable amounts of asbestos
containing materials (more than 100 square feet of surface area). Thus, the EIR contains the information
requested by this comment.
City of Tustin 2-25
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
This page intentionally left blank.
City of Tustin 2-26
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
LETTER A4 — Orange County Airport Land Use Commission (1 page)
AIRPORT LAND USE COMMISSION
GRANGE COUNTY
FOR ORANGE COUNTY
.4LUG 3160 Airway Avenue • Costa Mesa, California 92626 - 949.252.5170 fax: 949.252.6012
March 29, 2018
Dana Ogdon, Assistant Director
City of Tustin
Community Development Department
300 Centennial Way
Tustin, CA 92780
Subject: Notice of Availability of a DEIR for the Downtown Commercial Core Specific
Plan
Dear Mr. Ogdon:
Thank you for the opportunity to review the Draft Environmental Impact Report (DEIR) for the
proposed Downtown Commercial Core Specific Plan. The proposed project is not located within
the Notification Area (Airport Planning Area) for John Wayne Airport (JWA). Therefore, the
Airport Land Use Commission (ALUC) for Orange County has no comment on the DEIR related
to land use, noise or safety compatibility with the Airport Environs Land Llse Plat (AELUP) for
JWA.
Although the proposed development is located outside of the Airport Planning Area, please be
aware that development proposals which include the construction or alteration of a structure more
than 200 feet above ground level, require filing with the Federal Aviation Administration (FAA).
Structures meeting this threshold must comply with procedures provided by Federal and State
law, with the referral requirements of ALUC, and with all conditions of approval imposed or
recommended by the FAA and ALUC including filing a Notice of Proposed Construction or
Alteration (FAA Form 7460-1). f, r
The proposed project does not include the development of heliports or helistops. For your
information, should the development of heliports occur within your jurisdiction, proposals to
develop new heliports must be submitted through the City to the ALUC for review and action
pursuant to Public Utilities Code Section 21661.5. Proposed heliport projects must comply fully
with the state permit procedure provided by law and with all conditions of approval imposed or
recommended by FAA, by the ALUC for Orange County and by Caltrans/Division of
Aeronautics.
Thank you again for the opportunity to comment on this DEIR. Please contact Lea Choum at
(949) 252-5123 or via email at Ichoum(@,ocair.com
ocair.com should you have any questions related to the
Airport Land Use Commission for Orange County.
Sincerely,
d"
Kari A. Rigoni
Executive Officer
A4-1
City of Tustin 2-27
Final EIR
May 2018
Downtown Commercial Core Specific Plan
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City of Tustin
Final EIR
May 2018
to Comments
2-28
Downtown Commercial Core Specific Plan 2. Response to Comments
Response to Comment Letter A4 — Orange County Airport Land Use Commission, dated March 29,
2018.
Comment A4-1: This commenter states that the Airport Land Use Commission for Orange County has no
comment on the Draft EIR. The commenter also provides information for future structures that would be 200
feet above ground level and for future projects that may include the development of heliports.
Response A4-1: Thank you for your comment. The proposed Specific Plan does not propose, and would
not permit, structures more than 200 feet above ground level or heliports or helistops in the Downtown
area of Tustin.
City of Tustin 2-29
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2, Response to Comments
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City of Tustin 2-30
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
LETTER A5: California Department of Transportation (3 pages)
STATE 0F=FQRNtA-C—M )QA STATE M&A113MI&I oAlj&Y
akt1YM t flow>rer
DEPARTMENT OF TRANSPORTATION
DISTRICT 12
1750 EAST FoC1R111 STREET, sum too
SANTAANA. CA92705 1fa4iKCa0
urnabw
PHONE (6M 32&6263 a CdOVA* way e/4.
FAX (637) 323510
T1Y 711
www.dot a.iPY
April 2, 2018
Darla Ogdon
File: IGR/CEQA
City of Tustin
SCH: #2016081004
300 Centennial way
12 -ORA -7018-00811
Tustin, CA 92680
1-5; PM 29.797
SR 55; PM 10.793
Dear Mr. Ogdon,
Thank you for including the California Department of Transportation (Caltrans) in the review of the
Draft Environmental Impact Report (DEIR) for the proposed Downtown Commercial Core Specific
Plan which borders the Interstate 5 (I-5) Freeway as well as State Route 55 (SR 55), The mission of
Caltrans is to provide a sate, sustainable, integrated and efficient tramsportWon system to enhance
California's economy and livability.
The proposed Specific Plan establishes the lorrg-term vision and objectives for land use development
and public improvements within Tustin's downtown. The Specific Plan area is divided into six
Developmerit Area (DAs), which generally reflect differences in the character of the built
environment The Specific Plan establishes permitted uses, development standards, and design
criteria regulating site planning, building design, Pte& architectural treatment, landscapin& and
circulation improvements for each of the DAs. The proposed Specific Plan also establishes a
residential housing bank with a maximum of 887 new dwelling units (multifamily and mixed use)
that would be allowed pursuant to a discretionary permit, as required by the City's municipal code. In
addition to the residential, the proposed Specific Plan would provide for approximately 300,000
square fed of non-residential (commet 191/office) space to be developed within the Specific Plan
area.
The 220 -acre Specific Plan area is generally located northeast of the I-5 at the SR 55 interchange;
and is centered around the intersection of Main Street and EI Camino Real. The Specific Plan area is
generally bounded by 1-5 to the south and SR 55 to the west. First Street generally defines the
northern edge and includes parcels along the troth side of First Stree. Newport Avenue and parcels
along the east side ofNewport Avenue generally define the eastern boundary.
Interstate 5 and State Route 55 are overseen by Caltrans. Caltrans is the responsible agency and has
the following comments:
to aw kwe Caly6►wta h eeasmW OWIs w6Aty"
A5-1
City of Tustin 2-31
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
City of Tustin
April 2, 2018
Page 2
System Planning Comments:
Explore the potential of establishing a city-wide multimodal transportation fee to fund non -
auto infrastructure improvement projects. A fee program as such would support the
management of vehicular trip demand.
o The City may want to take into consideration ongoing efforts with the Red Hill. Avenue
Specific Plan. The Traffic Impact Study of the Red Hill Avenue Specific flan suggests
that funding mechanisms can be implemented to fund improvements for new
developments. Therefore, the City may want to consider the possibility of funding
programs that could benefit both of these Specific Plans. Additionally, Policy 6.14 in the
City's General Plan Circulation Element (2008) supports the notion of using funds from
new developments to construct bicycle and pedestrian facilities.
A5-2
2. Please explore a potential partnership with Caltrans to provide, or dedicate spaces in an
existing lot, to create a park and ride facility within or adjacent to the project area. A park and A5-3
ride lot would support Caltrans' initiative to create a network of managed lanes facilities.
Policy 5.1 of the City's Circulation Element (2008) supports the development of park-and-
ride lots near the SR -55 and 1-5 freeways.
3. Based on the intentions of this project, the City may want to eider Community Based
Transit/Circulators, which may help relieve congestion and increase connectivity in the
Project area. For this, we would recommend coordination with OCTA. Additionally, Project A5-4
V in OCTA's OC Go program may be of interest regarding funding for the transit/circulator.
The City should also consider a possible connection between this Specific Plan and the Red
Hill Avenue Specific Plan.
4. Please consider the designation of vehicle parking spaces developed within the Specific Plan
area to be EV ready in order to encourage EV use and appropriately sued electrical panels to
accommodate Rtturc expanded EV use. A voluntary ride sharing program could be achieved A5-5
through a multifaceted approach, such as designating a certain percentage of parking spaces
for ride -sharing vehicles.
5. Future development documents that fall within the project area should be circulated to ( A5-6Caltrans for review and concurrence.
6. We also encourage the City to develop Travel Demand Management (TDM) policies to
- encourage smart mobility and the use of nearby OCTA Bus Routes 71, 79, and 79A. To
reduce regional VMT and traffic impacts to the State Highway System please consider
requiring future dovebpment to adopt Ow TDM options listed below:
o Project design to encourage walking, bicycling, and convenient transit access;
o Dedicate carpool parking spaces;
o Allocate space for bicycle parking;
o Form of a Transportation Management Association (TMA) in partnership with other
developments in the area;
"Pro�ideoagkro�Molooble, iMq►oreawf+rOrefeWsa"orltippw+�om
b enl'wwc Cdg6roio'r !h' ariaMa8fluy"
City of Tustin
Final EIR
May 2018
A5-7
2-32
Downtown Commercial Core Specific Plan 2. Response to Comments
City of Tustin
April 2, 2018
Page 3
o Adopt an aggressive trip reduction target with Lead Agency monitoring and enforcement;
o Reduce headway times for adjacent transit routes; and A5-7
o Provide and/or subsidize transit passes for employees and residents on a continuing basis. cont.
Active Transportation Comments:
A Class II bike lane along First Street is consistent with the City of Tustin's Master Bikeway
Plan (2005), which identifies the street as a possible Class II route. Additionally, according to
the Specific Plan, these bike facilities on First Street, as well as the planned facility along
Main Street, will be connected to an existing Class I bike path on Newport Avenue, thus
increasing connectivity.
a To increase regional connectivity, the City may consider connecting the bike facilities
in the Specific Plan to the Tustin Metrolink station and to bike facility improvements
outlined in the Red Hill Avenue Specific Plan.
A5-8
8. There are schools located adjacent to the project area, and measures should be implemented
to ensure the safety of students and connectivity throughout the Specific Plan and regionally. I A5-9
9. Ramps and other measures (i.e., truncated domes, sidewalk widths, etc.) shall be constructed
or updated at all intersections in the project area to adhere to the Americans with Disabilities I A5-10
Act standards. Policy 6.3 of the City's Circulation Element (2008) supports this notion.
Water Quality
10. At this time, the Draft EIR does not contain analysis for Water Quality. The draft EIR should
include some type of water quality analysis to ensure that the proposed project will address
water quality impacts (i.e. comply with local MS4 Permit, Construction General Permit/ A5-11
NPDES Permit). This project is located upstream from Caltrans' I-5 Right of Way and should
identify proposed measures to address water quality impacts created by the project.
Please continue to coordinate with Caltrans for any future developments that could potentially impact
State transportation facilities. If you have any questions, please do not hesitate to contact Julie
Lugaro at 657-328-6368 or Julie.lugaro@dot.ca.gov.
Sincerely,
I ' kl
MARLON REGISFOR
Branch Chief, Regional-IGR-Transit Planning
District 12
"Provide a safe, sustainable, integrated and efficient lrcaupartation system
to enhance California's economy and livability"
City of Tustin 2-33
Final EIR
May 2018
Downtown Commercial Core Specific Plan
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City of Tustin
Final EIR
May 2018
2. Response to Comments
2-34
Downtown Commercial Core Speck Plan 2, Response to Comments
Response to Comment Letter A5 — California Department of Transportation, dated April 2, 2018.
Comment A5-1: The comment provides thanks for review of the Draft EIR that borders two Caltrans
facilities. The comment also provides a summary of the proposed Specific Plan.
Response A5-1: The comment is introductory in nature and does not provide any specific concerns related
to physical environmental impacts that could result from implementation of the proposed Specific Plan or
otherwise comment on the content of the Draft EIR. Therefore, no further response is required or provided.
Comment A5-2: The comment states that the City should explore the potential of establishing a citywide
multimodal transportation fee to fund non -auto infrastructure. The comment suggests this could be included
in the Red Hill Avenue Specific Plan, and notes that the City's Circulation Element supports the concept.
Response A5-2: Establishment of Citywide funding measures is beyond the scope of the proposed
Downtown Commercial Core Specific Plan. The comment does not provide any specific concerns related to
physical environmental impacts that could result from implementation of the proposed Specific Plan or
otherwise comment on the content of the Draft EIR. The recommendation will be forwarded to the City's
decisionmakers for consideration.
Comment A5-3: The comment asks the City to explore a partnership with the Caltrans to create a park
and ride facility within or adjacent to the project area, which would support Caltrans's initiative in Policy
5.1 of the City's Circulation Element.
Response A5-3: The comment does not provide any specific concerns related to physical environmental
impacts that could result from implementation of the proposed Specific Plan or otherwise comment on the
content of the Draft EIR. The request will be forwarded to the City's decisionmakers for consideration.
Comment A54: The comment suggests that the City may want to consider Community Based
Transit/Circulotors and to coordinate with OCTA for funding.
Response A54: Transit funding is beyond the scope of the proposed Specific Plan. The comment does not
provide any specific concerns related to physical environmental impacts that could result from
implementation of the proposed Specific Plan or otherwise comment on the content of the Draft EIR. The
request will be forwarded to the City's decisionmakers for consideration.
Comment AS -5: The comment suggests designation of vehicle parking for EV and provision of appropriate
electrical panels to support future EV usage. The comment also states a voluntary ride sharing program
could be achieved by provision of rideshare vehicle parking.
Response A5-5: The Specific Plan does not propose any specific development projects which could
address this comment, but provides for future infill and redevelopment within the Specific Plan area to
accommodate a variety of land uses. The comment does not provide any specific concerns related to
physical environmental impacts that could result from implementation of the proposed Specific Plan or
otherwise comment on the content of the Draft EIR. The suggestion will be forwarded to the City's
decisionmakers for consideration during review of specific developments within the project area.
Comment A5-6: The comment states that future development documents should be circulated to Caltrans.
Response A5-6: Future proposed developments that require CEQA documentation, such as a Mitigated
Negative Declaration, will be forwarded to Caltrans for review and comment. The comment does not
provide any specific concerns related to physical environmental impacts that could result from
implementation of the proposed Specific Plan or otherwise comment on the content of the Draft EIR.
Therefore, no further response is required or provided.
City of Tustin 2-35
Final EIR
May 2018
Downtown Commercial Core Speck Plan 2, Response to Comments
Comment A5-7: The comment encourages the City to develop Travel Demand Management (TDM) policies
to encourage smart mobility and encourage the use of nearby OCTA bus routes.
Response A5-7: Policy development related to TDM is beyond the scope of the proposed Specific Plan.
The comment does not provide any specific concerns related to physical environmental impacts that could
result from implementation of the proposed Specific Plan or otherwise comment on the content of the Draft
EIR. The suggestion will be forwarded to the City's decisionmakers for consideration.
Comment A5-8: The comment suggests connecting the bicycle facilities in the Specific Plan to the Tustin
Metrolink station and to the bike facilities outlined in the Red Hill Specific Plan.
Response A5-8: The comment suggests extension of bicycle facilities beyond those planned in the Specific
Plan and does not provide any specific concerns related to physical environmental impacts that could result
from implementation of the proposed Specific Plan or otherwise comment on the content of the Draft EIR.
The request will be forwarded to the City's decisionmakers for consideration.
Comment A5-9: The commenter suggest that measures should be implemented to ensure school safety of
students and connectivity throughout the Specific Plan and regionally.
Response A5-9: There are no public schools within the Specific Plan planning area. The comment does not
provide any specific concerns related to physical environmental impacts that could result from
implementation of the proposed Specific Plan or otherwise comment on the content of the Draft EIR.
Comment A5-10: Comment requests that all ramps and measures at intersections constructed or updated
in the City adhere to the American's with Disabilities Act and notes that this is supported by the City's
Circulation Element.
Response A5-10: All public improvements and new development projects will be required to adhere to
the American's with Disabilities Act, which is verified by the City's Building Division prior to approval of
building permits. The comment does not provide any specific concerns related to physical environmental
impacts that could result from implementation of the proposed Specific Plan or otherwise comment on the
content of the Draft EIR.
Comment A5-11: The comment states that water quality is not addressed in the Draft EIR and that the EIR
should include water quality analysis.
Response A5-11: A discussion of potential impacts to water quality and hydrology are provided in the
Initial Study for the proposed project, on pages 55 through 57, which is provided as Appendix A of the
Draft EIR. In addition, Draft EIR Section 5.1 1, Utilities and Service Systems, on page 5.1 1-1, describes that
the Orange County Drainage Area Management Plan (DAMP) is the primary stormwater control regulation
for development projects. The DAMP requires implementation of Water Quality Management Plans based
on the anticipated pollutants that could result from individual projects. Each future development project
would be required to provide onsite stormwater drainage features, such as catch basins, that have been
sized to meet the drainage requirements of that particular project. The Orange County DAMP requires
projects to infiltrate, evapotranspire, or biotreat/biofilter the 85th percentile 24-hour storm event. All
future development within the Specific Plan area will be subject to the provisions of the National Pollution
Discharge Elimination System (NPDES) to protect downstream water quality pursuant to the Clean Water
Act and the City implements NPDES requirements through Tustin City Code Article 4 (Health and
Sanitation), Chapter 9 (Water Quality Control). As described in the Initial Study, through implementation of
these existing requirements, as done through the City's permitting process, impacts would be less than
significant.
City of Tustin 2-36
.Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
LETTER Ab: OC Public Works (2 pages)
PublicWorks
Integrity, Accountability, Service, Trust
Shane L. Silsby, Director
•
March 30, 2018 NCL -18-008
Dana Ogdon
City of Tustin
Community Development Department
300 Centennial Way
Tustin, CA 92780
Subject: Draft Program Environmental Impact Report for the Downtown Commercial Core
Specific Plan
Dear Dana Ogdon:
Thank you for the opportunity to comment on the Draft Program Environmental Impact Report
(EIR) for the Downtown Conunercial Core Specific Plan. The County of Orange offers the
following comments for your consideration.
OC Public Works—Environmental Resources
While the formulation of a site specific Water Quality Monitoring Plan (WQMP) is discussed
in the Draft Program EIR, the EIR should note specifically whether or not the project qualifies
as a Priority Development Project under the City's municipal stormwater permit (Board Order
R8-2009-0030) and as further elaborated on in the Technical Guidance Document (TGD), or
instead is a Non -Priority Project which would require preparation of a Non -Priority Water
Quality Project Plat. If the project is designated at a Priority Development Project then the
consideration of water quality approaches should be considered at the earliest phase of the
development and planning process. The Model WQMP
(hup://ocwatersheds.coin/documents/wgmp), which was approved by the Santa Ana Regional
Water Quality Control Board on May 19, 2011, states the following regarding the role of a
conceptual or preliminary WQMP in the CEQA process (Section 7.II; page 7.11 1-1):
For most projects the process will first involve preparing a Conceptual or Prelimintay
6VQA,IP to incorporate Low Lnpact Development (LID) and hydronodification control
BA,fPs where necessary at the earliest conceptual planning stages of a project for early
review. All Priority Projects will require afirral WQMP be prepared, regardless of whether
a Conceptual or Preliminary 1VQMP was prepared first. The process for preparing
Conceptual at- Prelirninmy WQMPs and/or final Project IVQMRs is described in Section
T H05. 0 with supplemental information provided in the TGD.
Since the Specific Plan is a regional scale planning process, consideration should be given to
potential opportunities for regional scale water quality best management practices when
300 N. Flower Street, Santa Ana, CA 92703
P.O. Box 4048, Santa Ana, CA 92702-4048
A6-1
www.ocpvbficworks.com
714.667.8800 1 Info@OCPW.ocgov.com
City of Tustin 2-37
Final EIR
May 2018
Downtown Commercial Core Speck Plan 2. Response to Comments
developing the conceptual or preliminary WQMP for the Downtown Commercial Core
Specific Plan.
If you have any question's regarding these comments, plew, contact Matt Tucker at (714) 955-0,669cont
in Environmental Resources; or Ashley Brodkin at (714) 667.8854 in OC. Development Services.
Sincerely,
trt Ric arci Vuong, Manager, Planning Division
1 UC Public Works Service Area/OC Development Services
300 North Flower Street
Santa Am, California 927024048
cc:
Matt Tucker, OC Public Works _ Environmental Resources
300 N. Fbwar Street, Santa Ana, CA 92703
P.O. Boz 4048, Santa Ana, CA 92702-4048
City of Tustin
Final EIR
May 2018
www•OCVAAOOO *$.Oom
714.667.8840 ( Into4KOCPW.00yov.00rn
2-38
Downtown Commercial Core Specific Plan 2, Response to Comments
Response to Comment Letter A6 — OC Public Works, dated April 2, 2018.
Comment A6-1: The comment states that the EIR should note whether the project qualifies as a Priority
Development Project under the City's municipal stormwater permit, and if so consideration of water quality
approaches should be considered early in the planning and development process. The comment then refers
to the Model WQMP and states that consideration should be given to regional scale best management
practices.
Response A6-1: The Specific Plan does not propose any specific development projects which could
address this comment, but provides a land use plan to accommodate future infill and redevelopment within
the Specific Plan area. It is currently unknown whether future proposed projects in the Specific Plan area
would consist of Priority Development Projects or Non -Priority Projects. However, the Draft EIR Section
5.1 1, Utilities and Service Systems, describes on page 5.1 1-1, that the Orange County Drainage Area
Management Plan (DAMP) requires implementation of Water Quality Management Plans based on the
anticipated pollutants that could result from individual projects. Each future development project will be
subject to the provisions of the National Pollution Discharge Elimination System (NPDES) to protect
downstream water quality pursuant to the Clean Water Act and the City implements NPDES requirements
through Tustin City Code Article 4 (Health and Sanitation), Chapter 9 (Water Quality Control).
City of Tustin 2-39
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
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City of Tustin 2-40
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
LETTER 01 - Gabrieleno Band of Mission Indians — Kizh Nation (1 page)
Ga6rieleno bancl 4 Mission InJians — Kizk Nation
y ' Historically known as The San Ga" Band of Mission Indians
J
recognized 6,9 the State of California as the a6o'i51nal tribe of t6e Los Angeles 6asin
February 20, 2018
Regarding. City of Tustin Downtown Commercial Core Specific plan DEIR
Dear Dana L Ogdon,
This email is in response to the above referenced project located at the northeast intersection of
Interstate 5 and the State Route 55 and is centered around the intersection of Main St. and EI Camino
Real City of Tustin. The project location is within our Ancestral territory which may have potential for
discoveries of our cultural resources, Therefore, we would like to request that one of our Native
Monitors be present during any and all ground disturbances.
Should you have any questions or concerns, please contact our office at 844-390-0787.
Thank you,
Andrew Salas
Chairman, Gabreileno Band of Mission Indians-Kizh Nation
Gab cleno [ and dMi..;— If1di - KA Nation
we6.Ae: w ea"elenoindianaorg
FOE> -z3,93 Cmina,CA y1723 (6z6)y26-413t
emAt ga6rielenoir>J6-09ab—om
01-1
City of Tustin 2.41
Final EIR
May 2018
Downtown Commercial Core Specific Plan
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City of Tustin
Final EIR
May 2018
to Comments
2-42
Downtown Commercial Core Speck Plan 2. Response to Comments
Response to Comment Letter 01 - Gabrieleno Band of Mission Indians — Kitz Nation, dated February
20, 2018.
Comment 01-1: The commenter states that the Specific Plan area is located within Ancestral territory of
the Kitz Nation and may have potential for discoveries of their cultural resources. The commenter requests
that Native monitors be present during any and all ground disturbances.
Response 01-1: Assembly Bill 52 (AB 52; Public Resource Code Section 21080.3.1), established a
requirement under CEQA to consider "tribal cultural values, as well as scientific and archaeological values
when determining impacts and mitigation." Tribal Cultural Resources are defined as "sites, features, places,
cultural landscapes, sacred places, and objects with cultural value to a California Native American Tribe"
that are either included or determined to be eligible for inclusion in the California Register of Historical
Resources or local registers of historical resources.
Public Resources Code § 21074 defines "tribal cultural resources." In brief, in order to be considered a
"tribal cultural resource," a resource must be either:
(1) listed, or determined to be eligible for listing, on the national, state, or local register of historic
resources, or
(2) a resource that the lead agency determines, in its discretion, is a tribal cultural resource.
According to the Technical Advisory on AB 52 and Tribal Cultural Resources in CEQA from Governor's
Office of Planning and Research (July 2017), when a lead agency decides to treat a resource as a tribal
cultural resource, that determination shall be supported with substantial evidence, applying the criteria in
the historical register, and considering the significance of the resource to a California Native American
Tribe. (PRC § 5024.1, PRC § 21074). Because the statute gives lead agencies discretion regarding how to
treat non -listed resources, evidence of a fair argument is insufficient by itself to compel a lead agency to
treat it as a tribal cultural resource if the lead agency determines otherwise. (Berkeley Hillside Preservation
Y. City of Berkeley (2015) 60 Cal. 4th 1086, 1117 ("`the fair argument standard does not govern ...' an
agency's determination of whether a building qualifies as a `historical resource"') (quoting Valley Advocates
Y. City of Fresno (2008) 160 Cal.App.4th 1039, 1072).)
As discussed on Draft EIR page 5.10-4, Section 5.10, Tribal Cultural Resources, the City of Tustin met with
the Gabrieleno Band of Mission Indians — Kizh Nation and an AB 52 consultation meeting was held on
October 11, 2017. The representatives generally stated the importance of the historic EI Camino Real,
which was a footpath and used by Native Californians as a traditional pathway and trade route. No
tribal cultural places or. Tribal Cultural Resources, including the actual location of the historic EI Camino Real
were geographically identified within the Specific Plan area during the consultation.
Although no Tribal Cultural Resources were identified in the Specific Plan area through record searches
and the tribal consultation, the Draft EIR stated that development and redevelopment projects pursuant to
the Specific Plan could involve grading and excavation to greater depths than previously undertaken that
could disturb unknown buried Tribal Cultural Resources, including shells, funerary objects, and human
remains due to pervious use of the area as a traditional trade route. Thus, Mitigation Measure CUL -1
would reduce the potential for Tribal Cultural Resources to be impacted during earthmoving activities and
provides for management of any identified resources.
With implementation of Mitigation Measure CUL -1, impacts related to a substantial adverse change in the
significance of a tribal cultural resource were considered to be less than significant in the Draft EIR.
Mr. Salas' comment on the Draft EIR requests that Native monitors be present during "any and all ground
disturbances" because the "project location is within our Ancestral territory which may have potential for
I Public Resources Code § 21080 (e)(1) states " ... substantial evidence includes fact, a reasonable assumption
predicated upon fact, or expert opinion supported by fact."
City of Tustin 2-43
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
discoveries of our cultural resources." Much, if not all, of Orange County and portions of LA County are
considered to be within the Ancestral territory by the Kitz Nation. The oral information provided at the AB
52 consultation and the letter submitted by the Kitz Nation in response to Draft EIR do not constitute
substantial evidence that the project may cause a substantial adverse change to tribal cultural resources
and that all ground disturbances in the Specific Plan area require full-time Native monitoring. As discussed,
the City's determination that additional mitigation is needed must be supported with substantial evidence.
Evidence of a fair argument is insufficient by itself to compel a lead agency to treat it as a tribal cultural
resource if the lead agency determines otherwise, as the City of Tustin did in the Draft EIR.
Mitigation Measure CUL -1 has been revised to ensure that the Kitz Nation is notified when potential tribal
cultural resources or objects with cultural value to Tribe are encountered. Changes made to the Draft EIR
are identified here in strikeout text to indicate deletions and in underlined text to signify additions.
Mitigation Measure CUL -1: Prior to issuance of a grading permit for grading of 2 feet or more in
depth below the natural or existing grade, the applicant/developer shall provide written
evidence to the City Planning Division that a qualified archaeologist has been retained by the
applicant/developer to respond on an as -needed basis to address unanticipated archaeological
discoveries and any archaeological requirements (e.g., conditions of approval) that are applicable
to the project. The applicant/developer is encouraged to conduct a field meeting prior to the start
of construction activity with all construction supervisors to train staff to identify potential
archaeological resources. In the event that archaeological materials are encountered during
ground -disturbing activities, work in the immediate vicinity of the resource shall cease until a
qualified archaeologist has assessed the discovery and appropriate treatment pursuant to CEQA
Guidelines Section 15064.5 is determined.
If discovered archaeological resources are found to be significant, the archaeologist shall
determine, in consultation with the City and any local Native American groups expressing interest
following notification by the City, appropriate avoidance measures or other appropriate
mitigation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the
preferred means to avoid impacts to archaeological resources qualifying as historical resources.
Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that confirmed
resources cannot be avoided, the qualified archaeologist shall develop additional treatment
measures, such as data recovery, reburial/relocation, deposit at a local museum that accepts such
resources or other appropriate measures, in consultation with the implementing agency and any
local Native American representatives expressing interest in prehistoric or tribal resources. If an
archaeological site does not qualify as an historical resource but meets the criteria for a unique
archaeological resource as defined in Section 21083.2, then the site shall be treated in
accordance with the provisions of Section 21083.2.
If discovered materials are found not to be sianificant archaeoloaical resources. but may be
considered a Tribal Cultural Resource or objects with cultural value to a California Native
American tribe, the archeologist shall contact representatives of Gabrielen"o Band of Mission
Indians — Kizh Nation to assess the discovery and develop appropriate avoidance measures, data
recovery, reburial/relocation, or other appropriate mitigation.
Please see Chapter 3, Revisions to the Draft EIR, herein.
City of Tustin 2-44
Final EIR
May 2018
Downtown Commercial Core Speck Plan
LETTER 02 — Saddleback Chapel Mortuary (4 pages)
March 27, 2018
Dana L. Ogdon, ACCP
City of Tustin Community Development
300 Centem al Way
Tustin, CA 92780
2. Response to Comments
Saddleback Chapel was founded over 50 years ago by a group of 12 local
businessmen and, unlike: other local mortuaries which have sold out to major
conglomerates, Saddleback is still locally owned and operated by the descendants
of those original founding families. We proudly embody a deep sense of history
and continuity here, as Saddleback Chapel sits on property that was directly
purchased from the estate of Samuel Tustin.
Throughout our history, we have been active supporters and sponsors of countless
local civic organizations and events, the localpolice department, historical
society, senior citizens organizations, churches; Broadway in the Parr, and the high
school drunk driving program "Every 15 Minutes," just to name a few. Every
month, hundreds of people come to downtown Tustin to attend services at our
facility, many of whom have never been to Tustin or ever had a previous reason to
visit our city. Visitors to our mortuary have a myriad of needs, and we
enthusiastically promote and direct them to our fellow merchants and local
amenities. If they are hungry, we point out our restaurants; if they need flowers, a
new shirt, a haircut,, shoes repaired, a place to entertain their kids for an hour, or a
bar, we make local recommendations. Galaxy Automotive maintains our fleet of
vehicles. We have scrupulously maintained our facility and its landscaping to
ensure that we present an attractive visage and remain an asset to Tustin, And,
since our facade was used in a recent city water conservation mailing, we must be
City of Tustin
Final EIR
May 2018
02-1
2-45
Downtown Commercial Core Speck Plan 2. Response to Comments
doing something right! In short, we have been good neighbors for over 50 years
and hope to continue as such for many more.
I know the City has conducted workshops regarding downtown Tustin, but it was
only recently brought to our attention that the plans which the City intends to
implement will create a serious detriment to our ability to conduct our business.
We have always maintained one entrance and one exit onto Main Street, and the
striping in our parking lot not only maximizes our available space, but it enables
cars to be lined up for processions to the cemetery. Our unique layout also affords
visitors the ability to leave a service early without being "boxed in." We have
established a safe, orderly pattern of movement of cars entering and leaving our
premises, all while maintaining a fire lane and handicap access. Vehicles are able
to freely turn either east or west onto Main Street, depending upon their
destinations, Our system works.
Unfortunately, the planned improvements in front of the mortuary will cripple our
current ingress and egress. The proposed median strip will render it impossible to
tum left onto Main Street from our property, and it is neither safe nor logistically
feasible to properly serve our families under this proposed plan. It has currently
reached the point that, on any given afternoon, westbound traffic on Main Street is
backed up all the way to Centennial; I fail to see how a median strip and a
narrower street will do anything but exacerbate this. The "improvements" to El
Camino Real, have already pushed auto traffic onto B Street, 61 St and Prospect,
and the new housing development on 61 St. will only add to this congestion.
Clogging the traffic flow and forcing vehicles onto other arterials will not entice
visitors to downtown enterprises -it will only frustrate and discourage them from
venturing here at all.
02-1
cont.
02-2
City of Tustin 2-46
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
In the course of a typical business day at Saddleback Chapel many, if not most, of
the vehicles leaving the property are headed west, destined to the coroner,
churches, hospitals, cemeteries, the county health department, as well as to the
very downtown businesses the city is trying to help, The existence of a median
strip would force our traffic to turn right and head east toward Centennial and then
north, and then west. This is not only inconvenient, but time consuming and
annoying. So too, while our employees may be familiar with the nuances of the
neighborhood, most of our visitors: are not. The need to explain or direct them to
navigate this nuisance poses an unnecessary and unwelcome obstacle to already
stressed, emotional and distracted drivers. Another concern of ours is that the
median will prevent traffic approaching from the west the ability to tum left into
the public parking lot on the north side of Main. When our parking lot is full, it is
our practice to place orange cones across our entrance to keep vehicles from
crowding the lot and obstructing the fire lane. This requires the drivers to either
park on the street or tum left into the public parking lot. The new configuration
reduces the available on -street parking in front of the mortuary, and it prevents
vehicles from turning into the lot across the street. Thus, we, will have drivers
driving around in circles trying to find a place to park, often in the dark of night.
Will U-turns be allowed or even possible at the library and at Centennial? And is
Centennial truly engineered and capable of absorbing this onslaught of new traffic?
We have a bronze plaque near our enhance which bears a famous quote by William
Gladstone. It reads, "Show me the manner in which a nation or a community cares
for its dead and I will measure with mathematical exactness the tender sympathies
of its people, their respect for the laws of the land and their loyalty to high.ideals."
We at Saddleback Chapel truly believe in those sentiments, and hope that the city
stewards do as well. Our mission is to be able to minister to families suffering loss
and to serve our community in a productive, cooperative, and compassionate
fashion for many more years to come. We fervently hope that your final
City of Tustin
Final EIR
May 2018
02-2
cont.
02-3
2-47
Downtown Commercial Core Specific Plan 2. Response to Comments
redevelopment plains do not jeopardize our ability to provide that care. TIw* you.
Nmlcy Shumar
Member, Board of Directors
Saddleback Chapel lv m u "
Cc: Doug Stack, Elizabeth Binsack'
City of Tustin 2-48
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Response to Comment Letter 02 — Saddleback Chapel, dated March 27, 2018.
Comment 02-1: The comment provides history of the Saddleback Chapel Mortuary business and the
authors experience in the area, including description of the current site design and access, and concerns
that there may be change that affects the access to the site that would cause an inconvenience to drivers
visiting the business.
Response 02-1: The comment does not pertain to environmental impacts and is not a comment specifically
on the EIR; therefore, no further response is required or provided.
Comment 02-2: The comment asks for clarification on whether U-turns will be allowed at the Tustin Library.
at Centennial Way and Main Street and if Centennial Way has been designed and has sufficient capacity
to accommodate the projected increase in traffic by the DCCSP.
Response 02-2: The proposed Specific Plan does not provide details on how the street would be
redesigned; only conceptual planned improvements. The Tustin Public Works Department will refine the
detail during the design for the improvements.
Comment 02-3: The comment describes the business' mission and values and requests that changes to the
road not impact the business' ability to serve their clientele.
Response 02-3: The comment does not pertain to environmental impacts and is not a comment specifically
on the EIR; therefore, no further response is required or provided.
City of Tustin 2-49
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
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City of Tustin 2-50
Final EIR
May 2018
Downtown Commercial Core Specific Plan
LETTER R1 — Collette Morse (3 pages)
April 2, 2015
LZr. Dana L. Ogdon, AICP
Assistant Director of Con-innuuty Development
City of Tustin
300 Centennial Way
T, istin, CA 92780
dogdon,':-;htstinca.ora
2. Response to Comments
Trarsntiitted via En -Lail
Subject: C on-Lments on Do;-,-ntown Commercial Come Specific Plan Draft Program EIR
Dear Nur. Ogdon:
Notice of Availability
Since the beginning of the Do,.wntotwn Commercial Core Specific Plan process in 2014, I have
received mailed notices regarding comnuua tiworl:shops (2011=2016) and the Notice of
Preparation and Scoping Nfeeting in August 2016. However, I did not receive a Notice of
.fie=aiMbilitq of the Draft EIR via USPS, but dict receive a notice of the Planning Commission
he firing on .April 10., 2015 via USPS.
It was fortmiate that I lu;d included my email address on the community workshop sign -in R I -I
sheets, as I received an ernail on February 15, 2015 regarding the Notice of Availability of a
Draft EIR
Ensuing proper notice of residents, business owners, and property o,.w-ners wwiflnin the Specific
Plan and the radius deternvned by the City is iml%iltant for all to have an opportmuty to
participate in the planning and environnwntal process. My address is provided at the end of
this letter. Please confirm nay name and addressare on the City's mailing list for this project and
all fuhire mailings.
General Opposition
I oppose the following clunges with the proposed Specific Plan:
1. General Pian CirL--ulation Element Amendment to be consistent with the proposed
cim-Watton changes resulting from conceptual planned improvements to First Street, R 1-2
Second Street anti n-irdd Street.
City of Tustin 2-51
Final EIR
May 2018
Downtown Commercial Core Specific Plan
Mr. Dirt; L ogaoa. AiCP
AF"l'_, 2018
2. Response to Comments
Page 2
2. The proposed Specific Plan contains planned modifications to First and Main Streets,
which are included in the Master Plan of Arterial Highways (MPAH) administered b
the Orange County Transportation Authority (OCTA) to:
• Reclassify First Street from just east of State Route SS to Nexwport Avenue, from it R1-:
primary (four -lane, divided) arterial to a divided collector (two-lane, divided) tort
arterial_
These proposed changes create traffic impacts that have not been fully analyzed in the Draft
EIR. Additional analysis is necessary and would require a recirculation of the Draft EIR.
General Comments
The Draft ElR has inadequately described the proposed project throughout the entirety of the
document. The proposed Specific Plan includes a number of changes to zoning, height stories,
etc., but these and other items are not identified or discussed in detail. in addition, the analysis
in Section 5.0 inadequately incorporated technical analyses. Key environmental setting and R1-3
analysis, along with tables and exhibits, are only included in the Technical Appendices, and not
in Section 5.0. Thus, the Draft Ell: requires revisions to Section 3.0, Project Description, and all
of Section 5.0, Environmental Impact Analysis, to clearly articulate the changes and the
associated environmental impacts.
Section 5,9, Traffic and Circulation
The analysis in this section does not identify which intersections are signalized and which
R 1-4
intersections are unsignalized. This is necessary to provide context for both the existing
environmental and proposed conditions.
The analysis is in this section does not identify the type of each street;within the Plan area (i.e.,
arterial, collector, residential), the design capacity of each street, or the latest daily volumes RI -5
counts for each street_ This is necessary to protide context for both the existing environmental
and proposed conditions.
Both Main Street and First Street serves as alternative travel routes to Irvine Boulevard. The
reduction in travel lanes on both Main Street and First Street will result in more cut -through
traffic on residential streets or other collector streets both within and outside of the Specific Plan
area.
R !-6
The traffic analysis needs to include a Residential Neighborhood Roadway Segment Analysis to
fully document the new travel patterns that would result from the identified General Plan
Circulation Element changes to Main Street, First Street, Second Street, and Third Street.
City of Tustin
Final EIR
May 2018
2-52
Downtown Commercial Core Specific Plan 2. Response to Comments
bir_ Dma L Ogdmt AICP
ApaZ Z ZM
PaV
This analysis should include streets that would be impacted by the proposed Specific Plan bothI R1$
within and outside the Plan area_ COnL
Longer Turn Delays
I reside on North C Street, which includes a stop sign at First Street. I presently experience
delays turning Heft onto First Street that can range up to several minutes. These lengthy delay
occur throughout the day (AM, Mid -Dap, and PhI peal, hours). Residential streets off First R1-7
Street cull experience in an increase in time it tallies to make left turns onto Fust Street with the
proposed modifications to First Street. These changes will result in significant delays,
particularly for unsignalized (stop -controlled) intersections.
Appendix E, Traffic Study
Aprendix A, Traffic Count Worksheets
The worksheets for Intersection No. 5, 7, 8, 9, 10, and 11 along First Street show no Pedestrian -
Bike e Crossings, Pedestrian Crossings, or Bicycle Crossings during the identified AM or PAI
}Teak hour. First Street is well -utilized by both pedestrians and bicyclists throughout the day. R1-8
The counts are %%,Tong and completely understate the existing environment. New counts should
be taken to provide an accurate baseline for impact analysis.
Conclusion
The Draft EIR has not adequately described the proposed Specific Plan or the environmental
impacts associated with its implementation Thus, the Draft EIR must be revised and R1-9
recirculated for public review to ensure sufficient details and analysis are provided prior to any
decision by the Plam-ting Commission or City Council.
Sincerely,
Ok&&V?0�
Collette L Morse
145 N C Street
Tustin, CA 92780
City of Tustin 2-53
Final EIR
May 2018
Downtown Commercial Core Speck Plan 2, Response to Comments
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City of Tustin 2-54
Final EIR
May 2018
Downtown Commercial Core Specific Plan 2. Response to Comments
Response to Comment Letter R1 - Collette Morse, dated April 2, 2018
Comment R1-1: The comment states that mailed notices were received regarding the community
workshops, Notice of Preparation, and Scoping Meeting; but no mailed notice regarding the Draft EIR was
received. Instead an email regarding the Notice of Availability was received. The comment also states that
Ensuring proper notice of the public is important for all to have an opportunity to participate in the
planning and environmental process. Further, the comment requests confirmation that the commenter's name
and address is on the City's mailing list.
Response R1-1: The Notice of Availability (NOA) for the Draft EIR was sent to all interested persons,
including those who attended and provided contact information at the Specific Plan Workshops. In
addition, the NOA was published in the Tustin News. It was the intent of the City to communicate to all
property owners and interested persons that the Draft EIR was available for review and comment. The
comment does not provide any specific concerns related to physical environmental impacts that could result
from implementation of the proposed Specific Plan or otherwise comment on the content of the Draft EIR.
Therefore, no further response is required or provided.
Comment, R1-2: The comment expresses opposition to the General Plan Circulation Element Planned
Improvements to First, Second, and Third Streets; and to the OCTA improvement that would reclassify First
Street from just east of State Route (SR) 55 to Newport Avenue, from a primary (four -lane, divided)
arterial to a divided collector (two-lane, divided) arterial. The comment asserts that these changes would
result in impacts not evaluated in the EIR.
Response R1-2: The proposed Specific Plan would not result in impacts that were not evaluated in the EIR.
The following responses provide detail pursuant to specific concerns raised by the commenter.
Comment R1-3: The comment states that Draft EIR has inadequately described the changes to zoning,
height, stories, etc., but these and other items are not identified or discussed in detail. In addition, the
comment states that the analysis in Section 5.0 inadequately incorporated technical analyses, that are only
included in the Technical Appendices, and not in Section 5.0.
Response R1-3: The changes to the number of stories of buildings is described in Section 5.1.6
Environmental Impacts of the Aesthetics Draft EIR Section. As detailed, the Specific Plan provides design
criteria for each Development Area (DA). For example, it is described that vertical residential mixed use
would be allowed up to three stories high along First Street and Irvine Boulevard. Vertical or horizontal
mixed use would be allowed up to three stories high along Centennial Way and Holt Avenue, with up to
four stories high within the interior of the parcels (see the development standards in Table 3.2). In addition,
CEQA Guidelines Section 15147 provides that information contained in an EIR include summarized
technical data, and states that the technical studies be made readily available for review, which has been
done for the Draft EIR.
Comment R14: The comment states that the analysis in the Traffic and Circulation section of the Draft EIR
does not identify which intersections are signalized and which intersections are unsignalized. This is
necessary to provide context for both the existing environmental and proposed conditions.
Response R14: The type of intersection control, such as by traffic signal or by stop sign, is provided in the
proposed Specific Plan's Traffic Study. For example, in Draft EIR Appendix E, the Traffic Study page A.2
provides a summary of conditions for Intersection 1, Tustin at 4th Street, including that the intersection
control type is a traffic signal. The corresponding information for each study area intersection is likewise
provided in this same appendix.
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Downtown Commercial Core Specific Plan 2. Response to Comments
Comment R1-5: The comment states that the Traffic and Circulation section of the Draft EIR does not
identify the type of each street within the Plan area (i.e., arterial, collector, residential), the design
capacity of each street, or the latest daily volumes counts for each street. The comment asserts that this
information is necessary to provide context for both the existing environmental and proposed conditions.
Response R1-5: The Draft EIR Section 5.9, Traffic and Circulation, includes the information relevant to
determination of significant impacts based on the established criteria of the City of Tustin, Caltrans, and
the County of Orange Congestion Management Program. Additional information referenced in the
comment not related to the determination of an impact can be found throughout the Draft EIR and the
technical appendices. For example, information regarding the types of streets within the Specific Plan area
as it relates to the proposed Specific Plan is discussed in Draft EIR Chapter 3, Project Description, where
the reclassification of First Street and Main Street from a Primary Arterial to,a Divided Collector roadway
is presented. Additional technical information, such as roadway lane capacities and current and forecast
daily traffic volumes for each roadway in the study area, is provided in the proposed Specific Plan's
Traffic Study, provided as Appendix E of the Draft EIR.
Comment R1-6: The comment states that Main Street and First Street serves as alternative travel routes to
Irvine Boulevard. The comment asserts that a reduction in travel lanes on both Main Street and First Street
will result in more cut -through traffic on residential streets or other collector streets. The comment further
states that a Residential Neighborhood Roadway Segment Analysis is needed to fully document the new
travel patterns that would result from the identified General Plan Circulation Element changes to Main
Street, First Street, Second Street, and Third Street.
Response R1-6: Main Street is currently built as a two-lane street for all but a short segment near
Newport Avenue where it expands to four -lanes. The proposed change of Main Street to a two-lane
Divided Collector is a change to the roadway's Plan designation only and does not reduce the current
roadway capacity such that cut -through traffic onto other neighborhood streets would be expected to
result. First Street is currently constructed as a four -lane street, but as shown in Draft EIR Table 4.9.1,
Existing Conditions Intersection LOS Summary, the roadway currently operates at LOS A during the a.m.
and p.m. peak hours, which indicates there is currently an excess of capacity along First Street. With the
roadway's change to a two-lane Divided Collector, the Draft EIR Table 4.9-3, Existing plus Project
Intersection Level of Service, shows that First Street would operate at LOS A and B during the a.m. and
p.m. peak hours, which indicates that sufficient capacity will be available and that cut -through traffic onto
other neighborhood streets would not be expected. Also, the Draft EIR Table 4.9-5, Cumulative 2035 plus
Project Intersection Level of Service, shows that First Street would operate at LOS A, B and C during the
a.m. and p.m. peak hours, with the exception of the Prospect Avenue intersection, which is forecast to
operate at LOS D during the p.m. peak hour under long-range 2035 conditions. In each case, the analysis
indicates that sufficient capacity will be available and that cut -through traffic onto other neighborhood
streets would not be expected. The proposed Specific Plan's traffic study, provided as Appendix E of the
Draft EIR, provides a comprehensive analysis of the new traffic patterns that would result from the
proposed changes to the General Plan Circulation Element. Of note, the redesignations to First Street and
Main Street are OCTA approved Master Plan of Arterial Highways designations and are in line with the
same designations within the City of Santa Ana. The Downtown Plan does not provide any details on how
the street will be redesigned; only conceptual improvements. That will be up to the Public Works
Department when it comes time to move forward with a design for the improvements.
Comment R1-7: The comment states that the stop -controlled intersection on North C Street at First Street
experiences delays up to several minutes throughout the day. The comment further asserts that the
proposed modifications at First Street would result in significant delays at stop -controlled intersections.
Response R1-7: It is typical that at intersections such as North C Street at First Street where the side -street
left turns are controlled by a stop sign, side street vehicles will typically experience delay when waiting
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Downtown Commercial Core Specific Plan 2, Response to Comments
for a gap in the cross -street traffic. In contrast, vehicles on the higher volume cross -streets experience no
delay. This is not a significant impact based on CEQA criteria.
Comment R1-8: The comment states that the worksheets for Intersection No. b, 7, 8, 9, 10, and 11 along
First Street show no Pedestrian + Bike Crossings, Pedestrian Crossings, or Bicycle Crossings during the
identified AM or PM peak hour. The comment asserts that First Street is well -utilized by both pedestrians
and bicyclists throughout the day. The comment further asserts that the counts are wrong and completely
understate the existing environment, and that new counts should be taken to provide an accurate baseline
for impact analysis.
Response R1-8: The traffic count worksheets referenced in the comment include a tabulation of motorized
vehicle turning movements only, consistent with the City's impact criteria requirements. Therefore, the data
provided in the worksheets is not wrong as asserted in the comment by not showing pedestrian and bicycle
volumes, rather the data is specific to motorized vehicle traffic only. It is recognized that First Street is well -
utilized by pedestrians and bicyclists, which is consistent with the proposed Specific Plan's intent to provide
a more attractive environment for non -motorized traffic along the First Street corridor. With the
redesigned street corridor, pedestrian circulation would be easier and bike lanes have been provided to
provide for bicycle circulation.
Comment R1-9: The comment is conclusory and claims that the Draft EIR has not adequately described the
proposed Specific Plan or the environmental impacts associated with its implementation. The comment
further asserts that the Draft EIR must be revised and recirculated.
Response R1-9: As described in the previous responses the Draft EIR adequately describes the potential
impacts that would result from the proposed Specific Plan. Thus, the Draft EIR does not require
recirculation.
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Final EIR
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Downtown Commercial Core Specific Plan 2. Response to Comments
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Downtown Commercial Core Speck Plan 3. Revisions to the Draft EIR
3. Revisions to the Draft EIR
This section contains revisions to the Draft EIR based upon: (1) clarifications required to prepare a response
to a specific comment; and/or (2) typographical errors. The provision of these additional mitigation
measures does not alter any impact significance conclusions as disclosed in the Draft EIR. Changes made to
the Draft EIR are identified here in strikeout text to indicate deletions and in underlined text to signify
additions.
3.1 Revisions in Response to Written Comments and City Changes to Text
The following text has been revised in response to comments received on the Draft EIR and corrections
identified by the City.
Chapter 1.0, Executive Summary
Table 1-2, Summary of Impacts, Mitigation Measures, and Level of Significance is revised as follows:
Mitigation Measure CUL -1: Prior to issuance of a grading permit for grading of 2 feet or more in depth
below the natural or existing grade, the applicant/developer shall provide written evidence to the City
Planning Division that a qualified archaeologist has been retained by the applicant/developer to respond
on an as -needed basis to address unanticipated archaeological discoveries and any archaeological
requirements (e.g., conditions of approval) that are applicable to the project. The applicant/developer is
encouraged to conduct a field meeting prior to the start of construction activity with all construction
supervisors to train staff to identify potential archaeological resources. In the event that archaeological
materials are encountered during ground -disturbing activities, work in the immediate vicinity of the
resource shall cease until a qualified archaeologist has assessed the discovery and appropriate treatment
pursuant to CEQA Guidelines Section 15064.5 is determined.
If discovered archaeological resources are found to be significant, the archaeologist shall determine, in
consultation with the City and any local Native American groups expressing interest following notification
by the City, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines
Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to
archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section
15126.4(b)(3)(C), if it is demonstrated that confirmed resources cannot be avoided, the qualified
archaeologist shall develop additional treatment measures, such as data recovery, reburial/relocation,
deposit at a local museum that accepts such resources or other appropriate measures, in consultation with
the implementing agency and any local Native American representatives expressing interest in prehistoric
or tribal resources. If an archaeological site does not qualify as an historical resource but meets the criteria
for a unique archaeological resource as defined in Section 21083.2, then the site shall be treated in
accordance with the provisions of Section 21083.2.
If discovered materials are found not to be significant archaeological resources but may be considered a
Tribal Cultural Resource or objects with cultural value to a California Native American tribe, the
archeologist shall contact representatives of Gabrieleno Band of Mission Indians — Kizh Nation to assess
the discovery and develop appropriate avoidance measures, data recovery, reburial /relocation, or other
appropriate mitigation.
Section 5.3, Cultural Resources
Page 5.3-12, Section 5.3.10, Mitigation Measures, is revised as follows:
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Downtown Commercial Core Specific Plan 3. Revisions to the Draft EIR
Mitigation Measure CUL -1: Prior to issuance of a grading permit for grading of 2 feet or more in depth
below the natural or existing grade, the applicant/developer shall provide written evidence to the City
Planning Division that a qualified archaeologist has been retained by the applicant/developer to respond
on an as -needed basis to address unanticipated archaeological discoveries and any archaeological
requirements (e.g., conditions of approval) that are applicable to the project. The applicant/developer is
encouraged to conduct a field meeting prior to the start of construction activity with all construction
supervisors to train staff to identify potential archaeological resources. In the event that archaeological
materials are encountered during ground -disturbing activities, work in the immediate vicinity of the
resource shall cease until a qualified archaeologist has assessed the discovery and appropriate treatment
pursuant to CEQA Guidelines Section 15064.5 is determined.
If discovered archaeological resources are found to be significant, the archaeologist shall determine, in
consultation with the City and any local Native American groups expressing interest following notification
by the City, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines
Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to
archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section
15126.4(b)(3)(C), if it is demonstrated that confirmed resources cannot be avoided, the qualified
archaeologist shall develop additional treatment measures, such as data recovery, reburial/relocation,
deposit at a local museum that accepts such resources or other appropriate measures, in consultation with
the implementing agency and any local Native American representatives expressing interest in prehistoric
or tribal resources. If an archaeological site does not qualify as an historical resource but meets the criteria
for a unique archaeological resource as defined in Section 21083.2, then the site shall be treated in
accordance with the provisions of Section 21083.2.
If discovered materials are found not to be significant archaeological resources but may be considered a
Tribal Cultural Resource or objects with cultural value to a California Native American tribe, the
archeologist shall contact representatives of Gabriele"no Band of Mission Indians — Kizh Nation to assess
the discovery and develop appropriate avoidance measures, data recovery, reburial /relocation, or other
appropriate mitigation.
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Downtown Commercial Core Specific Plan 4. Mitigation Monitoring and Reporting Program
Chapter 4. Mitigation Monitoring and Reporting
Program
4.1 Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or
carries out a project for which an Environmental Impact Report has been certified which identifies one or
more significant adverse environmental effects and where findings with respect to changes or alterations in
the project have been made, to adopt a "...reporting or monitoring program for the changes to the
project which it has adopted or made a condition of project approval in order to mitigate or avoid
significant effects on the environment' (CEQA, Public Resources Code Sections 21081, 21081.6).
A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation
measures are successfully implemented for the Downtown Commercial Core Specific Plan project (project).
The City of Tustin is the Lead Agency for the project and is responsible for implementation of the MMRP.
This report describes the MMRP for the project and identifies the parties that will be responsible for
monitoring implementation of the individual mitigation measures in the MMRP.
4.2 Mitigation Monitoring and Reporting Program
The MMRP for the project will be active through all phases of the project, including design, construction,
and operation. The project will be developed in phases and may include permits required for
implementation of project components identified in Section 3.8 of the Draft EIR. There are mitigation
measures that must be continuously implemented throughout the development and operation of the project.
The attached table identifies the mitigation program required to be implemented by the City for the Tustin
Downtown Commercial Core Specific Plan project. The table identifies the Standard Conditions; Plan,
Program, Policies (PPPs); and mitigation measures required by the City to mitigate or avoid significant
adverse impacts associated with the implementation of the project, the timing of implementation, and the
responsible party or parties for monitoring compliance.
The MMRP also includes a column that will be used by the compliance monitor (individual responsible for
monitoring compliance) to document when implementation of the measure is completed. As individual Plan,
Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the
MMRP, indicating that the required actions have been completed.
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Downtown Commercial Core Speck Plan 4. Mitigation Monitoring and Reporting Program
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Downtown Commercial Core Specific Plan
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN EIR
4. Mitigation Monitoring and Reporting Program
Standard Condition/ Plan, Program, Policy Mitigation Measure
Timin
Responsible for
Ensuring Compliance
Verification
Date Completed and
Initials
AIR QUALITY _
Plan, Program, or Policy PPP — AQ -1: Development projects shall comply
During Construction
City of Tustin Building
with the following South Coast Air Quality District Rules:
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• Rule 401: Visible Emissions. The project shall not discharge into the
atmosphere from any single source of emission whatsoever any air
contaminant for a period or periods aggregating more than three
minutes in any 1 hour that is as dark or darker in shade as that
designated No. 1 on the Ringelmann Chart, as published by the United
States Bureau of Wines.
• Rule 402: Nuisance. The project shall not discharge from any source
whatsoever such quantities of air contaminants or other material that
cause injury, detriment, nuisance, or annoyance to any considerable
number of persons or to the public, or that endanger the comfort,
repose, health, or safety of any such persons or the public, or that
cause, or have a natural tendency to cause, injury or damage to
business or property. The provisions of this rule do not apply to odors
emanating from agricultural operations necessary for the growing of
crops or the raising of fowl or animals.
• Rule 403: Fugitive Dust. The project construction contractor shall
implement dust suppression techniques that may include, but are not
limited to, the following:
• Apply nontoxic chemical soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded
areas inactive for 10 days or more).
• Water active sites at least three times daily. Locations where
grading is to occur shall be thoroughly watered prior to
earthmoving.
• Cover all trucks hauling dirt, sand, soil, or other loose materials, or
maintain at least 0.6 meters (2 feet) of freeboard (vertical space
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Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
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between the top of the load and top of the trailer) in accordance
with the requirements of California Vehicle Code Section 23114.
o Reduce traffic speeds on all unpaved roads to 15 miles per hour
(mph) or less.
o Suspend all grading activities when wind speeds (including
instantaneous wind gusts) exceed 25 mph.
o Provide bumper strips or similar best management practices where
vehicles enter and exit the construction site onto paved roads or
wash off trucks and any equipment leaving the site each trip.
o Replant disturbed areas as soon as practical.
o Sweep onsite streets (and offsite streets if silt is carried to adjacent
public thoroughfares) to reduce the amount of particulate matter on
public streets. All sweepers shall be compliant with SCAQMD Rule
1 186.1, Less Polluting Sweepers.
• Rule 481: Spray Coating. The project construction contractor shall not
use or operate any spray painting or spray coating equipment unless
one of the following conditions is met:
o The spray coating equipment is operated inside a control enclosure,
which is approved by the Executive Officer. Any control enclosure
for which an application for permit for new construction, alteration,
or change of ownership or location is submitted after the date of
adoption of this rule shall be exhausted only through filters at a
design face velocity not less than 100 feet per minute nor greater
than 300 feet per minute, or through a water wash system
designed to be equally effective for the purpose of air pollution
control.
o Coatings are applied with high-volume low-pressure, electrostatic
and/or airless spray equipment.
o An alternative method of coating application or control is used
which has effectiveness equal to or greater than the equipment
specified in the rule.
• Rule 1113: Architectural Coatings. The project construction contractor
shall not apply or solicit the application of any architectural coating
within the SCAQMD with VOC content in excess of the values specified
in . a table incorporated in the Rule. A list of low no-VOC paints is
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4. Mfigation Monitoring and Reporting Program
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provided at the following SCAQMD website:
www.agmd.goy/prdas/brochures/paintguide.htmi. All paints will be
applied using either high volume low-pressure spray equipment or by
hand application.
• Rule 1143: Paint Thinners and Solvents. This rule regulates the VOC
content of solvents used during construction. Solvents used during the
construction phase must comply with this rule.
Mitigation Measure AQ -1: Tier 3. The construction plans and specifications
Prior to Grading. or
City of Tustin Building
shall state that project construction that utilizes construction equipment
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greater than 150 horsepower (>150 HP) shall comply with EPA/CARE Tier
3 emissions standards during all construction phases and shall ensure that all
construction equipment be tuned and maintained in accordance with the
manufacturer's specifications.
Mitigation Measure AQ -2: Low VOC. The construction plans and
Prior to Grading or
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specifications shall state that project construction shall utilize "Super-
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Compliant" low VOC paints which have been reformulated to exceed the
regulatory VOC limits put forth by SCAQMD's Rule 1113. Super -Compliant
low VOC paints shall be no more than 10g/L of VOC. Alternatively, the
applicant/developer may utilize valid construction techniques that do not
require the use of architectural coatings.
Mitigation Measure AQ -3: Electricity. The construction plans and
Prior to Grading or
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specifications shall state that contractors shall use the electricity infrastructure
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surrounding the construction site, if available, rather than electrical
generators powered by internal combustion engines. ,
Mitigation Measure AQ -4: Alternative Technology. The construction plans
Prior to Grading or
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and specifications shall state that contractors shall use alternative fueled,
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engine retrofit technology, after -treatment products (e.g., diesel oxidation
catalysts, diesel particulate filters), and/or other options as they become
available, including all off-road and portable diesel -powered equipment.
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Mitigation Measure AQ -5: Equipment Maintenance. Construction plans and
Prior to Grading or
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specifications shall state that construction equipment be maintained in good
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operating condition to reduce emissions. The construction contractor shall
ensure that all construction equipment is being properly serviced and
maintained as per the manufacturer's specification. Maintenance records
shall be available at the construction site for City verification.
Mitigation Measure AQ -6: Construction Vehicle Management Plan. For
Prior to Grading or
City of Tustin Building
projects requiring construction vehicles, construction plans and specifications
Building Permits
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shall state that the applicant/developer and/or building operators shall
prepare and maintain a construction vehicle management plan, to be made
available upon request to the City of Tustin Building Division, denoting the
proposed schedule and projected equipment use. The construction vehicle
management plan shall include, as a minimum: idling time requirements;
requiring hour meters on equipment; documenting the serial number,
horsepower, age, emissions ratings, and fuel of all onsite equipment. The
plan shall state that California state law requires equipment fleets to limit
idling to no more than 5 minutes, and that low emission vehicles will be used.
If low emission mobile construction equipment is not used, construction
contractor shall provide evidence in the construction vehicle management
plan that their use was investigated and found to be infeasible. Contractors
shall also conform to any construction measures imposed by the South Coast
Air Quality Management District as well as the City of Tustin.
Mitigation Measure AQ -7: Energy Usage Calculations. Prior to the issuance
Prior to Building Permit
City of Tustin Building
of building permits for new development projects requiring design review,
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project applicants/developers shall submit plans certifying that the
proposed development is designed to achieve 5 percent efficiency beyond
the 2016 California Building Code Title 24 requirements to the satisfaction
of the City of Tustin Building Division. Example of measures. that reduce
energy consumption include, but are not limited to, the following (it being
understood that the items listed below are not all required and merely
present examples; the list is not all-inclusive and other features that reduce
energy consumption also are acceptable):
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• Increase in insulation such that heat transfer and thermal bridging is
minimized;
• Limit air leakage through the structure and/or within the heating and
cooling distribution system;
• Use of energy-efficient space heating and cooling equipment;
• Installation of electrical hook-ups at loading dock areas;
• Installation of dual -paned or other energy efficient windows;
• Use of interior and exterior energy efficient lighting that exceeds the
2016 California Title 24 Energy Efficiency performance standards;
• Installation of automatic devices to turn off lights where they are not
needed;
• Application of a paint and surface color palette that emphasizes light and
off-white colors that reflect heat away from buildings;
• Design of buildings with "cool roofs" using products certified by the Cool
Roof Rating Council, and/or exposed roof surfaces using light and off-
white colors,
• Design of buildings to accommodate photo -voltaic solar electricity systems
or the installation of photo -voltaic solar electricity systems; and
• Installation of ENERGY STAR -qualified energy-efficient appliances,
heating and cooling systems, office equipment, and/or lighting products.
Mitigation Measure AQ -8: Enhanced Water Conservation. Prior to the
Prior to Building Permit
City of Tustin Building
issuance of building permits for new development projects requiring design
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review, project applicants/developers shall certify that the project is
designed to reduce water usage by a minimum of 30 percent when
compared to baseline water demand (total expected water demand without
implementation of the Water Conservation Strategy). Projects shall also
implement the following:
• Landscaping palette emphasizing drought tolerant plants;
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• Use of water -efficient irrigation techniques; and
• U.S. Environmental Protection Agency (EPA) Certified WaterSense labeled
or equivalent faucets, high -efficiency toilets (HETs), and water -conserving
shower heads.
The above measures reduce water consumption, but it is understood that the
list is not all-inclusive and other features that reduce water consumption also
are acceptable.
Mitigation Measure AQ -9: Localized Emissions. Prior to issuance of a
Prior to Grading Permit
City of Tustin Building
grading permit for new development projects that are one acre or larger,
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the applicant/developer shall provide modeling of the regional and the
localized emissions (NOx, CO, PMio, and PM2s) associated with the
maximum daily grading activities for the proposed development. If the
modeling shows that emissions would exceed the SCAQMD's significance
thresholds for those emissions, the maximum daily grading activities of the
proposed development shall be limited to the extent that could occur without
resulting in emissions in excess of SCAQMD's significance thresholds for those
emissions.
Mitigation Measure AQ -10: Toxic Air Contaminants: Development
Prior to Design Review
City of Tustin Planning
proposals for new -residential and other sensitive land use projects (e.g.,
approval
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nursing homes, day care centers) in the Specific Plan area within 500 feet of
major sources of toxic air contaminants ((e.g., Interstate 5, and roadways
with traffic volumes over 100,000 vehicles per day), as measured from the
property line of the project to the property line of the source/edge of the
nearest travel lane, shall submit a health risk assessment (HRA) to the City of
Tustin Planning Division prior to design review approval. The HRA shall be
prepared in accordance with policies and procedures of the SCAQMD. If
the HRA shows that the incremental cancer risk exceeds ten in one million
(10E-06), PMio concentrations exceed 2.5 pg/m3, PM2.s concentrations
exceed 2.5 pg/M3, or the appropriate noncancer hazard index exceeds
1.0, the project applicant/developer shall be required to submit an HRA
that demonstrates and certifies that mitigation measures are capable of
reducing potential cancer and non -cancer risks to an acceptable level (Le.,
below ten in one million or a hazard index of 1.0), including appropriate
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enforcement mechanisms. Measures to reduce risk may include but are not
limited to:
• Air intakes located away from high volume roadways and/or truck
loading zones; and
• Heating, ventilation, and air conditioning systems of the buildings
provided with appropriately sized maximum efficiency rating value
(MERV) filters (e.g., MERV 12 or better).
• Buffering sensitive uses away from emission sources.
CULTURAL RESOURCES
Plan, Program, or Policy PPP CUL -1: The City of Tustin Cultural Resources
Prior to Design Review
City of Tustin Planning
District Residential/Commercial Design Guidelines shall apply to all projects
approval
Division
within the Specific Plan area.
Plan, Program, or Policy PPP CUL -2: The Certificate of Appropriateness
Prior to Design Review
City of Tustin Planning
process applies to all projects, when appropriate, within the Specific Plan,
approval
Division
as outlined in Tustin City Code, Article 9, Chapter 2, Part 5, Section 9252.
Mitigation Measure CUL -1: Prior to issuance of a grading permit for
Prior to Grading Permit
City of Tustin Planning
grading of 2 feet or more in depth below the natural or existing grade, the
Division
applicant/developer shall provide written evidence to the City Planning
Division that a qualified archaeologist has been retained by the
applicant/developer to respond on an as -needed basis to address
unanticipated archaeological discoveries and any archaeological
requirements (e.g., conditions of approval) that are applicable to the
project. The applicant/developer is encouraged to conduct a field meeting
prior to the start of construction activity with all construction supervisors to
train staff to identify potential archaeological resources. In the event that
archaeological materials are encountered during ground -disturbing
activities, work in the immediate vicinity of the resource shall cease until a
qualified archaeologist has assessed the discovery and appropriate
City of Tustin 4-9
Final EIR
May 2018
Downtown Commercial Core Speck Plan
4. Mitigation Monitoring and Reporting Program
City of Tustin 4-10
Final EIR
May 2018
Responsible for
Ensuring Compliance /
Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Verification
Initials
treatment pursuant to CEQA Guidelines Section 15064.5 is determined.
If discovered archaeological resources are found to be significant, the
archaeologist shall determine, in consultation with the City and any local
Native American groups expressing interest following notification by the
City, appropriate avoidance measures or other appropriate mitigation. Per
CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the
preferred means to avoid impacts to archaeological resources qualifying as
historical resources. Consistent with CEQA Guidelines Section
15126.4(b)(3)(C), if it is demonstrated that confirmed resources cannot be
avoided, the qualified archaeologist shall develop additional treatment
measures, such as data recovery, reburial/relocation, deposit at a local
museum that accepts such resources or other appropriate measures, in
consultation with the implementing agency and any local Native American
representatives expressing interest in prehistoric or tribal resources. If an
archaeological site does not qualify as an historical resource but meets the
criteria for a unique archaeological resource as defined in Section 21083.2,
then the site shall be treated in accordance with the provisions of Section
21083.2.
If discovered materials are found not to be significant archaeological
resources but may be considered a Tribal Cultural Resource or objects with
cultural value to a California Native American tribe, the archeologist shall
contact representatives of Gabriele"no Band of Mission Indians — Kizh Nation
to assess the discovery and develop appropriate avoidance measures, data
recovery, reburial/relocation, or other appropriate mitigation.
GREENHOUSE`GAS EMISSIONS
Plan, Program, or Policy PPP AQ -1: Listed previously under Air Quality During Construction
City of Tustin Building
Division
Mitigation Measure AQ -7: Listed previously under Air Quality Prior to Building Permit
City of Tustin Building
Division
City of Tustin 4-10
Final EIR
May 2018
Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
City of Tustin 4-1 1
Final EIR
May 2018
Responsible for
Ensuring Compliance
Date Completed and
Standard Condition/ Plan, Program, Policy I Mitigation Measure
Timing
Verification
Initials
Mitigation Measure AQ -8: Listed previously under Air Quality
Prior to Building Permit
City of Tustin Building
Division
;N
Plan, Program, or Policy PPP NOW: Development projects are required to
Prior to Building Permit
City of Tustin Building
meet or exceed the 65 dBA CNEL exterior noise level standard, as defined
Division
by Table N-3 of the City of Tustin General Plan Noise Element, and the 45
dBA CNEL interior noise level standard of the City of Tustin General Plan
Noise Element, and by Title 24, Part 2, of the California Building Code.
Plan, Program, or Policy PPP NOI-2: Construction plans shall include a note
Prior to Building Permit
City of Tustin Building
that construction activities shall only occur between the hours of 7-00 a.m.
Division
and 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m.
Saturdays; with no activity allowed on Sundays and Federal holidays unless,
permitted outside of those limitations in the case of urgent necessity or upon
a finding that such approval will not adversely impact adjacent properties
and the health, safety and welfare of the community if a temporary
exception is granted, pursuant to Article 4, Chapter 6, Section 4617 of the
Tustin City Code.
Mitigation Measure NOI-1: Prior to approval of a demolition permit,
Prior to demolition
City of Tustin Building
grading plans, and/or issuance of building permits for construction activities
permit, grading plans,
Division
within 25 feet of existing residential structures or occupied noise sensitive
and/or issuance of
uses that require the use of large bulldozers, large loaded trucks,
building permits for
jackhammers, pile drivers, and/or caisson drills, the City of Tustin Building
construction activities
Division shall ensure that construction plans and specifications state that the
within 25 feet of existing
use of such vibratory equipment shall be prohibited within 25 feet of
residential structures or
existing residential structures or occupied noise sensitive uses. Instead, small
occupied noise sensitive
rubber -fired bulldozers shall be used within this area during demolition
uses.
and/or grading operations to reduce vibration effects. If the use of large
L -bulldozers, large loaded trucks, jackhammers, pile drivers, and/or caisson
City of Tustin 4-1 1
Final EIR
May 2018
Downtown Commercial Core Speck Plan
4. Mitigation Monitoring and Reporting Program
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
drills is necessary within 25 feet of existing residential structures or occupied
noise sensitive uses, a site-specific analysis shall be prepared and submitted
to the City of Tustin demonstrating that construction activity would not result
in vibration at sensitive receptors that is more than the Caltrans thresholds
for annoyance (0.04 in/sec PPV at receiver locations) and damage (per the
Transportation and Construction Vibration Guidance Manual, September
2013, Tables 19 & 20 by building type).
Mitigation Measure NOI-2: Prior to approval of grading plans the City of
Prior to Grading Permit
City of Tustin Building
Tustin Building Division shall ensure that plans include the following measures
Division
to reduce construction related noise:
• Construction contractors shall equip all construction equipment, fixed or
mobile, with properly operating and maintained mufflers, consistent with
manufacturers' standards, and all stationary construction equipment shall
be placed so that emitted noise is directed away from the noise -sensitive
use nearest the construction activity.
• The construction contractor shall locate equipment staging in areas that
will create the greatest distance between construction -related noise
sources and noise -sensitive receiver nearest to the construction activity.
• The construction contractor shall limit haul truck deliveries to the same
hours specified for construction equipment by TCC Article 4, Chapter 6,
Section 4617. The contractor shall design delivery routes to minimize the
exposure of sensitive land uses to delivery truck noise.
• If construction activity within 27 feet of occupied noise sensitive uses is
proposed, the construction contractor shall ensure that construction noise
levels at nearby sensitive land uses do not exceed 85 dBA Leq, and that
construction -related noise level increases are less than 12 dBA Leq above
the existing ambient noise levels, by one or more of the following
methods:
1. Install temporary construction noise barriers within the line of site of
occupied sensitive uses for the duration of construction activities that
could generate noise exceeding 85 dBA Leq. The noise control
City of Tustin 4-12
Final EIR
May 2018
Downtown Commercial Core Specific Plan 4. Mitigation Monitoring and Reporting Program
City of Tustin 4-13
Final EIR
May 2018
Responsible for
Ensuring Compliance /
Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Verification
Initials
barrier(s) must provide a solid face from top to bottom and shall:
a. Provide a minimum transmission loss of 20 dBA and be
constructed with an acoustical blanket (e.g. vinyl acoustic curtains
or quilted blankets) attached to the construction site perimeter
fence or equivalent temporary fence posts;
b. Be maintained and any damage promptly repaired. Gaps,
holes, or weaknesses in the barrier or openings between the
barrier and the ground shall be promptly repaired; and
c. Be removed and the site appropriately restored upon the
conclusion of the construction activity.
2. Install sound dampening mats or blankets to the engine compartments of
heavy mobile equipment (e.g. graders, dozers, heavy trucks). The
dampening materials must be capable of a minimum 5-d BA noise reduction,
must be installed prior to the use of heavy mobile construction equipment,
and must remain installed for the duration of the equipment use.
RECREATION- rtf
Plan, Program, or Policy PPP REC-1: Prior to the approval of the final map
Prior to final map
City of Tustin Planning
for subdivisions under the Specific Plan, applicants shall comply with the City
approval for subdivisions
Division
of Tustin Subdivision Code (Article 9, Chapter 3, Part 3, Section 9331 of the
Tustin City Code). Developers may dedicate land or pay a fee in lieu or a
combination of both. The value of the amount of such fee shall be based
upon the fair market value of the amount of land which would otherwise be
required for dedication. Dedication of land may be required by the City for
a condominium, stock cooperative, or community apartment project which
exceeds 50 dwelling units.
Mitigation Measure REC-1: For residential projects not subject to City of
Prior to Building Permit
City of Tustin Building
Tustin Subdivision Code (Article 9, Chapter 3, Part 3, Section 9331 of the
Division and Planning
City of Tustin 4-13
Final EIR
May 2018
Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
Responsible for
Ensuring Compliance / Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure Timing Verification Initials
Tustin City Code), applicants shall pay a parkland development fee to the Division
City of Tustin prior to the issuance of building permits. The value of the
amount of such fee shall be based upon the fair market value of the amount
of land which would otherwise be required for dedication.
Mitigation Measure TRA: The City of Tustin will cooperate with Caltrans Prior to and During City of Tustin Public Works
when Caltrans moves forward with its planned improvements to the Caltrans improvements to Department
intersection of Newport Avenue at the 1-5 northbound on-ramp. Caltrans' the intersection of
improvements include installation of a traffic signal per the recommendations Newport Avenue at the
in the Caltrans Final Traffic Operations Report for State Route 55 (1-5 to 1- 1-5 northbound on-ramp
405) Project Approval/Environmental Document (PR/ED) that was published
in October 2015.
Mitigation Measure TR -2: The City of Tustin shall monitor the intersection As development City of Tustin Public Works
operation at Newport Avenue and EI Camino Real as development applications are Department
applications are received and shall provide the following improvements, or received
equivalent, once the intersection LOS becomes deficient: Restripe the
eastbound through lane to a shared through/right-turn lane so the
eastbound approach would consist of one left -turn lane, one shared
through/right-turn lane, and one right -turn lane.
Mitigation Measure CUL -1: Listed previously under Cultural Resources.I Prior to Grading Permit City of Tustin Planning
Division
City of Tustin 4-14
Final EIR
May 2018
Downtown Commercial Core Speck Plan
City of Tustin
Final EIR
May 2018
4. Mitigation Monitoring and Reporting Program
4-15
APPENDIX A
DRAFT EIR AND DRAFT EIR APPENDICES
0
DOWNTOWN
COMMERCIAL CORE
SPECIFIC PLAN
DRAFT PROGRAM
ENVIRONMENTAL
IMPACT REPORT
i
FEBRUARY 2018
F
TUSTIN CA�-
. 4
DRAFT PROGRAM ENVIRONMENTAL IMPACT
REPORT
DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN
TUSTIN, CALIFORNIA
STATE CLEARINGHOUSE NO. 2016081004
PREPARED FOR:
CITY OF TUSTIN
Community Development Department
300 Centennial Way, Tustin, CA 92780
CONTACT: Dana L. Ogdon, AICP, Assistant Director Community Development
PREPARED BY:
ENVIRONMENT I PLANNING I DEVELOPMENT
SOLUTI❑NS, INC.
2030 MAIN STREET STE. 1200
IRVINE, CA 92614
FEBRUARY 2018
Downtown Commercial Core Specific Plan Table of Contents
TABLE OF CONTENTS
Chapter
Page
LISTOF FIGURES.................................................................................................................................................... ii
LISTOF TABLES..................................................................................................................................................... iii
APPENDICES.......................................................................................................................................................... v
ACRONYMS AND ABBREVIATIONS...................................................................................................................... vi
1.0 EXECUTIVE SUMMARY.................................................................................................................................1-1
2.0 INTRODUCTION............................................................................................................................................ 2-1
3.0 PROJECT DESCRIPTION................................................................................................................................3-1
4.0 ENVIRONMENTAL SETTING..........................................................................................................................4-1
5.0 ENVIRONMENTAL IMPACT ANALYSIS.........................................................................................................5-0
SECTION5.1 , AESTHETICS............................................................................................................................................................... 5.1-1
SECTION5.2, AIR QUALITY............................................................................................................................................................. 5.2-1
SECTION 5.3, CULTURAL RESOURCES.............................................................................................................................................. 5.3-1
SECTION 5.4, GREENHOUSE GAS EMISSIONS................................................................................................................................ 5.4-1
SECTION 5.5, LAND USE AND PLANNING....................................................................................................................................... 5.5-1
SECTION5.6, NOISE....................................................................................................................................................................... 5.6-1
SECTION 5.7, POPULATION AND HOUSING................................................................................................................................... 5.7-1
SECTION5.8, RECREATION............................................................................................................................................................. 5.8-1
SECTION 5.9, TRANSPORTATION AND CIRCULATION...................................................................................................................... 5.9-1
SECTION 5.1 0, TRIBAL CULTURAL RESOURCES..............................................................................................................................5.1 0-1
SECTION 5.1 1, UTILITIES AND SERVICE SYSTEMS...........................................................................................................................5.1 1 -1
SECTION 5.1 2, ENERGY RESOURCES............................................................................................................................................5.1 2-1
SECTION 5.1 3, MANDATORY FINDINGS OF SIGNIFICANCE
.........................................................................................................5.1 3-1
6.0 ALTERNATIVES.............................................................................................................................................6-1
7.0 EIR PREPARERS AND PERSONS CONTACTED...............................................................................................7-1
City of Tustin
Draft EIR
February 2018
Downtown Commercial Core Specific Plan Table of Contents
LIST OF FIGURES
Figure Page
Figure3-1: Regional Vicinity Map........................................................................................................................................3-5
Figure 3-2: Specific Plan Area Boundary Map..................................................................................................................3-7
Figure3-3: Existing Land Use Plan.......................................................................................................................................3-9
Figure3-4: Existing Zoning Map........................................................................................................................................3-1
1
Figure 3-5: Cultural Resources District Boundary . ...........................................................................................................
3-13
Figure3-6: Paking Overlay District . ..................................................................................................................................
3-15
Figure3-7: Proposed Land Use Plan.................................................................................................................................3-21
Figure3-8: Urban Design Plan...........................................................................................................................................3-27
Figure3-9: Circulation Plan.................................................................................................................................................3-29
Figure 3-10: Main Street Conceptual Improvements.....................................................................................................3-33
Figure 3-11: First Street Conceptual Improvements.......................................................................................................3-35
Figure 3-12: Conceptual Second and Third Street Traffic Movements......................................................................3-36
Figure 3-13: Second Street Conceptual Improvements.................................................................................................3-36
Figure 3-14: Third Street Conceptual Improvements.....................................................................................................3-37
Figure 5.6-1: Noise Measurement Locations...................................................................................................................5.6-9
Figure5.9-1: Traffic Study Area Map.............................................................................................................................5.9-7
Figure5.9-2: Transit Stop Locations................................................................................................................................5.9-9
City of Tustin
Draft EIR
February 2018
Downtown Commercial Core Specific Plan Table of Contents
LIST OF TABLES
Table
Page
Table1-1: Residential Housing Bank....................................................................................................................................1-3
Table 1-2: Summary of Impacts, Mitigation Measures, and Level of Significance.....................................................1-5
Table 2-1: Summary of NOP/Initial Study Comment Letters.........................................................................................2-2
Table 2-2: Impacts Found Not to Be Significant.................................................................................................................2-4
Table 3-1: Existing Land Use Categories............................................................................................................................3-2
Table3-2: Residential Housing Bank.................................................................................................................................3-18
Table3-3: Land Use Categories........................................................................................................................................3-19
Table 5.2-1: Ambient Air Quality Standards for Criteria Pollutants.........................................................................5.2-2
Table 5.2-2: Air Quality Monitoring Summary 2014-2016.....................................................................................
5.2-11
Table 5.2-3: Attainment Status of Criteria Pollutants in the South Coast Air Basin (SCAB) ...............................
5.2-12
Table 5.2-4: SCAQMD Regional Air Quality Thresholds..........................................................................................
5.2-13
Table 5.2-5: SCAQMD Localized Significance Thresholds.......................................................................................5.2-13
Table 5.2-6: Maximum Potential Construction Emissions (lbs/day).........................................................................
5.2-17
Table 5.2-7: Summary of Unmitigated Operational Emissions (lbs/day)..............................................................5.2-18
Table 5.2-8: Summary of Mitigated Operational Emissions (lbs/day)..................................................................
5.2-18
Table 5.3-1: Recorded Prehistoric Cultural Resources..................................................................................................5.3-6
Table 5.3-2: Age of Buildings within the Specific Plan Area......................................................................................5.3-7
Table 5.4-1: Summary of Greenhouse Gas Emissions (Annual)..................................................................................5.4-8
Table 5.5-1: Consistency with SCAG Regional Transportation Plan/Sustainable Communities Strategy ......... 5.5-6
Table 5.5-2: Consistency with Orange County Sustainable Communities Strategy...............................................5.5-7
Table5.6-1: Vibration Standards.....................................................................................................................................5.6-3
Table 5.6-2: Noise Level Exposure and Land Use Compatibility Guidelines..........................................................5.6-5
Table 5.6-3: Exterior Noise Standards............................................................................................................................5.6-6
Table 5.6-4: Tustin City Code Operational Noise Standards.....................................................................................5.6-7
Table 5.6-5: 24 -Hour Ambient Noise Level Measurements......................................................................................
5.6-11
Table 5.6-6: Existing Noise Ambient Noise Level and General Plan Land Use Compatibility .........................
5.6-11
Table 5.6-7: Existing Roadway Noise Contours..........................................................................................................
5.6-12
Table 5.6-8: Significance Criteria Summary................................................................................................................5.6-14
Table 5.6-9: Construction Reference Noise Levels......................................................................................................
5.6-16
Table 5.6-10: Construction Equipment Vibration Levels............................................................................................
5.6-18
Table 5.6-11: Construction Equipment Vibration Impacts.........................................................................................5.6-19
Table 5.6.12: Existing Plus Project Traffic Noise Level Increases............................................................................
5.6-20
Table 5.6-13: Year 2035 Plus Project Traffic Noise Impacts..................................................................................
5.6-21
Table 5.6-14: Temporary Increase in Noise from Construction...............................................................................5.6-23
Table 5.7-1: City of Tustin Regional Housing Needs Allocation, 2013-2021 .........................................................5.7-2
Table 5.7-2: Population Estimates and Projections, 2000-2035...............................................................................5.7-3
Table 5.7-3: Housing Units and Households, 2010 and 2017....................................................................................5.7-4
Table 5.7-4: SCAG Household Projections through 2035...........................................................................................5.7-4
Table 5.7-5: SCAG Household Projections through 2035...........................................................................................5.7-5
Table 5.7-6: Employees from Specific Plan Buildout....................................................................................................5.7-7
Table 5.7-7: City of Tustin Jobs -Housing Balance.........................................................................................................5.7-8
Table5.8-1. City of Tustin Parks.......................................................................................................................................5.8-2
Table 5.9.1: Existing Conditions Intersection LOS Summary........................................................................................5.9-3
Table 5.9-2: Intersection Level of Service Ranges (ICU and HCM Delay)...............................................................5.9-5
City of Tustin iii
Draft EIR
February 2018
Downtown Commercial Core Specific Plan Table of Contents
Table 5.9-3: Existing Plus Project Intersection Level of Service............................................................................... 5.9-12
Table 5.9-4: Existing Plus Project LOS at Newport Avenue and 1-5 NB On -Ramp with Traffic Signal .......... 5.9-13
Table 5.9-5: Cumulative 2035 Plus Project Intersection Level of Service.............................................................. 5.9-14
Table 5.9-6: Level of Service at Newport Avenue and EI Camino Real with Mitigation ................................... 5.9-15
Table 5.9-7: Cumulative Plus Project LOS at Newport Avenue and 1-5 NB On -Ramp with Traffic Signal .... 5.9-15
Table 5.12-1: Estimated Annual Operational Automobile Fuel Consumption .......................................................5.12-b
Table 6-1: Impact Comparison of the Proposed Specific Plan and Alternatives.....................................................b-19
Table 6-2: Comparison of the Proposed Specific Plan and Alternatives Ability to Meet Objectives.................6-20
City of Tustin iv
Draft EIR
February 2018
Downtown Commercial Core Specific Plan Table of Contents
APPENDICES
Appendix
Title
APPENDIX A..................................................................................................................................INITIAL STUDY/NOP/COMMENTS
APPENDIX B............................................................................................................ AIR QUALITY AND GREENHOUSE CTAS ANALYSIS
APPENDIX C............................................................................................................................... CULTURAL RESOURCES ASSESSMENT
APPENDIX D.................................................................................................................................................NOISE IMPACT ANALYSIS
APPENDIXE.................................................................................................................................................................TRAFFIC STUDY
APPENDIX F.....................................................................................................................................................WATER SUPPLY MEMO
APPENDIXG.............................................................................................................................................................. ENERGY TABLES
City of Tustin
Draft EIR
February 2018
Downtown Commercial Core Specific Plan Table of Contents
ACRONYMS AND ABBREVIATIONS
°C
degrees Celsius
pg/m3
micrograms per cubic meter
AB 52
California Assembly Bill 52
ACM
asbestos -containing material
AF
acre-feet
ALUC
Airport Land Use Commission
ALUCP
Airport Land Use Compatibility Plan
amsl
above mean sea level
AQIA
Air Quality Impact Analyses
AQMP
Air Quality Management Plan
APN
Assessor's Parcel Number
ATCM
airborne toxic control measure
BACM
best available control measure
BACT
best available control technology
Basin
South Coast Air Quality Basin
BAU
business as usual
BFE
base flood elevation
bgs
below ground surface
BMPs
Best Management Practices
CAA
Clean Air Act of 1970
CAAA
CAA Amendments of 1990
CAAQS
California Ambient Air Quality Standards
CalEEMod
California Emissions Estimator Model
CALGreen
California Green Building Standards Code
CAP
Climate Action Plan of 2013
CARB
California Air Resources Board
CBC
California Building Code
CCAA
California Clean Air Act of 1988
CDA
Chino Desalter Authority
CDPH
California Department of Public Health
CDFW
California Department of Fish and Wildlife
CC&Rs
Covenants, Conditions, and Restrictions
CEC
California Energy Commission
CEQA
California Environmental Quality Act
CESA
California Endangered Species Act
CGEU
California Gas and Electric Utilities 2016 California Gas Report
CGS
California Geological Survey
CHa
methane
CHAPIS
Community Health Air Pollution Information System (CARB)
CHRIS
California Historical Resources Inventory System
CNDDB
California Natural Diversity Database
CNEL
community noise equivalent level
CNPS
California Native Plant Society
CO
carbon monoxide
CO2
carbon dioxide
COze
carbon dioxide equivalent
CRD
Cultural Resources District
CRHR
California Register of Historical Resources
CTP
Clean Truck Program
City of Tustin A
Draft EIR
February 2018
Downtown Commercial Core Specific Plan Table of Contents
CUP
Conditional Use Permit
CUWMPA
California Urban Water Management Planning Act
DA
Development Area
dB
decibel
dBA
A -weighted decibels
DPM
diesel particulate matter
DTSC
Department of Toxic Substances Control
EIR
Environmental Impact Report
EMS
Emergency Medical Services
EOCWD
East Orange County Water District
ESA
Environmental Site Assessment
FAR
floor area ratio
FEMA
Federal Emergency Management Agency
FESA
Federal Endangered Species Act of 1973
FMMP
Farmland Mapping and Monitoring Program
gal/day
gallons per day
GHG
greenhouse gas
GWP
global warming potential
Handbook
Air Quality and Land Use Handbook: A Community Health Perspective (CARB
2005)
HAPs
hazardous air pollutants
HCM
Highway Capacity Manual
HCA
Orange County Health Care Agency
HCP
Habitat Conservation Plan
HDT
Heavy Duty Trucks
HFCs
hydroflourocarbons
Hot Spots Act
Air Toxics Hot Spots Information and Assessment Act of 1987
HP
horsepower
HPLV
High Pressure Low Volume
HQTA
high quality transit areas
HVAC
heating, ventilating, and air conditioning
ICU
intersection capacity utilization
I
Interstate
1-5
Interstate 5
LBP
lead-based paint
LCFS
Low Carbon Fuel Standard
LEED
Leadership in Energy and Environmental Design
LEV
Low Emission Vehicle
LID
low impact development
LOS
level of service
LSTs
localized significance thresholds
MACT
maximum available control technology
MBTA
Migratory Bird Treaty Act of 1918
mgd
million gallons per day
MMRP
Mitigation Monitoring and Reporting Program
MMT
million metric tons
MPO
metropolitan planning organization
MT
metric tons
MT CO2e
metric tons of carbon dioxide equivalent
NAAQS
National Ambient Air Quality Standards
N2O
nitrous oxide
NAHC
Native American Heritage Commission
NALs
numeric action levels
City of Tustin vii
Draft EIR
February 2018
Downtown Commercial Core Specific Plan Table of Contents
NCCP
Natural Community Conservation Plan
NESHAP
national emissions standards for HAPs
NI -13
ammonia
NHPA
National Historic Preservation Act of 1966
NHTSA
National Highway Traffic and Safety Administration
NOP
Notice of Preparation
NO2
nitrogen oxide
NOX
nitrogen oxide
NOI
Notice of Intent
NPDES
National Pollutant Discharge Elimination System
NRCS
U.A. Department of Agriculture Natural Resources Conservation Service
Os
ozone
OCTA
Orange County Transportation Authority
OCSD
Orange County Sanitation District
Pb
lead
PDF
project design feature
PFCs
perflourocarbons
PM2.5
particulate matter less than 2.5 micrometers in aerodynamic diameter
PM10
particulate matter less than 10 micrometers in aerodynamic diameter
ppb
parts per billion
PPP
Plans, Programs, and Policies
PRC
Public Resources Code
PRIMP
Paleontological Resources Impact Mitigation Plan
PWS
public water supplier
REC
recognized environmental conditions
ROG
reactive organic gas
RTP
Regional Transportation Plan
RWQCB
Regional Water Quality Control Board
SB
Senate Bill
SB 18
California Senate Bill 18, Ch. 905 (2004)
SB 375
California Senate Bill 375, Ch. 728, (2008)
SC
Standard Condition
SCAB
South Coast Air Basin
SCAG
Southern California Association of Governments
SCAQMD
South Coast Air Quality Management District
SCCIC
South Central Coastal Information Center
SCE
Southern California Edison Company
SCS
Sustainable Communities Strategy
SF
square feet
SFb
sulfur hexaflouride
SIP
state implementation plan
SO2
sulfur dioxide
SOs
sulfur trioxide
SO4
sulfates
SoCalGas
Southern California Gas Company
SOX
sulfur oxides
SP
Specific Plan
SR
State Route
SR -55
Costa Mesa Freeway
SRA
Source Receptor Area
SWPPP
Storm Water Pollution Prevention Plan
SWQMP
Storm Water Quality Management Plan
SWRCB
Storm Water Resources Control Board
City of Tustin viii
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February 2018
Downtown Commercial Core Specific Plan Table of Contents
TACs
toxic air contaminants
TCC
Tustin City Code
TIA
Traffic Impact Analysis
tpy
tons per year
TTCP
traditional tribal cultural places
TUA
traditional use area
TUSD
Tustin Unified School District
USEPA
United States Environmental Protection Agency
USFWS
United States Fish and Wildlife Service
UTRs
utility tractors
UWMP
Urban Water Management Plan
VdB
velocity levels expressed in decibel notation
VMT
vehicle miles travelled
VOC
volatile organic compounds
WDR
Waste Discharge Requirements
Williamson Act
California Land Conservation Act of 1965
City of Tustin ix
Draft EIR
February 2018
Downtown Commercial Core Specific Plan Table of Contents
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City of Tustin
Draft EIR
February 2018
1. Executive Summary
This Draft Environmental Impact Report (Draft EIR) has been prepared to identify, analyze, and mitigate
the significant environmental effects of development allowed in the proposed Downtown Commercial Core
Specific Plan (DCCSP). The project, as articulated in Section 3, Project Description, involves development of
residences, non-residential uses, and other improvements in the proposed Specific Plan. The Specific Plan
also includes development standards and design criteria and guidelines to provide for unified and
coordinated development within the Specific Plan area. This EIR has been prepared in conformance with
State and City of Tustin environmental policy guidelines for implementation of the California Environmental
Quality Act (CEQA).
This Draft EIR has been prepared pursuant to the requirements of CEQA. The City of Tustin, as the Lead
Agency, has reviewed and revised as necessary all submitted drafts, technical studies, and reports to
reflect its own independent judgment, including reliance on applicable City technical personnel from other
departments and review of all technical subconsultant reports. Data for this Draft EIR was obtained from
on-site field observations, discussions with affected agencies, analysis of adopted plans and policies,
review of available studies, reports, data and similar literature, and specialized environmental
assessments.
The EIR is being circulated for review and comment by the public and other interested parties, agencies
and organizations for 45 days in accordance with Section 15087 and Section 15105 of the CEQA
Guidelines. During the 45 -day review period, the Draft EIR will be available for public review at the City's
website (http://www.tustinca.org/depts/cd/planningupdate.asp) and the following location:
City of Tustin Planning Dept.
300 Centennial Way
Tustin, CA 92780
Written comments related to environmental issues in the Draft EIR should be addressed to:
Dana L. Ogdon, AICP, Assistant Director of Community Development
City of Tustin Community Development
300 Centennial Way
Tustin, CA 92780
Email: dogdon@tustinca.org
A Notice of Availability of the Draft EIR was published concurrently with distribution of this document.
1.1 TYPE AND PURPOSE OF THIS DRAFT EIR
This Draft EIR fulfills the requirements for a Program EIR. The CEQA Guidelines (Section 15168[h])
encourage the use of Program EIRs, citing five advantages:
• Provide a more exhaustive consideration of impacts and alternatives than would be practical in an
individual EIR;
• Focus on cumulative impacts that might be slighted in a case-by-case analysis;
• Avoid continual reconsideration of recurring policy issues;
City of Tustin 1-1
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 1. Executive Summary
• Consider broad policy alternatives and programmatic mitigation measures at an early stage when
the agency has greater flexibility to deal with them;
• Reduce paperwork by encouraging the reuse of data (through tiering).
Although the legally required contents of a Program EIR are the same as those of a Project EIR, Program
EIRs are typically more conceptual and may contain a more general discussion of impacts, alternatives, and
mitigation measures than a Project EIR. As provided in Section 15168 of the State CEQA Guidelines, a
Program EIR may be prepared on a series of actions that may be characterized as one large project.
Once a Program EIR has been prepared, subsequent activities within the project area must be evaluated to
determine whether an additional CEQA document needs to be prepared. However, if the Program EIR is
found to adequately address subsequent project effects, additional environmental analysis is not required
(Guidelines Section 15168[c]). When a Program EIR is prepared for an anticipated subsequent activity,
the lead agency must incorporate feasible mitigation measures and alternatives to address any identified
environmental impacts. If a subsequent activity would have effects not previously considered within the
scope of the Program EIR, the Lead Agency must prepare a new Initial Study leading to a Negative
Declaration, Mitigated Negative Declaration, or an EIR to address those concerns. In this case, the Program
EIR still serves a valuable purpose as the first-tier environmental analysis.
1.2 PROJECT LOCATION
City of Tustin
Tustin is located in central Orange County, California, 12 miles inland from the Pacific Ocean, and is
considered part of the greater Los Angeles metropolitan area. Tustin is located approximately two miles
north of Orange County's John Wayne Airport and is transected by Interstate 5 (1-5) and State Route 55
(SR -55). The City of Tustin and the adjacent jurisdictions characterize the urbanized core of Orange
County.
Specific Plan Area
The 220 -acre Specific Plan area is generally located northeast of the 1-5 at SR -55 interchange; and is
centered around the intersection of Main Street and EI Camino Real. The Specific Plan area is generally
bound by 1-5 to the south and SR -55 to the west. First Street generally defines the northern edge and
includes parcels along the north side of First Street. Newport Avenue and parcels along the east side of
Newport Avenue generally define the eastern boundary.
1.3 PROJECT DESCRIPTION SUMMARY
The proposed Specific Plan establishes the long-term vision and objectives for land use development and
public improvements within Tustin's downtown. This vision is to introduce mixed uses that expands
walkability through pedestrian -oriented first floor development; establish residential mixed use and multi-
family development; transforming streets through pedestrian -oriented improvements; draw more patrons
to Old Town by embracing its unique historic character; and maintain a commercial focus along the
majority of Newport Avenue. The Specific Plan area is divided into six Development Areas (DAs), which
generally reflect differences in the character of the built environment. The Specific Plan establishes
permitted uses, development standards, and design criteria regulating site planning, building design,
parking, architectural treatment, landscaping, and circulation improvements for each of the DAs.
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Draft EIR
February 2018
Downtown Commercial Core Specific Plan 1. Executive Summary
The proposed Specific Plan also establishes a residential housing bank with a maximum of 887 new
dwelling units (multifamily and mixed use) that would be allowed pursuant to a discretionary permit, as
required by the City's municipal code. The Specific Plan has allocated the number of residential units for
each DA, and allows up to 25 percent of the residential units to be transferred from one DA to another
DA. The maximum number of new dwelling units within the Specific Plan would not exceed 887 units.
Table 1-1: Residential Housing Bank
Development Area
(DA)
Initial Allotment of
Dwelling Units
Maximum Number of Units
That May Be Transferred
from donating DA(s) into
Receiving DA
DA -1
45
11
DA -2
92
23
DA -3
200
50
DA -4
150
38
DA -5
0
0
DA -6
400
100
Total
887
222
In addition to the residential, the proposed Specific Plan would provide for approximately 300,000
square feet of non-residential (commercial/office) space to be developed within the Specific Plan area.
This would generally occur as infill development and redevelopment of existing non-residential parcels.
Buildout of the proposed Specific Plan is anticipated to occur by 2035.
1.4 PROJECT OBJECTIVES
The project objectives and underlying purpose of the proposed project are derived from the DCCSP Goals
and Vision Statements, as follows:
1. Bolster an economically vibrant and active downtown environment through introduction of mixed
uses.
2. Draw more patrons and expand walkability through enhanced pedestrian -oriented commercial
first floor development.
3. Introduce a sufficient level of high-quality, integrated residential mixed use, and focused
multifamily development to invigorate Old Town Tustin.
4. Transform streets and create neighborhood connectivity through pedestrian -oriented
improvements.
5. Differentiate Old Town Tustin by embracing its unique historic downtown character.
6. Maintain a commercial focus for the project area.
7. Create additional integrated public spaces to serve existing and future residents and visitors, and
to provide opportunities for community events, interaction, and strengthening the area's sense of
community.
1.5 SUMMARY OF ALTERNATIVES
Section 6.0, Alternatives, of this EIR analyzes a range of reasonable alternatives to the proposed Specific
Plan. The alternatives that are analyzed in detail in Section 6.0 are summarized below.
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Draft EIR
February 2018
Downtown Commercial Core Specific Plan 1. Executive Summary
Alternative 1: No Project/ Buildout of Existing Zoning Alternative. Under this alternative, the proposed
Specific Plan would not be developed. In accordance with the CEQA Guidelines, the No Project/ Buildout
of Existing Zoning Alternative will be the continuation of the existing plan, policy or operation into the
future when the project is the revision of an existing land use or regulatory plan, policy or ongoing
operation. Section 15126.6(e)(3)(A) of the CEQA Guidelines states that, "typically this is a situation where
other projects initiated under the existing plan will continue while the new plan is developed. Thus, the
projected impacts of the proposed plan or alternative plans would be compared to the impacts that would
occur under the existing plan."
This alternative evaluates the environmental effects of buildout of the Specific Plan area according to the
existing General Plan and zoning designations. Because the Specific Plan area is an urban area that is
generally built out, most new development would occur as adaptive reuse of existing buildings,
development on existing vacant sites, and infill or re -development of existing uses at the intensity allowed
by the existing zoning. The addition of residential uses and mixed residential uses within the Specific Plan
area would not occur, as proposed by the project. However, the Vintage Planned Community—a 140
multi -family dwelling unit community, which was recently approved by the City and is currently under
construction—would be developed. In addition, as described in Chapter 3.0, Project Description, the
300,000 square feet of non-residential development that is assumed by the Specific Plan consists of
buildout of the existing non-residential parcels in the Specific Plan area as designated by the existing
General Plan Land Use Map and Zoning Map. Because the land use and zoning designations of the non-
residential parcels would not change as a result of the proposed Specific Plan, the No Project/ Buildout of
Existing Zoning Alternative assumes development of 300,000 square feet of non-residential space as
allowed by existing General Plan and Zoning.
Accordingly, Alternative 1: No Project/Buildout of Existing Zoning Alternative provides a comparison
between the environmental impacts of the proposed Specific Plan in contrast to the result from not
approving, or denying, the proposed Specific Plan. Thus, this alternative is intended to meet the
requirements of CEQA Guidelines Section 15126.6(e) for evaluation of a no project alternative.
Alternative 2: Reduced Intensity Alternative. Under this alternative, a 25 percent reduction in the
development of the proposed uses would occur. The proposed Specific Plan would allow for development
of up to 887 dwelling units and 300,000 square feet of non-residential development through the year
2035. Under this alternative, a maximum of 665 dwelling units and 225,000 square feet of non-
residential development. This alternative would allow for up to a 25 percent shift of housing units between
DAs, as provided by the project, and would include all of the circulation and streetscape improvements
that are proposed by the project.
Alternative 3: Limited Increase in Development Alternative. Under this alternative, a 50 percent
reduction in the development of the proposed uses would occur. The proposed Specific Plan would allow
for development of up to 887 dwelling units and 300,000 square feet of non-residential development
through the year 2035. Under this alternative, a maximum of 444 dwelling units and 150,000 square feet
of non-residential development. This alternative would allow for up to a 25 percent shift of housing units
between DAs, as provided by the project, and would include all of the circulation and streetscape
improvements that are proposed by the project.
1.6 SUMMARY OF IMPACTS
Table 1-2 summarizes the conclusions of the environmental analysis contained in this EIR. The level of
significance of impacts after the proposed mitigation measures are applied are identified as significant
and unavoidable, less than significant, and no impact. Relevant standard conditions of approval and
mitigation measures are identified for all potentially significant impacts.
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Draft EIR
February 2018
Table 1-2: Summary of Impacts, Mitigation Measures, and Level of Significance
Impact
Applicable Standard Conditions
Level of Significance
Mitigation Measures
Significance after
or Plan, Program, Policy
before Mitigation
Mitigation
5.1 Aesthetics
Impact AE -1: The project would not
substantially degrade the existing
visual character or quality of the site
and its surroundings.
Less than significant.
None required.
Less than significant.
Impact AE -2: The project would not
Less than significant.
None required.
Less than significant.
create a new source of substantial light
or glare which would adversely affect
day or nighttime views in the area.
Cumulative
Less than significant.
None required.
Less than significant.
5.2 Air Quality
Impact AQ -1: The project would
PPP — AQ -1: Development projects
Significant.
Mitigation Measure AQ -1: Tier 3. The
Significant and
conflict with or obstruct implementation
shall comply with the following
construction plans and specifications shall
Unavoidable.
of the applicable air quality plan.
South Coast Air Quality District
Rules:
state that project construction that utilizes
construction equipment greater than 150
Impact AQ -2: The project would
Significant.
horsepower (>150 HP) shall comply with
Significant and
violate an air quality standard or
• Rule 401: Visible Emissions
EPA/CARB Tier 3 emissions standards
Unavoidable.
contribute substantially to an existing
during all construction phases and shall
or projected air quality violation.
• Rule 402: Nuisance
• Rule 403: Fugitive Dust
ensure that all construction equipment be
tuned and maintained in accordance with
Impact AQ -3: The project would result
Significant.
Significant and
in a cumulatively considerable net
the manufacturer's specifications.
Unavoidable.
increase of a criteria pollutant for
• Rule 481: Spray Coating
Mitigation Measure AQ -2: Low VOC. The
which the project region is non-
Rule 1 1 13: Architectural
construction plans and specifications shall
attainment under an applicable
Coatings
state that project construction shall utilize
"Super
federal or state ambient air quality
-Compliant" low VOC paints which
standard.
• Rule 1 143: Paint Thinners and
have been reformulated to exceed the
Solvents
regulatory VOC limits put forth by
SCAQMD's Rule 1113. Super -Compliant
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
low VOC paints shall be no more than
1Og/L of VOC. Alternatively, the
applicant/developer may utilize valid
construction techniques that do not require
the use of architectural coatings.
Mitigation Measure AQ -3: Electricity. The
construction plans and specifications shall
state that contractors shall use the
electricity infrastructure surrounding the
construction site, if available, rather than
electrical generators powered by internal
combustion engines.
Mitigation Measure AQ -4: Alternative
Technology. The construction plans and
specifications shall state that contractors
shall use alternative fueled, engine retrofit
technology, after -treatment products (e.g.,
diesel oxidation catalysts, diesel
particulate filters), and/or other options as
they become available, including all off-
road and portable diesel -powered
equipment.
Mitigation Measure AQ -5: Equipment
Maintenance. Construction plans and
specifications shall state that construction
equipment be maintained in good
operating condition to reduce emissions.
The construction contractor shall ensure that
all construction equipment is being properly
serviced and maintained as per the
manufacturer's specification. Maintenance
records shall be available at the
construction site for City verification.
Mitigation Measure AQ -6: Construction
Vehicle Management Plan. For projects
requiring construction vehicles, construction
plans and specifications shall state that the
applicant/developer and/or building
operators shall prepare and maintain a
construction vehicle management plan, to
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
be made available upon request to the
City of Tustin Building Division, denoting the
proposed schedule and projected
equipment use. The construction vehicle
management plan shall include, as a
minimum: idling time requirements;
requiring hour meters on equipment;
documenting the serial number,
horsepower, age, emissions ratings, and
fuel of all onsite equipment. The plan shall
state that California state law requires
equipment fleets to limit idling to no more
than 5 minutes, and that low emission
vehicles will be used. If low emission mobile
construction equipment is not used,
construction contractor shall provide
evidence in the construction vehicle
management plan that their use was
investigated and found to be infeasible.
Contractors shall also conform to any
construction measures imposed by the South
Coast Air Quality Management District as
well as the City of Tustin.
Mitigation Measure AQ -7: Energy Usage
Calculations. Prior to the issuance of
building permits for new development
projects requiring design review, project
applicants/developers shall submit plans
certifying that the proposed development is
designed to achieve 5 percent efficiency
beyond the 2016 California Building Code
Title 24 requirements to the satisfaction of
the City of Tustin Building Division.
Example of measures that reduce energy
consumption include, but are not limited to,
the following (it being understood that the
items listed below are not all required and
merely present examples; the list is not all-
inclusive and other features that reduce
energy consumption also are acceptable):
9 Increase in insulation such that heat
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
transfer and thermal bridging is
minimized;
• Limit air leakage through the structure
and/or within the heating and cooling
distribution system;
• Use of energy-efficient space heating
and cooling equipment;
• Installation of electrical hook-ups at
loading dock areas;
• Installation of dual -paned or other
energy efficient windows;
• Use of interior and exterior energy
efficient lighting that exceeds the 2016
California Title 24 Energy Efficiency
performance standards;
• Installation of automatic devices to turn
off lights where they are not needed;
• Application of a paint and surface color
palette that emphasizes light and off-
white colors that reflect heat away from
buildings;
• Design of buildings with "cool roofs"
using products certified by the Cool Roof
Rating Council, and/or exposed roof
surfaces using light and off-white colors;
• Design of buildings to accommodate
photo -voltaic solar electricity systems or
the installation of photo -voltaic solar
electricity systems; and
Installation of ENERGY STAR -qualified
energy-efficient appliances, heating and
cooling systems, office equipment, and/or
lighting products.
Mitigation Measure AQ -8: Enhanced
Water Conservation. Prior to the issuance
of building permits for new development
projects requiring design review, project
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
applicants/developers shall certify that the
project is designed to reduce water usage
by a minimum of 30 percent when
compared to baseline water demand (total
expected water demand without
implementation of the Water Conservation
Strategy). Projects shall also implement the
following:
• Landscaping palette emphasizing
drought tolerant plants;
• Use of water-efficient irrigation
techniques; and
• U.S. Environmental Protection Agency
(EPA) Certified WaterSense labeled or
equivalent faucets, high-efficiency toilets
(HETs), and water-conserving shower
heads.
The above measures reduce water
consumption, but it is understood that the
list is not all-inclusive and other features
that reduce water consumption also are
acceptable.
Impact A04: The project would
Significant.
Mitigation Measure AQ-9: Localized
Less than significant.
expose sensitive receptors to
Emissions. Prior to issuance of a grading
substantial pollutant concentrations.
permit for new development projects that
are one acre or larger, the
applicant/developer shall provide
modeling of the regional and the localized
emissions (NOx, CO, PMlo, and PMz.$)
associated with the maximum daily grading
activities for the proposed development. If
the modeling shows that emissions would
exceed the SCAQMD's significance
thresholds for those emissions, the maximum
daily grading activities of the proposed
development shall be limited to the extent
that could occur without resulting in
emissions in excess of SCAQMD's
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
significance thresholds for those emissions.
Mitigation Measure AQ -10: Toxic Air
Contaminants: Development proposals for
new residential and other sensitive land use
projects (e.g., nursing homes, day care
centers) in the Specific Plan area within
500 feet of major sources of toxic air
contaminants ((e.g., Interstate 5, and
roadways with traffic volumes over
100,000 vehicles per day), as measured
from the property line of the project to the
property line of the source/edge of the
nearest travel lane, shall submit a health
risk assessment (HRA) to the City of Tustin
Planning Division prior to design review
approval. The HRA shall be prepared in
accordance with policies and procedures of
the SCAQMD. If the HRA shows that the
incremental cancer risk exceeds ten in one
million (10E-06), PM10 concentrations
exceed 2.5 pg/m3, PM2.5 concentrations
exceed 2.5 pg/m3, or the appropriate
noncancer hazard index exceeds 1.0, the
project applicant/developer shall be
required to submit an HRA that
demonstrates and certifies that mitigation
measures are capable of reducing
potential cancer and non -cancer risks to an
acceptable level (i.e., below ten in one
million or a hazard index of 1.0), including
appropriate enforcement mechanisms.
Measures to reduce risk may include but
are not limited to:
• Air intakes located away from high
volume roadways and/or truck loading
zones; and
• Heating, ventilation, and air conditioning
systems of the buildings provided with
appropriately sized maximum efficiency
Impact
Applicable Standard Conditions
Level of Significance
Mitigation Measures
Significance after
or Plan, Program, Policy
before Mitigation
Mitigation
rating value (MERV) filters (e.g., MERV
12 or better).
• Buffering sensitive uses away from
emission sources.
Cumulative
Significant.
Mitigation Measures AQ -1 through AQ -10,
Significant and
listed above.
Unavoidable.
5.3 Cultural Resources
Impact CUL -1: The project would cause
PPP CUL -1: The City of Tustin
Less Than Significant.
None required.
Less than significant.
a substantial adverse change in the
Cultural Resources District
significance of a historical resource as
Residential/Commercial Design
defined in Section 15064.5.
Guidelines shall apply to all
projects within the Specific Plan
area.
PPP CUL -2: The Certificate of
Appropriateness process applies to
all projects, when appropriate,
within the Specific Plan, as outlined
in Tustin City Code, Article 9,
Chapter 2, Part 5, Section 9252.
Impact CUL -2: The project would cause
Significant.
Mitigation Measure CUL -1: Prior to
Less than significant.
a substantial adverse change in the
issuance of a grading permit for grading
significance of an archaeological
of 2 feet or more in depth below the
resource pursuant to Section 15064.5.
natural or existing grade, the
applicant/developer shall provide written
evidence to the City Planning Division that
a qualified archaeologist has been
retained by the applicant/developer to
respond on an as -needed basis to address
unanticipated archaeological discoveries
and any archaeological requirements (e.g.,
conditions of approval) that are applicable
to the project. The applicant/developer is
encouraged to conduct a field meeting
prior to the start of construction activity
with all construction supervisors to train
staff to identify potential archaeological
resources. In the event that archaeological
materials are encountered during ground-
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
disturbing activities, work in the immediate
vicinity of the resource shall cease until a
qualified archaeologist has assessed the
discovery and appropriate treatment
pursuant to CEQA Guidelines Section
15064.5 is determined.
If discovered archaeological resources are
found to be significant, the archaeologist
shall determine, in consultation with the City
and any local Native American groups
expressing interest following notification by
the City, appropriate avoidance measures
or other appropriate mitigation. Per CEQA
Guidelines Section 15126.4(b)(3),
preservation in place shall be the
preferred means to avoid impacts to
archaeological resources qualifying as
historical resources. Consistent with CEQA
Guidelines Section 15126.4(b)(3)(C), if it is
demonstrated that confirmed resources
cannot be avoided, the qualified
archaeologist shall develop additional
treatment measures, such as data recovery,
reburial relocation, deposit at a local
museum that accepts such resources or other
appropriate measures, in consultation with
the implementing agency and any local
Native American representatives
expressing interest in prehistoric or tribal
resources. If an archaeological site does
not qualify as an historical resource but
meets the criteria for a unique
archaeological resource as defined in
Section 21083.2, then the site shall be
treated in accordance with the provisions of
Section 21083.2.
Cumulative
See PPP CUL -1 and PPP CUL -2 text
Significant.
Implement Mitigation Measures CUL -1
Less than significant.
above.
Impact
Applicable Standard Conditions
Level of Significance
Mitigation Measures
Significance after
or Plan, Program, Policy
before Mitigation
Mitigation
5.4 Greenhouse Gas Emissions
Impact GHG-1: The project would
See PPP AQ -1 text above.
Significant.
Mitigation Measure AQ -7: See mitigation
Significant and
generate GHG emissions, either
measure text above.
Unavoidable.
directly or indirectly, that may have a
Mitigation Measure AQ -8: See mitigation
significant impact on the environment.
measure text above.
Impact GHG-2: The project would
See PPP AQ -1 text above.
Significant
Significant and
conflict with any applicable plan,
Unavoidable.
policy or regulation of an agency
adopted for the purpose of reducing
the emissions of greenhouse gases.
Cumulative
Significant
Significant and
Unavoidable.
5.5 Land Use and Planning
Impact LU -1: The project would not
No impact.
None required.
No impact.
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.
Cumulative
No impact.
None required.
No impact.
5.6 Noise
Impact N-1: The project would not
PPP NOW: Development projects
Less Than Significant.
None required.
Less than significant.
expose persons to, or generation of,
are required to meet or exceed the
noise levels in excess of standards
65 dBA CNEL exterior noise level
established in the local general plan or
standard, as defined by Table N-3
noise ordinance, or applicable
of the City of Tustin General Plan
standards of other agencies.
Noise Element, and the 45 dBA
CNEL interior noise level standard
of the City of Tustin General Plan
Noise Element, and by Title 24,
Part 2, of the California Building
Code.
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
PPP NOI-2: Construction plans shall
include a note that construction
activities shall only occur between
the hours of 7:00 a.m. and 6:00
p.m. Monday through Friday and
9:00 a.m. to 5:00 p.m. Saturdays;
with no activity allowed on
Sundays and Federal holidays
unless, permitted outside of those
limitations in the case of urgent
necessity or upon a finding that
such approval will not adversely
impact adjacent properties and the
health, safety and welfare of the
community if a temporary
exception is granted, pursuant to
Article 4, Chapter 6, Section 4617
of the Tustin City Code.
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
Impact N-2: The project would expose
Significant.
Mitigation Measure NOW: Prior to
Less than significant.
persons to or generate excessive
approval of a demolition permit, grading
groundborne vibration or groundborne
plans, and/or issuance of building permits
noise levels.
for construction activities within 25 feet of
existing residential structures or occupied
noise sensitive uses that require the use of
large bulldozers, large loaded trucks,
jackhammers, pile drivers, and/or caisson
drills, the City of Tustin Building Division
shall ensure that construction plans and
specifications state that the use of such
vibratory equipment shall be prohibited
within 25 feet of existing residential
structures or occupied noise sensitive uses.
Instead, small rubber -tired bulldozers shall
be used within this area during demolition
and/or grading operations to reduce
vibration effects. If the use of large
bulldozers, large loaded trucks,
jackhammers, pile drivers, and/or caisson
drills is necessary within 25 feet of existing
residential structures or occupied noise
sensitive uses, a site-specific analysis shall
be prepared and submitted to the City of
Tustin demonstrating that construction
activity would not result in vibration at
sensitive receptors that is more than the
Caltrans thresholds for annoyance (0.04
in/sec PPV at receiver locations) and
damage (per the Transportation and
Construction Vibration Guidance Manual,
September 2013, Tables 19 & 20 by
building type).
Impact N-3: The project would not
Less than significant.
None required.
Less than significant.
result in a substantial permanent
increase in ambient noise levels in the
project vicinity or above levels existing
without the project.
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
Impact N-4: The project would cause a
PPP NOI-1, listed previously.
Significant.
Mitigation Measure NOI-2: Prior to
Less than significant.
substantial temporary or periodic
approval of grading plans the City of
increase in ambient noise levels in the
Tustin Building Division shall ensure that
project vicinity above levels existing
plans include the following measures to
without the project.
reduce construction related noise:
• Construction contractors shall equip all
construction equipment, fixed or mobile,
with properly operating and maintained
mufflers, consistent with manufacturers'
standards, and all stationary construction
equipment shall be placed so that
emitted noise is directed away from the
noise -sensitive use nearest the
construction activity.
• The construction contractor shall locate
equipment staging in areas that will
create the greatest distance between
construction -related noise sources and
noise -sensitive receiver nearest to the
construction activity.
• The construction contractor shall limit haul
truck deliveries to the same hours
specified for construction equipment by
TCC Article 4, Chapter 6, Section 4617.
The contractor shall design delivery
routes to minimize the exposure of
sensitive land uses to delivery truck
noise.
• If construction activity within 27 feet of
occupied noise sensitive uses is proposed,
the construction contractor shall ensure
that construction noise levels at nearby
sensitive land uses do not exceed 85
dBA Leq, and that construction -related
noise level increases are less than 12
dBA Leq above the existing ambient
noise levels, by one or more of the
following methods:
1. Install temporary construction noise
barriers within the line of site of
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
occupied sensitive uses for the
duration of construction activities
that could generate noise
exceeding 85 dBA Leq. The noise
control barrier(s) must provide a
solid face from top to bottom and
shall:
a. Provide a minimum
transmission loss of 20 dBA
and be constructed with an
acoustical blanket (e.g. vinyl
acoustic curtains or quilted
blankets) attached to the
construction site perimeter
fence or equivalent temporary
fence posts;
b. Be maintained and any
damage promptly repaired.
Gaps, holes, or weaknesses in
the barrier or openings
between the barrier and the
ground shall be promptly
repaired; and
c. Be removed and the site
appropriately restored upon
the conclusion of the
construction activity.
2. Install sound dampening mats or
blankets to the engine
compartments of heavy mobile
equipment (e.g. graders, dozers,
heavy trucks). The dampening
materials must be capable of a
minimum 5-dBA noise reduction,
must be installed prior to the use
of heavy mobile construction
equipment, and must remain
installed for the duration of the
equipment use.
Impact
Applicable Standard Conditions
or Plan, Program, Policy
Level of Significance
before Mitigation
Mitigation Measures
Significance after
Mitigation
Cumulative I I Less than significant. I None required. I Less than significant
5.7 Population and Housing
Impact P-1: The project would not
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).
Less than significant.
None required
Less than significant.
Cumulative I I Less than significant. I None required. I Less than significant.
5.8 Recreation
Impact REC-1: Implementation of the
specific plan would 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.
Impact REC-2: Implementation of the
specific plan would include
recreational facilities or require the
construction or expansion of
recreational facilities which might have
an adverse physical effect on the
environment.
PPP REC-1: Prior to the approval
of the final map for subdivisions
under the Specific Plan, applicants
shall comply with the City of Tustin
Subdivision Code (Article 9,
Chapter 3, Part 3, Section 9331 of
the Tustin City Code). Developers
may dedicate land or pay a fee in
lieu or a combination of both. The
value of the amount of such fee
shall be based upon the fair
market value of the amount of land
which would otherwise be required
for dedication. Dedication of land
may be required by the City for a
condominium, stock cooperative, or
community apartment project which
exceeds 50 dwelling units.
Significant. Mitigation Measure REC-1: For residential
projects not subject to City of Tustin
Subdivision Code (Article 9, Chapter 3,
Part 3, Section 9331 of the Tustin City
Code), applicants shall pay a parkland
development fee to the City of Tustin prior
to the issuance of building permits. The
value of the amount of such fee shall be
based upon the fair market value of the
amount of land which would otherwise be
required for dedication.
Less than significant.
Cumulative Significant. Mitigation Measure REC-1, listed Less than significant.
previously.
5.9 Transportation and Circulation
Impact TR -1: The project would conflict
with an applicable plan, ordinance or
policy establishing measures of
Significant. Mitigation Measure TR -1: The City of Unless and until
Tustin will cooperate with Caltrans when Caltrans implements
Caltrans moves forward with its planned the traffic signal
improvements to the intersection of intersection of
Impact
Applicable Standard Conditions
Level of Significance
Mitigation Measures
Significance after
or Plan, Program, Policy
before Mitigation
Mitigation
effectiveness for the performance of
Newport Avenue at the 1-5 northbound on-
Newport Avenue at
the circulation system, taking into
ramp. Caltrans' improvements include
the 1-5 northbound
account all modes of transportation
installation of a traffic signal per the
on-ramp impacts
including mass transit and non-
recommendations in the Caltrans Final
would remain:
motorized travel and relevant
Traffic Operations Report for State Route
Significant and
components of the circulation system,
55 (1-5 to I-405) Project
Unavoidable.
including but not limited to intersections,
Approval/Environmental Document (PR/ED)
streets, highways and freeways,
that was published in October 2015.
pedestrian and bicycle paths, and
mass transit.
Mitigation Measure TR -2: The City of
Impact TR -2: The project would conflict
Tustin shall monitor the intersection
with an applicable congestion
operation at Newport Avenue and EI
management program, including, but
Camino Real as development applications
not limited to, level of service
are received and shall provide the
standards and travel demand
following improvements, or equivalent,
measures, or other standards
once the intersection LOS becomes
established by the county congestion
deficient: Restripe the eastbound through
management agency for designated
lane to a shared through/right-turn lane so
roads or highways.
the eastbound approach would consist of
one left -turn lane, one shared
through/right-turn lane, and one right -turn
lane.
Impact TR -3: The project would not
No impact.
None required.
No impact.
conflict with adopted policies, plans, or
programs regarding public transit,
bicycle, or pedestrian facilities, or
otherwise decrease the performance or
safety of such facilities.
Cumulative
Significant.
Mitigation Measures TR -1 and TR -2, listed
Significant and
previously.
Unavoidable.
5.10 Tribal Cultural Resources
Impact TCR -1: The project would cause
Significant.
Mitigation Measure CUL -1, listed
Less than significant.
a substantial adverse change in the
previously.
significance of a tribal cultural resource
that is listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Impact
Applicable Standard Conditions
Level of Significance
Mitigation Measures
Significance after
or Plan, Program, Policy
before Mitigation
Mitigation
Resources Code section 5020.1(k).
Impact TCR -2: The project would cause
Significant.
Mitigation Measure CUL -1, listed
Less than significant.
a substantial adverse change in the
previously.
significance of a resource determined
by the lead agency, in its discretion
and supported by substantial evidence,
to be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1, that
considers the significance of the
resource to a California Native
American tribe.
Cumulative
Significant.
Mitigation Measure CUL -1, listed
Less than significant.
previously.
5.11 Utilities and Service Systems
Impact WW -1: The project would not
Less than significant.
None required.
Less than significant.
exceed wastewater treatment
requirements of the applicable
Regional Water Quality Control
Board.
Impact WW -2: The project would not
Less than significant.
None required.
Less than significant.
require or result in the construction of
new wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause
significant environmental effects.
Impact WW -3: The project would not
Less than significant.
None required.
Less than significant.
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.
Impact W-1: The project would not
Less than significant.
None required.
Less than significant.
require or result in the construction of
new water facilities, or expansion of
existing facilities, the construction of
Impact
Applicable Standard Conditions
Level of Significance
Mitigation Measures
Significance after
or Plan, Program, Policy
before Mitigation
Mitigation
which could cause significant
environmental effects.
Impact W-2: There are sufficient water
Less than significant.
None required.
Less than significant.
supplies available to serve the project
from existing entitlements and
resources, and no new or expanded
entitlements are needed.
Cumulative
Less than significant.
None required.
Less than significant.
5.12 Energy
Impact E-1: The project would not use
Less than significant.
None required.
Less than significant.
large amounts of energy or fuel, or
consume energy or fuel in a wasteful
manner.
Cumulative
Less than significant.
None required.
Less than significant.
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2. Introduction
This Draft Program Environmental Impact Report (Draft EIR) has been prepared by the Lead Agency in
conformance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000
et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, Section
15000 et seq.). This EIR has been prepared to identify, analyze, and mitigate the significant environmental
effects of development allowed in the proposed Specific Plan. The project, as articulated in Section 3,
Project Description, involves development of residences, non-residential uses, and other improvements in the
proposed Specific Plan area in conformance with the General Plan land use and zoning designations of
the area, as amended. The Specific Plan also includes development standards and design criteria to
provide for unified and coordinated development as the Specific Plan builds out.
Pursuant to CEQA Section 21067, the lead agency means "the public agency which has the principal
responsibility for carrying out or approving a project which may have a significant effect upon the
environment." The City of Tustin has the principal responsibility for approval of the proposed Downtown
Commercial Core Specific Plan (DCCSP) and related General Plan and zoning approvals. For this reason,
the City of Tustin is the CEQA Lead Agency for this project.
CEQA requires each EIR to reflect the independent judgment of the Lead Agency, including but not limited
to the thresholds of significance used to analyze project impacts, analyses and conclusions regarding the
level of significance of impacts both before and after mitigation, and the mitigation measures to be
implemented to avoid or reduce project -related impacts. In preparing this EIR, the City of Tustin has
employed CEQA and environmental technical specialists. The analyses and conclusions set forth in this EIR
reflect the independent judgment of the City as Lead Agency.
2.1 PURPOSE OF AN EIR
CEQA requires that all state and local governmental agencies consider the environmental consequences of
projects over which they have discretionary authority prior to taking action on those projects. Pursuant to
the provisions of CEQA Guidelines Section 15121 (a), this EIR is intended as an informational document to
inform public agency decision makers and the general public of the significant environmental effects of the
proposed Specific Plan, identify possible ways to avoid or minimize those significant effects, and describe
reasonable alternatives to the project that might avoid or lessen significant environmental effects. Thus, this
EIR is intended to aid the review and decision-making process.
State CEQA Guidelines provide the following information regarding the purpose of an EIR:
• Project Information and Environmental Effects. An EIR is an informational document that will inform
public agency decision -makers and the public generally of the significant environmental effect(s)
of a project, identify possible ways to minimize the significant effects, and describe reasonable
alternatives to the project. The public agency shall consider the information in the EIR along with
other information that may be presented to the agency (CEQA Guidelines Section 15121(a)).
• Standards for Adequacy of an EIR. An EIR should be prepared with a sufficient degree of analysis
to enable decision makers to make an intelligent decision that takes account of environmental
consequences. An evaluation of the environmental effects of a proposed project need not be
exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably
feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should
summarize the main points of disagreement among the experts. The courts have looked not for
City of Tustin 2-1
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February 2018
Downtown Commercial Core Specific Plan 2. Introduction
perfection but for adequacy, completeness, and a good faith effort at full disclosure (CEQA
Guidelines Section 15151).
As a public disclosure document, the purpose of an EIR is not to recommend either approval or denial of a
project, but to provide information regarding the physical environmental changes that would result from an
action being considered by a public agency to aid in the agency's decision-making process.
2.2 EIR PROCESS
Notice of Preparation/Initial Study
Pursuant to the requirements of CEQA, the City of Tustin, as Lead Agency, prepared a Notice of
Preparation (NOP)/Initial Study for the proposed Specific Plan Project, and was distributed on August 1,
2016 for a 30 -day public review and comment period that ended on August 31, 2016. The NOP/Initial
Study requested members of the public and public agencies to provide input on the types of environmental
analyses that should be included in the EIR being prepared. Comments received on the NOP/Initial Study
are included in Appendix A and summarized in Table 2-1, which also includes a reference to the EIR
section(s) in which issues are addressed.
Table 2-1: Summary of NOP/Initial Study Comment Letters
Comment Letter and Comment I Relevant EIR Section
California Office of Planning and Research, August 1, 2016
The letter is a notice that provides a copy of the Notice of Preparation 1.0 Introduction
(NOP) and a list of agencies that were distributed copies for review and
comment. The letter also states that the NOP public review period begins
on August 1, 2016 and ends on August 31, 2016.
Rancho Santiago Community College District, August 1, 2016
The letter states that the District has facilities in the city but not within the 1.0 Introduction
project area and had no comments; and would like to be notified of
additional project activities.
California Native American Heritage Commission, August 4, 2016
This letter provides statutory requirements related to Native American 5.3 Cultural Resources;
resources and Tribal Consultation. In addition, the letter provides 5.10 Tribal Cultural Resources
recommendations for the assessment of cultural resources.
South Coast Air Quality Management District, August 4, 2016
The letter references the SCAQMD's CEQA Air Quality Handbook, and 5.2 Air Quality
recommends using the methodologies therein to evaluate impacts of the
Specific Plan, including use of the CaIEEMod model, recommended regional
significance thresholds, and localized significance thresholds or dispersion
modeling. In addition, the letter comments that an evaluation related to
locating sensitive receptors near freeways Is needed. Copies of the
analysis including technical documents showing emissions calculations,
assumptions and modeling files are requested. A mobile health risk
assessment is recommended, as is use of the California Air Resources Board
(CARB) land use compatibility guidance. Impacts associated with
implementing mitigation measures are also recommended.
Orange County Fire Authority, August 11, 2016
The letter states that the Orange County Fire Authority provides services to 5.13 Mandatory Findings
the project area and had no comments.
Tony Coco, August 14, 2016
These comments relate to operational noise and land use compatibility, 5.2 Air Quality
and also suggest routing heavy trucks around the study area to diminish 5.5 Land Use Planning
noise and pollution factors. 5.6 Noise
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Downtown Commercial Core Specific Plan 2. Introduction
Comment Letter and Comment Relevant EIR Section
5.9 Transportation and Circulation
California Department of Transportation, August 23, 2016
This letter requests that the Traffic Impact Analysis (TIA) use the Caltrans 5.9 Transportation and Circulation
Guide for the Preparation of Traffic Studies and the Highway Capacity
Manual (HCM) 2010 methodology. The comment also states that Caltrans
fosters improved mobility and reduced dependence on single -occupant
vehicles. In addition, the letter states that an encroachment permit is
needed for any work within the State Highway rights of way, and requests
that the department be kept informed of the project.
City of Irvine, August 23, 2016
This letter states that the traffic impact analysis for the proposed project 5.9 Transportation and Circulation
should include the intersections along Newport Avenue between Irvine
Boulevard and the 1-5 Freeway on and off -ramps, and the intersection of
Red Hill Avenue and Irvine Boulevard. In addition, the letter requests
opportunity to review the Draft EIR.
Orange County Public Works, August 31, 2016 1
This letter states that the project has the potential to impact Orange
County Flood Control District facilities due to increased stormwater runoff
and that the City of Tustin is responsible for reviewing and approving
hydrology analyses for future developments. The letter also inquires
about impacts to an off-road bikeway along Newport Avenue, and
suggests four traffic intersections for further analysis in the traffic impact
Southern California Gas Company, September 8, 2016
This letter states that the Southern California Gas Company has facilities in
the project area, which could be extended to serve the project without any
significant impact on the environment, pursuant to the existing laws and
regulations.
Public Scoping Meeting
5.9 Transportation and Circulation
5.1 1 Utilities and Service Systems
Initial Study (DEIR Appendix A)
1.0 Introduction
Initial Study (DEIR Appendix A)
Pursuant to Section 15082 (c) (1) of State CEQA Guidelines, the City of Tustin hosted a public scoping
meeting for members of the public and public agencies to provide input as to the scope and content of the
environmental information and analysis to be included in the EIR for the proposed Specific Plan. The
scoping meeting was held on August 16, 2016 at 3:00 p.m. in the City of Tustin Library, located at 345 E.
Main Street. A summary of the issues that members of the public raised at the scoping meeting is presented
below.
• Water availability
• Parking
• Pedestrian access
• Recreation and Parks
Scope of this EIR
Impacts Found Not to Be Significant. Based upon the Initial Study, the City of Tustin determined that an
EIR should be prepared for the proposed Specific Plan. The scope of the EIR was determined based upon
the Initial Study, and comments received in response to the NOP/Initial Study, as previously listed. Pursuant
to Sections 15126.2 and 15126.4 of the State CEQA Guidelines, this EIR will identify any potentially
significant adverse impacts and recommend mitigation that would reduce or eliminate these impacts to
levels of insignificance.
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Downtown Commercial Core Specific Plan 2. Introduction
In addition, CEQA Guidelines Section 15126.2(a) states that "[a]n EIR shall identify and focus on the
significant effects on the environment", and CEQA Guidelines Section 15063(a)) allows the use of an Initial
Study to document project effects that are less than significant. Furthermore, CEQA Guidelines Section
15128 requires that an EIR contain a statement briefly indicating the reasons that various possible effects
of a project were determined not to be significant, and were therefore not discussed in detail in the EIR.
The NOP/Initial Study (included as Appendix A) prepared for the proposed Specific Plan project
determined that the environmental issues listed below would have no impact or have a less than significant
impact. With exception of aesthetics impacts a) and c), they have not been further analyzed in the EIR.
Refer to Appendix A of this EIR for a detailed explanation of the basis of these conclusions.
Table 2-2 lists the environmental issues per Appendix G of State CEQA Guidelines that were found to
result in no impacts or less than significant impacts from implementation of the proposed Specific Plan.
Table 2-2: Impacts Found Not to Be Significant
Environmental Issue Initial Study Determination
Aesthetics. Would the project:
a) Have a substantial adverse effect on a scenic vista?
No Impact
b) Substantially damage scenic resources, including, but not limited to, trees,
No Impact
rock outcroppings, and historic buildings within view from a state scenic
highway?
c) Substantially degrade the existing visual character or quality of the site and
Less than Significant Impact*
its surroundings?
d) Create a new source of substantial light or glare which would adversely
Less than Significant Impact
affect day or nighttime views in the area?
Agriculture and Forest Resources. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
No Impact
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
No Impact
contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined
No Impact
in Public Resources Code section 12220(g)), timberland (as defined by
Public Resources Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section 51 104 (g))?
d) Result in loss of forest land or conversion of forest land to non -forest use?
No Impact
e) Involve other changes in the existing environment which, due to their location
No Impact
or nature, could result in conversion of Farmland to non-agricultural use or
conversion of forest land to non -forest use?
Air Quality. Would the project:
e) Create objectionable odors affecting a substantial number of people? No Impact
Biological Resources. Would the project:
a) Have a substantial adverse effect, either directly or through habitat No Impact
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 No Impact
natural community identified in local or regional plans, policies, regulations,
or by the California Department of Fish and Game or US Fish and Wildlife
Service?
c) Have a substantial adverse effect on federally protected wetlands as No Impact
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?
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Downtown Commercial Core Specific Plan 2. Introduction
Environmental Issue
Initial Study Determination
d) Interfere substantially with the movement of any native resident or migratory
Less than Significant Impact
fish or wildlife species or with established native resident or migratory
No Impact
wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources,
No Impact
such as a tree preservation policy or ordinance?
No Impact
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural
No Impact
Community Conservation Plan, or other approved local, regional, or state
Less than Significant Impact
habitat conservation plan?
No Impact
Cultural Resources. Would the project:
c) Directly or indirectly destroy a unique paleontological resource or site or Less than Significant Impact
unique geologic feature?
d) Disturb any human remains, including those interred outside of formal Less than Significant Impact
cemeteries?
Geoloav and Soils. Would the oroiect:
a) Expose people or structures to potential substantial adverse effects, including
Less than Significant Impact
the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent
No Impact
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.
No Impact
ii) Strong seismic ground shaking?
Less than Significant Impact
iii) Seismic -related ground failure, including liquefaction?
Less than Significant Impact
iv) Landslides?
No Impact
b) Result in substantial soil erosion or the loss of topsoil?
Less than Significant Impact
c) Be located on a geologic unit or soil that is unstable, or that would become
Less than Significant Impact
unstable as a result of the project, and potentially result in on- or off-site
No Impact
landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform
Less than Significant Impact
Building Code, creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or
No Impact
alternative waste water disposal systems where sewers are not available
for the disposal of waste water?
No Impact
Hazards and Hazardous Materials. Would the nrniect:
a) Create a significant hazard to the public or the environment through the
Less than Significant Impact
routine transport, use, or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through
Less than Significant Impact
reasonably foreseeable upset and accident conditions involving the release
of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous
No Impact
materials, substances, or waste within one-quarter mile of an existing or
proposed school?
d) Be located on a site which is included on a list of hazardous materials sites
Less than Significant Impact
compiled pursuant to Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan
No Impact
has not been adopted, within two miles of a public airport or public use
airport, would the project result in a safety hazard for people residing or
working in the project area?
f) For a project within the vicinity of a private airstrip, would the project result
No Impact
in a safety hazard for people residing or working in the project area?
g) Impair implementation of or physically interfere with an adopted emergency
No Impact
response plan or emergency evacuation plan?
h) Expose people or structures to a significant risk of loss, injury or death
No Impact
involving wildland fires, including where wildlands are adjacent to
urbanized areas or where residences are intermixed with wildlands?
Hydrology and Water Quality. Would the project:
a) Violate any water quality standards or waste discharge requirements? Less than Significant Impact
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February 2018
Downtown Commercial Core Specific Plan 2. Introduction
Environmental Issue
Initial Study Determination
b) Substantially deplete groundwater supplies or interfere substantially with
Less than Significant Impact
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
No Impact
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
No Impact
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?
No Impact
d) Substantially alter the existing drainage pattern of the site or area, including
Less than Significant Impact
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
No Impact
existing or planned stormwater drainage systems or provide substantial
additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
No Impact
g) Place housing within a 100 -year flood hazard area as mapped on a
No Impact
federal Flood Hazard Boundary or Flood Insurance Rate Map or other
flood hazard delineation map?
h) Place within a 100 -year flood hazard area structures which would impede or
No Impact
redirect flood flows?
i) Expose people or structures to a significant risk of loss, injury or death
Less than Significant Impact
involving flooding, including flooding as a result of the failure of a levee or
dam?
j) Inundation by seiche, tsunami, or mudflow?
No Impact
Land Use and Planning. Would the project:
a) Physically divide an established community? No Impact
c) Conflict with any applicable habitat conservation plan or natural community No Impact
conservation plan?
Mineral Resources. Would the project:
a) Result in the loss of availability of a known mineral resource that would be of No Impact
value to the region and the residents of the state?
b) Result in the loss of availability of a locally -important mineral resource No Impact
recovery site delineated on a local general plan, specific plan or other land
use plan?
Mineral Resources. Would the project:
e) For a project located within an airport land use plan or, where such a plan No Impact
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 No Impact
people residing or working in the proiect area to excessive noise levels?
Noise
e) For a project located within an airport land use plan or, where such a plan
No Impact
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
No Impact
people residing or working in the project area to excessive noise levels?
Population and Housing. Would the project:
b) Displace substantial numbers of existing housing, necessitating the
No Impact
construction of replacement housing elsewhere?
c) Displace substantial numbers of people, necessitating the construction of
No Impact
replacement housing elsewhere?
Public Services. Would the project:
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February 2018
Downtown Commercial Core Specific Plan 2. Introduction
Environmental Issue
Initial Study Determination
a) 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?
Less than Significant Impact
Police Protection?
Less than Significant Impact
Schools
Less than Significant Impact
Parks?
Less than Significant Impact
Other Public Facilities?
Less than Significant Impact
Recreation. Would the
al vvouia Tne project increase Tne use oT existing neigntDornooa ana regional Less Tnan �)ignrticam impacT---
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 Less than Significant Impact*
expansion of recreational facilities which might have an adverse physical
effect on the environment?
Transportation and Traffic. Would the project:
c) Result in a change in air traffic patterns, including either an increase in traffic No Impact
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 No Impact
dangerous intersections) or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access? Less than Significant Impact
Utilities and Service Systems. Would the project:
c) Require or result in the construction of new storm water drainage facilities or No Impact
expansion of existing facilities, the construction of which could cause
significant environmental effects?
f) Be served by a landfill with sufficient permitted capacity to accommodate Less than Significant Impact
the project's solid waste disposal needs?
g) Comply with federal, state, and local statutes and regulations related to Less than Significant Impact
solid waste?
*These impact areas were carried forward after the NOP was circulated for public review, and were evaluated in EIR Section 5.1,
Aesthetics and Section 5.8, Recreation.
Impacts Found to Be Potentially Significant. Thirteen environmental factors have been identified as
potentially significant impacts if the proposed Specific Plan is implemented. Each of the following factors
are described and evaluated in Section 5.0:
• Aesthetics
• Air Quality
• Cultural Resources
• Greenhouse Gas Emissions
• Land Use and Planning
• Noise
• Population and Housing
• Recreation
• Transportation and Circulation
• Tribal Cultural Resources
• Utilities and Service Systems
• Energy Resources
• Mandatory Findings of Significance
Public Review of the Draft EIR
The City of Tustin filed a Notice of Completion with the Governor's Office of Planning and Research, State
Clearinghouse, indicating that this EIR has been completed and is available for review. A Notice of
City of Tustin 2-7
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 2. Introduction
Availability of the EIR was published concurrently with distribution of this document. The EIR is being
circulated for review and comment by the public and other interested parties, agencies and organizations
for 45 days in accordance with Section 15087 and Section 15105 of the CEQA Guidelines. During the 45 -
day review period, the Draft EIR will be available for public review at the City's website
(http://www.tustinca.org/depts/cd/planningupdate.asp) and the following location:
City of Tustin Planning Dept.
300 Centennial Way
Tustin, CA 92780
Written comments related to environmental issues in the Draft EIR should be addressed to:
Dana L. Ogdon, AICP, Assistant Director of Community Development
City of Tustin Community Development
300 Centennial Way
Tustin, CA 92780
Email: dogdon@tustinca.org
Final EIR
Upon completion of the 45 -day review period, written responses to all comments related to the
environmental issues in the Draft EIR will be prepared and incorporated into a Final EIR. The written
responses to comments will be made available at least 10 days prior to the public hearing at which the
certification of the Final EIR will be considered. These comments, and their responses, will be included in the
Final EIR for consideration by the City, as well as other responsible agencies per CEQA. The Final EIR may
also contain corrections and additions to the Draft EIR, and other information relevant to the environmental
issues associated with the project. The Final EIR will be available for public review prior to its certification
by the City. Notice of the availability of the Final EIR will be sent to all who responded to the NOP.
2.3 ORGANIZATION OF THIS DRAFT EIR
The Draft EIR is organized into the following Chapters. To help the reader locate information of interest, a
brief summary of the contents of each chapter of this Draft EIR is provided.
• Chapter 1 Executive Summary: This section provides a brief summary of the Specific Plan area,
the proposed project, and alternatives. The section also provides a summary of environmental
impacts and mitigation measures that lists each identified environmental impact, applicable project
design features, proposed mitigation measure(s) (if any), and the level of significance after
implementation of each mitigation measure. The level of significance after implementation of the
proposed mitigation measure(s) will be less than significant, or significant and unavoidable.
• Chapter 2 Introduction: This section provides an overview of the purpose and use of the EIR, the
scope of this EIR, a summary of the legal authority for this EIR, a summary of the environmental
review process, and the general format of the document.
• Chapter 3 Project Description: This section provides a detailed description of the proposed
Specific Plan project, its objectives, and a list of project -related discretionary actions.
• Chapter 4 Environmental Setting: This section provides a discussion of the setting (existing
conditions) of the Specific Plan area.
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February 2018
Downtown Commercial Core Specific Plan 2. Introduction
• Chapter 5 Environmental Impact Analysis: This section includes a summary of adopted
regulations that the project would be required to comply with, which would reduce potential
adverse impacts; the environmental impact evaluations, including potential cumulative impacts that
could result from the proposed Specific Plan; any related project design features; standard
conditions and plans, policies, and programs that could reduce potential impacts; and the
mitigation measures that would reduce or eliminate the adverse impacts identified. Impacts that
cannot be mitigated to less than significant are identified as significant and unavoidable.
• Chapter 6 Alternatives: This section describes and analyzes a reasonable range of alternatives to
the proposed Specific Plan project. The CEQA-mandated No Project Alternative is included along
with alternatives that would reduce one or more significant effects of the proposed Specific Plan.
• Chapter 7 EIR Preparers and Persons Contacted: This section lists authors of the Draft EIR and
City staff that assisted with the preparation of this document.
2.4 INCORPORATION BY REFERENCE
In accordance with Section 15150 of the CEQA Guidelines and to reduce the size of the report, the
following documents are hereby incorporated by reference into this EIR and are available for public
review on the City's website (http://www.tustinca.org) and at the City of Tustin Community Development
Department, 300 Centennial Way, Tustin, CA 92780. A brief summary of the scope and content of these
documents is provided below.
City of Tustin General Plan: The most recent update to the City's General Plan was the amendment to the
Housing Element, which was adopted in 2013. The General Plan serves as the blueprint for future growth
and development. As a blueprint for the future, the plan contains policies and programs designed to
provide decision makers with a basis for all land use related decisions. The General Plan incorporates all
required elements as follows: Land Use, Housing, Conservation/Open Space/Recreation, Noise, Circulation,
Public Safety and a locally mandated element, Growth Management.
Tustin City Code: The Tustin City Code implements federal and state planning, zoning, development,
subdivision, and environmental laws; and guides the orderly development of the City in a manner that
promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its
inhabitants. The Zoning Code is included as Title 9, Chapter 2 of the Tustin City Code, and guides the land
uses, in compliance with General Plan goals, objectives, and policies. The Zoning Code and Tustin City
Code are utilized and cited throughout this document as regulations governing development and land use
activities within the City.
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Downtown Commercial Core Specific Plan 2. Introduction
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I Project Description
3.1 INTRODUCTION
The proposed Tustin Downtown Commercial Core Specific Plan ("DCCSP" or "Specific Plan") is a City -
initiated planning and regulatory framework document that has been prepared to provide a clear vision
for development within the 220 -acre Downtown Commercial Core (DCC) area. The proposed DCCSP has
been developed with the overarching intent to preserve and enhance the area as a vital, pedestrian -
friendly, and attractive commercial core and mixed-use enclave. The DCCSP would guide future
development of the downtown area to generate a walkable environment that would preserve the historic
charm of Old Town and spur transformation of surrounding areas into an attractive, lively, and
economically healthy commercial and mixed-use core where people can live, work, shop, dine, and relax in
a unique pedestrian friendly atmosphere.
Opportunities exist within the area covered by the Specific Plan to allow significant potential for infill
development and adaptive reuse of existing under-utilized structures to better serve the downtown area
and generate new investment. The DCCSP provides development regulations, design criteria, and
strategies to implement the objectives listed below.
3.2 STATEMENT OF PROJECT OBJECTIVES
The following identifies the Lead Agency's project objectives, including the underlying purpose of the
project, pursuant to State CEQA Guidelines Section 15124(b), which requires an EIR to include a
"statement of objectives sought by the proposed project." As noted in CEQA Guidelines Section 15124(b),
a "clearly written statement of objectives will help the lead agency develop a reasonable range of
alternatives to evaluate in the EIR and will aid the decision makers in preparing findings."
Project Objectives
The project objectives and underlying purpose of the proposed project are derived from the DCCSP Goals
and Vision Statements, as follows:
1. Bolster an economically vibrant and active downtown environment through introduction of mixed
uses.
2. Draw more patrons and expand walkability through enhanced pedestrian -oriented commercial
first floor development.
3. Introduce a sufficient level of high-quality, integrated residential mixed use, and focused
multifamily development to invigorate Old Town Tustin.
4. Transform streets and create neighborhood connectivity through pedestrian -oriented
improvements.
5. Differentiate Old Town Tustin by embracing its unique historic downtown character.
6. Maintain a commercial focus for the project area.
7. Create additional integrated public spaces to serve existing and future residents and visitors, and
to provide opportunities for community events, interaction, and strengthening the area's sense of
community.
City of Tustin 3-1
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 3. Project Description
3.3 PROJECT LOCATION AND PLAN AREA CHARACTERISTICS
City of Tustin
Tustin is located in central Orange County, California, 12 miles inland from the Pacific Ocean, and is
considered part of the greater Los Angeles metropolitan area. Tustin is located approximately two miles
north of Orange County's John Wayne Airport and is transected by Interstate 5 (1-5) and State Route 55
(SR -55). The City of Tustin and the adjacent jurisdictions characterize the urbanized core of Orange
County.
Specific Plan Area
The Specific Plan area is within the City of Tustin, Orange County, California. See Figure 3-1, Regional
Vicinity Map. The 220 -acre Specific Plan area is generally located northeast of the 1-5 at the SR -55
interchange; and is centered around the intersection of Main Street and EI Camino Real. The Planning Area
is generally bound by 1-5 to the south and SR -55 to the west. First Street generally defines the northern
edge of the Planning Area, and includes parcels along the north side of First Street. Newport Avenue and
parcels along the east side of Newport Avenue generally define the eastern boundary. The Specific Plan
area excludes two residential neighborhoods located along Prebble Drive/E. Second Street and Ambrose
Lane/Platt Way, as shown in Figure 3-2, Specific Plan Area Boundary Map.
In addition, as shown on Figure 3-2, the Specific Plan area consists of six Development Areas (DA's), with
DA -6 split into three subareas (6A, 613, 6C). The Development Areas are based upon the character and
land uses of the existing built environment, and the planned uses within the DCCSP.
Existing General Plan Land Use Designations
The majority of the Specific Plan area is currently designated with the land uses PCCB (Planned Community
Commercial/Business) and OTC (Old Town Commercial), as adopted in the 2013 Tustin General Plan. The
remainder of the Specific Plan area includes the land use designations MHP (Mobile Home Park), PO
(Professional Office), CC (Community Commercial), I (Industrial), and PI (Public and Institutional). The
existing land uses are shown in Figure 3-3, Existing Land Use Plan, and a description of the existing land
use categories is provided in Table 3-1, Existing Land Use Categories.
Table 3-1: Existing Land Use Categories
Categories
Land Use Designation Summary Description
CC (Community Commercial)
Includes retail, professional office, and service-oriented business
activities serving a community -wide area and population.
I (Industrial)
A mix of industrial and office uses such as wholesale businesses, light
manufacturing, storage, distribution and sales, research and
development uses.
MHP (Mobile Home Park)
Mobile Home Park development that allows up to 10 dwelling units
per acre with an average of 2.24 persons per dwelling unit.
OTC (Old Town Commercial
Includes retail, professional office, and service-oriented business
activities serving Old Town and surrounding areas. (May also
include high density residential).
City of Tustin 3-2
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
3. Project Description
Categories
Land Use Designation Summary Description
PCCB (Planned Community
Community commercial, professional office, and industrial land uses.
Commercial/Business)
PI (Public and Institutional)
Public and private uses such as schools, churches, City Hall, flood
control channels, reservoirs, communication, utility substations, and
recreation/open spaces including such uses as parks, golf courses,
and designated open space.
PO (Professional Office)
Primarily single tenant or multi -tenant offices that include legal and
medical services, financial institutions, corporate and government
offices, and other supporting uses.
Existing Zoning Designations
The Specific Plan area currently has the following zoning designations: SPI 0 (First Street Specific Plan), PI
(Public and Institutional), C2 (Central Commercial), C1 (Retail Commercial), CG (General Commercial), PC
COM (Planned Community Commercial), PM (Planned Industrial), MHP (Mobile Home Park), PC RES
(Planned Community Residential), and PR (Professional). Figure 3-4, Existing Zoning Map, depicts the
existing zoning designations.
Existing Overlay Districts
First Street Specific Plan
The First Street Specific Plan (SPI 0) area is located within the Specific Plan area. The primary intent of the
First Street Specific Plan is to continue commercial retail, service, and office uses, including some
commercial mixed-use projects. Implementation of the project would include a rescission of the First Street
Specific Plan, and replacement of its regulations with those of the proposed Specific Plan.
Cultural Resources District
Residential Guidelines. The Cultural Resources District (CRD) Residential Design Guidelines apply to new
residential projects or modifications to existing historical residential homes in the CRD. There are some
designated cultural resources located outside the CRD but within the Specific Plan boundaries for which
these design guidelines would be applicable. The CRD boundary and its relationship to the Specific Plan
area boundary is shown in Figure 3-5, Cultural Resources District Boundary.
Commercial Design Guidelines. Similar to the CRD Residential Design Guidelines, the CRD Commercial
Design Guidelines apply to new commercial projects or modifications to existing historical commercial
buildings. There are some designated cultural resources located outside the CRD but within the Specific
Plan boundaries for which these design guidelines would be applicable.
Parking Overly District
The City of Tustin has established parking code requirements for off-street parking, as well as a Parking
Overlay District that allows the City to offer modification of certain off-street parking requirements under
certain circumstances. The existing parking overlay district boundaries, and their relationship to the Specific
Plan boundaries, are shown in Figure 3-6: Parking Overlay District.
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February 2018
Downtown Commercial Core Specific Plan
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3. Project Description
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Downtown Commercial Core Specific Plan 3. Project Description
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Figure 3-1: Regional Vicinity Map
City of Tustin 3-5
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February 2018
Downtown Commercial Core Specific Plan
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3. Project Description
City of Tustin 3-6
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Downtown Commercial Core Specific Plan
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3. Project Description
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Downtown Commercial Core Specific Plan
IRVINE RpULEVARO
Legend LAND USES IN THE PLANNING AREA
C::] Planning Area
CC -Community Commercial
DA 1 -First Street West
OTC -Old Town Commerciaf
DA 2 -First Street Old Town
MHP - Mobile Home Park
DA 3 -First Street East
PI-Public/Institutional
DA 4-01d Town Tustin
PO - Professional Office
DA 5 -New ort Avenue
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DA 6 -South of Sixth Street
I -Industrial
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Figure 3-3: Existing Land Use Plan
ADJACENT LAND USES NOT INCLUDED IN THE PLANNING AREA
LDR-Low Density Residential
MDR -Medium Density Residential
HDR -High Density Residential
3. Project Description
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Downtown Commercial Core Specific Plan
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3. Project Description
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Downtown Commercial Core Specific Plan
IRVINE RM - ARID
Legend
[::] Planning Area
DA 1 -First Street West
DA 2 -First Street Old Town
DA 3 -First Street East
DA 4 -Old Town Tustin
DA 5 -Newport Avenue
DA 6 -South of Sixth Street
Figure 3-4: Existing Zoning Map
ZONES IN THE PLANNING AREA
C1 - Retail Commercial
C2 - Central Commercial
CG - Commercial General
PC COM - Planned Community Commercial
PR - Professional
i PM - Planned Industrial
P&I - Public and Institutional
MHP Mobile Home Park
PC RES - Planned Community Residential
First Street Specific Plan (SP10)
ADJACENT ZONES NOT INCLUDED IN THE PLANNING AREA
R1 - Single Family Residential
R2 - Duplex Residential
R3 - Multiple Family Residential
PD - Planned Development
Yorba Street Specific Plan (SP9)
3. Project Description
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Downtown Commercial Core Specific Plan
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3. Project Description
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Downtown Commercial Core Specific Plan
■ ■■■■■■■■�� ■■■■■■��IF BOULEVARD ■
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Figure 3-5: Cultural Resources District Boundary
3. Project Description
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Downtown Commercial Core Specific Plan
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3. Project Description
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Downtown Commercial Core Specific Plan
191-
IRVINE BOULEVARD
Legend
Parking Overlay District
Planning Area
Figure 3-6: Parking Overlay District
,III
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3. Project Description
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Downtown Commercial Core Specific Plan 3. Project Description
3.4 PROJECT CHARACTERISTICS
"Project," as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15378(a),
means "the whole of an action, which has a potential for resulting in either a direct physical change in the
environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of
the following: (1) ... enactment and amendment of zoning ordinances, and the adoption and amendment of
local General Plans or elements thereof pursuant to Government Code Sections 65100-65700." The
CEQA Guidelines further explain that a project refers to the activity that is being approved and that may
be subject to several discretionary approvals by governmental agencies (Section 15378[c]).
3.4.1 Project Description
The proposed Specific Plan establishes the long-term vision and objectives for land use development and
public improvements within Tustin's downtown. This vision is to introduce mixed uses that expands
walkability through pedestrian -oriented first floor development; establish residential mixed use and multi-
family development; transform streets through pedestrian -oriented improvements; draw more patrons to
Old Town by embracing its unique historic character; and maintain a commercial focus along the majority
of Newport Avenue. The Specific Plan establishes permitted uses, development standards and design
criteria regulating and guiding site planning, building design, parking, architectural treatment,
landscaping, and circulation improvements for each DA.
Implementation of the proposed Specific Plan would require the following discretionary approvals:
• General Plan Land Use Amendment to re -designate land uses within the Specific Plan area from the
seven existing land use designations (discussed in Table 3-1, above) to "DCCSP - Downtown
Commercial Core Specific Plan," including text amendments and map updates.
• Zoning Change to modify the zoning in the Specific Plan area from the ten different zoning
designations currently in effect (discussed in Section 4.0, Environmental Setting) to a new zoning
designation of "DCCSP - Downtown Commercial Core Specific Plan (SP -12)," including text
amendments and map updates'.
• General Plan Circulation Element Amendment to be consistent with the proposed circulation changes
resulting from conceptual planned improvements to Main Street, First Street, Second Street and Third
Street.
• Rescission of First Street Specific Plan
• Rescission of Planned Community for Tustin Village, Tustin Plaza, 13682 Newport Avenue,
Blockbuster Music Plaza and Ambrose Lane Area B.
Land Use Plan
The Land Use Plan introduces integrated residential mixed use through a discretionary entitlement, and
delineates a range of land use designations promoting shopping, dining, entertainment, employment, and
living in a mixed use, pedestrian -friendly setting focused around the historic Old Town. As shown in Figure
3-2, Specific Plan Area Boundary Map, the Specific Plan is divided into six Development Areas (DA's), which
generally reflect differences in the character of the built environment. DA -6 is further divided into
subareas A, B, and C.
1 Two Planned Communities within the Planning Area (Prospect Village live/work project and the Vintage multi -family
residential project) would also be redesignated to "DCCSP - Downtown Commercial Core Specific Plan" but their uses
and development standards shall continue to be as governed by their original approval ordinances.
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Downtown Commercial Core Specific Plan
Residential Uses
3. Project Description
The proposed Specific Plan introduces residential (multifamily and mixed use) as an economic engine to
invigorate the businesses within the Specific Plan area by increasing the area's population base and
demand for goods and services. Multifamily residential use within the Specific Plan is not permitted by
right but requires approval of a discretionary entitlement. The Specific Plan establishes a residential
housing bank with a maximum of 887 new dwelling units that may be developed within the Specific Plan
area. Residential projects, whether vertical or horizontal mixed use or multifamily development, require an
initial step to reserve units from the housing bank. This initial step is the approval of a Residential
Allocation Reservation (RAR). Residential projects would then also require City Design Review approval, as
well as any other necessary entitlements such as subdivision maps or conditional use permits. The 887 units
are allocated by DA, as provided in Table 3-2, Residential Housing Bank.
Table 3-2 also provides the total number of dwelling units that may be transferred into each DA, through
approval of a RAR, which shall not exceed 25 percent of the original DA unit allocation. Transferred units
shall be deducted from the donating DA(s) so that the maximum number of new dwelling units within the
Specific Plan would not exceed 887 units. Existing residences are present within the Specific Plan
boundaries; however, they are not included in Table 3-2, and may be rebuilt, remodeled, or increased in
size as provided for in the Tustin City Code (TCC). The Vintage Planned Community is an approved, but
unbuilt, 140 -unit residential project within the boundaries of the Specific Plan, which is included in the
Residential Housing Bank's maximum number of dwelling units.
Table 3-2: Residential Housing Bank
Development Area
(DA)
Initial Allotment of
Dwelling Units
Maximum Number of Units
That May Be Transferred into
Receiving DA and Deducted
from Donating DA(s)
DA -1
45
11
DA -2
92
23
DA -3
200
50
DA -4
150
38
DA -5
0
0
DA -6
400
100
Total
887
222
In addition to the residential uses, the proposed Specific Plan is anticipated to result in approximately
300,000 square feet of non-residential (commercial/office) space to be developed/redeveloped on
vacant and underutilized parcels, within the land use categories described below by build out year
(2035). The nonresidential square footage is within the existing General Plan's buildout assumptions for the
Specific Plan area.
Proposed Land Use Designations
The proposed Specific Plan would re -designate the Specific Plan area into six new land use categories, as
shown in Table 3-3, Land Use Categories and Figure 3-6, Proposed Land Use Plan. The proposed Specific
Plan allows for similar uses and intensities as previously -allowed commercial and office intensity, and
introduces the option to include residential intensity.
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Downtown Commercial Core Specific Plan
Table 3-3: Land Use Categories
3. Project Description
Title
Description
Downtown Mixed Use (DM)
The DM land use designation applies to the parcels located on both sides of
First Street from the 55 Freeway on the west to Newport Avenue on the east,
generally on both sides of EI Camino Real south of Sixth Street, and on the
southwest side of EI Camino Real east of Newport Avenue. The DM designation
is divided into five subcategories (DM(1)-DM(5)) based on characteristics
including location, proximity to adjacent uses/zones such as residential, and
parcel size, which impact allowable uses. The DM designation includes the
greatest flexibility of uses, providing for retail, service, office, food service,
medical, hospitality, and auto service uses. Residential use is allowed in an
integrated mixed use format (either vertical or horizontal), subject to the
approval of a discretionary RAR.
Old Town (OT)
The OT land use designation applies to the blocks located primarily between C
Street on the west and Prospect Avenue on the east, from below the First Street
frontage on the north to Sixth Street on the south. The OT designation provides
for retail, service, office, food service, medical, and hospitality uses. Automotive
uses are not allowed within Old Town. Mixed use residential buildings are
allowed only if a discretionary RAR is approved, with commercial uses on the
ground floor and residential uses above when in a vertical setting. Integrated
horizontal mixed use is also allowed.
Downtown Commercial (DC)
The DC land use designation applies to Newport Avenue from First Street on
the north to EI Camino Real on the south (except for Larwin Square, which abuts
First Street and west of Newport Avenue which is designated DM). The DC land
use designation provides for retail, service, office, food service, medical,
hospitality, and auto service uses. Residential uses are not allowed within the
DC land use designation. The primary intent for Newport Avenue is to remain a
commercial thoroughfare.
Civic/Institutional (CI)
The Cl land use designation provides for a range of civic, public, and
institutional uses, and is applied to Peppertree Park, the Tustin Area Senior
Center, the Tustin Unified School District administration offices, Tustin
Presbyterian Church, and Tustin Community Preschool, which are located on the
west side of C Street between First Street and Main Street. The designation
applies to the City of Tustin Main Street Water Facility, Tustin Branch Library,
and Tustin Civic Center, which are located on Main Street between Prospect
Avenue and Centennial Way. This designation also applies to the United States
Post Office facility that fronts on First Street with parking lot access from
Prospect Avenue and the Tustin Hacienda Silverado Memory Care facility
located on Third Street east of Prospect Avenue. Finally, a small parcel located
on the west side of EI Camino Real between Main and Sixth Streets is
designated Cl.
Multi -Family (MF)
The MF land use designation applies to the parcels located on the south side of
Sixth Street west of B Street. The MF designation provides for multifamily
residential use with approval of a discretionary entitlement, which entails the
initial step to reserve units from the housing bank. Residential projects also
require design review as well as any other necessary entitlements such as
subdivision maps. Commercial uses are not allowed within the Multi -family land
use designation (except for home occupations per the TCC). Parcels with a MF
designation are permitted one unit by right with administrative design review,
provided the unit is deducted from the residential unit bank.
City of Tustin 3-19
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
3. Project Description
Title
Description
Mobile Home (MH)
The MH land use designation applies to a portion of the east side of Prospect
Avenue north of Third Street. The MH designation provides for mobile homes
within a mobile home park which is the existing use.
City of Tustin 3-20
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
`
I RVIN EEO UhEVAR6 IRVINE BOULEVARD
IRVINE BOULEVARD _ Be I I I
CORLAAVENOL
Legend
Downtown Mixed Use (DM) including subareas DM(1) to DM(5)
PF Mobile Home (MH) Multi -Family (MF) Old Town (OT)
0
Downtown Commercial (DC)
Civic/Institutional (CI)
3. Project Description
Figure 3-7: Proposed Land Use Plan
City of Tustin 3-21
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Downtown Commercial Core Specific Plan
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3. Project Description
City of Tustin 3-22
Draft EIR
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Downtown Commercial Core Specific Plan
Development Areas
3. Project Description
The Specific Plan establishes six DA's used to identify and describe the distinct urban design vision for the
various portions of the DCCSP area. The six DA's, including the three subareas (DA -6A, DA -6B, and DA -
6C), are utilized to describe the urban design vision for the DCCSP presented below and illustrated in
Figure 3-8, Urban Design Plan.
Development Areas 1 and 2: DA's 1 and 2 consist of the northwestern portion of the Planning Area and
include the First Street roadway corridor. The boundaries of DA -1 stretch along First Street from the 55
Freeway to C Street and DA -2 extends along First Street from C Street to Centennial Way. DA's 1 and 2
provide an entrance into Old Town, fostering a smooth transition with DA -4. The DCCSP vision for DA -1
and DA -2 is to provide an eclectic mix of retail, services, offices, restaurants, medical services, and
hospitality. Auto services are prohibited in DA -1 but allowed in DA -2.
Residential mixed use approved through a discretionary permit are allowed in a vertical format on upper
floors of two and three-story buildings, with commercial use provided on the ground floor. Because most
parcels within the western portion of First Street are small, the Specific Plan establishes a maximum
building or tenant size of 10,000 square feet in DA -1 to encourage pedestrian orientation.
The proposed Specific Plan also includes a more pedestrian street transformation with improvements
planned to First Street that would reduce the number of traffic lanes and lane widths, add street parking,
a bike lane, and expanded pedestrian sidewalk, detailed in the Circulation Section below.
Development Area 3: DA -3 is located along the eastern portion of First Street approximately between
Centennial Way to Newport Avenue. DA -3 includes large parcels, which could be used for mixed-use,
shopping emphasis, gathering, and entertainment uses. The urban design vision for DA -3 adjacent to
Newport Avenue includes commercial buildings with active ground floor uses or mixed use buildings with
commercial uses on the ground floor with residential uses above. Vertical and/or horizontal residential
mixed use is allowed up to four stories high.
Development Area 4: DA -4 consists of the Old Town commercial district, located between B Street on the
west extending east of Prospect Avenue, from south of the First Street frontage to Sixth Street. Old Town
formed the heart of founder Columbus Tustin's original city. Many historic buildings remain, concentrated
primarily at the intersection of Main Street and EI Camino Real. DA -4 is part of the Cultural Resources
District and properties within this district, as well as identified historic resources in other parts of the City,
are subject to the Cultural Resources District Commercial Design Guidelines and Residential Design
Guidelines. DA -4 contains vacant parcels that provide opportunity for revitalization with expanded range
of businesses in new commercial and mixed use development, with a maximum height of three stories. DA -4
allows new development consistent with the historic pedestrian -oriented pattern of the Old Town area to
encourage and provide extended walkability. As with DA -1, the Specific Plan establishes a maximum
building or tenant size of 10,000 square feet in DA -4 to encourage pedestrian orientation.
The proposed Specific Plan includes improvements to Main Street (spanning DA -4 and DA -5) that involve:
reducing the number of traffic lanes and lane widths, adding parking, a bike lane, an expanded
pedestrian sidewalk, and installing an entry arch spanning the street. The vision also includes creating
parklets on EI Camino Real to encourage gathering.
City of Tustin 3-23
Admin. Draft EIR
February 2018
Downtown Commercial Core Specific Plan 3. Project Description
Development Area 5: DA -5 includes clusters of large parcels along the east and west side of Newport
Avenue from First Street to EI Camino Real. DA -5 also includes Main Street from Newport Avenue to east
of Prospect Avenue. The proposed Specific Plan also includes improvements to Main Street (spanning DA -4
and DA -5) that involve: reducing the number of traffic lanes and lane widths, adding parking, a bike lane,
an expanded pedestrian sidewalk, and installing an entry arch spanning the street. A maximum building
height of four stories is proposed. The Specific Plan vision for DA -5 is to provide enhanced pedestrian
amenities such as outdoor dining, gathering areas, and walkways while maintaining its commercial focus. In
addition, a small parklet would be provided at the northern entrance to Tustin Plaza.
Development Area 6A: DA -6A encompasses the blocks on the south side of Sixth Street from 1-5 to B
Street. This DA includes an approved 140 -unit residential development, called Vintage, a self -storage
facility, the Tustin Boys and Girls Club, and a small church building. The urban design within this DA is to be
sensitive to the existing single-family residences on the north side of Sixth Street within the Cultural
Resources District by implementing historic architectural styles, articulated building mass, designing
buildings adjacent to Sixth Street to two stories adjacent to public streets, and allowing up to four stories
maximum for interior parcels away from the street, as well as adjacent to the 1-5 freeway. The vision for
this DA is to transition to entirely residential development.
Development Area 613: The boundaries of DA -613 include B Street on the west, Sixth Street on the north,
both frontages of EI Camino Real, 1-5 on the south, and Newport Avenue on the southeast. This DA provides
an entrance into Old Town, fostering a smooth transition with DA -4. DA -613 is intended to serve as a mixed-
use residential, shopping, gathering, and entertainment destination.
The urban design vision for DA -613 includes active ground floor buildings up to four stories high adjacent to
Newport Avenue and EI Camino Real and up to three stories on Sixth Street; and higher density near
freeway and interior parcels (up to five stories) In addition, development of the parcels clustered on the
west side of EI Camino Real would emphasis providing large public gathering area(s). Open space within
the mixed-use development on the west side of EI Camino Real would be provided by private open space
(e.g. balconies) and common open space, such as roof -top gardens and courtyard areas.
Development Area 60 DA -6C is bordered on the northeast by EI Camino Real, on the northwest by
Newport Avenue, and on the south by 1-5. This DA is envisioned for mixed use (likely horizontal, with
commercial clustered in the northwestern portion of the DA to keep the commercial focus along Newport
Avenue and residential in the remainder. Buildings along Newport Avenue and immediately adjacent to EI
Camino Real would be four stories or less, and up to five story buildings would be allowed adjacent to 1-5.
Circulation and Parking
The Specific Plan includes conceptual circulation plans and improvements for vehicles, pedestrians,
bicyclists, and transit users. It also provides strategies for meeting the parking needs within the Planning
Area by incorporating standards that allow for the modification of parking standards under certain
circumstances. The existing alternative parking standards from the Parking Overlay District have been
incorporated into the Specific Plan and apply throughout the Specific Plan area.
Roadways: The Specific Plan area is served by a network of existing roadways, which includes several
streets planned for improvement under the DCCSP to create "complete streets" in which the roadway
design gives pedestrians and bicyclists greater emphasis.
City of Tustin 3-24
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
3. Project Description
The proposed Specific Plan contains planned modifications to First and Main Streets, which are included in
the Master Plan of Arterial Highways (MPAH) administered by the Orange County Transportation
Authority (OCTA) to:
• Reclassify First Street from just east of State Route 55 to Newport Avenue, from a primary (four -
lane, divided) arterial to a divided collector (two-lane, divided) arterial; and
• Reclassify Main Street from the westernmost city limits to Newport Avenue, from a primary (four -
lane, divided) arterial to a divided collector (two-lane, divided) arterial.
Figure 3-9, Circulation Plan, illustrates the existing roadway system and highlights the planned
improvements to Main Street located in the center portion of the Specific Plan area, First Street in the
northern portion, and Second and Third Streets within Old Town, as described below.
City of Tustin 3-25
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February 2018
Downtown Commercial Core Specific Plan
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3. Project Description
City of Tustin 3-26
Draft EIR
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Downtown Commercial Core Specific Plan 3. Project Description
Draft EIR
February 2018
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City of Tustin
3-27
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
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3. Project Description
City of Tustin 3-28
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
3. Project Description
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City of Tustin 3-29
Draft EIR
February 2018
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Draft EIR
February 2018
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City of Tustin 3-29
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
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3. Project Description
City of Tustin 3-30
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 3. Project Description
Main Street
The proposed conceptual improvements to Main Street are shown in Figure 3-10 Main Street Conceptual
Improvements, and would:
■ Reduce the street from a four -lane roadway (two lanes in each direction) to a two-lane roadway
(one lane in each direction) with 14 -foot eastbound lane and 1 1 -foot westbound lane between
Prospect Avenue and Centennial Way.
■ Install landscaped center median.
■ Install on -street diagonal parking on the south side of the street, adjacent to a shopping center
and within walking distance of Old Town and commercial uses.
■ Install new on -street 3 -foot buffered bicycle lane (Class 2) on the north side of the street,
accessible from the existing off-street bicycle lane (Class 1) along the west side of Newport
Avenue.
■ Expand pedestrian sidewalk to provide an integrated bicycle lane and enhanced with decorative
pavement on the south side of the street.
■ Install bicycle lane on the south side of Main Street, as an integrated off-road bicycle lane (Class
1).
■ Align the Tustin Branch Library driveway on the north side of Main Street with the Tustin Plaza
driveway on the south, eliminating the existing conflicting vehicle turning movements and
facilitating pedestrian crossings. The aligned driveways would provide bulb outs that narrow the
roadway and a crosswalk with decorative pavement would be installed between the library and
Civic Center on the north, and Tustin Plaza on the south side of the street.
■ Install an entry arch spanning Main Street near the intersection with Centennial Way to identify
Old Town.
First Street
The proposed conceptual improvements to First Street, are shown in Figure 3-11, First Street Conceptual
Improvements and would:
■ Reduce the number of traffic lanes from four (two in each direction) to two (one in each direction)
and narrow the lane widths to 1 1 feet.
■ Expand the existing sidewalk and an on -street bicycle lane (Class 2) and
■ Install diagonal parking on both the north and south sides of the street,
■ Connect to the off- street Class 1 bicycle lane on Newport Avenue.
■ Install a 16 -foot landscaped median.
Second and Third Streets
Second and Third Streets are proposed to be changed from two-way to one-way streets, as shown in
Figures 3-11, Second and Third Street Conceptual Traffic Movements, 3-12, Second Street Conceptual Traffic
Movements and 3-13, Third Street Conceptual Traffic Movements. In addition, it is conceptually planned
that the on -street parking would be changed from parallel parking on both sides to diagonal parking on
one side, and landscaped bulb outs would be installed in the expanded sidewalks.
City of Tustin 3-31
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
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3. Project Description
City of Tustin 3-32
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Downtown Commercial Core Specific Plan
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Figure 3-10 Main Street Conceptual Improvements
3. Project Description
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City of Tustin 3-33
Draft EIR
February 2018
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Figure 3-10 Main Street Conceptual Improvements
3. Project Description
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EXISTING WISHING WELL
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REMOVE EXISTING CITRUS TREES TO
OPEN VIEW TO WISHING WELL
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City of Tustin 3-33
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
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3. Project Description
City of Tustin 3-34
Draft EIR
February 2018
w
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Downtown Commercial Core Specific Plan
3. Project Description
2nd and 3rd Streets Proposed Traffic Directionality
Permitted Turning Movements and Traffic Directionality
Figure 3-12: Conceptual Second and Third Street Traffic Movements
11
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11, 17.5' Bulb -Outs 34'
1 Travel Lane + Diagonal Parking
65' ROW
Figure 3-13: Second Street Conceptual Improvements
City of Tustin 3-36
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
r \�
3. Project Description
13.5' 4' 19'-10 1 s.5
Sidewalk Landscape Diagonal Parking Travel Lane {one way) Sidewalk
17.5' Bulb -Outs 34' 13.5'
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Figure 3-14: Third Street Conceptual Improvements
Bicycle Infrastructure: As described above, new Class 1 and, buffered Class 2 bicycle lanes would be
installed on Main Street, and new Class 2 bicycle lanes would be installed on First Street. In addition,
"Sharrow" bicycle lanes (Class 3), marked with on -street symbols but not striped, are proposed for the
following street segments:
• Main Street from B Street to Prospect Avenue
• EI Camino Real from First Street to Newport Avenue
• B Street between First Street and Sixth Street
• Prospect Avenue between First Street and Main Street
• Centennial Way between First Street and Main Street
• Sixth Street between B Street and Newport Avenue
Bicycle racks would be installed at regular intervals within the public right-of-way and within private
development, as part of the DCCSP Design Criteria.
Transit: Transit service within the Plan Area is currently provided along Newport Avenue, First Street, and
Centennial Way, with bus shelters located at select bus stops. Additional bus shelters would be provided
along existing routes, and new development along transit routes would be required to be sited for easy
access to transit stops and to provide connecting pedestrian walkways to promote transit use.
Parking: The Specific Plan includes mechanisms to address parking, including required on-site provisions,
reduced parking options, including incentives and opportunities for shared and joint use parking, parking
management strategies, and options for increased parking facilities.
Streetscape Improvements
Streetscape improvements include installation of benches, bicycle racks, trash receptacles, tree grates,
landscaping, and lighting to better define the character of the Specific Plan area. Street lighting would be
installed as a part of individual development projects, and would provide spatial definition to the
sidewalk, ambiance to neighborhood settings, and provision of security. The light fixtures shall adhere to
City of Tustin 3-37
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 3. Project Description
guidelines set forth by the TCC. In addition, the Specific Plan requires that lighting for non-residential uses
shall be appropriately designed, located, and shielded to ensure that they do not negatively impact the
residential uses in the development or any adjacent residential uses.
Implementation of the proposed Specific Plan would result in the installation of consistent monumentation
and wayfinding signs throughout the Specific Plan area.
Ficus Tree Replacement Program: Much of the street tree canopy in the Specific Plan consists of non-
native Indian Laurel Fig (Ficus microcarpa), which is a non-native tree that has invasive roots, and are
sometimes negatively affecting infrastructure within the Specific Plan area, including the penetration of
water and sewer pipes and uplifting sidewalk pavement, creating potentially unsafe conditions. Therefore,
the Specific Plan includes a program to gradually replace the existing Ficus trees with one tree species
identified in the Street Tree Palette, 48 -inch box sized or larger. The replacement of trees will follow a
systematic, phased tree replacement schedule to replace all alternating Ficus trees within the Specific Plan
area and then cycle back to replace the remaining Ficus trees.
Open Space
The DCCSP has conceptual plans to install public parklets within the right-of-way along EI Camino Real,
and on Main Street at the northern entrance to Tustin Plaza, that would consist of bulb -outs with enhanced
paving and low walls to create public gathering or seating areas adjacent to the sidewalk. Although the
current focus is to implement parklets on EI Camino Real and Main Street within the heart of Old Town,
expansion of the network of parklets to other areas within the DCC is envisioned and encouraged. In
addition, pocket parks that would contain pedestrian amenities such as seating, shade, trash/recycle
receptacles, and lighting are opportunities through public-private partnerships that the Specific Plan
encourages.
Design Criteria and Development Standards
The design criteria and development standards included in the Specific Plan address: architectural styles
for new development; building design, mass, and scale; roof forms; architectural details; lighting; window
and door styles; signage; materials and colors; requirements for service areas and parking lots;
landscaping; and open space. In addition, the Specific Plan includes design criteria specific to each DA to
achieve the urban design visions described previously.
Buildout of the Proposed Specific Plan
Buildout of the proposed Specific Plan is anticipated to occur by 2035. However, the ultimate build out of
the proposed land uses would be based on market demand and the overall economic health of Orange
County.
3.5 ANTICIPATED DISCRETIONARY APPROVALS AND ACTIONS
City of Tustin Approvals
• Adoption of the proposed Downtown Commercial Core Specific Plan
• Certification of the Final EIR and adoption of Statement of Overriding Considerations
• Adoption of the Mitigation Monitoring and Reporting Program
• General Plan Land Use Amendment to re -designate land uses within the DCCSP area
• General Plan Circulation Element Amendment to be consistent with the proposed circulation changes
City of Tustin 3-38
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
3. Project Description
• Zoning change to designate the zoning map designation of the Specific Plan area zoning to DCCSP
• Rescission of First Street Specific Plan
• Rescission of the following Planned Communities:
o Tustin Village
o Tustin Plaza
0 13682 Newport Avenue
o Blockbuster Music
o Ambrose Lane Area B
• Various zone text amendments
City of Tustin 3-39
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3. Project Description
City of Tustin 3-40
Draft EIR
February 2018
A. Environmental Setting
4.1 INTRODUCTION
The purpose of this section is to provide a "description of the physical environmental conditions in the
vicinity of the proposed Specific Plan, as they exist at the time the notice of preparation was published,
from both a local and a regional perspective" pursuant to provisions of the State CEQA Guidelines Section
15125. In addition to the summaries below, detailed environmental setting descriptions are provided in
each subsection of Section 5 of this Draft EIR.
4.2 REGIONAL ENVIRONMENTAL SETTING
4.2.1 Regional Location
The City of Tustin is located in central Orange County, California, about 12 miles inland from the Pacific
Ocean and is considered part of the greater Los Angeles metropolitan area. The City is bounded on the
south by the cities of Irvine and Santa Ana, on the north by the unincorporated portions of the County of
Orange and the City of Orange, on the east by unincorporated County territory and the City of Irvine,
and on the west by the City of Santa Ana. Tustin is located approximately two miles north of Orange
County's John Wayne Airport and is transected by Interstate 5 (1-5) and State Route 55 (SR -55). The City
of Tustin and the adjacent jurisdictions characterize the urbanized core of Orange County, as shown in
Figure 3-1, Regional Vicinity Map.
4.2.2 Regional Planning Considerations
Airport Land Use Commission
The Specific Plan area lies within approximately 4.5 miles of the John Wayne Airport. In 1975, the Airport
Land Use Commission (ALUC) of Orange County adopted an Airport Environs Land Use Plan (AELUP) that
included John Wayne Airport (formerly Orange County Airport). The AELUP is the authoritative planning
document for the ALUC. The ALUC is an agency authorized under State law to assist local agencies in
ensuring compatible land uses in the vicinity of airports, Primary areas of concern for ALUCs are noise,
safety hazards and airport operational integrity. The Specific Plan area is outside of the airport influence
area of John Wayne Airport.
Southern California Association of Governments
The Southern California Association of Governments (SCAG) is a council of governments representing
Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura counties. It is the federally
recognized metropolitan planning organization for this region, which encompasses over 38,000 square
miles. SCAG is a regional planning agency and a forum for addressing regional issues concerning
transportation, the economy, community development, and the environment. It is also the regional
clearinghouse for projects requiring environmental documentation under federal and state law. In this role,
SCAG reviews proposed development and infrastructure projects to analyze their impacts on regional
planning programs.
Regional Transportation Plan/Sustainable Communities Strategy
The 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) was adopted
in April 2016 (SCAG 2016). Major themes in the 2016 RTP/SCS include integrating strategies for land use
and transportation; striving for sustainability; protecting and preserving existing transportation
City of Tustin 4-1
Draft EIR
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Downtown Commercial Core Specific Plan 4. Environmental Setting
infrastructure; increasing capacity through improved systems managements; providing more transportation
choices; leveraging technology; responding to demographic and housing market changes; supporting
commerce, economic growth, and opportunity; promoting the links between public health, environmental
protection, and economic opportunity; and incorporating the principles of social equity and environmental
justice into the plan.
The SCS outlines a development pattern for the region, which, when integrated with the transportation
network and other transportation measures and policies, would reduce greenhouse gas (GHG) emissions
from transportation (excluding goods movement). The SCS is meant to provide growth strategies that will
achieve the regional GHG emissions reduction targets identified by the California Air Resources Board.
However, the SCS does not require that local general plans, specific plans, or zoning be consistent with the
SCS; instead, it provides incentives to governments and developers for consistency. The proposed project's
consistency with the applicable 2016-2040 RTP/SCS policies is analyzed in detail in Section 5.4,
Greenhouse Gas Emissions, and Section 5.5, Land Use and Planning.
High Quality Transit Areas
Beginning with the adoption of the 2012 RTP/SCS, the areas previously known as 2% Strategy
Opportunity Areas were updated by SCAG and replaced with what are now called high quality transit
areas (HQTA), which are a part of—and integrated with—the SCS portion (Chapter 4) of the 2016
RTP/SCS. An HQTA is a walkable transit village or corridor, consistent with the adopted RTP/SCS, and is
within one-half mile of a well -serviced transit stop or a transit corridor with 15 -minute or less service
frequency during peak commute hours. The overall land use pattern of the 2016 RTP/SCS focuses jobs and
housing in the region's designated HQTAs (SCAG 2016). Separate goals, policies, or guidelines have not
been adopted for the HQTAs; therefore, a project's consistency with the HQTA is obtained by achieving
consistency with the applicable 2016 RTP/SCS policies.
The entire Specific Plan area is identified as a high-quality transit area (HQTA) in the RTP/SCS.
Orange County Council of Governments and Orange County Transportation Authority
Orange County Sustainable Communities Strategy
Unique to the SCAG region is the option for subregions to create their own SCS. The Orange County
Council of Governments and Orange County Transportation Authority adopted an SCS for the Orange
County subregion—of which the City of Tustin is a member jurisdiction—on June 14, 2011.
Regional planning considerations are addressed in Section 5.5, Land Use and Planning.
Air Quality and Global Climate Change
Air Quality
The Specific Plan area is located within the South Coast Air Basin (Basin), which is under the jurisdiction of
the South Coast Air Quality Management District (SCAQMD). The Basin is a 6,600 -square -mile coastal
plain bounded by the Pacific Ocean to the southwest and the San Gabriel, San Bernardino, and San
Jacinto Mountains to the north and east. The Basin includes the non -desert portions of Los Angeles,
Riverside, and San Bernardino counties, and all of Orange County.
The ambient concentrations of air pollutants are determined by the amount of emissions released by
sources and the atmosphere's ability to transport and dilute such emissions. Natural factors that affect
transport and dilution include terrain, wind, atmospheric stability, and sunlight. Therefore, existing air
quality conditions in the area are determined by such natural factors as topography, meteorology, and
climate, in addition to the amount of emissions released by existing air pollutant sources.
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Atmospheric conditions such as wind speed, wind direction, and air temperature gradients interact with the
physical features of the landscape to determine the movement and dispersal of air pollutants. The
topography and climate of Southern California combine to make the Basin an area of high air pollution
potential. The Basin is a coastal plain with connecting broad valleys and low hills, bounded by the Pacific
Ocean to the west and high mountains around the rest of the perimeter. The general region lies in the semi-
permanent high-pressure zone of the eastern Pacific, resulting in a mild climate tempered by cool sea
breezes with light average wind speeds. The usually mild climatological pattern is disrupted occasionally
by periods of extremely hot weather, winter storms, or Santa Ana winds. During the summer months, a
warm air mass frequently descends over the cool, moist marine layer produced by the interaction between
the ocean's surface and the lowest layer of the atmosphere. The warm upper layer forms a cap over the
cool marine layer and inhibits the pollutants in the marine layer from dispersing upward. In addition, light
winds during the summer further limit ventilation. Furthermore, sunlight triggers the photochemical reactions
which produce ozone.
SCAQMD maintains monitoring stations that monitor air quality and compliance with associated ambient
standards. The Basin currently does not meet state standards for ozone, PMio, and PM2.5; and does not
meet federal standards for ozone, PM2.5, and lead (Los Angeles County only).
The proposed Specific Plan's consistency with applicable ambient air quality standards is discussed in
Section 5.2, Air Quality.
Greenhouse Gas Emissions
Gases that trap heat in the atmosphere are called greenhouse gases (GHGs). The major concern with
GHGs is that increases in their concentrations are causing global climate change. Global climate change is
a change in the average weather on Earth that can be measured by wind patterns, storms, precipitation,
and temperature. Although there is disagreement as to the rate of global climate change and the extent of
the impacts attributable to human activities, most in the scientific community agree that there is a direct link
between increased emissions of GHGs and long term global temperature increases.
The principal GHGs are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride
(SF6), perfluorocarbons (PFCs), and hydrofluorocarbons (HFCs). California produced 441.5 gross MMT/yr
CO2e in 2014. Combustion of fossil fuel in the transportation sector was the single largest source of
California's GHG emissions accounting for 36 percent of total GHG emissions in the state. This sector was
followed by the electric power sector (including both in-state and out-of-state sources) (21 percent) and
the industrial sector (19 percent).
Current State of California guidance and goals for reductions in GHG emissions are generally embodied
in Executive Order S-03-05; Assembly Bill 32 (AB 32), the Global Warming Solutions Act (2008); and
Senate Bill 375 (SB 375), the Sustainable Communities and Climate Protection Act.
Executive Order S-3-05, signed June 1, 2005, set the following GHG reduction targets for the state:
• 2000 levels by 2010
• 1990 levels by 2020
• 80 percent below 1990 levels by 2050
AB 32 was passed by the California state legislature on August 31, 2006, to place the state on a course
toward reducing its contribution of GHG emissions. AB 32 follows the 2020 tier of emissions reduction
targets established in Executive Order S-3-05. Based on the GHG emissions inventory conducted for its
2008 Scoping Plan, the California Air Resources Board (CARB) approved a 2020 emissions limit of 427
million metric tons of carbon dioxide -equivalent (MMTCO2e) for the state (CARB 2008).
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Since release of the 2008 Scoping Plan, CARB has updated the statewide GHG emissions inventory to
reflect GHG emissions in light of the economic downturn and measures not previously considered. The
updated forecast predicts emissions to be 507 MMTCO2e by 2020. The new inventory identifies that an
estimated 80 MMTCO2e of reductions are necessary in order to achieve the statewide emissions reduction
of AB 32 by 2020 (CARB 2012).
In 2008, SB 375 was adopted to connect the GHG emissions reductions targets established in the 2008
Scoping Plan for the transportation sector to local land use decisions that affect travel behavior. Its intent is
to reduce GHG emissions from light-duty trucks and automobiles (excludes emissions associated with goods
movement) by aligning regional long-range transportation plans, investments, and housing allocations to
local land use planning to reduce vehicle miles traveled and vehicle trips. Specifically, SB 375 required
CARB to establish GHG emissions reduction targets for each of the 17 regions in California managed by a
metropolitan planning organization (MPO).
As the southern California region's MPO, SCAG's targets are an 8 percent per capita reduction from 2005
GHG emission levels by 2020 and a 13 percent per capita reduction from 2005 GHG emission levels by
2035 (CARB 2010). The proposed targets would result in 3 MMTCO2e of reductions by 2020 and 15
MMTCO2e of reductions by 2035. Based on these reductions, the passenger vehicle target in CARB's 2008
Scoping Plan (for AB 32) would be met (CARB 2008).
The proposed Specific Plan's consistency with CARB's Scoping Plan is discussed in Section 5.4, Greenhouse
Gas Emissions.
Regional Water Quality Control Board/Watershed
The project area is in the jurisdictional area of the Santa Ana Regional Water Quality Control Board
(Region 8). The project area is in the Newport Bay Watershed, which drains approximately 152 square
miles of central Orange County from the southwestern foothills of the Santa Ana Mountains to the Pacific
Ocean. Flood control channels and storm drains owned by the Orange County Flood Control District serve
the area, and include a network of underground drainage pipes ranging in size from 18-imch diameter to
66 -inch diameter at the downstream confluence point (Newport Avenue/1-5) and the Santa Ana - Santa Fe
Channel, which flows southeast and into the Peters Canyon Channel. The Peters Canyon Channel flows south
west and joins with the San Diego Creek, which flows south west and outlets into Upper Newport Bay, then
ultimately into the Pacific Ocean.
Regional Habitat Conservation Plans and Areas
Central and Coastal Orange County NCCP/ HCP
The Central and Coastal Orange County Natural Community Conservation Plan and Habitat Conservation
Plan (NCCP/HCP) and its associated implementation agreement cover 13 cities in Orange County,
including Tustin. The plan, which was adopted in 1996, created a multispecies/multihabitat reserve system
and implements a long-term management program to protect coastal sage scrub and species that utilize
coastal sage scrub habitat. Protected species include the coastal California gnatcatcher, cactus wren, and
orange -throated whiptail. Because the City of Tustin is a participant in the funding and development of the
NCCP/HCP, all city -owned parcels fall under the plan's participating landowner system. Individual
property owners are considered "nonparticipating landowners" but must also satisfy regulatory
requirements under the plan.
The project area is in the Central and Coastal Subregion, a 325 -square -mile area that spans the middle
portion of Orange County. There are no reserves designated under the NCCP/HCP on or next to the
Specific Plan area.
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4.3 LOCAL ENVIRONMENTAL SETTING
4.3.1 Project Location and Land Use
Project Location
The proposed Specific Plan area consists of approximately 220 acres located in the northern portion of
the city. The jurisdictions surrounding the planning area include the City of Tustin immediately to the north,
south, east and west, unincorporated land within the County of Orange (North Tustin) further to the
northeast, and the City of Santa Ana further to the northwest and southwest. See Figure 3-1, Regional
Vicinity Map and Figure 3-2, Specific Plan Area Boundary Map.
Existing Land Uses
The project setting is a highly urbanized, developed area. There are existing buildings, street
infrastructure, and utilities infrastructure in place. The Specific Plan area's primary uses are general
commercial (office, retail, and services); residential (which is limited); parks and open space, public and
institutional, industrial, and limited undeveloped parcels.
4.3.2 Surrounding Land Uses
The Specific Plan area is surrounded to the west by single family residential uses and SR -55; to the north
by single family and multi -family residential uses and commercial uses; to the east by single family
residential and multifamily residential uses; and to the south by 1-5. The Specific Plan area surrounds, but
excludes, two residential neighborhoods located along Prebble Drive/E. Second Street and Ambrose
Lane/Platt Way.
4.4 AESTHETICS
Scenic Vistas
Scenic vistas are panoramic views of important visual features, as seen from public viewing areas. The
City's General Plan does not identify any scenic vistas within the City. The dominant scenic resource in the
Specific Plan area is views of the Santa Ana Mountains from east facing street corridors within the Specific
Plan area that are intermittently obstructed by existing development and mature landscaping. Due to the
developed urban landscape and the lack of topography in the Specific Plan area, no other scenic vistas
exist from or of the Specific Plan area. In addition, the Orange County Scenic Highway Plan does not
identify any scenic routes within the City of Tustin; and there are no designated or eligible state scenic
highways within or nearby the Specific Plan area (Caltrans, 2017).
Visual Character and Quality
The Specific Plan area is a developed urban area that is generally laid out in a grid system, whereby the
streets define the location of development. The existing visual character of the Specific Plan area consists
of a low-density urban downtown area with small scale commercial development, neighborhood shopping
centers, strip commercial, "main street," small scale office, civic facilities, parks, and auto -oriented drive-
throughs. Existing buildings are one to three stories in height. Newport Avenue, in particular, is
characterized by predominantly low-rise, single -story buildings and expansive parking lots.
The Old Town Tustin area (located generally between B Street and Prospect Avenue, and parcels from
Sixth Street up to First Street) has streetscape elements that contribute to an aesthetically pleasing
pedestrian environment. These elements include mature ficus trees, sidewalks, marked crosswalks, bulb -outs,
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ground -floor windows, awnings, pedestrian -level lighting, signage, potted plants and planters and
streetscape elements.
A range of public gateways and signs throughout the Specific Plan area creates varied visual effects.
Currently, three separate sets of design guidelines allow for a variety of way -finding signage, lighting,
and street furnishings. Streetscape elements such as benches, light fixtures, planters, bollards, trash
receptacles, and bus shelters also vary in style throughout the area. The result in the Specific Plan area is a
mixture of different streetscape elements that produce an inconsistent look and feel. Along First Street,
unique private signage along building facades adds diversity and a "vintage" theme. In contrast, more
recent commercial signage along First Street and Newport Avenue, diverges from the Old Town character.
Light and Glare
Nighttime lighting associated with the existing urban development is present throughout the Specific Plan
area. Existing lighting involves street lights, parking lot and building facade lighting, interior illumination
passing through windows, and illumination from vehicle headlights. Sensitive receptors relative to lighting
and glare include residents living in the Specific Plan area, and motorists and pedestrians passing through
the Specific Plan area.
Aesthetics considerations are addressed in Section 5.1, Aesthetics.
4.5 CULTURAL RESOURCES
Historic
There are two buildings within the Specific Plan area that are listed on the California Register of Historical
Resources and the National Register of Historic Places. These are the Artz Building (150-158 West Main
Street; California Register of Historical Resources Primary No. P-30-162095) and the Sherman Stevens
House (228 West Main Street; Primary No. P-30-160206). In addition, the Cultural Resources District itself
is a recorded historic resource (identified as the "Tustin Old Town Resources District - generally bounded
by First Street in the north, Sixth Street in the south, the 55 Freeway to the west and Prospect Avenue to
the east"; Primary No. P-30-16271).
The Tustin Historic Resources Survey, Parts 1 and 2, identifies over 400 sites of possible distinction and
notable recognition. In addition, the Specific Plan area contains numerous buildings that are over 50 years
of age or would be over 50 years of age sometime before 2035, the age when buildings may become
historically significant.
Archaeological
Most researchers agree that the earliest occupation for the Tustin area dates to the early Holocene (8,500
to 5,000 years ago). The tools related to this time period includes scrapers, hammer stones, large flaked
cores, drills, and choppers, which were used to process food and raw materials. Around 8,000 years ago,
subsistence patterns changed, and tools from this time period include large, bifacially worked dart points
and grinding stones, handstones and metates. Then approximately 3,500 years ago, groups in the general
vicinity of the Specific Plan area adopted new mortar and pestle technology and started storing food that
could be processed and saved for the leaner, cooler months of the year.
At approximately 1,500 years before present, bow and arrow technology started to emerge, and the
Palomar Tradition is attributed to this time, which is characterized by soapstone bowls, arrowhead
projectile points, pottery vessels, rock paintings, and cremation sites. The shift in material culture
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assemblages is largely attributed to the emergence of Shoshonean (Ta kic-speaking) people who entered
California from the east.
Although there is a long history of human occupation in the Tustin region, the Specific Plan and the areas in
the vicinity have been heavily disturbed and are not known to contain any existing archaeological
resources.
Paleontological
All of Orange County consists of Miocene (22-5 million -year-old) marine sediments overlain by a relatively
thin veneer of Pleistocene (2.4 million to 11 -thousand -year-old) sediments and recent (11 thousand -year-
old to present) alluvial sediments. Old Town Tustin is a flat plain across which streams flowed to the ocean
depositing alluvium. No fossils are known to exist within the Specific Plan area (Cogstone, 2017).
Cultural resource considerations are addressed in Section 5.3, Cultural Resources.
4.6 LAND USE AND PLANNING
General Plan and Zoning Ordinance
The City's General Plan is its comprehensive, long-range plan for future growth and development. As
mandated by state law, the General Plan identifies goals and policies for a number of specific topics;
Tustin's General Plan organizes these topics into seven elements: land use, housing, circulation,
conservation/open space/recreation, public safety, noise, and growth management.
The General Plan establishes seven designations within the Specific Plan area: CC (Community
Commercial), OTC (Old Town Commercial), MHP (Mobile Home Park), PI (Public/Institutional), PO
(Professional Office), I (Industrial), and PCCB (Planned Community Commercial/Business).
The City's zoning map identifies the following zoning designations within the Specific Plan area: SP10
(FSSP), C1 (Retail Commercial), C2 (Central Commercial), CG (Commercial General), PC COM (Planned
Community Commercial), PR (Professional), PM (Planned Industrial), P&I (Public and Institutional), MHP
(Mobile Home Park), and PC RES (Planned Community Residential). Planned Communities include: Tustin
Village, Tustin Plaza, 13682 Newport Avenue, Blockbuster Music Plaza, Vintage, Prospect Village, and
Ambrose Lane Area B.
First Street Specific Plan
The First Street Specific Plan (SPI 0) area is located within the Specific Plan area. The First Street Specific
Plan was adopted in December 1985 and amended in November 2012. The primary intent of the First
Street Specific Plan is to continue commercial retail, service, and office uses, including some commercial
mixed-use projects. Implementation of the project would include a rescission of the First Street Specific
Plan, and replacement of its regulations with those of the proposed Specific Plan.
Cultural Resources District Residential Guidelines
The Cultural Resources District (CRD) Residential Design Guidelines apply to new residential projects or
modifications to existing historical residential homes in the CRD. There are some designated cultural
resources located outside the CRD but within the Specific Plan boundaries for which these design guidelines
would be applicable.
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Cultural Resources District Commercial Design Guidelines
Similar to the CRD Residential Design Guidelines, the CRD Commercial Design Guidelines apply to new
commercial projects or modifications to existing historical commercial buildings. There are some designated
cultural resources located outside the CRD but within the Specific Plan boundaries for which these design
guidelines would be applicable.
Land use and planning considerations are addressed in Section 5.5, Land Use and Planning.
4.7 NOISE
The primary sources of noise in the City include those related to urban development, such as vehicles on
roadways and noise from commercial and residential land uses. The ambient noise in the Specific Plan
area is dominated by traffic noise from the 1-5 and SR -55 freeways, and aircraft overflights from/to John
Wayne Airport. The Specific Plan area is located approximately 4.5 miles northeast of the John Wayne
Airport. The Specific Plan area is located outside of the 60 dBA CNEL noise contour boundaries of John
Wayne airport. This topic is addressed in Section 5.6, Noise.
4.8 RECREATION
Regional
The Orange County Parks and Recreation Department (OC Parks) operates and maintains 39,000 acres of
regional park facilities and open space. The Orange County Parks Strategic Plan (October 2007) notes
that regional resources include 32,000 acres in 25 urban and wilderness parks, 7 miles of beaches and
coastal facilities, 7 regional historic sites and parks, archeological and paleontological collections, 7,000
acres of open space lands, and 230 miles of regional riding and hiking trails. Regional County
recreational facilities near the Specific Plan area include Peters Canyon Regional Park, located
approximately 2.5 miles to the northeast, and Mason Regional Park, approximately 5.5 miles to the south.
Local
The City of Tustin Parks and Recreation Department operates and maintains approximately 1 13.5 acres of
park and recreation facilities, inclusive of approximately 106.7 -acres of existing public park. One 5.5 -
acre community parks, Peppertree Park, is located within the Specific Plan area. Additionally, the Tustin
Legacy Linear Park is under construction, and the Veterans Sports Park at Tustin Legacy is expected to
start construction in 2018. The Tustin Legacy Specific Plan identifies 33 acres of existing parks and an
additional 230 acres of future parks to be developed within its boundaries (Tustin Legacy Specific Plan,
2017). Typical of older communities that were established prior to the establishment of parkland
requirements, the Open Space/ Conservation/ Recreation Element of the General Plan has identified a
parkland deficiency.
This topic is addressed in Section 5.8, Recreation.
4.9 TRANSPORTATION AND CIRCULATION
The Specific Plan area is generally bounded by 1-5, SR -55, Newport Avenue and First Street, as shown in
Figure 3-2, Specific Plan Area Boundary Map. It is bisected by Main Street and First Street as the primary
east -west streets and B street and EI Camino Real as the primary north -south streets. One intersection in the
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vicinity of the Specific Plan, Newport Avenue at 1-5 NB On -Ramp, currently operates at an unacceptable
level of service, which occurs in the a.m. peak hour.
The Orange County Transportation Authority (OCTA) provides bus service within Orange County including
the City of Tustin. The following routes serve the Specific Plan area: Route 60, Route 64, Route 71, Route
79, Route 167. These routes primarily serve stops on First Street and Newport Avenue, although there are
several bus stops on Centennial Way near City Hall. The most heavily utilized bus stops are located near
the intersection of First Street and Newport Avenue. OCTA is also responsible for administering the Master
Plan of Arterial Highways (MPAH), which was initially established in 1956 and is continuously updated to
reflect changing development and traffic patterns.
The Specific Plan area currently only includes one Class I bicycle facility on Newport Avenue. However;
there are extensive pedestrian facilities in the Specific Plan area and the majority of intersections have
designated crosswalks on more than one leg of an intersection. This topic is addressed in Section 5.9,
Traffic and Circulation.
4.10 TRIBAL CULTURAL RESOURCES
In ethnographic times the City of Tustin and much of the area surrounding the city was populated by the
Tongva, later known as the Gabrielino (derived from association with the San Gabriel Mission). The
Tongva speak a language that is part of the Takic branch of the Uto-Aztecan language family. Their
territory encompassed a vast area stretching from Topanga Canyon in the northwest, to the base of Mount
Wilson in the north, to San Bernardino in the east, Aliso Creek in the southeast and the Southern Channel
Islands. At European contact, the tribe consisted of more than 5,000 people living in between 50 and 100
settlements throughout the area. Some of the villages were considered quite large, with up to 150 people.
The Tongva are considered to have been one of the wealthiest and most populous tribes, second only to
the Chumash who occupied territories to the north. Catalina Island provided valuable deposits of steatite
that was used in trade with other tribes, both as raw material and finished vessels and ornaments. Many
common everyday items were decorated with inlaid shell or carvings reflecting an elaborately developed
artisanship. Houses were domed, circular structures thatched with tule or similar. The Tongva utilized a
hunting and gathering economy (Bean and Smith 1978) and plant foods were, by far, the greatest part of
the traditional diet during ethnohistoric times. This topic is addressed in Section 5.10, Tribal Cultural
Resources.
4.11 UTILITIES AND SERVICE SYSTEMS
Wastewater
The Specific Plan area is served by a network of underground sewage collection lines operated by the
Orange County Sanitation District (OCSD). The Specific Plan area contains a network of sewer lines that
range from 6 -inch to 27 -inches in diameter and operate well within capacity. In 2016, management of
local sewers within the project area was transferred from OCSD to the EOCWD. From 2004-2006, OCSD
conducted a series of sewer improvement projects within the Specific Plan area. Specifically, sewer lines
were upsized along the south end of Newport Avenue and EI Camino Way, along the west end of Sixth
Street, along Holt Avenue, and along the north -most end of Prospect. These lines were upsized to either
1 8 -inch lines (Holt Avenue) or 27 -inch lines (Newport Avenue, EI Camino Way, Sixth Street, and Prospect
Avenue). These improvements, as well as all other lines within the Specific Plan area, were implemented to
accommodate future growth projections and have sufficient capacity to handle the increased flows
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resulting from future development. The City's local system generally discharges to larger OCSD trunk
pipelines that range in size from 12 to 96 inches in diameter, to convey wastewater to the reclamation
plants. Given the growth within OCSD's service area, OCSD is currently upsizing a number of collection
system pipelines to provide additional capacity (OCSD 2017).
The wastewater from the Specific Plan area flows to the OCSD Reclamation Plant No. 1 in Fountain Valley,
which has a treatment capacity of 204 million gallons per day (mgd) and an average daily flow of 117
mgd; and Treatment Plant No. 2 in Huntington Beach, which has a treatment capacity of 258 mgd, and an
average daily flow of 67 mgd (OCSD 2017). This topic is addressed in Section 5.1 1, Utilities and Service
Systems.
Water Supply and Groundwater
Water service is provided to the Specific Plan area by the City of Tustin. Potable water is supplied by the
Metropolitan Water District and groundwater is pumped from the Santa Ana River Basin via 12 City -
operated wells. According to the City's 2015 Urban Water Management Plan (UWMP), the City delivers
water supplies through 172 miles of 1.5 -inch to 20 -inch water mains and three booster stations. The City
pumps its groundwater from 13 wells. Eight of the wells produce untreated or "clear" groundwater that
pump directly into the distribution system. The other five wells produce water that is treated for nitrate and
total dissolved solids (TDS) removal at the City's two water treatment facilities. The City also maintains six
reservoirs, with a combined storage capacity of approximately 13.83 million gallons (MG) (UWMP 2015).
In 2015 the City delivered 11,113 acre-feet (AF) of water. The City receives 26 percent of its water
supply from EOCWD, who imports it from the Metropolitan Water District (UWMP 2015). The City
currently has a minimum available imported water supply of 12,401 AFY from MWDOC; however, it only
utilizes 2,914 AFY annually of these imported supplies (UWMP 2015).
The other 74 percent of the City's water is obtained from the underlying Lower Santa Ana Groundwater
Basin, which is managed by the Orange County Water District (OCWD). Each year, OCWD sets a Basin
Production Percentage (BPP) that targets the amount of groundwater to be pumped from the basin. This,
along with the City's water supply demands, sets the City's allowable groundwater pumping allocation. As
discussed in detail in the City's UWMP, groundwater levels are managed within a safe basin operating
range to protect the long-term sustainability of the Basin (UWMP 2015). This topic is addressed in Section
5.1 1, Utilities and Service Systems.
Drainage
The project area is served by a network of underground drainage pipes ranging in size from 18 to 66 -
inch diameter at the downstream confluence point (Newport Avenue/1-5). Catch basins and other structures
maintained by the Orange County Flood Control District serve the area, and include a network of
underground drainage pipes ranging in size from 18 -inch diameter to 66 -inch diameter at the downstream
confluence point (Newport Avenue/1-5) and the Santa Ana - Santa Fe Channel, which flows southeast and
into the Peters Canyon Channel. The Peters Canyon Channel flows south west and joins with the San Diego
Creek, which flows south west and outlets into Upper Newport Bay, then ultimately into the Pacific Ocean.
Facilities upstream of the Newport/1-5 confluence point are maintained by the City of Tustin.
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4.12 ENERGY
Electricity
The Southern California Edison Company (SCE) is the electrical purveyor in the City of Tustin. SCE provides
electricity service to more than 14 million people in a 50,000 square -mile area of central, coastal and
Southern California. SCE is in the process of implementing infrastructure upgrades to ensure the ability to
meet future demands. In the Orange County region, SCE is implementing the Preferred Resources Pilot
Program that uses solar, wind, energy storage, energy efficiency and energy conservation programs to
offset the increasing customer demand for electricity in central Orange County, including the Specific Plan
area (SCE, 2017).
Natural Gas
The Southern California Gas Company (SoCalGas) is the natural gas purveyor in the City of Tustin and is
the principal distributor of natural gas in Southern California. SoCalGas projects that gas demand will
decline at an annual rate of 0.6 percent from 2016 to 2035 due to modest economic growth, mandated
energy efficiency standards and programs, renewable electricity goals, and conservation savings linked to
advanced metering infrastructure (CGEU 2016). The gas supply available to SoCalGas from California
sources averaged 122 MMcf/day in 2015; however, southwestern U.S. sources of natural gas will continue
to supply most of Southern California's natural gas demand, which are provided by interstate pipeline
deliveries (CGEU 2016). SoCalGas designs its facilities and supplies to provide continuous service during
extreme peak demands, and has identified the ability to meet peak demands through 2035 in its 2016
report (CGEU 2016).
Energy considerations are addressed in Section 5.12, Energy Resources.
REFERENCES
California Gas and Electric Utilities 2016 California Gas Report (CGEU 2016). Accessed at:
https://www.socalgas.com/regulatory/documents/cgr/201 6-cgr.pdf
Cultural Resource Assessment for the Tustin Downtown Commercial Core Specific Plan. Prepared by
Cogstone, May 2017. Included as Appendix C.
Orange, County of. 2007. Orange County Parks Strategic Plan.
http://www.ocparks.com/about/plan/2007—strategic
Southern California Edison. SCE.com Circle City Substation and Mira Loma -Jefferson Sub -transmission
Project (SCE 2017). Accessed at: sce.com/wps/portal/home/about-us/reliability
Tustin Downtown Commercial Core Specific Plan Noise Impact Analysis, Prepared by Urban Crossroads,
2017, included as Appendix D.
Tustin Downtown Commercial Core Specific Plan Traffic Study, Prepared by Stantec, 2017, Appendix E.
Western Regional Climate Center (WRCC). 2016. Western U.S. Historical Summaries: Santa Ana Fire
Station Monitoring Station. Station ID No. 047888. Accessed May 31, 2016. http://www.wrcc.dri.edu/cgi-
bin/cliMAIN.pl?ca7888.
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5. Environmental Impact Analysis
This chapter focuses on evaluating the significant environmental effects of the proposed Specific Plan
(proposed project), which is described in Chapter 3, Project Description. This Chapter describes the existing
physical environmental setting (also referred to as "baseline") for each environmental topic, and the
impacts that would result from implementation of the proposed project. Because existing federal, state,
and local regulations will also shape how the proposed project is implemented, and provide requirements
for avoiding and reducing environmental impacts, a discussion of relevant plans, programs, and policies
pertinent to each environmental issue is addressed in each environmental topic section. Additionally, as
necessary, feasible mitigation measures are identified to reduce the significant impacts of the proposed
project.
ENVIRONMENTAL TOPICS
The following sections in this chapter analyze the environmental topics listed below:
5.1 Aesthetics
5.2 Air Quality
5.3 Cultural Resources
5.4 Greenhouse Gas Emissions
5.5 Land Use and Planning
5.6 Noise
5.7 Population and Housing
5.8 Recreation
5.9 Transportation and Circulation
5.10 Tribal Cultural Resources
5.11 Utilities and Service Systems
5.12 Energy Resources
5.13 Mandatory Findings of Significance
This EIR evaluates the direct and indirect impacts resulting from construction and ongoing operations of the
proposed Specific Plan project. Under CEQA, EIRs are intended to focus their discussion on significant
impacts, and may limit discussion of other impacts to a brief explanation of why the impacts are not
significant. The Notice of Preparation (NOP)/Initial Study that was prepared for the proposed Specific
Plan Project was used to help determine the scope of the environmental issues to be addressed in the EIR.
Consistent with CEQA Guidelines Section 15128, issues considered Potentially Significant are addressed in
this Program EIR. Issues identified as Less Than Significant or No Impact in the NOP/Initial Study are not
addressed beyond the discussion contained in the Initial Study (included as Appendix A).
FORMAT OF ENVIRONMENTAL TOPIC SECTIONS
Each environmental topic section generally includes the following main subsections:
• Regulatory Setting, describes applicable federal, state, and local plans, policies, and regulations
that the proposed Specific Plan must address, and will shape its implementation.
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• Existing Conditions, describes the existing physical environmental conditions (environmental
baseline) related to the environmental topic being analyzed.
• Thresholds of Significance, sets forth the thresholds of significance (significance criteria) used to
determine whether impacts are "significant."
• Methodology, provides a description of the methods used to analyze the impact and determine
whether it would be significant or less than significant.
• Environmental Impacts, provides an analysis of the impact statements for each identified
significance threshold. The analysis of each impact statement is organized as follows:
o A statement of the CEQA threshold being analyzed.
o The EIR's conclusion as to the significance of the impact.
o An impact assessment that evaluates the changes to the physical environment that would
result from proposed project.
o An identification of significance comparing identified impacts of the proposed Specific
Plan to the significance threshold with implementation of any existing Plans, Programs, or
Policies, prior to implementation of any required mitigation.
o A discussion of potential cumulative impacts that could occur from implementation of the
proposed Specific Plan and other cumulative projects.
o A list of any existing related Plans Programs, or Policies.
o For each impact determined to be potentially significant, feasible mitigation measure(s) to
be implemented are provided. Mitigation measures include enforceable actions to:
■ avoid a significant impact;
■ minimize the severity of a significant impact;
■ rectify an impact by repairing, rehabilitating, or restoring the effected physical
environment;
■ reduce or eliminate the impact over time through preservation and/or
maintenance operations during the life of the project; and/or
■ compensating for the impact by replacing or providing substitute resources or
environmental conditions.
o Actions to be taken to ensure effective implementation of required mitigation measures.
ENVIRONMENTAL SETTING/BASELINE
The "Environmental Setting" subsections describe current conditions regarding the environmental resource
area reviewed. CEQA Guidelines Section 15125 states that "An EIR must include a description of the
physical environmental conditions in the vicinity of the project, as they exist at the time the notice of
preparation is published, or if no notice of preparation is published, at the time the environmental analysis
is commenced, from both a local and regional perspective. The environmental setting will normally
constitute the baseline physical conditions by which a Lead Agency determines whether an impact is
significant. The description of the environmental setting shall be no longer than is necessary to gain an
understanding of the significant effects of the proposed project and its alternatives."
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CEQA Guidelines and case law recognize that the date for establishing an environmental baseline cannot
be rigid (see CEQA Guidelines Sections 15146, 15151, and 15204). In some instances, information is
presented in the environmental setting that differs from the precise time of the NOP/Initial Study. This
information is considered representative of baseline conditions. Furthermore, environmental conditions may
vary from year to year, and in some cases, it is necessary to consider conditions over a range of time
periods.
A NOP/Initial Study was prepared for the proposed Specific Plan Project, and was distributed on August
1, 2016 for a 30 -day public review and comment period that ended on August 31, 2016. This time period
would generally consist of the baseline, however, the baseline conditions relevant to the environmental
issues being analyzed vary depending on the availability of agency data, such as growth projections and
air quality emissions. The baseline conditions are described within each environmental topic section within
this chapter, and within Chapter 4, Environmental Setting.
THRESHOLDS OF SIGNIFICANCE/SIGNIFICANCE CRITERIA
CEQA Guidelines Section 15382 defines a significant effect on the environment as "a substantial, or
potentially substantial, adverse change in any of the physical conditions within the area affected by the
project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic
significance. An economic or social change by itself shall not be considered a significant effect on the
environment. A social or economic change related to a physical change may be considered in determining
whether the physical change is significant."
The "Thresholds of Significance" subsections provide the specific thresholds of significance by which impacts
are judged to be significant or less than significant in this EIR. These include identifiable quantitative or
qualitative standards or sets of criteria pursuant to which the significance of each given environmental
effect can be determined. Exceedance of a threshold of significance normally means the effect will be
determined to be "significant" (CEQA Guidelines Section 15064.7(a)). However, an iron -clad definition of
a "significant" effect is not always possible because the significance of an activity may vary with the
setting (CEQA Guidelines Section 15064(b)). Therefore, a Lead Agency has the discretion to determine
whether to classify an impact described in an EIR as "significant," depending on the nature of the area
affected. The thresholds of significance used to assess the significance of impacts are based on those
provided in Appendix G of the CEQA Guidelines.
IMPACT SIGNIFICANCE CLASSIFICATIONS
The following classifications are used throughout the impact analysis in this EIR to describe the level of
significance of environmental impacts:
• Significant Impact: A significant impact is defined by Section 15382 of the CEQA Guidelines as a
substantial, or potentially substantial, adverse change in any of the physical conditions within the
area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and
objects of historic or aesthetic significance. An economic or social change by itself "shall not be
considered a significant effect on the environment ... [but] may be considered in determining
whether the physical change is significant." As defined in this EIR, a significant impact exceeds the
defined significance criteria and therefore requires mitigation.
• No Impact: No adverse effect on the environment would occur, and mitigation measures are not
required.
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• Less than Significant Impact: The impact does not reach or exceed the defined threshold
(criterion) of significance. Therefore, no mitigation is required.
• Less than Significant Impact with Mitigation Incorporated: The impact reaches or exceeds the
defined threshold (criterion) of significance, and mitigation is therefore required. Feasible
mitigation measures, including standard conditions of approval and applicable plans, programs,
and policies, when implemented, will reduce the significant impact to a less -than -significant level.
• Significant and Unavoidable Impact: The impact reaches or exceeds the defined threshold
(criterion) of significance, and mitigation is therefore required. However, application of all
feasible mitigation measures, standard conditions of approval, and applicable plans, programs,
and policies would not reduce the impact to a less -than -significant level.
While CEQA requires that an EIR identify all feasible mitigation to avoid or reduce the significant impacts
of a project, it also permits public agencies to approve a project even though it would result in one or
more significant unavoidable environmental effects. For a Lead Agency to approve a project with one or
more significant unavoidable impacts, it must first prepare a statement of overriding considerations, which
identifies the specific economic, legal, social, technological, or other benefits of the project, including
region -wide or statewide environmental benefits, that outweigh its significant unavoidable effects, and
thereby warrant its approval (Public Resources Code Section 21083; CEQA Guidelines Section
15093). The statement of overriding considerations must be supported by substantial evidence in the
record (CEQA Guidelines Section 15093(a)).
CUMULATIVE IMPACTS
Cumulative impacts refer to the combined effect of the proposed Specific Plan project's impacts with the
impacts of other past, present, and reasonably foreseeable probable future projects. Both CEQA and the
CEQA Guidelines require that cumulative impacts be analyzed in an EIR. As set forth in the CEQA
Guidelines Section 151 30(b), "the discussion of cumulative impacts shall reflect the severity of the impacts
and their likelihood of occurrence, but the discussion need not provide as great detail as is provided for
the effects attributable to the project alone." The CEQA Guidelines direct that the discussion should be
guided by practicality and reasonableness, and focus on the cumulative impacts that would result from the
combination of the proposed project and other projects, rather than the attributes of other projects which
do not contribute to cumulative impacts.
According to Section 15355 of the CEQA Guidelines,
`Cumulative impacts' refer to two or more individual effects which, when considered
together, are considerable or which compound or increase other environmental impacts.
a) The individual effects may be changes resulting from a single project or a number of
separate projects.
b) The cumulative impact from several projects is the change in the environment which
results from the incremental impact of the project when added to other closely related
past, present, and reasonably foreseeable probable future projects. Cumulative impacts
can result from individually minor but collectively significant projects taking place over a
period of time.
Therefore, the cumulative discussion in this EIR focuses on whether the impacts of the proposed project are
cumulatively considerable within the context of impacts caused by other past, present, and reasonably
foreseeable future projects.
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Additionally, pursuant to the CEQA Guidelines Section 15130(a)(1), an EIR should not discuss cumulative
impacts that do not result at least in part from the project being evaluated in the EIR. Thus, cumulative impact
analysis is not provided for any environmental issue where the proposed project would have no environmental
impact. Analysis of cumulative impacts is, however, provided for all project impacts that are evaluated within
this EIR.
CEQA Guidelines Section 15130(b)(1) states that the information utilized in an analysis of cumulative impacts
should come from one of the following, or a reasonable combination of the two:
• A list of past, present and probable future projects producing related or cumulative impacts, including
those projects outside the control of the lead agency; or
• A summary of projections contained in an adopted local, regional or statewide plan or related
planning document that describes or evaluates conditions contributing to the cumulative effect.
The information for the cumulative analysis is dependent upon the environmental topic area. Cumulative
information for air quality, greenhouse gas emissions, and traffic relies on projections contained in
adopted local, regional, or statewide plans or related planning documents, such as Southern California
Regional Transportation Plan and relevant regional plans developed by the Southern California
Association of Governments (SCAG). Conversely, cumulative information for noise and vibration is based
on the location of other past, present, and reasonably foreseeable future projects.
Additionally, different types of cumulative impacts occur over different geographic areas. For example,
the geographic scope of the cumulative air quality analysis, where cumulative impacts occur over a large
area, is different from the geographic scope considered for cumulative analysis of aesthetic resources, for
which cumulative impacts are limited to specific viewsheds. Thus, in assessing aesthetic resources impacts,
only development within and immediately adjacent to the project area would contribute to a cumulative
visual effect is analyzed, whereas cumulative traffic impacts are based upon all development within the
traffic study area of roadways and intersections. Because the geographic scope and other parameters of
each cumulative analysis discussion can vary, the cumulative scope is described for each environmental
topic.
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5.1 Aesthetics
5.1.1 INTRODUCTION
This section describes the existing visual setting for the proposed Specific Plan, and evaluates changes in
the visual and aesthetic environment that would result from the Plan's implementation. The analysis focuses
on visual changes that would be seen from public viewpoints and potential impacts of new sources of light
and glare.
Aesthetics Terminology
• Aesthetic Resources include a combination of numerous elements, such as landforms, vegetation,
water features, urban design, and/or architecture, that impart an overall visual impression that is
pleasing to, or valued by, its observers. Factors important in describing the aesthetic resources of
an area include visual character, scenic resources, and scenic vistas. These factors together not only
describe the intrinsic aesthetic appeal of an area, but also communicate the value placed upon a
landscape or scene by its observers. These factors include:
o Visual Character, which broadly describes the unique combination of aesthetic elements
and scenic resources that characterize a particular area. The quality of an area's visual
character can be qualitatively assessed considering the overall visual impression or
attractiveness created by the particular landscape characteristics. In urban settings, these
characteristics largely include land use type and density, urban landscaping and design,
architecture, topography, and background setting;
o Scenic Resources, which are visually significant hillsides, ridges, water bodies, and
buildings that are critical in shaping the visual character and scenic identity of the Specific
Plan area, and the surrounding region; and
• Glare is the sensation produced by a source of brightness within the visual field that is sufficiently
greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss
of vision.
5.1.2 REGULATORY SETTING
City of Tustin General Plan
The following policies contained in the Land Use Element are relevant to the proposed project:
Goal 3: Ensure that new development is compatible with surrounding land uses in the community, the City's
circulation network, availability of public facilities, existing development constraints and the City's unique
characteristics and resources.
Policy 3.7: Encourage the preservation and enhancement of public vistas, particularly those seen from
public places.
Goal 4: Assure a safe, healthy and aesthetically pleasing community for residents and businesses.
Goal 6: Improve urban design in Tustin to ensure development that is both architecturally and functionally
compatible, and to create uniquely identifiable neighborhoods, commercial and business park districts.
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Policy 6.2: Encourage and promote high quality design and physical appearance in all development
projects.
Policy 6.5: Preserve historically significant structures and sites, and encourage the conservation and
rehabilitation of older buildings, sites and neighborhoods that contribute to the City's historic character.
Policy 6.10: Reinforce Tustin's image and community identity within the greater Orange County urban
area.
Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods.
Goal 10: Improve and strengthen the Tustin Old Town/First Street area with a unique pedestrian
environment and diverse mix of goods, services, and uses.
Policy 10.1: Improve the Old Town District's identity as the City's historical and architectural focus and its
contribution to the City's economic base.
Policy 10.2: Review and consider the possible development of residential uses in the Old Town area both
as individual residential projects, and integrated above ground floor retail and office uses.
Policy 10.3: Encourage outdoor pedestrian spaces, such as courtyards, arcades and open landscaped
passages, to be integrated into new development. Encourage high-quality pedestrian -oriented building
frontages which open onto these pedestrian spaces and public sidewalks.
Tustin City Code
Article 4, Chapter 6, Section 4617: Limits construction activity to the hours of 7:00 a.m. to 6:00 p.m.
Monday through Friday and 9:00 a.m. to 5:00 p.m. Saturdays; with no activity allowed on Sundays and
Federal holidays. Construction activities may be permitted outside of those limitations identified in the case
of urgent necessity or upon a finding that such approval will not adversely impact adjacent properties and
the health, safety and welfare of the community if a temporary exception is granted.
Article 9, Chapter 2, Part 7, Section 9271 hh: All exterior lighting shall be subject to the following
standards, unless otherwise exempted by the City of Tustin:
(a) Outdoor lighting shall be designed so as to minimize impacts from light pollution including light
trespass and glare to minimize conflict caused by unnecessary illumination.
(b) Outdoor lighting fixtures that are used to illuminate a premises, architectural feature or landscape
feature on private property shall be directed, shielded, or located in such a manner that the light
source is not directed off-site.
Tustin Cultural Resources District Commercial and Residential Design Guidelines
The City Council declared as a matter of public policy that, "the recognition, preservation, protection and
use of culturally significant structures, natural features, sites and neighborhoods within the City of Tustin is
required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare
of City residents" (Code Section 9252a).
To ensure the maintenance, preservation, and enhancement of Tustin's Old Town, the City Council adopted
the Cultural Resources District. The primary purpose and intent of these commercial and residential design
guidelines is to promote the City's goals to preserve, protect, safeguard, and enhance the existing
character of historic or culturally significant structures.
The Cultural Resources District Residential Design Guidelines guide new projects or modifications to existing
historical residential homes. The Specific Plan area does not include residential neighborhoods. However,
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there are some residential homes located within the Specific Plan boundaries that are designated cultural
resources to which these Design Guidelines would be applicable.
The Cultural Resources District Commercial Design Guidelines guide new projects or modifications to
existing historical commercial buildings. The Design Guidelines are applicable to any historical building in
the Cultural Resources District, which a portion is a part of the Specific Plan area.
The Design Guidelines are to be used to determine whether new building alterations, additions, new infill
buildings, signs, and other improvements are appropriate for the commercial district within Old Town
Tustin. These Design Guidelines are intended to be flexible in nature in order to respond to changes in the
use of properties, in addition to opportunities for adaption and reuse of existing structures. These Design
Guidelines were developed to protect Old Town Tustin and the features that contribute to the area's
unique identity and character, and to provide flexibility to complement the District's distinctive architecture,
character, and streetscape.
Within the Cultural Resources District, project design is required to be reviewed and approved through a
design review process prior to the issuance of a building permit. Design review is required for any project
involving new structures, major exterior alteration or enlargement of an existing structure, and/or buildings
needing to be relocated. In addition, a Certificate of Appropriateness is necessary prior to, or concurrent
with, a building permit for all permitted structures in the Cultural Resources District. As stated in TCC Article
9, Chapter 2, Part 5, Section 9252f, a Certificate of Appropriateness shall be required prior to:
• New construction.
• Alteration of the exterior features of a building or site within a designated Cultural Resource
District, or alteration of a Designated Cultural Resource, or construction of improvements within a
designated Cultural Resources District requiring a City building permit.
• Demolition or removal of any Designated Cultural Resource or of any improvements in a Cultural
Resources District.
The Director of Community Development (or Designee) is authorized to do the following: 1) Approve, 2)
Approve with conditions, or 3) Deny Certificates of Appropriateness for improvements requiring a City
building permit, including demolition and relocation of structures. A Certificate of Appropriateness is
granted for a finite amount of time; refer to TCC Article 9, Chapter 2, Part 5, Section 9252 to ensure work
is completed within the time frame allotted by the Certificate.
5.1.3 ENVIRONMENTAL SETTING
Aesthetic resources include a combination of numerous elements, such as landforms, vegetation, water
features, urban design, and/or architecture, that impart an overall visual impression that is pleasing to, or
valued by, its observers. Factors important in describing the aesthetic resources of an area include visual
character, scenic resources, and scenic vistas. These factors together not only describe the intrinsic aesthetic
appeal of an area, but also communicate the value placed upon a landscape or scene by its observers.
Scenic Vistas
Scenic vistas are panoramic views of important visual features, as seen from public viewing areas. The
City's General Plan does not identify any scenic vistas within the City. The dominant scenic resource in the
Specific Plan area is views of the Santa Ana Mountains from east facing street corridors within the Specific
Plan area that are intermittently obstructed by existing development and mature landscaping. Due to the
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developed urban landscape and the lack of topography in the Specific Plan area, no other scenic vistas
exist from or of the Specific Plan area. In addition, the Orange County Scenic Highway Plan does not
identify any scenic routes within the City of Tustin; and there are no designated or eligible state scenic
highways within or nearby the Specific Plan area (Caltrans, 2017).
Visual Character and Quality
The Specific Plan area is a developed urban area that is generally laid out in a grid system, whereby the
streets define the location of development. The existing visual character of the Specific Plan area consists
of a low-density urban downtown area with small scale commercial development, neighborhood shopping
centers, strip commercial, "main street," small scale office, civic facilities, park and auto -oriented drive-
throughs. Existing buildings are one to three stories in height. Newport Avenue, in particular, is
characterized by predominantly low-rise, single -story buildings and expansive parking lots.
The Old Town Tustin area (located generally between B Street and Prospect Avenue, and parcels from
Sixth Street up to First Street) has streetscape elements that contribute to an aesthetically pleasing
pedestrian environment. These elements include mature trees, sidewalks, marked crosswalks, bulb -outs,
ground -floor windows, awnings, pedestrian -level lighting, signage, potted plants and planters and
streetscape elements.
A range of public gateways and signs throughout the Specific Plan area creates varied visual effects as
different design guidelines allow for a variety of way -finding signage, lighting, and street furnishings.
Streetscape elements such as benches, light fixtures, planters, bollards, trash receptacles, and bus shelters
also vary in style throughout the area. The result in the Specific Plan area is a mixture of different
streetscape elements that produce an inconsistent look and feel. Along First Street, unique private signage
along building facades adds diversity and a "vintage" theme. In contrast, more recent commercial signage
along First Street and Newport Avenue, diverges from the Old Town character.
Light and Glare
Nighttime lighting associated with the existing urban development is present throughout the Specific Plan
area. Existing lighting involves street lights, parking lot and building facade lighting, interior illumination
passing through windows, and illumination from vehicle headlights. Sensitive receptors relative to lighting
and glare include residents living in the Specific Plan area, and motorists and pedestrians passing through
the Specific Plan area.
Glare can emanate from many different sources, some of which include direct sunlight, sunlight reflecting
from cars or buildings, and bright outdoor or indoor lighting. Glare in the Specific Plan area is generated
by building and vehicle windows reflecting light. However, there are no buildings, structures, or facilities in
the Specific Plan area that presently generate substantial glare since most of the buildings are constructed
of non -reflective materials and are not surfaced with a substantial number of windows adjacent to one
another that would create a large reflective area. In addition, surface parking lots in the area are not
substantially large and are generally separated by buildings, walkways, landscaping and other non -
reflective surfaces; therefore, the source of glare from sunlight or exterior light reflecting from car
windshields is limited.
5.1.4 THRESHOLDS OF SIGNIFICANCE
Appendix G of the State CEQA Guidelines indicates that a project could have a significant effect if it
were to:
AE -1 Have a substantial adverse effect on a scenic vista?
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AE -2 Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
AE -3 Substantially degrade the existing visual character or quality of the site and its
surroundings?
AE -4 Create a new source of substantial light or glare which would adversely affect day or
nighttime views in the area?
The Initial Study, included as Appendix A, established that the project would result in no impacts related to
Thresholds AE -1 and AE -2; no further assessment of these impacts is required in this EIR. The Initial Study
also substantiated that Thresholds AE -3 and AE -4 would have less than significant impacts, however, these
impact areas have been carried forward from the Initial Study for further analysis in this EIR.
5.1.5 METHODOLOGY
Aesthetic resources were assessed based on the visual quality of the area immediately surrounding the
Specific Plan area and the impacts with respect to the existing aesthetic environment. The significance
determination for scenic vistas is based on consideration of whether the vista can be viewed from public
areas within or near the Specific Plan area and the potential for implementation of the Specific Plan to
either hinder views of the scenic vista or result in its visual degradation. The evaluation of aesthetics
character identifies the proposed Specific Plan's development characteristics and the expected
appearance, and compares it to the area's existing appearance and character, compared to the character
of adjacent existing and future planned uses to determine whether and/or to what extent a degradation
of the visual character of the area could occur. Factors considered include the blending/contrasting of new
and existing buildings given the proposed uses, density, height, bulk, setbacks, signage, etc. An impact
would be considered significant if the project would result in development that is incompatible with existing
uses in relation to type of use or scale or is inconsistent with adopted policies regarding visual and urban
design quality.
The EIR recognizes that assessment of whether changes in the character of development from existing
conditions would be comparatively better (substantially improved) or worse (substantially degraded) is
largely subjective. The following analysis, therefore, focuses in a factual manner on the extent to which new
development pursuant to the proposed Specific Plan would be compatible or conflict with the area's
existing character or features.
The analysis of light and glare identifies light-sensitive land uses and describes the Specific Plan's
proposed light and glare sources, and the extent to which project lighting, including illuminated signage,
could spill off the project site onto adjacent existing and future light-sensitive areas. The analysis also
considers the potential for sunlight to reflect off building surfaces (glare) and the extent to which such
glare would interfere with the operation of motor vehicles or other activities.
5.1.6 ENVIRONMENTAL IMPACTS
IMPACT AE -1: THE PROJECT WOULD NOT SUBSTANTIALLY DEGRADE THE EXISTING VISUAL
CHARACTER OR QUALITY OF THE SITE AND ITS SURROUNDINGS [THRESHOLD AE -31.
Less than Significant Impact. The proposed Specific Plan would guide infill development, which would
alter the existing visual character of the Specific Plan area over the plan implementation period (through
2035) by introducing additional mixed-use development to the area. The Specific Plan provides design
criteria, which includes requirements and guidelines for specific development sites, new community
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amenities, and architectural designs specific to each of the DA's. The design criteria in the Specific Plan
provides for compatibility with existing uses to enhance the aesthetics and character of the Specific Plan
area. The Specific Plan provides design guidelines for streetscape improvements that includes a specified
palette of street trees, street furniture (planters, benches, bicycle parking, trash receptacles, etc.),
wayfinding signage, and open space areas. Implementation of the Specific Plan's design criteria with
improvements to existing streetscapes, would enhance the existing visual character of the Specific Plan
area as the Specific Plan's design criteria would promote compatibility for new improvements with the
area. The urban design vision and descriptions of the physical changes that would occur in the six DAs,
including the three subareas (DA -6A, DA -613, and DA -6C) are summarized below and illustrated in Figure
3-6, Urban Design Plan.
DA -1, DA -2, and DA -3: First Street
First Street, located north of Old Town at the terminus of EI Camino Real, is the focus of three DAs: DA -1,
DA -2 and DA -3. The boundaries of DA -1 stretch from the 55 Freeway to C Street and DA -2 extends from
C Street to Centennial Way. DA -1 and DA -2 currently provides a mix of retail, services, offices,
restaurants, medical services, hospitality, and auto services. Residential mixed use (approved through a
discretionary permit) would be allowed on upper floors of two and three-story buildings, with commercial
use provided on the ground floor. Because most parcels in the western portion of First Street are small, the
Specific Plan establishes a maximum building or tenant space size of 10,000 square feet in DA -1 as well
as design that emphasizes the pedestrian realm through landscaping, pedestrian patios and parking lot
setbacks. This building size limitation would encourage pedestrian -scale development, and through building
placement adjacent to the street, would support the transformation of First Street from a four -lane arterial
to a pedestrian and bicycle friendly street, which would enhance (and not degrade) the visual character
and quality of the area. The planned First Street improvements include reducing the number of traffic lanes
and lane widths, adding street parking, providing a bike lane, and expanding the pedestrian sidewalk (an
8 -foot -wide sidewalk on the north side and a 10 -foot -wide sidewalk on the south side of First Street). It is
anticipated that these changes would improve the existing visual character and quality of the area.
DA -3 is situated in the eastern portion of First Street extending from approximately Centennial Way to
Newport Avenue. An important characteristic of DA -3 is its large parcels, which facilitate the
implementation of broad scale mixed use shopping, gathering, and entertainment destinations. The urban
design vision for DA -3 adjacent to Newport Avenue includes commercial buildings with active ground floor
uses or vertical format mixed use buildings with commercial use on the ground floor and up to three floors
of residential use above. The mixed use requires approval of a discretionary permit. Vertical residential
mixed use would be allowed up to three stories high along First Street and Irvine Boulevard. Vertical or
horizontal mixed use would be allowed up to three stories high along Centennial Way and Holt Avenue,
with up to four stories high within the interior of the parcels (see the development standards in Table 3.2).
The intent is to place buildings close to the street to create a strong visual edge with easy access from the
sidewalk. The Specific Plan provides specific criteria, including setbacks, landscaping, and architectural
treatments that would ensure that a degradation of the character of DA -3 would not occur with
implementation of the vision for this DA.
DA -4: Old Town Tustin
DA -4 consists of Old Town, located between C Street on the west and Prospect Avenue on the east, from
south of the First Street frontage to Sixth Street. Many historic buildings are located within this DA,
concentrated primarily at the intersection of Main Street and EI Camino Real, which visually characterizes
the area. DA -4 is part of the Cultural Resources District and properties within this district, as well as
identified historic resources in other parts of the City, are subject to the Cultural Resources District
Commercial Design Guidelines and/or Residential Design Guidelines.
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With the approval of a discretionary permit, generally vertical residential mixed uses would be allowed
on upper floors in buildings that would be up to three stories high. The Specific Plan requires new
development be designed to provide pedestrian -oriented commercial on the ground floor. While vertical
mixed use is primarily envisioned, a horizontal format is not precluded pending a site that could
accommodate such and adhere to the Specific Plan. New development consistent with the historic
pedestrian -oriented pattern of Old Town, would be allowed pursuant to the Cultural Resources District
Design Guidelines, and would create a continuous walkable area that draws visitors to new and existing
shops, restaurants, and leisure activities. The Specific Plan Design Guidelines for DA -4 are intended to
enhance the visual character of the Old Town Tustin area.
The planned Main Street improvements (which span both DA -4 and DA -5) include reducing the number of
traffic lanes and lane widths, adding angled street parking, providing an on -street bike lane on the north
side, expanding the pedestrian sidewalk on the south side to accommodate a shared sidewalk/bicycle
lane, and installing an entry arch spanning the street. These planned improvements foster a pedestrian -
friendly environment, lead patrons in the direction of Old Town, and transform the street from auto -
dominated to a pedestrian and bicycle -friendly link between the Tustin Branch Library and Civic Center,
Old Town, and the shopping centers and bicycle path along Newport Avenue, which would enhance the
visual character of the area. The Specific Plan also includes a program to gradually replace the existing
Ficus trees, predominantly in DA -4, with a new tree species identified in the Street Tree Palette, 48 -inch
box sized or larger. The Ficus is a non-native tree that has invasive roots, and these trees have sometimes
negatively affected some infrastructure within the Specific Plan area, including by penetrating water and
sewer pipes and uplifting sidewalk pavement, creating potentially unsafe and unsightly conditions. To
maintain the visual character of the area, the replacement of trees would follow a systematic, phased tree
replacement schedule to replace all alternating Ficus trees within the Specific Plan area and then cycle
back to replace the remaining Ficus trees.
In addition, the Specific Plan provides multiple opportunities to expand the pedestrian environment,
including parklets in strategic locations along EI Camino Real, pocket green spaces and plazas, and
enhanced pedestrian crosswalks, which would also enhance the visual character of the area.
The Specific Plan states that the architectural styles and historic character are the highest priority in DA -4,
and that developments shall be consistent with the City of Tustin's Cultural Resources District Design
Guidelines, which apply to all residential and commercial projects within the Cultural Resources District.
Thus, implementation of the Specific Plan would not result in a degradation of the visual character of the
area; conversely, the Specific Plan would provide for improvements.
DA -5: Newport Avenue
DA -5 includes Newport Avenue from First Street to EI Camino Real (excluding parcels located within a
major shopping center on the west side within DA -3) and a portion of Main Street including the Tustin Civic
Center and Tustin Branch Library.
The Specific Plan's vision for redevelopment of the clusters of parcels along the east side of Newport
Avenue is to balance the auto -centric nature of the arterial by locating buildings up to four stories high
close to the street to create a strong presence and to screen parking lots in the interior of the parcels.
Within these parcels, the vision for new development provides enhanced pedestrian amenities such as
outdoor dining, gathering areas, and walkways that connect the parking lot and buildings to place greater
emphasis on pedestrians, which would enhance the visual character of the area.
Improvements to Main Street east of Prospect Avenue within DA -5 address vehicular, pedestrian, and
bicycle travel, on -street parking, pedestrian bulb outs and enhanced crossings, and landscaping to visually
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Downtown Commercial Core Specific Plan 5.1 Aesthetics
support a transformation of what was previously designated as an arterial roadway. The Main Street
improvements envisioned by the Specific Plan include:
• Reducing the street from a four -lane roadway (two lanes in each direction) to a two-lane roadway
(one lane in each direction) and reducing vehicular travel lanes from 13.5 to 10 feet. This would
allow space for the addition of a landscaped center median and on -street diagonal parking on
the south side of the street.
• Providing an on -street bicycle lane (Class 2) on the north side of the street, to be accessed from
the off-street bicycle lane (Class 1) along the west side of Newport Avenue.
• Expanding the pedestrian sidewalk with an integrated bicycle lane and decorative pavement on
the south side of the street.
• Aligning the Tustin Branch Library driveway on the north side of Main Street with the Tustin Plaza
driveway on the south side, including bulb outs that narrow the roadway and a crosswalk with
decorative pavement that calls attention to pedestrians crossing between the library and Civic
Center on the north and Tustin Plaza on the south side of the street.
• Providing an entry arch spanning Main Street near the intersection with Centennial Way to draw
attention to Old Town and add aesthetic appeal.
• Adding a new landscaped median and additional trees along the street to foster a pedestrian -
friendly environment.
The purpose of the planned Main Street improvements within DA -5 is to strengthen the pedestrian and
bicycle connections between the adjacent Tustin Plaza, the nearby library and Civic Center, and Old Town.
The Specific Plan also encourages that future improvements to nearby parcels strengthen the orientation
and connection of buildings to Main Street. Overall, these planned improvements and design criteria that
would be implemented for each development project to enhance the existing visual environment, and
would ensure that a degradation of the visual character of the area would not occur.
DA -6A: South of Sixth Street
DA -6A encompasses the blocks on the south side of Sixth Street from 1-5 to B Street. This DA includes an
approved 140 -unit condominium development, a self -storage facility, the Tustin Boys and Girls Club, and a
small church building. The recently approved condominium development exemplifies the urban design
vision for this DA, as it is designed to be sensitive to the existing single-family residences on the north side
of Sixth Street within the Cultural Resources District. This is accomplished through use of historic architectural
styles, articulated building mass, limiting buildings adjacent to Sixth Street to two stories, allowing up to
four stories adjacent to the freeway, and featuring stepped down one-story elements and patios on the
front facades facing Sixth Street. The planning of this DA provides for a visual transition between
developed areas, which would complement the character of the area. The vision for this DA is to transition
entirely to residential development (requiring a discretionary entitlement; however, one residential unit per
parcel is allowed by right with administrative Design Review). Implementation of this vision along with the
Specific Plan's design criteria, would assure that visual degradation of the character of the area would not
occur.
DA -6B South of Sixth Street
The boundaries of DA -613 include B Street on the west, Sixth Street on the north, the eastern frontage of EI
Camino Real, 1-5 on the south, and Newport Avenue on the southeast. DA -613 is intended to serve as a
mixed use shopping, gathering, and entertainment destination. Residential units would be approved
through a discretionary entitlement, and may be development as vertical and/or horizontal mixed use.
City of Tustin 5.1-8
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Downtown Commercial Core Specific Plan 5.1 Aesthetics
The design vision for DA -613 includes active ground floor buildings up to four stories high adjacent to
Newport Avenue and EI Camino Real. Buildings up to three stories are envisioned along Sixth Street, which
may include ground floor commercial near EI Camino Real and residential through horizontal mixed use
further west on Sixth Street. In the interior of the parcels clustered on the west side of EI Camino Real,
buildings up to four stories are allowed (up to five stories adjacent to I-5) and may include ground floor
residential through horizontal mixed use.
The design vision for the parcels clustered on the west side of EI Camino Real includes building siting that
facilitates community gathering through large public plazas and emphasizes pedestrian orientation,
especially in the northern part of the DA adjacent to Old Town. The vision for the architectural design is to
make a statement that attracts attention and draws patrons from Newport Avenue, yet is compatible with
the historic character of the adjacent Old Town.
The east side of EI Camino Real features shallow parcels, facilitating commercial rather than mixed use.
Pedestrian -friendly building siting and design is encouraged on the east side. The architectural design on
the east side of EI Camino Real is envisioned to complement the design on the west side, in a smaller scale.
This vision and the design criteria that would be implemented for each development project would enhance
the existing visual environment through community orientation and architectural treatments, and would
ensure that a degradation of the visual character of the area would not occur.
DA -6C: East of Newport Avenue
DA -6C is bordered on the northeast by EI Camino Real, on the northwest by Newport Avenue, and on the
south by 1-5. The Specific Plan envisions this DA to be developed likely with horizontal mixed use, with
commercial clustered in the northwestern portion of the DA along Newport Avenue and EI Camino Real and
residential on the remainder along EI Camino Real. Buildings along Newport Avenue and immediately
adjacent to EI Camino Real are envisioned to be four stories or less, but five -story buildings would be
appropriate adjacent to 1-5.
As detailed above, for each DA, the proposed Specific Plan provides design criteria that would respect
the existing character of all the DAs. Development standards and design criteria in the Specific Plan would
ensure that new buildings incorporate visually interesting active ground floors and public realm
improvements that would include creating active outdoor gathering spaces, outdoor seating areas, and
installation of landscaping. Furthermore, the City's Cultural Resources District Commercial Design Guidelines
and Residential Design Guidelines and Certificate of Appropriateness process (TCC Article 9, Chapter 2,
Part 5, Section 9252) would ensure that new uses and structures enhance their sites and are harmonious
with the highest standards of improvements to the surrounding area and total community.
These public realm improvements and design criteria would create a high-quality and active pedestrian
environment that is compatible with the existing surrounding community. With the introduction of additional
higher intensity buildings, various aspects of the visual character of the Specific Plan area would change.
However, as described above, these changes would provide compatibility in scale and character and
would not result in a degradation of visual character.
Overall, implementation of the proposed Specific Plan would not degrade the character of the area or
surrounding lands. Rather, the development standards and design criteria included in the Specific Plan
would ensure that development projects would enhance the character of the area. Therefore, impacts
related to the visual character or quality of the Specific Plan area and its surroundings would be less than
significant.
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IMPACT AE -2: THE PROJECT WOULD NOT CREATE A NEW SOURCE OF SUBSTANTIAL LIGHT OR
GLARE WHICH WOULD ADVERSELY AFFECT DAY OR NIGHTTIME VIEWS IN THE AREA
[THRESHOLD AE -4].
Less than Significant Impact. Light and glare sensitive uses include the existing residences and the
proposed residences that are located within the Specific Plan area.
Construction
Limited, if any, nighttime lighting would be needed during construction projects implemented by the
Specific Plan because Article 4, Chapter 6, Section 4616 of the TCC limits construction activities to the
hours of 7:00 a.m. and 6:00 p.m. on a weekday or between the hours of 9:00 a.m. and 5:00 p.m. on a
Saturday. Construction activities may be permitted outside of those limitations identified in the case of
urgent necessity or upon a finding that such approval will not adversely impact adjacent properties and
the health, safety and welfare of the community if a temporary exception is granted. Thus, most
construction activity would occur during daytime hours, and construction -related low-level illumination
would be used for safety and security purposes only. In addition, construction activities do not include any
materials or machinery that would generate offsite glare. Therefore, impacts related to lighting and glare
during construction activities would be less than significant.
Operation
Lighting
The proposed Specific Plan area is urbanized and includes a mix of residential, retail, and office land
uses. Sources of light include interior and exterior building lighting, parking lot lighting, vehicular lighting,
street lighting, and landscape lighting. Implementation of the proposed Specific Plan would increase
overall nighttime lighting because it would result in greater intensity and density of land uses than currently
exists. New lighting would accompany all new development, including exterior lighting for streetlights,
parking lots, signs, walkways, and interior lighting, which could be visible through windows to the outside.
In addition, existing and proposed residential uses, considered light-sensitive receptors, would be located
throughout the Specific Plan area.
The requirements of Article 9, Chapter2, Part 7, Section 9271 hh(b) of the TCC related to lighting and
shielding of light sources limit the potential for increased lighting on sensitive uses. Light emanating from
new uses within the Specific Plan area would be required to be either low scaled lighting or shielded to
focus lighting and prevent lighting from spilling onto adjacent sensitive uses, such as residential, or from
streaming directly into streets, which could impair views of drivers on streets at night. With compliance with
the TCC, which is checked by the City through the building plan check and project permitting process,
impacts related to increased sources of light would be less than significant.
Glare
Glare can emanate from many different sources, some of which include direct sunlight, sunlight reflecting
from cars or buildings, and bright outdoor or indoor lighting. Glare from reflective surfaces could occur if
development uses large expanses of glass, metal, and other reflective surfaces for building facades.
However, the Specific Plan area is currently developed with similar urban land uses, and implementation
of the Specific Plan would not result in a substantial net increase in daytime glare, even though an increase
in building area would occur. Implementation of the Specific Plan's design criteria, Section 4.3.5, Materials
and Colors, would encourage use of traditional materials including brick, stone, and wood. Highly reflective
and mirrored surfaces would be prohibited (except glass used for windows in a traditional manner).
Furthermore, all projects would require design review, which would ensure that reflective surfaces that
would result in glare are not used in projects implemented pursuant to the proposed Specific Plan. The
requirements of TCC Article 9, Chapter 2, Part 7, Section 9271 hh(a) state that outdoor lighting shall be
City of Tustin 5.1-10
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Downtown Commercial Core Specific Plan 5.1 Aesthetics
designed to minimize glare and conflict from unnecessary illumination Thus, with compliance with the
Specific Plan's design criteria that are checked by the City through the design review, plan check and
development permit process, and compliance with TCC, impacts related to increased sources of glare
would be less than significant.
5.1.7 CUMULATIVE IMPACTS
Less than Significant Impact. The cumulative aesthetics analysis area for the proposed Specific Plan is the
viewshed that the Specific Plan areas lie within. Like the Specific Plan area, the cumulative analysis area
has been long developed with urban uses and is defined by a grid system of roadways. Thus, cumulative
development would be characterized as infill, and would primarily consist of increasing existing
development intensities. As a result, cumulative development would reinforce the existing urban and
developed character of the area. Future cumulative development would result in changes to the existing
development intensities through conversion of vacant land to developed uses, as well as through the
conversion of existing land uses to higher development intensities. However, because the General Plan sets
forth policies to protect the character of existing development (as previously listed), it is anticipated that
cumulative projects adopted in a manner consistent with those General Plan policies would not cumulatively
degrade the existing character of area land uses. As a result, there would be no significant cumulative
impact to which implementation of the proposed Specific Plan could contribute.
The cumulative change in visual condition that would result from the proposed Specific Plan, in combination
with nearby projects, would not be considered adverse because, as described previously, the proposed
Specific Pan would provide design criteria with respect to architecture, landscaping, signs, lighting, and
other related items. The design criteria have the goal of improving the visual quality of the Plan area by
providing requirements and guidelines to ensure consistent, quality development. Thus, with implementation
of the proposed Specific Plan's associated development standards and design criteria (and the TCC where
the Specific Plan is directing and/or silent), implementation of the proposed Specific Plan would result in a
less than significant cumulatively considerable impact related to degradation of the existing visual
character or quality of the site and its surroundings.
The cumulative study area for light and glare for the proposed Specific Plan area is immediately adjacent
to lands that could receive light or glare from new development within the Specific Plan, or could generate
daytime glare or nighttime lighting that would be visible within the Specific Plan area. All such areas
contain a variety of sources of nighttime lighting, such as roadways, vehicle lights, exterior security lighting,
as well as sources of daytime glare, such as glass windows on buildings. Because cumulative projects would
result in more intense development than currently exists, the proposed Specific Plan, in combination with
past, present, and reasonably foreseeable future projects could create significant cumulative nighttime
lighting and daytime glare impacts. However, application of the TCC regulations and the Specific Plan's
design criteria would avoid significant effects. These regulations state that lighting shall be shielded to
prevent light from shining onto adjacent properties, and exclude features that could create glare. With
implementation of the existing City regulations and the Specific Plan's Design Guidelines, the development
that would occur by the implementation of the Specific Plan would not result in a cumulatively considerable
contribution of light and glare. Thus, the cumulative effects of development from the Specific Plan in
combination with cumulative projects related to light and glare are less than significant.
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Downtown Commercial Core Specific Plan 5.1 Aesthetics
5.1.8 EXISTING REGULATIONS, STANDARD CONDITIONS, AND
PLANS, PROGRAMS, OR POLICIES
Existing Regulations
• City of Tustin General Plan Land Use Element
• City of Tustin City Code
o Article 4, Chapter 6, Section 4617
o Article 9, Chapter 2, Part 5, Section 9252
o Article 9, Chapter 2, Part 7, Section 9271 hh
• City of Tustin Cultural Resources District Commercial Design Guidelines
• City of Tustin Cultural Resources District Residential Design Guidelines
Plans, Program and Policies (PPPs) and Standard Conditions
None.
5.1.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Less than Significant Impact. Upon implementation of regulatory requirements and the proposed Specific
Plan's design criteria, Impacts AE -1 and AE -2 would be less than significant.
5.1.10 MITIGATION MEASURES
No mitigation measures are required.
5.1.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Less than Significant Impact. Existing regulatory programs and the proposed Specific Plan's design
criteria would reduce potential impacts associated with aesthetics for Impacts AE -1 and AE -2 to a level
that is less than significant. Therefore, no significant unavoidable adverse impacts related to aesthetics
would occur.
REFERENCES
California Department of Transportation (Caltrans) Scenic Highways Program. Accessed at:
http://www.dot.ca.gov/hq/LandArch/I 6—livability/scenichighways/scenic_hwy.htm.
County of Orange Scenic Highway Plan. Accessed at:
https://www.ocgov.com/civicax/filebank/blobdload.aspx?blobid=8588
Tustin City Code (2017). Accessed at:
https://Iibrary.municode.com/ca/tustin/codes/code_of_ordinances?nodeld= l 1 307
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5.2 Air Quality
5.2.1 INTRODUCTION
This section provides an overview of the existing air quality within the Specific Plan area and surrounding
region, a summary of applicable regulations, and analyses of potential short-term and long-term air
quality impacts from implementation of the proposed Specific Plan. Mitigation measures are recommended
as necessary to reduce significant air quality impacts. This section is based upon the Tustin Downtown
Commercial Core Specific Plan Focused Air Quality and Greenhouse Gas Analysis, Prepared by Urban
Crossroads, 2017, which is included as Appendix B.
5.2.2 REGULATORY SETTING
United States Environmental Protection Agency
Criteria Air Pollutants
At the federal level, the United States Environmental Protection Agency (USEPA) has been charged with
implementing national air quality programs. The USEPA's air quality mandates are drawn primarily from
the federal Clean Air Act (CAA), which was enacted in 1970. The most recent major amendments to the
CAA were made by Congress in 1990. The CAA requires the USEPA to establish National Ambient Air
Quality Standards (NAAQS). The USEPA has established primary and secondary NAAQS for the following
criteria air pollutants: ozone, CO, NO2, SO2, PM10, PM2.5, and lead. Table 5.2-1 shows the NAAQS for
these pollutants.
The CAA also requires each state to prepare an air quality control plan, referred to as a state
implementation plan (SIP). The CAA Amendments of 1990 (CAAA) added requirements for states with
nonattainment areas to revise their SIPs to incorporate additional control measures to reduce air pollution.
The SIP is modified periodically to reflect the latest emissions inventories, planning documents, and rules
and regulations of the air basins, as reported by their jurisdictional agencies. The USEPA is responsible for
reviewing all SIPs to determine whether they conform to the mandates of the CAA and its amendments,
and to determine whether implementing the SIPs will achieve air quality goals. If the USEPA determines a
SIP to be inadequate, a federal implementation plan that imposes additional control measures may be
prepared for the nonattainment area. If an approvable SIP is not submitted or implemented within the
mandated time frame, sanctions may be applied to transportation funding and stationary sources of air
pollution in the air basin.
The USEPA also has regulatory and enforcement jurisdiction over emission sources beyond state waters
(outer continental shelf), and those that are under the exclusive authority of the federal government, such
as aircraft, locomotives, and interstate trucking. The USEPA's primary role at the state level is to oversee
state air quality programs. The USEPA sets federal vehicle and stationary source emissions standards and
provides research and guidance in air pollution programs.
Hazardous Air Pollutants
The USEPA has programs for identifying and regulating hazardous air pollutants (HAPs). Title III of the
CAAA directed the USEPA to promulgate national emissions standards for HAPs (NESHAP). Major sources
are defined as stationary sources with potential to emit more than 10 tons per year (tpy) of any HAP or
more than 25 tpy of any combination of HAPs; all other sources are considered area sources. The emissions
standards are to be promulgated in two phases. In the first phase (1992-2000), the USEPA developed
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technology-based emission standards designed to produce the maximum emission reduction achievable.
These standards are generally referred to as requiring maximum achievable control technology (MACT).
For area sources, the standards may be different, based on generally available control technology. In the
second phase (2001-2008), the USEPA promulgated health -risk-based emissions standards when deemed
necessary, to address risks remaining after implementation of the technology-based NESHAP standards.
Table 5.2-1: Ambient Air Quality Standards for Criteria Pollutants
Pollutant
Averaging Time
State
Standard
National
Standard
Pollutant Health and Atmospheric
Effects
Major Pollutant Sources
Ozone
1 hour
0.09 ppm
---
High concentrations can directly
Formed when ROG and NOx react in
8 hours
0.07 ppm
0.075 ppm
affect lungs, causing irritation.
the presence of sunlight. Major sources
Particulate
Annual
Matter
Arithmetic Mean
Long-term exposure may cause
include on -road motor vehicles, solvent
Disturbs gastrointestinal system,
Calendar
---
damage to lung tissue.
evaporation, and commercial
Quarter
and neuromuscular and
industrial mobile equipment.
Carbon
1 hour
20 ppm
35 ppm
Classified as a chemical
Internal combustion engines, primarily
Monoxide
8 hours
9.0 ppm
9 ppm
asphyxiant, carbon monoxide
gasoline -powered motor vehicles.
(CO)
Nitrogen
1 hour
Dioxide
Annual
(NO2)
Arithmetic Mean
Sulfur
1 hour
Dioxide
3 hours
(SO2)
24 hours
Annual
death. Reduces visibility and results
Arithmetic Mean
Respirable
24 hours
Particulate
Annual
Matter
Arithmetic Mean
(PMto)
---
0.18 ppm 0.100 ppm
0.030 ppm 0.053 ppm
0.25 ppm
75 ppb
---
0.50 ppm
0.04 ppm
0.14 ppm
---
0.03 ppm
50 pg/m3
150 pg/m3
20 Ug/m3
---
interferes with the transfer of fresh
oxygen to the blood and deprives
sensitive tissues of oxygen.
Irritating to eyes and respiratory
tract. Colors atmosphere reddish -
brown.
Irritates upper respiratory tract;
injurious to lung tissue. Can yellow
the leaves of plants, destructive to
marble, iron, and steel. Limits
visibility and reduces sunlight.
May irritate eyes and respiratory
tract, decreases in lung capacity,
cancer and increased mortality.
Produces haze and limits visibility.
Fine
24 hours
---
35 pg/m3
Increases respiratory disease, lung
Particulate
Annual
12 pg/m3
12 pg/m3
damage, cancer, and premature
Matter
Arithmetic Mean
death. Reduces visibility and results
(PM2.5)
in surface soiling.
Lead (Pb)
30 Day Average
1.5 pg/m3
---
Disturbs gastrointestinal system,
Calendar
---
1.5 pg/m3
and causes anemia, kidney disease,
Quarter
and neuromuscular and
Rolling 3 -Month
---
0.15 pg/m3
neurological dysfunction (in severe
Average
cases).
Hydrogen
1 hour
0.03 ppm
No National
Nuisance odor (rotten egg smell),
Sulfide
Standard
headache and breathing difficulties
(higher concentrations)
Sulfates
24 hour
25 pg/m3
No National
Decrease in ventilatory functions;
(SO4)
Standard
aggravation of asthmatic
symptoms; aggravation of cardio-
pulmonary disease; vegetation
damage; degradation of visibility;
property damage.
Visibility
8 hour
Extinction of
No National
Reduces visibility, reduced airport
Reducing
0.23/km;
Standard
safety, lower real estate value,
Particles
visibility of
and discourages tourism.
10 miles or
more
NOTE: ppm = parts per million; ppb = parts per billion;
pg/m3 = micrograms
per cubic meter.
Motor vehicles, petroleum refining
operations, industrial sources, aircraft,
ships, and railroads.
Fuel combustion, chemical plants, sulfur
recovery plants, and metal processing.
Dust and fume -producing industrial and
agricultural operations, combustion,
atmospheric photochemical reactions,
and natural activities (e.g., wind -raised
dust and ocean sprays).
Fuel combustion in motor vehicles,
equipment, and industrial sources;
residential and agricultural burning;
Also, formed from photochemical
reactions of other pollutants, including
NOx, sulfur oxides, and organics.
Present source: lead smelters, battery
manufacturing and recycling facilities.
Past source: combustion of leaded
gasoline.
Geothermal power plants, petroleum
production and refining
Industrial processes.
See PM2.5.
The CAAA also required the USEPA to promulgate vehicle or fuel standards containing reasonable
requirements that control toxic emissions of, at a minimum, benzene and formaldehyde. Performance
criteria were established to limit mobile -source emissions of toxics, including benzene, formaldehyde, and
1,3 -butadiene. In addition, Section 219 required the use of reformulated gasoline in selected areas with
the most severe ozone nonattainment conditions to further reduce mobile -source emissions.
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California Air Resources Board
Criteria Air Pollutants
The California Air Resources Board (CARB), a department of the California Environmental Protection
Agency, oversees air quality planning and control throughout California. CARB is responsible for
coordination and oversight of state and local air pollution control programs in California and for
implementation of the California Clean Air Act (CCAA). The CCAA, which was adopted in 1988, requires
CARB to establish the California Ambient Air Quality Standards (CAAQS). CARB has established CAAQS
for sulfates, hydrogen sulfide, vinyl chloride, visibility -reducing particulate matter, and the above-
mentioned criteria air pollutants. Applicable CAAQS are shown in Table 5.2-1.
The CCAA requires all local air districts in the state to endeavor to achieve and maintain the CAAQS by
the earliest practical date. The act specifies that local air districts shall focus particular attention on
reducing the emissions from transportation and area -wide emission sources, and provides districts with the
authority to regulate indirect sources.
Among CARB's other responsibilities are overseeing compliance by local air districts with California and
federal laws, approving local air quality plans, submitting SIPs to the USEPA, monitoring air quality,
determining and updating area designations and maps, and setting emissions standards for new mobile
sources, consumer products, small utility engines, off-road vehicles, and fuels.
Diesel Regulations
The CARB and the Ports of Los Angeles and Long Beach have adopted several iterations of regulations for
diesel trucks that are aimed at reducing diesel particulate matter (DPM). More specifically, the CARB
Drayage Truck Regulation, the CARB statewide On -road Truck and Bus Regulation, and the Ports of Los
Angeles and Long Beach "Clean Truck Program" (CTP) require accelerated implementation of "clean
trucks" into the statewide truck fleet. In other words, older more polluting trucks will be replaced with
newer, cleaner trucks as a function of these regulatory requirements.
Moreover, the average statewide DPM emissions for Heavy Duty Trucks (HHDT), in terms of grams of DPM
generated per mile traveled, will dramatically be reduced due to these regulatory requirements. Diesel
emissions identified in this analysis would overstate future DPM emissions because not all the regulatory
requirements are reflected in the modeling.
Toxic Air Contaminants
Air quality regulations also focus on toxic air contaminants (TACs). In general, for those TACs that may
cause cancer, there is no concentration that does not present some risk. In other words, there is no safe
level of exposure. This contrasts with the criteria air pollutants, for which acceptable levels of exposure can
be determined and for which the ambient standards have been established. Instead, the USEPA and CARB
regulate HAPs and TACs, respectively, through statutes and regulations that generally require the use of
the MACT or best available control technology (BACT) for toxics and to limit emissions. These statutes and
regulations, in conjunction with additional rules set forth by the districts, establish the regulatory framework
for TACs.
TACs in California are regulated primarily through the Tanner Air Toxics Act (Assembly Bill [AB] 1807
[Chapter 1047, Statutes of 1983]) and the Air Toxics Hot Spots Information and Assessment Act (Hot Spots
Act) (AB 2588 [Chapter 1252, Statutes of 1987]). AB 1807 sets forth a formal procedure for CARB to
designate substances as TACs. This includes research, public participation, and scientific peer review
before CARB can designate a substance as a TAC. To date, CARB has identified more than 21 TACs and
adopted the USEPA's list of HAPs as TACs. Most recently, diesel PM was added to the CARB list of TACs.
Once a TAC is identified, CARB then adopts an airborne toxics control measure (ATCM) for sources that
emit that particular TAC. If there is a safe threshold for a substance at which there is no toxic effect, the
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control measure must reduce exposure below that threshold. If there is no safe threshold, the measure must
incorporate BACT to minimize emissions.
The Air Toxics Hot Spots Information and Assessment Act requires existing facilities emitting toxic substances
above a specified level to prepare a toxic -emission inventory, prepare a risk assessment if emissions are
significant, notify the public of significant risk levels, and prepare and implement risk reduction measures.
CARB published the Air Quality and Land Use Handbook: A Community Health Perspective (Handbook),
which provides guidance concerning land use compatibility with TAC sources (CARB, 2005). Although it is
not a law or adopted policy, the Handbook offers advisory recommendations for the siting of sensitive
receptors near uses associated with TACs, such as freeways and high -traffic roads, commercial distribution
centers, rail yards, ports, refineries, dry cleaners, gasoline stations, and industrial facilities, to help keep
children and other sensitive populations out of harm's way. In addition, CARB has promulgated the
following specific rules to limit TAC emissions:
• CARB Rule 2485 (13 CCR, Chapter 10 Section 2485), Airborne Toxic Control Measure to Limit
Diesel -Fueled Commercial Motor Vehicle Idling
• CARB Rule 2480 (13 CCR Chapter 10 Section 2480), Airborne Toxic Control Measure to Limit
School Bus Idling and Idling at Schools
• CARB Rule 2477 (13 CCR Section 2477 and Article 8), Airborne Toxic Control Measure for In -Use
Diesel Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets and Facilities Where
TRUs Operate
SCAQMD
Criteria Air Pollutants
South Coast Air Quality Management District (SCAQMD) attains and maintains air quality conditions in the
Basin through a comprehensive program of planning, regulation, enforcement, technical innovation, and
promotion of the understanding of air quality issues. The clean air strategy of SCAQMD includes
preparation of plans for attainment of ambient air quality standards, adoption and enforcement of rules
and regulations concerning sources of air pollution, and issuance of permits for stationary sources of air
pollution. SCAQMD also inspects stationary sources of air pollution and responds to citizen complaints;
monitors ambient air quality and meteorological conditions; and implements programs and regulations
required by the CAA, CAAA, and CCAA. Air quality plans applicable to the proposed Specific Plan are
discussed below.
Air Quality Management Plan
SCAQMD and the Southern California Association of Governments (SCAG) are responsible for preparing
the air quality management plan (AQMP), which addresses federal and state CAA requirements. The
AQMP details goals, policies, and programs for improving air quality in the Basin. The 2012 AQMP was
adopted by the SCAQMD Governing Board on December 12, 2012. The purpose of the 2012 AQMP for
the Basin is to set forth a comprehensive and integrated program that will lead the region into compliance
with the federal 24-hour PM2.5 air quality standard, and to provide an update to the Basin's commitment
towards meeting the federal 8 -hour ozone standards (SCAQMD, 2013). The AQMP would also serve to
satisfy recent USEPA requirements for a new attainment demonstration of the revoked 1 -hour ozone
standard, as well as a vehicle miles travelled (VMT) emissions offset demonstration.) Specifically, once
1 Although the federal 1 -hour ozone standard was revoked in 2005, the USEPA has proposed to require a new 1 -hour ozone attainment
demonstration in the South Coast extreme ozone nonattainment area as a result of a recent court decision. Although USEPA has replaced the
1 -hour ozone standard with a more health protective 8 -hour standard, the CAA anti -backsliding provisions require that California have
approved plans for attaining the 1 -hour standard.
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approved by CARB, the AQMP would serve as the official SIP submittal for the federal 2006 24-hour
PM2.5 standard, for which the USEPA has established a due date of December 14, 2012. In addition, the
AQMP updates specific new control measures and commitments for emissions reductions to implement the
attainment strategy for the 8 -hour ozone SIP. The 2012 AQMP set forth programs which require
integrated planning efforts and the cooperation of all levels of government: local, regional, state, and
federal.
In March 2017 AQMD finalized the 2016 AQMP, which continues to evaluate integrated strategies and
control measures to meet the NAAQS, as well as, explore new and innovative methods to reach its goals.
Some of these approaches include utilizing incentive programs, recognizing existing co -benefit programs
from other sectors, and developing a strategy with fair -share reductions at the federal, state, and local
levels. Similar to the 2012 AQMP, the 2016 AQMP incorporates scientific and technological information
and planning assumptions, including the 2016 RTP/SCS and updated emission inventory methodologies for
various source categories.
SCAQMD Rules and Regulations
All projects are subject to SCAQMD rules and regulations. Specific rules applicable to the proposed
Specific Plan include the following:
Rule 401 — Visible Emissions. A person shall not discharge into the atmosphere from any single source of
emission whatsoever any air contaminant for a period or periods aggregating more than three minutes in
any 1 hour that is as dark or darker in shade as that designated No. 1 on the Ringelmann Chart, as
published by the United States Bureau of Mines.
Rule 402 — Nuisance. A person shall not discharge from any source whatsoever such quantities of air
contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable
number of persons or to the public, or that endanger the comfort, repose, health, or safety of any such
persons or the public, or that cause, or have a natural tendency to cause, injury or damage to business or
property. The provisions of this rule do not apply to odors emanating from agricultural operations
necessary for the growing of crops or the raising of fowl or animals.
Rule 403 — Fugitive Dust. SCAQMD Rule 403 governs emissions of fugitive dust during and after
construction. Compliance with this rule is achieved through application of standard Best Management
Practices, such as application of water or chemical stabilizers to disturbed soils, covering haul vehicles,
restricting vehicle speeds on unpaved roads to 15 miles per hour, sweeping loose dirt from paved site
access roadways, cessation of construction activity when winds exceed 25 mph, and establishing a
permanent ground cover on finished sites.
Rule 403 requires project applicants to control fugitive dust using the best available control measures such
that dust does not remain visible in the atmosphere beyond the property line of the emission source. In
addition, Rule 403 requires implementation of dust suppression techniques to prevent fugitive dust from
creating a, offsite nuisance. Applicable Rule 403 dust suppression (and PMio generation) techniques to
reduce impacts on nearby sensitive receptors may include, but are not limited to, the following:
• Apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive
construction areas (previously graded areas inactive for 10 days or more).
• Water active sites at least three times daily. Locations where grading is to occur shall be
thoroughly watered prior to earthmoving.
• Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 0.6 meters (2
feet) of freeboard (vertical space between the top of the load and top of the trailer) in
accordance with the requirements of California Vehicle Code Section 23114.
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• Reduce traffic speeds on all unpaved roads to 15 miles per hour (mph) or less.
• Suspend all grading activities when wind speeds (including instantaneous wind gusts) exceed 25
mph.
• Provide bumper strips or similar best management practices where vehicles enter and exit the
construction site onto paved roads, or wash off trucks and any equipment leaving the site each
trip.
• Replant disturbed areas as soon as practical.
• Sweep onsite streets (and offsite streets if silt is carried to adjacent public thoroughfares) to
reduce the amount of particulate matter on public streets. All sweepers shall be compliant with
SCAQMD Rule 1186. 1, Less Polluting Sweepers.
Rule 445 — Wood Burning. This rule prohibits permanently installed wood burning devices into any new
development. A wood burning device means any fireplace, wood burning heater, or pellet -fueled wood
heater, or any similarly enclosed, permanently installed, indoor or outdoor device burning any solid fuel
for aesthetic or space -heating purposes, which has a heat input of less than one million British thermal units
per hour.
Rule 481 — Spray Coating. This rule applies to all spray painting and spray coating operations and
equipment and states that a person shall not use or operate any spray painting or spray coating
equipment unless one of the following conditions is met:
• The spray coating equipment is operated inside a control enclosure, which is approved by the
Executive Officer. Any control enclosure for which an application for permit for new construction,
alteration, or change of ownership or location is submitted after the date of adoption of this rule
shall be exhausted only through filters at a design face velocity not less than 100 feet per minute
nor greater than 300 feet per minute, or through a water wash system designed to be equally
effective for the purpose of air pollution control.
• Coatings are applied with high-volume low-pressure, electrostatic and/or airless spray equipment.
• An alternative method of coating application or control is used which has effectiveness equal to or
greater than the equipment specified in the rule.
Rule 1108 - Volatile Organic Compounds. This rule governs the sale, use, and manufacturing of asphalt
and limits the volatile organic compound (VOC) content in asphalt used in the Basin. This rule also regulates
the VOC content of asphalt used during construction. Therefore, all asphalt used during construction of the
project must comply with SCAQMD Rule 1108.
Rule 1 113 — Architectural Coatings. No person shall apply or solicit the application of any architectural
coating within the SCAQMD with VOC content in excess of the values specified in a table incorporated in
the Rule. A list of low/no-VOC paints is provided at the following SCAQMD website:
www.aqmd.gov/prdas/brochures/paintguide.html. All paints will be applied using either high volume low-
pressure spray equipment or by hand application.
Rule 1143 — Paint Thinners and Solvents. This rule governs the manufacture, sale, and use of paint
thinners and solvents used in thinning of coating materials, cleaning of coating application equipment, and
other solvent cleaning operations by limiting their VOC content. This rule regulates the VOC content of
solvents used during construction. Solvents used during the construction phase must comply with this rule.
Toxic Air Contaminants
Based on information available from CARB, overall cancer risk throughout the basin has had a declining
trend since 1990. In 1998, following an exhaustive 10 -year scientific assessment process, the State of
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California Air Resources Board (ARB) identified particulate matter from diesel -fueled engines as a toxic air
contaminant. The SCAQMD initiated a comprehensive urban toxic air pollution study, called MATES -II (for
Multiple Air Toxics Exposure Study). Diesel particulate matter (DPM) accounts for more than 70 percent of
the cancer risk.
In 2008, the SCAQMD prepared an update to the MATES -II study, referred to as MATES -III. MATES -III
estimates the average excess cancer risk level from exposure to TACs is an approximately 17 percent
decrease in comparison to the MATES -II study.
Nonetheless, the SCAQMD's most recent in-depth analysis of the toxic air contaminants and their resulting
health risks for all of Southern California was from the Multiple Air Toxics Exposure Study in the South
Coast Air Basin, MATES IV," which shows that cancer risk has decreased more than 55 percent between
MATES III (2005) and MATES IV (2012).
MATES -IV study represents the baseline health risk for a cumulative analysis. MATES -IV calculated cancer
risks based on monitoring data collected at ten fixed sites within the South Coast Air Basin (SCAB). None of
the fixed monitoring sites are within the local area of the Specific Plan area. However, MATES -IV has
extrapolated the excess cancer risk levels throughout the basin by modeling the specific grids. MATES -IV
modeling predicted an excess cancer risk of 977.48 in one million for the Specific Plan area. DPM is
included in this cancer risk along with all other TAC sources. DPM accounts for 68 percent of the total risk
shown in MATES -IV. Cumulative Specific Plan generated TACs are limited to DPM.
City of Tustin General Plan
The Conservation, Open Space, and Recreation Element of the City General Plan contains the following
goal and policies that are relevant to the proposed Specific Plan:
Goal 1: Reduce air pollution through proper land use, transportation and energy use planning.
Policy 1.3: Locate multiple family developments close to commercial areas to encourage pedestrian rather
than vehicular travel.
Policy 1.5: Provide commercial areas that are conducive to pedestrian circulation.
Policy 1.7: Create the maximum possible opportunities for bicycles as an alternative transportation mode
and recreational use.
Goal 2: Improve air quality by influencing transportation choices of mode, time of day, or whether to
travel and to establish a jobs/housing balance.
Policy 2.6: Encourage non -motorized transportation through the provision of bicycle and pedestrian
pathways.
Goal 4: Assure a safe, healthy and aesthetically pleasing community for residents and businesses.
Policy 4.1: Promote energy conservation in all sectors of the City including residential, commercial, and
industrial.
5.2.3 ENVIRONMENTAL SETTING
Climate and Meteorology
The Specific Plan area is located within the South Coast Air Basin (Basin), which is under the jurisdiction of
the SCAQMD. The Basin is a 6,600 -square -mile coastal plain bounded by the Pacific Ocean to the
southwest and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east. The
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Basin includes the non -desert portions of Los Angeles, Riverside, and San Bernardino counties, and all of
Orange County.
The ambient concentrations of air pollutants are determined by the amount of emissions released by
sources and the atmosphere's ability to transport and dilute such emissions. Natural factors that affect
transport and dilution include terrain, wind, atmospheric stability, and sunlight. Therefore, existing air
quality conditions in the area are determined by such natural factors as topography, meteorology, and
climate, in addition to the amount of emissions released by existing air pollutant sources.
Atmospheric conditions such as wind speed, wind direction, and air temperature gradients interact with the
physical features of the landscape to determine the movement and dispersal of air pollutants. The
topography and climate of Southern California combine to make the Basin an area of high air pollution
potential. The Basin is a coastal plain with connecting broad valleys and low hills, bounded by the Pacific
Ocean to the west and high mountains around the rest of the perimeter. The general region lies in the semi-
permanent high-pressure zone of the eastern Pacific, resulting in a mild climate tempered by cool sea
breezes with light average wind speeds. The usually mild climatological pattern is disrupted occasionally
by periods of extremely hot weather, winter storms, or Santa Ana winds. During the summer months, a
warm air mass frequently descends over the cool, moist marine layer produced by the interaction between
the ocean's surface and the lowest layer of the atmosphere. The warm upper layer forms a cap over the
cool marine layer and inhibits the pollutants in the marine layer from dispersing upward. In addition, light
winds during the summer further limit ventilation. Furthermore, sunlight triggers the photochemical reactions
which produce ozone.
Criteria Air Pollutants
The CARB and the USEPA currently focus on the following air pollutants as indicators of ambient air
quality: ozone, carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), respirable particulate
matter with an aerodynamic diameter of 10 micrometers or less (PMio), fine particulate matter with an
aerodynamic diameter of 2.5 micrometers or less (PM2.5), and lead. These pollutants are referred to as
"criteria air pollutants" because they are the most prevalent air pollutants known to be injurious to human
health. Extensive health -effects criteria documents regarding the effects of these pollutants on human
health and welfare have been prepared over the years.2 Standards have been established for each
criteria pollutant to meet specific public health and welfare criteria set forth in the federal CAA. California
has generally adopted more stringent ambient air quality standards for the criteria air pollutants (CAAQS
or state standards) and has adopted air quality standards for some pollutants for which there is no
corresponding national standard (NAAQS), such as sulfates, hydrogen sulfide, vinyl chloride, and visibility -
reducing particles.
Ozone
Ozone, the main component of photochemical smog, is primarily a summer and fall pollution problem.
Ozone is not emitted directly into the air, but is formed through a complex series of chemical reactions
involving other compounds that are directly emitted. These directly emitted pollutants (also known as ozone
precursors) include reactive organic gases (ROGs) or volatile organic compounds (VOCs), and oxides of
nitrogen (NOx). While both ROGs and VOCs refer to compounds of carbon, ROG is a term used by CARB
and is based on a list of exempted carbon compounds determined by CARB. VOC is a term used by the
USEPA and is based on its own exempt list. The time period required for ozone formation allows the
reacting compounds to spread over a large area, producing regional pollution problems. Ozone
2 Additional sources of information on the health effects of criteria pollutants can be found at CARB and USEPA's websites at
httl2://www.arb.ca.ciov/research/health/health.htm and httl2://www.el2a.ciov/air/airl2ollutants.html, respectively.
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concentrations are the cumulative result of regional development patterns rather than the result of a few
significant emission sources.
Once ozone is formed, it remains in the atmosphere for one or two days. Ozone is then eliminated through
reaction with chemicals on the leaves of plants, attachment to water droplets as they fall to earth
("rainout"), or absorption by water molecules in clouds that later fall to earth with rain ("washout").
Short-term exposure to ozone can irritate the eyes and cause constriction of the airways. In addition to
causing shortness of breath, ozone can aggravate existing respiratory diseases such as asthma, bronchitis,
and emphysema.
Carbon Monoxide
CO is a colorless, odorless gas produced by the incomplete combustion of carbon -containing fuels, such as
gasoline or wood. CO concentrations tend to be the highest during the winter morning, when little to no
wind and surface -based inversions trap the pollutant at ground levels. Because CO is emitted directly from
internal combustion engines, unlike ozone, motor vehicles operating at slow speeds are the primary source
of CO in the Basin. The highest ambient CO concentrations are generally found near congested
transportation corridors and intersections.
Nitrogen Dioxide
NO2 is a reddish -brown gas that is a by-product of combustion processes. Automobiles and industrial
operations are the main sources of NO2. Combustion devices emit primarily nitric oxide (NO), which reacts
through oxidation in the atmosphere to form NO2. The combined emissions of NO and NO2 are referred to
as NOx, which are reported as equivalent NO2. Aside from its contribution to ozone formation, NO2 can
increase the risk of acute and chronic respiratory disease and reduce visibility. NO2 may be visible as a
coloring component of a brown cloud on high pollution days, especially in conjunction with high ozone
levels.
Sulfur Dioxide
SO2 is a colorless, extremely irritating gas or liquid that enters the atmosphere as a pollutant mainly as a
result of burning high sulfur -content fuel oils and coal, and from chemical processes occurring at chemical
plants and refineries. When SO2 oxidizes in the atmosphere, it forms sulfur trioxide (S03). Collectively,
these pollutants are referred to as sulfur oxides (SOx).
Major sources of SO2 include power plants, large industrial facilities, diesel vehicles, and oil -burning
residential heaters. Emissions of SO2 aggravate lung diseases, especially bronchitis. This compound also
constricts the breathing passages, especially in people with asthma and people involved in moderate to
heavy exercise. SO2 potentially causes wheezing, shortness of breath, and coughing. Long-term SO2
exposure has been associated with increased risk of mortality from respiratory or cardiovascular disease.
Particulate Matter
PMio and PM2.5 consist of particulate matter that is 10 microns or less in diameter and 2.5 microns or less in
diameter, respectively (a micron is one -millionth of a meter). PMio and PM2.5 represent fractions of
particulate matter that can be inhaled into the air passages and the lungs and can cause adverse health
effects. Acute and chronic health effects associated with high particulate levels include the aggravation of
chronic respiratory diseases, heart and lung disease, and coughing, bronchitis and respiratory illnesses in
children. Particulate matter can also damage materials and reduce visibility. One common source of PM2.5
is diesel exhaust emissions.
PMio consists of particulate matter emitted directly into the air (e.g., fugitive dust, soot, and smoke from
mobile and stationary sources, construction operations, fires, and natural windblown dust) and particulate
matter formed in the atmosphere by condensation and/or transformation of SO2 and ROG. Traffic
generates particulate matter emissions through entrainment of dust and dirt particles that settle onto
roadways and parking lots. PMio and PM2.5 are also emitted by burning wood in residential wood stoves
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and fireplaces and open agricultural burning. PM2.5 can also be formed through secondary processes such
as airborne reactions with certain pollutant precursors, including ROGs, ammonia (NH3), NOx, and SOx.
Lead
Lead is a metal found naturally in the environment and present in some manufactured products. There are
a variety of activities that can contribute to lead emissions, which are grouped into two general categories,
stationary and mobile sources. On -road mobile sources include light-duty automobiles; light-, medium-, and
heavy-duty trucks; and motorcycles.
Emissions of lead have dropped substantially over the past 40 years. The reduction before 1990 is largely
due to the phase-out of lead as an anti -knock agent in gasoline for on -road automobiles. Substantial
emission reductions have also been achieved due to enhanced controls in the metals processing industry. In
the Basin, atmospheric lead is generated almost entirely by the combustion of leaded gasoline and
contributes less than one percent of the material collected as total suspended particulates.
Toxic Air Contaminants
Concentrations of toxic air contaminants (TACs), or in federal parlance, hazardous air pollutants (HAPs),
are also used as indicators of ambient air quality conditions. A TAC is defined as an air pollutant that may
cause or contribute to an increase in mortality or in serious illness, or that may pose a hazard to human
health. TACs are usually present in minute quantities in the ambient air; however, their high toxicity or
health risk may pose a threat to public health even at low concentrations.
According to the California Almanac of Emissions and Air Quality (CARB, 2009), the majority of the
estimated health risk from TACs can be attributed to relatively few compounds, the most important being
particulate matter from diesel -fueled engines (diesel PM). Diesel PM differs from other TACs in that it is not
a single substance, but rather a complex mixture of hundreds of substances. Although diesel PM is emitted
by diesel -fueled internal combustion engines, the composition of the emissions varies depending on engine
type, operating conditions, fuel composition, lubricating oil, and whether an emission control system is
present.
Unlike the other TACs, no ambient monitoring data are available for diesel PM because no routine
measurement method currently exists. However, CARB has made preliminary concentration estimates based
on a particulate matter exposure method. This method uses the CARB emissions inventory's PMio database,
ambient PMio monitoring data, and the results from several studies to estimate concentrations of diesel PM.
In addition to diesel PM, the TACs for which data are available that pose the greatest existing ambient
risk in California are benzene, 1,3 -butadiene, acetaldehyde, carbon tetrachloride, hexavalent chromium,
para -dichlorobenzene, formaldehyde, methylene chloride, and perchloroethylene.
Odorous Emissions
Odors are generally regarded as an annoyance rather than a health hazard. However, manifestations of
a person's reaction to foul odors can range from psychological (e.g., irritation, anger, or anxiety) to
physiological (e.g., circulatory and respiratory effects, nausea, vomiting, and headache). Offensive odors
are unpleasant and can lead to public distress generating citizen complaints to local governments. Although
unpleasant, offensive odors rarely cause physical harm. The occurrence and severity of odor impacts
depend on the nature, frequency, and intensity of the source, wind speed, direction, and the sensitivity of
receptors.
Existing Conditions
SCAQMD maintains monitoring stations within district boundaries that monitor air quality and compliance
with associated ambient standards. The Specific Plan area is located within the Central Orange County
monitoring station (SRA 17). The most recent 3 years of data is shown on Table 5.2-2 and identifies the
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number of days ambient air quality standards were exceeded in the area. Additionally, data for SO2 has
been omitted as attainment is regularly met in the South Coast Air Basin and few monitoring stations
measure SO2 concentrations.
Both CARB and the USEPA use this type of monitoring data to designate areas according to their
attainment status for criteria air pollutants. The purpose of these designations is to identify the areas with
air quality problems and thereby initiate planning efforts for improvement. The three basic designation
categories are nonattainment, attainment, and unclassified. Nonattainment is defined as any area that
does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the primary
or secondary ambient air quality standard for the pollutant. Attainment is defined as any area that meets
the primary or secondary ambient air quality standard for the pollutant. Unclassifiable is defined as any
area that cannot be classified on the basis of available information as meeting or not meeting the primary
or secondary ambient air quality standard for the pollutant. In addition, California designations include a
subcategory of nonattainment-transitional, which is given to nonattainment areas that are progressing and
nearing attainment.
In 2016, the federal and state ambient air quality standards (NAAQS and CAAQS) were exceeded on
one or more days for ozone, PMio, and PM2.5 at most monitoring locations. No areas of the SCAB
exceeded federal or state standards for NO2, SO2, CO, sulfates or lead. See Table 5.2-3, for attainment
designations for the SCAB.
Table 5.2-2: Air Quality Monitoring Summary 2014-2016
Pollutant
StandardYear
2014 2015
2016
Ozone (O3)
Maximum 1 -Hour Concentration (ppm)
0.1 1 1
0.100
0.103
Maximum 8 -Hour Concentration (ppm)
0.081
0.080
0.074
Number of Days Exceeding State 1 -Hour Standard
> 0.09 ppm
2
1
2
Number of Days Exceeding State 8 -Hour Standard
> 0.07 ppm
6
1
4
Number of Days Exceeding Federal 8 -Hour Standard
> 0.070 ppm
6
1
4
Carbon Monoxide (CO)
Maximum 1 -Hour Concentration (ppm)
3.0
3.1
2.6
Maximum 8 -Hour Concentration (ppm)
2.1
2.2
2.1
Number of Days Exceeding State 1 -Hour Standard
> 20 ppm
0
0
0
Number of Days Exceeding Federal State 8 -Hour Standard
> 9.0 ppm
0
0
0
Number of Days Exceeding Federal 1 -Hour Standard
> 35 ppm
0
0
0
Nitrogen Dioxide (NO2)
Maximum 1 -Hour Concentration (ppm)
0.075
0.059
0.064
Annual Arithmetic Mean Concentration (ppm)
0.15
0.14
0.027
Number of Days Exceeding State 1 -Hour Standard
> 0.18 ppm
0
0
0
Particulate Matter < 10 Microns (PMio)
Maximum 24 -Hour Concentration (pg m3)
122
66
24.4
Number of Samples
12
1 1
3
Number of Samples Exceeding State Standard
> 50 pg m3
3%
3%
1 %
Number of Samples Exceeding Federal Standard
> 150 pg m3
0
0
0
Particulate Matter < 2.5 Microns (PM2.5)
Maximum 24 -Hour Concentration (pg m3)
56.2
45.8
44.45
Annual Arithmetic Mean (pg m3)
10.53
9.38
9.47
Number of Samples Exceeding Federal 24 -Hour Standard
> 35 pg m3
6
3
1
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Table 5.2-3: Attainment Status of Criteria Pollutants in the South Coast Air Basin (SCAB)
Criteria Pollutant
State Designation
Federal Designation
Ozone — 1 hour standard
Nonattainment
No Standard
Ozone - 8 hour standard
Nonattainment
Nonattainment (Extreme)
PMio
Nonattainment
Attainment (Maintanence)
PM2.5
Nonattainment
Nonattainment (Serious)
Carbon Monoxide
Attainment
Attainment (Maintanence)
Nitrogen Dioxide
Attainment
Attainment (Maintanence)
Sulfur Dioxide
Attainment
Attainment
Lead3
Attainment
Nonattainment (Partial)
Source: htt ://www.arb.ca.c�ov desia adm adm.htm
Sensitive Land Uses
Land uses such as schools, children's daycare centers, hospitals, and convalescent homes are considered to
be more sensitive to poor air quality than the general public because the population groups associated
with these uses have increased susceptibility to respiratory distress. In addition, residential uses are
considered more sensitive to air quality conditions than commercial and industrial uses, because people
generally spend longer periods of time at their residences, resulting in greater exposure to ambient air
quality conditions. Recreational land uses are considered moderately sensitive to air pollution. Exercise
places a high demand on respiratory functions, which can be impaired by air pollution, even though
exposure periods during exercise are generally short. In addition, noticeable air pollution can detract from
the enjoyment of recreation.
5.2.4 THRESHOLDS OF SIGNIFICANCE
According to Appendix G of the CEQA Guidelines, a project could have a significant adverse effect on air
quality resources if it would:
AQ -1 Conflict with or obstruct implementation of the applicable air quality plan;
AQ -2 Violate any air quality standard or contribute substantially to an existing or projected air
quality violation;
AQ -3 Result in a cumulatively considerable net increase of any criteria pollutant for which the
project region is non -attainment under an applicable federal or state ambient air quality
standard (including releasing emissions which exceed quantitative thresholds for ozone
precursors);
AQ -4 Expose sensitive receptors to substantial pollutant concentrations; or
AQ -5 Create objectionable odors affecting a substantial number of people.
The Initial Study, included as Appendix A, established that the project would result in no impact related to
Threshold AQ -5; no further assessment of this impact is required in this EIR.
Regional Thresholds
The SCAQMD's most recent regional significance thresholds from March 2015 for regulated pollutants are
listed in Table 5.2-4. The SCAQMD's CEQA air quality methodology provides that any projects that result in
3 The Federal nonattainment designation for lead is only applicable towards the Los Angeles County portion of the
SCAB.
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daily emissions that exceed any of the thresholds in Table 5.2-4 would be considered to have both an
individually (project -level) and cumulatively significant air quality impact.
Table 5.2-4: SCAQMD Regional Air Quality Thresholds
Pollutant
Construction
Operations
NOx
100 lbs/day
55 lbs/day
VOC
75 lbs day
55 lbs day
PMio
150 lbs day
150 lbs day
PM2.5
55 lbs day
55 lbs day
Sox
150 lbs/day
150 lbs/day
CO
550 lbs day
550 lbs day
Lead
3lbs/day
3lbs/day
Source: SCAQMD 2015
Localized Significance Thresholds
SCAQMD developed LSTs to determine if emissions of NO2, CO, PMio, or PM2.5 generated at a project
site would expose sensitive receptors to substantial concentrations of criteria air pollutants. LSTs are the
maximum emissions from a project's onsite activities that will not cause or contribute to an exceedance of
the most stringent applicable federal or state ambient air quality standard at the nearest residence or
sensitive receptor.
However, an LST analysis can only be conducted at a development project level, and quantification of LSTs
is not applicable for this program -level environmental analysis. For informational purposes, Table 5.2-5,
provides the localized significance thresholds for projects in the South Coast Air Basin.
Table 5.2-5: SCAQMD Localized Significance Thresholds
Air Pollutant (Relevant AAQS)
Concentration
1 -Hour CO Standard (CAAQS)
20 ppm
8 -Hour CO Standard (CAAQS)
-
9.0 ppm
1 -Hour NO2 Standard (CAAQS)
0.18 ppm
Annual NO2 Standard (CAAQS)
0.03 ppm
24 -Hour PMio Standard — Construction (SCAQMD)
10.4 pg m3
24 -Hour PM2.5 Standard — Construction (SCAQMD)
10.4 pg m3
24 -Hour PMio Standard — Operation (SCAQMD)
2.5 pg m3
24 -Hour PM2.5 Standard — Operation (SCAQMD)
2.5 pg m3
Annual Average PMio Standard (SCAQMD)
1.0 pg/m3
Source: SCAQMD 2015
CO Hotspots
Areas of vehicle congestion have the potential to create pockets of CO called hotspots. These pockets have
the potential to exceed the state one-hour standard of 20 ppm or the eight-hour standard of 9 ppm.
Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into
the atmosphere, adherence to ambient air quality standards is typically demonstrated through an analysis
of localized CO concentrations. Hotspots are typically produced at intersections, where traffic congestion is
highest because vehicles queue for longer periods and are subject to reduced speeds. With the turnover of
older vehicles and introduction of cleaner fuels as well as implementation of control technology on
industrial facilities, CO concentrations in the South Coast Air Basin and the state have steadily declined.
City of Tustin 5.2-13
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.2 Air Quality
5.2.5 METHODOLOGY
This analysis focuses on the nature and magnitude of the change in the air quality environment due to
implementation of the proposed Specific Plan. Air pollutant emissions associated with the proposed
Specific Plan would result from construction activities within the Specific Plan area and on roadways
resulting from construction -related traffic. Additionally, emissions would also be generated from operations
of the developments that would occur by the proposed Specific Plan and from traffic volumes generated
by these developments. The net increase in emissions generated by these activities and other secondary
sources have been quantitatively estimated and compared to the applicable thresholds of significance
recommended by SCAQMD.
AQMP Consistency
SCAQMD's CEQA Handbook suggests an evaluation of the following two criteria to determine whether a
project involving a legislative land use action (such as the proposed Specific Plan) would be consistent or in
conflict with the AQMP:
1. The project would not generate population and employment growth that would be inconsistent with
SCAG's growth forecasts.
2. The project would not result in an increase in the frequency or severity of existing air quality
violations or cause or contribute to new violations, or delay the timely attainment of air quality
standards or the interim emissions reductions specified in the AQMP.
Consistency Criterion No. 1 refers to the SCAG's growth forecasts and associated assumptions included in
the AQMP. The future air quality levels projected in the AQMP are based on SCAG's growth projections,
which are based, in part, on the general plans of cities located within the SCAG region. Therefore, if the
uses and level of housing and employment growth of the proposed Specific Plan are consistent with the
applicable assumptions used in the development of the AQMP, the Plan would not jeopardize attainment
of the air quality levels identified in the AQMP, even if emissions would exceed the SCAQMD's
recommended daily emissions thresholds.
Consistency Criterion No. 2 refers to the California Ambient Air Quality Standards. An impact would occur
if the long-term emissions associated with the proposed Specific Plan would exceed SCAQMD's regional
significance thresholds for operation -phase emissions.
Construction
Buildout of the Specific Plan is anticipated to occur over 17 years (2018 through 2035), with the location,
type, and timing of site-specific development projects and construction activities determined by market
demand. Because of the uncertainty of the specific timing and methods of construction activities for future
site-specific development projects that would occur by the proposed Specific Plan, a worst-case
construction scenario is analyzed in this EIR. It was conservatively assumed that construction would occur
throughout the 17 -year period, and the emissions that would be generated from buildout of the proposed
Specific Plan was averaged over this timeframe. Given a 17 -year buildout, it is conservatively assumed
that project -related development might be undergoing some stage of onsite activity (demolition, site
preparation, and construction) on the theoretical "maximum construction day." In addition, an estimate of
the construction equipment that might be active on the theoretical "maximum construction day" was
identified based on the size of parcels and type of existing development within the Specific Plan area.
Construction -generated emissions of criteria air pollutants and ozone precursors were assessed in
accordance with methods recommended by SCAQMD. The proposed Specific Plan's regional emissions
were modeled using the California Emissions Estimator Model (CalEEMod), as recommended by SCAQMD.
CalEEMod was used to determine whether construction -related emissions of criteria air pollutants
City of Tustin 5.2-14
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.2 Air Quality
associated with the proposed Specific Plan would exceed applicable regional thresholds and if mitigation
would be required.
Operations
Long-term (i.e., operational) regional emissions of criteria air pollutants and precursors, including mobile -
and area -source emissions, were also quantified using the CaIEEMod computer model. Area -source
emissions were modeled according to the land uses that would be developed at buildout of the proposed
Specific Plan. Mass mobile -source emissions were modeled based on the increase in daily vehicle trips that
would result from the proposed Specific Plan. Trip generation rates were available from the traffic impact
analysis prepared for the proposed Specific Plan, and predicted long-term operational emissions were
compared with applicable SCAQMD thresholds for determination of significance.
5.2.6 ENVIRONMENTAL IMPACTS
Impact AQ -1: THE PROJECT WOULD CONFLICT WITH IMPLEMENTATION OF THE APPLICABLE AIR
QUALITY PLAN [THRESHOLD AQ -1 ].
Significant and Unavoidable. The SCAQMD's 2016 AQMP is the applicable air quality plan for the
proposed Specific Plan.
Pursuant to Consistency Criterion No. 1, described in the methodology section previously, projects that are
consistent with the regional population, housing, and employment forecasts identified by SCAG are
considered to be consistent with the AQMP growth projections, since the forecast assumptions by SCAG
forms the basis of the land use and transportation control portions of the AQMP that result in air quality
emissions.
As detailed in Section 5.7, Population and Housing, buildout of the proposed Specific Plan would allow
development of 887 residential units and 300,000 square feet of non-residential space, representing a
population of approximately 2,696 persons and 840 employees at buildout and full occupancy (maximum
impact condition). Development pursuant to the proposed Specific Plan would consist mostly of infill, mixed-
use, and redevelopment projects that are market and need dependent. As described in Section 3.0, Project
Description, the 300,000 square feet of non-residential development that is assumed by the Specific Plan
consists of that which might occur by the year 2035 (build out) of the existing non-residential parcels in the
Specific Plan area that are designated by the existing General Plan and Zoning Ordinance. Because the
employment land designated areas in the Specific Plan area are existing and would not change with
implementation of the Specific Plan, the 840 jobs expected in the Specific Plan area are included in the
SCAG projections.
The SCAG 2016 projections for the City of Tustin anticipate a 56.8 percent increase in employment in the
City by 2035 (an increase of 23,500 over 2017 employment). The 840 jobs that are anticipated within
the Specific Plan area would be approximately 3.6 percent of the anticipated job growth, and within the
growth assumptions of the 2016 AQMP.
The housing added by the Specific Plan would help to meet housing demands from projected employment
growth in the City while maintaining a healthy vacancy rate. SCAG projects a jobs -to -housing ratio of 2.32
in 2035, which indicates that more employees than the existing 1.5 jobs to household ratio would be
commuting into the City for employment. When combined with existing jobs and housing units, the
residential units generated from the proposed Specific Plan would result in a more balanced ratio of jobs
and housing (1.41) than the existing condition (1.52) and projected condition (2.32). The balance of jobs
and housing would reduce vehicle miles traveled and the related air quality emissions. In addition, the
Specific Plan implements infill development, located in an urbanized area with existing infrastructure, near
City of Tustin 5.2-15
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.2 Air Quality
existing transit, and implements bicycle and pedestrian infrastructure; all of which are intended to reduce
vehicle miles traveled and vehicular emissions. Thus, the proposed Specific Plan would support AQMP
objectives to reduce trips, promote infill development, and balance jobs and housing, and would not
conflict with implementation of the AQMP.
Furthermore, implementing infill development, the Specific Plan would utilize existing infrastructure such as
roadways, drainage, sewer and other infrastructure, and would be consistent with the SCAG objective to
"Encourage patterns of urban development and land use that reduce costs in infrastructure construction and
make better use of existing facilities." As a result, the proposed Specific Plan would comply with
Consistency Criterion No. 1 listed above in the Methodology Section.
However, in regard to Consistency Criterion No. 2, which evaluates the potential of the proposed Specific
Plan to increase the frequency or severity of existing air quality violations, the quantified air quality
emissions analysis (part of Impact AQ -2, below) describes that due to the uncertainty of the timing and
methods of construction activities related to Specific Plan development projects, a significant impact could
occur related to construction emissions of ROGs and NOx, with implementation of SCAQMD Rules and
mitigation measures. In addition, operation of the proposed Specific Plan would result in exceedance of
the applicable SCAQMD thresholds for ROGs, NOx, and CO after implementation of mitigation.
Therefore, buildout of the proposed Specific Plan would increase the frequency or severity of existing air
quality violations, and an impact regarding Consistency Criterion No. 2 would occur. As described below in
Impact AQ -2, because emissions exceedances would be a significant and unavoidable impact, the
consistency impact related to AQMP Consistency Criterion No. 2 would also be significant and
unavoidable.
Impact AQ -2: THE PROJECT WOULD VIOLATE AN AIR QUALITY STANDARD OR CONTRIBUTE
SUBSTANTIALLY TO AN EXISTING OR PROJECTED AIR QUALITY VIOLATION
[THRESHOLD AQ -2].
Construction
Significant and Unavoidable. Construction activities result in short-term emissions of criteria air pollutants.
The primary source of NOx, CO, and SOx emissions is from the operation of construction equipment. The
primary sources of particulate matter (PMio and PM2.5) emissions are from activities that disturb the soil,
such as grading and excavation road construction, and building demolition and construction. The primary
source of VOC emissions is the application of architectural coating and off -gas emissions associated with
asphalt paving.
Construction activities from individual development projects that could occur pursuant to the proposed
Specific Plan would temporarily increase PMio, PM2.5, VOC, NOx, SOx, and CO regional emissions.
Construction activities associated with buildout of the proposed Specific Plan would likely occur
sporadically over a 17 -year period or longer. However, due to the uncertainty of the specific timing and
methods of construction activities related to Specific Plan development projects, the maximum daily
emissions are based on a very conservative scenario that construction could occur throughout the Specific
Plan implementation period and based on maximum equipment use.
Table 5.2-6 provides the maximum daily emissions of criteria air pollutants from construction. The air
quality emissions modeling is included within the air quality technical analysis prepared for the proposed
Specific Plan, which is included as Appendix B. As shown, construction activities could exceed the
applicable SCAQMD thresholds for emissions of ROGs and NOx. Therefore, a potentially significant
impact would occur during construction activities due to the potential overlap of concurrent projects and
various construction activities pursuant to the Specific Plan.
City of Tustin 5.2-16
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.2 Air Quality
Table 5.2-6: Maximum Potential Construction Emissions (lbs/day)
Phase
ROG
NOx
CO
SOX
PMio
PM2.5
Demolition
4.19
42.80
23.67
0.04
2.36
2.09
Site Preparation
5.06
52.34
24.25
0.04
21.15
12.63
Grading
5.86
68.02
39.67
0.06
11.97
6.48
Grading
5.19
59.59
35.88
0.06
11.53
6.08
Building Construction
7.33
46.08
53.64
0.16
11.51
4.23
Building Construction
6.65
42.48
50.07
0.16
11.28
4.02
Building Construction
6.07
38.76
47.03
0.15
11.07
3.82
Building Construction
5.56
35.03
44.57
0.15
10.85
3.61
Building Construction
5.17
32.18
42.63
0.15
10.70
3.46
Paving
1.16
11.16
15.01
0.02
0.74
0.57
Architectural Coating
129.94
1.75
6.24
0.02
1.84
0.55
Peak Daily Potential
182.18
430.19
382.66
1.01
105.00
47.54
SCAQMD Threshold
75
100
550
150
150
55
Exceed Significance? 1
Yes
Yes
No
No
No
No
Source: Urban Crossroads, 2017; Appendix B.
Development projects would be required, through City review and construction permitting, to implement
SCAQMD rules, including: Rule 401, Rule 402, Rule 403, Rule 481, Rule 1108, Rule 1 113, and Rule 1 143
(described previously) that would reduce construction related emissions.
In addition, Mitigation Measures AQ -1 through AQ -6 are included to further reduce construction related
emissions from development projects that are implemented pursuant to the proposed Specific Plan. The
mitigation measures require the use of: diesel construction equipment that complies with EPA/CARB Tier 3
emissions standards; "Super -Compliant" low VOC paints which have been reformulated to exceed the
regulatory VOC limits put forth by SCAQMD's Rule 1 113; electricity infrastructure surrounding construction
sites, rather than electrical generators powered by internal combustion engines; assurance that all
construction equipment is properly maintained; alternative fueled, engine retrofit technology, after-
treatment products; and requirements for construction plans to be provided that include low -emission
features.
With implementation of Mitigation Measures AQ -1 through AQ -6, emissions of ROGs and NOx would be
reduced and emissions from most development projects would be reduced to a less than significant level.
However, due to the potential overlap of development projects and construction activities, it cannot be
assured that the mitigation measures would reduce emissions below the SCAQMD significance thresholds.
As shown in Table 5.2-6, ROG emissions have the potential to be 243 percent above thresholds, and NOx
emissions have the potential to be 430 percent above thresholds, with this level of potential emissions
exceedances, construction emissions could continue to exceed thresholds with implementation of Mitigation
Measures AQ -1 through AQ -6. Therefore, based on the very conservative scenario of construction timing
and construction equipment use, impacts related to construction emissions would remain significant and
unavoidable.
Operation
Significant and Unavoidable. As described previously in Impact AQ -1, the City of Tustin is largely built
out, and future development under the proposed Specific Plan would consist mostly of infill, mixed-use, and
redevelopment projects that are market and need dependent. Additionally, the residential development
that would occur would help to meet housing demands from projected employment growth in the City while
maintaining a healthy vacancy rate. This growth that would be accommodated by the proposed Specific
City of Tustin 5.2-17
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.2 Air Quality
Plan would result in long-term emissions of criteria air pollutants from area sources generated by vehicular
emissions, natural gas consumption, landscaping, applications of architectural coatings, and use of consumer
products.
Emissions from operation of the land uses within the proposed Specific Plan are summarized in Table 5.2-7,
and modeling outputs are included in Appendix B. As shown, the proposed operation of the land uses
included in the Specific Plan at buildout and full occupancy would generate emissions that would exceed
the applicable SCAQMD thresholds for ROGs, NOx, CO and PMio, and PM2.5.
Table 5.2-7: Summary of Unmitigated Operational Emissions (lbs/day)
Operational Activity
ROG
NOx
CO
I SOX
PMio
PM2.5
On -Site Area
263.66
19.25
524.05
1.15
68.16
68.16
On -Site Energy
0.57
4.91
2.19
0.03
0.40
0.40
Off -Site Mobile
30.92
140.18
341.97
1.67
129.51
36.68
Peak Daily Total
295.15
164.34
868.21
2.85
198.07
105.24
SCAQMD Threshold
55
55
550
150
150
55
Exceed Significance?
1 Yes
Yes
Yes
No
Yes
Yes
Source Urban Crossroads, 2017, Appendix B.
As a result, Mitigation Measure AQ -7 would be implemented to require development projects in the
Specific Plan area to achieve 5 percent efficiency beyond the 2016 California Building Code Title 24
requirements; and Mitigation Measure AQ -8 would require enhanced water conservation for Specific Plan
development projects. However, as shown on Table 5.2-8, even with implementation of Mitigation
Measures AQ -7 and AQ -8, emissions would continue to exceed regional thresholds of significance
established by the SCAQMD, and impacts would be significant and unavoidable.
Table 5.2-8: Summary of Mitigated Operational Emissions (lbs/day)
Operational Activity
ROG
NOx
CO
I SOX
PMio
PM2.5
On -Site Area
263.66
19.25
524.05
1.15
68.16
68.16
On -Site Energy
0.57
4.91
2.19
0.03
0.40
0.40
Off -Site Mobile
28.91
132.25
291.76
1.38
105.57
29.91
Peak Daily Total
293.14
156.41
818.00
2.56
174.13
98.47
SCAQMD Threshold
55
55
550
150
150
55
Exceed Significance?
Yes
Yes
Yes
No
Yes
Yes
Source Urban Crossroads, 2017, Appendix B.
Impact AQ -3: THE PROJECT WOULD RESULT IN A CUMULATIVELY CONSIDERABLE NET INCREASE
OF A CRITERIA POLLUTANT FOR WHICH THE PROJECT REGION IS NON -
ATTAINMENT UNDER AN APPLICABLE FEDERAL OR STATE AMBIENT AIR QUALITY
STANDARD [THRESHOLD AQ -31.
Significant and Unavoidable. According to SCAQMD's methodology, if an individual project results in air
emissions of criteria pollutants (ROG, CO, NOx, SOx, PMio, and PM2.5) that exceeds the SCAQMD's
recommended daily thresholds for project -specific impacts, then it would also result in a cumulatively
considerable net increase of these criteria pollutants for which the proposed project region is in non -
attainment under an applicable federal or state ambient air quality standard.
As described in Impact AQ -2 above, emissions from construction activities pursuant to the proposed
Specific Plan would exceed SCAQMD's thresholds for ROGs and NOx after implementation of SCAQMD
Rules and mitigation measures. In addition, emissions from operational activities at buildout of the
City of Tustin 5.2-18
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.2 Air Quality
proposed Specific Plan would exceed the applicable SCAQMD thresholds for ROGs, NOx, CO, PM,o, and
PM2.5 after implementation of mitigation. Therefore, emissions from implementation of the proposed
Specific Plan would be cumulatively considerable, and cumulative air quality impacts would be significant
and unavoidable.
Impact AQ -4: THE PROJECT WOULD NOT EXPOSE SENSITIVE RECEPTORS TO SUBSTANTIAL
POLLUTANT CONCENTRATIONS [THRESHOLD AQ -4]
Less than Significant with Mitigation Incorporated.
Localized Construction Air Quality Impacts
Less than Significant with Mitigation Incorporated. As described previously, an LST analysis can only be
conducted at a development project level, and quantification of LST's is not applicable for this program -
level environmental analysis. However, implementation of developments pursuant to the Specific Plan could
result in localized emissions that exceed air quality standards. Thus, implementation of the Specific Plan
could result in a significant impact related to LST's. As a result, Mitigation Measure AQ -9 is included, which
requires development projects, one acre or larger, pursuant to the proposed Specific Plan to provide
modeling of the regional and the localized emissions (NOx, CO, PM,o, and PM2.5) associated with the
maximum daily grading activities for the proposed development; and requires grading activity to be
limited to ensure that there would be no impacts related to LST's. Therefore, impacts related to localized
construction air quality impacts would be less than significant with implementation of Mitigation Measure
AQ -9.
Toxic Air Contaminants
Less than Significant with Mitigation Incorporated. CARB has issued advisory recommendations for siting
new sensitive land uses in proximity to sources associated with Toxic Air Contaminants (TAC's), and
recommends performing site specific environmental evaluations. However, it is currently unknown what
development projects that could include a sensitive receptor would be proposed next to an existing TAC,
such as the 1-5 and SR -55 Freeways. Therefore, consistent with CARB guidance, Mitigation Measure AQ -10
is included to require a site-specific evaluation prior to approving any sensitive land use in proximity to an
existing TAC, which includes the 1-5 and SR -55 Freeways within the Specific Plan area. Implementation of
Mitigation Measure AQ -10 would reduce potential impacts related to TAC's to a less than significant level.
CO Hotspots
Less than Significant Impact. An adverse CO concentration, known as a "hot spot", would occur if an
exceedance of the state one-hour standard of 20 ppm or the eight-hour standard of 9 ppm were to occur.
In 2003, the SCAQMD estimated that a project would have to increase traffic volumes at a single
intersection by more than 44,000 vehicles per hour—or 24,000 vehicles per hour where vertical and/or
horizontal air does not mix—in order to generate a CO hot spot (2003 SCAQMD AQMP).
With operation of buildout of the proposed Specific Plan, the highest average daily trips on a segment of
road would be at the Newport Avenue at 1-5 NB on-ramp. The proposed project would result in 660 a.m.
peak hour trips and 719 p.m. peak hour trips. Of these trips 5 percent would be to/from the north on
Newport Avenue (33 a.m. peak hour trips and 36 p.m. peak hour trips), and 30 percent would be to/from
the south on Newport Avenue (198 a.m. peak hour trips and 216 p.m. peak hour trips). This traffic volume
is not high enough to generate a CO "hot spot" per the 2003 SCAQMD AQMP hot spot study. Therefore,
impacts related to CO "hot spots" from operation of the proposed Specific Plan would be less than
significant.
City of Tustin 5.2-19
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.2 Air Quality
5.2.7 CUMULATIVE IMPACTS
Significant and Unavoidable. As described previously, per SCAQMD's methodology, if an individual
project results in air emissions of criteria pollutants that exceeds the SCAQMD's thresholds for project -
specific impacts, then it would also result in a cumulatively considerable net increase of these criteria
pollutants.
As described in Impact AQ -2 above, emissions from construction of projects pursuant to the proposed
Specific Plan would exceed SCAQMD's threshold for ROGs and NOx after implementation of SCAQMD
Rules and mitigation measures. In addition, emissions from buildout of the proposed Specific Plan would
exceed the applicable SCAQMD thresholds for ROGs, NOx, and CO after implementation of mitigation.
Therefore, operational -source emissions from implementation of the proposed Specific Plan would be
cumulatively considerable, and cumulative air quality impacts would be significant and unavoidable.
5.2.8 EXISTING REGULATIONS, STANDARD CONDITIONS, AND
PLANS, PROGRAMS, OR POLICIES
Existing Regulations
New development projects shall comply with Title 24 of the California Code of Regulations established by
the California Energy Commission regarding energy conservation standards.
Plans, Program and Policies (PPPs) and Standard Conditions
The following Plans, Programs, and Policies (PPP) and Standard Conditions (SCs) related to air quality are
incorporated into the project, and would reduce impacts related to air quality. These actions will be
included in the project's mitigation monitoring and reporting program (MMRP):
PPP AQ -1: Development projects shall comply with the following South Coast Air Quality District Rules:
• Rule 401 — Visible Emissions
• Rule 402 — Nuisance
• Rule 403 — Fugitive Dust
• Rule 481 —Spray Coating
• Rule 1 1 1 3 — Architectural Coatings
• Rule 1 143 — Paint Thinners and Solvents
5.2.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Significant. Without mitigation, the following impacts would be significant:
Impact AQ -1: Buildout of the proposed Specific Plan would increase the frequency or severity of
existing air quality violations, and an impact regarding AQMP Consistency Criterion No. 2 would occur.
Impact AQ -2: Construction and operation associated with buildout of the proposed Specific Plan would
generate a substantial increase criteria air pollutant emissions that exceed the threshold criteria and would
cumulatively contribute to the nonattainment designations of the SCAB.
City of Tustin 5.2-20
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.2 Air Quality
Impact AQ -3: Construction and operation associated with buildout of the proposed Specific Plan would
generate a substantial increase in criteria air pollutant emissions that exceed the threshold criteria and
would cumulatively contribute to the nonattainment designations of the SCAB.
Impact AQ -4: Buildout of the proposed project could result in new sources of criteria air pollutant
emissions and/or toxic air contaminants proximate to existing or planned sensitive receptors.
5.2.10 MITIGATION MEASURES
Mitigation Measure AQ -1: Tier 3. The construction plans and specifications shall state that project
construction that utilizes construction equipment greater than 150 horsepower (>150 HP) shall comply with
EPA/CARB Tier 3 emissions standards during all construction phases and shall ensure that all construction
equipment be tuned and maintained in accordance with the manufacturer's specifications.
Mitigation Measure AQ -2: Low VOC. The construction plans and specifications shall state that project
construction shall utilize "Super -Compliant" low VOC paints which have been reformulated to exceed the
regulatory VOC limits put forth by SCAQMD's Rule 11 13. Super -Compliant low VOC paints shall be no
more than l Og/L of VOC. Alternatively, the applicant/developer may utilize valid construction techniques
that do not require the use of architectural coatings.
Mitigation Measure AQ -3: Electricity. The construction plans and specifications shall state that contractors
shall use the electricity infrastructure surrounding the construction site, if available, rather than electrical
generators powered by internal combustion engines.
Mitigation Measure AQ -4: Alternative Technology. The construction plans and specifications shall state
that contractors shall use alternative fueled, engine retrofit technology, after -treatment products (e.g.,
diesel oxidation catalysts, diesel particulate filters), and/or other options as they become available,
including all off-road and portable diesel -powered equipment.
Mitigation Measure AQ -5: Equipment Maintenance. Construction plans and specifications shall state that
construction equipment be maintained in good operating condition to reduce emissions. The construction
contractor shall ensure that all construction equipment is being properly serviced and maintained as per
the manufacturer's specification. Maintenance records shall be available at the construction site for City
verification.
Mitigation Measure AQ -6: Construction Vehicle Management Plan. For projects requiring construction
vehicles, construction plans and specifications shall state that the applicant/developer and/or building
operators shall prepare and maintain a construction vehicle management plan, to be made available upon
request to the City of Tustin Building Division, denoting the proposed schedule and projected equipment
use. The construction vehicle management plan shall include, as a minimum: idling time requirements;
requiring hour meters on equipment; documenting the serial number, horsepower, age, emissions ratings,
and fuel of all onsite equipment. The plan shall state that California state law requires equipment fleets to
limit idling to no more than 5 minutes, and that low emission vehicles will be used. If low emission mobile
construction equipment is not used, construction contractor shall provide evidence in the construction vehicle
management plan that their use was investigated and found to be infeasible. Contractors shall also
conform to any construction measures imposed by the South Coast Air Quality Management District as well
as the City of Tustin.
Mitigation Measure AQ -7: Energy Usage Calculations. Prior to the issuance of building permits for new
development projects with design review, project applicants/developers shall submit energy usage
City of Tustin 5.2-21
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February 2018
Downtown Commercial Core Specific Plan 5.2 Air Quality
calculations to the City of Tustin Building Division showing that the proposed development is designed to
achieve 5 percent efficiency beyond the 2016 California Building Code Title 24 requirements. Example
of measures that reduce energy consumption include, but are not limited to, the following (it being
understood that the items listed below are not all required and merely present examples; the list is not all-
inclusive and other features that reduce energy consumption also are acceptable):
• Increase in insulation such that heat transfer and thermal bridging is minimized;
• Limit air leakage through the structure and/or within the heating and cooling distribution system;
• Use of energy-efficient space heating and cooling equipment;
• Installation of electrical hook-ups at loading dock areas;
• Installation of dual -paned or other energy efficient windows;
• Use of interior and exterior energy efficient lighting that exceeds the 2016 California Title 24
Energy Efficiency performance standards;
• Installation of automatic devices to turn off lights where they are not needed;
• Application of a paint and surface color palette that emphasizes light and off-white colors that
reflect heat away from buildings;
• Design of buildings with "cool roofs" using products certified by the Cool Roof Rating Council,
and/or exposed roof surfaces using light and off-white colors;
• Design of buildings to accommodate photo -voltaic solar electricity systems or the installation of
photo -voltaic solar electricity systems; and
• Installation of ENERGY STAR -qualified energy-efficient appliances, heating and cooling systems,
office equipment, and/or lighting products.
Mitigation Measure AQ -8: Enhanced Water Conservation. Prior to the issuance of building permits for
new development projects requiring design review, project applicants/developers shall certify that the
project is designed to reduce water usage by a minimum of 30 percent when compared to baseline water
demand (total expected water demand without implementation of the Water Conservation Strategy).
Projects shall also implement the following:
• Landscaping palette emphasizing drought tolerant plants;
• Use of water -efficient irrigation techniques; and
• U.S. Environmental Protection Agency (EPA) Certified WaterSense labeled or equivalent faucets,
high -efficiency toilets (HETs), and water -conserving shower heads.
The above measures reduce water consumption, but it is understood that the list is not all-inclusive and
other features that reduce water consumption also are acceptable.
Mitigation Measure AQ -9: Localized Emissions. Prior to issuance of a grading permit for new
development projects, one acre or larger, pursuant to the Specific Plan, the applicant shall provide
modeling of the regional and the localized emissions (NOx, CO, PMio, and PM2.5) associated with the
maximum daily grading activities for the proposed development. If the modeling shows that emissions
would exceed the SCAQMD's significance thresholds for those emissions, the maximum daily grading
activities of the proposed development shall be limited to the extent that could occur without resulting in
emissions in excess of SCAQMD's significance thresholds for those emissions.
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Mitigation Measure AQ -10: Toxic Air Contaminants. Development proposals for new residential and
other sensitive land use projects (e.g., nursing homes, day care centers) in the Specific Plan area within 500
feet of major sources of toxic air contaminants ((e.g., Interstate 5, and roadways with traffic volumes over
100,000 vehicles per day), as measured from the property line of the project to the property line of the
source/edge of the nearest travel lane, shall submit a health risk assessment (HRA) to the City of Tustin
Planning Division prior to design review approval. The HRA shall be prepared in accordance with policies
and procedures of the SCAQMD. If the HRA shows that the incremental cancer risk exceeds ten in one
million (10E-06), PMio concentrations exceed 2.5 pg/m3, PM2.5 concentrations exceed 2.5 pg/m3, or the
appropriate noncancer hazard index exceeds 1.0, the project applicant/developer shall be required to
submit an HRA that demonstrates and certifies that mitigation measures are capable of reducing potential
cancer and non -cancer risks to an acceptable level (i.e., below ten in one million or a hazard index of 1.0),
including appropriate enforcement mechanisms. Measures to reduce risk may include but are not limited to:
• Air intakes located away from high volume roadways and/or truck loading zones; and
• Heating, ventilation, and air conditioning systems of the buildings provided with appropriately
sized maximum efficiency rating value (MERV) filters (e.g., MERV 12 or better).
• Buffering sensitive uses away from emission sources.
5.2.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Significant and Unavoidable. As described previously, the development anticipated by the Specific Plan
would increase the frequency or severity of existing air quality violations, and an impact regarding net
increase of criteria pollutants and AQMP consistency would remain significant and unavoidable with
implementation of Mitigation Measures AQ -1 through AQ -8.
However, impacts related to localized emissions would be less than significant with implementation of
Mitigation Measure AQ -9 for localized emissions. Also, with implementation of Mitigation Measure AQ -10,
potential impacts related to TACs would be less than significant.
REFERENCES
2003 Air Quality Management Plan. (2003 SCAQMD AQMP). Accessed:
http://www.aqmd.gov/aqmp/aqmd03aqmp.htm.
South Coast Air Quality Management District Historical Data by Year. Accessed at:
http: //www.agmd.gov/home/library/air-quality-data-studies/historical-data-by_yea r
Tustin Downtown Commercial Core Specific Plan Focused Air Quality and Greenhouse Gas Analysis,
Prepared by Urban Crossroads, 2017. Included as Appendix B.
Tustin Downtown Commercial Core Specific Plan Traffic Study, Prepared by Stantec, 2017. Included as
Appendix E.
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5.2 Air Quality
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5.3 Cultural Resources
5.3.1 INTRODUCTION
This section describes existing cultural (historic architectural and prehistoric -period archaeological)
resources, and analyzes impacts associated with implementation of the proposed Specific Plan on these
resources. Information in the following section is based on the Cultural Resource Assessment for the Tustin
Downtown Commercial Core Specific Plan that was prepared by Cogstone, 2017 (Cogstone, 2017), and is
included as Appendix C.
CULTURAL RESOURCE TERMINOLOGY
Various cultural resource terms are utilized in this EIR analysis, and are summarized as follows:
• Archaeological resources include any material remains of human life or activities that are at least
100 years of age, and that are of scientific interest. A unique or significant archaeological
resource is an archaeological artifact, object, or site about which it can be clearly demonstrated
that, without merely adding to the current body of knowledge, there is a high probability that it
(1) contains information needed to answer important scientific research questions and there is a
demonstrable public interest in that information; (2) has a special and particular quality, such as
being the oldest of its type or the best available example of its type; and (3) is directly
associated with a scientifically recognized important prehistoric or historic event or person.
• Before Present (BP) is a time scale used to specify when events in the past occurred. BP, when
placed after a number (as in 2,500 BP), means "years before the present" This terminology is
used in this section to refer to dates that were obtained through the radiocarbon dating method.
• Cultural resources are defined as buildings, sites, structures, or objects, each of which may have
historic, architectural, archaeological, cultural, or scientific importance, according to the California
Environmental Quality Act (CEQA).
• Historic building or site is one that is noteworthy for its significance in local, state, or national
history or culture, its architecture or design, or its works of art, memorabilia, or artifacts.
• Historic Context refers to the broad patterns of historical development in a community or its
region that is represented by cultural resources. A historic context statement is organized by
themes such as economic, residential, and commercial development.
• Historic District means a geographical area or neighborhood containing a collection of residential
and/or commercial historical buildings which generally represents a significant aspect of the
community's architectural and/or development history.
• Historic integrity is defined as "the ability of a property to convey its significance."
• Historical resources are defined as "a resource listed or eligible for listing on the California
Register of Historical Resources" (CRHR) (Public Resources Code, Section 5024.1; 14 CCR
15064.5). Under CEQA Guidelines Section 15064.5(a), the term "historical resources" includes the
following:
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(1) A resource listed in, or determined to be eligible by the State Historical Resources Commission,
for listing in the California Register of Historical Resources (Public Resources Code,
Section 5024.1).
(2) A resource included in a local register of historical resources, as defined in Section 5020.1(k)
of the Public Resources Code or identified as significant in a historical resource survey meeting
the requirements of Section 5024.1(g) of the Public Resources Code, will be presumed to be
historically or culturally significant. Public agencies must treat any such resource as significant
unless the preponderance of evidence demonstrates that it is not historically or culturally
significant.
(3) Any object, building, structure, site, area, place, record, or manuscript which a lead agency
determines to be historically significant or significant in the architectural, engineering, scientific,
economic, agricultural, educational, social, political, military, or cultural annals of California
may be considered to be a historical resource, provided the lead agency's determination is
supported by substantial evidence in light of the whole record. Generally, a resource shall be
considered by the lead agency to be "historically significant" if the resource meets the criteria
for listing on the California Register of Historical Resources (Pub. Res. Code Section 5024.1)
including the following:
A. Is associated with events that have made a significant contribution to the broad patterns
of California's history and cultural heritage;
B. Is associated with the lives of persons important in California's past;
C. Embodies the distinctive characteristics of a type, period, region, or method of
construction, or represents the work of an important creative individual, or possesses high
artistic values; or
D. Has yielded, or may be likely to yield, information important in prehistory or history.
(4) The fact that a resource is not listed in, or determined to be eligible for listing in the California
Register of Historical Resources, not included in a local register of historical resources (pursuant
to Section 5020.1(k) of the Public Resources Code), or identified in a historical resources survey
(meeting the criteria in Section 5024.1(g) of the Public Resources Code) does not preclude a
lead agency from determining that the resource may be an historical resource as defined in
Public Resources Code Sections 5020.1(j) or 5024.1.
5.3.2 REGULATORY SETTING
National Historic Preservation Act
The National Historic Preservation Act of 1966 (NHPA) established the National Register of Historic Places
(National Register), which is the official register of designated historic places. The National Register is
administered by the National Park Service, and includes listings of buildings, structures, sites, objects, and
districts that possess historical, architectural, engineering, archaeological, or cultural significance at the
national, state, or local level.
To be eligible for the National Register, a property must be significant under one or more of the following
criteria per 36 Code of Federal Regulations Part 60:
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a) Properties that are associated with events that have made a significant contribution to the broad
patterns of our history;
b) Properties that are associated with the lives of persons significant in our past;
c) Properties that embody the distinctive characteristics of a type, period or method of construction,
or that represent the work of a master, or that possess high artistic values, or that represent a
significant and distinguishable entity whose components may lack individual distinction; or
d) Properties that have yielded, or may be likely to yield, information important in prehistory or
history.
In addition to meeting one or more of the aforementioned criteria, an eligible property must also possess
historic "integrity," which is "the ability of a property to convey its significance." The National Register
criteria recognize seven qualities that define integrity: location, design, setting, materials, workmanship,
feeling, and association.
Structures, sites, buildings, districts, and objects over 50 years of age can be listed in the National Register
as significant historical resources. Properties under 50 years of age that are of exceptional importance or
are contributors to a district can also be included in the National Register. Properties listed in or eligible
for listing in the NRHP are also eligible for listing in the California Register of Historic Resources (described
below), and as such, are considered historical resources for CEQA purposes.
California Register of Historical Resources
The California Register of Historical Resources (CRHP) is an inventory of significant architectural,
archeological, and historical resources in the State of California. Resources can be listed on the California
Register through a number of methods. State Historical Landmarks and National Register listed properties
are automatically listed on the California Register. Properties can also be nominated to the California
Register by local governments, private organizations, or citizens. The evaluative criteria used by the
California Register for determining eligibility are closely based on those developed by the National Park
Service for the National Register. In order for a property to be eligible for listing on the California
Register, it must be found significant under one or more of the following criteria:
(A) Is associated with events that have made a significant contribution to the broad patterns of
California's history and cultural heritage;
(B) Is associated with the lives of persons important in California's past;
(C) Embodies the distinctive characteristics of a type, period, region, or method of construction, or
represents the work of an important creative individual, or possesses high artistic values; or
(D) Has yielded, or may be likely to yield, information important in prehistory or history.
In addition, resources eligible for the National Register of Historic Places are automatically listed on the
California Register of Historical Resources.
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City of Tustin General Plan
The City of Tustin General Plan Conservation Open Space and Recreation Element includes the following
goals and policies related to the conservation of cultural resources that are relevant to the proposed
Specific Plan:
Goal 12: Maintain and enhance the City's unique culturally and historically significant building sites or
features.
Policy 12.1: Identify, designate, and protect facilities of historical significance, where feasible.
Policy 12.2: Retain and protect significant areas of archaeological, paleontological, or historical valuate
for education and scientific purposes.
Policy 12.3: Development adjacent to a place, structure or object found to be of historic significance
should be designed so that the uses permitted and the architectural design will protect the
visual setting of the historical site.
Goal 13: Preserve Tustin's archaeological and paleontological resources.
Policy 13.1: Require a site inspection by certified archaeologists or paleontologists for new development
in designated sensitive areas.
Policy 13.2: Require mitigation measures where development will affect archaeological or
paleontological resources.
Tustin City Code
Cultural Resource District (CR), Article 9, Chapter 2, Section 9252
The Cultural Resources District Code Section 9252(d) states that "any improvement or natural feature may
be designated as a cultural resource" and further states, "any area within the City may be designated as
a Cultural Resource District" by approval of the City Council, if it meets the following criteria:
• Criterion 1: It exemplifies or reflects special elements of the City's cultural, architectural, aesthetic,
social, economic, political, artistic, engineering and or architectural heritage; or
• Criterion 2: It is identified with persons, a business use or events significant in local, state, or
national history; or
• Criterion 3: It embodies distinctive characteristics of style, type, period or method of construction,
or is a valuable example of the use of indigenous materials or craftsmanship; or
• Criterion 4: It is representative of the notable work of a builder, designer, or architect; or
• Criterion 5: Its unique location or singular physical characteristic represents an established and
familiar visual feature of a neighborhood, community of the City; or
• Criterion 6: Its integrity as a natural environment or feature strongly contributes to the well-being
of residents of the City or the well-being of a neighborhood within the City; or
• Criterion 7: Its geographically definable area possesses a concentration or continuity of site,
buildings, structures or objects as unified by past events or aesthetically by plan or physical
development.
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An individual may nominate a cultural or historic resource for local listing if it is 50 -years old or older,
consistent with the NRHP guidelines.
A Certificate of Appropriateness shall be required prior to:
• Alteration of the exterior features of a building or site within a designated Cultural Resource
District, or alteration of a Designated Cultural Resource, or construction of improvements within a
designated Cultural Resources District requiring a City building permit.
• Demolition or removal of any Designated Cultural Resource or of any improvements in a Cultural
Resource District.
• A Certificate of Appropriateness shall not be required for the following: (1) ordinary maintenance
or repairs that do not involve a change in design, exterior material or original appearance of an
improvement, nor (2) any construction, reconstruction, alteration or removal of any feature which
has been determined by the Building Official to be necessary to protect the public health or safety
due to an unsafe or dangerous condition provided the Building Official certifies such action.
Application for a Certificate of Appropriateness shall be made on forms provided by the Community
Development Department and shall contain whatever detailed information (plans, drawings, agreements,
photographs, etc.) as is determined by the Community Development Department to be necessary for the
Department to act on the request. Where the proposed project requires other discretionary approvals such
as a tentative tract map, the background information shall also be concurrently submitted to the
Department on each of these applications.
City of Tustin Cultural Resources District Guidelines
Cultural Resources District Residential Design Guidelines
The Cultural Resources District (CRD) Residential Design Guidelines apply to new residential projects or
modifications to existing historical residential homes in the CRD. There are designated cultural resources
located within the Specific Plan boundaries, both inside and outside the CRD, for which these design
guidelines would be applicable, including those identified in the Tustin Historical Resources Survey.
Cultural Resources District Commercial Design Guidelines
Similar to the CRD Residential Design Guidelines, the CRD Commercial Design Guidelines apply to new
commercial projects or modifications to existing historical commercial buildings. There are some designated
cultural resources located within the Specific Plan boundaries, both inside and outside the CRD for which
these design guidelines would be applicable, including those identified in the Tustin Historical Resources
Survey.
5.3.3 ENVIRONMENTAL SETTING
Prehistoric Resources
A total of six cultural studies have been performed within the Planning Area and an additional 35 previous
cultural studies have been performed within the City boundaries. There are no known prehistoric cultural
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resources known with the Specific Plan area; however, 4 prehistoric sites are located within a one -mile
radius of the project area that are listed in Table 5.3-1, Recorded Prehistoric Cultural Resources.
Table 5.3-1: Recorded Prehistoric Cultural Resources
Primary No.
Distance from
(P-30-000)
Specific Plan
Description
area (miles)
300
Shell midden with one chalcedony triangular point base,
1
chert, quartz core, basalt flake, one piece of obsidian,
one steatite bowl, an incised stone, and pestles. Five
burials were present with one additional burial reported
nearby.
301
Metate and Pestle found at six feet below surface during
0.25
trenching.
352
Stone bowl and two pestles found during trenching.
0.50
353
Large stone bowl (stolen), granite pestle, well -used
1
scraper, and pestle fragments.
Source: Cogstone, 2017, Appendix C.
Historic Setting
The present-day City of Tustin lies primarily within the boundaries of the Rancho San Antonio land grant,
which totaled 62,500 acres and was given to Jose Antonio Yorba in 1801 by the Spanish Alta California
Governor Jose Joaquin de Arrillaga on behalf of the Spanish government. This land grant was the only
one given under Spanish Rule in present-day Orange County.
After the United States took possession of California in 1848 following the Mexican -American War, the
Treaty of Guadalupe Hidalgo ensured that the land grants would be honored. In 1 852 a claim for the
Rancho Santiago de Santa Ana was filed with the Public Land Commission, which was patented to
Bernardo, Teodoro, and Ram6n Yorba in 1883.
In the late 1 860's Columbus Tustin, a northern California carriage maker, and his partner, Nelson Stafford,
purchased 1,300 acres of what had been the Rancho Santiago de Santa Ana for one dollar and fifty cents
per acre. Tustin then attempted to create "Tustin City," but the sales of home sites were slow. By the early
1870s, Tustin ended up giving free lots to anyone who would build a home (Tustin Area Historical Society).
The community gradually became established as an agricultural center due to a dependable water supply.
In the 1 890s, agriculture continued to develop, with groves of apricots and walnuts being replaced with
the more profitable Valencia oranges around the turn of the century (Tustin Area Historical Society). Over
time, agricultural lands were sold for land development. By the 1960s, only Development Areas 3 and 5
retained any groves, and a majority of the City core was developed with housing, retail and some
industrial uses.
Historic Resources
There are two buildings within the Specific Plan area that are listed on the California Register of Historical
Resources and the National Register of Historic Places. These are the Artz Building (150-158 West Main
Street; California Register of Historical Resources Primary No. P-30-162095) and the Sherman Stevens
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House (228 West Main Street; Primary No. P-30-160206). In addition, the Cultural Resources District itself
is a recorded historic resource (identified as the "Tustin Old Town Resources District - generally bounded
by First Street in the north, Sixth Street in the south, the 55 Freeway to the west and Prospect Avenue to
the east"; Primary No. P-30-16271).
The Tustin Historic Resources Survey, Parts 1 and 2, identifies over 400 sites of possible distinction and
notable recognition. Using criteria from the National Register and the State of California and a
customized evaluation form for Tustin, these sites were reviewed and assessed for national, state, regional,
and local significance. The properties were reviewed in terms of architectural significance, but significance
was also determined because of historical, landscape and cultural importance, as identified from local
sources. Properties listed in the Tustin Historic Resources Survey, both within and outside of the Specific
Plan area, are also subject to the CRD Residential and Commercial Design Guidelines.
The Specific Plan area also contains numerous buildings that are over 50 years of age or would be over
50 years of age during implementation of the proposed Specific Plan. The buildings within the Specific
Plan area and the decade they were developed is provided in Table 5.3-2, Age of Buildings within the
Specific Plan Area.
Table 5.3-2: Age of Buildings within the Specific Plan Area
Decade
Count
1880
4
1890
1
1900
2
1910
17
1920
14
1930
9
1940
4
1950
28
1960
54
1970
46
1980
35
1990
6
2000
16
Total
236
Source: Cogstone, 2017, Appendix C.
Paleontological Resources
Paleontological resources include fossil remains, as well as fossil localities and rock or soil formations that
have produced fossil material. Fossils are the remains or traces of prehistoric animals and plants. Fossils
are important scientific and educational resources because of their use in (1) documenting the presence
and evolutionary history of particular groups of now extinct organisms (2) reconstructing the environments
in which these organisms lived, and (3) determining the relative ages of the strata in which they occur and
of the geologic events that resulted in the deposition of the sediments that formed these strata and in their
subsequent deformation.
Paleontological sensitivity is the potential for a particular geologic unit to produce scientifically important
fossils. There is a direct correlation between fossils and the geologic units in which they are preserved;
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therefore, paleontological sensitivity is determined by rock type, the history of a particular geologic unit
for producing significant fossils, and the recorded or known fossil localities derived from that unit.
All of Orange County consists of Miocene (22-5 million -year-old) marine sediments overlain by a relatively
thin veneer of Pleistocene (2.4 million to 11 -thousand -year-old) sediments and recent (11 thousand -year-
old to present) alluvial sediments. Downtown Tustin is a flat plain across which streams flowed to the ocean
depositing alluvium. No fossils are known to exist within the Specific Plan area or within the City's limits;
Pleistocene fossils were recovered eight feet below the surface east of the City of Tustin (Cogstone, 2017).
5.3.4 THRESHOLDS OF SIGNIFICANCE
According to Appendix G of the CEQA Guidelines, a project would normally have a significant effect on
the environment if the project would:
CUL -1 Cause a substantial adverse change in the significance of a historical resource as defined in
CEQA Guidelines Section 15064.5.
CUL -2 Cause a substantial adverse change in the significance of an archaeological resource pursuant
to CEQA Guidelines Section 15064.5.
CUL -3 Directly or indirectly destroy a unique paleontological resource or site or unique geologic
feature.
CUL -4 Disturb any human remains, including those interred outside of formal cemeteries.
The Initial Study, included as Appendix A, established that the project would result in less than significant
impacts related to Threshold CUL -3 and CUL -4; no further assessment of these impacts is required in this
EIR.
5.3.5 METHODOLOGY
As part of preparation of the Cultural Resource Assessment for the proposed Specific Plan a records
search was completed on January 26, 2017 at the South Central Coast Information Center (SCCIC),
California State University at Fullerton. Other sources consulted include the National Register of Historic
Places, California Register of Historical Resources, California Inventory of Historic Resources, Bureau of
Land Management General Land Office Records, California Historical Landmarks, and California Points of
Historical Interest. In addition, USGS historic topographical maps were reviewed, and a consultation with
the Tustin Area Historical Society.
5.3.6 ENVIRONMENTAL IMPACTS
IMPACT CUL -1: CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF A HISTORICAL
RESOURCE AS DEFINED IN CEQA GUIDELINES SECTION 15064.5 [THRESHOLD CUL -1 ].
Less than Significant. The Specific Plan area has a rich history, and as listed above, contains two buildings
that are listed on the California Register of Historical Resources and the National Register of Historic
Places. In addition, other structures are eligible or potentially eligible for a historic designation. Also, the
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Specific Plan would be implemented through 2035, and over that time additional buildings and/or
structures in the City could become 50 years of age or more, and therefore potentially historic resources.
Recognizing the important role of historic resources in Tustin, the proposed Specific Plan intends to preserve
the City's historic resources, and enhance their role in the community by implementing historic architectural
styles. As described in the proposed Specific Plan, development within the Specific Plan area shall be
based on the historic architectural styles found in Old Town; and buildings adjacent to historic structures
shall be designed in a manner that safeguards the prominence and integrity of the historic structure as
detailed in the Secretary of the Interior's standards for historic resources. Additionally, the proposed
Specific Plan sets forth restrictions for historic residential structures, as listed below, to support the
preservation of historic resources.
Historic residential structures are subject to the following provisions:
1. Single-family use of historic residential structures consistent with the City's Cultural Resources
District Residential Design Guidelines is a permitted use.
2. Commercial use of historic single-family residential structures converted in compliance with the
Cultural Resources District Commercial Design Guidelines and the Secretary of the Interior's
Standards for Rehabilitation is permitted as specified under the land use designation in which the
structure is located, as shown in Table 3.1, Permitted Use Table of the proposed Specific Plan.
3. Historic single-family residential structures lawfully converted to commercial use cannot be
converted back to residential use and must thereafter be maintained as a commercial use.
In addition, all projects within the Specific Plan area are required to adhere to the CRD Residential and
Commercial Design Guidelines, described previously. Although no historically significant buildings are
planned for demolition and the proposed Specific Plan aims to ensure preservation of historic resources,
implementation of site-specific development projects pursuant to the proposed Specific Plan could cause a
substantial adverse change in the significance of a historical resource by altering a historical resource's
physical characteristics, which convey its historical significance. Adherence to TCC Article 9, Chapter 2, Part
5, Section 9252, and Certificate of Appropriateness procedures, would address unidentified, potential
historical resources (buildings, structures, and features aged 50 years and older) and would ensure
preservation of known historic resources as new development within the Specific Plan area occurs. A
project that follows the Secretary of the Interior's Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings or the Secretary
of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings is
considered to have a less than significant impact.
Much of the street tree canopy in the Specific Plan consists of Indian Laurel Fig (Ficus microcarpa), which is
a non-native tree species with invasive roots, and are sometimes negatively affecting infrastructure within
the Specific Plan area, including the penetration of water and sewer pipes and uplifting sidewalk
pavement, creating potentially unsafe conditions. Therefore, the Specific Plan includes a program to
gradually replace the existing Ficus trees with a tree species identified in the Street Tree Palette, 48 -inch
box sized or larger. The replacement of trees will follow a systematic, phased tree replacement schedule
to replace all alternating Ficus trees within the Specific Plan area and then cycle back to replace the
remaining Ficus trees. These trees were planted in the 1970's in the public right of way. They are not
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identified as landmark trees in Tustin. (Jordan, 2003). The Ficus trees do not constitute a historic landscape,
and their phased replacement would not be considered an impact to a historic resource.
Therefore, with implementation of the historic design standards that would be implemented as part of the
proposed Specific Plan and TCC Article 9, Chapter 2, Part 5, Section 9252 (provided as PPP- CUL -1),
impacts related to a substantial adverse change in the significance of a historic resource would be less than
significant.
IMPACT CUL -2: CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF AN
ARCHAEOLOGICAL RESOURCE PURSUANT TO CEQA GUIDELINES SECTION 15064.5
[THRESHOLD CUL -2].
Less than Significant with Mitigation Incorporated. Archaeology is the recovery and study of material
evidence of human life and culture of past ages. Over time this material evidence becomes buried,
fragmented, or scattered or otherwise hidden from view and is not always evident from a field survey of a
project site. Thus, the possible presence of archaeological materials is often determined by the presence of
geographic, vegetative, and rock features that are known or thought to be associated with early human
life and culture, as well as knowledge of events or material evidence in the area.
The Specific Plan is located in an urbanized area, with a limited number of vacant parcels that were
previously disturbed by past development activities. While the Specific Plan area has been previously
disturbed and developed, future site-specific development projects pursuant to the Specific Plan could
involve grading and excavation to greater depths than previously undertaken. In addition, infill
development would occur on vacant parcels, some of which may not have been previously exposed to
ground disturbing activities, and therefore could result in the disturbance of unknown archaeological
resources.
Because future site-specific development pursuant to the proposed Specific Plan could involve grading and
excavation to greater depths than was previously undertaken, such future development could disturb
buried archaeological resources. Thus, Mitigation Measure CUL -1 is included to reduce the potential for
archaeological resources to be impacted during earthmoving activities and provides for preservation of
any identified resources. With implementation of this mitigation measure, impacts related to a substantial
adverse change in the significance of an archaeological resource would be less than significant.
5.3.7 CUMULATIVE IMPACTS
Less than Significant with Mitigation Incorporated. Cumulative effects involving cultural resources occur
as the result of multiple projects affecting cultural resources involving a resource type or theme, such as
historic ethnic sites or an industry (e.g., Old Town Tustin), that occur within a larger geographic context than
a site-specific development project site. Thus, this analysis considers cumulative development projects that
are located immediately adjacent to the Specific Plan area.
Historic Resources
Because all historical resources are unique and nonrenewable members of finite classes, all adverse effects
or negative impacts erode a dwindling resource base. Federal and state laws and regulations protect
historical resources when feasible. However, it is not always feasible to protect historical resources,
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particularly when an historic building has deteriorated beyond repair. For this reason, the cumulative
effects of development on historical resources from cumulative projects in the region are considered
significant.
However, the proposed Specific Plan development requirements and special use restrictions include
provisions related to preservation of historic resources, as described above. In addition, projects within the
Specific Plan area are required to adhere to the CRD Residential and Commercial Design Guidelines,
described previously. Furthermore, implementation of PPP CUL -1 and PPP CUL -2 would avoid demolition
of historically significant structures and would ensure that adaptive reuse of historically significant
structures comply with Secretary of the Interior Standards and thereby protect the historic integrity of the
structure's facade. Thus, with the application of PPP CUL -1 and CUL -2, and the applicable Specific Plan
design criteria, the proposed Plan's contribution to the cumulative effect to historic resources in the region
would be less than cumulatively considerable.
Archaeological Resources
As described above, there is a possibility that ground -disturbing activities at or below 2 -feet in depth
during future construction may uncover or disturb unknown archaeological resources. However, the project
has included Mitigation Measure CUL -1 that would reduce the potential impact to unknown resources. The
likelihood of uncovering multiple currently unknown resources within the previously developed area that is
sufficient to create a significant cumulative impact is low given the built nature of the Specific Plan area
and few archaeological resources that have been found in the area to date. Thus, the cumulative effects of
development on archaeological resources from implementation of the proposed Specific Plan in
combination with other projects would be less than significant.
5.3.8 EXISTING REGULATIONS, STANDARD CONDITIONS, AND
PLANS, PROGRAMS, OR POLICIES
Existing Regulations
• National Historic Preservation Act
• Tustin City Code
• California Health and Safety Code Section 7050.5
• Public Resources Code Section 5097.98
Plans, Program and Policies (PPPs) and Standard Conditions
The following Plans, Programs, and Policies (PPP) and Standard Conditions (SCs) related to cultural
resources are incorporated into the project and would reduce impacts related to cultural resources. These
actions will be included in the project's mitigation monitoring and reporting program:
• PPP CUL -1: The City of Tustin Cultural Resources District Residential/Commercial Design Guidelines
shall apply to all projects within the Specific Plan area.
• PPP CUL -2: The Certificate of Appropriateness process applies to all projects within the Specific
Plan, when appropriate, as outlined in Tustin City Code, Article 9, Chapter 2, Part 5, Section 9252.
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5.3.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
With implementation of existing regulations, including PPPs CUL -1 and CUL -2, impact CUL -1 would be less
than significant. As described previously, without mitigation impacts CUL -2 would be potentially significant.
5.3.10 MITIGATION MEASURES
Mitigation Measure CUL -1: Prior to issuance of a grading permit for grading of 2 feet or more in depth
below the natural or existing grade, the applicant/developer shall provide written evidence to the City
Planning Division that a qualified archaeologist has been retained by the applicant/developer to respond
on an as -needed basis to address unanticipated archaeological discoveries and any archaeological
requirements (e.g., conditions of approval) that are applicable to the project. The applicant/developer is
encouraged to conduct a field meeting prior to the start of construction activity with all construction
supervisors to train staff to identify potential archaeological resources. In the event that archaeological
materials are encountered during ground -disturbing activities, work in the immediate vicinity of the
resource shall cease until a qualified archaeologist has assessed the discovery and appropriate treatment
pursuant to CEQA Guidelines Section 15064.5 is determined.
If discovered archaeological resources are found to be significant, the archaeologist shall determine, in
consultation with the City and any local Native American groups expressing interest following notification
by the City, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines
Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to
archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section
15126.4(b)(3)(C), if it is demonstrated that confirmed resources cannot be avoided, the qualified
archaeologist shall develop additional treatment measures, such as data recovery, reburial/relocation,
deposit at a local museum that accepts such resources or other appropriate measures, in consultation with
the implementing agency and any local Native American representatives expressing interest in prehistoric
or tribal resources. If an archaeological site does not qualify as an historical resource but meets the criteria
for a unique archaeological resource as defined in Section 21083.2, then the site shall be treated in
accordance with the provisions of Section 21083.2.
5.3.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Less than Significant. To reduce impacts associated with Impact CUL -2, Mitigation Measure CUL -1 is
included to reduce the potential for archaeological resources to be impacted during earthmoving activities
and provides for preservation of any identified resources. Implementation of this mitigation measure would
reduce potential impacts related to cultural resources to a less than significant level.
REFERENCES
Cultural Resource Assessment for the Tustin Downtown Commercial Core Specific Plan. Prepared by
Cogstone, May 2017. Included as Appendix C.
2003 City of Tustin Historic Resources Survey. Prepared by TBA West.
http://www.tustinca.org/civicax/filebank/blobdload.aspx?BloblD=23033
Jordan, Carol (2003). The Landmark Trees of Tustin. Tustin Historical Society.
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Tustin City Code (2017). Accessed at:
https://Iibrary.municode.com/ca/tustin/codes/code_of_ord inances?nodeld= l 1 307
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5.4 Greenhouse Gas Emissions
5.4.1 INTRODUCTION
This section evaluates the potential for implementation of the proposed Specific Plan to cumulatively
contribute to greenhouse gas (GHG) emissions impacts. Because no single project is large enough to result
in a measurable increase in global concentrations of GHG emissions, impacts of the proposed Specific Plan
are considered on a cumulative basis. This evaluation is based on the methodology recommended by the
South Coast Air Quality Management District (SCAQMD). This section also addresses the Specific Plan's
consistency with applicable plans, policies, and pubic agency regulations adopted for the purpose of
reducing the emissions of greenhouse gases. The analysis within this section is based on the Air Quality and
Greenhouse Gas Analysis prepared for the Specific Plan by Urban Crossroads (UC 2017), included as
Appendix B.
5.4.2 REGULATORY SETTING
National Climate Action Plan
In June 2013, President Obama enacted a national Climate Action Plan (CAP) that consisted of a wide
variety of executive actions and had three pillars discussed below.
• Cut Carbon in America: The CAP consists of actions to help cut carbon by deploying clean energy
such as cutting carbon from power plants, promoting renewable energy, and unlocking long-term
investment in clean energy innovation.
• Prepare the United States for Impacts of Climate Change: The CAP consists of actions to help
prepare for the impacts of climate change through building stronger and safer communities and
infrastructure by supporting climate resilient investments and supporting communities as they
prepare for impacts, and boosting resilience of building and infrastructure; protecting the
economy and natural resources by identifying vulnerabilities, promoting insurance leadership,
conserving land and water resources, managing drought, reducing wildfire risks, and preparing
for future floods; and using sound science to manage climate impacts.
• Lead International Efforts: The CAP consists of actions to help the United States lead international
efforts through working with other countries to take action by enhancing multilateral engagements
with major economies, expanding bilateral cooperation among major emerging economies,
combating short-lived climate pollutants, reducing deforestation and degradation, expanding
clean energy use and cutting energy waste, promoting global free trade in environmental goods
and services, phasing out subsidies that encourage wasteful use of fossil fuels, and by leading
efforts to address climate change through international negotiations.
California Assembly Bill 1493 — Pavley
In 2002, the California legislature adopted regulations to reduce GHG emissions in the transportation
sector. In September 2004, pursuant to AB 1493, the CARB approved regulations to reduce GHG
emissions from new motor vehicles beginning with the 2009 model year. In September 2009, CARB
adopted amendments to the Pavley regulations to reduce GHG from 2009 to 2016. CARB, EPA, and the
U.S. Department of Transportation's National Highway Traffic and Safety Administration (NHTSA) have
coordinated efforts to develop fuel economy and GHG standards for model 2017-2025 vehicles. The
GHG standards are incorporated into the "Low Emission Vehicle" (LEV) Regulations.
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California Executive Order S-3-05 — Statewide Emission Reduction Targets
Executive Order S-3-05 was established by Governor Arnold Schwarzenegger in June 2005. Executive
Order S-3-05 establishes statewide emission reduction targets through the year 2050:
• By 2010, reduce GHG emissions to 2000 levels;
• By 2020, reduce GHG emissions to 1990 levels; and
• By 2050, reduce GHG emissions to 80 percent below 1990 levels.
California Assembly Bill 32, Global Warming Solutions Act of 2006
In furtherance of the goals established in Executive Order S-3-05, the legislature enacted AB 32 to
mandate the quantification and reduction of GHGs to 1990 levels by the year 2020. The law establishes
periodic targets for reductions, and requires certain facilities to report emissions of GHGs annually. The
legislation authorizes CARB to reduce emissions from certain sectors that contribute the most to statewide
emissions of GHGs.
Under AB 32, CARB must adopt regulations requiring the reporting and verification of statewide GHG
emissions. This program will be used to monitor and enforce compliance with the established standards.
CARB is also required to adopt rules and regulations to achieve the maximum technologically feasible and
cost-effective GHG emission reductions. AB 32 allows CARB to adopt market-based compliance
mechanisms to meet the specified requirements. Also, CARB is ultimately responsible for monitoring
compliance and enforcing any rule, regulation, order, emission limitation, emission reduction measure, or
market-based compliance mechanism adopted.
The first action under AB 32 resulted in the adoption of a report listing early action GHG emission
reduction measures on June 21, 2007. The early actions include three specific GHG control rules. On
October 25, 2007, CARB approved an additional six early action GHG reduction measures under AB 32.
The three -original early -action regulations meeting the narrow legal definition of "discrete early action
GHG reduction measures" include:
• A low -carbon fuel standard to reduce the "carbon intensity" of California fuels.
• Reduction of refrigerant losses from motor vehicle air conditioning system maintenance to restrict
the sale of "do-it-yourself" automotive refrigerants.
• Increased methane capture from landfills to require broader use of state-of-the-art methane
capture technologies.
The additional six early -action regulations, which were also considered "discrete early action GHG
reduction measures," consist of:
• Reduction of aerodynamic drag, and thereby fuel consumption, from existing trucks and trailers
through retrofit technology.
• Reduction of auxiliary engine emissions of docked ships by requiring port electrification.
• Reduction of PFCs from the semiconductor industry.
• Reduction of propellants in consumer products (e.g., aerosols, tire inflators, and dust removal
products).
• Requirements that all tune-up, smog check, and oil change mechanics ensure proper tire inflation as
part of overall service in order to maintain fuel efficiency.
• Restriction on the use of SF6 from non -electricity sectors if viable alternatives are available.
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As required under AB 32, on December 6, 2007, CARB approved the 1990 GHG emissions inventory,
thereby establishing the emissions limit for 2020. The 2020 emissions limit was set at 427 MTCO2E. In
addition to the 1990 emissions inventory, CARB also adopted regulations requiring mandatory reporting
of GHGs for large facilities that account for 94 percent of GHG emissions from industrial and commercial
stationary sources in California. About 800 separate sources fall under the new reporting rules and include
electricity generating facilities, electricity retail providers and power marketers, oil refineries, hydrogen
plants, cement plants, cogeneration facilities, and other industrial sources that emit CO2 in excess of
specified thresholds.
On December 11, 2008, CARB approved the Climate Change Proposed Scoping Plan: A Framework for
Change (Scoping Plan; CARB 2008) to achieve the goals of AB 32. The Scoping Plan establishes an overall
framework for the measures that will be adopted to reduce California's GHG emissions. The Scoping Plan
evaluates opportunities for sector -specific reductions, integrates all CARB and Climate Action Team early
actions and additional GHG reduction measures by both entities, identifies additional measures to be
pursued as regulations, and outlines the role of a cap -and -trade program. The key elements of the
Scoping Plan include:
• Expanding and strengthening existing energy efficiency programs as well as building and
appliance standards.
• Achieving a statewide renewables energy mix of 33 percent.
• Developing a California cap -and -trade program that links with other Western Climate Initiative
partner programs to create a regional market system and caps sources contributing 85% of
California's GHG emissions.
• Establishing targets for transportation -related GHG emissions for regions throughout California,
and pursuing policies and incentives to achieve those targets.
• Adopting and implementing measures pursuant to existing state laws and policies, including
California's clean car standards, goods movement measures, and the Low Carbon Fuel Standard
(LCFS).
• Creating targeted fees, including a public goods charge on water use, fees on high GWP gases,
and a fee to fund the administrative costs of the State of California's long-term commitment to AB
32 implementation.
The AB 32 Scoping Plan also anticipates that local government actions will result in reduced GHG emissions
because local governments have the primary authority to plan, zone, approve, and permit development to
accommodate population growth and the changing needs of their jurisdictions. The Scoping Plan also relies
on the requirements of Senate Bill (SB) 375 (discussed below) to align local land use and transportation
planning for achieving GHG reductions.
The Scoping Plan must be updated every five years to evaluate AB 32 policies and ensure that California
is on track to achieve the 2020 GHG reduction goal. In 2014, CARB released the First Update to the
Scoping Plan, which builds upon the Initial Scoping Plan with new strategies and recommendations. The First
Update identifies opportunities to leverage existing and new funds to further drive GHG emission
reductions through strategic planning and targeted low carbon investments. This update defines CARB's
climate change priorities for the next five years and sets the groundwork to reach long-term goals set forth
in Executive Order S-3-05. The update highlights California's progress toward meeting the "near-term"
2020 GHG emission reduction goals in the original 2008 Scoping Plan. It also evaluates how to align the
state's "longer-term" GHG reduction strategies with other state policy priorities for water, waste, natural
resources, clean energy, transportation, and land use.
On January 20, 2017, CARB released the proposed Second Update to the Scoping Plan, which identifies
the State's post -2020 reduction strategy. The Second Update would reflect the 2030 target of a 40
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percent reduction below 1990 levels, set by Executive Order B-30-15 and codified by SB 32. Key
programs that the proposed Second Update builds upon include the Cap -and -Trade Regulation, the Low
Carbon Fuel Standard, and much cleaner cars, trucks and freight movement, utilizing cleaner, renewable
energy, and strategies to reduce methane emissions from agricultural and other wastes. The proposed
Second Update is undergoing a review period and has not yet been adopted.
Senate Bill 375
In August 2008, the legislature passed, and on September 30, 2008, Governor Schwarzenegger signed,
SB 375 (Steinberg), which addresses GHG emissions associated with the transportation sector through
regional transportation and sustainability plans. Regional GHG reduction targets for the automobile and
light -truck sector for 2020 and 2035, as determined by CARB, are required to consider the emission
reductions associated with vehicle emission standards (see SB 1493), the composition of fuels (see Executive
Order S-1-07), and other CARB-approved measures to reduce GHG emissions. Regional metropolitan
planning organizations (MPOs) will be responsible for preparing a Sustainable Communities Strategy
(SCS) within their Regional Transportation Plan (RTP). The goal of the SCS is to establish a development
plan for the region, which, after considering transportation measures and policies, will achieve, if feasible,
the GHG reduction targets. If an SCS is unable to achieve the GHG reduction target, an MPO must
prepare an Alternative Planning Strategy demonstrating how the GHG reduction target would be
achieved through alternative development patterns, infrastructure, or additional transportation measures
or policies. SB 375 provides incentives for streamlining CEQA requirements by substantially reducing the
requirements for "transit priority projects," as specified in SB 375, and eliminating the analysis of the
impacts of certain residential projects on global warming and the growth -inducing impacts of those
projects when the projects are consistent with the SCS or Alternative Planning Strategy. On September 23,
2010, CARB adopted the SB 375 targets for the regional MPOs.
Executive Order B-30-15 — 2030 Statewide Emission Reduction Target
Executive Order B-30-15 was signed by Governor Jerry Brown on April 29, 2015, establishing an interim
statewide GHG reduction target of 40 percent below 1990 levels by 2030, which is necessary to guide
regulatory policy and investments in California in the midterm, and put California on the most cost-
effective path for long-term emission reductions. Under this Executive Order, all state agencies with
jurisdiction over sources of greenhouse gas emissions are required to continue to develop and implement
emissions reduction programs to reach the state's 2050 target and attain a level of emissions necessary to
avoid dangerous climate change. According to the Governor's Office, this Executive Order is in line with
the scientifically established levels needed in the United States to limit global warming below 2°C - the
warming threshold at which scientists say there will likely be major climate disruptions such as super
droughts and rising sea levels.
Title 24 Energy Efficiency Standards and California Green Building Standards
The newest version of California Code of Regulations Title 24 Part 6 was adopted by the
California Energy Commission (CEC) in June 2015 and became effective on January 1, 2017. The
CEC indicates that these Title 24 standards will reduce energy consumption by 5 percent for
nonresidential buildings above that achieved by the 2013 Title 24.
5.4.3 ENVIRONMENTAL SETTING
Gases that trap heat in the atmosphere are called greenhouse gases (GHGs). The major concern with
GHGs is that increases in their concentrations are causing global climate change. Global climate change is
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a change in the average weather on Earth that can be measured by wind patterns, storms, precipitation,
and temperature. Although there is disagreement as to the rate of global climate change and the extent of
the impacts attributable to human activities, most in the scientific community agree that there is a direct link
between increased emissions of GHGs and long term global temperature increases.
The principal GHGs are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride
(SF6), perfluorocarbon (PFCs), and hydrofluorocarbons (HFCs). Because different GHGs have different
warming potential, and CO2 is the most common reference gas for climate change, GHG emissions are
often quantified and reported as CO2 equivalents (CO2e). For example, SF6 is a GHG commonly used in
the utility industry as an insulating gas in circuit breakers and other electronic equipment. SF6, while
comprising a small fraction of the total GHGs emitted annually world-wide, is a much more potent GHG,
with 22,800 times the global warming potential as CO2. Therefore, an emission of one metric ton (MT) of
SF6 could be reported as an emission of 22,800 MT of CO2e. Large emission sources are reported in
million metric tons (MMT) of CO2e. The principal GHGs are described below, along with their global
warming potential.
Carbon dioxide: Carbon dioxide (CO2) is an odorless, colorless, natural greenhouse gas. Carbon dioxide's
global warming potential is 1. Natural sources include decomposition of dead organic matter; respiration
of bacteria, plants, animals, and fungus; evaporation from oceans; and volcanic outgassing. Anthropogenic
(manmade) sources are from burning coal, oil, natural gas, and wood.
Methane: Methane (CH4) is a flammable gas and is the main component of natural gas. It has a lifetime of
12 years, and its global warming potential is 28. Methane is extracted from geological deposits (natural
gas fields). Other sources are landfills, fermentation of manure, and decay of organic matter.
Nitrous oxide: Nitrous oxide (N2O) (laughing gas) is a colorless greenhouse gas that has a lifetime of 121
years, and its global warming potential is 265. Sources include microbial processes in soil and water, fuel
combustion, and industrial processes.
Sulfur hexafluoride: Sulfur hexafluoride (SF6) is an inorganic, odorless, colorless, and nontoxic,
nonflammable gas that has a lifetime of 3,200 years and a high global warming potential of 23,500. This
gas is manmade and used for insulation in electric power transmission equipment, in the magnesium
industry, in semiconductor manufacturing, and as a tracer gas.
Perfluorocarbons: Perfluorocarbons (PFCs) have stable molecular structures and only break down by
ultraviolet rays about 60 kilometers above Earth's surface. Because of this, they have long lifetimes,
between 10,000 and 50,000 years. Their global warming potential ranges from 7,000 to 11,000. Two
main sources of perfluorocarbons are primary aluminum production and semiconductor manufacturing.
Hydrofluorocarbons: Hydrofluorocarbons (HFCs) are a group of greenhouse gases containing carbon,
chlorine, and at least one hydrogen atom. Their global warming potential ranges from 100 to 12,000.
Hydrofluorocarbons are synthetic manmade chemicals used as a substitute for chlorofluorocarbons in
applications such as automobile air conditioners and refrigerants.
Some of the potential effects in California of global warming may include loss in snow pack, sea level rise,
more extreme heat days per year, more high ozone days, more forest fires, and more drought years
(CARB, 2009). Globally, climate change has the potential to impact numerous environmental resources
through potential, though uncertain, impacts related to future air temperatures and precipitation patterns.
The projected effects of global warming on weather and climate are likely to vary regionally, but are
expected to include the following direct effects (IPCC, 2001):
• Higher maximum temperatures and more hot days over nearly all land areas;
• Higher minimum temperatures, fewer cold days and frost days over nearly all land areas;
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• Reduced diurnal temperature range over most land areas;
• Increase of heat index over land areas; and
• More intense precipitation events.
Also, there are many secondary effects that are projected to result from global warming, including global
rise in sea level, impacts to agriculture, changes in disease vectors, and changes in habitat and
biodiversity. While the possible outcomes and the feedback mechanisms involved are not fully understood
and much research remains to be done, the potential for substantial environmental, social, and economic
consequences over the long term may be great.
GHGs are produced by both direct and indirect emissions sources. Direct emissions include consumption of
natural gas, heating and cooling of buildings, landscaping activities and other equipment used directly by
land uses. Indirect emissions include the consumption of fossil fuels for vehicle trips, electricity generation,
water usage, and solid waste disposal.
California produced 441.5 gross MMT/yr CO2e in 2014. Combustion of fossil fuel in the transportation
sector was the single largest source of California's GHG emissions accounting for 36 percent of total GHG
emissions in the state. This sector was followed by the electric power sector (including both in-state and out-
of-state sources) (21 percent) and the industrial sector (19 percent).
Existing Project Site Conditions
The Specific Plan area is a developed urban area that consists of the following uses: general commercial
(80 percent), housing (5 percent), parks and open space (5 percent), and underutilized uses (10 percent),
which are further described in Section 5.5, Land Use and Planning. The existing uses within the Specific Plan
area currently generate GHG emissions from natural gas used for energy, heating and cooking, electricity
usage, vehicle trips associated with each land use, area sources such as landscaping equipment and
consumer cleaning products, from water demand, wastewater generation, and solid waste generation.
5.4.4 THRESHOLDS OF SIGNIFICANCE
Appendix G of State CEQA Guidelines indicates that a project could have a significant effect if it were to:
GHG-1 Generate GHG emissions, either directly or indirectly, that may have a significant impact
on the environment; or
GHG-2 Conflict with any applicable plan, policy or regulation of an agency adopted for the
purpose of reducing the emissions of greenhouse gases.
The SCAQMD formed a working group to identify greenhouse gas emissions thresholds for land use
projects that could be used by local lead agencies in the Basin in 2008. The working group developed
several different options that are contained in the SCAQMD Draft Guidance Document — Interim CEQA
Greenhouse Gas Significance Threshold, that could be applied by lead agencies, which includes the
following tiered approach:
• Tier 1 consists of evaluating whether or not the project qualifies for any applicable exemption
under CEQA.
• Tier 2 consists of determining whether the project is consistent with a greenhouse gas reduction
plan. If a project is consistent with a qualifying local greenhouse gas reduction plan, it does not
have significant greenhouse gas emissions.
• Tier 3 consists of screening values, which the lead agency can choose, but must be consistent with
all projects within its jurisdiction. A project's construction emissions are averaged over 30 years
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and are added to the project's operational emissions. If a project's emissions are below one of the
following screening thresholds, then the project is less than significant:
o All land use types: 3,000 MTCO2E per year
o Based on land use type:
■ Residential: 3,500 MTCO2E per year
■ Commercial: 1,400 MTCO2E per year
■ Mixed use: 3,000 MTCO2E per year
• Tier 4 has the following options:
o Option 1: Reduce business as usual emissions by a certain percentage; this percentage is
currently undefined.
o Option 2: Early implementation of applicable AB 32 Scoping Plan measures.
o Option 3, 2020 Target: For service populations (SP), including residents and employees,
4.8 MTCO2E/SP/year for projects and 6.6 MTCO2E/SP/year for plans.
o Option 3, 2035 Target: 3.0 MTCO2E/SP/year for projects and 4.1 MTCO2E/SP/year for
plans.
Due to the multiple development projects and number of residential units and non-residential square
footage that would be developed over the 17 -year build out of the proposed Specific Plan, the SCAQMD
screening threshold would be exceeded, as detailed below. This screening threshold is typically applied
for analysis of specific development projects.
Thus, for the purpose of the proposed Specific Plan, SCAQMD's threshold related to the plan -level
efficiency metric is more appropriate for general plan -level analysis. If projects exceed the thresholds,
GHG emissions would be considered potentially significant in the absence of mitigation measures. As the
proposed Specific Plan anticipates buildout in 2035, the efficiency target is 4.1 MTCO2E/SP/year, as
listed above.
5.4.5 METHODOLOGY
The California Emissions Estimator Model (CaIEEMod) v2016.3.1 is the most recent version, and has been
used to determine construction and operational GHG emissions for build out of the proposed Specific Plan.
The purpose of this model is to calculate construction -source and operational -source GHG emissions from
direct and indirect sources; and quantify applicable air quality and GHG reductions achieved from
mitigation measures, if applied.
For construction phase project emissions, GHGs are quantified and per SCAQMD methodology, the total
greenhouse gas emissions for construction activities are divided by 30 -years, and then added to the
annual operational phase of GHG emissions.
The City of Tustin does not have an adopted numeric threshold of significance for determining impacts from
GHG emissions. Thus, a significant impact would occur if GHG emissions resulting from implementation of
the proposed Specific Plan would exceed applicable threshold levels set forth by SCAQMD's plans and
programs, which includes the thresholds listed above.
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5.4.6 ENVIRONMENTAL IMPACTS
IMPACT GHG-1: THE PROJECT WOULD GENERATE GHG EMISSIONS THAT MAY HAVE A SIGNIFICANT
IMPACT ON THE ENVIRONMENT [THRESHOLD GHG-11.
Significant and Unavoidable.
Construction
Construction activities would occur at different sites throughout the Specific Plan area through the Plan's
estimated 17 -year build out. The site-specific development projects that would occur pursuant to the
Specific Plan would be temporary at any one location, but numerous site-specific development projects are
anticipated to occur pursuant to buildout of the proposed Specific Plan. Construction of site-specific
development projects would create new sources of GHG, and could contribute to global climate change
impacts. Construction activities would result in the emission of GHGs from equipment exhaust, construction -
related vehicular activity and construction worker automobile trips. Emission levels for construction activities
would vary depending on the number and type of equipment, duration of use, operation schedules, and
the number of construction workers.
Total estimated construction -related GHG emissions from build out of the proposed Specific Plan were
amortized over 30 years per SCAQMD methodology, and as shown on Table 5.4-1 would equal
approximately 61.61 MT/yr CO2E per year.
Table 5.4-1: Summary of Greenhouse Gas Emissions (Annual)
Emission Source
Emissions (metric tons per year)
CO2 CH4 N2O Total CO2E
Construction Emissions (amortized)
61.49 0.006 -- 61.61
Operational Emissions
30,655.32 14.91 0.13 31,065.98
Total CO2E (All Sources)
31,127.6
SCAQMD Screening Threshold (CO2E)
3,000
Screening Threshold Exceeded?
Yes
Service Population Generated
3,619
Project Efficiency
8.6
SCAQMD Efficiency Target Threshold (2035)
4.1
Efficiency Target Threshold Exceeded?
Yes
Source Urban Crossroads, 2017, Appendix B.
Note: Totals obtained from CalEEModT°9 and may not total 100% due to rounding.
Table results include scientific notation. a is used to represent times ten raised to the power of
(which would be written as x l Ob") and is followed by the value of the exponent.
Operation
Area and indirect sources associated with the proposed Specific Plan would primarily result from mobile
transportation sources, electricity and natural gas consumption, water transport (the energy used to pump
water), and solid waste generation from new developments. GHG emissions from electricity consumed
within the Specific Plan area would be generated off-site by fuel combustion at the electricity provider.
GHG emissions from water transport are also indirect emissions resulting from the energy required to
transport water from its source. In addition, the proposed Specific Plan would generate GHG emissions
from motor vehicle trips.
The estimated operational GHG emissions that would be generated from build out of the land uses
identified within the Specific Plan are shown in Table 5.4-1. As shown, the total net annual GHG emissions
would be approximately 31,127.6 MTCO2E per year, which would exceed the SCAQMD screening
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threshold of 3,000 MTCO2E per year. In addition, the annual GHG emissions per service population for the
proposed Specific Plan would be 8.6 MT/yr CO2E, which would exceed SCAQMD's 2035 efficiency level
threshold of 4.1 MT/yr CO2E. Therefore, GHG emissions from build out of the proposed Specific Plan
would be significant. As a result, Mitigation Measures AQ -7 and AQ -8, described in Section 5.2, Air
Quality, are included to require Specific Plan development projects to be designed to achieve a 5 percent
efficiency beyond the incumbent California Building Code Title 24 requirements, and be designed to
reduce water usage by a minimum of 30 percent when compared to baseline water demand. However,
even with implementation of these mitigation measures the GHG emissions generated by the proposed
Specific Plan would remain significant and unavoidable.
IMPACT GHG-2: THE PROJECT WOULD CONFLICT WITH AN APPLICABLE PLAN, POLICY OR
REGULATION OF AN AGENCY ADOPTED FOR THE PURPOSE OF REDUCING THE
EMISSIONS OF GREENHOUSE GASES [THRESHOLD GHG-2].
Significant and Unavoidable. The City of Tustin is largely built out, and future development under the
proposed Specific Plan would consist mostly of infill, mixed-use, and redevelopment projects that are
market and need dependent, and would help to meet housing demands from projected employment
growth in the City while maintaining a healthy vacancy rate. This growth that would be accommodated by
the proposed Specific Plan would result in GHG emissions. The proposed Specific Plan provides for bicycle
and pedestrian circulation infrastructure to reduction of vehicle miles traveled and related GHG emissions.
In addition, the proposed Specific Plan would be implemented pursuant to the CALGreen Building (Title
24) requirements, and provide new land uses in a sustainable manner. This is consistent with the intent of
the AB 32 Scoping Plan and SB 375, which is focused on changing land use patterns and improving
transportation alternatives.
However, as described in Impact 5.4-1 previously, the GHG emissions that would be generated from the
increase in population and the resulting vehicular trips and use of electricity, water, and fuels from
construction and operation of the anticipated land uses at build out of the Specific Plan would be in excess
of both the SCAQMD screening threshold and 2035 efficiency level threshold.
The SCAQMD thresholds for service population are consistent with California Climate Change Scoping Plan
GHG emissions reduction targets for which its set of strategies were developed to reduce GHG emissions
statewide. Thus, a project could not exceed the efficiency threshold without also conflicting with an
applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of GHGs
(California Climate Change Scoping Plan). Therefore, because the development that would be guided by
the proposed Specific Plan would result in GHG emissions that would exceed 4.1 metric tons of CO2E per
service population annually, a significant impact related to conflict with an applicable plan or policy
adopted for the purpose of reducing the emissions of greenhouse gasses would result. As described in
Impact GHG-1 previously, even with implementation of mitigation measures the GHG emissions generated
by the proposed Specific Plan would exceed the SCAQMD thresholds, and therefore would remain
significant and unavoidable.
5.4.7 CUMULATIVE IMPACTS
Significant and Unavoidable. GHG emissions impacts are assessed in a cumulative context, since no single
project can cause a discernible change to climate. Climate change impacts are the result of incremental
contributions from natural processes, and past and present human -related activities. Therefore, the area in
which a proposed project in combination with other past, present, or future projects, could contribute to a
significant cumulative climate change impact would not be defined by a geographical boundary such as a
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project site or combination of sites, city or air basin. GHG emissions have high atmospheric lifetimes and
can travel across the globe over a period of 50 to 100 years or more. Even though the emissions of GHGs
cannot be defined by a geographic boundary and are effectively part of the global issue of climate
change, CEQA places a boundary for the analysis of impacts at the state's borders. Thus, the geographic
area for analysis of cumulative GHG emissions impacts is the State of California.
Assembly Bill 32 (AB 32), the California Global Warming Solutions Act of 2006 (Nunez), recognizes that
California is the source of substantial amounts of GHG emissions. The statute begins with several legislative
findings and declarations of intent, including the following:
Global warming poses a serious threat to the economic well-being, public health, natural
resources, and the environment of California. The potential adverse impacts of global warming
include the exacerbation of air quality problems, a reduction in the quality and supply of water to
the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands
of coastal businesses and residences, damage to marine ecosystems and the natural environment,
and an increase in the incidences of infectious diseases, asthma, and other human health-related
problems" (California Health and Safety Code, Section 38501(a)).
Thus, AB 32 recognizes the significance of the statewide cumulative impact of greenhouse gas emissions
from sources throughout the state, and sets a performance standard for mitigation of that cumulative
impact.
The analysis of greenhouse gas emission impacts under CEQA contained in this EIR effectively constitutes an
analysis of a project's contribution to the significant statewide cumulative impact of GHG emissions. As
described previously, the estimated GHG emissions from development and operation of the proposed
Specific Plan at build out would exceed the AQMD screening threshold of 3,000 MTCO2E per year and
exceed the SCAQMD 2035 efficiency level threshold of 4.1 MT/yr CO2E after implementation of
mitigation measures. Therefore, the contribution of the Specific Plan to significant cumulative GHG impacts
is significant and unavoidable and cumulatively considerable.
5.4.8 EXISTING STANDARD REGULATIONS, CONDITIONS AND
PLANS, PROGRAMS, OR POLICIES
Existing Regulations
• California Assembly Bill 1493 (Pavley)
• California Executive Order S-3-05
• Assembly Bill 32 (Global Warming Solutions Act of 2006)
• Senate Bill 375 (Steinberg)
• California Executive Order B-30-15
• California Energy Code
• California Green Building Standards Code
Plans, Program and Policies (PPPs) and Standard Conditions
None.
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5.4.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Significant. Without mitigation, the following impacts would be potentially significant:
• Impact GHG-1: The GHG emissions generated from implementation of the proposed Specific Plan
would result in a significant impact.
• Impact GHG-2: The project would conflict with an applicable plan, policy or regulation of an
agency adopted for the purpose of reducing the emissions of greenhouse gases.
5.4.10 MITIGATION MEASURES
See Mitigation Measure AQ -7: See Section 5.2, Air Quality for mitigation measure's text.
See Mitigation Measure AQ -8: See Section 5.2, Air Quality for mitigation measure's text.
5.4.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Significant and Unavoidable. Greenhouse gas emissions from construction and operation of build out of
the proposed Specific Plan and conflicting with existing policies would remain significant and unavoidable,
even with implementation of Air Quality Mitigation Measures AQ -7 and AQ -8.
REFERENCES
Tustin Downtown Commercial Core Specific Plan Focused Air Quality and Greenhouse Gas Analysis,
Prepared by Urban Crossroads, 2017. Included as Appendix B.
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5.5 Land Use and Planning
5.5.1 INTRODUCTION
This section evaluates the potential impacts to land use in the city of Tustin from implementation of the
proposed project. This section is based on the proposed land use designations and land uses described in
detail in Chapter 3, Project Description, and shown in Figure 3-5, Proposed Land Use Plan. This section
evaluates the proposed Specific Plan to determine its consistency with relevant goals and policies of the
Tustin General Plan, the City's Zoning Code, and the Southern California Association of Governments'
(SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS).
5.5.2 REGULATORY SETTING
Southern California Association of Governments
SCAG is a council of governments representing Imperial, Los Angeles, Orange, Riverside, San Bernardino,
and Ventura counties. SCAG is the federally recognized metropolitan planning organization (MPO) for this
region, which encompasses over 38,000 square miles. SCAG is a regional planning agency and a forum
for addressing regional issues concerning transportation, the economy, community development, and the
environment. SCAG is also the regional clearinghouse for projects requiring environmental documentation
under federal and state law. In this role, SCAG reviews proposed development and infrastructure projects
to analyze their impacts on regional planning programs. As the southern California region's MPO, SCAG
cooperates with the South Coast Air Quality Management District (SCAQMD), the California Department of
Transportation (Caltrans), and other agencies in preparing regional planning documents. SCAG has
developed regional plans to achieve specific regional objectives. The plans most applicable to the
proposed project are discussed below.
The project is considered a project of regionwide significance pursuant to the criteria outlined in Section
15206 of the CEQA Guidelines. Therefore, this section addresses the project's consistency with the
applicable SCAG regional planning guidelines and policies.
SCAG Regional Transportation Plan/Sustainable Communities Strategy
On April 7, 2016, SCAG's Regional Council adopted the 2016-2040 RTP/SCS. This long-range visioning
plan balances future mobility and housing needs with economic, environmental, and public health goals.
The 2016 RTP/SCS includes a strong commitment to reduce emissions from transportation sources to comply
with Senate Bill 375, improve public health, and meet the National Ambient Air Quality Standards. It
balances the region's future mobility and housing needs with economic, environmental, and public health
goals. The RTP/SCS is required by the state of California and the federal government and is updated by
SCAG every four years as demographic, economic, and policy circumstances change (SCAG 2016). The
RTP/SCS goals and policies relevant to the proposed Specific Plan are provided below:
Goals
1. Align the plan investments and policies with improving regional economic development and
competitiveness.
2. Maximize mobility and accessibility for all people and goods in the region.
3. Ensure travel safety and reliability for all people and goods in the region.
4. Preserve and ensure a sustainable regional transportation system.
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5. Maximize the productivity of our transportation system.
6. Protect the environment and health of our residents by improving air quality and encouraging
active transportation (e.g., bicycling and walking).
7. Actively encourage and create incentives for energy efficiency, where possible.
8. Encourage land use and growth patterns that facilitate transit and active transportation.
Policies
Identify regional strategic areas for infill and investment: Identify strategic opportunity areas for infill
development of aging and underutilized areas and increased investment in order to accommodate future
growth. This strategy makes efficient use of existing and planned infrastructure, revitalizes communities,
and maintains or improves quality of life. Strategic areas are primarily identified as those with potential
for transit -oriented development, existing and emerging centers, and small mixed-use areas.
Develop "Complete Communities": Create mixed-use districts or "complete communities" in strategic
growth areas through a concentration of activities with housing, employment, and a mix of retail and
services, located in close proximity to each other. Focusing a mix of land uses in strategic growth areas
creates complete communities wherein most daily needs can be met within a short distance of home,
providing residents with the opportunity to patronize their local area and run daily errands by walking or
cycling rather traveling by automobile.
Plan for additional housing and jobs near transit: Pedestrian -friendly environments and more compact
development patterns in close proximity to transit serve to support and improve transit use and ridership.
Focusing housing and employment growth in transit -accessible locations through this transit -oriented
development approach will serve to reduce auto use and support more multi -modal travel behavior.
Plan for changing demand in types of housing: Shifts in the labor force, as the large cohort of aging
"baby boomers" retires over the next 15 years and is replaced by new immigrants and "echo boomers,"
will likely induce a demand shift in the housing market for additional development types such as multi-
family and infill housing in central locations, appealing to the needs and lifestyles of these large
populations.
Continue to protect stable, existing single-family areas: Continue to protect stable existing single-family
neighborhoods as future growth and a more diverse housing stock are accommodated in infill locations
near transit stations, in nodes along corridors and in existing centers. Concurrently, focusing growth in
central areas and maintaining less development in outlying areas preserves the housing option for large -
lot single-family homes, while reducing the number of long trips and vehicle miles traveled to employment
centers.
SCAG High Quality Transit Areas
The 2016-2040 RTP/SCS identifies High Quality Transit Areas (HQTA), which is a walkable transit area
or corridor that is within a half mile of a transit stop or a transit corridor with 15 -minute or less service
frequency during peak commute hours. The proposed Specific Plan area is within an HQTA identified by
the RTP/SCS. The overall land use pattern of the 2016-2040 RTP/SCS focuses jobs and housing in the
region's designated HQTAs. Separate goals, policies, or guidelines have not been adopted for the HQTAs;
therefore, a project's consistency with the HQTA is obtained by achieving consistency with the applicable
2016-2040 RTP/SCS policies.
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Orange County Council of Governments and Orange County Transportation Authority
Orange County Sustainable Communities Strategy
Unique to the SCAG region is the option for subregions to create their own SCS. The Orange County
Council of Governments and Orange County Transportation Authority adopted an SCS for the Orange
County subregion—of which the City of Tustin is a member jurisdiction—on June 14, 2011. The Orange
County SCS includes the following strategies that are relevant to the proposed Specific Plan that include:
Strategy A: Support transit -oriented development
Strategy B: Support infill housing development and redevelopment
Strategy C: Support mixed-use development and thereby improve walkabilty of communities
Strategy D: Increase regional accessibility in order to reduce vehicle miles traveled
Strategy E: Improve jobs to housing ratio
Strategy F: Promote land use patterns that encourage the use of alternatives to single -occupant
automobile use.
Strategy G: Support retention and/or development of affordable housing
City of Tustin
General Plan and Zoning Ordinance
The City's General Plan is its comprehensive, long-range plan for future growth and development. As
mandated by state law, the General Plan identifies goals and policies for a number of specific topics;
Tustin's General Plan organizes these topics into seven elements: land use, housing, circulation,
conservation/open space/recreation, public safety, noise, and growth management. The majority of the
Specific Plan area is currently designated with the land uses PCCB (Planned Community
Commercial/Business) and OTC (Old Town Commercial), as adopted in the 2013 Tustin General Plan. The
remainder of the Specific Plan area includes the land use designations MHP (Mobile Home Park), PO
(Professional Office), CC (Community Commercial), I (Industrial), and PI (Public and Institutional). The
existing land uses are shown in Figure 3-3, Existing Land Use Plan, and a description of the existing land
use categories is provided in Table 3-1, Existing Land Use Categories.
The Specific Plan area currently has the following zoning designations: SPI 0 (First Street Specific Plan), PI
(Public and Institutional), C2 (Central Commercial), C1 (Retail Commercial), CG (General Commercial), PC
COM (Planned Community Commercial), PM (Planned Industrial), MHP (Mobile Home Park), PC RES
(Planned Community Residential), and PR (Professional). Figure 3-4, Existing Zoning Map, depicts the
existing zoning designations.
Existing Overlay Districts
First Street Specific Plan
The First Street Specific Plan is located within the Specific Plan area. The First Street Specific Plan was
adopted in November 2012. The primary intent of the First Street Specific Plan is to continue commercial
retail, service, and office uses, including some commercial mixed use projects. Implementation of the project
would include a rescission of the First Street Specific Plan, and replacement of its regulations with those of
the proposed DCC Specific Plan.
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Cultural Resources District
Residential Design Guidelines. The Cultural Resources District (CRD) Residential Design Guidelines apply to
new residential projects or modifications to existing historical residential homes in the CRD. There are some
designated cultural resources located outside the CRD but within the Specific Plan boundaries for which
these design guidelines would be applicable.
Commercial Design Guidelines. Similar to the CRD Residential Design Guidelines, the CRD Commercial
Design Guidelines apply to new commercial projects or modifications to existing historical commercial
buildings. There are some designated cultural resources located outside the CRD but within the Specific
Plan boundaries for which these design guidelines would be applicable.
Parking Overly District
The City of Tustin has established parking code requirements for off-street parking as well as a Parking
Overlay District that allows the City to offer modifications of certain off-street parking requirements under
certain circumstances. The boundaries of the Parking Overlay District are shown in Figure 3-6: Parking
Overlay District.
5.5.3 ENVIRONMENTAL SETTING
The Specific Plan area is located north east of Interstate 5 (1-5) and State Route (SR) 55. This area includes
approximately 220 acres, which is 3 percent of the City of Tustin. The downtown Tustin area has been long
urbanized. Currently, the Specific Plan area includes diverse uses and spaces, ranging from a quaint "Old
Town" to auto -oriented boulevards and historic adjacent neighborhoods. The existing land uses are
generally categorized as: general commercial (80 percent), housing (5 percent), parks and open space (5
percent), and underutilized uses (10 percent). Existing land uses within the Specific Plan area include:
• Retail and commercial. Predominantly located along First Street, Newport Avenue, and EI Camino
Real, these uses include over 1.3 million square feet of space.
• Office. Approximately 680,000 square feet of office space is interspersed through the Specific
Plan area.
• Industrial. Limited light industrial uses are located on Sixth Street, west of EI Camino Real.
• Public and institutional. The Specific Plan area contains numerous local civic and cultural institutions,
clustered north of Main Street between Prospect Avenue and Centennial Way, and between B and
C Streets south of Peppertree Park.
• Residential. In addition to limited single-family residential homes, the only residential area that
exists within the Specific Plan area is a mobile home park and a live/work development along
Prospect Avenue. In addition, a multi -family residential community is under construction on the west
side of B Street.
• Parks and open space. The only existing park in the Specific Plan area is the 4.5 -acre Peppertree
Park. Other open spaces within the Specific Plan area include a small pocket park along the west
side of EI Camino Real between Main and Sixth streets, and a private green parcel (lawn) on the
northwest corner of Stevens Square (Main Street and B Street).
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Downtown Commercial Core Specific Plan 5.5 Land Use and Planning
• Vacant and underutilized parcels. Vacant and underutilized lands make up 10 percent of the
available developable area within the Specific Plan area.
5.5.4 THRESHOLDS OF SIGNIFICANCE
According to Appendix G of the CEQA Guidelines, a project could have a significant effect on the
environment if the project would:
LU -1 Physically divide an established community.
LU -2 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.
LU -3 Conflict with any applicable habitat conservation plan or natural community conservation plan.
The Initial Study, included as Appendix A, established that the project would result in no impact related to
Thresholds LU -1 and LU -3; no further assessment of these impacts is required in this EIR.
5.5.5 METHODOLOGY
The evaluation of impacts to land use and planning is based on a comparison of the proposed Specific
Plan and the applicable plans, policies, and regulations to determine if implementation of the project
would conflict with a plan, policy, or regulation related to environmental effects.
5.5.6 ENVIRONMENTAL IMPACTS
IMPACT LU -1: CONFLICT WITH ANY APPLICABLE LAND USE PLAN, POLICY, OR REGULATION OF AN
AGENCY WITH JURISDICTION OVER THE PROJECT ADOPTED FOR THE PURPOSE OF
AVOIDING OR MITIGATING AN ENVIRONMENTAL EFFECT [THRESHOLD LU -2].
No Impact. The analysis below, evaluates the consistency of the proposed Specific Plan with existing
regional and City plans and policies. As described in detail below, the proposed Specific Plan would be
consistent with applicable regional and local goals and policies that are intended to avoid or mitigate
adverse environmental effects. Thus, impacts related to conflict with these plans, policies, and regulations
would not occur.
SCAG Regional Transportation Plan/Sustainable Communities Strategy
Table 5.5-1, Consistency with SCAG Regional Transportation Plan/Sustainable Communities Strategy, lists the
policies from SCAG's 2016 RTP/SCS that are relevant to the proposed Specific Plan. SCAG policies focus
largely on implementing transit oriented development and increasing the use of regional transit,
encouraging development patterns and densities that reduce infrastructure costs, and providing affordable
and a variety of housing types.
The proposed Specific Plan would implement many of the SCAG policies related to high-density, infill
development, and improvement of the job/housing balance that is centered around public transit
opportunities. The proposed Specific Plan would involve providing for infill development in an already
developed urban area in the City of Tustin that would make use of the existing circulation and utility
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Downtown Commercial Core Specific Plan
5.5 Land Use and Planning
infrastructure. The proposed Specific Plan would introduce higher -density residential uses, and create a
mixed-use environment in which residents would benefit from nearby shopping and employment
opportunities. Thus, the Specific Plan would be consistent with SCAG goals to provide infill residential and
mixed-use development and increase the availability of transit -oriented development. In addition, SCAG
policies include use of green building measures, such as water efficiency, Low Impact Development, and
renewable energy sources that would be implemented by the proposed Specific Plan's Project Design
Features (listed in Section 3.0, Project Description). Overall, the proposed Specific Plan would be consistent
with SCAG's 2016 RTP/SCS policies. Therefore, implementation of the Specific Plan would not result in
conflict with SCAG policies, and impacts would not occur.
Table 5.5-1: Consistency with SCAG Regional Transportation Plan/Sustainable Communities Strategy
RTP Goal
Specific Plan Consistency with Goal
1. Align the plan investments and policies with improving
Consistent. The proposed Specific Plan aligns economic
regional economic development and competitiveness.
development with transit availability by focusing revitalization
efforts in the downtown area, which is currently served by
transit. Proposed land uses in the Specific Plan are provided
to enhance Tustin's economic competitiveness by contributing
to the balancing of the jobs -housing ratio.
2. Maximize mobility and accessibility for all people and
Consistent. The proposed Specific Plan provides
goods in the region.
improvements to pedestrian, bicycle, and transit facilities, and
emphasizes access to transit. In addition, the proposed
Specific Plan would provide retail and commercial uses that
would increase the accessibility of goods in the Specific Plan
area.
3. Ensure travel safety and reliability for all people and
Consistent. The proposed Specific Plan does not involve
goods in the region.
regional travel improvements, but does provide street
improvements, and additional pedestrian and bicycle facilities
that are designed to provide a safe onsite circulation system
(as detailed in Section 5.8, Traffic and Circulation) that
provides for reliable safe travel to, from, and within the
Specific Plan area.
A. Preserve and ensure a sustainable regional
Consistent. As described above, the proposed Specific Plan
transportation system.
does not involve regional travel improvements, but does
provide improvements to pedestrian and bicycle facilities
within the Specific Plan area.
5. Maximize the productivity of our transportation system.
Consistent. The proposed Specific Plan would maximize the
productivity of the local transportation system by increasing
options for non -motorized transportation, such as walking and
bicycling.
6. Protect the environment and health of our residents by
Consistent. The proposed Specific Plan would increase
improving air quality and encouraging active
options for non -motorized transportation, such as walking and
transportation (e.g., bicycling and walking).
bicycling.
7. Actively encourage and create incentives for energy
Consistent. As described in Section 3.0, Project Description,
efficiency, where possible.
the proposed Specific Plan includes project design features
that promote energy efficiency and sustainability.
8. Encourage land use and growth patterns that facilitate
Consistent. The proposed Specific Plan provides for housing
transit and active transportation.
near existing transit, would implement pedestrian and
bicycling facilities.
RTP Land Use Policy
Specific Plan Consistency with Policy
Identify regional strategic areas for infill and investment
Consistent. The proposed Specific Plan has identified that the
downtown Tustin area would provide for infill mixed -land uses
in proximity to transit and freeways for infill and investment.
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Develop "Complete Communities"
Consistent. The proposed Specific Plan provides for
development of a complete community, with housing,
employment, and a mix of retail and services, located in close
proximity to each other.
Plan for additional housing and jobs near transit
Consistent. The proposed Specific Plan provides for
additional housing and jobs near existing transit.
Plan for changing demand in types of housing
Consistent. The proposed Specific Plan provides for
development of a range of housing types, including housing
within mixed-use developments, and higher density housing in
the downtown area.
Continue to protect stable, existing single-family areas
Consistent. The proposed Specific Plan does not propose any
changes to existing single-family areas.
SCAG High Quality TransitAreas
As described above, the Specific Plan area is identified as a HQTA in the RTP/SCS. An HQTA is a
walkable transit village or corridor that is within one -half -mile of a well -serviced transit corridor. The
purpose of identifying these areas is to balance employment, housing, and services on a regional level to
reduce vehicle miles traveled, reduce air pollutant emissions, enhance livability, expand prosperity, and
increase sustainability in the SCAG region.
The proposed Specific Plan is consistent with the HQTA designation because it encourages an enhanced
mix of uses, including high density residential uses and employment -generating non-residential land uses, in
the vicinity of a transit corridor with bicycle and pedestrian facilities. The proposed Specific Plan would
increase the number of housing units near job opportunities, and thereby reducing vehicle miles traveled by
commuters. Thus, impacts related to conflict with the SCAG RTP/SCS designation of a HQTA would not
occur from implementation of the proposed Specific Plan.
Orange County Sustainable Communities Strategy
Table 5.5-2, Consistency with Orange County Sustainable Communities Strategy, lists the policies from the
Orange County Sustainable Communities Strategy that are relevant to the proposed Specific Plan. These
policies focus largely on implementing transit oriented development and increasing the use of transit,
improving the jobs -to -housing ratio, and providing affordable housing.
The proposed Specific Plan would implement many of the Orange County Sustainable Communities
Strategy policies related to infill development, mixed-use developments, and improvement of the
job/housing balance. The proposed Specific Plan would involve providing for infill development in an area
with transit, and housing that would improve the jobs -to -housing balance (as detailed in Section 5.7,
Population and Housing). Thus, proposed Specific Plan would be consistent with Orange County Sustainable
Communities Strategy policies, as detailed in Table 5.5-2, and therefore, implementation of the Specific
Plan would not result in conflict with Orange County Sustainable Communities Strategy policies, and
impacts would not occur.
Table 5.5-2: Consistency with Orange County Sustainable Communities Strategy
OC SCS Policy Specific Plan Consistency with Policy
Strategy A: Support transit -oriented development Consistent. The proposed Specific Plan would provide for
infill mixed -land uses in proximity to transit and freeways.
Strategy B: Support infill housing development and Consistent. The proposed Specific Plan provides for infill
redevelopment housing development and redevelopment of the downtown
area.
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City of Tustin General Plan
Table 5.5-3, Consistency with City of Tustin General Plan Policies, lists the policies from the City of Tustin
General that are relevant to the proposed Specific Plan. The General Plan policies focus largely on
orderly infill development, facilitation of mixed -uses, improvement of aesthetics, and prevention of land
use consistency conflicts.
California law (Government Code §65450-§65453) allows cities to develop and administer Specific Plans
as an implementation tool for their General Plan. As a requirement of state law, Specific Plans must
demonstrate consistency in regulations, guidelines and programs with the goals, objectives, policies,
standards, programs and uses that are established in the General Plan. The proposed Specific Plan would
implement General Plan policies related to infill development, providing a supply of non-residential
development area within the City, provision of housing for employees, and increasing use of alternative
methods of circulation. The proposed Specific Plan provides for infill development that would make use of
the existing circulation and utility infrastructure and provide mixed-use and higher density housing
opportunities that provide affordability. Appendix A of the DCCSP addresses the consistency of the
DCCSP with the relevant City's General Plan and said analysis is incorporated by reference into this EIR. As
shown, the proposed Specific Plan would be consistent with the City's General Plan. Therefore,
implementation of the Specific Plan would not result in conflict with the City's General Plan, and impacts
would not occur.
City of Tustin Zoning Code
Upon adoption of the proposed Specific Plan, the development regulations and design criteria within the
Specific Plan would apply to the project area, and would establish the applicable zoning regulations and
development standards. The Specific Plan would become the main land use implementation tool for the
project area. In the event of any conflict between the requirements of the zoning code and the standards
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Strategy C: Support mixed-use development and thereby
Consistent. The proposed Specific Plan would implement
improve walkability of communities
mixed-use developments and pedestrian and bicycling
facilities; thereby improving the walkability of communities.
Strategy D: Increase regional accessibility in order to reduce
Consistent. The proposed Specific Plan does not increase
vehicle miles traveled
regional accessibility to the Specific Plan area, but does
reduce vehicle miles traveled by providing housing near job
opportunities, and pedestrian and bicycling facilities to
facilitate non -vehicular travel.
Strategy E: Improve jobs to housing ratio
Consistent. The proposed Specific Plan would provide
housing in the jobs -rich area that would improve the jobs -to -
housing balance, as detailed in Section 5.7, Population and
Housing.
Strategy F: Promote land use patterns that encourage the use
Consistent. The proposed Specific Plan provides housing near
of alternatives to single -occupant automobile use.
job opportunities, and pedestrian and bicycling facilities to
facilitate non -vehicular or non- single -occupant automobile
travel.
Strategy G: Support retention and/or development of
Consistent. The proposed Specific Plan would develop
affordable housing
housing within mixed-use developments and provide for
higher density housing within the downtown area, which would
support affordable housing.
City of Tustin General Plan
Table 5.5-3, Consistency with City of Tustin General Plan Policies, lists the policies from the City of Tustin
General that are relevant to the proposed Specific Plan. The General Plan policies focus largely on
orderly infill development, facilitation of mixed -uses, improvement of aesthetics, and prevention of land
use consistency conflicts.
California law (Government Code §65450-§65453) allows cities to develop and administer Specific Plans
as an implementation tool for their General Plan. As a requirement of state law, Specific Plans must
demonstrate consistency in regulations, guidelines and programs with the goals, objectives, policies,
standards, programs and uses that are established in the General Plan. The proposed Specific Plan would
implement General Plan policies related to infill development, providing a supply of non-residential
development area within the City, provision of housing for employees, and increasing use of alternative
methods of circulation. The proposed Specific Plan provides for infill development that would make use of
the existing circulation and utility infrastructure and provide mixed-use and higher density housing
opportunities that provide affordability. Appendix A of the DCCSP addresses the consistency of the
DCCSP with the relevant City's General Plan and said analysis is incorporated by reference into this EIR. As
shown, the proposed Specific Plan would be consistent with the City's General Plan. Therefore,
implementation of the Specific Plan would not result in conflict with the City's General Plan, and impacts
would not occur.
City of Tustin Zoning Code
Upon adoption of the proposed Specific Plan, the development regulations and design criteria within the
Specific Plan would apply to the project area, and would establish the applicable zoning regulations and
development standards. The Specific Plan would become the main land use implementation tool for the
project area. In the event of any conflict between the requirements of the zoning code and the standards
City of Tustin 5.5-8
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.5 Land Use and Planning
contained within the adopted Specific Plan, the requirements of the Specific Plan shall govern, and when
the provisions of a Specific Plan are silent on a specific matter, the regulations set forth in the City's Zoning
Code shall apply. As such, the proposed Specific Plan would not result in conflicts with the City of Tustin
zoning code, and impacts would be less than significant.
First Street Specific Plan
As described above, the First Street Specific Plan area is located within the Specific Plan area, and
implementation of the project would include a rescission of this specific plan. The proposed Specific Plan
would implement similar commercial retail, service, office, and mixed-use projects, as was intended by the
First Street Specific Plan; and the proposed Specific Plan would not conflict with any provisions of the First
Street Specific Plan that avoid or mitigate an environmental effect. Thus, impacts related to rescission of
the First Street Specific Plan and implementation of the proposed Specific Plan would not occur.
Cultural Resources District Residential and Commercial Design Guidelines
The CRD Residential Design Guidelines and CRD Commercial Design Guidelines guide new developments
near cultural resources or modifications to existing historic buildings. As further described in Sections 5.1,
Aesthetics and 5.3, Cultural Resources, these guidelines would be implemented with all new development, as
applicable, and to any historical building in the CRD located within the Specific Plan area. As such, the
proposed Specific Plan would not result in conflicts with the CRD Design Guidelines, and impacts would be
less than significant.
5.5.7 CUMULATIVE IMPACTS
No Impact. The geographic context for this cumulative analysis includes the City of Tustin in relation to the
City's General Plan. Cumulative development would result in intensity increases to existing land use
patterns through implementation of mixed-use, infill and redevelopment. Cumulative development would
also be subject to site-specific environmental and planning reviews that would address consistency with
adopted General Plan goals, objectives, and policies, as well as with the City's Zoning Code. As part of
environmental review, projects would be required to provide mitigation for any inconsistencies with the
General Plan and environmental policies that would result in adverse physical environmental effects. The
cumulative projects as a whole, would result in a more intensely developed built environment than currently
exists, and would be required to be consistent with local General Plan policies.
While cumulative projects could include General Plan amendments and/or zone changes, modifications to
existing land uses that require such amendments do not necessarily represent an inherent negative effect
on the environment, particularly if the proposed changes involve changes in types and intensity of uses,
rather than eliminating application of policies that were specifically adopted for the purpose of avoiding
or mitigating environmental effects. Determining whether any future project might include such amendments
and determining the cumulative effects of any such amendments would be speculative since it cannot be
known what applications that are not currently filed might request. Thus, it is expected that the land uses of
cumulative projects would be consistent with policies that avoid an environmental effect; therefore,
cumulatively considerable impacts from cumulative projects related to policy consistency would not occur.
City of Tustin 5.5-9
Draft EIR
February2018
Downtown Commercial Core Specific Plan
5.5 Land Use and Planning
5.5.8 EXISTING REGULATIONS, STANDARD CONDITIONS, AND
PLANS, PROGRAMS, OR POLICIES
Existing Regulations
• City of Tustin General Plan Land Use Element
• City of Tustin City Code
• City of Tustin Cultural Resources District Commercial Design Guidelines
• City of Tustin Cultural Resources District Residential Design Guidelines
Plans, Program and Policies (PPPs) and Standard Conditions
None.
5.5.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
No Impact. Upon implementation of regulatory requirements, Impact LU -2 impacts would not occur.
5.5.10 MITIGATION MEASURES
No mitigation measures are required.
5.5.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
No Impact. No adverse impacts related to land use and planning have been identified.
REFERENCES
Tustin, City of. 2012a, Cultural Resources District Residential Design Guidelines. City of Tustin, California.
Tustin, City of. 2012b, First Street Specific Plan. City of Tustin, California.
Tustin, City of. 2013, City of Tustin General Plan. City of Tustin, California.
Tustin, City of. 2014, Cultural Resources District Commercial Design Guidelines. City of Tustin, California.
Tustin City Code. Assessed at:
https://Iibrary.municode.com/ca/tustin/codes/code of ordinances?nodeld=11307
City of Tustin 5.5-10
Draft EIR
February 2018
5.6 Noise
5.6.1 INTRODUCTION
This EIR section evaluates the noise impacts that would result from development occurring pursuant to the
proposed Specific Plan. It discusses the existing noise environment within and around the planning area, as
well as the regulatory framework for regulation of noise. It also analyzes the effect of the development
that would be permitted by the Specific Plan on the existing ambient noise environment during construction,
demolition, and operational activities, and evaluates the Specific Plan's noise effects for consistency with
relevant local agency noise policies and regulations. The analysis in this section also addresses impacts in
relation to groundborne vibration. The technical noise and vibration analyses was prepared by Urban
Crossroads (Urban Crossroads 2017), which is provided as Appendix D.
Noise and Vibration Terminology
Various noise descriptors are utilized in this EIR analysis, and are summarized as follows:
dB: Decibel, the standard unit of measurement for sound pressure level.
dBA: A -weighted decibel, an overall frequency -weighted sound level in decibels that approximates the
frequency response of the human ear.
Leq: The equivalent sound level, which is used to describe noise over a specified period of time, typically
1 hour, in terms of a single numerical value. The Leq of a time -varying signal and that of a steady signal
are the same if they deliver the same acoustic energy over a given time. The Leq may also be referred to
as the average sound level.
Lmax: The instantaneous maximum noise level experienced during a given period of time.
Lmin: The instantaneous minimum noise level experienced during a given period of time.
Lx: The sound level that is equaled or exceeded "x" percent of a specified time period. The "x" thus
represents the percentage of time a noise level is exceeded. For instance, L50 and L90 represents the
noise levels that are exceeded 50 percent and 90 percent of the time, respectively.
Ldn: Also termed the "day -night" average noise level (DNL), Ldn is a measure of the average of A -
weighted sound levels occurring during a 24-hour period, accounting for the greater sensitivity of most
people to nighttime noise by weighting noise levels at night (penalizing" nighttime noises). Noise between
10:00 p.m. and 7:00 a.m. is weighted by adding 10 dBA to take into account the greater annoyance of
nighttime noises.
CNEL: The Community Noise Equivalent Level, which, similar to the Ldn, is the average A -weighted noise
level during a 24-hour day that is obtained after an addition of 5 dBA to measured noise levels between
the hours of 7:00 p.m. to 10:00 p.m. and after an addition of 10 dBA to noise levels between the hours of
10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively.
The "ambient noise level" is the background noise level associated with a given environment at a specified
time, and is usually a composite of sound from many sources from many directions.
Effects of Noise
Noise is generally loud, unpleasant, unexpected, or undesired sound that is typically associated with human
activity that is a nuisance or disruptive. The effects of noise on people can be placed into four general
categories:
City of Tustin 5.6-1
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
• Subjective effects (e.g., dissatisfaction, annoyance)
• Interference effects (e.g., communication, sleep, and learning interference)
• Physiological effects (e.g., startle response)
• Physical effects (e.g., hearing loss)
Although exposure to high noise levels has been demonstrated to cause physical and physiological effects,
the principal human responses to typical environmental noise exposure are related to subjective effects
and interference with activities. Interference effects refer to interruption of daily activities and include
interference with human communication activities, such as normal conversations, watching television,
telephone conversations, and interference with sleep. Sleep interference effects can include both
awakening and arousal to a lesser state of sleep. With regard to the subjective effects, the responses of
individuals to similar noise events are diverse and are influenced by many factors, including the type of
noise, the perceived importance of the noise, the appropriateness of the noise to the setting, the duration
of the noise, the time of day and the type of activity during which the noise occurs, and individual noise
sensitivity.
In general, the more a new noise level exceeds the previously existing ambient noise level, the less
acceptable the new noise level will be by those hearing it. With regard to increases in A -weighted noise
levels, the following relationships generally occur:
• Except in carefully controlled laboratory experiments, a change of 1 dBA cannot be perceived.
• Outside of the laboratory, a 3-dBA change in noise levels is considered to be a barely
perceivable difference.
• A change in noise levels of 5 dBA is considered to be a readily perceivable difference.
• A change in noise levels of 10 dBA is subjectively heard as doubling of the perceived loudness.
Noise Attenuation
Stationary point sources of noise, including mobile sources such as idling vehicles, attenuate (lessen) at a
rate of 6 dBA per doubling of distance from the source over hard surfaces to 7.5 dBA per doubling of
distance from the source over hard surfaces, depending on the topography of the area and environmental
conditions (e.g., atmospheric conditions, noise barriers [either vegetative or manufactured]). Thus, a noise
measured at 90 dBA 50 feet from the source would attenuate to about 84 dBA at 100 feet, 78 dBA at
200 feet, 72 dBA at 400 feet, and so forth. Widely distributed noise, such as a large industrial facility
spread over many acres or a street with moving vehicles, would typically attenuate at a lower rate,
approximately 4 to 6 dBA per doubling of distance from the source.
Hard sites are those with a reflective surface between the source and the receiver, such as asphalt or
concrete surfaces or smooth bodies of water. No excess ground attenuation is assumed for hard sites and
the changes in noise levels with distance (drop-off rate) is simply the geometric spreading of the noise from
the source. Soft sites have an absorptive ground surface such as soft dirt, grass, or scattered bushes and
trees. In addition to geometric spreading, an excess ground attenuation value of 1.5 dBA (per doubling
distance) is normally assumed for soft sites. Line sources (such as traffic noise from vehicles) attenuate at a
rate between 3 dBA for hard sites and 4.5 dBA for soft sites for each doubling of distance from the
reference measurement.
Fundamentals of Vibration
Vibration is energy transmitted in waves through the ground or man-made structures. These energy waves
generally dissipate with distance from the vibration source. There are several different methods that are
used to quantify vibration. The peak particle velocity (PPV) is defined as the maximum instantaneous peak
City of Tustin 5.6-2
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
of the vibration signal. The PPV is most frequently used to describe vibration impacts to buildings, but is not
always suitable for evaluating human response (annoyance) because it takes some time for the human
body to respond to vibration signals. Instead, the human body responds to average vibration amplitude
often described as the root mean square (RMS). The RMS amplitude is defined as the average of the
squared amplitude of the signal, and is most frequently used to describe the effect of vibration on the
human body. Decibel notation (VdB) is commonly used to measure RMS. VdB serves to reduce the range
of numbers used to describe human response to vibration. Typically, ground -borne vibration generated by
man-made activities attenuates rapidly with distance from the source of the vibration. Sensitive receivers
for vibration include structures (especially older masonry structures), people (especially residents, the
elderly, and sick), and vibration -sensitive equipment.
The background vibration -velocity level in residential areas is generally 50 VdB. Ground -borne vibration
is normally perceptible to humans at approximately 65 VdB. For most people, a vibration -velocity level
of 75 VdB is the approximate dividing line between barely perceptible and distinctly perceptible levels.
Typical outdoor sources of perceptible ground -borne vibration are construction equipment, steel -wheeled
trains, and traffic on rough roads. If a roadway is smooth, the ground -borne vibration is rarely
perceptible. The range of interest is from approximately 50 VdB, which is the typical background
vibration -velocity level, to 100 VdB, which is the general threshold where minor damage can occur in
fragile buildings.
5.6.2 REGULATORY SETTING
Caltrans
According to the Caltrans Transportation and Construction Vibration Guidance Manual, vibration from
large bulldozers, and loaded trucks can produce vibration which can potentially cause annoyance at
sensitive land uses, or damage to adjacent structures. Caltrans has developed a screening tool to
determine of vibration is substantial enough to result in building damage or human annoyance, which are
listed in Table 5.6-1, Vibration Standards.
Table 5.6-1: Vibration Standards
Human Annoyance
Peak Particle Velocity
Barely Perceptible
for
Caltrans Guidelines
0.04
Strongly Perceptible
Continuous Sources
Severe
(PPV) (in/sec)
Building Damage
September 2013, Tables 19 & 20.
Extremely Fragile Historic Buildings
0.08
Fragile Buildings
0.10
Historic Buildings
0.25
Older Residential Structures
0.30
New Residential Structures
0.50
Modern Industrial/Commercial
0.50
Buildings
Human Annoyance
Barely Perceptible
0.01
Distinctly Perceptible
0.04
Strongly Perceptible
0.10
Severe
0.40
Source: Caltrans Transportation and Construction Vibration Guidance Manual,
September 2013, Tables 19 & 20.
City of Tustin 5.6-3
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Title 24, California Building Code
State regulations related to noise include requirements for the construction of new hotels, motels, apartment
houses, and dwellings other than detached single-family dwellings that are intended to limit the extent of
noise transmitted into habitable spaces. These requirements are collectively known as the California Noise
Insulation Standards and are found in California Code of Regulations, Title 24 (known as the Building
Standards Administrative Code), Part 2 (known as the California Building Code), Appendix Chapters 12
and 12A. For limiting noise transmitted between adjacent dwelling units, the noise insulation standards
specify the extent to which walls, doors, and floor ceiling assemblies must block or absorb sound. For
limiting noise from exterior sources, the noise insulation standards set forth an interior standard of DNL 45
dBA in any habitable room and, where such units are proposed in areas subject to noise levels greater
than DNL 60 dBA require an acoustical analysis demonstrating how dwelling units have been designed to
meet this interior standard. If the interior noise level depends upon windows being closed, the design for
the structure must also specify a ventilation or air conditioning system to provide a habitable interior
environment. Title 24 standards are enforced through the building permit application process in the City.
City of Tustin General Plan Noise Element
The City's Noise Element includes polices related to excessive noise levels. The policies related to the
proposed Specific Plan are listed below:
Policy 2.4: Review proposed projects in terms of compatibility with nearby noise -sensitive land uses with
the intent of reducing noise impacts.
Policy 2.5: Require new residential developments located in proximity to existing commercial/industrial
operations to control residential interior noise levels as a condition of approval.
Policy 2.6: Requires that commercial uses developed as part of a mixed-use project (with residential) not
be noise intensive. Design mixed-use structures to prevent transfer of noise from the
commercial to residential use.
Policy 2.7: Require new commercial/industrial operations located in proximity to existing or proposed
residential areas to incorporate noise mitigation into project design.
Policy 3.2: Minimize the impacts of construction noise on adjacent land uses through limiting the permitted
hours of activity.
The City's Noise Element identifies noise -sensitive land uses, noise sources, and areas of potential noise
impacts. The General Plan noise criteria identified in Table 5.6-2, Noise Level Exposure and Land Use
Compatibility Guidelines, are guidelines to evaluate the land use compatibility related to noise. As shown,
residential uses are normally incompatible in areas where the CNEL is above 65 dBA. In addition, the City
has established exterior noise level standards (Table N-3 of General Plan Noise Element), which are listed
in Table 5.6-3, Exterior Noise Standards.
City of Tustin City Code
Article 4, Chapter 6 Noise Control, Sections 4613 and 4614
The Tustin City Code (TCC) provides noise level standards that apply for a cumulative period of 30
minutes in any hour. As shown, the exterior noise levels for residential areas is 55 dBA L5o during daytime
hours (7:00 a.m. to 10:00 p.m.) and 50 dBA 1_50 during the nighttime hours (10:00 p.m. to 7:00 a.m.); and
the exterior noise level limit in mixed-use areas is 60 dBA 1_50•
City of Tustin 5.6-4
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Table 5.6-2: Noise Level Exposure and Land Use Compatibility Guidelines
LAND USE CATEGORIES
COMMUNITY NOISE EQUIVALENT LEVEL
Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal
CNEL
CATEGORIES
USES
<55 60 65 70 75 80>
RESIDENTIAL
Single Family, Duplex, Multiple Family
A
A
B
C
C
D
D
RESIDENTIAL
Mobile Home
A
A
B
C
C
D
D
COMMERCIAL
Hotel, Motel, Transient Lodging
Regional, District
A
b
B
C
C
L)
COMMERCIAL
Commercial Retail, Bank, Restaurant,
Regional, Village
Movie Theater
A
A
A
A
B
B
C
District, Special
COMMERCIAL
Office Building, Research and Develop -
INDUSTRIAL
ment, Professional Offices, City Office
A
A
A
B
B
I
Building
INSTITUTIONAL
COMMERCIAL
Amphitheater, Concert Hall
Recreation
B
B
C
C
D
D
D
INSTITUTIONAL
Auditorium, Meeting Hall
Civic Center
COMMERCIAL
Children's Amusement Park, Miniature
Recreation
Golf Course, Go-cart Track, Equestrian
A
A
A
B
B
D
D
Center, Sports Club
COMMERCIAL
Automobile Service Station, Auto
General, Special
Dealership, Manufacturing,
A
A
A
A
b
B
b
Warehousing, Wholesale, Utilities
INDUSTRIAL, INSTITUTIONAL
INSTITUTIONAL
Hospital, Church, Library, Schools'
General
Classroom
A
A
B
C
C
D
D
OPEN SPACE
Parks
A
A
A
B
C
D
D
OPEN SPACE
Golf Course, Cemeteries, Nature Centers
A
A
A
A
B
C
C
Wildlife Reserves, Wildlife Habitat
AGRICULTURE
Agriculture
A
A
A
A
A
A
A
INTERPRETATION
ZONE A
Specified land use is satisfactory, based upon the assumption that any buildings involved are of normal
CLEARLY COMPATIBLE
conventional construction without any special noise insulation requirements.
ZONE B
New construction or development should be undertaken only after detailed analysis of the noise reduction
NORMALLY COMPATIBLE
requirements are made and needed noise insulation features in the design are determined. Conventional
construction, with closed windows and fresh air supply systems or air conditioning, will normally suffice.
ZONE C
New construction or development should generally be discouraged. If new construction or development
NORMALLY INCOMPATIBLE
does proceed, a detailed analysis of noise reduction requirements must be made and needed noise
insulation features included in the design
ZONE D
New construction or development should generally not be undertaken.
CLEARLY INCOMPATIBLE
City of Tustin 5.6-5
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Table 5.6-3: Exterior Noise Standards
NOTES
1. CNEL: Community Noise Equivalent Level.
Leq(12): The A -weighted equivalent sound level averaged over a 12 -hour period (usually the
hours of operation).
2. Noise standard with windows closed. Mechanical ventilation shall be provided per UBC
requirements to provide a habitable environment.
3. Indoor environment excluding bathrooms, toilets, closets and corridors.
4. Outdoor environment limited to rear yard of single family homes, multifamily patios and
balconies (with a depth of 6' or more) and common recreation areas.
5. Outdoor environment limited to playground areas, picnic areas, and other areas of frequent
human use.
City of Tustin 5.6-6
Draft EIR
February 2018
Noise Standards'
Land Use
lnterior23
Exterior
Residential - Single family, multifamily, du-
CNEL 45 dB
CNEL 65 dB4
plex, mobile home
Residential - Transient lodging, hotels, motels,
CNEL 45 dB
CNEL 65 dB4
nursing homes, hospitals
Private offices, church sanctuaries, libraries,
board rooms, conference rooms, theaters,
Leq(12) 45 dB(A)
-
auditoriums, concert halls, meeting halls, etc.
Schools
Leq(12) 45 dB(A)
Leq(12) 67 dB(A)5
General offices, reception, clerical, etc.
Leq(12) 50 dB(A)
-
Bank lobby, retail store, restaurant, typing
Leq(12) 55 dB(A)
-
pool, etc.
Manufacturing, kitchen, warehousing, etc.
Leq(12) 65 dB(A)
-
Parks, playgrounds
-
CNEL 65 dB5
Golf courses, outdoor spectator sports, amuse-
_
CNEL 70 dB5
ment parks
NOTES
1. CNEL: Community Noise Equivalent Level.
Leq(12): The A -weighted equivalent sound level averaged over a 12 -hour period (usually the
hours of operation).
2. Noise standard with windows closed. Mechanical ventilation shall be provided per UBC
requirements to provide a habitable environment.
3. Indoor environment excluding bathrooms, toilets, closets and corridors.
4. Outdoor environment limited to rear yard of single family homes, multifamily patios and
balconies (with a depth of 6' or more) and common recreation areas.
5. Outdoor environment limited to playground areas, picnic areas, and other areas of frequent
human use.
City of Tustin 5.6-6
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
In addition, the TCC has standards that apply to louder noises over shorter periods of time. Table 5.6-4,
Tustin City Code Operational Noise Standards, shows that noise 5 dBA or above the standard is not
allowable for a cumulative period of more than 15 minutes in any hour; noise of 10 dBA above the
standard is not allowable for a cumulative period of more than 5 minutes in any hour; noise of 15 dBA
above the standard is not allowable for a cumulative period of more than 1 minute in any hour; and noise
20 dBA above the standard is not allowable for any period of time. TCC Article 4, Chapter 6, Section
4614(c) includes adjustments to the base exterior noise level limits for cases where ambient noise levels
exceed the noise limits. Table 5.6-4 lists the allowable operational noise levels.
Table 5.6-4: Tustin City Code Operational Noise Standards
Noise
Zone'
Land
Use
Time
Period
Exterior Noise Levels (dBA)3
L50
(30 mins)
L25
(15 mins)
Ls
(5 mins)
L2
(1 min)
Lmax
(Anytime)
1
Residential
Daytime
55
60
65
70
75
Nighttime
50
55
60
65
70
2
Commercial
Any Time
60
65
70
75
80
3
Industrial
Any Time
70
75
80
85
90
4
Speciale
Any Time
1 55
60
65
70
75
5
Mixed -Use
Any Time
60
65
70
75
80
' Source: Sections 4613 & 4614 of the City of Justin City Code
2 Special land uses per the City of Tustin City Code, Section 4613: Hospitals, convalescent homes, public and institutional schools,
libraries, and churches.
3 The percent noise level is the level exceeded "n" percent of the time during the measurement period. L25 is the noise level
exceeded 25% of the time.
Article 4, Chapter 6 Noise Control, Section 4617
The TCC indicates that construction activity is exempted from noise limit standards, as long as construction
activity is limited to the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m.
Saturdays; with no activity allowed on Sundays and Federal holidays. Construction activities may be
permitted outside of those day and time limitations in the case of urgent necessity or upon a finding that
such approval will not adversely impact adjacent properties and the health, safety and welfare of the
community if a temporary exception is granted.
5.6.3 ENVIRONMENTAL SETTING
The ambient noise in the Specific Plan area is dominated by traffic noise from the 1-5 and SR -55 freeways,
and aircraft overflights generally to John Wayne Airport. To assess the existing noise level environment,
eight 24-hour noise level measurements were taken on Thursday, April 1 3th and Friday, April 14th, 2017
at sensitive receiver locations in the Specific Plan area. The receiver locations were selected to describe
and document the existing noise environment. The eight noise measurement locations are described below,
shown in Figure 5.6-1, Noise Measurement Locations, and listed in Table 5.6-5, 24 -Hour Ambient Noise
Level Measurements. In addition, the existing land use compatibility with the existing level of ambient noise
is summarized in Table 5.6-6, Existing Noise Ambient Noise Level and General Plan Land Use Compatibility.
• Location L1 represents the noise levels within DA -1, and is located on Pasadena Avenue near
existing residences and State Route (SR) 55. As shown on Table 5.6-5, the 24-hour exterior noise
level was 73.2 dBA CNEL, which based on the General Plan Noise Element guidelines is normally
incompatible with residential uses. The hourly noise levels measured at location L1 ranged from
City of Tustin 5.6-7
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
67.7 to 69.7 dBA Leq during the daytime hours and from 59.3 to 69.7 dBA Leq during the
nighttime hours.
• Location L2 represents the noise levels at the northern boundary of DA -1 near existing residences
on C Street. As shown on Table 5.6-5, the 24-hour exterior noise level was 61.4 dBA CNEL, which
based on the General Plan Noise Element guidelines, is normally compatible with residential uses.
The hourly noise levels measured at location L2 ranged from 57.3 to 61.5 dBA Leq during the
daytime hours and from 43.8 to 55.9 dBA Leq during the nighttime hours.
• Location L3 represents the noise levels on B Street adjacent to existing residences, Peppertree
Park, and the Tustin Area Senior Center. As shown on Table 5.6-5, the 24-hour exterior noise level
was 65.3 dBA CNEL, which based on the General Plan Noise Element guidelines, is normally
compatible with park uses and normally incompatible with senior center and residential uses. At
location L3 the ambient noise levels ranged from 49.7 to 64.0 dBA Leq during the daytime hours
to levels of 47.2 to 63.3 dBA Leq during the nighttime hours.
• Location L4 represents the noise levels within DA -4 on Prospect Avenue near existing mobile homes
and commercial/office uses. As shown on Table 5.6-5, the 24-hour exterior noise level was 63.7
dBA CNEL, which based on the General Plan Noise Element guidelines, is clearly compatible with
office uses and normally compatible with mobile home park uses. The hourly noise levels measured
at location L4 ranged from 58.4 to 68.1 dBA Leq during the daytime hours and from 45.7 to 57.5
dBA Leq during the nighttime hours.
• Location L5 represents the noise levels on Newport Avenue within DA -3 and across from DA -5 and
near existing commercial uses. As shown on Table 5.6-5, the 24-hour exterior noise level was 74.8
dBA CNEL, which based on the General Plan Noise Element guidelines, is normally compatible with
commercial uses and normally incompatible with residential uses. The hourly noise levels measured
at location L5 ranged from 68.5 to 74.8 dBA Leq during the daytime hours and from 59.1 to 73.1
dBA Leq during the nighttime hours.
• Location L6 represents the noise levels on EI Camino Real within DA -4 near existing commercial
uses south of Main Street. As shown on Table 5.6-5, the 24-hour exterior noise level was 66.9 dBA
CNEL, which based on the General Plan Noise Element guidelines, is normally incompatible with
residential uses and clearly compatible with commercial uses. At location L6 the ambient noise
levels ranged from 61.4 to 65.2 dBA Leq during the daytime hours to levels of 51.6 to 65.0 dBA
Leq during the nighttime hours.
• Location L7 represents the noise levels within DA -6 adjacent to existing industrial uses and
commercial/office uses. As shown on Table 5.6-5, the 24-hour exterior noise level was 67.4 dBA
CNEL, which based on the General Plan Noise Element guidelines, is normally incompatible with
residential uses and, clearly compatible with commercial uses. The hourly noise levels measured at
location L7 ranged from 62.4 to 65.5 dBA Leq during the daytime hours and from 56.1 to 62.1
dBA Leq during the nighttime hours.
• Location L8 represents the noise levels in DA -5 north of the intersection of Newport Avenue and EI
Camino Real, and adjacent to DA -6 near the 1-5 Freeway and existing commercial uses. As shown
on Table 5.6-5, the 24-hour exterior noise level was 66.9 dBA CNEL, which based on the General
Plan Noise Element guidelines, is normally incompatible with residential uses and clearly
compatible with commercial uses. At location L8 the ambient noise levels ranged from 59.6 to 64.2
dBA Leq during the daytime hours to levels of 55.2 to 63.4 dBA Leq during the nighttime hours.
City of Tustin 5.6-8
Draft EIR
February 2018
0 Civic/institutional Downtown Mixed Use ElMulti-Family 13 Development Area (DA)
■ Downtown Commercial Mobile Home Park ■ Old Town i Noise Measurement Locations
Downtown Commercial Core Specific Plan 5.6 Noise
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City of Tustin 5.6-10
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Table 5.6-5: 24 -Hour Ambient Noise Level Measurements
Source: Urban Crossroads, 2017, Appendix D.
Table 5.6-6: Existing Noise Ambient Noise Level and General Plan Land Use Compatibility
Location
DA
Land Use
CNEL
Energy Average
Compatibility
Hourly Noise Level
1
Location
DA
Land Use
Description
(dBA Leq)
CNEL
Daytime
Nighttime
Normally Compatible (Park);
L1
1
Downtown
Located within DA -1 on Pasadena Avenue near existing
68.7
65.7
73.2
Mixed -Use
residences and State Route 55.
Old Town,
Clearly Compatible (Office);
L4
Downtown
Located at the northern boundary of DA -1 and existing
63.7
Normally Compatible
L2
1, 2
(Mobile Home)
59.8
51.6
61.4
Normally Compatible
Mixed -Use
residences on C Street.
[DA -3]
(Commercial)
L5
3,5
Civic
Located on B Street adjacent to existing residences,
[DA -3 & DA -5]
L3
4
Normally Incompatible
61.3
58.0
65.3
(Residential) [DA -3]
Institutional
Peppertree Park, and the Tustin Area Senior Center.
Clearly Compatible
Lb
4
Old Town
Old Town,
Located within DA -4 on Prospect Avenue near existing
L4
4
Mobile
mobile homes and commercial office uses.
63.2
53.0
63.7
L7
6
Home Park
67.4
Normally
Downtown Mixed -Use
Downtown
Located on Newport Avenue within DA -3 and adjacent to
Downtown Mixed -Use
L5
3,5
5,6
[DA -6]
71.6
66.8
74.8
Downtown Commercial
Mixed -Use
DA -5 and existing commercial uses.
[DA -5]
I
I (Residential) [DA -6]
Located on EI Camino Real within DA -4 near existing
Lb
4
Old Town
63.3
59.1
66.9
commercial uses south of Main Street.
Multi -
Family,
Located within DA -6 adjacent to existing mixed -uses and
L7
6
Downtown
commercial/office uses.
63.9
59.4
67.4
Mixed -Use
Downtown
Located within DA -5 and adjacent to DA -6 on EI Camino
L8
5,6
Mixed -Use,
61.9
59.6
66.9
Real near existing commercial uses.
Commercial
Source: Urban Crossroads, 2017, Appendix D.
Table 5.6-6: Existing Noise Ambient Noise Level and General Plan Land Use Compatibility
Location
DA
Land Use
CNEL
General Plan Land Use
Compatibility
L1
1
Downtown Mixed -Use
73.2
Normally Incompatible
L2
1,2
Downtown Mixed -Use
61.4
Normally Compatible
Normally Compatible (Park);
L3
4
Civic/Institutional
65.3
Incompatible
(Senior Center, Residential)
Old Town,
Clearly Compatible (Office);
L4
4
Mobile
63.7
Normally Compatible
Home Park
(Mobile Home)
Downtown Mixed -Use
Normally Compatible
[DA -3]
(Commercial)
L5
3,5
74.8
[DA -3 & DA -5]
Downtown Commercial
Normally Incompatible
[DA -5]
(Residential) [DA -3]
Clearly Compatible
Lb
4
Old Town
66.9
(Commercial)
Normally Incompatible
(Residential)
L7
6
Multi -Family,
67.4
Normally
Downtown Mixed -Use
Incompatible
Downtown Mixed -Use
Clearly Compatible
L8
5,6
[DA -6]
66.9
(Commercial)
Downtown Commercial
Normally Incompatible
[DA -5]
I
I (Residential) [DA -6]
Source: Urban Crossroads, 2017, Appendix D.
City of Tustin 5.6-11
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
In addition, the existing roadway noise from the 32 roadway segments that are closest to the Specific Plan
area and included in the traffic analysis are listed in Table 5.6-7, Existing Roadway Noise Contours, which
were estimated based on the existing traffic volumes, and distance from the center of the roadways.
Table 5.6-7: Existing Roadway Noise Contours
ID
Road
Segment
Adjacent
Land Use
an AUs
Land Use
dBA CNEL
70 65 60
CL to Contour
Distance (Feet)
1
B St.
s/o First St.
Residential
59.3
RW
RW
RW
2
B St.
s/o Main St.
Residential
59.3
RW
RW
RW
3
C St.
s/o First St.
Civic/Institutional
59.4
RW
RW
RW
4
C St.
s/o 2nd St.
Civic/Institutional
59.4
RW
RW
RW
5
C St.
s/o 3rd St.
Civic/Institutional
59.4
RW
RW
RW
b
EI Camino Real
s/o First St.
Commercial
61.2
RW
RW
48
7
EI Camino Real
s/o 2nd St.
Commercial
61.2
RW
RW
48
8
EI Camino Real
s/o 3rd St.
Commercial
61.2
RW
RW
48
9
EI Camino Real
s/o Main St.
Commercial
64.1
RW
RW
75
10
EI Camino Real
n/o Newport Av.
Commercial
64.1
RW
RW
75
11
Prospect Av.
s/o First St.
Commercial
60.9
RW
RW
46
12
Prospect Av.
s/o 2nd St.
Mobile Home Park
60.9
RW
RW
46
13
Prospect Av.
s/o 3rd St.
Mobile Home Park
60.9
RW
RW
46
14
Newport Av.
s/o Irvine BI.
Commercial
70.9
69
149
322
15
Newport Av.
s/o First St.
Commercial
70.9
69
149
322
16
Newport Av.
s/o Main St.
Commercial
70.9
69
149
322
17
Newport Av.
s/o EI Camino Real
Commercial
69.8
RW
126
272
18
Irvine BI.
w/o Yorba St.
Commercial
73.0
79
170
367
19
Irvine BI.
e/o Yorba St.
Commercial
71.8
bb
142
306
20
Irvine BI.
e/o Prospect Av.
Civic/Institutional &
Commercial/Office
72.0
68
146
315
21
First St.
w/o Yorba St.
Commercial
70.8
37
80
173
22
First St.
e/o Yorba St.
Commercial
70.1
33
72
155
23
First St.
w/o Prospect Av.
Commercial
70.1
33
72
155
24
First St.
e/o Prospect Av.
Commercial
69.2
RW
63
135
25
2nd St.
w/o EI Camino Real
Commercial
54.0
RW
RW
RW
26
2nd St.
e/o EI Camino Real
Commercial
54.0
RW
RW
RW
27
3rd St.
w/o EI Camino Real
Commercial
54.5
RW
RW
RW
28
3rd St.
e/o EI Camino Real
Residential &
Commercial/Office
& Vacant
54.5
RW
RW
RW
29
Main St.
w/o B St.
Residential
66.8
RW
43
94
30
Main St.
e/o B St.
Civil/Institutional
& Commercial/Office
66.8
RW
43
94
31
Main St.
e/o EI Camino Real
Commercial
66.6
RW
42
91
32
6th St.
e/o B St.
Residential & Industrial
(demolished)/Permitted
Residential
57.8
RW
RW
RW
Source: Urban Crossroads, 2017, Appendix D.
"RW" = Location of the respective noise contour falls within the right-of-way of the road
Existing Airport Related Nosie
The Specific Plan area is located approximately 4.5 miles northeast of the John Wayne Airport. The John
Wayne Airport Environs Land Use Plan (AELUP) identifies that residential land uses are considered
normally consistent with exterior noise levels approaching 60 dBA CNEL due to aircraft noise. The Specific
Plan area is located outside of the 60 dBA CNEL noise contour boundaries of John Wayne airport.
City of Tustin 5.6-12
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Existing Vibration
Aside from periodic construction work that may occur in the vicinity of the Specific Plan area, other sources
of groundborne vibration include heavy-duty vehicular travel (e.g., refuse trucks and delivery trucks) on
area roadways. Trucks traveling at a distance of 50 feet typically generate groundborne vibration
velocity levels of around 63 VdB (approximately 0.006 in/sec PPV), and could reach 72 VdB
(approximately 0.0 16 in/sec PPV) when trucks pass over bumps in the road (FTA, 2006).
Sensitive Receptors
Sensitive receivers are generally defined as locations where people reside or where the presence of
unwanted sound could otherwise adversely affect the use of the land. Noise -sensitive land uses are
generally considered to include: schools, hospitals, residences, churches, libraries, and recreation areas.
The Specific Plan area is a developed urban environment that includes existing residences. Because the
proposed Specific Plan provides for infill development within the existing developed area, the closest
existing noise sensitive land use is likely to be, at times, immediately adjacent to a new site-specific
development project.
5.6.4 THRESHOLDS OF SIGNIFICANCE
Appendix G of state CEQA Guidelines indicates that a project could have a significant effect if it were to:
N-1 Expose persons to or generate noise levels in excess of standards established in the local
general plan or noise ordinance, or applicable standards of other affected agencies;
N-2 Expose persons to or generate excessive groundborne vibration or groundborne noise levels;
N-3 Result in a substantial permanent increase in ambient noise levels in the project vicinity or above
levels existing without the project;
N-4 Result in a substantial temporary or periodic increase in ambient noise levels in the project
vicinity above levels existing without the project;
N-5 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, expose people residing or
working in the project area to excessive noise levels; or
N-6 For a project located within the vicinity of a private airstrip, expose people residing or working
in the project area to excessive noise levels.
The Initial Study, included as Appendix A, established that the project would result in no impact related to
Thresholds N-5 and N-6; no further assessment of these topics is included in this EIR.
Based on the City's' requirements described previously, noise impacts are considered significant if any of
the following occur from implementation of the proposed Specific Plan.
Construction Noise and Vibration
• If project -related construction activities:
o Occur at any time other than the permitted hours of 7:00 a.m. to 6:00 p.m. Monday through
Friday and 9:00 a.m. to 5:00 p.m. Saturdays; with no activity allowed on Sundays and Federal
holidays (TCC, Article 4, Chapter 6, Section 4617);
City of Tustin 5.6-13
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
o Create noise levels which exceed the 85 dBA Leq acceptable noise level threshold at the nearby
sensitive receiver locations (NIOSH, Criteria for Recommended Standard: Occupational Noise
Exposure); or
o Generate temporary Project construction -related noise level increases which exceed the 12 dBA
Leq substantial noise level increase threshold at noise -sensitive receiver locations (Caltrans,
Traffic Noise Analysis Protocol).
• If short-term project generated construction source vibration levels exceed the vibration standard for
building damage per structure types, and human annoyance of distinctly perceptible 0.04 PPV inch/sec
at noise -sensitive receiver locations (Caltrans Transportation and Construction Vibration Guidance
Manual).
Off -Site Traffic Noise
• When the noise levels at existing and future noise -sensitive land uses (e.g. residential, etc.):
o Are less than 60 dBA CNEL and the project creates a readily perceptible 5 dBA CNEL or greater
project -related noise level increase; or
o Range from 60 to 65 dBA CNEL and the project creates a barely perceptible 3 dBA CNEL or
greater project -related noise level increase; or
o Already exceeds 65 dBA CNEL, and the project creates a community noise level impact of
greater than 1.5 dBA CNEL (FICON, 1992).
Operational Noise
• If exterior noise levels exceed 65 dBA CNEL at the outdoor environments of future residential uses
within the Specific Plan area. Interior noise of residential units shall not exceed 45 dBA CNEL (General
Plan Noise Element, Table N-3).
• If project -related operational (stationary -source) noise levels exceed:
0 55 dBA L50 during daytime hours (7:00 a.m. to 10:00 p.m.) or 50 dBA L50 during the nighttime
hours (10:00 p.m. to 7:00 a.m.) at residential uses (Noise Zone 1); or
0 60 dBA L50 for commercial uses (Noise Zone 2); or
0 70 dBA L50 for industrial uses (Noise Zone 3); or
0 55 dBA L50 for special uses (Noise Zone 4); or
0 60 dBA L50 for mixed-use (Noise Zone 5); and
o The exterior noise level standards for each Noise Zone identified above shall apply for a
cumulative period of 30 minutes in any hour, as well as plus 5 dBA cannot be exceeded for a
cumulative period of more than 15 minutes in any hour, or the standard plus 10 dBA for a
cumulative period of more than 5 minutes in any hour, or the standard plus 15 dBA for a
cumulative period of more than 1 minute in any hour, or the standard plus 20 dBA for any
period of time (TCC, Article 4, Chapter 6 Noise Control, Section 4614).
Table 5.6-8: Significance Criteria Summary
Analysis
Receiving
Land Use
Condition Significance Criteria
Daytime I Nighttime
Off -Site
Noise- Sensitive
If ambient is < 60 dBA CNEL >_ 5 dBA CNEL project increase
If ambient is 60 - 65 dBA CNEL >_ 3 dBA CNEL project increase
If ambient is > 65 dBA CNEL >_ 1.5 dBA CNEL project increase
On-Site2
Residential
Exterior Noise Level Standard 65 dBA CNEL
City of Tustin 5.6-14
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
'Jource: FIC.VN, I YYZ.
2 Source: City of Tustin General Plan Noise Element, Table N-3.
3 Source: TCC, Article 4, Chapter 6, Sections 4613 & 4614
4 Source: TCC, Article 4, Chapter 6, Section 4617. Construction activities may be permitted outside of those limitations identified in the case of urgent
necessity or upon a finding that such approval will not adversely impact adjacent properties and the health, safety and welfare of the community if a
temporary exception is granted.
5 Source: NIOSH, Criteria for Recommended Standard: Occupational Noise Exposure, June 1998.
6 Source: Caltrans Traffic Noise Analysis Protocol, May 201 1.
7Source: Caltrans Transportation and Construction Vibration Guidance Manual, September 2013, Tables 19 & 20.
"Daytime" = 7:00 a.m. to 10:00 p.m.; "Nighttime" = 10:00 p.m. to 7:00 a.m.; "n/a" = No nighttime construction activity is permitted, so no nighttime
construction noise level limits are identified.
5.6.5 METHODOLOGY
Construction Noise
To identify the temporary construction noise contribution to the existing ambient noise environment, the
construction noise levels anticipated from usage of construction equipment needed to implement the
proposed Specific Plan were combined with the existing ambient noise level measurements at the sensitive
receiver locations. The difference between the Specific Plan construction and ambient noise levels are used
to describe the construction noise level contributions necessary to assess the level of significance associated
with temporary construction noise level impacts. A temporary noise level increase of 12 dBA Leq is
considered a potentially significant impact based on the Caltrans substantial noise level increase criteria.
Operational Noise
The primary source of noise associated with the operation of the proposed Specific Plan would be from
vehicular trips. The expected roadway noise level increases from vehicular traffic were calculated using
the Federal Highway Administration (FHWA) traffic noise prediction model and the average daily traffic
volumes from the Traffic Impact Analysis prepared for the proposed Specific Plan.
As detailed in Section 5.8, Transportation and Circulation, the Specific Plan is anticipated to generate
approximately 8,496 daily trips, 660 a.m. peak hour trips and 719 p.m. peak hour trips. The increase in
noise levels generated by the vehicular trips have been quantitatively estimated and compared to the
applicable noise standards and thresholds of significance listed previously.
Secondary sources of noise would include new stationary sources (such as heating, ventilation, and air
conditioning units) associated with the new site-specific development that would occur by the Specific Plan.
The increase in noise levels generated by these activities have been quantitatively estimated and
compared to the applicable noise standards listed previously.
City of Tustin 5.6-15
Draft EIR
February 2018
Receiving
Significance Criteria
Analysis
Land Use
Condition
Daytime Nighttime
Interior Noise Level Standard 45 dBA CNEL
>_ 30 Minutes Lso
>_ 15 Minutes Lzs
Operational
AII3
See Table 5.6-4, Tustin City Code
>_ 5 Minutes La
Operational Noise Standards
>_ 1 Minute Lz
Anytime L,„ax
Permitted hours of 7:00 a.m. to 6:00 p.m. Monday through Friday, 9:00 a.m. to 5:00 p.m.
Saturdays; with no activity on Sundays and Federal holidays a
Construction
Noise-
Sensitive
Noise Level Thresholds
85 dBA Leq
n/a
Noise Level Increaseb
12 dBA Leq
n/a
Vibration Level Threshold7
building damage per structure type;
n/a
human annoyance: 0.04 PPV inch/sec
'Jource: FIC.VN, I YYZ.
2 Source: City of Tustin General Plan Noise Element, Table N-3.
3 Source: TCC, Article 4, Chapter 6, Sections 4613 & 4614
4 Source: TCC, Article 4, Chapter 6, Section 4617. Construction activities may be permitted outside of those limitations identified in the case of urgent
necessity or upon a finding that such approval will not adversely impact adjacent properties and the health, safety and welfare of the community if a
temporary exception is granted.
5 Source: NIOSH, Criteria for Recommended Standard: Occupational Noise Exposure, June 1998.
6 Source: Caltrans Traffic Noise Analysis Protocol, May 201 1.
7Source: Caltrans Transportation and Construction Vibration Guidance Manual, September 2013, Tables 19 & 20.
"Daytime" = 7:00 a.m. to 10:00 p.m.; "Nighttime" = 10:00 p.m. to 7:00 a.m.; "n/a" = No nighttime construction activity is permitted, so no nighttime
construction noise level limits are identified.
5.6.5 METHODOLOGY
Construction Noise
To identify the temporary construction noise contribution to the existing ambient noise environment, the
construction noise levels anticipated from usage of construction equipment needed to implement the
proposed Specific Plan were combined with the existing ambient noise level measurements at the sensitive
receiver locations. The difference between the Specific Plan construction and ambient noise levels are used
to describe the construction noise level contributions necessary to assess the level of significance associated
with temporary construction noise level impacts. A temporary noise level increase of 12 dBA Leq is
considered a potentially significant impact based on the Caltrans substantial noise level increase criteria.
Operational Noise
The primary source of noise associated with the operation of the proposed Specific Plan would be from
vehicular trips. The expected roadway noise level increases from vehicular traffic were calculated using
the Federal Highway Administration (FHWA) traffic noise prediction model and the average daily traffic
volumes from the Traffic Impact Analysis prepared for the proposed Specific Plan.
As detailed in Section 5.8, Transportation and Circulation, the Specific Plan is anticipated to generate
approximately 8,496 daily trips, 660 a.m. peak hour trips and 719 p.m. peak hour trips. The increase in
noise levels generated by the vehicular trips have been quantitatively estimated and compared to the
applicable noise standards and thresholds of significance listed previously.
Secondary sources of noise would include new stationary sources (such as heating, ventilation, and air
conditioning units) associated with the new site-specific development that would occur by the Specific Plan.
The increase in noise levels generated by these activities have been quantitatively estimated and
compared to the applicable noise standards listed previously.
City of Tustin 5.6-15
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Vibration
Aside from noise levels, groundborne vibration would also be generated during construction of site specific
development of the Specific Plan by various construction -related activities and equipment; and could be
generated by truck traffic traveling to and from the Specific Plan area. The potential ground -borne
vibration levels resulting from construction activities occurring from the proposed Specific Plan were
estimated by data published by the Federal Transit Administration (FTA). Thus, the groundborne vibration
levels generated by these sources have also been quantitatively estimated and compared to the
applicable thresholds of significance listed previously.
5.6.6 ENVIRONMENTAL IMPACTS
IMPACT N-1: 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. [THRESHOLD N-1 ]
Construction
Less than Significant. Noise generated by construction equipment would include a combination of trucks,
power tools, concrete mixers, and portable generators that when combined can reach high levels.
Construction is expected to occur in the following stages: demolition, grading, building construction,
architectural coating, paving.
Noise levels generated by heavy construction equipment can range from approximately 68 dBA to in
excess of 80 dBA when measured at 50 feet, as shown on Table 5.6-9, Construction Reference Noise Levels.
However, these noise levels diminish with distance from the construction site at a rate of 6 dBA per
doubling of distance. For example, a noise level of 80 dBA measured at 50 feet from the noise source to
the receiver would be reduced to 74 dBA at 100 feet from the source to the receiver, and would be
further reduced to 68 dBA at 200 feet from the source to the receiver.
Table 5.6-9: Construction Reference Noise Levels
ID
Noise Source
Reference
Distance
From Source
(Feet)
Reference
Noise Levels p@
Reference Distance
(dBA Leq)
Reference
Noise Levels
p@ 50 Feet
(dBA Leq)
1
Truck Pass-Bys & Dozer Activity
30'
63.6
59.2
2
Dozer Activity
30'
68.6
64.2
3
Construction Vehicle Maintenance Activities
30'
71.9
67.5
4
Foundation Trenching
30'
72.6
68.2
5
Rough Grading Activities
30'
77.9
73.5
6
Residential Framing
30'
66.7
62.3
7
Water Truck Pass -By & Backup Alarm
30'
76.3
71.9
8
Dozer Pass -By
30'
84.0
79.6
9
Two Scrapers & Water Truck Pass -By
30'
83.4
79.0
10
Two Scrapers Pass -By
30'
83.7
79.3
11
Scraper, Water Truck, & Dozer Activity
30'
79.7
75.3
12
Concrete Mixer Truck Movements
50'
71.2
71.2
13
Concrete Paver Activities
30'
70.0
65.6
14
Concrete Mixer Pour & Paving Activities
30'
70.3
65.9
15
Concrete Mixer Backup Alarms & Air Brakes
50'
71.6
71.6
16
Concrete Mixer Pour Activities
50'
67.7
67.7
17
1 Forklift, Jackhammer, & Metal Truck Bed Loading
1 50' 1
67.9
1 67.9
Source: Urban Crossroads, 2017, Appendix D.
Noise levels are calculated at 50 feet using a drop off rate of 6 dBA per doubling of distance (point source).
City of Tustin
5.6-16
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Construction of development projects pursuant to the proposed Specific Plan is anticipated to generate
temporary and intermittent high noise levels at sensitive receivers. As described previously, the Criteria for
Recommended Standard: Occupational Noise Exposure prepared by the National Institute for
Occupational Safety and Health identifies a construction noise level threshold of 85 dBA Leq. Based on the
estimated construction noise levels in Table 5.6-9 above, construction could exceed 85 dBA at a distance
of 27 feet or less from peak construction activity.
However, per Article 4, Chapter 6, Section 4617 of the TCC, noise sources associated with construction are
exempted from the City's established noise standards as long as they take place between the hours of
7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. Saturdays. Construction
activities may be permitted outside of those limitations identified in the case of urgent necessity or upon a
finding that such approval will not adversely impact adjacent properties and the health, safety and
welfare of the community if a temporary exception is granted. All new development projects in the
Specific Plan area would be subject to these regulations, and the construction activities would be consistent
with the TCC. Thus, the proposed Specific Plan would be in compliance with the City's construction related
noise standards, and impacts would be less than significant.
Operation
Less than Significant. The Specific Plan area and surroundings are largely built out, and future
development under the proposed Specific Plan would consist mostly of infill, mixed-use, and
redevelopment projects. This growth that would be accommodated by the proposed Specific Plan would
result in generation of various operational noise sources, such as, traffic, parking, noise from residential
and commercial uses, as well as air conditioning units and other machinery. It is expected that the primary
source of noise increases would be traffic -related noise from 1-5, SR -55, B Street, C Street, EI Camino Real,
Prospect Avenue, Newport Avenue, Irvine Boulevard, First Street, 2nd Street, 3rd Street, Main Street, and
6th Street.
New Residential Units
Due to the existing ambient noise in the Specific Plan area (listed on Tables 5.6-5 and 5.6-6) and
increases in traffic that would result from operation of the new uses within the Specific Plan area,
residential units proposed in DAs 1, 2, 3, 4, and 6 could be exposed to exterior noise levels greater than
65 dBA CNEL, which is considered normally incompatible by the City of Tustin General Plan Noise Element.
The City requires proposed developments to prepare and submit an acoustical report to demonstrate
compliance with the General Plan and to identify all reasonable and feasible measures to satisfy the 65
dBA CNEL exterior noise level standard and 45 dBA CNEL interior noise level standard.
Typical building construction provides a noise reduction of approximately 12 dBA with "windows open"
and a minimum 25 dBA noise reduction with "windows closed." However, because exterior noise levels
exceed 70 dBA CNEL in areas of the Specific Plan where residential units are proposed, an interior noise
analysis based on site-specific architectural floor plans and elevations would be required pursuant to PPP
NOI-1, to satisfy the City of Tustin General Plan Noise Element, Table N-3, 45 dBA CNEL interior noise
level standard for residential units. With implementation of existing regulations, as implemented through
PPP NOI-1, impacts related to development of residential units within DAs 1, 2, 3, 4, and 6 would be less
than significant. No residential units are allowed in DA -5, per the Specific Plan, and no impacts would
occur.
New Commercial Uses
Development in the Specific Plan area would also generate noise from the operation of commercial uses
that are included in mixed-use developments or stand-alone commercial uses. The anticipated noise
City of Tustin 5.6-17
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
related to the commercial uses include: HVAC units and parking lot noise, which are consistent with the
existing noise sources in the Specific Plan area. However, the noise levels would vary depending on the
specific type of commercial use (e.g., retail or office uses), and could result in impacts to residential units
within mixed-use developments. Therefore, existing regulations outlined in PPP N0I-1 are included in the
mitigation monitoring program to ensure that applicants/developers prepare acoustical studies and satisfy
the 65 dBA CNEL exterior noise level standard and 45 dBA CNEL interior noise level standard. PPP N0I-1
would ensure that noise standards are met and impacts to sensitive receptors, such as residential units
would not occur.
IMPACT N-2: EXPOSE PERSONS TO OR GENERATE EXCESSIVE GROUNDBORNE VIBRATION OR
GROUNDBORNE NOISE LEVELS [THRESHOLD N-2].
Construction
Less than Significant with Mitigation Incorporated. Construction activity can result in varying degrees of
ground vibration, depending on the equipment and methods used, distance to the affected structures and
soil type. Ground vibration levels associated with various types of construction equipment is provided in
Table 5.6-10, Construction Equipment Vibration Levels.
Table 5.6-10: Construction Equipment Vibration Levels
Distance to
Construction
Activity (Feet)
Receiver PPV Levels (in/sec)
Small Jack- Loaded Large
Bulldozer hammer Trucks Bulldozer
Peak
Vibration
25
0.003
0.035
0.076
0.089
0.089
50
0.001
0.012
0.027
0.031
0.031
100
0.000
0.004
0.010
0.011
0.011
125
1 0.000
1 0.003
1 0.007
1 0.008 1
0.008
Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment, May 2006.
Based on the reference vibration levels provided by the FTA, listed in Table 5.6-10 above, a large
bulldozer represents the peak source of vibration with a reference velocity of 0.089 in/sec PPV at 25
feet. At distances ranging from 25 to 125 feet from construction, vibration levels are anticipated to range
from 0.008 to 0.089 in/sec PPV, as shown on Table 5.6-11, Construction Equipment Vibration Impacts.
These vibration levels would not be sustained during the entire construction period but will occur only
during the times that heavy construction equipment is operating in the vicinity of the sensitive receptor.
Further, construction would typically be restricted to daytime construction hours allowed under the TCC,
unless otherwise permitted by the City in the case of urgent necessity or upon a finding that such approval
will not adversely impact adjacent properties and the health, safety and welfare of the community,
thereby reducing potential vibration impacts during the sensitive nighttime hours.
City of Tustin 5.6-18
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Table 5.6-11: Construction Equipment Vibration Impacts
Source: Urban Crossroads, 117, Appendix D.
Table 5.6-11, Construction Equipment Vibration Levels, shows that the building damage thresholds would
only be exceeded at 25 -feet from "extremely fragile historic buildings, ruins, ancient monuments" (i.e.,
hard structures made of stone or brick) from large bulldozers. At all other distances, the construction -
related vibration levels are shown to satisfy the Caltrans building damage thresholds for fragile buildings,
and older residential buildings. There are no historic buildings known to be extremely fragile in the City of
Tustin., and as a result, the operation of vibration -generating equipment would not result in structural
damage to the extremely historic buildings. Therefore, the potential vibration impacts to historic structures
would be less than significant.
Regarding human annoyance, the construction activities would only exceed the distinctly perceptible
vibration standard of 0.04 in/sec PPV at receiver locations within 25 feet of large bulldozers or
jackhammers, if used during construction. Therefore, Mitigation Measure NOI-1 would be implemented to
generally prohibit the use of construction equipment that generates high levels of vibration (i.e., large
bulldozers, loaded trucks, caisson drills, and jackhammers) within 25 feet of sensitive land uses, and would
ensure that the construction -related vibration impacts associated with human annoyance at nearby
receptors would be reduced to a less than significant level. If construction within 25 feet of sensitive land
uses requires the use of equipment with high levels of vibration, Mitigation Measure NOI-1 would require a
site-specific analysis to ensure that vibration does not exceed Caltrans thresholds. With implementation of
Mitigation Measure NOI-1, impacts related to groundborne vibration would be less than significant.
Operation
Less than Significant. Operation of new commercial and office uses within the Specific Plan area could
include heavy trucks transportation of goods. Truck vibration levels are dependent on vehicle
characteristics, load, speed, and pavement conditions. Typical vibration levels for the heavy truck activity
at normal traffic speeds would be approximately 0.006 in/sec PPV, based on the FTA Transit Noise
Impact and Vibration Assessment. Truck deliveries transiting on site would be travelling at very low speed,
so it is expected that delivery truck vibration at nearby sensitive receptors would be less than the vibration
threshold of 0.08 in/sec PPV for fragile historic buildings and 0.04 in/sec PPV for human annoyance, and
therefore, would be less than significant.
IMPACT N-3: RESULT IN A SUBSTANTIAL PERMANENT INCREASE IN AMBIENT NOISE LEVELS IN
THE PROJECT VICINITY OR ABOVE LEVELS EXISTING WITHOUT THE PROJECT
[THRESHOLD N-31.
Less than Significant. The increase in traffic resulting from development within the Specific Plan area
would increase the ambient noise levels at land uses fronting roadways. The Traffic Impact Analysis
prepared for the plan estimates that the build out anticipated by the proposed Specific Plan would result
City of Tustin 5.6-19
Draft EIR
February 2018
Threshold Exceeded (PPV)?2
Distance to Const. Activity
Peak
Vibration
Building
Damage by Type
Annoyance
Extremely
Fragile Older
Distinctly
(Feet)
Levels
(in/sec)
Fragile Historic
(0.1 in/sec) Residential
Perceptible
(0.08 in/sec)
(0.3 in/sec)
(0.04 in/sec)
25'
0.089
Yes
No No
Yes
50'
0.031
No
No No
No
100'
0.011
No
No No
No
125'
0.008
No
No No
No
Source: Urban Crossroads, 117, Appendix D.
Table 5.6-11, Construction Equipment Vibration Levels, shows that the building damage thresholds would
only be exceeded at 25 -feet from "extremely fragile historic buildings, ruins, ancient monuments" (i.e.,
hard structures made of stone or brick) from large bulldozers. At all other distances, the construction -
related vibration levels are shown to satisfy the Caltrans building damage thresholds for fragile buildings,
and older residential buildings. There are no historic buildings known to be extremely fragile in the City of
Tustin., and as a result, the operation of vibration -generating equipment would not result in structural
damage to the extremely historic buildings. Therefore, the potential vibration impacts to historic structures
would be less than significant.
Regarding human annoyance, the construction activities would only exceed the distinctly perceptible
vibration standard of 0.04 in/sec PPV at receiver locations within 25 feet of large bulldozers or
jackhammers, if used during construction. Therefore, Mitigation Measure NOI-1 would be implemented to
generally prohibit the use of construction equipment that generates high levels of vibration (i.e., large
bulldozers, loaded trucks, caisson drills, and jackhammers) within 25 feet of sensitive land uses, and would
ensure that the construction -related vibration impacts associated with human annoyance at nearby
receptors would be reduced to a less than significant level. If construction within 25 feet of sensitive land
uses requires the use of equipment with high levels of vibration, Mitigation Measure NOI-1 would require a
site-specific analysis to ensure that vibration does not exceed Caltrans thresholds. With implementation of
Mitigation Measure NOI-1, impacts related to groundborne vibration would be less than significant.
Operation
Less than Significant. Operation of new commercial and office uses within the Specific Plan area could
include heavy trucks transportation of goods. Truck vibration levels are dependent on vehicle
characteristics, load, speed, and pavement conditions. Typical vibration levels for the heavy truck activity
at normal traffic speeds would be approximately 0.006 in/sec PPV, based on the FTA Transit Noise
Impact and Vibration Assessment. Truck deliveries transiting on site would be travelling at very low speed,
so it is expected that delivery truck vibration at nearby sensitive receptors would be less than the vibration
threshold of 0.08 in/sec PPV for fragile historic buildings and 0.04 in/sec PPV for human annoyance, and
therefore, would be less than significant.
IMPACT N-3: RESULT IN A SUBSTANTIAL PERMANENT INCREASE IN AMBIENT NOISE LEVELS IN
THE PROJECT VICINITY OR ABOVE LEVELS EXISTING WITHOUT THE PROJECT
[THRESHOLD N-31.
Less than Significant. The increase in traffic resulting from development within the Specific Plan area
would increase the ambient noise levels at land uses fronting roadways. The Traffic Impact Analysis
prepared for the plan estimates that the build out anticipated by the proposed Specific Plan would result
City of Tustin 5.6-19
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
in a net increase of approximately 8,496 daily trips (Stantec, 2017). To evaluate the noise generated by
these trips, the future traffic noise levels on the roadways were estimated based on future traffic volumes
provided in the project's traffic study and calculated using the FHWA's Highway Traffic Noise Prediction
Model (FHWA-RD-77-108). Noise contours were then used to assess the increase in noise at land uses
adjacent to the roadways that would convey project traffic.
As shown on Table 5.6-12, Existing Plus Project Traffic Noise Level Increases, with the addition of traffic
from the anticipated buildout within the Specific Plan area, ambient noise is estimated to range from 52.0
to 73.3 dBA CNEL, and a noise level increase of up to 0.4 dBA CNEL would occur. Based on the
significance criteria listed in Table 5.6-8, Significance Criteria Summary, the increase in ambient noise
would be less than significant in the existing plus project traffic conditions.
Table 5.6.12: Existing Plus Project Traffic Noise Level Increases
ID
Road
Segment
Adjacent
Planned
Land Use
CNEL at Adjacent
Land Use (dBA)l
Threshold
Exceeded?
No
Project
With
Project
Project
Addition
1
B St.
s/o First St.
Residential
59.3
58.0
-1.3
No
2
B St.
s/o Main St.
Residential
59.3
58.0
-1.3
No
3
C St.
s/o First St.
Civic/Institutional
59.4
58.2
-1.2
No
4
C St.
s/o 2nd St.
Civic/Institutional
59.4
58.8
-0.6
No
5
C St.
s/o 3rd St.
Civic/Institutional
59.4
59.3
-0.1
No
6
EI Camino
Real
s/o First St.
Commercial
61.2
59.7
-1.5
No
7
EI Camino
Real
s/o 2nd St.
Commercial
61.2
60.2
-1.0
No
8
EI Camino
Real
s/o 3rd St.
Commercial
61.2
60.2
-1.0
No
9
EI Camino
Real
s/o Main St.
Commercial
64.1
63.7
-0.4
No
10
EI Camino
Real
n/o Newport Av.
Commercial
64.1
64.3
0.2
No
11
Prospect Av.
s/o First St.
Commercial
60.9
59.4
-1.5
No
12
Prospect Av.
s/o 2nd St.
Mobile Home Park
60.9
59.4
-1.5
No
13
Prospect Av.
s/o 3rd St.
Mobile Home Park
60.9
59.4
-1.5
No
14
Newport Av.
s/o Irvine BI.
Commercial
70.9
70.8
-0.1
No
15
Newport Av.
s/o First St.
Commercial
70.9
71.1
0.2
No
16
Newport Av.
s/o Main St.
Commercial
70.9
71.0
0.1
No
17
Newport Av.
s/o EI Camino Real
Commercial
69.8
70.0
0.2
No
18
Irvine BI.
w/o Yorba St.
Commercial
73.0
73.3
0.3
No
19
Irvine BI.
e/o Yorba St.
Commercial
71.8
72.2
0.4
No
20
Irvine BI.
e/o Prospect Av.
Civic/Institutional
&Commercial/Office
72.0
72.1
0.1
No
21
First St.
w/o Yorba St.
Commercial
70.8
69.8
-1.0
No
22
First St.
e/o Yorba St.
Commercial
70.1
68.9
-1.2
No
23
First St.
w/o Prospect Av.
Commercial
70.1
69.4
-0.7
No
24
First St.
e/o Prospect Av.
Commercial
69.2
68.9
-0.3
No
City of Tustin 5.6-20
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Source: Urban Crossroads, 2U I /, Appendix D.
I The CNEL is calculated at the boundary of the right-of-way of each roadway and the property line of the nearest adjacent land use.
Table 5.6-13, Year 2035 Plus Project Traffic Noise Impacts, presents a comparison of the 2035 without
and with project noise levels. The exterior noise levels are expected to range from 55.0 to 73.8 dBA CNEL
without the development anticipated by the Specific Plan and from 53.4 to 74.0 dBA CNEL with the
development anticipated by the Specific Plan. As shown on Table 5.6-13, a noise level increase of up to
0.3 dBA CNEL is anticipated to occur on the study area roadway segments, and per the significance
criteria listed in Table 5.6-6, Existing Noise Ambient Noise Level and General Plan Land Use Compatibility,
this noise level increase would be less than significant.
Table 5.6-13: Year 2035 Plus Project Traffic Noise Impacts
CNEL at Adjacent
Adjacent
Land Use (dBA)l
Threshold
ID
Road
Segment
Planned
Exceeded?
No
With
Project
Land Use
Project
Project
Addition
25
2nd St.
w/o EI Camino Real
Commercial
54.0
52.8
-1.2
No
26
2nd St.
e/o EI Camino Real
Commercial
54.0
52.0
-2.0
No
27
3rd St.
w/o EI Camino Real
Commercial
54.5
52.8
-1.7
No
4
C St.
s/o 2nd St.
Residential &
61.0
60.0
-1.0
No
28
3rd St.
e/o EI Camino Real
Commercial/Office
54.5
52.8
-1.7
No
6
EI Camino
s/o First St.
& Vacant
62.0
60.7
-1.3
No
29
Main St.
w/o B St.
Residential
66.8
66.8
0.0
No
7
EI Camino
s/o 2nd St.
Civil/Institutional
62.0
61.1
-0.9
No
30
Main St.
e/o B St.
& Commercial/Office
66.8
66.6
-0.2
No
31
Main St.
e/o EI Camino Real
Commercial
66.6
66.0
-0.6
No
Real
Residential & Industrial
32
6th St.
e/o B St.
(demolished)/Permitted
57.8
57.5
-0.3
No
Real
Residential
Source: Urban Crossroads, 2U I /, Appendix D.
I The CNEL is calculated at the boundary of the right-of-way of each roadway and the property line of the nearest adjacent land use.
Table 5.6-13, Year 2035 Plus Project Traffic Noise Impacts, presents a comparison of the 2035 without
and with project noise levels. The exterior noise levels are expected to range from 55.0 to 73.8 dBA CNEL
without the development anticipated by the Specific Plan and from 53.4 to 74.0 dBA CNEL with the
development anticipated by the Specific Plan. As shown on Table 5.6-13, a noise level increase of up to
0.3 dBA CNEL is anticipated to occur on the study area roadway segments, and per the significance
criteria listed in Table 5.6-6, Existing Noise Ambient Noise Level and General Plan Land Use Compatibility,
this noise level increase would be less than significant.
Table 5.6-13: Year 2035 Plus Project Traffic Noise Impacts
City of Tustin 5.6-21
Draft EIR
February 2018
CNEL at Adjacent
Adjacent
Land Use (dBA)l
Threshold
ID
Road
Segment
Planned
No
With
Project
Land UseExceeded?
Project
Project
Addition
1
B St.
s/o First St.
Residential
59.7
59.3
-0.4
No
2
B St.
s/o Main St.
Residential
59.7
59.3
-0.4
No
3
C St.
s/o First St.
Civic/Institutional
59.7
59.4
-0.3
No
4
C St.
s/o 2nd St.
Civic/Institutional
61.0
60.0
-1.0
No
5
C St.
s/o 3rd St.
Civic/Institutional
61.0
60.7
-0.3
No
6
EI Camino
s/o First St.
Commercial
62.0
60.7
-1.3
No
Real
7
EI Camino
s/o 2nd St.
Commercial
62.0
61.1
-0.9
No
Real
8
EI Camino
s/o 3rd St.
Commercial
62.0
61.1
-0.9
No
Real
9
EI Camino
s/o Main St.
Commercial
64.3
64.0
-0.3
No
Real
El Camino
n/o Newport
10
Commercial
64.3
64.6
0.3
No
Real
Av.
11
Prospect Av.
s/o First St.
Commercial
63.8
63.1
-0.7
No
City of Tustin 5.6-21
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Source: Urban Crossroads, 2U I /, Appendix D.
I The CNEL is calculated at the boundary of the right-of-way of each roadway and the property line of the nearest adjacent land
use.
IMPACT N-4: RESULT IN A SUBSTANTIAL TEMPORARY OR PERIODIC INCREASE IN AMBIENT NOISE
LEVELS IN THE PROJECT VICINITY ABOVE LEVELS EXISTING WITHOUT THE PROJECT
[THRESHOLD N-4].
Less than Significant with Mitigation Incorporated. Construction noise would occur between the permitted
hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. Saturdays.
Additionally, the noise increases would be temporary in nature, and the operation of each piece of
construction equipment would not be constant throughout the construction day, as equipment would be
turned off when they are not in use. The typical operating cycle for a piece of construction equipment
City of Tustin 5.6-22
Draft EIR
February 2018
CNEL at Adjacent
Adjacent
Land Use (dBA)l
Threshold
ID
Road
Segment
Planned
No
With
Project
Land UseExceeded?
Project
Project
Addition
12
Prospect Av.
s/o 2nd St.
Mobile Home Park
63.8
63.1
-0.7
No
13
Prospect Av.
s/o 3rd St.
Mobile Home Park
63.8
63.1
-0.7
No
14
Newport Av.
s/o Irvine BI.
Commercial
71.2
71.0
-0.2
No
15
Newport Av.
s/o First St.
Commercial
71.2
71.3
0.1
No
16
Newport Av.
s/o Main St.
Commercial
71.2
71.2
0.0
No
s/o EI Camino
17
Newport Av.
Commercial
70.8
70.9
0.1
No
Real
18
Irvine BI.
w/o Yorba St.
Commercial
73.8
74.0
0.2
No
19
Irvine BI.
e/o Yorba St.
Commercial
72.5
72.8
0.3
No
e/o Prospect
Civic/Institutional
20
Irvine BI.
Av.
&Commercial/Office
73.4
73.5
0.1
No
21
First St.
w/o Yorba St.
Commercial
70.8
69.8
-1.0
No
22
First St.
e/o Yorba St.
Commercial
71.0
70.0
-1.0
No
Prospect
23
First St.
Commercial
71.0
70.1
-0.9
No
Aw/o
o Prospect
24
First St.
A
Commercial
70.3
70.1
-0.2
No
w/o EI
25
2nd St.
Commercial
55.0
53.4
-1.6
No
Camino Real
e/o EI Camino
26
2nd St.
Commercial
58.0
56.1
-1.9
No
Real
w/o EI
27
3rd St.
Commercial
55.0
54.0
-1.0
No
Camino Real
e/o EI Camino
Residential &
28
3rd St.
Commercial/Office
58.0
56.7
-1.3
No
Real
& Vacant
29
Main St.
w/o B St.
Residential
66.9
66.9
0.0
No
Civil/Institutional
30
Main St.
e/o B St.
& Commercial/Office
68.2
68.0
-0.2
No
e/o EI Camino
31
Main St.
Commercial
67.6
67.1
-0.5
No
Real
Residential & Industrial
32
6th St.
e/o B St.
(demolished)/Permitted
58.0
57.8
-0.2
No
Residential
Source: Urban Crossroads, 2U I /, Appendix D.
I The CNEL is calculated at the boundary of the right-of-way of each roadway and the property line of the nearest adjacent land
use.
IMPACT N-4: RESULT IN A SUBSTANTIAL TEMPORARY OR PERIODIC INCREASE IN AMBIENT NOISE
LEVELS IN THE PROJECT VICINITY ABOVE LEVELS EXISTING WITHOUT THE PROJECT
[THRESHOLD N-4].
Less than Significant with Mitigation Incorporated. Construction noise would occur between the permitted
hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. Saturdays.
Additionally, the noise increases would be temporary in nature, and the operation of each piece of
construction equipment would not be constant throughout the construction day, as equipment would be
turned off when they are not in use. The typical operating cycle for a piece of construction equipment
City of Tustin 5.6-22
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
would involve one or two minutes of full power operation followed by three or four minutes at lower
power settings.
Construction of individual projects within the Specific Plan area could exceed 85 dBA at a distance of 27
feet or less from peak construction activity, which as shown on Table 5.6-14, Temporary Increase in Noise
from Construction, could result in temporary and intermittent noise level increases of up to 19.8 dBA Leq at
sensitive receptors. As described above, a temporary noise level increase of 12 dBA Leq is considered a
potentially significant impact based on Caltrans criteria. Therefore, Mitigation Measure N0I-2 has been
included, which requires measures such as noise barriers, using sound dampening mats or blankets on
engine compartments of heavy mobile equipment, and limiting haul trips. The measures included in N0I-2
would be capable of achieving a minimum of 10 dBA of attenuation to reduce impacts to below the 12
dBA Leq threshold and as a result, represent less than significant impacts with mitigation.
Table 5.6-14: Temporary Increase in Noise from Construction
Source: Urban Crossroads, 2U I /, Appendix D.
' Represents the combined ambient conditions plus the Project construction activities.
2 The temporary noise level increase expected with the addition of the proposed activities.
5.6.7 CUMULATIVE IMPACTS
Less than Significant Impact. Cumulative noise assessment considers the maximum allowable
development within the Specific Plan area in combination with ambient growth and other development
projects within the vicinity of the Specific Plan area. As noise is a localized phenomenon, and
drastically reduces in magnitude as distance from the source increases, only projects and ambient
growth in the nearby area could combine with the development anticipated in the proposed Specific
Plan to result in cumulative noise impacts. Regarding cumulative traffic noise, the geographic area
City of Tustin 5.6-23
Draft EIR
February 2018
Existing
Peak
Combined
Proposed
Daytime
Increase
Meas.
Existing Land
Construction
Project
Threshold
DCCSP
Ambient
in Noise
Location
Use(s)
Noise Level
and
Exceeded?
Land Use(s)
Noise(@
50)
Ambient'
Leve12
Levels
Downtown
Residential and
L1
68.7
79.6
79.9
11.2
No
Mixed -Use
Office
Residential,
Downtown
L2
Commercial,
59.8
79.6
79.6
19.8
Yes
Mixed -Use
Office and Park
L3
Civic/Institutional
Residential and
61.3
79.6
79.7
18.4
Yes
Civic/Institutional
Old Town,
Commercial,
L4
Mobile Home
63.2
79.6
79.7
16.5
Yes
Mobile Home Park
Park
Downtown
Mixed -Use &
L5
Commercial
71.6
79.6
80.2
8.6
No
Downtown
Commercial
L6
Old Town
Commercial
63.3
79.6
79.7
16.4
Yes
Multi -Family &
Office and
L7
Downtown Mixed
63.9
79.6
79.7
15.8
Yes
Commercial
Use
Downtown
L8
Mixed -Use &
Commercial
61.9
79.6
79.7
17.8
Yes
Downtown Comm.
Source: Urban Crossroads, 2U I /, Appendix D.
' Represents the combined ambient conditions plus the Project construction activities.
2 The temporary noise level increase expected with the addition of the proposed activities.
5.6.7 CUMULATIVE IMPACTS
Less than Significant Impact. Cumulative noise assessment considers the maximum allowable
development within the Specific Plan area in combination with ambient growth and other development
projects within the vicinity of the Specific Plan area. As noise is a localized phenomenon, and
drastically reduces in magnitude as distance from the source increases, only projects and ambient
growth in the nearby area could combine with the development anticipated in the proposed Specific
Plan to result in cumulative noise impacts. Regarding cumulative traffic noise, the geographic area
City of Tustin 5.6-23
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
considered includes the roadways examined in the Traffic Impact Analysis and evaluated in Section
5.8, Traffic and Circulation, of this EIR. The cumulative development program assumed in the traffic
forecasts used in the noise modeling effort includes cumulative growth through 2035, as well as
known development projects.
Development anticipated within the Specific Plan in combination with other nearby projects would
result in an increase in local construction -related and traffic -related noise and vibration. However, all
development projects would be subject to the operational noise standards established in the TCC. In
addition, construction noise and vibration are localized in nature and decreases substantially with
distance. Consequently, in order to achieve a substantial cumulative increase in construction noise
levels, more than one source emitting high level of construction noise and/or vibration would need to
be in close proximity to the construction noise of a development project within the Specific Plan area.
However, due to the size of the Specific Plan area (220 acres) and the intermittent location of
development activities, the construction noise and/or vibration would have a minimal potential to
combine and become cumulatively significant. Therefore, cumulative noise and/or vibration impacts
associated with construction activities would be less than significant.
As described previously, the operational noise from new residential units and commercial and office
uses would be required to meet the TCC noise limits, which would ensure that noise from new uses in
the Specific Plan area would not combine with other development projects to be cumulatively
significant. Thus, operational noise from new land uses in the proposed Specific Plan area would
result in less than significant cumulative noise impacts.
In addition, as described previously, traffic generated by developments included in the proposed
Specific Plan area would range as an increase up to 0.4 dBA CNEL in the existing plus project
condition, and up to 0.3 dBA CNEL in the 2035 plus project condition, which is a limited increase that
is far below the 1.5 dBA CNEL threshold. As a result, operational noise from the projects within the
Specific Plan would not combine with operational noise from other development projects to result in a
cumulatively significant increase. Thus, the development anticipated by the proposed Specific Plan
would result in a less than cumulatively significant impact on ambient noise levels from operational
activities.
Also, as described above, the Specific Plan area is located outside of the 60 dBA CNEL noise contour
boundaries of John Wayne airport, and developments within the proposed Specific Plan area would
not result in exposure of people residing or working in the area to excessive noise levels from
operation of an airport and would not result in an impact that could cumulatively combine. Similarly,
each past, present, and foreseeable future project must comply with the appropriate airport land
use noise contour regulations, which are in place to reduce the potential noise impacts related to John
Wayne Airport operations. Hence, cumulative impacts related to airport noise would not occur.
5.6.8 EXISTING REGULATIONS, STANDARD CONDITIONS AND
PLANS, PROGRAMS, OR POLICIES
Existing Regulations
• City of Tustin General Plan Noise Element
• Tustin City Code Article 4, Chapter 6, Sections 4613, 4614, and 4617
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February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
Plans, Program and Policies (PPPs) and Standard Conditions
The following Plans, Programs, and Policies (PPP) and Standard Conditions (SCs) related to noise are
incorporated into the project and would reduce impacts related to noise. These actions will be included in
the project's mitigation monitoring and reporting program:
• PPP NOW: Development projects are required to meet or exceed the 65 dBA CNEL exterior
noise level standard, as defined by Table N-3 of the City of Tustin General Plan Noise Element,
and the 45 dBA CNEL interior noise level standard of the City of Tustin General Plan Noise
Element, and by Title 24, Part 2, of the California Building Code.
• PPP N0I-2: Construction plans shall include a note that construction activities shall only occur
between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m.
Saturdays; with no activity allowed on Sundays and Federal holidays, unless permitted outside of
those limitations in the case of urgent necessity or upon a finding that such approval will not
adversely impact adjacent properties and the health, safety and welfare of the community if a
temporary exception is granted, pursuant to Article 4, Chapter 6, Section 4617 of the Tustin City
Code.
5.6.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Significant. Impacts N-2 and N-4 would be significant and require mitigation. These impacts include
potential exposure of persons to or generate noise levels in excess of standards established in the local
general plan or noise ordinance, or applicable standards of other affected agencies; exposure of persons
to or generate excessive groundborne vibration or groundborne noise levels; and generation of a
substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels
existing without the project. However, upon implementation of regulatory requirements the other noise
impacts (Impact N-1 and N-3) would be less than significant.
5.6.10 MITIGATION MEASURES
Mitigation Measure NOW: Prior to approval of a demolition permit, grading plans, and/or issuance of
building permits for construction activities within 25 feet of existing residential structures or occupied noise
sensitive uses that require the use of large bulldozers, large loaded trucks, jackhammers, pile drivers,
and/or caisson drills, the City of Tustin Building Division shall ensure that construction plans and
specifications state that the use of such vibratory equipment shall be prohibited within 25 feet of existing
residential structures or occupied noise sensitive uses. Instead, small rubber -tired bulldozers shall be used
within this area during demolition and/or grading operations to reduce vibration effects. If the use of
large bulldozers, large loaded trucks, jackhammers, pile drivers, and/or caisson drills is necessary within
25 feet of existing residential structures or occupied noise sensitive uses, a site-specific analysis shall be
prepared and submitted to the City of Tustin demonstrating that construction activity would not result in
vibration at sensitive receptors that is more than the Caltrans thresholds for annoyance (0.04 in/sec PPV at
receiver locations) and damage (per the Transportation and Construction Vibration Guidance Manual,
September 2013, Tables 19 & 20 by building type).
Mitigation Measure N0I-2: Prior to approval of grading plans, the City of Tustin Building Division shall
ensure that plans include the following measures to reduce construction related noise:
• Construction contractors shall equip all construction equipment, fixed or mobile, with properly
operating and maintained mufflers, consistent with manufacturers' standards, and all stationary
City of Tustin 5.6-25
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February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
construction equipment shall be placed so that emitted noise is directed away from the noise -
sensitive use nearest the construction activity.
• The construction contractor shall locate equipment staging in areas that will create the greatest
distance between construction -related noise sources and noise -sensitive receiver nearest to the
construction activity.
• The construction contractor shall limit haul truck deliveries to the same hours specified for
construction equipment by TCC Article 4, Chapter 6, Section 4617. The contractor shall design
delivery routes to minimize the exposure of sensitive land uses to delivery truck noise.
• If construction activity within 27 feet of occupied noise sensitive uses is proposed, the construction
contractor shall ensure that construction noise levels at nearby sensitive land uses do not exceed 85
dBA Leq, and that construction -related noise level increases are less than 12 dBA Leq above the
existing ambient noise levels, by implementing one or more of the following methods:
1. Install temporary construction noise barriers within the line of site of occupied sensitive uses
for the duration of construction activities that could generate noise exceeding 85 dBA Leq.
The noise control barrier(s) must provide a solid face from top to bottom and shall:
a. Provide a minimum transmission loss of 20 dBA and be constructed with an acoustical
blanket (e.g. vinyl acoustic curtains or quilted blankets) attached to the construction
site perimeter fence or equivalent temporary fence posts;
b. Be maintained and any damage promptly repaired. Gaps, holes, or weaknesses in
the barrier or openings between the barrier and the ground shall be promptly
repaired; and
c. Be removed and the site appropriately restored upon the conclusion of the
construction activity.
2. Install sound dampening mats or blankets to the engine compartments of heavy mobile
equipment (e.g. graders, dozers, heavy trucks). The dampening materials must be capable
of a minimum 5-dBA noise reduction, must be installed prior to the use of heavy mobile
construction equipment, and must remain installed for the duration of the equipment use.
5.6.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Less Than Significant. As described previously, construction within the proposed Specific Plan area could
exceed 85 dBA at a distance of 27 feet or less from peak construction activity, and could result in
temporary and intermittent noise level increases of up to 19.8 dBA Leq at sensitive receptors. Mitigation
Measure NOI-2 has been included, which requires measures such as noise barriers, using sound dampening
mats or blankets on engine compartments of heavy mobile equipment, and limiting haul trips. The measures
included in NOI-2 would be capable of providing the needed attenuation to reduce impacts to below the
respective construction noise thresholds. With mitigation, construction noise levels at nearby sensitive land
uses would be reduced to below 85 dBA Leq and construction -related noise level increases would be less
than 12 dBA Leq above the existing ambient noise levels. Therefore, construction related noise impacts
would be mitigated to a less than significant level.
In addition, PPP NOI-1, NOI-2, and Mitigation Measure NOI-1 would be implemented to reduce
construction vibration impacts to a less than significant level. Operation noise would be less than significant.
City of Tustin 5.6-26
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February 2018
Downtown Commercial Core Specific Plan 5.6 Noise
REFERENCES
Tustin Downtown Commercial Core Specific Plan Noise Impact Analysis, Prepared by Urban Crossroads,
2017, included as Appendix D.
Tustin City Code. Assessed at:
https:(/Iibrary.municode.com/ca/tustin/codes/code of ordinances?nodeld=11307
City of Tustin 5.6-27
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City of Tustin 5.6-28
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5.7 Population and Housing
5.7.1 INTRODUCTION
This section examines the existing population, housing, and employment conditions in the City of Tustin, and
assesses the project's impacts related to direct and indirect growth. Although evaluation of population,
housing, and employment typically involves economic and social, rather than physical environmental issues,
population, housing, and employment growth are often precursors to physical environmental impacts.
According to Section 15382 of the CEQA Guidelines, "[a]n economic or social change by itself shall not be
considered a significant impact on the environment" Socioeconomic characteristics should be considered in
an EIR only to the extent that they create adverse impacts on the physical environment.
5.7.2 REGULATORY SETTING
California Housing Element Law
California planning and zoning law requires each city and county to adopt a general plan for future
growth (California Government Code Section 65300). This plan must include a housing element that
identifies housing needs for all economic segments and provides opportunities for housing development to
meet that need. At the state level, the California Department of Housing and Community Development
Department (HCD) estimates the relative share of California's projected population growth that would
occur in each county based on Department of Finance (DOF) population projections and historical growth
trends. These figures are compiled by HCD in a Regional Housing Needs Assessment (RHNA) for each
region of California. Where there is a regional council of governments, HCD provides the RHNA to the
council. Such is the case for the City of Tustin, which is a member of SCAG. The council, in this case Southern
California Association of Governments (SCAG), then assigns a share of the regional housing need to each
of its cities and counties. The process of assigning shares gives cities and counties the opportunity to
comment on the proposed allocations. HCD oversees the process to ensure that the council of governments
distributes its share of the state's projected housing need.
Southern California Association of Governments
SCAG is a council of governments representing Orange, Imperial, Los Angeles, Riverside, San Bernardino,
and Ventura counties. It is the federally recognized metropolitan planning organization (MPO) for this
region, which encompasses over 38,000 square miles. SCAG actions in Orange County are partially the
result of input from the Orange County Council of Governments (OCCOG), which offers recommendations
regarding SCAG's initiatives.
Regional Housing Needs Allocation
The Regional Housing Needs Assessment (RHNA) is mandated by state housing law as part of the periodic
process of updating housing elements of local general plans. State law requires that housing elements
identify RHNA targets set by HCD to encourage each jurisdiction in the state to provide its fair share of
very low, low, moderate, and upper income housing. The RHNA does not promote growth, but provides a
long-term outline for housing within the context of local and regional trends and housing production goals.
SCAG determines total housing need for each community in southern California based on three general
factors: 1) the number of housing units needed to accommodate future population and employment growth;
2) the number of additional units needed to allow for housing vacancies; and 3) the number of very low,
City of Tustin 5.7-1
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February 2018
Downtown Commercial Core Specific Plan 5.7 Population and Housing
low, moderate, and above -moderate income households needed. All cities are required to ensure that
sufficient sites are planned and zoned for housing, such that area would be available to accommodate the
projected housing needs, and to implement proactive programs that facilitate and encourage the
production of housing commensurate with its housing needs.
For the 2013-2021 planning period, SCAG determined that Tustin's RHNA allocation was 1,227 units; as
shown in Table 5.7-1, 478 of the units (39 percent) are allocated to extremely low through low income
housing needs.
Table 5.7-1: City of Tustin Regional Housing Needs Allocation, 2013-2021
Income Category
Definition
RHNA
Number of Units
Percentage
Extremely Low & Very Low
50% or Less of MFI
283
23.1
Low
51-80% of MFI
195
15.9
Moderate
81-120% of MFI
224
18.3
Above Moderate
Above 120% of MFI
525
42.8
Total
1,227
100.1
Source: City of Tustin 2013.
MFI = median family income
City of Tustin General Plan
Housing Element
The City of Tustin Housing Element was adopted by the Tustin City Council on October 1, 2013, and was
determined by the HCD as complying with state housing law on November 6, 2013. The Housing Element
provides a thorough discussion of housing conditions and issues in the City and provides goals and policies
that address the City's overall housing needs. The goals and policies relevant to the proposed Specific Plan
include:
Goal 1: Provide an adequate supply of housing to meet the need for a variety of housing types and the
diverse socio-economic needs of all community residents.
Policy 1.1: Promote the construction of additional dwelling units to accommodate Tustin's share of regional
housing needs identified by the Southern California Association of Governments (SCAG), in accordance
with adopted land use policies.
Policy 1.2: Pursue smart growth principles by supporting the construction of higher density housing,
affordable housing, and mixed-use development (the vertical and horizontal integration of commercial and
residential uses) in proximity to transit, services, shopping, schools, senior centers and recreational facilities,
where possible.
Goal 6: Ensure that new housing is sensitive to the existing natural and built environment.
Policy 6.1: Attempt to locate new housing facilities in proximity to services and employment centers
thereby enabling walking or bicycling to places of employment.
Policy 6.2: Promote energy conservation measures in the design of new housing units and the
redevelopment of older housing units.
City of Tustin 5.7-2
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February 2018
Downtown Commercial Core Specific Plan 5.7 Population and Housing
Policy 6.3: Require design review of lot placement in subdivisions to maximize passive solar energy and
solar access.
Policy 6.4: Promote water efficient landscapes, efficient irrigation, and use of permeable paving
materials.
Growth Management Element
The Growth Management Element contains goals and policies to ensure that growth and development is
based upon the City's availability to provide an adequate circulation system. This element also guides the
City's participation in interjurisdictional planning efforts and establishes a goal that the provision of jobs
and housing be balanced. The goal relevant to the proposed Specific Plan includes:
Goal 4: Strive to develop and maintain a balance between jobs and housing in Tustin.
5.7.3 ENVIRONMENTAL SETTING
Population
The California Department of Finance (DOF) estimates the City of Tustin 2017 population to be 82,372,
representing approximately 2.6 percent of Orange County's total population. The City's population
increased by 9.0 percent over the 2010 total of 75,540; this was greater than the countywide population
growth rate of 5.7 percent over the same period. Table 5.7-2 provides population figures for the City of
Tustin and Orange County in 2000, 2010, and 2017, and SCAG projections for 2035.
Table 5.7-2: Population Estimates and Projections, 2000-2035
Housing & Households
The DOF estimates that there were 27,836 housing units in Tustin in 2017, 2.7 percent of the County total.
The number of housing units in the City increased by 1,360, or 5.1 percent, from 2010 to 2017. During
that time, the vacancy rate declined from 4.8 percent to 3.2 percent. The City's housing stock is split almost
evenly between single-family detached/attached units and multi -family units; and has a small percentage
of mobile homes.
The average household size is estimated to be 3.04 persons in Tustin and 3.05 persons in Orange County
in 2017 (DOF 2017). Table 5.7-3 shows the number of housing units and households and the vacancy rate
in 2010 and 2017.
City of Tustin 5.7-3
Draft EIR
February 2018
20001
20101
2000-2010
Change
20171
2010-2017
Change
20352
Projection
2017-2035
Change
City of Tustin
67,504
75,540
11.9%
82,372
9.0%
83,100
0.9%
Orange County
2,846,289
3,010,232
5.8%
3,194,024
6.0%
3,431,200
7.4%
' California Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, 2010 - 2017.
2 SCAG 2016 Growth Forecasts.
Housing & Households
The DOF estimates that there were 27,836 housing units in Tustin in 2017, 2.7 percent of the County total.
The number of housing units in the City increased by 1,360, or 5.1 percent, from 2010 to 2017. During
that time, the vacancy rate declined from 4.8 percent to 3.2 percent. The City's housing stock is split almost
evenly between single-family detached/attached units and multi -family units; and has a small percentage
of mobile homes.
The average household size is estimated to be 3.04 persons in Tustin and 3.05 persons in Orange County
in 2017 (DOF 2017). Table 5.7-3 shows the number of housing units and households and the vacancy rate
in 2010 and 2017.
City of Tustin 5.7-3
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February 2018
Downtown Commercial Core Specific Plan 5.7 Population and Housing
Table 5.7-3: Housing Units and Households, 2010 and 2017
2010 2017
City of Tustin
Housing Units
26,476
27,836
Households
25,203
26,956
Vacant Housing Units
1,273
880
Vacancy Rate
4.8%
3.2%
County of Orange
Housing Units
1,046,1 18
1,083,563
Households
990,019
1,030,164
Vacant Housing Units
56,099
53,399
Vacancy Rate 5.4% 4.9%
Source: California Department of Finance, E-5 Population and Housing
Estimates for Cities, Counties and the State, 2010 - 2017.
As shown in Table 5.7-4 SCAG 2035 estimates the number of households within the City will increase by
3.1 percent and the County will increase by 10.2 percent between 2017 and 2035.
Table 5.7-4: SCAG Household Projections through 2035
2017 California Department of 2035 SCAG 2017-2035
Finance Estimate Projection Change
City of Tustin 26,956 27,800 3.1%
County of Orange 1,030,164 1,135,300 10.2%
Sources: California Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, 2010 - 2017; SCAG
2016 Growth Forecasts.
Employment
The California Employment Development Department identified a total of 41,100 jobs in Tustin in 2017, an
increase of 4,300 from the 2010 total of 36,800. Countywide, there are approximately 1,532,100 jobs in
the County (DOF 2017). Hence, the 2017 employment figure for Tustin represents 2.7 percent of
countywide employment.
SCAG's 2016 growth projections show that employment in the City is anticipated to be 51,800 in 2020
and 64,600 in 2035, which in 2020 would be a 25.7 percent increase, and in 2035 would be a 56.8
percent increase in employment.
In addition, 43,814 of the City's residents were in the labor force in 2015 and the City had an
unemployment rate of 5.5 percent (Census Factfinder 2015). Tustin residents that work have an average
24.2 -minute commute, and 77.4 percent of employees drove alone, 10.9 percent carpooled, and 2.4
percent used public transportation (Census Factfinder 2015). This is similar to Orange County as a whole,
where the average commute time was 26.8 minutes; unemployment was 5.0 percent; 78.4 percent of
employees drove to work alone, 9.8 percent of employees carpooled, and 2.5 percent used public
transportation (Census Factfinder 2015).
City of Tustin 5.7-4
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February 2018
Downtown Commercial Core Specific Plan 5.7 Population and Housing
Jobs -Housing Balance
The jobs -housing ratio is a general measure of the "balance" between the number of jobs and number of
housing units within a geographic area, without regard to economic constraints or individual preferences.
The ratio expresses quantitatively the relationship between the number of people working and number of
dwelling units housing the people living in a given area. Additionally, a well-balanced ratio of jobs and
housing reduces commuting trips because more employment opportunities are closer to residential areas.
Such a reduction in vehicle trips lowers air pollutant emissions (including lower greenhouse gas emissions)
and causes less congestion on area roadways and intersections.
As described above and shown in Table 5.7-5, the City has approximately 26,956 households and
approximately 41,100 jobs, which results in a jobs -to -housing ratio of 1.5 jobs per household; however,
based on the number of City residents in the labor force (43,814) and the number of jobs within the City
(41,100), the City of Tustin is generally balanced with 1.1 ratio of employees to jobs within the City.
As shown in Table 5.7-5 SCAG projects a jobs -to -housing ratio of 2.32 in 2035, which indicates that
employees would be commuting into the City for employment, and that additional housing would improve
the jobs to housing balance within the City.
Table 5.7-5: SCAG Household Projections through 2035
Year
Employment
Household
Jobs -Housing
s
Ratio
2017
41,100
26,956
1.52
City of Tustin
2035
64,600
27,800
2.32
2017
1,532,100
1,030,164
1.49
Orange County
2036
1,870,500
1,135,300
1.65
Sources: California Department of Finance, E-5 Population and Housing Estimates for Cities, Counties
and the State, 2010 — 2017; and SCAG
2016
5.7.4 THRESHOLDS OF SIGNIFICANCE
According to Appendix G of the CEQA Guidelines, a project could have a significant effect on the
environment if the project would:
P-1 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).
P-2 Displace substantial numbers of existing housing, necessitating the construction of replacement
housing elsewhere.
P-3 Displace substantial numbers of people, necessitating the construction of replacement housing
elsewhere?
The Initial Study, included as Appendix A, established that the project would result in less than significant
impacts related to Thresholds P-2 and P-3; no further assessment of these impacts is included in this EIR.
City of Tustin 5.7-5
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Downtown Commercial Core Specific Plan 5.7 Population and Housing
5.7.5 METHODOLOGY
CEQA Guidelines Section 15064(e) states that a social or economic change generally is not considered a
significant effect on the environment unless the changes can be directly linked to a physical adverse
change. CEQA Guidelines Appendix G nevertheless indicates that a project could have a significant effect
if it would induce substantial population growth in an area, either directly (e.g., by proposing new homes
and businesses) or indirectly (e.g., through extension of roads or other infrastructure). As a result, the
analysis of impacts in relation to Threshold P-1 focuses on population growth itself, rather than on the
physical manifestations of population and employment growth, which are analyzed throughout this EIR.
The methodology used to determine population, housing and employment impacts began with data
collection regarding existing population and housing trends, which was obtained from the DOF, SCAG, the
California Employment Development Department, and the 2017 Census Factfinder.
Population impacts are based on an analysis of the number of residents anticipated at build out of the
proposed Specific Plan. The scale of population at build out is then compared with official population
growth forecasts for the project area. Population growth is considered in the context of local and regional
plans that include population projections. The population and growth that would result from implementation
of the Specific Plan was examined in the context of existing and projected population for Orange County
and the City of Tustin. If projected growth within the Specific Plan area would exceed SCAG growth
projections, the resulting growth would be considered "substantial," and a significant impact would result.
5.7.6 ENVIRONMENTAL IMPACTS
IMPACT P-1: THE PROJECT WOULD NOT 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) [THRESHOLD P-11.
Less than Significant Impact.
Residential Development
Build out of the proposed Specific Plan would result in an increase of up to 887 dwelling units (inclusive of
the Vintage Planned Community that includes 140 multi -family residential units). Using an average
household size of 3.04 persons per unit (the DOF 2017 estimate for the City), buildout of the proposed
Specific Plan would result in a population increase of 2,696 residents, which is a citywide increase of 3.3
percent over the 2017 estimated population of 82,372.
As listed previously in Table 5.7-2, SCAG forecasts that Tustin's population will increase by 0.9 percent
between 2017 and 2035. The additional 2,696 residents that would be generated by buildout of the
proposed Specific Plan would exceed the amount of growth anticipated to occur within the City. However,
the SCAG projections are based on the built -out nature of the City, and do not account for the various
underutilized parcels (that account for approximately 10 percent of the developable area within the
Specific Plan area). In addition, the SCAG population projections for the City are inconsistent with the
projected growth in the County as a whole, which is anticipated to be 7.4 percent between 2017 and
2035 (Table 5.7-2).
City of Tustin 5.7-6
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.7 Population and Housing
Further, as shown in Table 5.7-4, SCAG household growth projections estimate that by 2035 the number of
households within the City will grow by 3.1 percent, and that growth within the County will be higher at
10.2 percent. Assuming that the maximum number of residential units in the proposed Specific Plan are
developed and occupied (no vacancy), the 887 additional households that would be generated by the
proposed Specific Plan would result in an increase of 3.3 percent.
While the growth at buildout of the proposed Specific Plan would exceed the City's estimated population
and household growth, the Specific Plan area is urban and largely developed; thus, limited growth was
anticipated in regional projections. Future development pursuant to the Specific Plan would consist mostly
of infill, mixed-use, and redevelopment projects that are market and need dependent. Development that
would occur under the proposed Specific Plan would help the City accommodate and balance the land use
of anticipated growth as opposed to substantially increasing growth.
The residential development that would occur under the proposed project would help to meet housing
demands from projected employment growth in the City while maintaining a healthy vacancy rate. As
further described below, implementation of the proposed Specific Plan would assist to balance the need
for additional housing related to employment growth and to improve the future jobs -to -housing balance.
Non -Residential Development
As described in Section 3.0, Project Description, the proposed Specific Plan anticipates development of
300,000 square feet of non-residential (commercial/office) space from build out of the properties
designated for non-residential uses in the General Plan and Zoning Map in the Specific Plan area. The
Traffic Study (included as Appendix E) that was prepared for the proposed Specific Plan identified the
number of employees that would be generated from development of 300,000 square feet of non-
residential uses using socio-economic data (SED) conversion factors from the Irvine Traffic Analysis Model
(ITAM), which is a subarea model of OCTAM and is consistent with OCTAM. Table 5.7-6 summarizes the
non-residential land use to SED conversion and shows that approximately 840 employees would be
generated from development of 300,000 square feet of non-residential (commercial/office) space.
Table 5.7-6: Employees from Specific Plan Buildout
Description Retail Employees Service Employees Other Employees I Total
SED Conversion Factors' 0.74 0.94 1.12
Total Employees 223 282 335 840
Source: Stantec, 2017. Appendix E.
SED = socio-economic data
1 SED Conversion factors were derived from a mix of land use to SED conversion factors from the Irvine Traffic
Analysis Model (ITAM). Land Use to SED conversion factors for Commercial Retail, Office, and Community Facilities
land uses were used.
The commercial/office uses are anticipated to result in jobs which would be filled by people who would
already be living within Tustin and surrounding communities, and would not induce an unanticipated influx
of new labor into the region. In addition, as described above, the SCAG projections anticipate a 56.8
percent increase in employment in the City by 2035 (an increase of 23,500 over 2017 employment). The
840 jobs anticipated by build out of the proposed Specific Plan would be approximately 3.6 percent of
the anticipated job growth. The Specific Plan provides a land use plan for accommodating a portion of the
SCAG projected employment increase, and therefore, would not substantially induce growth. Overall, the
job growth from build out of the proposed Specific Plan would be less than significant.
City of Tustin 5.7-7
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.7 Population and Housing
Jobs -Housing Ratio
As described above, the City of Tustin currently has a jobs -to -housing ratio of 1.5 jobs per household;
however, SCAG projects a jobs -to -housing ratio of 2.32 in 2035, which indicates that more employees
would be commuting into the City for employment. Build out of the proposed Specific Plan would result in
887 housing units that would assist in improving the jobs to housing ratio. These 840 jobs expected in the
Specific Plan area are included in SCAG projections because the non-residential designated properties in
the Specific Plan area are included in the General Plan, and are not changing with implementation of the
Specific Plan.
Table 5.7-7 compares housing and employment for the City of Tustin, build out of the proposed Specific
Plan, and SCAG's projections for the City. When combined with existing jobs and housing units, the
residential units generated from the proposed project would result in a more balanced ratio of jobs and
housing (1.41) than the existing condition (1.52) and projected condition (2.32). Thus, the housing that
would be accommodated by the proposed Specific Plan would result in a beneficial impact related to the
balance of jobs and housing; and impacts related to the jobs -housing balance from implementation of the
proposed Specific Plan would be less than significant.
Table 5.7-7: City of Tustin Jobs -Housing Balance
Scenario
Employment
Households
Jobs -Housing Ratio
2017
41,100
26,956
1.52
2017 Conditions plus
Project
41,940
29,652
1.41
SCAG 2035 Estimate
1 641600
1 27,800
1 2.32
Source: DOF 2016, SCAG 2016.
MFI = median family income
Construction of projects that would occur as a result of the proposed Specific Plan would include a need
for construction labor. Due to the employment patterns of construction workers in Southern California, and
the large market for construction labor in Orange County, construction workers are not likely to relocate
their households as a consequence of the job opportunities presented by construction projects in the
Specific Plan area. The construction industry differs from most other industry sectors in several important
ways that are relevant to potential impacts on housing:
• There is no regular place of work. Construction workers commute to job sites that change many
times in the course of a year. These often -lengthy daily commutes are made possible by the off-
peak starting and ending times of the typical construction work day.
• Many construction workers are specialized (e.g., crane operators, steel workers, masons), and
move from job site to job site as dictated by the demand for their skills.
• The work requirements of most construction projects are also specialized and workers are
employed on a job site only as long as their skills are needed to complete a particular phase of
the construction process.
It is reasonable to assume that construction workers for developments that would occur pursuant to the
proposed Specific Plan would be drawn from the existing labor force in the surrounding area, and,
because a typical construction worker would be employed at several different construction sites during any
given year, would not relocate their households' places of residence as a consequence of working at a
City of Tustin 5.7-8
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February 2018
Downtown Commercial Core Specific Plan 5.7 Population and Housing
particular construction site in the city of Tustin. Therefore, construction related employment that would be
generated from implementation of the proposed Specific Plan would be less than significant.
5.7.7 CUMULATIVE IMPACTS
Less than Significant Impact. The geographic context for an analysis of cumulative impacts would be
Orange County. The proposed Specific Plan would result in development of new land uses that would, in
combination with other cumulative development in the area, increase population, housing, and employment
in Orange County. However, SCAG's population, housing, and employment forecasts take into account all
past, present, and reasonably foreseeable future development projects. Because the proposed Specific
Plan is within SCAG growth forecasts for the County, cumulative development would not result in a
significant cumulative impact to which the proposed Specific Plan might contribute. Thus, cumulatively
considerable impacts related to inducement of substantial growth would not occur.
5.7.8 EXISTING REGULATIONS, STANDARD CONDITIONS, AND
PLANS, PROGRAMS, OR POLICIES
There are no existing Standard Conditions or Plans, Programs, or Policies related to population and
housing.
5.7.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Less than Significant Impact. Impacts related to population and housing would be less than significant and
no mitigation is required.
5.7.10 MITIGATION MEASURES
No mitigation measures are required.
5.7.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Less than Significant Impact. No significant unavoidable adverse impacts related to population and
housing have been identified and impacts would be less than significant.
REFERENCES
California Department of Finance (DOF). 2012, November. Report E-4: Population Estimates for Cities,
Counties, and the State, 2001-2010, with 2000 & 2010 Census Counts.
http://www.dof.ca.gov/research/demographic/reports/estimates/e-4/2001-10/view.php.
2017a. Report E-1: Population Estimates for Cities, Counties, and the State, January 1, 2017 and
2017. http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-1/.
2017b. Report E-5: Population and Housing Estimates for Cities, Counties, and the State, January
1, 2011-2017, with 2010 Benchmark.
http://www.dof.ca.gov/Forecasting/Demographics/Estimates/E-5/.
Southern California Association of Governments (SCAG). 2016, April. Final 2016 Regional Transportation
Plan/Sustainable Communities Strategy. http:// scagrtpscs.net/Pages/FINAL2016RTPSCS.aspx.
City of Tustin 5.7-9
Draft EIR
February 2018
Downtown Commercial Core Specific Plan
2001. Employment Density Study. www.mwcog.Org/uploads/committee-
documents/YVSWXFhW201 10503134223.pdf
5.7 Population and Housing
Tustin, City of. 2013, October. Tustin General Plan Housing Element.
http://www.tustinca.org/departments/commdev/housing ElementUpdate.htmi.
Weitz, Jerry. 2003. Jobs -Housing Balance. Planning Advisory Service Report Number 516. American
Planning Association.
City of Tustin 5.7-10
Draft EIR
February 2018
5.8 Recreation
5.8.1 INTRODUCTION
This EIR Section describes the availability of and anticipated demand on parks and recreation
opportunities proximate to the Specific Plan area and identifies and addresses potential impacts from
implementation of the Specific Plan related to recreational facilities.
5.8.2 REGULATORY SETTING
City of Tustin General Plan
The following goals and policies contained in the Open Space/Conservation/Recreation Element are
relevant to the proposed project:
Goal 14: Encourage the development and maintenance of a balanced system of public and private parks,
recreation facilities, and open spaces that serves the needs of existing and future residents in the City of
Tustin.
Policy 14.1: Provide Tustin with a full range of recreational and leisure opportunities that reflect the
community's current and future population size and demographic character
Policy 14.8: Encourage and, where appropriate, require the inclusion of recreation facilities and open
space within future residential, industrial and commercial developments.
Policy 14.12: Ensure that the City's laws and related implementation tools relating to park dedication and
development (e.g., ordinances, regulations, in -lieu fee schedules, etc.) reflect current land and construction
costs, and are, in fact, providing adequate park land and facilities concurrent with population growth.
Tustin City Code
Article 9, Chapter 3, Part 3, Section 9331(d) discusses parkland dedications and development fees for
subdivisions. To adhere to the policies and standards for parks and recreational facilities set forth in the
General Plan Open Space/Conservation/Recreation Element, project proponents may dedicate land or
pay a fee in lieu or a combination of both. A park fee is required when: 1. there is no public park or
recreational facility required within the proposed subdivision; 2. the subdivision is less than 50 parcels; or
3. the project is a conversion of an existing apartment complex to multiple -owner occupancy. For
subdivisions of 50 parcels or less, a project proponent may pay a fee in lieu of land dedication. The Tustin
City Code permits the voluntary dedication of land for park and recreation purposes in subdivisions of 50
parcels or less. Dedication of land may be required by the City for a condominium, stock cooperative, or
community apartment project which exceeds 50 dwelling units, regardless of the number of parcels. The
land and fees must be used "only for the purpose of providing park and recreational facilities to serve the
area from which received, and the location of the land and amount of fees shall bear a reasonable
relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision,
the community, and the general area from which it is received."
City of Tustin 5.8-1
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Downtown Commercial Core Specific Plan 5.8 Recreation
5.8.3 ENVIRONMENTAL SETTING
Regional
The Orange County Parks and Recreation Department (OC Parks) operates and maintains 39,000 acres of
regional park facilities and open space. The Orange County Parks Strategic Plan (October 2007) notes
that regional resources include 32,000 acres in 25 urban and wilderness parks, 7 miles of beaches and
coastal facilities, 7 regional historic sites and parks, archeological and paleontological collections, 7,000
acres of open space lands, and 230 miles of regional riding and hiking trails. Regional County
recreational facilities near the Specific Plan area include Peters Canyon Regional Park, located
approximately 2.5 miles to the northeast, and Mason Regional Park, approximately 5.5 miles to the south.
Local
The City of Tustin Parks and Recreation Department operates and maintains approximately 1 13.5 acres of
park and recreation facilities, inclusive of approximately 106.7 -acres of existing public park, as identified
in Table 5.8-1, City of Tustin Parks. One 5.5 -acre community park, Peppertree Park, is located within the
Specific Plan area. Additionally, the Tustin Legacy Linear Park is under construction, and the Veterans
Sports Park at Tustin Legacy is expected to start construction in 2018. The Tustin Legacy Specific Plan
identifies 33 acres of existing parks and an additional 230 acres of future parks to be developed within
its boundaries (Tustin Legacy Specific Plan, 2017). Typical of older communities that were established
prior to the establishment of parkland requirements, the Open Space/ Conservation/ Recreation Element
of the General Plan has identified a parkland deficiency.
The City's General Plan categorizes the different types of parks based on size and amenities. The
General Plan identifies the following types of parks:
Parkettes: Parkettes are small, passive, local parks, generally less than one acre in size. They usually
feature play apparatus, paved areas, benches, and landscape treatment. They may also feature
children's play areas, quiet game areas, and sports activities such as multi-purpose courts, if space allows.
Neighborhood Park: All neighborhood parks should contain some area for active recreation depending on
the size of the park. A neighborhood park site also needs to include amenities such as trees, shrubs,
groundcover, turf areas, benches, trash receptacles, picnic tables, shade structures, and paved or
decomposed -granite trails. The standard minimum size is three acres.
Community Park: Community parks are intended to serve an approximate population of 10,000 persons.
Community parks should contain space for active recreational facilities such as game fields, game courts,
swimming pools or aquatic center, and play areas as well as community centers, on-site parking, restrooms,
and picnic areas.
School Playgrounds/Joint Agreements: The City includes school recreational facilities in which the City has a
joint use agreement with the School District to meet the overall standard of 3 acres per 1,000 population.
City of Tustin 5.8-2
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Downtown Commercial Core Specific Plan 5.8 Recreation
Table. 5.8-1: City of Tustin Parks
City of Tustin 5.8-3
Draft EIR
February 2018
Approximate
Distance from
Size
Name
Location
Specific Plan Area i
(acre)
Amenities
Pine Tree Park
1402 Bryan Ave.
.7 mile
4.2
Picnic Shelter, Sand Volleyball Pit,
Playground Equipment, Restrooms
Shaded Picnic Area, Frisbee Golf
Frontier Park
1400 Mitchell Ave.
1 mile
4.5
Course, Outdoor Fitness Equipment,
Playground Equipment, Water Feature
Play Area, Restrooms
Camino Real
13602 Parkcenter Ln.
1.6 miles
4.3
Picnic Shelter, Stage, Basketball Court
Park
(unlit), Playground Equipment, Restrooms
Shaded Picnic Area, Sand Volleyball
Pit, 2 Half -Court Basketball Courts
Centennial Park
14722 Devonshire Ave.
1.8 miles
8.0
(unlit), Horseshoe Pit, Playground
Equipment, Restrooms
McFadden —
Pasadena
17092 Medallion Ave.
1.1 mile
0.4
Playground and Climbing Structure
Pa rkette
Magnolia Tree
Picnic Shelter, 3 Tennis Courts (lighted),
2274 Fig Tree Dr.
2.3 miles
4.2
Half -Court Basketball Court,
Park
Playground Equipment, Restrooms
Peppertree
Within Specific Plan
Picnic Shelter, Horseshoe Pit, Youth
230 W. 1st St.
5.5
Softball Diamond, On-site Parking,
Park
area.
Restrooms
Shaded Group Picnic Areas, Youth
Heritage Park
2350 Kinsman Circle
1.8 miles
5.0
Roller Hockey Rink, Basketball Courts,
Playground Equipment, Restrooms
Picnic Shelter, 4 Softball Diamonds
Columbus Tustin
14712 Prospect Ave.
.5 mile
13.0
(lighted), Universally Accessible
Park
Playground Equipment, 4 Tennis Courts
(lighted), On-site Parking, Restrooms
Laurel Glen
Playground Equipment, Fitness Stations,
13301 Myford Rd.
2.1 miles
3.0
'/4 -mile Walking/Running Path, Minimal
Park
On -street Parking, Restrooms
Picnic Shelter, 6 Tennis Courts (lighted),
2 Basketball Courts (lighted),
Tustin Sports
12850 Robinson Dr.
2.6 miles
20.0
Playground Equipment, Food
Park
Concession, Multi -use Trail, 3 Ball
Diamonds (lighted), 2 Multi -use Play
Fields, On-site Parking, Restrooms
Picnic Shelter, Playgrounds, Reflection
Victory Park
3300 Park Ave.
3.9 miles
4.8
Area, Large Turf Area, On-site Parking,
Restrooms
Picnic Shelter, Playground Equipment,
Citrus Ranch
Walking Trail, Hilltop Gazebo, Lemon
Park
2910 Portola Pkwy.
3.4 miles
17.0
Tree Orchard, Plaza Area, 8 Picnic
Pods with Barbeques, On -Site Park,
Restrooms
City of Tustin 5.8-3
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February 2018
Downtown Commercial Core Specific Plan 5.8 Recreation
5.1.4 THRESHOLDS OF SIGNIFICANCE
Appendix G of the State CEQA Guidelines indicates that a project could have a significant effect if the
project would:
REC-1 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.
REC-2 Include recreational facilities or requires the construction or expansion of recreational
facilities which might have an adverse physical effect on the environment.
The Initial Study, included as Appendix A, substantiated that Thresholds REC-1 and REC-2 would have less
than significant impacts, however, these impact areas have been carried forward from the Initial Study for
further analysis in this EIR.
5.1.5 METHODOLOGY
This analysis is based on a review of public information about Orange County and City of Tustin parks and
recreational facilities. The analysis considers the increase in use of parks and recreation facilities that
would result from the increased development intensity from the proposed project, along with the ability of
existing park and recreation facilities to accommodate the increased use. The analysis considers whether
an increase in use would result in the substantial physical deterioration of existing recreational facilities,
such as accelerated wear on sports facilities and fields, or in the need for new or expanded facilities.
5.1.6 ENVIRONMENTAL IMPACTS
IMPACT REC-1: IMPLEMENTATION OF THE SPECIFIC PLAN COULD 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 [THRESHOLD REC-11.
City of Tustin 5.8-4
Draft EIR
February 2018
Approximate
Distance from
Size
Name
Location
Specific Plan Area i
(acre)
Amenities
Picnic Shelter, Nature Trail and
Regional Trail Access, 2 Half -Court
Cedar Grove
1 1385 Pioneer Rd.
3.8 miles
9.7
Basketball Courts (lighted), Interpretive
Park
Displays, Outdoor Fitness and
Playground Equipment, Amphitheater,
On-site Parking, Restrooms
Picnic Shelter, Playground Equipment,
Pioneer Road
Half -Court Basketball Courts, Grass
Park
10250 Pioneer Rd.
5.1 miles
3.1
Volleyball Court, Barbeque, Walking
Trail, Water Feature Play Area,
Restrooms
1. From the intersection of Prospect Ave. and Main Street, the approximate mid -point of the Specific Plan area
(shortest walking/driving distance).
Source: http://www.tustinca.org/depts/parks/info/default.asp., 2018.
5.1.4 THRESHOLDS OF SIGNIFICANCE
Appendix G of the State CEQA Guidelines indicates that a project could have a significant effect if the
project would:
REC-1 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.
REC-2 Include recreational facilities or requires the construction or expansion of recreational
facilities which might have an adverse physical effect on the environment.
The Initial Study, included as Appendix A, substantiated that Thresholds REC-1 and REC-2 would have less
than significant impacts, however, these impact areas have been carried forward from the Initial Study for
further analysis in this EIR.
5.1.5 METHODOLOGY
This analysis is based on a review of public information about Orange County and City of Tustin parks and
recreational facilities. The analysis considers the increase in use of parks and recreation facilities that
would result from the increased development intensity from the proposed project, along with the ability of
existing park and recreation facilities to accommodate the increased use. The analysis considers whether
an increase in use would result in the substantial physical deterioration of existing recreational facilities,
such as accelerated wear on sports facilities and fields, or in the need for new or expanded facilities.
5.1.6 ENVIRONMENTAL IMPACTS
IMPACT REC-1: IMPLEMENTATION OF THE SPECIFIC PLAN COULD 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 [THRESHOLD REC-11.
City of Tustin 5.8-4
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Downtown Commercial Core Specific Plan 5.8 Recreation
IMPACT REC-2: IMPLEMENTATION OF THE SPECIFIC PLAN COULD INCLUDE RECREATIONAL
FACILITIES OR REQUIRE THE CONSTRUCTION OR EXPANSION OF RECREATIONAL
FACILITIES WHICH MIGHT HAVE AN ADVERSE PHYSICAL EFFECT ON THE
ENVIRONMENT [THRESHOLD REC-2].
Less than Significant with Mitigation.
Existing and future residents and employees within the Specific Plan area are within a 10 -minute walking
distance of 18.5 acres of community parks (Peppertree Park and Columbus Tustin Park). As described in
Chapter 3, Project Description, the Specific Plan includes conceptual plans to install public parklets within
the rights-of-way along EI Camino Real, and on Main Street at the northern entrance to Tustin Plaza, that
would consist of bulb -outs with enhanced paving and low walls to create public gathering or seating areas
adjacent to the sidewalk. Although the current focus is to implement parklets on EI Camino Real and Main
Street within the heart of Old Town, expansion of the network of parklets to other areas within the
Downtown Commercial Core is envisioned and encouraged. In addition, pocket parks that would contain
pedestrian amenities such as seating, shade, trash/recycle receptacles, and lighting are opportunities
through public-private partnerships that the Specific Plan encourages.
The Specific Plan area would have an estimated buildout of approximately 887 additional residential
units (primarily integrated mixed-use development) and 300,000 additional square feet of non-residential
uses. At buildout, the Specific Plan could generate approximately 2,696 new residents (based on 3.04
persons per unit) and 840 new employees (See Table 5.7-6: Employees from Specific Plan Buildout) within
the boundaries of the proposed Specific Plan area. This population increase would result in an increased
use of existing and planned City parks and recreational facilities.
In accordance with the Quimby Act, a jurisdiction may establish a parkland dedication standard based on
its existing parkland ratio, provided required dedications do not exceed 5 acres per 1,000 persons. The
City's parkland dedication requirements of 3 acres per 1,000 residents is the same as the Quimby Act.
For purposes of assessing impacts related to parkland dedication, the City does not use the 3.04 persons
per unit metric used in other sections of this EIR. Instead, the City identifies parkland acreage requirements
by multiplying the number of dwelling units by the parkland acres per unit based on the established
density categories, as outlined in the Tustin City Code (Article 9, Chapter 3, Part 3, Section 9331 [d]). The
Specific Plan does not establish density ranges. Because the Project proposes multi -family residential
development and encourages it to be provided in a mixed-use setting, this EIR Section uses the 15.1 to 25
dwelling units per gross acre category in the Tustin City Code which assumes 2.24 persons per unit or
0.0067 acre of parkland per unit. If future residential units were subject to the Quimby Act (because of a
subdivision), the total amount of new parkland would be approximately 5.01 acres'. The Tustin City Code
also notes that dedication of land may be required by the City for a condominium, stock cooperative, or
community apartment project which exceeds 50 dwelling units, regardless of the number of parcels.
Therefore, the City may require the dedication of land regardless of where the future residential
development is located within the Specific Plan area.
General Plan Conservation/Open Space/Recreation Policies 14.6 and 18.4 encourage future parks to be
designed as joint -use facilities with public schools to reduce overall operations and maintenance costs. A
source of additional funding for the maintenance and construction of new parks and recreation facilities is
the City's General Fund, including property taxes collected from residents.
Because future residential development within the Specific Plan area may not be subject to the Quimby Act
or the parkland dedication or in lieu fee payment requirements in the subdivision provisions of the Tustin
City Code, future development projects could cumulatively contribute to the parkland deficiency identified
' Excluding the parkland provided by the 140 multi -family dwelling unit Vintage Planned Community project.
City of Tustin 5.8-5
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.8 Recreation
in the City's General Plan. Mitigation Measure REC-1 requires new residential dwelling units within the
Specific Plan area that would not be subject to Tustin City Code Article 9, Chapter 3, Part 3, Section
9331(d) (Parkland Dedication) pay the parkland dedication and development fee provisions set forth in
the Tustin City Code. Implementation of the Tustin City Code and Mitigation Measure REC-1 would result in
fees that will be used to acquire land for and/or construct park and recreational facilities to serve future
residents within the Specific Plan area and fully mitigate potential significant impacts.
5.8.7 CUMULATIVE IMPACTS
Less than Significant with Mitigation. The geographic area in which cumulative impacts to recreation
could occur are the nearby locations within portions of the City of Tustin and Orange County that the
residents from the project would recreate a majority of the time. Recreational needs of the future residents
within the proposed project area and other cumulative development within the City of Tustin would add to
local and regional demand for parks and recreation opportunities. However, each project within the City is
required to comply with the City's parkland dedication requirements as contained in the Tustin City Code
Article 9, Chapter 3, Part 3, Section 9331(d) (Parkland Dedication). As a result, new parks and trails
would be developed as residential development occurs. PPP REC-1 and Mitigation Measure REC-1 would
mitigate potential cumulative impacts and the proposed project would not contribute to a cumulatively
considerable impact related to recreation. Cumulative impacts related to recreation would be less than
significant.
5.8.8 EXISTING REGULATIONS, STANDARD CONDITIONS, AND
PLANS, PROGRAMS, OR POLICIES
Existing Regulations
• City of Tustin General Plan Open Space/Conservation/Recreation Element
• City of Tustin City Code
o Article 9, Chapter 3, Part 3, Section 9331
Plans, Program and Policies (PPPs) and Standard Conditions
The following Plans, Programs, and Policies (PPP)related to recreation are incorporated into the project
and would reduce impacts related to recreation. These actions will be included in the project's mitigation
monitoring and reporting program:
• PPP REC-1: Prior to the approval of the final map for subdivisions under the Specific Plan,
applicants shall comply with the City of Tustin Subdivision Code (Article 9, Chapter 3, Part 3,
Section 9331 of the Tustin City Code). Developers may dedicate land or pay a fee in lieu or a
combination of both. The value of the amount of such fee shall be based upon the fair market
value of the amount of land which would otherwise be required for dedication. Dedication of land
may be required by the City for a condominium, stock cooperative, or community apartment
project which exceeds 50 dwelling units.
5.8.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Significant Impact. Upon implementation of regulatory requirements, Impacts REC-1 and REC-2 would be
significant.
City of Tustin 5.8-6
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Downtown Commercial Core Specific Plan 5.8 Recreation
5.8.10 MITIGATION MEASURES
Mitigation Measure REC-1: For residential projects not subject to City of Tustin Subdivision Code (Article 9,
Chapter 3, Part 3, Section 9331 of the Tustin City Code), applicants shall pay a parkland development
fee to the City of Tustin prior to the issuance of building permits. The value of the amount of such fee shall
be based upon the fair market value of the amount of land which would otherwise be required for
dedication.
5.8.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Less than Significant. To reduce impacts associated with Impact REC-1 and REC-2, Mitigation Measure
REC-1 is included and PPP REC-1 is identified to ensure that parkland dedication and development fee
provisions set forth in the Tustin City Code apply to all new residential dwelling units within the Specific
Plan area. Implementation of mitigation measure REC-1 and PPP REC-1 would reduce potential impacts
related to recreation to a less than significant level.
REFERENCES
Orange, County of. 2007. Orange County Parks Strategic Plan.
http://www.ocparks.com/about/plan/2007—strategic
Tustin, City of. 2017. Tustin City Code. Accessed at:
https://Iibrary.municode.com/ca/tustin/codes/code_of_ordinances?nodeld= l 1307
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5.9 Transportation and Circulation
5.9.1 INTRODUCTION
This section describes the existing transportation and circulation conditions, criteria for the level of service,
and impacts from implementation of the proposed Specific Plan. As necessary, mitigation measures for
significant transportation and circulation impacts resulting from the construction and operation of the
proposed Specific Plan are also included. The proposed Specific Plan's impacts are analyzed in the
context of existing (2016) and future buildout (2035) conditions. This analysis is based on information
contained in the Traffic Study by Stantec in 2017, which is included as Appendix E.
5.9.2 REGULATORY SETTING
Congestion Management Program
In 1990, the California Legislature enacted the Congestion Management Program (CMP) to implement
Proposition 111, a state-wide transportation funding proposal that required local governments to
implement mitigation measures to offset the impacts from new development on the regional transportation
system. The CMP addresses the impact of local growth on the regional transportation system; the goal is to
examine the interactions among land use, transportation, and air quality and to make decisions at the
regional and local level in consideration of these interactions.
When Level of Service (LOS) requirements are not maintained on portions of the CMP highway and
roadway system, a deficiency plan is required that analyzes the cause of the deficiency and the
implementation costs of various alternatives such as roadway modifications, programs, or actions to
measurably improve performance. Highways must maintain at least LOS E, which is essentially one grade
better than gridlock and is defined by a level of service where traffic flow fluctuates in terms of speed
and flow rates, operating speeds average 35 miles per hour, and delays are significant. For arterial
streets, LOS E occurs where long queues of vehicles are waiting upstream of an intersection and it may
take several signal cycles for a vehicle to clear the intersection. A jurisdiction failing to comply with the
CMP may have its allocation of the State gas tax withheld.
Senate Bill 743
On September 27, 2013, Senate Bill (SB) 743 was signed into State law. The California legislature found
that with the adoption of the Sustainable Communities and Climate Protection Act of 2008 (SB 375), the
state had signaled its commitment to encourage land use and transportation planning decisions and
investments that reduce vehicle miles traveled (VMT) and thereby contribute to the reduction of greenhouse
gas (GHG) emissions, as required by the California Global Warming Solutions Act of 2006 (AB 32).
SB 743 started a process that could fundamentally change transportation impact analysis as part of CEQA
compliance. These changes will include the elimination of auto delay, LOS, and similar measures of
vehicular capacity or traffic congestion as the basis for determining significant impacts in many parts of
California (if not statewide). As part of the new CEQA Guidelines, the new criteria "shall promote the
reduction of greenhouse gas emissions, the development of multimodal transportation networks, and a
diversity of land uses" (Public Resources Code Section 21099[b][1 ]). On January 20, 2016, the Governor's
Office of Planning and Research released revisions to its proposed CEQA guidelines for the
implementation of SB 743. Final review and rulemaking for the new guidelines are ongoing. Once the
City of Tustin 5.9-1
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Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
guidelines are prepared and certified, "automobile delay, as described solely by level of service of
similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on
the environment" (Public Resources Code Section 21099[b][2]). Since the Governor's Office of Planning
and Research has not yet amended the CEQA Guidelines to implement this change, automobile delay is
still considered a significant impact, and the City of Tustin continues to use the established LOS criteria.
SCAG 2016 - 2040 Regional Transportation Plan/Sustainable Communities Strategy
On April 7, 2016 SCAG's Regional Council adopted the 2016-2040 Regional Transportation
Plan/Sustainable Communities Strategy (2016 RTP/SCS) and the goals relevant to the proposed Specific
Plan are listed below:
Goals
1. Align the plan investments and policies with improving regional economic development and
competitiveness.
2. Maximize mobility and accessibility for all people and goods in the region.
3. Ensure travel safety and reliability for all people and goods in the region.
4. Preserve and ensure a sustainable regional transportation system.
5. Maximize the productivity of our transportation system.
6. Protect the environment and health of our residents by improving air quality and encouraging active
transportation (e.g., bicycling and walking).
7. Actively encourage and create incentives for energy efficiency, where possible.
8. Encourage land use and growth patterns that facilitate transit and active transportation.
Orange County Congestion Management Plan
The Orange County CMP was established in 1991 to reduce traffic congestion and to provide a
mechanism for coordinating land use and development decisions. Compliance with the CMP requirements
ensures a city's eligibility to compete for the State gas tax funds for local transportation projects.
As part of the CMP, a CMP Highway Network was identified for Orange County that consists of Orange
County's State highway system, and highway and arterials from OCTA's Smart Street network. OCTA has
implemented an Intersection Capacity Utilization (ICU) monitoring method, developed with technical staff
members from local and State agencies, for measuring the LOS at CMP Highway System (CMPHS)
intersections.
The CMP requires that a traffic impact analysis be conducted for any project generating 2,400 or more
daily trips, or 1,600 or more daily trips for projects that directly access the CMPHS. Per the CMP
guidelines, this number is based on the desire to analyze any impacts that comprise 3 percent or more of
the existing CMP highway system facilities' capacity. Therefore, the CMP traffic impact analysis
requirements relate only to the designated CMP highway system. Within the defined CMP highway
network, CMPHS intersections are not allowed to deteriorate to a condition which is worse than LOS E or
the base year LOS, if worse than E, without mitigation being prescribed in an acceptable deficiency plan.
None of the intersections in the traffic study area for the proposed Specific Plan are designated as a CMP
intersection.
City of Tustin General Plan Circulation Element
The City of Tustin Circulation Element governs the long-term mobility system in the City, and includes goals
and policies that are intended to balance the City's future growth and land use development, roadway
City of Tustin 5.9-2
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
size, traffic service levels, and community character. Applicable Circulation Element policies that are
relevant to the proposed Specific Plan include the following.
Goal 1: Provide a system of streets that meets the needs of current and future inhabitants and
facilitates the safe and efficient movement of people and goods throughout the City
consistent with the City's ability to finance and maintain such a system.
Policy 1.10: Require that proposals for major new developments include a future traffic impact analysis
which identifies measures to mitigate any identified project impacts.
Policy 1.11: Encourage new development which facilitates transit services, provides for non -vehicular
circulation and minimizes vehicle miles traveled.
Policy 1.12: Minimize pedestrian and vehicular conflicts through street design and well -marked
pedestrian crossings.
Goal 6: Increase the use of non -motorized modes of transportation.
Policy 6.1: Promote the safety of pedestrians and bicyclists by adhering to uniform standards and
practices, including designation of bicycle lanes, off-road bicycle trails, proper signage, and
adequate sidewalk, bicycle lane, and off-road bicycle trail widths.
Policy 6.12: Provide for a non -vehicular circulation system that encourages bicycle transportation and
pedestrian circulation.
5.9.3 ENVIRONMENTAL SETTING
Existing Roadway Network
The Specific Plan area is generally bounded by Interstate 5 (1-5), State Route 55 (SR -55), Newport
Avenue and First Street. It is bisected by Main Street and First Street as the primary east -west streets and
B Street and EI Camino Real as the primary north -south streets. As shown in Figure 5.9-1, Traffic Study Area
Map, the traffic study area for the proposed Specific Plan includes 24 intersections; 22 of which are under
the City of Tustin's jurisdiction and 2 are under California Department of Transportation (Caltrans)
jurisdiction. As shown on Table 5.9.1 below, only one location (Newport at 1-5 NB On -Ramp) currently
operates at an unacceptable LOS, which occurs in the a.m. peak hour.
Table 5.9.1: Existing Conditions Intersection LOS Summary
Intersection
Jurisdiction
AM Peak Hour
ICU/Dela s LOS
PM Peak Hour
ICU/Dela s LOS
1. Tustin at4th
Tustin
0.59
A
0.75
C
2. Yorba at Irvine
Tustin
0.58
A
0.57
A
3. B at Irvine
Tustin
0.55
A
0.43
A
4. Prospect at Irvine
Tustin
0.64
B
0.70
B
5. Newport at Irvine
Tustin
0.71
C
0.69
B
6. Tustin at 1 st
Tustin
0.39
A
0.48
A
7. Yorba/Pacific at 1 st
Tustin
0.40
A
0.51
A
8. B at 1st
Tustin
0.37
A
0.45
A
9. C at 1st
Tustin
0.34
A
0.41
A
10. EI Camino Real at 1st
Tustin
0.37
A
0.45
A
11. Prospect at 1 st
Tustin
0.45
A
0.54
A
12. Newport at 1 st
Tustin
0.55
A
0.58
A
13. C at 2nd
Tustin
0.11
A
0.12
A
14. Prospect at 2nd
Tustin
1 0.17
A
0.23
A
City of Tustin 5.9-3
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
Intersection
Jurisdiction
AM Peak Hour
ICU/Dela s LOS
PM Peak Hour
ICU/Dela s LOS
15. C at 3rd
Tustin
0.08
A
0.22
A
16. Prospect at 3rd
Tustin
0.19
A
0.25
A
17. EI Camino Real at Main
Tustin
0.57
A
0.61
B
18. Prospect at Main
Tustin
0.42
A
0.56
A
19. Newport at Main
Tustin
0.60
A
0.55
A
20. EI Camino Real at 6th
Tustin
0.43
A
0.48
A
21. Newport at 6th
Tustin
0.49
A
0.37
A
22. Newport at EI Camino Real
Tustin
0.72
C
0.60
A
23. Newport at 1-5 NB On -Ramp
Caltrans
124.8
F
20.2
C
24. Newport at Nisson
Caltrans
17.3
B
19.9
B
Sources: Stantec, 2017, Appendix E.
ICU - intersection capacity utilization, (s) - seconds
Bold denotes a peak hour deficiency.
Transit Services
The Orange County Transportation Authority (OCTA) provides bus service within Orange County including
the City of Tustin. The following routes serve the Specific Plan area: Route 60, Route 64, Route 71, Route
and 79, as shown on Figure 5.9-2, Transit Stop Locations. These routes primarily serve stops on First Street
and Newport Avenue, although there are several bus stops on Centennial Way near City Hall. The most
heavily utilized bus stops are located near the intersection of First Street and Newport Avenue.
Pedestrian and Bicycle Facilities
The Specific Plan currently only includes one Class I bicycle facility on Newport Avenue. However; there
are extensive pedestrian facilities proposed throughout the Specific Plan area. The majority of
intersections have designated crosswalks on more than one leg of the intersection, and bulb -outs are
recommended to reduce pedestrian crossing distance and time at intersections along Main Street, First
Street, Second Street and Third Street within the Specific Plan area. .
5.9.4 THRESHOLDS OF SIGNIFICANCE
Appendix G of State CEQA Guidelines indicates that a project could have a significant effect if it were to:
TR -1 Conflict with an applicable plan, ordinance or policy establishing measures of
effectiveness for the performance of the circulation system, taking into account all modes
of transportation including mass transit and non -motorized travel and relevant components
of the circulation system, including but not limited to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and mass transit;
TR -2 Conflict with an applicable congestion management program, including, but not limited to,
level of service standards and travel demand measures, or other standards established by
the county congestion management agency for designated roads or highways;
TR -3 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;
TR -4 Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm equipment);
TR -5 Result in inadequate emergency access; or
City of Tustin 5.9-4
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
TR -6 Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the performance or safety of such facilities.
The Initial Study, included as Appendix A, established that the project would not result in impacts related
to Thresholds TR -3, TR -4, and TR -5. These impacts will not be addressed in the following analysis.
Intersection Thresholds
Per the City General Plan, the City seeks to achieve or maintain a LOS D standard at all intersections. For
a LOS worse than LOS D (i.e., ICU greater than an 0.90), mitigation of the project contribution is required
to bring the intersection back to no -project conditions or better if the project contribution to the ICU is 0.02
or greater.
For ramp intersections maintained by Caltrans, no specific performance criterion has been set by Caltrans.
The "Caltrans Guide for the Preparation of Traffic Impact Studies (December 2002)" states that "Caltrans
endeavors to maintain a target LOS at the transition between LOS C and LOS D on State highway
facilities;" however, Caltrans acknowledges that it may not always be feasible and recommends that the
lead agency consult with Caltrans to determine the appropriate target LOS. The Caltrans guidelines state
that if an existing State highway facility is operating worse than the appropriate target LOS, the existing
measure of effectiveness (MOE) should be maintained. For this analysis, the City's LOS D threshold is
applied to the Caltrans intersections for consistency with the City's threshold. Table 5.9-2 details the delays
that define each LOS.
Table 5.9-2: Intersection Level of Service Ranges (ICU and HCM Delay)
Level of Service (LOS)
Intersection Capacity
Utilization ICU
Highway Capacity Manual (HCM) Average
Delay for Signalized Intersections
HCM Average Delay for
Unsi nalized Intersections
A
0.00-0.60
0.00 -10.0 seconds
0.00 -10.0 seconds
B
0.61 -0.70
10.1 - 20.0 seconds
10.1 -15.0 seconds
C
0.71 -0.80
20.1 - 35.0 seconds
15.1 - 25.0 seconds
D
0.81 -0.90
35.1 - 55.0 seconds
25.1 - 35.0 seconds
E
0.91 -1.00
55.1 - 80.0 seconds
35.1 - 50.0 seconds
F
Above 1.00
Above 80.0 seconds
Above 50.0 seconds
Sources: Stantec, 2017, Appendix
E.
5.9.5 METHODOLOGY
This analysis focuses on the nature and magnitude of the change in the transportation and circulation
environment due to implementation of the proposed Specific Plan, based on the maximum development
assumptions outlined in Section 3.4.1, Project Description. This evaluation of the significance of potential
impacts related to transportation and circulation has been prepared in accordance with the CMP and the
Caltrans Guide for the Preparation of Traffic Impact Studies (December 2002). Trips generated by the
Specific Plan's proposed land uses have been estimated using the Orange County Transportation Analysis
Model (OCTAM).
City of Tustin 5.9-5
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
This page intentionally left blank.
City of Tustin 5.9-6
Draft EIR
February 2018
FIRST ST
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This page intentionally left blank.
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Legend
Project Area Bus Stop
60,64 OCTA Bus Routes Serving Stop
Figure 5.9-2: Transit Stop Locations
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
This page intentionally left blank.
City of Tustin 5.9-10
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
5.9.6 ENVIRONMENTAL IMPACTS
IMPACT TR -1: THE PROJECT WOULD CONFLICT WITH AN APPLICABLE PLAN, ORDINANCE OR
POLICY ESTABLISHING MEASURES OF EFFECTIVENESS FOR THE PERFORMANCE OF
THE CIRCULATION SYSTEM, TAKING INTO ACCOUNT ALL MODES OF
TRANSPORTATION INCLUDING MASS TRANSIT AND NON -MOTORIZED TRAVEL AND
RELEVANT COMPONENTS OF THE CIRCULATION SYSTEM, INCLUDING BUT NOT
LIMITED TO INTERSECTIONS, STREETS, HIGHWAYS AND FREEWAYS, PEDESTRIAN
AND BICYCLE PATHS, AND MASS TRANSIT [THRESHOLD TR -1 ]; AND
IMPACT TR -2: THE PROJECT WOULD CONFLICT WITH AN APPLICABLE CONGESTION
MANAGEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, LEVEL OF SERVICE
STANDARDS AND TRAVEL DEMAND MEASURES, OR OTHER STANDARDS
ESTABLISHED BY THE COUNTY CONGESTION MANAGEMENT AGENCY FOR
DESIGNATED ROADS OR HIGHWAYS [THRESHOLD TR -2].
Significant and Unavoidable Impact. The proposed Specific Plan anticipates development of up to 887
dwelling units and 300,000 square feet of non-residential development through the year 2035. The
Specific Plan has identified the anticipated number of dwelling units within each Development Area (DA)
identified by the Specific Plan, but also allows for a shift of units between DA's up to a maximum increase
of 25 percent. The traffic analysis below evaluates the maximum anticipated impact; and therefore,
evaluates the maximum allowable unit increase that could occur with a transfer of units within each DA.
As detailed further in Section 3.0, Project Description, the proposed Specific Plan includes conceptual
changes to Main Street, First Street, Second Street, and Third Street, as summarized below.
• First Street — Newport Avenue to just east of State Route 55 (SR -55) freeway bridge: Change
from four travel lanes with on -street parking to two travel lanes with a median turn lane, diagonal
parking and bike lanes. The City General Plan Circulation Element would need to be revised to
reflect this change.
• Second Street — C Street to Prospect Avenue: Change from a two-lane/two-way street with
parallel parking to a single lane/one-way street (eastbound) with diagonal parking.
• Third Street — C Street to Prospect Avenue: Change from a two-lane/two-way street with parallel
parking to a single lane/one-way street (westbound) with diagonal parking.
• Main Street — Newport Avenue to just west of Williams Street: Change from a two-lane street
(west of Library) and a four -lane street (east of Library) with parallel parking to two travel lanes
with a median, bike lanes and parallel and diagonal parking. The City General Plan Circulation
Element would need to be revised to reflect this change.
Project Trip Generation
Trip generation estimates and trip distribution for build out of the proposed Specific Plan were based on
an OCTAM model run, which identified that the proposed project would result in:
• 8,496 daily trips;
• 660 a.m. peak hour trips; and
• 719 p.m. peak hour trips.
City of Tustin 5.9-11
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
The distribution of these trips as derived by the travel demand model include the following:
• 5 percent to/from the north on Newport Avenue
• 10 percent to/from the north on Prospect Avenue
• 30 percent to/from the south on Newport Avenue
• 10 percent to/from the east on Main Street
• 10 percent to/from the east on Irvine Boulevard
• 15 percent to/from the north via SR -55
• 5 percent to/from the west on Main Street
• 5 percent to/from the west on First Street
• 10 percent to/from the west on Irvine Boulevard
Existing Plus Project
Table 5.9.3 provides a comparison of Existing and Existing Plus Project intersection operations. The
existing setting is based on the existing traffic counts collected in December 2016 and represents the
conditions present throughout the study area at the time of the preparation of the traffic impact analysis.
As shown on Table 5.9.3, the City locations in the traffic study area currently operate at an acceptable
LOS. However, the uncontrolled Caltrans freeway ramp intersection at Newport Avenue and the 1-5
northbound on-ramp is currently operating at LOS F during the a.m. peak hour for the northbound left -
turning vehicles trying to access the 1-5 northbound on-ramp from Newport Avenue. These left -turning
vehicles have to yield to the Newport Avenue southbound traffic, which does not have to stop and results in
extended delays to the turning vehicles.
The Existing Plus Project scenario includes trips that would be generated by the proposed 887 dwelling
units. As noted in the project description, the Specific Plan allows each development area to transfer in
dwelling units up to 25 percent of that areas allowable units. The Existing Plus Project with Transfers
scenario assumes a 25 percent increase in dwelling units in each development area to account for allowed
transfers. With implementation of the anticipated development in the existing plus project and the existing
plus project with the 25 percent dwelling unit allowable increase transfer within each DA conditions, all
City of Tustin intersections are forecast to operate at LOS C or better, and impact to the City of Tustin
intersections would not occur, as shown on Table 5.9.3. Of note, DA -5 does not allow dwelling units nor
transfers into the DA.
However, the Caltrans intersection of Newport Avenue at 1-5 northbound on-ramp is forecast to operate at
LOS F under existing, existing plus project, and existing plus project maximum transfer conditions during
the a.m. peak hour, and the average delay for the minor street movement is higher under the existing plus
project and the existing plus project maximum transfer conditions than under the existing conditions.
Therefore, the Caltrans ramp intersection at Newport Avenue at the 1-5 northbound on-ramp would be
impacted by the project in the existing plus project conditions.
Table 5.9-3: Existing Plus Project Intersection Level of Service
Intersection
Existing Count 2016
Existing Plus Project
Existing Plus Project with
Transfers'
AM Peak
Hour
PM Peak
Hour
AM Peak
Hour
PM Peak
Hour
AM Peak
Hour
PM Peak
Hour
ICU/
Dela LOS
ICU/
Delay LOS
ICU/
Delay LOS
ICU/
Delay LOS
ICU/
Delay LOS
ICU/
Delay LOS
1. Tustin at4th
0.59 A
0.75 C
0.56 A
0.79 C
0.56 A
0.80 C
2. Yorba at Irvine
0.58 A
0.57 A
1 0.60 A
0.58 A
1 0.62 B
0.61 B
City of Tustin 5.9-12
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
Intersection
Existing Count 2016
AM Peak PM Peak
Hour Hour
ICU/ ICU/
Dela LOS Delay LOS
Existing
AM Peak
Hour
ICU/
Delay LOS
Plus Project
PM Peak
Hour
ICU/
Delay LOS
Existing Plus Project with
Transfers'
AM Peak PM Peak
Hour Hour
ICU/ ICU/
Delay LOS Delay LOS
3. B at Irvine
0.55
A
0.43
A
0.57
A
0.44
A
0.57
A
0.44
A
4. Prospect at Irvine
0.64
B
0.70
B
0.68
B
0.72
C
0.69
B
0.73
C
5. Newport at Irvine
0.71
C
0.69
B
0.69
B
0.70
B
0.71
C
0.71
C
6. Tustin at 1 st
0.39
A
0.48
A
0.35
A
0.39
A
0.36
A
0.40
A
7. Yorba/Pacific at 1 st
0.40
A
0.51
A
0.51
A
0.59
A
0.52
A
0.60
A
8. B at 1st
0.37
A
0.45
A
0.51
A
0.62
B
0.52
A
0.64
B
9. C at 1st
0.34
A
0.41
A
0.48
A
0.61
B
0.49
A
0.63
B
10. EI Camino Real at 1st
0.37
A
0.45
A
0.45
A
0.60
A
0.46
A
0.63
B
11. Prospect at 1 st
0.45
A
0.54
A
0.57
A
0.68
B
0.59
A
0.69
B
12. Newport at 1 st
0.55
A
0.58
A
0.58
A
0.58
A
0.58
A
0.58
A
13. C at 2nd
0.11
A
0.12
A
0.11
A
0.12
A
0.12
A
0.13
A
14. Prospect at 2nd
0.17
A
0.23
A
0.16
A
0.22
A
0.16
A
0.23
A
15. C at 3rd
0.08
A
0.22
A
0.08
A
0.20
A
0.08
A
0.21
A
16. Prospect at 3rd
0.19
A
0.25
A
0.18
A
0.22
A
0.19
A
0.24
A
17. EI Camino Real at Main
0.57
A
0.61
B
0.56
A
0.58
A
0.61
B
0.62
B
18. Prospect at Main
0.42
A
0.56
A
0.38
A
0.49
A
0.39
A
0.50
A
19. Newport at Main
0.60
A
0.55
A
0.61
B
0.57
A
0.61
B
0.57
A
20. EI Camino Real at 6th
0.43
A
0.48
A
0.44
A
0.50
A
0.45
A
0.54
A
21. Newport at 6th
0.49
A
0.37
A
0.53
A
0.40
A
0.53
A
0.40
A
22. Newport at EI Camino Real
0.72
C
0.60
A
0.76
C
0.63
B
0.77
C
0.65
B
23. Newport at 1-5 NB On-
Ram Caltrans
124.8
F
20.2
C
191.8
F
20.6
C
208.4
F
21.0
C
24. Newport at Nisson
(Caltrans)
17.3
B
19.9
B
17.6
B
19.9
B
14.2
B
20.6
C
Note: 1. Existing plus project with the 25 percent dwelling unit allowable increase transfer within each DA
Source: Stantec 2017, Appendix E.
ICU - intersection capacity utilization, Delay in seconds.
Bold denotes a peak hour deficiency.
Installation of a traffic signal at the intersection of Newport Avenue at the 1-5 northbound on-ramp would
allow this location to operate at an LOS A and B in the peak hours, and is included as Mitigation Measure
TR -1. However, the intersection is under Caltrans jurisdiction, and the City does not have the sole authority
to install a signal at this location. Therefore, the impact at this intersection is considered significant and
unavoidable. A traffic signal at this location is also recommended in the Caltrans Final Traffic Operations
Report for State Route 55 (1-5 to 1-405) Project Approval/Environmental Document (PR/ED) that was
published in October 2015. Unless and until Caltrans implements the traffic signal at this location, impacts
would remain significant and unavoidable. The LOS for the Newport Avenue at 1-5 northbound on-ramp
intersection with the recommended traffic signal installed is shown in Table 5.9-4.
Table 5.9-4: Existing Plus Project Level of Service at Newport Avenue and 1-5 NB On -Ramp with Traffic Signal
Existing Plus Project with Transfers w/Traffic
Existing Plus Project w/Traffic Signal Signal
AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour
Intersection Delay LOS Delay LOS Delay LOS Dela LOS
23. Newport at 1-5 NB on -ram 11.6 B 7.7 A 11.9 B 7.6 A
Source: Stantec 2017, Appendix E.
Delay in seconds.
City of Tustin 5.9-13
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
Horizon Year (2035)
Traffic projections for horizon year (2035) conditions were derived from the OCTAM model, which reflects
the growth anticipated by the 2016 SCAG RTP. As described in Section 3.0, Project Description, build out
anticipated by the proposed Specific Plan is based on the year 2035. Therefore, the following analysis
includes vehicular trips from build out of the DCCSP in 2035.
With implementation of the 25 percent dwelling unit allowable increase transfer within each DA conditions,
the City of Tustin intersection of Newport Avenue at EI Camino Real would operate at an unacceptable
LOS. As a result, Mitigation Measure TR -2 has been included to mitigate the project impacts. Table 5.9-5
provides the cumulative no project and with project traffic conditions in 2035.
Table 5.9-5: Cumulative 2035 Plus Project Intersection Level of Service
Intersection
2035 No -Project
PM Peak
AM Peak Hour Hour
ICU/ ICU/
Delay LOS Delay LOS
2035 With -Project
AM Peak PM Peak
Hour Hour
ICU/ ICU/
Delay LOS Delay LOS
2035 With -Project With
Transfers
AM Peak PM Peak
Hour Hour
ICU/ ICU/
Delay LOS Delay LOS
1. Tustin at 4th
0.67
B
0.83
D
0.63
B
0.87
D
0.63
B
0.87
D
2. Yorba at Irvine
0.71
C
0.70
B
0.71
C
0.71
C
0.74
C
0.73
C
3. B at Irvine
0.63
B
0.51
A
0.65
B
0.55
A
0.66
B
0.55
A
4. Prospect at Irvine
0.82
D
0.86
D
0.85
D
0.89
D
0.85
D
0.89
D
5. Newport at Irvine
0.91
E
0.90
D
0.89
D
0.89
D
0.90
D
0.89
D
6. Tustin at 1 st
0.44
A
0.65
B
0.38
A
0.53
A
0.39
A
0.53
A
7. Yorba/Pacific at 1 st
0.45
A
0.61
B
0.60
A
0.76
C
0.61
B
0.78
C
8. B at 1st
0.43
A
0.53
A
0.59
A
0.74
C
0.60
A
0.76
C
9. C at 1st
0.39
A
0.46
A
0.56
A
0.72
C
0.58
A
0.74
C
10. EI Camino Real at 1st
0.36
A
0.55
A
0.46
A
0.70
B
0.48
A
0.72
C
11. Prospect at 1 st
0.52
A
0.67
B
0.67
B
0.88
D
0.68
B
0.89
D
12. Newport at 1 st
0.64
B
0.67
B
0.69
B
0.67
B
0.69
B
0.69
B
13. C at 2nd
0.14
A
0.15
A
0.12
A
0.16
A
0.13
A
0.16
A
14. Prospect at 2nd
0.21
A
0.28
A
0.21
A
0.27
A
0.22
A
0.28
A
15. C at 3rd
0.12
A
0.27
A
0.12
A
0.25
A
0.12
A
0.27
A
16. Prospect at 3rd
0.25
A
0.29
A
0.22
A
0.28
A
0.23
A
0.29
A
17. EI Camino Real at Main
0.82
D
0.85
D
0.82
D
0.79
C
0.86
D
0.82
D
18. Prospect at Main
0.63
B
0.81
D
0.58
A
0.74
C
0.60
A
0.75
C
19. Newport at Main
0.77
C
0.70
B
0.78
C
0.72
C
0.78
C
0.72
C
20. EI Camino Real at 6th
0.47
A
0.55
A
0.50
A
0.58
A
0.51
A
0.61
B
21. Newport at 6th
0.53
A
0.39
A
0.57
A
0.41
A
0.57
A
0.41
A
22. Newport at EI Camino
Real
0.87
D
0.72
C
0.90
D
0.76
C
0.92
E
0.76
C
23. Newport at 1-5 NB On-
Ram Caltrans
218.1
F
30.0
D
312.7
F
38.3
E
337.0
F
39.7
E
24. Newport at Nisson
Caltrans
16.8
B
24.6
C
17.7
B
25.2
C
17.7
B
25.3
C
Note: 1. Cumulative 2035 plus project with the 25 percent dwelling unit allowable increase transfer within each DA.
Source: Stantec 2017, Appendix E.
ICU - intersection capacity utilization, Delay in seconds.
Bold denotes a peak hour deficiency.
City of Tustin
5.9-14
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
Mitigation Measure TR -2 would improve the intersection of Newport Avenue at EI Camino Real through
restriping of the eastbound through lane to a shared through/right-turn lane so the eastbound approach
would consist of one left -turn lane, one shared through/right-turn lane, and one right -turn lane. As shown
on Table 5.9-6, implementation of Mitigation Measure TR -2 would reduce the impact to a less than
significant level.
Table 5.9-6: Level of Service at Newport Avenue and EI Camino Real with Mitigation
2035 With Project With Transfers With Mitigation
AM Peak Hour PM Peak Hour
Intersection ICU I LOS ICU I LOS
22. Newport Avenue & EI Camino Real 0.88 D 0.76 C
Source: Stantec 2017, Appendix E.
Delay in seconds
The 25 percent dwelling unit allowable transfer is a hypothetical worst-case scenario. Since the Newport
Avenue and EI Camino Real intersection is significantly impacted only in this worst-case scenario under the
cumulative conditions, Mitigation Measure TR -2 requires monitoring this intersection and requiring the
improvement only when necessary.
In addition, the Caltrans ramp intersection at Newport Avenue and the 1-5 northbound on-ramp is forecast
to operate at LOS F under cumulative no -project, with -project, and with the maximum transfer conditions
during the a.m. peak hour; and would operate at LOS E in the p.m. peak hour in the with -project and with
the maximum unit transfer conditions. Additionally, the average delay for the minor street movement is
higher under the cumulative with -project and the cumulative with -project with maximum transfer conditions
than in the cumulative no -project condition. Therefore, an impact would occur at the Caltrans ramp
intersection at Newport Avenue and the 1-5 northbound on-ramp.
Installing a traffic signal at the intersection of Newport Avenue at the 1-5 northbound on-ramp, as included
by Mitigation Measure TR -1, would reduce the delay at this location to operate at an acceptable LOS as
shown in Table 5.9-7. As described previously, a traffic signal at this location has already been
recommended by Caltrans in October 2015. However, this intersection is under Caltrans jurisdiction and
the City does not have the authority to install a traffic signal. As a result, the impact at this intersection
would be significant and unavoidable until Caltrans completes installation of a traffic signal at this
location.
Table 5.9-7: Cumulative Plus Project LOS at Newport Avenue and 1-5 NB On -Ramp with Traffic Signal
Intersection
2035 With Project w/Traffic Signal
2035 With Project, With Transfers,
w/Traffic Signal
AM Peak Hour
PM Peak Hour
AM Peak Hour
PM Peak Hour
Dela
LOS
Dela
LOS
Dela
LOS
Dela
LOS
23. Newport at 1-5 NB On -Ram
13.4
B
8.7
A
13.7
B
8.6
A
Source: Stantec 2U1 f, Appendix E.
Delay in seconds
IMPACT TR -3: THE PROJECT WOULD NOT CONFLICT WITH ADOPTED POLICIES, PLANS, OR
PROGRAMS REGARDING PUBLIC TRANSIT, BICYCLE, OR PEDESTRIAN FACILITIES, OR
City of Tustin 5.9-15
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Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
OTHERWISE DECREASE THE PERFORMANCE OR SAFETY OF SUCH FACILITIES
[THRESHOLD TR -61.
No Impact. As described previously, the Specific Plan area is currently served by a network of pedestrian
facilities and OCTA bus routes. Additionally, there is one existing bicycle facility in the traffic study area.
Implementation of the proposed Specific Plan would include improvements to the circulation network to
create "complete streets" in which the roadway design gives pedestrians and bicyclists greater emphasis
and vehicles less dominance. As detailed in Section 3.0, Project Description, conceptual improvements on
Main Street include installation of a Class 2 on -street bicycle lane on the north side of the street that would
connect to the existing Class 1 bicycle lane on the west side of Newport Avenue. On the south side of Main
Street, the pedestrian sidewalk would be expanded to provide an integrated Class 1 bicycle lane that
would be enhanced with decorative pavement.
Conceptual project improvements to First Street include expanding the existing sidewalk, and installation
of a Class 2 bicycle lane on both the north and south sides of the street that would connect to the Class 1
bicycle lane on Newport Avenue. In addition, "Sharrow" bicycle lanes (Class 3), marked with on -street
symbols but not striped, are conceptually proposed for the following 6 street segments:
• Main Street from B Street to Prospect Avenue.
• EI Camino Real from First Street to Newport Avenue
• B Street between First Street and Sixth Street
• Prospect Avenue between First Street and Main Street
• Centennial Way between First Street and Main Street
• Sixth Street between B Street and Newport Avenue
The DCCSP Design Criteria also encourages installation of bicycle racks within the public right-of-way and
within private development.
Additionally, the DCCSP recommends installation of additional bus shelters along existing OCTA routes.
New development along transit routes is encouraged and should be sited for easy access to transit stops
and should provide connecting pedestrian walkways to promote transit use.
Implementation of the DCCSP would enhance the bicycling environment and maximize bicycle accessibility;
in addition, it would improve pedestrian mobility and provide shelters to promote the use of transit
facilities. Implementation of the proposed project would not disrupt or conflict with policies, plans, or
programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance
or safety of such facilities. Conversely, the DCCSP would implement such plans and facilities. Therefore,
implementation of the proposed project would not conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian facilities.
5.9.7 CUMULATIVE IMPACTS
Significant and Unavoidable.
Traffic
As described previously, the impacts of proposed cumulative development in relation to roadway levels of
service would result in the intersection of Newport Avenue at the 1-5 northbound on-ramp operating at
unsatisfactory peak period levels of service in the 2035 cumulative traffic conditions. As detailed above,
City of Tustin 5.9-16
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Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
level of service standards would be exceeded without the proposed Specific Plan, and the addition of
traffic from development of the proposed Specific Plan would be cumulatively considerable due to the
existing condition and volume of vehicular trips that would be generated from build out of the DCCSP.
However, the intersection of Newport Avenue at the 1-5 northbound on-ramp is under the jurisdiction of
Caltrans, and Caltrans has no fee programs or other improvement programs in place to address the
deficiencies caused by development projects. As noted previously, a traffic signal at this location is also
recommended in the Caltrans Final Traffic Operations Report for State Route 55 (1-5 to 1-405) Project
Approval/Environmental Document (PR/ED) that was published in October 2015. Unless and until Caltrans
implements the traffic signal at this location, impacts would remain significant and unavoidable. Therefore,
no feasible mitigation is available to reduce these potential impacts. Additionally, the City of Tustin cannot
guarantee installation of a traffic signal that is in a location under Caltrans jurisdiction. Therefore, traffic
impacts from implementation of the DCCSP would be cumulatively significant and remain significant and
unavoidable.
Alternative Transportation
As described previously, the proposed Specific Plan would provide additional pedestrian and bicycle
facilities in the area, and would not alter any existing bicycle or pedestrian facilities. The DCCSP would
also promote the use of OCTA transit services by provision of bus shelters. Cumulative development would
be subject to site-specific environmental and planning reviews that would address consistency with
adopted policies, plans and provisions related to public transit, bicycle facilities and pedestrian facilities.
Because the project implements the adopted plans for bicycle and pedestrian facilities, and future
development would be required to be consistent with these plans, the proposed Specific Plan would not
contribute to a cumulative impact. Thus, the proposed Specific Plan would not result in cumulative impacts
related to alternative transportation.
5.9.8 EXISTING REGULATIONS, STANDARD CONDITIONS, AND
PLANS, PROGRAMS, OR POLICIES
Existing Regulations
• Congestion Management Program
• Senate Bill 743
• SCAG 2016 - 2040 Regional Transportation Plan/Sustainable Communities Strategy
• City of Tustin General Plan Circulation Element
Plans, Program and Policies (PPPs) and Standard Conditions
None.
5.9.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Significant. Impacts TR -1 and TR -2 would be significant and would require mitigation. These impacts are
related to conflicts with applicable plans (including the congestion management program), ordinances, or
policies establishing measures of effectiveness for the performance of the circulation system. However,
impacts related to conflict with adopted policies, plans, or programs regarding public transit, bicycle, or
pedestrian facilities (Impact TR -3) would be less than significant.
City of Tustin 5.9-17
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February 2018
Downtown Commercial Core Specific Plan 5.9 Transportation and Circulation
5.9.10 MITIGATION MEASURES
Mitigation Measure TR -1: The City of Tustin will cooperate with Caltrans when Caltrans moves forward
with its planned improvements to the intersection of Newport Avenue at the 1-5 northbound on-ramp.
Caltrans' improvements include installation of a traffic signal per the recommendations in the Caltrans Final
Traffic Operations Report for State Route 55 (1-5 to 1-405) Project Approval/Environmental Document
(PR/ED) that was published in October 2015.
Mitigation Measure TR -2: The City of Tustin shall monitor the intersection operation at Newport Avenue
and EI Camino Real as development applications are received and shall provide the following
improvements, or equivalent, once the intersection LOS becomes deficient: Restripe the eastbound through
lane to a shared through/right-turn lane so the eastbound approach would consist of one left -turn lane,
one shared through/right-turn lane, and one right -turn lane.
5.9.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Significant and Unavoidable. As described previously, to reduce impacts associated with Impact TR -1 and
TR -2, Mitigation Measure TR -1 would need to be implemented for the Newport Avenue at 1-5 northbound
on-ramp intersection, which require coordination and implementation from Caltrans that cannot be
guaranteed by the City of Tustin. As a result, traffic impacts at the intersection of Newport Avenue at 1-5
northbound on-ramp would be significant and unavoidable.
However, to reduce impacts associated with the intersection of Newport Avenue and EI Camino Real,
Mitigation Measure TR -2 would be implemented, which would reduce the potential traffic impacts to a less
than significant level.
REFERENCES
Tustin Downtown Commercial Core Specific Plan Traffic Study, Prepared by Stantec, 2017, Appendix E.
City of Tustin 5.9-18
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February 2018
5.10 Tribal Cultural Resources
5.10.1 INTRODUCTION
This section addresses potential environmental effects of the proposed Specific Plan related to tribal
cultural resources. Information within this section includes data from the Cultural Resource Assessment for the
Tustin Downtown Commercial Core Specific Plan that was prepared by Cogstone, May 2017, which is
provided as Appendix C; and the project specific Native American Consultation that occurred, as
described herein.
5.10.2 REGULATORY SETTING
California Senate Bill 18
Senate Bill 18 (SB 18) (California Government Code Section 65352.3) sets forth requirements for local
governments to consult with Native American tribes to aid in the protection of traditional tribal cultural
places through local land use planning. The intent of SB 18 is to provide California Native American tribes
an opportunity to participate in local land use decisions at an early stage of planning for the purpose of
protecting, or mitigating impacts on, cultural places. The Tribal Consultation Guidelines: Supplement to
General Plan Guidelines (C)PR, 2005), identifies the following contact and notification responsibilities of
local governments:
• Prior to the adoption or any amendment of a general plan or specific plan, a local government
must notify the appropriate tribes (on the contact list maintained by the Native American Heritage
Commission [NAHC1) of the opportunity to conduct consultations for the purpose of preserving, or
mitigating impacts to, cultural places located on land within the local government's jurisdiction that
is affected by the proposed plan adoption or amendment. Tribes have 90 days from the date on
which they receive notification to request consultation, unless a shorter timeframe has been agreed
to by the tribe (Government Code Section 65352.3).
• Prior to the adoption or substantial amendment of a general plan or specific plan, a local
government must refer the proposed action to those tribes that are on the NAHC contact list and
have traditional lands located within the city or county's jurisdiction. The referral must allow a 45 -
day comment period (Government Code Section 65352). Notice must be sent regardless of
whether prior consultation has taken place. Such notice does not initiate a new consultation process.
• Local government must send a notice of a public hearing, at least 10 days prior to the hearing, to
tribes who have filed a written request for such notice (Government Code Section 65092).
Because the project consists of a Specific Plan, it is subject to the statutory requirements of SB 18 Tribal
Consultation Guidelines.
California Assembly Bill 52
Assembly Bill 52 (AB 52), which became effective in January 2016 as Public Resource Code Section
21080.3.1, established a new requirement under CEQA to consider "tribal cultural values, as well as
scientific and archaeological values when determining impacts and mitigation." Tribal Cultural Resources
are defined as "sites, features, places, cultural landscapes, sacred places, and objects with cultural value
to a California Native American Tribe" that are either included or determined to be eligible for inclusion in
City of Tustin 5.10-1
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Downtown Commercial Core Specific Plan 5.10 Tribal Cultural Resources
the California Register of Historical Resources or local registers of historical resources. In addition, AB 52
implemented a new consultation process, in which lead agencies are required to offer Native American
tribes that have submitted written requests to participate in consultations to protect tribal cultural resources
and that Native American tribes have the opportunity to consult on CEQA documents prior to submitting an
EIR. Pursuant to AB 52, lead agencies are required to provide formal notice to the tribes requesting to
participate within 14 -days of the lead agency's determination that an application package is complete.
Tribes have 30 -days to respond to request consultation on the project.
California Health and Safety Code, Section 7050.5
This code requires that if human remains are discovered on the project site, disturbance of the site shall halt
and remain halted until the coroner has conducted an investigation into the circumstances, manner, and
cause of any death, and the recommendations concerning the treatment and disposition of the human
remains have been made to the person responsible for the excavation, or to his or her authorized
representative. If the coroner determines that the remains are not subject to his or her authority and
recognizes or has reason to believe the human remains are those of a Native American, he or she shall
contact, by telephone within 24 hours, the Native American Heritage Commission.
5.10.3 ENVIRONMENTAL SETTING
The City of Tustin area was populated by the Tongva, later known as the Gabrielino (derived from
association with the San Gabriel Mission). The Tongva speak a language that is part of the Takic branch of
the Uto-Aztecan language family. Their territory encompassed a vast area stretching from Topanga
Canyon in the northwest, to the base of Mount Wilson in the north, to San Bernardino in the east, Aliso
Creek in the southeast and the Southern Channel Islands. At European contact, the tribe consisted of more
than 5,000 people living in between 50 and 100 settlements throughout the area. Some of the villages
were considered quite large, with up to 150 people.
The Tongva are considered to have been one of the wealthiest and most populous tribes, second only to
the Chumash who occupied territories to the north. Houses were domed, circular structures thatched with
tule or similar materials. The Tongva utilized a hunting and gathering economy and plant foods were, by
far, the greatest part of the traditional diet. Acorns were an important food source harvested in the many
of the areas and villages were located near the water sources necessary for the leaching of acorns.
There are no known Native American resources within the Specific Plan area. As discussed in Section 5.3,
Cultural Resources, four sites are located within one mile to the southeast, which are listed in Table 5.3-1,
Recorded Prehistoric Cultural Resources.
5.10.4 THRESHOLDS OF SIGNIFICANCE
Appendix G of state CEQA Guidelines indicates that a project could have a significant effect if it were to
cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public
Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically
defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a
California Native American tribe, and that is:
City of Tustin 5.10-2
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.10 Tribal Cultural Resources
TCR -1 Listed or eligible for listing in the California Register of Historical Resources, or in a local
register of historical resources as defined in Public Resources Code section 5020.1(k); or
TCR -2 A resource determined by the lead agency, in its discretion and supported by substantial
evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources
Code Section 5024.1, that considers the significance of the resource to a California Native
American tribe.
5.10.5 METHODOLOGY
The analysis within this EIR section is based on the Cultural Resource Assessment for the Tustin Downtown
Commercial Core Specific Plan that was prepared by Cogstone, May 2017, and information compiled
through Native American Consultation. The City requested a sacred lands record search from the Native
American Heritage Commission (NAHC) on February 2, 2017. The NAHC responded that there were no
known sacred lands within a half mile of the Specific Plan boundaries.
In compliance with SB 18, on June 26, 2017, the City sent letters to Native American groups or individuals
that may have knowledge regarding tribal cultural places in the project area.
• Campo Band of Mission Indians
• Ewiiaapaayp Band of Kumeyaay Indians
• Gabrieleno Band of Mission Indians — Kizh Nation
• Gabrieleno/Tongva San Gabriel Band of Mission Indians
• Gabrielino/Tongva Nation
• Gabrielino-Tongva Indians of California Tribal Council
• Gabrielino-Tongva Tribe
• Jamul Indian Village
• Juaneno Band of Mission Indians Acjachemen Nation - Belardes
• Juaneno Band of Mission Indians Acjachemen Nation — Romero
• Juaneno Band of Mission Indians
• La Posta Band of Mission Indians
• Manzanita Band of Kumeyaay Nation
• Mesa Grande Band of Mission Indians
• San Fernando Band of Mission Indians
• San Pasqual Band of Mission Indians
• Sycuan Band of the Kumeyaay Nation
• Viejas Band of Kumeyaay Indians
Responses were received from two tribes, the Gabrieleno Band of Mission Indians — Kizh Nation and the
Viejas Band of Kumeyaay Indians. An SB 18 consultation was requested by the Gabrieleno Band of
Mission Indians — Kizh Nation and held on October 11, 2017.
In compliance with AB 52, the following five Native American contacts were sent letters on August 3, 2017,
requesting any information related to cultural resources or heritage sites within or adjacent to the Specific
Plan area:
• Gabrieleno Band of Mission Indians — Kizh Nation
City of Tustin 5.10-3
Draft EIR
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Downtown Commercial Core Specific Plan 5.10 Tribal Cultural Resources
• Juaneno Band of Mission Indians
• Soboba Band of Luiseno Indians
• Torres Martinez Desert Cahuilla Indians
• San Gabriel Band of Mission Indians
One response was received from the Gabrieleno Band of Mission Indians — Kizh Nation and an AB 52
consultation was held on October 11, 2017.
5.10.6 ENVIRONMENTAL IMPACTS
IMPACT TCR -1: CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF A TRIBAL
CULTURAL RESOURCE THAT IS LISTED OR ELIGIBLE FOR LISTING IN THE CALIFORNIA
REGISTER OF HISTORICAL RESOURCES, OR IN A LOCAL REGISTER OF HISTORICAL
RESOURCES AS DEFINED IN PUBLIC RESOURCES CODE SECTION 5020.1(K).
[THRESHOLD TCR -11.
Less than Significant with Mitigation Incorporated. There are no tribal cultural resources (TCRs) within the
Specific Plan area that are listed on the California Register of Historical Resources and the National
Register of Historic Places. (Cogstone 2017)
SB 18 and AB 52 require meaningful consultation between lead agencies and California Native American
tribes regarding potential impacts on TCRs. As described above, TCRs are sites, features, places, cultural
landscapes, sacred places, and objects with cultural value to a California Native American tribe that are
either eligible or listed in the California Register of Historical Resources or local register of historical
resources (PRC Section 21074). As outlined above, no sites were identified by the NAHC's Sacred Lands
File search, and the City sent letters to Native American Tribes notifying them of the proposed project in
accordance with SB 18 and AB 52. In response, Gabrieleno Band of Mission Indians — Kizh Nation, a
California Native American tribe, requested consultation and the City of Tustin met with representatives of
Gabrieleno Band of Mission Indians — Kizh Nation. No tribal cultural places or TCRs were identified during
the consultation. However, the representatives stated the importance of the historic EI Camino Real, which
was a footpath and used by Native Californians as a traditional pathway and trade route.
Although no TCRs were identified in the Specific Plan area through record searches and the tribal
consultation, development and redevelopment projects pursuant to the Specific Plan could involve grading
and excavation to greater depths than previously undertaken that could disturb unknown buried TCRs,
including shells, funerary objects, and human remains due to pervious use of the area as a traditional trade
route. Thus, Mitigation Measures CUL -1 would reduce the potential for tribal cultural resources to be
impacted during earthmoving activities and provides for preservation of any identified resources.
With implementation of Mitigation Measure CUL -1, impacts related to a substantial adverse change in the
significance of a tribal cultural resource would be less than significant.
IMPACT TCR -2: CAUSE A SUBSTANTIAL ADVERSE CHANGE IN THE SIGNIFICANCE OF A RESOURCE
DETERMINED BY THE LEAD AGENCY, IN ITS DISCRETION AND SUPPORTED BY
SUBSTANTIAL EVIDENCE, TO BE SIGNIFICANT PURSUANT TO CRITERIA SET FORTH IN
SUBDIVISION (C) OF PUBLIC RESOURCES CODE SECTION 5024.1, THAT CONSIDERS
THE SIGNIFICANCE OF THE RESOURCE TO A CALIFORNIA NATIVE AMERICAN TRIBE
[THRESHOLD TCR -2].
City of Tustin 5.10-4
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Downtown Commercial Core Specific Plan 5.10 Tribal Cultural Resources
Less than Significant with Mitigation Incorporated. As described in Section 5.3, Cultural Resources, the
Specific Plan is located in an urbanized area; however, future site-specific development projects pursuant
to the Specific Plan could involve grading and excavation to greater depths than previously undertaken
that could disturb buried archaeological resources. Thus, Mitigation Measure CUL -1 is included to reduce
the potential for archaeological resources, which include tribal cultural resources, to be impacted during
earthmoving activities and provides for preservation of any identified resources. With implementation of
Mitigation Measure CUL -1, impacts related to a substantial adverse change in the significance of a tribal
cultural resource would be less than significant.
5.10.7 CUMULATIVE IMPACTS
Less than Significant with Mitigation Incorporated. As described above, there is a possibility that
ground -disturbing activities in native soils may uncover or disturb unknown archaeological resources.
However, the project has included Mitigation Measure CUL -1 that would reduce the potential impact to
unknown resources, and cumulative development would be required to undergo environmental review,
which would establish requirements for avoidance or mitigation of impacts potential resources. Thus, the
cumulative effects of development on tribal cultural resources from implementation of the proposed
Specific Plan in combination with other projects would be less than significant.
5.10.8 EXISTING STANDARD CONDITIONS AND PLANS,
PROGRAMS, OR POLICIES
Existing Regulations
• California Government Code Sections 7050.5 (human remains)
• California Government Code Section 65352.3 (SB 18)
• California Public Resources Code Sections 21080.3.1 et seq. (AB 52)
Plans, Program and Policies (PPPs) and Standard Conditions
None.
5.10.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Significant. As described previously, without mitigation impacts TCR -1 and TCR -2 would be potentially
significant.
5.10.10 MITIGATION MEASURE
Mitigation Measure CUL -1: See Section 5.3, Cultural Resources for mitigation measure's text.
5.10.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Less than Significant. As described previously, Mitigation Measure CUL -1 would reduce potential impacts
to tribal cultural resources (Impacts TCR -1 and TCR -2) for during earthmoving activities. Implementation of
City of Tustin 5.10-5
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 5.10 Tribal Cultural Resources
this mitigation measure would reduce potential impacts related to tribal cultural resources to a less than
significant level.
REFERENCES
Cultural Resource Assessment for the Tustin Downtown Commercial Core Specific Plan. Prepared by
Cogstone, May 2017, Appendix C.
City of Tustin 5.10-6
Draft EIR
February 2018
5.1 1 Utilities and Service Systems
This section describes the existing utility infrastructure and provisions in the Specific Plan area and
evaluates the potential for implementation of the project to impact utilities and services systems. Utilities
and service systems include water supply and distribution systems, wastewater (sewage) conveyance and
treatment, storm drainage systems, and solid waste collection and disposal. The Initial Study, included as
Appendix A, established that the project would result in less than significant impacts related to solid waste
disposal and compliance with federal, state, and local statutes and regulations related to solid waste. The
Initial Study also established that the project would have less than significant impacts related to storm
water drainage facilities, as well as to overall hydrology and water quality. As discussed in the Initial
Study, the Orange County Drainage Area Management Plan (DAMP) is the primary stormwater control
regulation for development projects. The DAMP requires implementation of Water Quality Management
Plans based on the anticipated pollutants that could result from individual projects. Each future
development project would be required to provide onsite stormwater drainage features, such as catch
basins, that have been sized to meet the drainage requirements of that particular project. The Orange
County DAMP requires projects to infiltrate, evapotranspire, or biotreat/biofilter the 85th percentile 24-
hour storm event. All future development within the Specific Plan area will be subject to the provisions of
the National Pollution Discharge Elimination System (NPDES) to protect downstream water quality pursuant
to the Clean Water Act and the City implements NPDES requirements through Tustin City Code Article 4
(Health and Sanitation), Chapter 9 (Water Quality Control). Therefore, no further assessment of these
impacts is required in this EIR.
5.1 1.1 WASTEWATER TREATMENT AND COLLECTION
5.11.1.1 INTRODUCTION
This section evaluates the potential for implementation of the project to impact wastewater (sewage)
conveyance and treatment. Wastewater collection is provided by the East Orange County Water District
(EOCWD), and wastewater treatment is provided by the Orange County Sanitation District (OCSD).
5.11.1.2 REGULATORY SETTING
Clean Water Act
The federal Clean Water Act, United States Code, Title 33, Sections 1251 et seq. establishes regulations
to control the discharge of pollutants into the waters of the United States and regulates water quality
standards for surface waters. Under the Clean Water Act, the U.S. Environment Protection Agency is
authorized to set wastewater standards for industry and runs the National Pollutant Discharge Elimination
System (NPDES) permit program. Under the NPDES program, permits are required for all new
developments that generate discharges that go directly into Waters of the United States. Additionally,
Sections 1251 et seq. of the CWA requires wastewater treatment of all effluent before it is discharged
into surface waters.
City of Tustin 5.11-1
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Downtown Commercial Core Specific Plan 5.1 1 Utilities and Service Systems
National Pollution Discharge Elimination System Permit
The NPDES permit system was established in the federal Clean Water Act to regulate both point source
discharges (a municipal or industrial discharge at a specific location or pipe) and nonpoint source
discharges (diffuse runoff of water from adjacent land uses) to surface waters of the United States. For
point source discharges, such as sewer outfalls, each NPDES permit contains limits on allowable
concentrations and mass emissions of pollutants contained in the discharge.
The Specific Plan is located within the Santa Ana Regional Water Quality Control Board (RWQCB), and
the wastewater generated in the area is subject to the Waste Discharge Requirements and NPDES Permit
CAO 1 10604, which controls effluent content, monitoring of receiving water quality, and best management
practices for pollution prevention.
State Water Resources Control Board Statewide General Waste Discharge Requirements (WDRs) for
Sanitary Sewer Systems
The Statewide General Waste Discharge Requirements for Sanitary Sewer Systems (SWRCB Order No
2006-0003-DWQ) applies to sanitary sewer systems that are greater than one -mile -long and collect or
convey untreated or partially treated wastewater to a publicly owned treatment facility. The goal of
Order No. 2006-0003 is to provide a consistent statewide approach for reducing Sanitary Sewer
Overflows (SSOs), accidental releases of untreated or partially treated wastewater from sanitary sewer
systems, by requiring that:
1. In the event of an SSO, all feasible steps be taken to control the released volume and prevent
untreated wastewater from entering storm drains, creeks, etc.
2. If an SSO occurs, it must be reported to the SWRCB using an online reporting system developed
by the SWRCB.
3. All publicly owned collection system agencies with more than one mile of sewer pipe in the State
must develop a Sewer System Management Plan, which must be updated every five years.
The East Orange County Water District updated its Sewer System Master Plan in compliance with these
requirements in 2017.
City of Tustin General Plan
Conservation, Open Space, and Recreation Element
The following goals and policies of the City's Conservation, Open Space, and Recreation Element that are
relevant to the proposed Specific plan area listed below:
GOAL 5: Protect water quality and conserve water supply
Policy 5.2: Protect groundwater resources from depletion and sources of pollution.
Policy 5.3: Conserve imported water by requiring water conservation techniques, water conserving
appliances, and drought -resistant landscaping.
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5.11.1.3 ENVIRONMENTAL SETTING
Wastewater Collection and Conveyance
The Specific Plan area contains a network of sewer lines that range from 6 -inch to 27 -inches in diameter
and operate well within capacity. In 2016, management of local sewers within the project area was
transferred from OCSD to the EOCWD. From 2004-2006, OCSD conducted a series of sewer
improvement projects within the Specific Plan area. Specifically, sewer lines were upsized along the south
end of Newport Avenue and EI Camino Way, along the west end of Sixth Street, along Holt Avenue, and
along the north -most end of Prospect. These lines were upsized to either 18 -inch lines (Holt Avenue) or 27 -
inch lines (Newport Avenue, EI Camino Way, Sixth Street, and Prospect). These improvements, as well as all
other lines within the Specific Plan area, were implemented to accommodate future growth projections and
have sufficient capacity to handle the increased flows resulting from future development. The City's local
system generally discharges to larger OCSD trunk pipelines that ranging in size from 12 to 96 inches in
diameter, to convey wastewater to the reclamation plants. Given the growth within OCSD's service area,
OCSD is currently upsizing a number of collection system pipelines to provide additional capacity (OCSD
2017).
Wastewater Treatment
The wastewater from the Specific Plan area flows to the OCSD Reclamation Plant No. 1 in Fountain Valley,
which has a treatment capacity of 204 million gallons per day (mgd) and an average daily flow of 117
mgd; and Treatment Plant No. 2 in Huntington Beach, which has a treatment capacity of 258 mgd, and an
average daily flow of 67 mgd (OCSD 2017).
5.11.1.4 THRESHOLDS OF SIGNIFICANCE
According to Appendix G of the CEQA Guidelines, a project could have a significant effect on the
environment if the project would:
WW -1 Exceed wastewater treatment requirements of the applicable Regional Water Quality Control
Board.
WW -2 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.
WW -3 Result in a determination by the wastewater treatment provider which serves or may serve the
project that is has inadequate capacity to serve the project's projected demand in addition to
the provider's existing commitments.
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5.11.1.5 METHODOLOGY
The analysis related to wastewater treatment requirements identifies the types of wastewater that is
anticipated to be generated by implementation of the proposed Specific Plan, and regulations related to
wastewater. Impacts would be considered significant if implementation of the Specific Plan would not
comply, would be in conflict with, or would exceed regulations related to wastewater, such that an impact
on the environment could result.
The analysis of the proposed Specific Plan's impact on wastewater facilities identifies the increased amount
of wastewater that would be generated by buildout of the Specific Plan and the capacity of the
wastewater infrastructure serving the Specific Plan area. The resulting increase in wastewater generation
was compared with the available capacity of the infrastructure serving the Specific Plan areas. If
infrastructure capacity would be exceeded, the physical impacts of constructing needed wastewater system
improvements would be evaluated in relation to the physical environmental effects analyzed in this EIR to
determine whether construction of wastewater system improvements would have significant environmental
effects. In addition, impacts would be significant if buildout of the Specific Plan would result in inadequate
capacity to serve increased wastewater service demands in addition to existing service commitments.
5.11.1.6 ENVIRONMENTAL IMPACTS
IMPACT WW -1: EXCEEDS WASTEWATER TREATMENT REQUIREMENTS OF THE APPLICABLE REGIONAL
WATER QUALITY CONTROL BOARD [THRESHOLD WW -11.
Less than Significant Impact. Buildout of the proposed Specific plan would result in an increase of 887
residential units and approximately 300,000 square feet of non-residential uses, which would result in
increased generation of wastewater. Wastewater generated by future development pursuant to the
proposed Specific Plan would be treated at the OCSD reclamation facilities. The quality of wastewater
treated at OCSD is overseen by two agencies, the Santa Ana RWQCB and the California Department of
Public Health (CDPH). The Santa Ana RWQCB has regional permitting authority over water quality issues
and the CDPH oversees standards and health concerns. The regulatory program of the Santa Ana RWQCB
is designed to minimize and control discharges to surface and groundwater, largely through permitting,
such that water quality standards are effectively attained.
Title 22 of the California Code of Regulations provides the regulatory setting for drinking water quality in
California and is followed by these agencies when they assess water quality. The wastewater treated at
OCSD is subject to treatment requirements established by the Santa Ana RWQCB NPDES Permit
CAO 1 10604, which controls effluent content, monitoring of receiving water quality, and best management
practices for pollution prevention. Waste discharge from OCSD meets or exceeds the standards of water
quality set by Title 22 of the California Code of Regulation. Waste discharge requirements for OCSD
facilities are based on all applicable state and federal regulations, policies and guidelines, and include
limitations on effluent discharge and receiving water. In general, waste effluent discharge requirements
include specifications for adequate disinfection treatment and limitations on radioactivity, pollutant
concentrations, sediments, pH, temperature, and toxicity. Receiving water requirements include limitations
related to temperature, sediments, pH, dissolved oxygen, fecal coliform and other pollutant concentrations,
water clarity and color, turbidity, and toxicity.
The land uses proposed by the Specific Plan include retail, residential, office, and mixed-use would be
typical municipal wastewater discharges and are not the type of uses that generate wastewater that
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contains harmful levels of toxins that are regulated by the Santa Ana RWQCB (such as large quantities of
pesticides, herbicides, oil, grease, and other chemicals that are more typical in agricultural and industrial
uses) and that would cause OCSD to exceed wastewater treatment requirements. By operation of law, all
effluent would comply with the wastewater treatment standards of the Santa Ana RWQCB. Therefore, the
Specific Plan would result in less than significant impacts related to the wastewater treatment requirements
of the RWQCB.
IMPACT WW -2: REQUIRES OR RESULTS IN THE CONSTRUCTION OF NEW WATER OR WASTEWATER
TREATMENT FACILITIES OR EXPANSION OF EXISTING FACILITIES, THE
CONSTRUCTION OF WHICH COULD CAUSE SIGNIFICANT ENVIRONMENTAL EFFECTS
[THRESHOLD WW -2].
Less than Significant Impact. As described previously, the Specific Plan area contains a network of sewer
lines that range from 6 -inch to 27 -inches in diameter and operate well within capacity; and recent sewer
line improvements have been completed to accommodate future growth projections and have sufficient
capacity to handle the increased flows resulting from future development.
Implementation of development projects pursuant to the Specific Plan would increase the intensity of land
uses within the Specific Plan area, and future site-specific development projects would install onsite sewer
infrastructure and new connections to the sewer system that could include improvements to aged sewer
pipelines and other connecting infrastructure. Such improvements would be required to be sized to
accommodate the wastewater generation of such new development.
Under the City's development review procedures for site-specific development projects, the City determines
sewer system design requirements and the needs for any improvements to existing infrastructure that would
be required by the City's construction permit and referenced directly in the design plans for the proposed
development to assure adequate capacity. The sewer design specifications for each site-specific
development project would be required to comply with City standards (per the California Building Code)
regarding requirements for design and operation of sewer collection facilities.
The construction of any needed wastewater system improvements as part of future site-specific
development projects under the proposed Specific Plan would generally occur from project sites to existing
connection points in roadway rights-of-way, and would be required to comply with all Tustin City Code
standards and EIR mitigation measures regarding construction noise, air quality and dust suppression,
erosion control (through the required SWPPP), and temporary construction traffic controls. These
requirements would ensure that construction related impacts remain less than significant. As a result,
potential impacts related to build out of the proposed Specific Plan would not result in construction of new
or expanded wastewater facilities that could result in a significant environmental effect, and impacts would
be less than significant.
IMPACT WW -3: RESULT IN A DETERMINATION BY THE WASTEWATER TREATMENT PROVIDER WHICH
SERVES OR MAY SERVE THE PROJECT THAT IT HAS INADEQUATE CAPACITY TO
SERVE THE PROJECT'S PROJECTED DEMAND IN ADDITION TO THE PROVIDER'S
EXISTING COMMITMENTS [THRESHOLD WW -31.
Less than Significant Impact. The proposed Specific Plan would result in an increase of 887 residential
units and anticipated to include 300,000 square feet of non-residential uses. Based on the City's water use
per day in 2015 of 122 gallons per capita, the estimated 2,696 residents and 840 employees would
generate an additional water demand of 431,392 gallons per day. To evaluate the maximum potential
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impact on wastewater facilities, it has been conservatively assumed that all of the water would be
converted to wastewater and need treatment.
As noted above, the existing sewer system consists of pipelines ranging in size from 6 to 27 -inches in
diameter, and they operate within capacity. These local sewers connect to OCSD trunk pipelines that range
in size from 12 to 96 inches in diameter, which convey wastewater to the OCSD Reclamation Plant No. 1 in
Fountain Valley, which has a treatment capacity of 204 mgd and an average daily flow of 117 mgd; and
Treatment Plant No. 2 in Huntington Beach, which has a treatment capacity of 258 mgd, and an average
daily flow of 67 mgd. Due to the OCSD plants' excess capacity, the existing facilities would be available
to accommodate the increase in wastewater flow from buildout of the proposed Specific Plan (0.44 mgd),
which represents 0.16 percent of the remaining treatment plant capacity. As a result, implementation of
the proposed Specific Plan would not result in inadequate capacity of the wastewater treatment plant to
serve the Specific Plan's projected demand in addition to existing service commitments, and impacts would
not occur.
5.11.1.7 CUMULATIVE IMPACTS
Less than Significant Impact. Cumulative wastewater infrastructure impacts are considered on a
systemwide basis, and are associated with the overall capacity of existing and planned infrastructure. The
cumulative system evaluated includes the sewer system and the conveyance system through wastewater
disposal at the OCSD Reclamation Plants.
As described previously, the existing sewer system has been improved to accommodate future growth
projections and has sufficient capacity to handle the increased flows resulting from future development
under the Specific Plan. The continued regular assessment, maintenance, and upgrades of the sewer system
by EOCWD and OCSD would reduce the potential of development projects to result in a cumulatively
substantial increase in wastewater such that new or expanded facilities would be required. Thus, increases
in wastewater in the sewer system would result in a less than significant cumulative impact.
Additionally, the OCSD reclamation facilities have an average flow of 184 mgd and a treatment capacity
of 462 mgd (OCSD, 2017). Due to this volume of excess capacity that is designed by OCSD to
accommodate future regional growth, the increase in wastewater flow from cumulative projects would not
significantly impact the OCSD reclamation facilities. As a result, impacts related to cumulative projects
wastewater treatment and conveyance capacity would be less than significant.
5.11.1.8 EXISTING STANDARD CONDITIONS AND PLANS, PROGRAMS,
OR POLICIES
There are no existing Standard Conditions or Plans, Programs, or Policies related to wastewater.
5.11.1.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Less than Significant Impact. Upon implementation of regulatory requirements Impact WW -1 through
WW -3 would be less than significant.
5.11.1.10 MITIGATION MEASURES
No mitigation measures are required.
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5.1 1.1.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Less than Significant Impact. No significant unavoidable adverse impacts related to wastewater
infrastructure or services have been identified and impacts would be less than significant.
5.1 1.2 WATER SUPPLY
5.11.2.1 INTRODUCTION
This section evaluates the potential for implementation of the project to impact water supply and water
delivery systems. Water service is provided to the Specific Plan area by the City of Tustin. Analysis within
this section is based upon the City's 2015 Urban Water Management Plan (UWMP) and the Water Supply
Memo (WSM 2017) prepared for the proposed Specific Plan, which is included as Appendix F.
5.11.2.2 REGULATORY SETTING
Safe Drinking Water Act
The United States Environmental Protection Agency administers the Safe Drinking Water Act, which is the
primary federal law that regulates the quality of drinking water and establishes standards to protect
public health and safety. The Department of Health Services (DHS) implements the requirements of the Act
and oversees public water system quality statewide. DHS establishes legal drinking water standards for
contaminates that could threaten public health.
California Urban Water Management Planning Act
Section 10610 of the California Water Code established the California Urban Water Management
Planning Act (CUWMPA), requires urban water suppliers to initiate planning strategies to ensure an
appropriate level of reliability in its water service. CUWMPA states that every urban water supplier that
provides water to 3,000 or more customers, or that annually provides more than 3,000 acre-feet of water
service, should make every effort to ensure the appropriate level of reliability in its water service to meet
the needs of its various categories of customers during normal, dry, and multiple -dry years. The CUWMPA
describes the contents of UWMP's as well as methods for urban water suppliers to adopt and implement
the plans. As described below, the City of Tustin has an updated 2015 UWMP that addresses water
supply through build out of the proposed Specific Plan in 2035.
Senate Bill 610
Senate Bill (SB) 610 requires public urban water suppliers with 3,000 or more service connections to
identify existing and planned sources of water for planned developments of a certain size. It further
requires the public water system to prepare a specified water supply assessment (WSA) for projects that
meet the following criteria:
a) A proposed residential development of more than 500 dwelling units;
b) A proposed shopping center employing more than 1,000 persons or having more than 500,000
square feet of floor space;
c) A commercial office building employing more than 1,000 persons or having more than 250,000
square feet of floor space;
d) A hotel or motel, or both, with more than 500 rooms;
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e) An industrial, manufacturing, or processing plant, or industrial park planned to house more than
1,000 persons, occupying more than 40 acres of land, or having more than 650,000 sf of floor
area; and
f) A mixed-use project that includes one or more of the projects above.
The components of a WSA include existing water demand, future water demand by the project, and must
ensure that water is available for the project during normal years, a single dry year, and multiple dry
years during a 20 -year future projection period. The WSA must also describe whether the project's water
demand is accounted for in the water supplier's UWMP. Supplies of water for future water supply must be
documented in the WSA.
Senate Bill 221
SB 221 requires the local water provider to provide "written verification" of "sufficient water supplies" to
serve the project. SB 221 applies only to residential projects of 500 units or more (infill or low-income or
very -low-income housing subdivisions are exempt) and requires the land use planning agency to include as
a condition of approval of a tentative map, parcel map, or development agreement a requirement that
"sufficient water supply" be available. Sufficiency under SB 221 differs from SB 610 in that it is
determined by considering the availability of water over the past 20 years; the applicability of any urban
water shortage contingency analysis prepared per Water Code Section 10632; the reduction in water
supply allocated to a specific use by an adopted ordinance; and the amount of water that can be
reasonably relied upon from other water supply projects, such as conjunctive use, reclaimed water, water
conservation, and water transfer. In most cases, the WSA prepared under SB 610 meets the requirement
for proof of water supply under SB 221.
CalGreen Building Code
California Code of Regulations Title 24, Part 11, establishes the California Green Building Code or
CALGreen. The CALGreen Code was recently updated in 2016 and went into effect January 1, 2017.
CALGreen sets forth water efficiency standards (i.e., maximum flow rates) for all new federally -regulated
plumbing fittings and fixtures.
City of Tustin City Code
Article 4, Chapter 10, Section 4954. The Tustin City Code details the City's Water Conservation Program
that consists of four stages of increasing restrictions on water use. Compliance with Stage 1 is voluntary,
while compliance with stages 2 through 4 is mandatory. Stages 1 and 2 consist largely of restrictions on
outdoor water use; while stages 3 and 4 also include restrictions on commercial, industrial, institutional,
manufacturing or processing use.
5.11.2.3 ENVIRONMENTAL SETTING
The City delivers water supplies through 172 miles of 1.5 -inch to 20 -inch water mains and three booster
stations. The City pumps its groundwater from 13 wells. Eight of the wells produce untreated or "clear"
groundwater that pump directly into the distribution system. The other five wells produce water that is
treated for nitrate and total dissolved solids (TDS) removal at the City's two water treatment facilities. The
City also has six reservoirs with a combined storage capacity of approximately 13.83 million gallons (MG)
(UWMP 2015).
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In 2015 the City delivered 11,113 acre-feet (AF) of water. The City receives 26 percent of its water
supply from EOCWD, who imports it from the Metropolitan Water District (UWMP 2015). The City
currently has a minimum available imported water supply of 12,401 AFY from MWDOC; however, it only
utilizes 2,914 AFY annually of these imported supplies (UWMP 2015).
The other 74 percent of the City's water is obtained from the underlying Lower Santa Ana Groundwater
Basin, which is managed by the Orange County Water District (OCWD). Each year, OCWD sets a Basin
Production Percentage (BPP) that targets the amount of groundwater to be pumped from the basin. This,
along with the City's water supply demands, sets the City's allowable groundwater pumping allocation. As
discussed in detail in the City's UWMP, groundwater levels are managed within a safe basin operating
range to protect the long-term sustainability of the Basin (UWMP 2015).
The City's 2015 UWMP estimates that water demands will grow to 12,221 AF per year by 2035, an
increase of 1,108 AF over 2015 water needs. This is planned to be met by an increase in groundwater
pumping and a reduction in reliance on imported supplies (UWMP 2015). The UWMP states that future
water supply will change to approximately 95 percent groundwater and 5 percent imported (UWMP
2015).
5.11.2.4 THRESHOLDS OF SIGNIFICANCE
According to Appendix G of the CEQA Guidelines, a project could have a significant effect on the
environment if the project:
W-1 Require or result in the construction of new water facilities or expansion of existing facilities,
the construction of which could cause significant environmental effects.
W-2 Would result in insufficient water supplies available to serve the project from existing
entitlements and resources, and new and/or expanded entitlements would be needed.
5.11.2.5 METHODOLOGY
The analysis in this section focuses on the nature and magnitude of the change in levels of water use from
build out of the Specific Plan. To determine whether a significant impact would exist, the projected increase
in water demand from build out of the Specific Plan was compared to future available supplies from
existing entitlements and resources as identified in the City's 2015 UWMP. If the projected water demand
that would result from buildout of the Specific Plan would exceed existing water entitlements and
resources, new or expanded water supply entitlements would be required, and a significant impact would
occur.
From the estimated increase in water demand, an analysis of any infrastructure improvements that could be
necessary to provide water service to the developments that would occur from build out of the proposed
Specific Plan was conducted. Based on that analysis, if construction or expansion of water facilities would
be necessary, an evaluation of the physical environmental effects of such improvements would be
undertaken to determine whether those effects would be considered significant in relation to the physical
environmental effects being analyzed in this EIR.
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5.11.2.6 ENVIRONMENTAL IMPACTS
IMPACT W-1: REQUIRE OR RESULT IN THE CONSTRUCTION OF NEW WATER FACILITIES OR
EXPANSION OF EXISTING FACILITIES, THE CONSTRUCTION OF WHICH COULD CAUSE
SIGNIFICANT ENVIRONMENTAL EFFECTS [THRESHOLD W-11.
Less than Significant Impact. The existing water lines within the City range from 1.5 to 20 -inches in
diameter, and the system is currently adequate for both domestic water consumption and fire flow needs.
However, implementation of development projects pursuant to the Specific Plan would include installation
of onsite water infrastructure and new connections to the water distribution system that could include
improvements to the water distribution lines and other connecting infrastructure that would be sized to
accommodate the increased water demand of new development. The increased density of new
development could result in the need to improve existing water distribution lines within street rights-of-way
that connect to these new developments. Water supply design specifications for each future site-specific
development project would comply with the City of Tustin standards (per the California Building Code)
regarding requirements for design and operation of water distribution facilities.
Under the City's normal development review procedure for individual projects, the City determines the
actual water system design requirements of each site-specific development project, and the needs for any
improvements to the existing water supply infrastructure would be identified and required by the City
construction permit. The temporary construction of needed water system improvements would occur along
existing pipeline alignments and within existing street rights-of-way, and construction sites and would be
required to comply with all City standards regarding construction noise, air quality and dust suppression
mitigation requirements, erosion control (through the required SWPPP) and temporary construction traffic
controls. These standard requirements would ensure that potential construction impacts related to any
needed water line improvements remain less than significant. As a result, potential impacts related to build
out of the proposed Specific Plan would not result in construction of new or expanded water facilities that
would result in a significant environmental effect. Therefore, impacts would be less than significant.
IMPACT W-2: WOULD RESULT IN INSUFFICIENT WATER SUPPLIES AVAILABLE TO SERVE THE
PROJECT FROM EXISTING ENTITLEMENTS AND RESOURCES, AND NEW AND/OR
EXPANDED ENTITLEMENTS WOULD BE NEEDED [THRESHOLD W-2].
Less than Significant Impact. The proposed Specific Plan would result in an increase of 887 residential
units and anticipated to include 300,000 square feet of non-residential uses, which would result in
increased generation of water demand. As described in Section 5.7, Population and Housing, the 887
additional residential units would generate 2,696 residents at build out and full occupancy; and the
300,000 square feet of non-residential uses is estimated to generate 840 new employees.
Based on the City's water use per day in 2015 of 122 gallons per capita, the estimated 2,696 residents
and 840 employees would generate an additional water demand of 431,392 gallons per day or 483.2
acre-feet per year (AFY). As described above, the City's water demand and supply is estimated to grow
from 11,113 AFY to 12,221 AFY by 2035, which is an increase of 1,108 AFY. As build out and full
occupancy of the proposed Specific Plan would generate a demand of 483.2 AFY, which would be within
the anticipated increase in demand and supply of water, build out of the proposed Specific Plan would be
served from existing entitlements and new or expanded water entitlements would not be needed (WSM
2017). Therefore, implementation of the proposed Specific Plan would result in a less than significant
impact related to water supplies.
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5.11.2.7 CUMULATIVE IMPACTS
Less than Significant Impact. Cumulative water supply impacts are considered on a citywide basis and
are associated with the adequacy of the City's primary sources of water that include groundwater
pumped through City wells, imported water deliveries. As described above, water supplies have been
planned through the City's 2015 UWMP, which identifies the ability to meet a majority of future water
demands through groundwater pumping, and a reduction in reliance in imported supplies. The City's
UWMP provides projections for water supply and demand through 2035, and shows that in "Multiple Dry
Water Years" (three-year) conditions with anticipated growth in the City, the City would be able to meet
water demand. Furthermore, all development is required to meet water conservation goals including a 20
percent reduction in per capita demand statewide by 2020. As a result, cumulative impacts would be less
than significant.
5.11.2.8 EXISTING REGULATIONS, STANDARD CONDITIONS, AND PLANS,
PROGRAMS, OR POLICIES
Existing Regulations
• Clean Water Act
• National Pollutant Discharge Elimination System
• Assembly Bill 341 (Chapter 476, Statutes of 201 1)
• California Green Building Standards Code
• City of Tustin General Plan, Conservation, Open Space, and Recreation Element
• City of Tustin 2015 Urban Water Management Plan
Plans, Program and Policies (PPPs) and Standard Conditions
None.
5.11.2.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Less than Significant Impact. Impacts related to water would be less than significant and no mitigation is
required.
5.11.2.10 MITIGATION MEASURES
No mitigation measures are required.
5.1 1.2.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Less than Significant Impact. No significant unavoidable adverse impacts related to water supplies,
infrastructure, or services has been identified and impacts would be less than significant.
REFERENCES
City of Tustin 2015 Urban Water Management Plan, June 2016 (UWMP 2015). Accessed at:
www.tustinca.org/depts/pw/water/reports.asp
Downtown Commercial Core Specific Plan Water Supply Memo (WSM 2017), City of Tustin, Appendix F.
City of Tustin 5.1 1-1 1
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5.1 1 Utilities and Service Systems
Orange County Sanitation District Current Projects (OCSD 2017). Accessed at:
https://www.ocsd.com/residents/current-construction
Orange County Sanitation District Sewer Services (OCSD 2017). Accessed at:
https://www.ocsd.com/services/regional-sewer-service
Orange County Sanitation District Engineering Design and Construction Requirements for Sanitary Sewers.
Accessed at: https://www.ocsd.com/Home/ShowDocument?id=14363
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5.12 Energy Resources
5.12.1 INTRODUCTION
This section assesses the significance of the use of energy, including electricity, natural gas and gasoline
and diesel fuels that would result from the proposed Specific Plan. It discusses existing energy use patterns,
and examines whether the Specific Plan would result in the consumption of large amounts of fuel or
energy, or use of such resources in a wasteful manner.
Refer to Section 5.4, Greenhouse Gas Emissions, for a discussion of the relationship between energy
consumption and greenhouse gas (GHG) emissions. Refer to Section 5.1 1, Utilities and Service Systems for a
discussion of water consumption.
5.12.2 REGULATORY SETTING
Energy Independence and Security Act, Corporate Average Fuel Efficiency Standards
In response to the Massachusetts et al. vs. Environmental Protection Agency et al. ruling, the Bush
Administration issued an executive order on May 14, 2007, directing the U.S. Environmental Protection
Agency (EPA) and Department of Transportation (US DOT) to establish regulations that reduce GHG
emissions from motor vehicles, non -road vehicles, and non -road engines by 2008. On December 19, 2007,
the Energy Independence and Security Act of 2007 was signed into law, requiring an increased Corporate
Average Fuel Economy (CAFE) standard of 35 miles per gallon (mpg) for the combined fleet of cars and
light trucks by the 2020 model year.
In addition to setting increased CAFE standards for motor vehicles, the Energy Independence and Security
Act includes the following additional provisions:
• Renewable Fuel Standard (RFS) (Section 202)
• Appliance and Lighting Efficiency Standards (Sections 301-325)
• Building Energy Efficiency (Sections 41 1-441)
Additional provisions of the Act address energy savings in government and public institutions, promoting
research for alternative energy, additional research in carbon capture, international energy programs,
and the creation of green jobs.
California Public Utilities Commission Plans and Programs
The California Public Utilities Commission (CPUC) has authority to set electric rates, regulate natural gas
utility service, protect consumers, promote energy efficiency, and ensure electric system reliability. The
CPUC has established rules for the planning and construction of new transmission facilities, distribution
facilities, and substations. Utility companies are required to obtain permits to construct certain power line
facilities or substations. The CPUC also has jurisdiction over the siting of natural gas transmission lines.
The CPUC regulates distributed energy generation policies and programs for both customers and utilities.
This includes incentive programs (e.g., California Solar Initiative) and net energy metering policies. Net
energy metering allows customers to receive a financial credit for power generated by their on-site system
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and fed back to the utility. The CPUC is involved with utilities through a variety of energy procurement
programs, including the Renewable Portfolio Standards (RPS) program.
In 2008, the CPUC adopted the Long -Term Energy Efficiency Strategic Plan, which is a road map to
achieving maximum energy savings in California through 2020. Consistent with California's energy policy
and electricity "loading order," the Energy Efficiency Strategic Plan indicates that energy efficiency is the
highest priority resource in meeting California's energy needs. The CPUC also adopted energy goals that
require all new residential construction in California to be zero net energy by 2020. The zero -net energy
goal means new buildings must use a combination of improved efficiency and distributed renewable
energy generation to meet 100 percent of their annual energy need. In addition to the zero net energy
goals for residential buildings by 2020, the CPUC has adopted goals that all new commercial construction
in California will be zero net energy by 2030 and 50 percent of existing commercial buildings will be
retrofit to zero net energy by 2030.
Clean Energy and Pollution Reduction Act of 2015
The Clean Energy and Pollution Reduction Act of 2015 (SB 350) requires that the amount of electricity
generated and sold to retail customers per year from eligible renewable energy resources be increased
from 33 percent to 50 percent by December 31, 2030, thereby doubling energy efficiency within the
state. SB 350 makes revisions to the RPS Program and to certain other requirements on public utilities and
publicly owned electric utilities. SB 350 also requires local publicly owned electric utilities to establish
annual targets for energy efficiency savings and demand reduction consistent with a statewide goal
established by the CPUC, and provides incentives for electrification of rail facilities. Local utilities would be
required to develop more detailed strategies and incentives for use of renewable energy sources, resulting
in an increased demand for renewable energy generation.
SB 350 emphasizes the important role of electric vehicles in California's overall scheme to combat climate
change, declaring that "[d]eploying electric vehicles should assist in grid management, integrating
generation from eligible renewable energy resources, and reducing fuel costs for vehicle drivers...." The
bill promotes the development of additional electric vehicle charging infrastructure to encourage greater
use of electric cars, and requires electrical utilities to include expansion of electrical vehicle charging
facilities as part of their strategies and incentives for reducing overall energy consumption.
Assembly Bill 1007 (Pavley, Chapter 371, Statutes of 2005)
Assembly Bill 1007 required the California Energy Commission (CEC) to prepare a state plan (State
Alternative Fuels Plan) to increase the use of alternative fuels in California. The Commission prepared the
State Alternative Fuels Plan in partnership with the California Air Resources Board (CARB) and in
consultation with other state, federal, and local agencies. The final State Alternative Fuels Plan, published
in December 2007, attempts to achieve an 80 -percent reduction in greenhouse gas emissions associated
with personal transportation, even as California's population increases. Measures proposed that would
reduce petroleum fuel use include:
I. Lowering the energy needed for personal transportation by tripling the energy efficiency of on -
road vehicles by 2050 through:
a. Conventional gas, diesel, and flexible fuel vehicles (FFVs) averaging more than 40 miles
per gallon (mpg).
b. Hybrid gas, diesel, and FFVs averaging almost 60 mpg.
c. All electric and plug-in hybrid electric vehicles (PHEVs) averaging well over 100 mpg (on
a greenhouse gas equivalents [GGE] basis) on the electricity cycle.
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Downtown Commercial Core Specific Plan 5.12 Energy Resources
d. Fuel cell vehicles (FCVs) averaging over 80 mpg (on a GGE basis).
2. Moderating growth in per capita driving, reducing today's average per capita driving miles by
about 5 percent or back to 1990 levels.
3. Changing the energy sources for transportation fuels from the current 96 percent petroleum-based
to approximately:
a. 30 percent from gasoline and diesel from traditional petroleum sources or lower GHG
emission fossil fuels such as natural gas.
b. 30 percent from transportation biofuels.
c. 40 percent from a mix of electricity and hydrogen.
4. Producing transportation biofuels, electricity, and hydrogen from renewable or very low carbon -
emitting technologies that result in, on average, at least 80 percent lower life cycle GHG emissions
than conventional fuels.
5. Encouraging more efficient land uses and greater use of mass transit, public transportation, and
other means of moving goods and people.
Title 24 Energy Efficiency Standards and California Green Building Standards
California Code of Regulations Title 24 Part 6: The newest version of Title 24 was adopted by the CEC in
June 2015 and became effective on January 1, 2017. The CEC indicates that these Title 24 standards will
reduce energy consumption by 5 percent for nonresidential buildings above that achieved by the 2013
Title 24.
City of Tustin General Plan
The City of Tustin Conservation, Open Space, and Recreation Element includes energy related goals and
policies. The goals and policies relevant to the proposed Specific Plan include:
Policy 4.1: Promote energy conservation in all sectors of the City including residential, commercial, and
industrial.
Goal 11: Conserve energy resources through use of available energy technology and conservation
practices.
Policy 11.1: Encourage the use of new technologies and innovative building design, site design and
orientation techniques which minimize energy use by taking advantage of sun/shade
patterns, prevailing winds, landscaping, and building materials.
5.12.3 ENVIRONMENTAL SETTING
Electricity
The Southern California Edison Company (SCE) is the electrical purveyor in the City of Tustin. SCE provides
electricity service to more than 14 million people in a 50,000 square -mile area of central, coastal and
Southern California. SCE is in the process of implementing infrastructure upgrades to ensure the ability to
meet future demands. In the Orange County region, SCE is implementing the Preferred Resources Pilot
Program that uses solar, wind, energy storage, energy efficiency and energy conservation programs to
offset the increasing customer demand for electricity in central Orange County, including the Specific Plan
area (SCE, 2017).
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Downtown Commercial Core Specific Plan 5.12 Energy Resources
Natural Gas
The Southern California Gas Company (SoCalGas) is the natural gas purveyor in the City of Tustin, and is
the principal distributor of natural gas in Southern California. SoCalGas projects that gas demand will
decline at an annual rate of 0.6 percent from 2016 to 2035 due to modest economic growth, mandated
energy efficiency standards and programs, renewable electricity goals, and conservation savings linked to
advanced metering infrastructure (CGEU 2016). The gas supply available to SoCalGas from California
sources averaged 122 million cubic feet/day in 2015; however, southwestern U.S. sources of natural gas
will continue to supply most of Southern California's natural gas demand, which are provided by interstate
pipeline deliveries (CGEU 2016). SoCalGas designs its facilities and supplies to provide continuous service
during extreme peak demands, and has identified the ability to meet peak demands through 2035 in its
2016 report (CGEU 2016).
5.12.4 THRESHOLDS OF SIGNIFICANCE
Appendix F of the CEQA Guidelines provides guidance for assessing energy impacts of projects. The
appendix provides three goals:
• Decreasing overall per capita energy consumption;
• Decreasing reliance on natural gas and oil; and
• Increasing reliance on renewable energy sources.
Consistent with Appendix F goals, the significance criteria used to evaluate environmental impacts in this
analysis focus on avoiding or reducing inefficient, wasteful, and unnecessary consumption of energy. Thus,
the proposed Specific Plan could have a significant effect on the environment if it were to:
E-1 Use large amounts of energy or fuel, or consume energy or fuel in a wasteful manner:
o During construction as the result of construction activities, or by resulting in the construction
or expansion of energy infrastructure that would cause significant environmental effects,
or
o Following construction, during project operations, by using large amounts of energy or use
energy for fuel in a wasteful manner either:
■ Within buildings or other onsite operations (stationary source consumption), or
■ As the result of vehicle trips associated with project site development (mobile source
consumption).
5.12.5 METHODOLOGY
A number of factors are considered when weighing whether a project would use a proportionately large
amount of energy or whether the use of energy would be wasteful in comparison to other projects. Factors
such as the use of on-site renewable energy features, energy conservation features or programs, and
relative use of transit are considered.
According to Appendix F of the CEQA Guidelines, conserving energy is defined as: decreasing overall per
capita energy consumption, decreasing reliance on natural gas and oil, and increasing reliance on
renewable energy sources. Neither Appendix F of the CEQA Guidelines nor Public Resources Code Section
21100(b)(3) offer a numerical threshold of significance that might be used to evaluate the potential
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Downtown Commercial Core Specific Plan 5.12 Energy Resources
significance of energy consumption of a project. Rather, the emphasis is on reducing "the wasteful,
inefficient, and unnecessary consumption of energy."
Construction activities would result in wasteful, inefficient, or unnecessary use of energy if construction
equipment is old or not well maintained, if equipment is left to idle when not in use, if travel routes are not
planned to minimize vehicle miles traveled, or if excess lighting or water is used during construction
activities. Energy usage during project operation would be considered "wasteful, inefficient, and
unnecessary" if the project were to violate federal, state, and/or local energy standards, including Title 24
of the California Code of Regulations; preclude use of onsite renewable energy systems; inhibit pedestrian
or bicycle mobility; inhibit access to transit; or inhibit feasible opportunities to use alternative energy
sources, such as solar energy, or otherwise conserve energy.
5.12.6 ENVIRONMENTAL IMPACTS
IMPACT E-1: USE LARGE AMOUNTS OF ENERGY OR FUEL IN A WASTEFUL MANNER
[THRESHOLD E-11.
Construction
Less than Significant Impact. Buildout of the proposed Specific Plan would result in an increase of up to
887 dwelling units and up to 300,000 square feet of non-residential space within the Specific Plan area
by 2035.
During construction of each site-specific development project pursuant to the Specific Plan, energy would
be consumed in three general forms:
1. Petroleum-based fuels used to power off-road construction vehicles and equipment on the project
sites, construction worker travel to and from the project sites, as well as delivery truck trips;
2. Electricity associated with providing temporary power for lighting and electric equipment; and
3. Energy used in the production of construction materials, such as asphalt, steel, concrete, pipes, and
manufactured or processed materials such as lumber and glass.
Construction activities pursuant to the Specific Plan would not be expected to result in greater demand for
fuel on a per -unit -of -development basis than other development projects in Southern California, with the
exception that because the Specific Plan area is generally developed currently, demolition of existing
development would be undertaken. While such demolition is typical for infill urban development,
demolition activities would result in energy consumption that would not occur on sites where demolition is
unnecessary. Because demolition is required and not optional to provide for the type of mixed-use
development that is an integral element of long-term energy conservation and GHG reduction programs,
the energy consumed during site demolition to make way for re -development is not considered to be
wasteful. Additionally, construction and development would occur over the lifetime of the plan, and
demand for construction -related electricity and fuels would be spread out over that timeframe.
In addition, construction contractors are required to demonstrate compliance with applicable CARB
regulations governing the accelerated retrofitting, repowering, or replacement of heavy duty diesel on -
and off-road equipment. Also, compliance with existing CARB idling restrictions and the use of newer
engines and equipment would reduce fuel combustion and energy consumption. Overall, construction
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Downtown Commercial Core Specific Plan 5.12 Energy Resources
activities would require limited energy consumption, would comply with all existing regulations, and would
therefore not be expected to use large amounts of energy or fuel in a wasteful manner.
Operation
Less than Significant Impact. Once operational, site-specific developments that would occur pursuant to
the Specific Plan would include residential, retail, office, and mixed -uses that generate demand for
electricity, natural gas, as well as gasoline for motor vehicle trips. However, these types of land uses would
involve energy consumption quantities that are typical for urban infill development, and no operational
activities or land uses would occur that would result in extraordinary energy consumption.
Operational use of energy includes the heating, cooling, and lighting of buildings; water heating;
operation of electrical systems and plug-in appliances within buildings; parking lot and outdoor lighting;
and the transport of electricity, natural gas, and water to the areas where they would be consumed. New
development that would be facilitated by the proposed Specific Plan would be required to meet Title 24
energy efficiency standards. In complying with these standards, impacts to peak energy usage periods
would be minimized, and impacts on statewide and regional energy needs would be reduced.
In addition, as shown in Tables 5.12-1, Estimated Annual Operational Automobile Fuel Consumption,
vehicular trips generated from operation of the proposed Specific Plan are estimated to result in the
annual use of approximately 1,842,775 gallons of fuel.
Table 5.12-1: Estimated Annual Operational Automobile Fuel Consumption
Average Vehicle Estimated Annual
Annual Vehicle Fuel Economy Fuel Consumption
Miles Traveled (mpg) (gallons)
Passenger Cars
(Light Duty Autos)
39,037,232 26.77
1,458,246
Light Heavy -Duty Trucks
756,373 12.94
58,452
Medium Heavy -Duty Trucks
1,176,580 8.17
144,012
Heavy Heavy -Duty Trucks
1,050,518 5.77
182,065
Total
42,020,703
1,842,775
Source: Urban Crossroads, 2017.
However, the infill development that would occur as a result of the proposed Specific Plan would be within
an urbanized area where existing infrastructure provides for efficient delivery of electricity and natural
gas to the project area. Implementation of the Specific Plan would also improve existing pedestrian and
bicycle routes, access to transit, and would locate homes in an urban environment close to job opportunities
and services, which generally results in a reduction of vehicle miles travelled from development within the
Specific Plan area and would, in -turn reduce vehicular related energy use. Thus, the proposed Specific
Plan would not use large amounts of energy or fuel in a wasteful manner related to vehicle trips.
In addition, other existing regulations are likely to result in more efficient use of all types of energy, and
reduction in reliance on non-renewable sources of energy within the Specific Plan area through 2035.
These include the federal Energy Independence and Security Act, the State Long Term Energy Efficiency
Strategic Plan, and the State Title 24 regulations (all described above), which are designed to reduce
reliance on non-renewable energy resources and reduces demand by providing federal tax credits for
purchasing fuel-efficient items, and providing goals for developing energy efficient buildings, and
improving the renewable fuel, appliance, and lighting standards.
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Downtown Commercial Core Specific Plan 5.12 Energy Resources
The overall energy usage that would result from build out of the proposed Specific Plan would increase
incrementally as each future each site-specific development project is built. However, the levels would be
typical for the proposed land uses, and no aspect of the proposed project or land use would involve
higher than typical energy demands. Further, the Specific Plan would comply with all Title 24 standards.
Therefore, the energy demand from the proposed project would not result in "wasteful, inefficient, and
unnecessary" energy usage and impacts would be less than significant.
5.12.7 CUMULATIVE IMPACTS
Less than Significant Impact. The geographic context for analysis of cumulative impacts regarding energy
includes past, present, and future development within southern California because energy supplies
(including electricity, natural gas, and petroleum) are generated and distributed throughout the southern
California region.
All development projects throughout the region would be required to comply with the energy efficiency
standards in the Title 24 requirements; additionally, some of the developments could provide for
additional reductions in energy consumption by use of solar panels, sky lights, or other Leadership in
Energy and Environmental Design (LEED) type energy efficiency infrastructure. With implementation of the
existing energy conservation regulations, cumulative electricity and natural gas consumption would not be
cumulatively wasteful.
Petroleum consumption associated with the new development from the proposed Specific Plan would be
primarily attributable to transportation, especially vehicular use. However, pursuant to Southern California
Association of Governments' Regional Transportation Plan/Sustainable Communities Strategy, development
patterns throughout the region would provide for greater use of transit and alternative modes of
transportation from development of new mixed -uses that allow residents to work, shop, and live within a
small area, reducing average trip lengths, which would in turn result in lower consumption of fuels. These
considerations would reduce wasteful petroleum consumption associated with unnecessary automobile trips
and long commutes. Also, State fuel efficiency standards and alternative fuels policies (per AB 1007
Pavely) would also contribute to a reduction in fuel use. For these reasons, the consumption of petroleum
would not occur in a wasteful manner and would be less than cumulatively considerable. Overall, impacts
from cumulative projects associated with energy would be less than significant.
5.12.8 EXISTING REGULATIONS, STANDARD CONDITIONS, AND
PLANS, PROGRAMS, OR POLICIES
Existing Regulations
• California Energy Code (Code of Regulations, Title 24 Part 6).
Plans, Program and Policies (PPPs) and Standard Conditions
None.
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Downtown Commercial Core Specific Plan 5.12 Energy Resources
5.12.9 LEVEL OF SIGNIFICANCE BEFORE MITIGATION
Less than Significant Impact. Upon implementation of regulatory requirements Impact E-1 would be less
than significant.
5.12.10 MITIGATION MEASURES
No mitigation measures are required.
5.12.1 1 LEVEL OF SIGNIFICANCE AFTER MITIGATION
Less than Significant Impact. No significant unavoidable adverse impacts related to energy have been
identified and impacts would be less than significant
REFERENCES
Southern California Edison. SCE.com Circle City Substation and Mira Loma -Jefferson Sub -transmission
Project (SCE 2017). Accessed at: sce.com/wps/portal/home/about-us/reliability
California Gas and Electric Utilities 2016 California Gas Report (CGEU 2016). Accessed at:
https://www.socalgas.com/regulatory/documents/cgr/201 6-cgr.pdf
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5.13 Mandatory Findings of Significance
5.13.1 GROWTH INDUCEMENT
This section analyzes the growth inducement potential of the proposed Specific Plan and the associated
secondary effects of growth the Specific Plan might permit. As required by CEQA Guidelines Section
15126.2(d), an EIR must:
"Discuss the ways in which the proposed project could foster economic or population
growth, or the construction of additional housing, either directly or indirectly, in the
surrounding environment. Included in this are projects which would remove obstacles to
population growth (a major expansion of a recycled water plant might, for example,
allow for more construction in service areas). Increases in the population may tax existing
community service facilities, requiring construction of new facilities that could cause
significant environmental effects. Also discuss the characteristic of some projects which may
encourage and facilitate other activities that could significantly affect the environment,
either individually or cumulatively. It must not be assumed that growth in any area is
necessarily beneficial, detrimental, or of little significance to the environment."
A project can have a direct effect on population growth, for example, if it would involve construction of
substantial new housing. A project could also have indirect growth -inducement potential if it would:
• Establish substantial new permanent employment opportunities (e.g., commercial, industrial,
governmental, or other employment -generating enterprises) or otherwise stimulate economic
activity;
• Remove a physical or regulatory obstacle to additional growth and development, such as
removing a constraint to or increasing the capacity of a required public service (physical obstacle).
For example, an increase in the capacity of utility or road infrastructure could allow either new or
additional development in the surrounding area. A project could also include growth by removing
a regulatory obstacle, such as by increasing allowable development intensity; or
• Stimulate economic activity within an area such that is would result in the need for additional
housing, businesses, and services to support increased economic activities.
CEQA Guidelines do not distinguish between planned and unplanned growth for purposes of considering
whether a project would foster additional growth. Therefore, for purposes of this EIR, to reach the
conclusion that the project is growth inducing as defined by CEQA, the EIR must find that it would foster
(i.e., promote or encourage) additional growth in economic activity, population, or housing, regardless of
whether the growth is consistent with local plans or is beyond the level of growth that is anticipated by
local plans. The conclusions set forth in this EIR regarding growth inducement do not address or imply
whether such induced growth is beneficial or detrimental, consistent with CEQA Guidelines Section
15126.2(d).
If the analysis contained in this section determines that the Specific Plan has growth inducing effects, the
next question is whether that growth may cause adverse effects on the environment. Environmental effects
resulting from induced growth (i.e., growth -induced effects) fit the CEQA definition of "indirect" effects in
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Downtown Commercial Core Specific Plan 5.13 Mandatory Findings of Significance
Section 15358(a)(2) of the State CEQA Guidelines. These indirect or secondary effects of growth may
result in significant environmental impacts. While CEQA Guidelines require an EIR to "discuss the ways" a
project could induce growth, and to discuss project characteristics that may "encourage... activities that
could significantly affect the environment," CEQA Guidelines do not require an EIR to attempt to predict
where, when, or in what form induced growth might occur. The answers to such questions require substantial
speculation, which CEQA discourages (CEQA Guidelines Section 15145).
Thus, any decision whether to allow projects that might result from induced growth is the subject of
separate decision making by the lead agency responsible for considering such projects. Because the
decision to allow growth is subject to separate discretionary decision making, and such decision making is
itself subject to CEQA, the analysis of growth -inducing effects is not intended to determine site-specific
environmental impacts or mitigation for the potentially induced growth. Rather, the discussion is intended to
disclose the potential for environmental effects to occur more generally, such that decision makers are
aware that additional environmental effects are a possibility if growth -inducing projects are approved.
The decision of whether impacts do occur, their extent, and the ability to mitigate them is appropriately
left to consideration by the agency responsible for approving such projects at such times as complete
applications for development are submitted.
Establish Substantial New Permanent Employment Opportunities or Otherwise Stimulate Economic Activity
The proposed Specific Plan project would result in development of up to 300,000 square feet of non-
residential employment generating uses by 2035.
SCAG estimates that employment in the City will increase from 41,100 jobs in 2017 to 64,600 in 2035,
which is an increase of 23,500 jobs or a 58 percent increase (SCAG 2016 growth forecast). The
employment anticipated by the proposed Specific Plan would generate approximately 840 new
employees (per the OCTAM model see Section 5.7, Population and Housing), which represents a small
portion (3.6 percent) of the estimated job growth. The 840 jobs expected in the Specific Plan area are
included in SCAG projections because the employment land in the Specific Plan area are included in the
General Plan, and are not changing with implementation of the Specific Plan. Thus, the employment that
would occur within the Specific Plan area would be less than significant.
Additionally, the new jobs would accommodate the forecasted employment in an environmentally
sustainable manner by improving the jobs to housing balance, that would reduce vehicle miles traveled.
Furthermore, as listed below, the City of Tustin has had recent unemployment rates ranging between 3.1
and 9.1 percent (EDD, 2017).
• April 2017: 3.1 percent unemployment rate
• April 2016: 3.7 percent unemployment rate
• Annual Average 2015:
4.2 percent unemployment rate
• Annual Average 2014:
5.1 percent unemployment rate
• Annual Average 2013:
6.1 percent unemployment rate
• Annual Average 2012:
7.4 percent unemployment rate
• Annual Average 2011:
8.5 percent unemployment rate
• Annual Average 2010:
9.1 percent unemployment rate
The jobs would provide new employment opportunities to employees that are already living in Tustin and
the surrounding cities. Most of the new commercial and office jobs that would be created by the proposed
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Downtown Commercial Core Specific Plan 5.13 Mandatory Findings of Significance
Specific Plan would be positions that are anticipated to be filled by people who would already be living
within Tustin and surrounding communities, and would not induce an unanticipated influx of new labor into
the region. As described in Section 5.7, Population and Housing, build out of the Specific Plan would result
in an improvement in the jobs -household ratio from an existing ratio of 1.52 jobs per household to 1.41
jobs per household, which is a benefit of the proposed Specific Plan because a more balanced jobs -to -
housing ratio could improve the environment by reducing vehicle miles traveled and emissions from motor
vehicles. Overall, the proposed Specific Plan would accommodate forecasted employment growth
consistent with SCAG's regional forecasts. Thus, impacts related to increased growth through the provision
of employment opportunities would be less than significant.
Remove a Physical or Regulatory Obstacle to Additional Growth and Development
The elimination of a physical obstacle to growth is considered to be a growth inducing impact. A physical
obstacle to growth typically involves the lack of public service infrastructure. The proposed Specific Plan
would induce growth if it would provide public services or infrastructure with excess capacity to serve lands
that would otherwise not be developable, except for the infrastructure capacity provided by the proposed
Plan.
The Specific Plan area is a developed urban area that is connected to the City's existing infrastructure
system. Water, sewer, drainage, and roadways provide service to all of the areas within the Specific Plan.
As described in Section 5.10, Utilities and Service Systems, development projects pursuant to the Specific
Plan would include installation of onsite infrastructure and new connections to the existing infrastructure
systems, which could include improvements to existing aged infrastructure. However, these potential
improvements would be sized to accommodate new development, and not provide excess capacity. As
described above, the Specific Plan area is urban and developed and the projects implemented by the
Specific Plan would consist of infill and redevelopment of existing uses, not development in undeveloped
areas, or extension of infrastructure into an unserved, or underserved area. Because the anticipated
infrastructure improvements would only enhance services to proposed developments and not provide an
extension of service to areas that are currently not served, or provide excess capacity, infrastructure
improvements would not result in significant growth inducing impacts.
The Specific Plan would also implement circulation improvements, such as pedestrian and bicycle facilities,
which would enhance local circulation and use of transit. The circulation improvements provided by the
proposed Plan would not extend circulation into a new area or provide excess circulation capacity that
could induce growth. The improvements proposed by the Specific Plan would enhance circulation to
provide for multi -modal transportation. As a result, the circulation improvements would result in less than
significant growth inducing impacts
Stimulate Economic Activity Within an Area Such That It Would Result in the Need for Additional Housing,
Businesses, and Services to Support Increased Economic Activities
Induced growth can occur outside of a project site as the result of direct and indirect investment and
spending by residents, employees, and businesses. Such growth stems from the "induced" employment
generated by a project's economic activity. Indirect employment growth generated by a direct increase in
economic activity can be due to the increases in spending that would occur on the part of the businesses,
employees, and employee households. It could also be due to the additional spending that would occur on
the part of suppliers of goods and services demanded by a project's direct economic activity (households,
businesses and employees). As described previously, the proposed Specific Plan would implement economic
activity that would result in an improvement in the jobs -household ratio, which is a benefit of the proposed
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Downtown Commercial Core Specific Plan 5.13 Mandatory Findings of Significance
Specific Plan. The City of Tustin has had recent unemployment rates ranging between 3.1 and 9.1 percent
(EDD, 2017), and most of the new jobs that would be created by the Specific Plan would be positions that
do not require a specialized workforce, and this type of workforce exists in the City and surrounding
areas. Thus, it is anticipated that new jobs that would be generated from implementation of the Specific
Plan would be filled by people within Tustin and surrounding communities, and would not induce an
unanticipated influx of new labor into the region. Therefore, job growth from build out of the proposed
Specific Plan would result in new permanent employment opportunities and stimulate economic activity;
however, the Specific Plan would meet future employment demands per SCAG's 2016 projections.
Overall, the proposed Specific Plan would not remove any obstacles that would result in increased levels
of growth that would not otherwise occur. Therefore, impacts would be less than significant.
Environmental Impacts of Induced Growth
As described above, implementation of the proposed Specific Plan and its 887 residential units would
provide development to accommodate SCAG's forecasted employment demands. All physical
environmental effects from construction of development has been analyzed in all technical sections of this
EIR. For example, activities such as excavation, grading, and construction as required for the proposed
residential and commercial uses would result in impacts that are analyzed in the Air Quality, Greenhouse
Gas Emissions, Noise, and Transportation and Circulation sections. Therefore, construction of the proposed
Specific Plan has been analyzed in this EIR and would be adequately mitigated either through
implementation of plans, policies, and programs and/or mitigation measures contained within Chapter 5 of
this EIR.
5.13.2 SIGNIFICANT IRREVERSIBLE EFFECTS
State CEQA Guidelines require the EIR to consider whether "uses of nonrenewable resources during the
initial and continued phases of the project may be irreversible since a large commitment of such resources
makes removal or nonuse thereafter unlikely. Also, irreversible damage can result from environmental
accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure
that such current consumption is justified." (CEQA Guidelines Section 15126.2(c)). "Nonrenewable resource"
refers to the physical features of the natural environment, such as land, waterways, mineral resources, etc.
These irreversible environmental changes may include current or future uses of non-renewable resources,
and secondary or growth -inducing impacts that commit future generations to similar uses.
Generally, a project would result in significant irreversible environmental changes if:
• The primary and secondary impacts would generally commit future generations to similar uses;
• The project would involve a large commitment of nonrenewable resources;
• The project would involve uses in which irreversible damage could result from any potential
environmental accidents associated with the project; or
• The proposed irretrievable commitments of nonrenewable resources is not justified (e.g., the
project involves the wasteful use of energy).
The proposed Specific Plan would result in or contribute to the following irreversible environmental
changes:
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5.13 Mandatory Findings of Significance
• Lands in the Specific Plan area would be committed to new uses once site-specific development
projects are approved and constructed. Secondary effects associated with this irreversible
commitment of land resources include:
o Changes in views associated with construction of the new buildings and associated
development (see Section 5.1, Aesthetics).
o Increased traffic on area roadways (see Section 5.9, Transportation and Circulation).
o Emissions of air pollutants associated with project construction and operation (see Section
5.2, Air Quality).
o Consumption of non-renewable energy associated with construction and operation of the
Specific Plan due to the use of automobiles, lighting, heating and cooling systems,
appliances, etc. (see Section 5.12, Energy Resources).
o Increased ambient noise associated with an increase in activities and traffic associated
with future site-specific development projects (see Section 5.6, Noise).
• Construction of the proposed Specific Plan as described in Section 3.0, Project Description, would
require the use of energy produced from non-renewable resources and construction materials.
Regarding energy usage from the proposed Specific Plan, as demonstrated in the analyses contained in
Section 5.12, Energy Resources, the proposed Specific Plan would not involve wasteful or unjustifiable use
of non-renewable resources, and conservation efforts would be enforced during construction and operation
of proposed development. The future developments pursuant to the Specific Plan would incorporate
energy- conserving project features, pursuant to the California Building Code, California Energy Code Title
24, which specify green building standards for new developments. In addition, project specific information
related to energy consumption is provided in Section 5.12, Energy Resources, of this EIR.
5.13.3 SIGNIFICANT UNAVOIDABLE IMPACTS
Section 15126.2(b) of the CEQA Guidelines requires an EIR to describe "any significant impacts, including
those which can be mitigated but not reduced to a level of insignificance." Potential environmental effects
of the proposed Specific Plan and mitigation measures are discussed in detail throughout in Section 5 of
this EIR. As summarized below and detailed in Section 5.2, Air Quality, Section 5.4, Greenhouse Gas
Emissions, and Section 5.9, Transportation and Circulation, impacts in the following areas would remain
significant and unavoidable, even with the incorporation of standard conditions; plans, programs, policies;
and feasible mitigation measures.
Air Quality
■ As detailed in Section 5.2, Air Quality, due to the uncertainty of the timing and methods of
construction activities related to Specific Plan development projects, a significant impact could
occur related to construction emissions of ROGs and NOx, with implementation of South Coast Air
Quality Management District (SCAQMD) Rules and mitigation measures. In addition, operation of
the proposed Specific Plan would result in exceedance of the applicable SCAQMD thresholds for
ROGs, NOx, and CO after implementation of mitigation. Therefore, emissions generated from
implementation of the proposed Specific Plan would be significant and unavoidable.
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5.13 Mandatory Findings of Significance
■ Cumulative Air Quality Impacts: As described in Section 5.2, Air Quality, per SCAQMD's
methodology, if an individual project results in air emissions of criteria pollutants (including ROG,
CO, NOx, SOx, PMio, and PM2.5) that exceed the SCAQMD's thresholds for project -specific
impacts, then it would also result in a cumulatively considerable net increase of these criteria
pollutants for which the region is in non -attainment under an applicable federal or state ambient
air quality standard.
As described previously, emissions from construction of projects pursuant to the proposed Specific
Plan would exceed SCAQMD's threshold for ROGs and NOx after implementation of SCAQMD
Rules and mitigation measures. In addition, emissions from buildout of the proposed Specific Plan
would exceed the applicable SCAQMD thresholds for ROGs, NOx, and CO after implementation
of mitigation. Therefore, operational -source emissions from implementation of the proposed
Specific Plan would be cumulatively considerable, and cumulative air quality impacts would be
significant and unavoidable.
Greenhouse Gas Emissions
■ As detailed in Section 5.4, Greenhouse Gas Emissions, the GHG emissions that would be generated
from the increase in population and the resulting vehicular trips and use of electricity, water, and
fuels from construction and operation of the proposed Specific Plan at buildout would be in excess
of both the SCAQMD screening threshold and 2035 efficiency level threshold. Mitigation Measures
are included to require Specific Plan development projects to be designed to achieve a 5 percent
efficiency beyond the incumbent California Building Code Title 24 requirements, and to be
designed to reduce water usage by a minimum of 30 percent when compared to baseline water
demand. However, even with implementation of these mitigation measures the GHG emissions
generated by the proposed Specific Plan would remain significant and unavoidable.
■ Cumulative Greenhouse Gas Emissions Impacts: GHG emissions impacts are assessed in a
cumulative context, since no single project can cause a discernible change to climate. The analysis
of greenhouse gas emission impacts under CEQA contained in this EIR effectively constitutes an
analysis of a project's contribution to the significant statewide cumulative impact of GHG
emissions. Because the estimated GHG emissions from development and operation of the
proposed Specific Plan at buildout would exceed the AQMD screening threshold and exceed the
SCAQMD 2035 efficiency level threshold after implementation of mitigation measures, the
contribution of the Specific Plan to significant cumulative GHG impacts is significant and
unavoidable and cumulatively considerable.
Transportation and Circulation
■ As detailed in Section 5.9, Transportation and Circulation, the proposed Specific Plan would result
in traffic impacts. The Caltrans intersection of Newport Avenue at 1-5 northbound on-ramp is
forecast to operate at LOS F under existing, future, and with all project conditions. Installation of a
traffic signal at the intersection would allow this location to operate at an LOS A and B in the
peak hours. However, the intersection is under Caltrans jurisdiction, and the City does not have the
sole authority to install a signal at this location. Therefore, the impact at this intersection is
considered significant and unavoidable. A traffic signal at this location is recommended in the
Caltrans Final Traffic Operations Report for State Route 55 (1-5 to 1-405) Project
Approval/Environmental Document (PR/ED) that was published in October 2015. The City of Tustin
will cooperate with Caltrans when Caltrans proceeds with this traffic signal improvement, as
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Downtown Commercial Core Specific Plan
5.13 Mandatory Findings of Significance
included in Mitigation Measure TR -1. Unless and until Caltrans implements the traffic signal at this
location, impacts would remain significant and unavoidable.
■ Cumulative Traffic Impacts: The impacts of the proposed Specific Plan and the anticipated
cumulative development would result in an impact at the intersection of Newport Avenue at the 1-5
northbound on-ramp, which is under the jurisdiction of Caltrans. The addition of traffic from the
proposed Specific Plan would be cumulatively considerable due to the existing conditions. The City
of Tustin cannot guarantee installation of a traffic signal that is in a location under Caltrans
jurisdiction. Therefore, traffic impacts from implementation of the DCCSP would be cumulatively
significant and remain significant and unavoidable.
REFERENCES
California Employment Development Department Labor Force and Unemployment Rate for Cities and
Census Designated Places. Accessed at: http://www.labormarketinfo.edd.ca.gov/data/labor-force-and-
unemployment-for-cities-and-census-areas.html
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5.13 Mandatory Findings of Significance
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6. Alternatives
This section addresses alternatives to the proposed Specific Plan and describes the rationale for including
them in the EIR. The section also discusses the environmental impacts associated with each alternative and
compares the relative impacts of each alternative to those of the proposed Specific Plan.
6.1 INTRODUCTION
The identification and analysis of alternatives to a project is a fundamental part of the environmental
review process pursuant to CEQA. Public Resources Code (PRC) Section 21002.1(a) establishes the need to
address alternatives in an EIR by stating that in addition to determining a project's significant
environmental impacts and indicating potential means of mitigating or avoiding those impacts, "the
purpose of an environmental impact report is ... to identify alternatives to the project."
Pursuant to CEQA Guidelines Section 15126.6(a), an EIR must describe a reasonable range of alternatives
to the proposed project or to the project's location that would feasibly avoid or lessen its significant
environmental impacts while attaining most of the proposed project's objectives. CEQA Guidelines Section
15126.6(b) emphasizes that the selection of project alternatives be based primarily on the ability to
reduce impacts relative to the proposed project. In addition, CEQA Guidelines Section 15126.6(e)(2)
requires the identification and evaluation of an "Environmentally Superior Alternative."
Pursuant to CEQA Guidelines Section 15126.6(d), discussion of each alternative presented in this EIR Section
is intended "to allow meaningful evaluation, analysis, and comparison with the proposed project." As
permitted by CEQA, the significant effects of each alternative are discussed in less detail than those of the
proposed Specific Plan, but in enough detail to provide perspective and allow for a reasoned choice
among alternatives to the proposed project.
In addition, the "range of alternatives" to be evaluated is governed by the "rule of reason" and
feasibility, which requires the EIR to set forth only those alternatives that are feasible and necessary to
permit an informed and reasoned choice by the lead agency and to foster meaningful public participation
(CEQA Guidelines Section 15126.6(f)). CEQA generally defines "feasible" to mean an alternative that is
capable of being accomplished in a successful manner within a reasonable period of time, taking into
account economic, environmental, social, technological, and legal factors and other considerations (CEQA
Guidelines Sections 15091(a)(3), 15364).
Based on the CEQA requirements described above, the alternatives addressed in this EIR were selected in
consideration of one or more of the following factors:
• The extent to which the alternative could avoid or substantially lessen any of the identified
significant environmental effects of the proposed Specific Plan project;
• The extent to which the alternative could accomplish the objectives of the proposed Specific Plan;
• The potential feasibility of the alternative;
• The appropriateness of the alternative in contributing to a "reasonable range" of alternatives that
would allow an informed comparison of relative advantages and disadvantages of the proposed
Specific Plan project and potential alternatives to it; and
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• The requirement of the CEQA Guidelines to consider a "no project" alternative; and to identify an
"environmentally superior" alternative in addition to the no project alternative (CEQA Guidelines
Section 15126.6(e)).
Neither the CEQA statute, the CEQA Guidelines, nor recent court cases specify a specific number of
alternatives to be evaluated in an EIR. Rather, "the range of alternatives required in an EIR is governed by
the rule of reason that sets forth only those alternatives necessary to permit a reasoned choice" (CEQA
Guidelines 15126(f)).
6.2 SIGNIFICANT UNAVOIDABLE ENVIROMENTAL EFFECTS
CEQA requires the alternatives selected for comparison in an EIR to avoid or substantially lessen one or
more significant effects of the project being evaluated. In order to identify alternatives that would avoid
or substantially lessen any of the identified significant environmental effects of implementation of the
proposed Specific Plan, the significant impacts must be considered, although it is recognized that
alternatives aimed at reducing the significant and unavoidable impacts would also avoid or reduce
impacts that were found to be less than significant or reduced to below a level of significance with
implementation of mitigation measures. The analysis in Chapter 5 of this EIR determined that buildout of
the proposed Specific Plan would result in the following significant and unavoidable impacts.
Air Quality
■ As detailed in Section 5.2, Air Quality, due to the uncertainty of the timing and methods of
construction activities related to Specific Plan development projects, a significant impact could
occur related to construction emissions of ROGs and NOx, with implementation of South Coast Air
Quality Management District (SCAQMD) Rules and mitigation measures. In addition, operation of
the proposed Specific Plan would result in exceedance of the applicable SCAQMD thresholds for
ROGs, NOx, and CO after implementation of mitigation. Therefore, emissions generated from
implementation of the proposed Specific Plan would be significant and unavoidable.
■ Cumulative Air Quality Impacts: As described in Section 5.2, Air Quality, per SCAQMD's
methodology, if an individual project results in air emissions of criteria pollutants (including ROG,
CO, NOx, SOx, PMio, and PM2.5) that exceed the SCAQMD's thresholds for project -specific
impacts, then it would also result in a cumulatively considerable net increase of these criteria
pollutants for which the region is in non -attainment under an applicable federal or state ambient
air quality standard.
As described previously, emissions from construction of projects pursuant to the proposed Specific
Plan would exceed SCAQMD's threshold for ROGs and NOx after implementation of SCAQMD
Rules and mitigation measures. In addition, emissions from buildout of the proposed Specific Plan
would exceed the applicable SCAQMD thresholds for ROGs, NOx, and CO after implementation
of mitigation. Therefore, operational -source emissions from implementation of the proposed
Specific Plan would be cumulatively considerable, and cumulative air quality impacts would be
significant and unavoidable.
Greenhouse Gas Emissions
■ As detailed in Section 5.4, Greenhouse Gas Emissions, the greenhouse gas (GHG) emissions that
would be generated from the increase in population and the resulting vehicular trips and use of
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Downtown Commercial Core Specific Plan 6. Alternatives
electricity, water, and fuels from construction and operation of the proposed Specific Plan at
buildout would be in excess of both the SCAQMD screening threshold and 2035 efficiency level
threshold. Mitigation Measures are included to require Specific Plan development projects to be
designed to achieve a 5 percent efficiency beyond the incumbent California Building Code Title
24 requirements, and to be designed to reduce water usage by a minimum of 30 percent when
compared to baseline water demand. However, even with implementation of these mitigation
measures the GHG emissions generated by the proposed Specific Plan would remain significant
and unavoidable.
■ Cumulative Greenhouse Gas Emissions Impacts: GHG emissions impacts are assessed in a
cumulative context, since no single project can cause a discernible change to climate. The analysis
of greenhouse gas emission impacts under CEQA contained in this EIR effectively constitutes an
analysis of a project's contribution to the significant statewide cumulative impact of GHG
emissions. Because the estimated GHG emissions from development and operation of the
proposed Specific Plan at buildout would exceed the SCAQMD screening threshold and exceed
the SCAQMD 2035 efficiency level threshold after implementation of mitigation measures, the
contribution of the Specific Plan to significant cumulative GHG impacts is significant and
unavoidable and cumulatively considerable.
Transportation and Circulation
■ As detailed in Section 5.9, Transportation and Circulation, the proposed Specific Plan would result
in traffic impacts to the Caltrans intersection of Newport Avenue at 1-5 northbound on-ramp. This
intersection is forecast to operate at LOS F under existing, future, and with all project conditions.
Installation of a traffic signal at the intersection would allow it to operate at LOS A and B in the
peak hours. However, the intersection is under Caltrans jurisdiction, and the City does not have the
sole authority to install a signal at this location. The City will cooperate with Caltrans when they
initiate the construction of this intersection, is included as Mitigation Measure TR- 1. Therefore, the
impact at this intersection is considered significant and unavoidable. A traffic signal at this location
is also recommended in the Caltrans Final Traffic Operations Report for State Route 55 (1-5 to 1-
405) Project Approval/Environmental Document (PR/ED) that was published in October 2015.
Unless and until Caltrans implements the traffic signal at this location, impacts would remain
significant and unavoidable.
■ Cumulative Traffic Impacts: The impacts of proposed Specific Plan and the anticipated cumulative
development would result in an impact at the intersection of Newport Avenue at the 1-5
northbound on-ramp, which is under the jurisdiction of Caltrans. The addition of traffic from the
proposed Specific Plan would be cumulatively considerable due to the existing conditions. The City
of Tustin cannot guarantee installation of a traffic signal that is in a location under Caltrans
jurisdiction. Therefore, traffic impacts from implementation of the DCCSP would be cumulatively
significant and remain significant and unavoidable.
6.3 PROJECT OBJECTIVES
Project Objectives
The project objectives and underlying purpose of the proposed project are derived from the DCCSP Goals
and Vision Statements, as follows:
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Downtown Commercial Core Specific Plan 6. Alternatives
1. Bolster an economically vibrant and active downtown environment through introduction of mixed
uses.
2. Draw more patrons and expand walkability through enhanced pedestrian -oriented commercial
first floor development.
3. Introduce a sufficient level of high-quality, integrated residential mixed use, and focused
multifamily development to invigorate Old Town Tustin.
4. Transform streets and create neighborhood connectivity through pedestrian -oriented
improvements.
5. Differentiate Old Town Tustin by embracing its unique historic downtown character.
6. Maintain a commercial focus for the project area.
7. Create additional integrated public spaces to serve existing and future residents and visitors, and
to provide opportunities for community events, interaction, and strengthening the area's sense of
community.
6.4 ALTERNATIVES CONSIDERED BUT REJECTED
Pursuant to CEQA Guidelines Section 15126.6(c), an EIR must briefly describe the rationale for selection
and rejection of alternatives. The lead agency may make an initial determination as to which alternatives
are potentially feasible and, therefore, merit in-depth consideration, and which are infeasible and need
not be considered further. Alternatives that are remote or speculative, or the effects of which cannot be
reasonably predicted, need not be considered (CEQA Guidelines Section 15126.6(f), (f)(3)). This section
identifies alternatives considered by the lead agency but rejected as infeasible, and provides a brief
explanation of the reasons for their exclusion. Alternatives may be eliminated from detailed consideration
in the EIR if they fail to meet most of the project objectives, are infeasible, or do not avoid any significant
environmental effects.
• Alternative Site: Alternative sites were not selected for evaluation because the primary purpose
of the proposed Specific Plan is to guide redevelopment of the downtown area by introducing
residential and mixed use, and proposing circulation improvements for vehicles, pedestrians,
bicyclists, and transit users. Since all of the project objectives are related to Tustin's downtown
area, none of these objectives could be met in another location.
6.5 ALTERNATIVES SELECTED FOR FURTHER ANALYSIS
Three alternatives to the proposed Specific Plan project have been identified for further analysis as
representing a reasonable range of alternatives that attain most of the objectives of the project, may
avoid or substantially lessen any of the significant effects of the proposed project, and are feasible from a
development perspective. These alternatives have been developed based on the criteria identified in
Section 6.1, Introduction, and are described below:
• Alternative 1: No Project/ Buildout of Existing Zoning Alternative. Under this alternative, the
proposed Specific Plan would not be developed. In accordance with the CEQA Guidelines, the No
Project/ Buildout of Existing Zoning Alternative will be the continuation of the existing plan, policy
or operation into the future when the project is the revision of an existing land use or regulatory
plan, policy or ongoing operation. Section 15126.6(e)(3)(A) of the CEQA Guidelines states that,
"typically this is a situation where other projects initiated under the existing plan will continue while
the new plan is developed. Thus, the projected impacts of the proposed plan or alternative plans
would be compared to the impacts that would occur under the existing plan."
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This alternative evaluates the environmental effects of buildout of the Specific Plan area according
to the existing General Plan and zoning designations. Because the Specific Plan area is an urban
area that is generally built out, most new development would occur as adaptive reuse of existing
buildings, development on existing vacant sites, and infill or re -development of existing uses at the
intensity allowed by the existing zoning. The addition of residential uses and mixed residential
uses within the Specific Plan area would not occur, as proposed by the project. However, the
Vintage Planned Community—a 140 multi -family dwelling unit community, which was recently
approved by the City and is currently under construction—would be developed. In addition, as
described in Chapter 3.0, Project Description, the 300,000 square feet of non-residential
development that is assumed by the Specific Plan consists of buildout of the existing non-
residential parcels in the Specific Plan area as designated by the existing General Plan Land Use
Map and Zoning Map. Because the land use and zoning designations of the non-residential parcels
would not change as a result of the proposed Specific Plan, the No Project/ Buildout of Existing
Zoning Alternative assumes development of 300,000 square feet of non-residential space as
allowed by existing General Plan and Zoning.
The Alternative 1: No Project/Buildout of Existing Zoning Alternative evaluation provides a
comparison between the environmental impacts of the proposed Specific Plan in contrast to the
result from not approving, or denying, the proposed Specific Plan. Thus, this alternative is intended
to meet the requirements of CEQA Guidelines Section 15126.6(e) for evaluation of a no project
alternative.
• Alternative 2: Reduced Intensity Alternative. Under this alternative, a 25 percent reduction in the
number of proposed dwelling units would be developed (222 fewer dwelling units). The proposed
Specific Plan would allow for development of up to 887 dwelling units and 300,000 square feet
of non-residential development through the year 2035. Under this alternative, a maximum of 665
dwelling units (including the approved Vintage Planned Community which allows 140 multi -family
dwelling units) would be assumed developed. This alternative would allow for up to a 25 percent
shift of housing units between DAs, as provided by the project. This alternative includes all of the
circulation and streetscape improvements that are proposed by the project, and assumes
development of 300,000 square feet of non-residential space from buildout of areas that are
currently designated for non-residential development.
• Alternative 3: Limited Increase in Development Alternative. Under this alternative, a 50 percent
reduction in the number of dwelling units would be developed. The proposed Specific Plan would
allow for development of up to 887 dwelling units and 300,000 square feet of non-residential
development through the year 2035. Under this alternative, a maximum of 444 dwelling units
would be assumed developed (including the approved Vintage Planned Community which allows
140 multi -family dwelling units). This alternative would allow for a 25 percent shift of housing units
between DAs, as provided by the project. This alternative includes all of the circulation and
streetscape improvements that are proposed by the project, and assumes development of
300,000 square feet of non-residential space from buildout of areas that are currently
designated for non-residential development.
6.6 NO PROJECT/BUILDOUT OF EXISTING ZONING
ALTERNATIVE
Section 15126.6(e) of the CEQA Guidelines requires analysis of the No Project Alternative. The no project
alternative analysis must discuss the existing conditions at the time the Notice of Preparation/Initial Study
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Downtown Commercial Core Specific Plan 6. Alternatives
was published and considers conditions that would be reasonably expected to occur in the foreseeable
future if the project were not approved. The No Project Alternative applies to the following scenarios:
(1) When the project is a revision of an existing land use or regulatory plan, policy, or ongoing
operation, the "no project" alternative is the continuation of the existing plan, policy, or operation
into the future; or
(2) If the project is other than a land use or regulatory plan, for example a development project on
identifiable property, the "no project" alternative is the circumstance under which the project does
not proceed.
Therefore, under Alternative 1: No Project/Buildout of Existing Zoning Alternative, the proposed Specific
Plan project would not be implemented and the Specific Plan area would be developed pursuant to the
existing land use and zoning regulations. Limited new development would occur on vacant parcels and
redevelopment of sites would occur pursuant to the existing zoning. The addition of residential uses other
than what has already been approved and mixed residential uses within the Specific Plan area would not
occur. Alternative 1: No Project/Buildout of Existing Zoning Alternative provides a comparison between the
environmental impacts of the proposed Specific Plan and the result of not approving, or denying, the
proposed Specific Plan.
As described previously, the No Project/ Buildout of Existing Zoning Alternative includes the Vintage
Planned Community that includes 140 multi -family dwelling units, which has been recently approved by the
City, and 300,000 square feet of non-residential development that is already planned by the City's
General Plan and zoning code.
6.6.1 ENVIRONMENTAL IMPACTS
Aesthetics
Under the No Project/Buildout of Existing Zoning Alternative, infill development on remaining vacant
parcels, re -development per the existing zoning, and adaptive reuse of existing buildings would occur
within the Specific Plan area to add residential mixed uses. This alternative would not result in
intensification of existing developed sites within the Specific Plan area, and development under this
alternative would occur in the absence of unifying design guidelines, architectural guidelines, streetscape
improvements, or other aesthetic enhancements proposed in the Specific Plan that are intended to create
distinctive areas with attractive streets and public spaces. Although visual impacts would be less than
significant under this alternative, the overall visual quality of the Specific Plan would not be improved as
compared to the proposed project, which would result in an improvement in aesthetics and enhancement of
character within the area.
Development under this alternative would result in fewer new sources of light and glare from residential
infill. While the sources of light and glare would be similar, the number of sources would be fewer than
under Specific Plan development, and the resulting degree of light and glare impacts would be less.
However, both would result in similar less than significant impacts with implementation of the City's existing
lighting regulations (TCC Article 9, Chapter2, Part 7, Section 9271). Overall, the aesthetic impacts from
this alternative would be less than significant, and neutral in comparison to the proposed project.
Air Quality
Under the No Project/Buildout of Existing Zoning Alternative, a reduced level of development would occur
within the Specific Plan area by resulting in fewer new residential uses in the project area. The alternative
would not result in changes to zoning or the General Plan land uses. Therefore, it would be consistent with
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the Air Quality Management Plan (AQMP) and result in fewer impacts than the significant impacts to the
AQMP that would result from the proposed Specific Plan.
In this alternative, 140 dwelling units would be built; therefore, it would generate fewer construction and
operational emissions than would occur under the proposed Specific Plan, and is not anticipated to result in
a significant and unavoidable impact, which would occur from the proposed Specific Plan.
However, the existing zoning within the project area does not promote mixed uses and transit oriented
designs and does not provide improvements to circulation and connectivity that would help to reduce
vehicle trips. Overall, this alternative would result in fewer air quality emissions than the proposed Specific
Plan, but would not achieve the long-term objective of fostering a walkable and bikeable environment that
is accessible to residents, workers, and visitors. Due to the reduction in buildout that would occur by the No
Project/Buildout of Existing Zoning Alternative, less air quality impacts would occur than by the proposed
Specific Plan.
Cultural Resources
The No Project/Buildout of Existing Zoning Alternative would result in infill development on remaining
vacant parcels, re -development per the existing zoning, and adaptive reuse of existing buildings that have
the potential for impacting historic buildings or uncovering unknown buried archaeological resources.
However, less development and soils disturbance would occur by the No Project/Buildout of Existing Zoning
Alternative than would occur by the proposed Specific Plan because fewer units would be built; thus, the
likelihood of uncovering archaeological resources by this alternative would be less than for the proposed
Specific Plan. However, similar mitigation would be required for new development under the No
Project/Buildout of Existing Zoning Alternative to ensure that impacts are less than significant.
In addition, impacts related to historic resources would be avoided as adaptive reuse of historic structures
under this alternative would be required to adhere with the applicable TCC provisions adopted to protect
historic resource, including the City's Cultural Resources District Residential and Commercial Design
Guidelines, as would the proposed Specific Plan. Therefore, the No Project/Buildout of Existing Zoning
Alternative would result in a reduced potential to impact regarding cultural resources compared to the
proposed Specific Plan.
Greenhouse Gas Emissions
Under the No Project/Buildout of Existing Zoning Alternative, a reduced level of development would occur
within the Specific Plan area. This alternative would not develop 747 of the 887 dwelling units proposed
by the Specific Plan. Therefore, it would generate fewer construction and operational emissions than would
occur under the proposed Specific Plan, and is not anticipated to result in a significant and unavoidable
impact, which would occur from the proposed Specific Plan.
However, the existing land use and zoning within the project area does not promote mixed -uses and transit
oriented designs and does not provide improvements to circulation and connectivity that would help to
reduce vehicle trips. Overall, this alternative would result in fewer GHG emissions than the proposed
Specific Plan, but would not achieve the long-term objective of fostering a walkable and bikeable
environment that reduces vehicle miles traveled in the region. Due to the reduction in homes that would be
built by the No Project/Buildout of Existing Zoning Alternative, less GHG impacts would occur than by the
proposed Specific Plan. Therefore, GHG related impacts under this alternative would be reduced
compared to the proposed Specific Plan.
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Land Use and Planning
The No Project/Buildout of Existing Zoning Alternative would continue the existing land uses and zoning
designations within the area. The proposed Specific Plan has been prepared to provide a cohesive plan
that specifically addressees: development standards, site planning, building design, parking, architectural
treatment, landscaping, and circulation improvements. This alternative would not provide a cohesive plan
for optimal functioning of a walkable and bikeable environment that is accessible to residents, workers,
and visitors.
With the absence of the Specific Plan to guide development of the area, development would be
considered on a project -by -project basis, which would not provide for a cohesive future land use plan that
would maximize land use and circulation opportunities. This alternative would not implement the pedestrian
and bicycle circulation patterns identified in the Specific Plan to improve access and reduce local vehicular
trips. In addition, this alternative would not implement SCAG policies that encourage greater densities in
areas with transit and mixed-use opportunities and less dependence on the automobile. The No
Project/Buildout of Existing Zoning Alternative would not implement SCAG policies in a cohesive manner,
such as would be done by the proposed Specific Plan.
However, the land uses that would occur by the No Project/Buildout of Existing Zoning Alternative would
be consistent with the City's General Plan and zoning ordinance. Hence, like the proposed Specific Plan,
the No Project/Buildout of Existing Zoning Alternative would result in a less than significant impact, and
would be neutral in comparison to the proposed project.
Noise
The No Project/Buildout of Existing Zoning Alternative would develop 140 dwelling units instead of the
887 dwelling units (747 fewer units), as would be done under buildout of the proposed Specific Plan.
However, because the Specific Plan area is urban and developed, the development that would occur
under both the proposed Specific Plan and the No Project/Buildout of Existing Zoning Alternative would
consist of infill and redevelopment that would result in similar construction and operation related noise
impacts. Because the overall development potential would be reduced by the No Project/Buildout of
Existing Zoning Alternative compared to the proposed Specific Plan, the No Project/Buildout of Existing
Zoning Alternative would result in an incremental reduction in construction and operational noise impacts.
However, noise sources would continue to be adjacent to or nearby existing sensitive receptors (such as,
existing residences) in the Specific Plan area and would require similar mitigation measures as the
proposed Specific Plan. Therefore, the construction noise impact would be the same as what would occur
by the proposed Specific Plan.
The existing zoning would result in the development of 747 fewer dwelling units than the proposed project.
Therefore, fewer vehicular trips would occur by the No Project/Buildout of Existing Zoning Alternative than
by the proposed Specific Plan. As a result, less vehicular noise would be generated by this alternative than
under the proposed Specific Plan, and vehicle -related operational noise impacts would be less under the
No Project/Buildout of Existing Zoning Alternative. However, operational noise impacts that would occur by
the proposed Specific Plan are considered less than significant. Other operational impacts related to
equipment, machinery, loading docks, or operation of other facilities under this alternative would be similar
as what would occur by the proposed Specific Plan, and would result in less than significant impacts.
Additionally, the No Project/Buildout of Existing Zoning Alternative would result in fewer people exposed
to noise from surrounding development and roadways because fewer additional residents would be
generated. As such, impacts would be less than significant, and less than those associated with the
proposed Specific Plan.
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Population and Housing
Under the No Project/Buildout of Existing Zoning Alternative, 747 fewer dwelling units would be
developed, then by buildout of the proposed Specific Plan. The increase in population that would be
generated by this alternative would be consistent with SCAG forecasts and would not induce substantial
population growth in the project area. The No Project/Buildout of Existing Zoning Alternative and the
proposed Specific Plan would result in similar impacts related to population and housing, which are
considered less than significant. However, implementation of this alternative would not assist as much as the
proposed project in the projected jobs to housing ratio imbalance. As described in Section 5.7, Population
and Housing, SCAG projects a jobs -to -housing ratio of 2.32 in 2035, which indicates that a substantial
number of employees would be commuting into the City for employment, and the jobs and dwelling units
generated from the proposed project would result in a more balanced ratio of jobs and housing than what
would occur by the No Project/Buildout of Existing Zoning Alternative.
Recreation
The No Project/Buildout of Existing Zoning Alternative would result in 747 fewer dwelling units. This
alternative would have no impact on recreation facilities since no new residential units (other 140 multi-
family dwelling units in the approved Vintage Planned Community project) would be constructed and no
new population would be introduced to the area. Unlike the proposed project, this alternative would not
require contribution to park fees to fund future neighborhood parks and other recreational amenities.
Overall, this alternative would not impact recreational resources.
Transportation and Circulation
The No Project/Buildout of Existing Zoning Alternative would result in 747 fewer dwelling units. Therefore,
fewer traffic trips would be generated from this alternative than the proposed Specific Plan. However,
due to the existing roadway conditions, the Caltrans intersection of Newport Avenue at 1-5 northbound on-
ramp, it is currently operating at and is forecast to operate at LOS F both with and without the project. The
improvement at this location is identified and planned, but is under control of Caltrans, and cannot be
guaranteed by the City. Thus, similar to the proposed project, the No Project/Buildout of Existing Zoning
Alternative would result in a significant and unavoidable impact; however, the volume of trips and amount
of additional congestion at the impacted intersection would be less under the No Project/ Buildout of
Existing Zoning Alternative.
Tribal Cultural Resources
As described previously, the No Project/Buildout of Existing Zoning Alternative would result in infill
development on remaining vacant parcels, re -development per the existing zoning, and adaptive reuse of
existing buildings. The excavation related to this development has the potential for uncovering unknown
buried tribal cultural resources. However, less development and soils disturbance would occur by the No
Project/Buildout of Existing Zoning Alternative than would occur by the proposed Specific Plan because
fewer residential units would be built; thus, the likelihood of uncovering tribal cultural resources by this
alternative would be less than for the proposed Specific Plan. Overall, similar less than significant impacts
would occur from this alternative; however, the potential for impacts to occur would be less by this
alternative with construction of 747 fewer dwelling units.
Utilities and Service Systems
The No Project/Buildout of Existing Zoning Alternative would result in less development at buildout than the
proposed Specific Plan. Since the residential population would not increase to the same degree under this
alternative, as would occur under the proposed Specific Plan, less utility capacity would be required to
serve the area at buildout. Water supply demands and wastewater generation, needs would be less than
City of Tustin 6-9
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
what would occur by the proposed Specific Plan. Therefore, this alternative would result in less than
significant impacts similar to the proposed Specific Plan.
Energy
Under the No Project/Buildout of Existing Zoning Alternative, 747 fewer dwelling units would be
developed then by buildout of the proposed Specific Plan. Therefore, the demand for energy would be
less by this alternative than the proposed Specific Plan. Although the proposed Specific Plan's demands for
energy would be compliant with Title 24 requirements and were determined to be less than significant, the
amount of energy used by the No Project/Buildout of Existing Zoning Alternative would be reduced
compared to the proposed Specific Plan.
6.6.2 CONCLUSION
Ability to Reduce Impacts
The No Project/Buildout of Existing Zoning Alternative would eliminate the significant and unavoidable
impacts related to air quality and greenhouse gas that would occur from implementation of the residential
component of the proposed Specific Plan. However, the significant and unavoidable impacts related to
traffic would remain. In addition, this alterative would require the same mitigation to ensure less than
significant impacts related to noise, archaeological, tribal cultural, and historic resources.
Ability to Achieve Project Objectives
The analysis of the No Project/Buildout of Existing Zoning Alternative compares the impacts of the
proposed Specific Plan to the impacts that would occur if the existing General Plan and zoning continued
to be implemented. Regarding the ability to achieve project objectives, the No Project/Buildout of Existing
Zoning Alternative would not achieve most of the project objectives, including Objective 1, 3, 4, 6, 7.
Development of the Specific Plan area under this alternative would partially achieve Objective 2, (draw
more patrons and expand walkability through enhanced pedestrian -oriented commercial first floor
development) if commercial uses are developed pursuant to the existing General Plan and zoning, but to a
lesser extent than the proposed Specific Plan due to the absence of mixed uses. Compliance with the City's
Cultural Resources District Commercial Design Guidelines would also achieve Objective 5 (differentiate
Old Town Tustin by embracing its unique historic downtown character).
6.7 REDUCED INTENSITY ALTERNATIVE
As described above, the Reduced Intensity Alternative would result in a 25 percent reduction in the number
of dwelling units included in the proposed Specific Plan. Under this alternative, a maximum of 665
dwelling units would be developed (including the 140 multi -family dwelling units in the approved Vintage
Planned Community project). Thus, 222 fewer dwelling units would be developed. This alternative would
allow for a 25 percent shift of housing units between DAs, as provided by the project. This alternative
includes all of the conceptual circulation and streetscape improvements that are proposed by the project
and assumes development of 300,000 square feet of non-residential space from buildout of areas that
are currently designated for non-residential development.
6.7.1 ENVIRONMENTAL IMPACTS
Aesthetics
Under the Reduced Intensity Alternative, the same type of mixed-use development would occur within the
Specific Plan area, however, the area would be visually less dense. The visual character and quality of the
City of Tustin 6-10
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
site would be the same as the proposed condition. The new structures and landscaping would be
implemented, similar to that of the proposed Specific Plan; however, it is possible that greater visual space
between structures and lower height buildings with fewer stories would be developed because 222 fewer
dwelling units would be developed in mixed use structures. In addition, fewer new sources of light and
glare would occur from this alternative.
Implementation of the Reduced Intensity Alternative would result in the same less than significant impacts
related to aesthetics as the proposed Specific Plan. The Reduced Intensity Alternative would implement the
same type of visual improvements that would be introduced throughout the Specific Plan area by the
proposed project (e.g., new and improved landscaping, providing a consistent design theme within the
DAs, and streetscaping). Thus, improvements to the existing views, character, and quality of the Specific
Plan area would also occur under the Reduced Intensity Alternative. Overall, the aesthetic impacts from this
alternative would be less than significant, and neutral in comparison to the proposed project.
Air Quality
The Reduced Intensity Alternative would develop 25 percent (222) fewer housing units than the proposed
project. Therefore, a reduced overall volume of construction activities and the related emissions would
occur. However, the volume of ROG and NOx emissions from construction activities would remain
significant and unavoidable. As described in Section 5.2, Air Quality, the construction of the proposed
project could generate up to182.18 lbs/day of ROG emissions, which is above the threshold of 75
lbs/day; and up to 430.19 lbs/day of NOx emissions, which is above the SCAQMD threshold of 100
lbs/day. Under the Reduced Intensity Alternative, it is possible that a combination of developments could
occur, such that daily construction emissions would still exceed this threshold. Thus, construction air quality
impacts would remain significant and unavoidable.
In addition, the reduced amount of development by this alternative would result in less stationary source
emissions from equipment and less traffic associated air emissions than the proposed Specific Plan.
Therefore, overall air quality impacts would be reduced in comparison to the proposed Specific Plan.
However, the volume of ROG, NOx, and CO emissions from operational vehicular emissions generated by
the Reduced Intensity Alternative would remain significant and unavoidable due to the volume of vehicular
trips that would occur from operation of 665 dwelling units. As described in Section 5.2, Air Quality,
operation of the proposed project would generate up to 295.15 lbs/day of ROG emissions, which is
substantially above the 55 Ib/day SCAQMD threshold; 164.34 lbs/day of NOx emissions, which is above
the SCAQMD threshold of 55 lbs/day; and 862.22 lbs/day of CO, which is above the SCAQMD threshold
of 550 lbs/day. Under the Reduced Intensity Alternative, the daily ROG, NOx, and CO emissions related
to residential operations would be approximately 25 percent less but would still exceed the SCAQMD
thresholds. Therefore, although less emissions would occur, significant and unavoidable impacts would still
occur from the Reduced Intensity Alternative. Thus, impacts under this alternative would be the same as the
proposed Specific Plan.
Cultural Resources
The Reduced Intensity Alternative would result in a similar potential to adversely affect any historic or
undiscovered archaeological resources on the project site as the proposed Specific Plan, despite the
reduction in development that would occur from this alternative. This alternative would have similar impact
on historic structures. However, like the proposed Specific Plan, similar mitigation to the project's mitigation
measure and compliance with the applicable TCC provisions adopted to protect cultural and historic
resources, including the Cultural Resources Design Guidelines, would be required to reduce potential
impacts to less than significant. Therefore, impacts to cultural resources from the Reduced Intensity
Alternative would be similar to those associated with the proposed project.
City of Tustin 6-11
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
Greenhouse Gas Emissions
The Reduced Intensity Alternative would develop 25 percent (222) fewer dwelling units than the proposed
Specific Plan. Therefore, a reduced volume of construction activities and related production of GHG
emissions would occur. In addition, the reduced amount of development by this alternative would result in
less stationary source emissions from equipment onsite, and less traffic -associated GHG emissions than the
proposed Specific Plan. Therefore, the overall volume of GHG emissions would be reduced in comparison
to the proposed Specific Plan. However, the development and operation of 665 dwelling units would result
in significant GHG emissions and would require implementation of the same mitigation measures that are
required for the proposed Specific Plan. Therefore, although fewer GHG emissions would occur, a 25
percent reduction in residential GHG emissions would continue to result in a significant and unavoidable
impact after implementation of mitigation. Thus, impacts under this alternative would be the same as the
proposed Specific Plan.
Land Use and Planning
Like the proposed project, the Reduced Intensity Alternative would involve General Plan and Zoning
designation changes for the planning area, and would have the same type of consistency with the SCAG
RTP/SCS policies, Orange County Sustainable Communities Strategy policies, and the City's General Plan.
Hence, like the proposed Specific Plan, the Reduced Intensity Alternative would result in a less than
significant impact related to land use, and would be neutral in comparison to the proposed project.
Noise
Construction and operation noise impacts would be reduced under the Reduced Intensity Alternative
because this alternative would decrease the maximum residential development within the planning area by
25 percent. Construction of this alternative would generate the same type and volume of construction noise
as the proposed Specific Plan, and impacts would continue to be potentially located next to sensitive
receptors. Therefore, mitigation measures would be required to reduce construction noise and construction
noise impacts would be similar to the proposed Specific Plan under the Reduced Intensity Alternative.
Operational noise would be reduced under this alternative as traffic -generated and stationary noise
sources would decrease in relation to the reduction in dwelling units. Additionally, the Reduced Intensity
Alternative would result in 25 percent fewer residents that could be exposed to noise from surrounding
development and roadways. Overall, operational noise impacts from the Reduced Intensity Alternative
would be less than the less than significant impacts associated with the proposed Specific Plan.
Population and Housing
The Reduced Intensity Alternative would reduce the number of dwelling units by 25 percent compared to
the proposed Specific Plan (222 fewer). This would reduce the number of residents at buildout by 25
percent. The increase in population that would be generated by this alternative would be consistent with
SCAG forecasts and would not induce substantial population growth in the project area. The Reduced
Intensity Alternative and the proposed Specific Plan would result in similar impacts related to population
and housing, which is considered less than significant. However, implementation of this alternative would
have a reduced improvement to the projected jobs to housing imbalance, compared to the proposed
project, because 222 fewer housing units would be developed.
Recreation
Under this alternative, potential impacts on recreation facilities would be decreased by approximately 25
percent since there would be 222 fewer residential units proposed. The alternative could cumulatively
contribute to the parkland deficiency identified in the City's General Plan. Therefore, mitigation measures
City of Tustin 6-12
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
would be required to fund recreational facilities to serve future residents. Since fewer units would be built,
impacts would be decreased in comparison to the proposed project under the Reduced Intensity
Alternative.
Transportation and Circulation
The Reduced Intensity Alternative would reduce the number of dwelling units by 25 percent compared to
the proposed Specific Plan (222 fewer). This would reduce the number of vehicular trips from residents at
buildout by approximately 25 percent. However, due to the existing roadway conditions the Caltrans
intersection of Newport Avenue at 1-5 northbound on-ramp, the intersection currently operates and is
forecast to continue to operate at LOS F both under the proposed project and Reduced Intensity
Alternative conditions. The improvement at this location is under control of Caltrans, and cannot be
guaranteed by the City. Thus, similar to the proposed project, the Reduced Intensity Alternative would
result in a significant and unavoidable traffic impact; however, the volume of trips and amount of
additional congestion at the impacted intersection would be less under the Reduced Intensity Alternative
condition.
Tribal Cultural Resources
The Reduced Intensity Alternative would result in a similar potential to adversely affect any tribal cultural
resources as the proposed Specific Plan, despite the reduction in development. However, like the proposed
Specific Plan, cultural mitigation measure CUL -1 would be required to reduce potential impacts to less than
significant. Therefore, impacts that could occur by the Reduced Intensity Alternative would be similar to
those associated with the proposed project.
Utilities and Service Systems
The Reduced Intensity Alternative would reduce the number of dwelling units by 25 percent compared to
the proposed Specific Plan (222 fewer). Thus, the demand for regional water supplies and wastewater
treatment from dwelling units would be approximately 25 percent less than the proposed Specific Plan.
Therefore, impacts to utilities and service system would be less under this alternative than the less than
significant impacts that would occur from implementation of the proposed Specific Plan.
Energy
The Reduced Intensity Alternative would reduce the number of dwelling units by 25 percent compared to
the proposed Specific Plan. This would reduce the demand for energy in comparison to the proposed
Specific Plan. Although the proposed Specific Plan's demands for energy were determined to be less than
significant, the amount of energy used by the Reduced Intensity Alternative would be less. Therefore,
impacts to energy would be less under this alternative than the less than significant impacts that would
occur from implementation of the proposed Specific Plan.
6.7.2 CONCLUSION
Ability to Reduce Impacts
The Reduced Intensity Alternative would reduce the number of dwelling units within the Specific Plan area
by 25 percent (222 fewer dwelling units), which would reduce the impacts related to the project. However,
as described previously, the volume of air quality and GHG emissions from construction activities and
operational vehicular emissions generated by the Reduced Intensity Alternative would exceed thresholds,
and would remain significant and unavoidable due to the volume of vehicular trips that would occur from
operation of 665 dwelling units.
City of Tustin 6-13
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
In addition, due to the existing roadway conditions at the intersection of Newport Avenue at 1-5
northbound on-ramp and the inability of the City to implement an improvement at an intersection that is
under the jurisdiction of Caltrans, traffic impacts would remain significant and unavoidable.
Overall, although the volume of impacts would be less by the Reduced Intensity Alternative in comparison
to the proposed Specific Plan, the Reduced Intensity Alternative would not eliminate any of the significant
and unavoidable impacts that would result from buildout of the proposed Specific Plan.
Ability to Achieve Project Objectives
Implementation of the Reduced Intensity Alternative would achieve most of the project objectives, including
Objective 1, 2, 4, 6, 7, but to a lesser extent than would be achieved by the proposed Specific Plan. With
25 percent (222) fewer dwelling units potentially developed under this alternative compared to the
proposed Specific Plan, this alternative would not fully achieve the vision of the Specific Plan. The Reduced
Intensity Alternative also would not meet Objective 3, that is, to introduce a sufficient level of high-quality,
integrated residential mixed use, and focused multifamily development to invigorate Old Town Tustin.
Compliance with the City's Cultural Resources District Commercial Design Guidelines would achieve
Objective 5 (differentiate Old Town Tustin by embracing its unique historic downtown character).
6.8 LIMITED INCREASE IN DEVELOPMENT ALTERNATIVE
The Limited Increase in Development Alternative would provide a 50 percent reduction in the number of
dwelling units that would be developed by the proposed Specific Plan. The proposed Specific Plan would
allow for development of up to 887 dwelling units and 300,000 square feet of non-residential
development through the year 2035. Under this alternative, the Specific Plan would develop a maximum
of 444 dwelling units (including the 140 multi -family dwelling units in the approved Vintage Planned
Community project). This alternative would allow for a 25 percent shift of housing units between DAs, as
provided by the project. Additionally, this alterative includes all of the circulation and streetscape
improvements that are proposed by the project, and assumes development of 300,000 square feet of
non-residential space from buildout of areas that are currently designated for non-residential
development.
6.8.1 ENVIRONMENTAL IMPACTS
Aesthetics
The Limited Increase in Development Alternative would provide for the same type of land uses, and would
provide design guidelines, such that the visual character of new development within the planning area
would be the same, as what would occur from implementation of the proposed Specific Plan project.
However, because half of dwelling units would be developed by this alternative, in comparison to the
proposed Specific Plan, the visual density would be less. It is anticipated that building heights would be
lower and massing of non-residential structures would be less than the proposed Specific Plan because 50
percent fewer mixed use buildings would exist upon buildout. In addition, 50 percent fewer residences
would generate sources of new light and glare from this alternative.
However, implementation of the Limited Increase in Development Alternative would result in the same less
than significant impacts related to aesthetics as the proposed Specific Plan. The Limited Increase in
Development Alternative would implement the same type of visual improvements that would be introduced
throughout the Specific Plan area by the proposed project (e.g., new and improved landscaping, providing
a consistent design theme within the DAs, and streetscaping). Thus, improvements to the existing views,
character, and quality of the Specific Plan area would also occur under the Reduced Intensity Alternative.
City of Tustin 6-14
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
Overall, the aesthetic impacts from this alternative would be less than significant, and neutral in
comparison to the proposed project.
Air Quality
The Limited Increase in Development Alternative would develop 50 percent fewer dwelling units than the
proposed project. Therefore, half of the volume of construction activities and the related emissions from
residential development would occur. However, the volume of NOx emissions from construction activities
would remain significant and unavoidable. As described in Section 5.2, Air Quality, the construction of the
proposed project could generate up to 182.18 lbs/day of ROG emissions, which is above the threshold of
75 lbs/day; and up to 430.19 lbs/day of NOx emissions, which is above the SCAQMD threshold of 100
lbs/day. Under the Limited Increase in Development Alternative, it is possible that a combination of
developments could occur, such that daily construction emissions would still exceed this threshold. Thus,
construction air quality impacts would remain significant and unavoidable.
In addition, the reduced number of dwelling units that would be developed by this alternative would result
in half the stationary source emissions from residential equipment and less residential traffic associated
with air emissions than the proposed Specific Plan. Therefore, air quality impacts would be less than the
proposed Specific Plan. However, the volume of NOx and CO emissions from operational vehicular
emissions generated by the Limited Increase in Development Alternative would remain significant and
unavoidable due to the volume of vehicular trips that would occur from operation of 444 dwelling units. As
described in Section 5.2, Air Quality, operation of the proposed project would generate up to 295.15
lbs/day of ROG emissions, which is substantially above the 55 Ib/day SCAQMD threshold; 164.34
lbs/day of NOx emissions, which is above the SCAQMD threshold of 55 lbs/day; and the project would
generate approximately 862.22 lbs/day of CO, which is above the SCAQMD threshold of 550 lbs/day.
Under the Limited Increase in Development Alternative, the daily ROG, NOx, and CO emissions related to
various operations would be less, but the ROG and NOx emissions would still exceed the SCAQMD
thresholds. Thus, operational air quality emissions would remain significant and unavoidable under the
Limited Increase in Development Alternative, and impacts under this alternative would be the same as the
proposed Specific Plan.
Cultural Resources
The Limited Increase in Development Alternative would result in a similar potential to adversely affect any
undiscovered archaeological resources on the project site as the proposed Specific Plan, despite the
reduction in development that would occur from this alternative. However, like the proposed Specific Plan,
compliance with the mitigation measure and applicable TCC provisions adopted to protect cultural and
historic resources would be required to reduce potential impacts to less than significant. Therefore, impacts
to cultural resources from the Limited Increase in Development Alternative would be similar to those
associated with the proposed project.
Greenhouse Gas Emissions
The Limited Increase in Development Alternative would develop 50 percent fewer housing units than the
proposed Specific Plan. Therefore, a reduced volume of construction activities and related production of
GHG emissions would occur. In addition, the reduced amount of development by this alternative would
result in less stationary source emissions from residential equipment, and less residential traffic -associated
GHG emissions than the proposed Specific Plan. Therefore, the overall volume of GHG emissions would be
reduced in comparison to the proposed Specific Plan. However, the development and operation of 444
dwelling units would result in significant GHG emissions and would require implementation of the same
mitigation measures that are required for the proposed Specific Plan. Therefore, although less GHG
emissions would occur, the Limited Increase in Development Alternative would continue to result in
City of Tustin 6-15
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
significant and unavoidable impacts related to GHG emissions after implementation of mitigation. Thus,
impacts under this alternative would be similar to the proposed Specific Plan.
Land Use and Planning
Like the proposed project, the Limited Increase in Development Alternative would involve General Plan
and Zoning designation changes for the planning area, and would have the same type of consistency with
the SCAG RTP/SCS policies, Orange County Sustainable Communities Strategy policies, and the City's
General Plan. Hence, like the proposed Specific Plan, the Reduced Intensity Alternative would result in a
less than significant impact related to land use, and would be neutral in comparison to the proposed
project.
Noise
Construction and operation noise impacts would be reduced under the Limited Increase in Development
Alternative because this alternative would decrease the number of dwelling units within the Specific Plan
area by 50 percent. Construction of this alternative would generate the same type and volume of
construction noise as the proposed Specific Plan, and impacts would continue to be potentially located next
to sensitive receptors. Therefore, mitigation measures would be required to reduce construction noise and
construction noise impacts would be neutral in comparison to the proposed project under the Limited
Increase in Development Alternative.
Operational noise would be reduced under this alternative as residential traffic and residential stationary
noise sources would be 50 percent less under this alternative. Additionally, the Limited Increase in
Development Alternative would result in 50 percent fewer residents that could be exposed to noise from
surrounding development and roadways. Overall, operational noise impacts from the Limited Increase in
Development would be less than the impacts associated with the proposed Specific Plan, which are
considered less than significant.
Population and Housing
The Limited Increase in Development Alternative would reduce the number of dwelling units at buildout by
50 percent compared to the proposed Specific Plan. This would reduce the number of residents at buildout
by 50 percent. The increase in population that would be generated by this alternative would be consistent
with SCAG forecasts and would not induce substantial population growth in the project area. The Limited
Increase in Development Alternative and the proposed Specific Plan would result in similar impacts related
to population and housing, which are considered less than significant. However, implementation of this
alternative would not achieve the City's desired improvement to the projected jobs to housing imbalance
compared to the proposed project, because fewer housing units would be developed.
Recreation
Under this alternative, potential impacts on recreation facilities would be decreased by approximately 50
percent since there would be 444 fewer residential units proposed. The alternative could cumulatively
contribute to the parkland deficiency identified in the City's General Plan. Therefore, mitigation measures
would be required to fund recreational facilities to serve future residents. Since fewer units would be built,
impacts would be reduced in comparison to the proposed project under the Limited Increase in
Development Alternative.
Transportation and Circulation
The Limited Increase in Development Alternative would reduce the number of dwelling units at buildout by
50 percent compared to the proposed Specific Plan. This would reduce the number of residential vehicular
trips at buildout by approximately 50 percent. However, due to the existing roadway conditions of the
City of Tustin 6-16
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
Caltrans intersection of Newport Avenue at 1-5 northbound on-ramp, it currently operates and is forecast
to continue to operate at LOS F both under the proposed project and the Limited Increase in Development
Alternative conditions. The improvement at this location is under control of Caltrans, and cannot be
guaranteed by the City. Thus, similar to the proposed project, the Limited Increase in Development
Alternative would result in a significant and unavoidable traffic impact. However, the volume of trips and
amount of additional congestion at the impacted intersection would be substantially less under the Limited
Increase in Development Alternative condition.
Tribal Cultural Resources
The Limited Increase in Development Alternative would result in a similar potential to adversely affect any
tribal cultural resources as the proposed Specific Plan, despite the reduction in development. However, like
the proposed Specific Plan, cultural mitigation measures would reduce potential impacts to less than
significant. Therefore, impacts that could occur by the Limited Increase in Development Alternative would
be similar to those associated with the proposed project.
Utilities and Service Systems
The Limited Increase in Development Alternative would reduce the number of dwelling units at buildout by
50 percent compared to the proposed Specific Plan. Thus, the demand for regional water supplies and
wastewater treatment from residential would be approximately 50 percent less than the proposed
Specific Plan. Therefore, impacts to utilities and service system would be less under this alternative than the
impacts that would occur from implementation of the proposed Specific Plan, which are considered less
than significant.
Energy
The Limited Increase in Development Alternative would reduce the number of dwelling units at buildout by
50 percent compared to the proposed Specific Plan. This would reduce the residential demand for energy
in comparison to the proposed Specific Plan. Although the proposed Specific Plan's demands for energy
were determined to be less than significant, the amount of energy used by the Limited Increase in
Development Alternative would be less. Therefore, impacts to energy would also be less than significant.
6.8.2 CONCLUSION
Ability to Reduce Impacts
The Limited Increase in Development Alternative would reduce the number of dwelling units at buildout of
the Specific Plan area by 50 percent, which would reduce the impacts related to the project. However, as
described previously, the volume of air quality and GHG emissions from construction activities and
operational vehicular emissions generated by the Limited Increase in Development Alternative would
exceed thresholds, and would remain significant and unavoidable due to the volume of vehicular trips that
would occur from operation of 444 dwelling units. Although operational emissions of CO are anticipated to
be less than significant under this alternative, emissions of ROG and NOx would remain significant after
implementation of mitigation measures.
In addition, due to the existing roadway conditions at the intersection of Newport Avenue at 1-5
northbound on-ramp and the inability of the City to implement an improvement at an intersection that is
under the jurisdiction of Caltrans, traffic impacts would remain significant and unavoidable.
Overall, although the volume of impacts would be less under the Limited Increase in Development
Alternative in comparison to the proposed Specific Plan, the Limited Increase in Development Alternative
would not eliminate the overall significant and unavoidable impacts that would result from buildout of the
proposed Specific Plan.
City of Tustin 6-17
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
Ability to Achieve Project Objectives
Implementation of the Limited Increase in Development Alternative would achieve Objectives 1, 2, 4, 6,
and 7, but at a much lesser extent than would be achieved by the proposed Specific Plan. Compliance
with the City's Cultural Resources District Commercial Design Guidelines would also achieve Objective 5
(differentiate Old Town Tustin by embracing its unique historic downtown character). The Limited Increase
in Development Alternative would not meet Objective 3, to introduce a sufficient level of high-quality,
integrated residential mixed use, and focused multifamily development to invigorate Old Town Tustin.
Additionally, the 50 percent fewer dwelling units that would be developed under this alternative,
compared to the proposed Specific Plan, would not fully achieve the vision of the Specific Plan.
6.9 ENVIRONMENTALLY SUPERIOR ALTERNATIVE
CEQA requires a lead agency to identify the "environmentally superior alternative" when significant
environmental impacts result from a proposed project. The Environmentally Superior Alternative for the
proposed project would be the No Project/Buildout of Existing Zoning Alternative. No substantially
significant and long-term impacts would occur to the environment as a result of this No Project/Buildout of
Existing Zoning Alternative. However, CEQA Guidelines Section 15126.6(3)(1) states:
The "no project" analysis shall discuss the existing conditions at the time the notice of
preparation is published, or if no notice of preparation is published, at the time environmental
analysis is commenced, as well as what would be reasonably expected to occur in the
foreseeable future if the project were not approved, based on current plans and consistent
with available infrastructure and community services. If the environmentally superior
alternative is the "no project" alternative, the EIR shall also identify an environmentally
superior alternative among the other alternatives. (Emphasis added).
The Environmentally Superior Alternative among the other alternatives is the Limited Increase in
Development Alternative, which would provide a 50 percent reduction in the number of dwelling units that
would be developed upon buildout of the proposed Specific Plan. Therefore, overall impacts would be less
than the proposed Specific Plan. However, as described previously, the Limited Increase in Development
Alternative would not eliminate the overall significant and unavoidable impacts that would result from
buildout of the proposed Specific Plan.
In addition, the Limited Increase in Development Alternative would not meet some of the project objectives
to the same extent as the proposed project. The Limited Increase in Development Alternative would
provide for a walkable and bikeable environment that is accessible to fewer residents than the proposed
Specific Plan, but would not fully achieve the vision of the Specific Plan area as a mixed-use, environment
for residents and employees.
CEQA does not require the lead agency (the City of Tustin) to choose the environmentally superior
alternative. Instead, CEQA requires the City to consider environmentally superior alternatives, weigh those
considerations against the environmental impacts of the proposed project, and make findings in which the
benefits of those considerations outweigh the impacts.
Table 6-1 provides, in summary format, a comparison between the level of impacts for each alternative
and the proposed Specific Plan. In addition, Table 6-2 provides a comparison of the ability of each of the
alternatives to meet the objectives of the proposed Specific Plan.
City of Tustin 6-18
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
Table 6-1: Impact Comparison of the Proposed Specific Plan and Alternatives
City of Tustin 6-19
Draft EIR
February 2018
Alternative 1: No
Alternative 3: Limited
Project/ Buildout of
Alternative 2:
Increase in
Existing Zoning
Reduced Intensity
Development
Proposed Project
Alternative
Alternative
Alternative
Aesthetics
Less than Significant
Same as proposed
Same as proposed
Same as proposed
project
project
project
Air Quality
Significant and
Less, no significant and
Less, but remains
Less, but remains
Unavoidable
unavoidable impact
Significant and
Significant and
Unavoidable
Unavoidable
Cultural Resources
Less than Significant
Less than project
Less, but mitigation
Less, but mitigation
with Mitigation
measures required
measures required
Greenhouse Gas
Significant and
Less, no significant and
Less, but remains
Less, but remains
Emissions
Unavoidable
unavoidable impact
Significant and
Significant and
Unavoidable
Unavoidable
Land Use and
Less than Significant
Same as proposed
Same as proposed
Same as proposed
Planning
project
project
project
Noise
Less than Significant
Same as proposed
Same as proposed
Same as proposed
project
project
project
Population and
Less than Significant
Less than Significant,
Less than Significant,
Less than Significant,
Housing
but doesn't assist in
but reduced benefit
but limited benefit jobs
jobs to housing ratio
jobs to housing ratio
to housing ratio
Recreation
Less than Significant
Less than project
Less than project
Less than project
Traffic
Significant and
Less, but remains
Less, but remains
Less, but remains
Unavoidable
Significant and
Significant and
Significant and
Unavoidable
Unavoidable
Unavoidable
Tribal Cultural
Less than Significant
Less than project
Less, but mitigation
Less, but mitigation
Resources
with Mitigation
measures required
measures required
Utilities and Service
Less than Significant
Less than project
Less than project
Less than project
Systems
Energy
Less than Significant
Less than project
Less than project
Less than project
Eliminate Significant Impacts
of the Project?
Yes, two
No, none
No, none
City of Tustin 6-19
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 6. Alternatives
Table 6-2: Comparison of the Proposed Specific Plan and Alternatives Ability to Meet Objectives
Overarching Project Objectives
1. Bolster an economically vibrant and
Alternative 1: No
Alternative 2:
Alternative 3: Limited
active downtown environment.
Yes
Project/ Buildout
Reduced Intensity
Increase in
of Existing
Alternative
Development
2. Draw more patrons and expand
Proposed
Zoning
Yes, but not to the
Alternative
walkability through enhanced pedestrian -
Project
Alternative
Overarching Project Objectives
1. Bolster an economically vibrant and
Yes, but not to the
Yes, but to a lesser
active downtown environment.
Yes
No
same extent as the
extent than the
proposed project.
proposed project.
2. Draw more patrons and expand
Yes, but not to the
Yes, but to a lesser
walkability through enhanced pedestrian -
oriented commercial first floor
Yes
No
same extent as the
extent than the
proposed project.
proposed project.
development.
3. Introduce a sufficient level of high-
quality, integrated residential mixed use,
and focused multifamily development to
Yes
No
No
No
invigorate Old Town Tustin
A. Transform streets and create
Yes, but not to the
Yes, but to a lesser
neighborhood connectivity through
Yes
No
same extent as the
extent than the
pedestrian -oriented improvements.
proposed project.
proposed project.
5. Differentiate Old Town Tustin by
embracing its unique historic downtown
Yes
Yes
Yes
Yes
character.
6. Maintain a commercial focus for the
Yes, but not to
Yes, but not to the
Yes, but to a lesser
project area.
Yes
the same extent
same extent as the
extent than the
as the proposed
proposed project.
proposed project.
project.
7. Create additional integrated public
spaces to serve existing and future
Yes, but not to the
Yes, but not to the
residents, and to provide opportunities for
Yes
No
same extent as the
same extent as the
community events, interaction, and
proposed project.
proposed project.
strengthening the area's sense of
community.
City of Tustin 6-20
Draft EIR
February 2018
7. EIR Preparers and Persons Contacted
7.1 EIR Preparers
City of Tustin
Elizabeth Binsack, Director of Community Development
Dana Ogdon, AICP, Assistant Director of Community Development
Justina Willkom, Assistant Director of Community Development
Lucy Yeager, Planning Consultant
E11311) Solutions, Inc.
Jeremy Krout, AICP
Julie Wallen, Esq.
Konnie Dobreva, JD
Renee Escario
Meghan Macias, TE
Laurie Lovret, AICP
Rafik Albert, AICP, LEED AP
Technical Reports
Traffic Impact Analysis
Stantec Consulting Services Inc.
Daryl Zerfass, PE, PTP
Charlie Ho, PE
Noise Impact Analysis
Urban Crossroads
Bill Lawson, PE, INCE
Alex Wolfe
Air Quality and Greenhouse Gas Analysis
Urban Crossroads
Haseeb Qureshi
Cultural Resource Assessment
Cogstone
Holly Duke
Sherri Gust, RPA
7.2 Persons Contacted
City of Tustin
Ken Nishikawa, Deputy Public Works Director — Engineering
Krys Saldivar, Public Works Manager—Traffic/Transportation
Art Valenzuela, Water Services Manager
City of Tustin 7-1
Draft EIR
February 2018
Downtown Commercial Core Specific Plan 7. EIR Preparers and Persons Contacted
Gabrieleno Band of Mission Indians — Kizh Nation
Andrew Salas, Chairman
Matt Teutimez, Tribal Biologist
City of Tustin 7-2
Draft EIR
February 2018
EXHIBIT 2
FINDINGS AND FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF
OVERRIDING CONSIDERATIONS FOR THE FINAL EIR
Findings and Facts in Support of Findings
and Statement of Overriding Considerations
for the Final Environmental Impact Report for the Tustin Downtown Commercial Core Specific Plan
Tustin, California
STATE CLEARINGHOUSE NO. 2016081004
1. INTRODUCTION.
The California Environmental Quality Act, Public Resources Code Section 21081, and the State CEQA
Guidelines, 14 Cal. Code of Regs. Section 15091 (collectively, CEQA) require that a public agency
consider the environmental impacts of a project before a project is approved and make specific findings.
CEQA Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which
identifies one or more significant environmental effects of the project unless the public agency
makes one or more written findings for each of those significant effects, accompanied by a brief
explanation of the rationale for each finding.
The possible findings are:
1. Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as identified in the Final EIR.
2. Such changes or alterations are within the responsibility and jurisdiction of another public
agency and not the agency making the finding. Such changes have been adopted by such
other agency or can or should be adopted by such other agency.
3. Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures
or project alternatives identified in the final EIR.
(b) The findings required by subdivision (a) shall be supported by substantial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent
jurisdiction with another agency to deal with identified feasible mitigation measures or
alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting
identified mitigation measures and project alternatives.
(d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program
for reporting on or monitoring the changes which it has either required in the project or made a
condition of approval to avoid or substantially lessen significant environmental effects. These
measures must be fully enforceable through permit conditions, agreements, or other measures.
(e) The public agency shall specify the location and custodian of the documents or other materials
which constitute the record of the proceedings upon which its decision is based.
_(f) A statement made pursuant to Section 15093 does not substitute for the findings required by this
section.
CEQA Guidelines Section 15093 further provides:
(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social,
technological, or other benefits of a proposed project against its unavoidable environmental risks
when determining whether to approve the project. If the specific economic, legal, social,
technological, or other benefits of a proposal project outweigh the unavoidable adverse
environmental effects, the adverse environmental effects may be considered "acceptable."
Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
(b) Where the lead agency approves a project, which will result in the occurrence of significant effects
which are identified in the final EIR but are not avoided or substantially lessened, the agency shall
state in writing the specific reasons to support its action based on the final EIR and/or other
information in the record. This statement of overriding considerations shall be supported by
substantial evidence in the record.
(c) If an agency makes a statement of overriding considerations, the statement should be included In
the record of the project approval and should be mentioned in the notice of determination. This
statement does not substitute for, and shall be in addition to, findings required pursuant to Section
15091.
Having received, reviewed and considered the Draft Environmental Impact Report (DEIR) and the Final
Environmental Impact Report (FEIR) for the Tustin Downtown Commercial Core Specific Plan, SCH No.
2016081004, as well as all other information in the record of proceedings on this matter, the following
Findings and Facts in Support of Findings (Findings) and Statement of Overriding Considerations (SOC) are
hereby adopted by the City of Tustin (City) in its capacity as the CEQA Lead Agency.
These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City
for implementation of the Tustin Downtown Commercial Core Specific Plan.
Document Format
These Findings have been organized into the following, sections:
• Section 1 provides an introduction to these Findings.
• Section 2 provides a summary of the project and overview of the discretionary actions required
for approval of the project, and a statement of the project's objectives.
• Section 3 provides a summary of CEQA related public participation for the project.
• Section 4 sets forth findings regarding those environmental impacts which were determined
determined in the FEIR that a significant or potentially significant environmental impact will or may
result from the project and which the City has determined cannot be mitigated to a less than
significant level.
• Section 5 sets forth findings regarding significant or potentially significant environmental impacts
identified in the FEIR which the City has determined can be mitigated to a less than significant level
through the imposition of standard regulatory requirements, plans, programs, policies, and
mitigation measures. In order to ensure compliance and implementation, all of these measures will
be included in the Mitigation Monitoring and Reporting Program (MMRP) for the project. These
findings specify how those impacts were reduced to a less than significant level.
• Section 6 sets forth findings regarding those environmental impacts which were determined as a
result of the Initial Study, Notice of Preparation (NOP) and consideration of comments received
during the NOP comment period either not to be relevant to the project or which were determined
to not result in significant impacts.
• Section 7 sets forth findings regarding alternatives to the project.
Custodian and Location of Records of Proceedings
For purposes of CEQA and these Findings, the Record of Proceedings for the project consists of the
following documents and other evidence, at a minimum:
• NOP and all other public notices issued by the City in conjunction with the project
City of Tustin 2
Findings and Fads April 2018
Downtown Commercial Core Specific Plan Findings and Facts in Support of
• The FEIR (includes DEIR) for the project
• All written comments submitted by agencies or members of the public during the public review
comment period on the DEIR
• All responses to written comments submitted by agencies or members of the public during the
public review comment period on the DEIR
• The Mitigation Monitoring Reporting Program (MMRP)
• The reports and technical memoranda included or referenced in the Response to Comments of the
FEIR
• All documents, studies, EIRs, or other materials incorporated by reference in the DEIR and FEIR
• The Resolutions adopted by the City in connection with the project, and all documents incorporated
by reference therein
• Matters of common knowledge to the City, including but not limited to federal, state, and local
laws and regulations
• Any documents expressly cited in these Findings
• Any other relevant materials required to be in the record of proceedings by Public Resources
Code Section 21167.6(e)
The documents and other material that constitute the record of proceedings on which these findings are
based are located at the City of Tustin, Planning Department, 300 Centennial Way, Tustin, California
92780. City Planning Department is the custodian of the administrative record for the project.
2. PROJECT SUMMARY
Project Location
The Specific Plan area is within the City of Tustin, Orange County, California. The 220 -acre Specific Plan
area is generally located northeast of the 1-5 at the SR -55 interchange; and is centered around the
intersection of Main Street and EI Camino Real. The Planning Area is generally bound by 1-5 to the south
and SR -55 to the west. First Street generally defines the northern edge of the Planning Area and includes
parcels along the north side of First Street. Newport Avenue and parcels along the east side of Newport
Avenue generally define the eastern boundary. The Specific Plan area excludes two residential
neighborhoods located along Prebble Drive/E. Second Street and Ambrose Lane/Platt Way.
Project Description
The Specific Plan establishes the long-term vision and objectives for land use development and public
improvements within Tustin's downtown. This vision is to introduce mixed uses that expands walkability
through pedestrian -oriented first floor development; establish residential mixed use and multi -family
development; transform streets through pedestrian -oriented improvements; draw more patrons to Old
Town by embracing its unique historic character; and maintain a commercial focus along the majority of
Newport Avenue. The Specific Plan establishes permitted uses, development standards and design criteria
regulating and guiding site planning, building design, parking, architectural treatment, landscaping, and
circulation improvements for each Development Area (DA).
The Specific Plan introduces integrated residential mixed use through a discretionary entitlement and
delineates a range of land use designations promoting shopping, dining, entertainment, employment, and
living in a mixed use, pedestrian -friendly setting focused around the historic Old Town. The Specific Plan is
City of Tustin 3
Findings and Facts April 2018
Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
divided into six DAs, which generally reflect differences in the character of the built environment. DA -6 is
further divided into subareas A, B, and C.
Residential Uses
The Specific Plan establishes a residential housing bank with a maximum of 887 new dwelling units that
may be developed within the Specific Plan area. Residential projects, whether vertical or horizontal mixed
use or multifamily development, require an initial step to reserve units from the housing bank. This initial
step is the approval of a Residential Allocation Reservation (RAR). Residential projects would then also
require City Design Review approval, as well as any other necessary entitlements such as subdivision maps
or conditional use permits. The 887 units are allocated by DA, as provided in the following Table,
Residential Housing Bank.
This table also provides the total number of dwelling units that may be transferred into each DA, through
approval of a RAR, which shall not exceed 25 percent of the original DA unit allocation. Transferred units
shall be deducted from the donating DA(s) so that the maximum number of new dwelling units within the
Specific Plan would not exceed 887 units. The Vintage Planned Community is an approved, but unbuilt,
140 -unit residential project within the boundaries of the Specific Plan, which is included in the Residential
Housing Bank's maximum number of dwelling units.
Residential Housing Bank
Maximum Number of Units
That May Be Transferred into
Development Area Initial Allotment of Receiving DA and Deducted
(DA) Dwelling Units from Donating DA(s)
DA -1 45 11
DA -2 92 23
DA -3 200 50
DA -4 150 38
DA -5 0 0
DA -6 400 100
Total 887 222
In addition to the residential uses, the Specific Plan is anticipated to result in approximately 300,000
square feet of non-residential (commercial/office) space to be developed/redeveloped on vacant and
underutilized parcels, within the land use categories described below by build out year (2035). The
nonresidential square footage is within the existing General Plan's buildout assumptions for the Specific
Plan area.
Land Use Designations
The Specific Plan would re -designate the Specific Plan area into six new land use categories, as shown in
the following Table, Specific Plan Land Use Categories.
City of Tustin 4
Findings and Facts April 2018
Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
Specific Plan Land Use Categories
Title
Description
Downtown Mixed Use (DM)
The DM land use designation applies to the parcels located on both sides of
First Street from the 55 Freeway on the west to Newport Avenue on the east,
generally on both sides of EI Camino Real south of Sixth Street, and on the
southwest side of EI Camino Real east of Newport Avenue. The DM designation
Is divided into five subcategories (DM(1)-DM(5)) based on characteristics
including location, proximity to adjacent uses/zones such as residential, and
parcel size, which impact allowable uses. The DM designation includes the
greatest flexibility of uses, providing for retail, service, office, food service,
medical, hospitality, and auto service uses. Residential use is allowed in an
integrated mixed use format (either vertical or horizontal), subject to the
approval of a discretionary RAR.
Old Town (OT)
The OT land use designation applies to the blocks located primarily between C
Street on the west and Prospect Avenue on the east, from below the First Street
frontage on the north to Sixth Street on the south. The OT designation provides
for retail, service, office, food service, medical, and hospitality uses. Automotive
uses are not allowed within Old Town. Mixed use residential buildings are
allowed only if a discretionary RAR is approved, with commercial uses on the
ground floor and residential uses above when in a vertical setting. Integrated
horizontal mixed use is also allowed.
Downtown Commercial (DC)
The DC land use designation applies to Newport Avenue from First Street on
the north to EI Camino Real on the south (except for Larwin Square, which abuts
First Street and west of Newport Avenue which is designated DM). The DC land
use designation provides for retail, service, office, food service, medical,
hospitality, and auto service uses. Residential uses are not allowed within the
DC land -use designation. The primary intent for Newport Avenue is to remain a
commercial thoroughfare.
Civic/Institutional (CI)
The CI land use designation provides for a range of civic, public, and
institutional uses, and is applied to Peppertree Park, the Tustin Area Senior
Center, the Tustin Unified School District administration offices, Tustin
-
Presbyterian Church, and Tustin Community Preschool, which are located on the
west side of C Street between First Street and Main Street. The designation
applies to the City of Tustin Main Street Water Facility, Tustin Branch Library,
- --
and Tustin Civic Center, which are located on Main Street between Prospect
Avenue and Centennial Way. This designation also applies to the United States
Post Office facility that fronts on First Street with parking lot access from
Prospect Avenue and the Tustin Hacienda Silverado Memory Care facility
located on Third Street east of Prospect Avenue. Finally, a small parcel located
on the west side of EI Camino Real between Main and Sixth Streets is
designated Cl.
Multi -Family (MF)
The MF land use designation applies to the parcels located on the south side of
Sixth Street west of B Street. The MF designation provides for multifamily
residential use with approval of a discretionary entitlement, which entails the
initial step to reserve units from the housing bank. Residential projects also
require design review as well as any other necessary entitlements such as
subdivision maps. Commercial uses are not allowed within the Multi -family land
use designation (except for home occupations per the TCC). Parcels with a MF
designation are permitted one unit by right with administrative design review,
provided the unit is deducted from the residential unit bank.
Mobile Home (MH)
The MH land use designation applies to a portion of the east side of Prospect
Avenue north of Third Street. The MH designation provides for mobile homes
within a mobile home park which is the existing use.
City of Tustin 5
Findings and Facts April 2018
Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
Development Areas
The Specific Plan establishes six DA's used to identify and describe the distinct urban design vision for the
various portions of the DCCSP area. The six DA's, including the three subareas (DA -6A, DA -6B, and DA -
6C), are utilized to describe the urban design vision for the DCCSP presented below.
Development Areas 1 and 2: DA's 1 and 2 consist of the northwestern portion of the Planning Area and
include the First Street roadway corridor. The boundaries of DA -1 stretch along First Street from the 55
Freeway to C Street and DA -2 extends along First Street from C Street to Centennial Way.. DA's 1 and 2
provide an entrance into Old Town, fostering a smooth transition with DA -4. The DCCSP vision for DA -1
and DA -2 is to . provide an eclectic mix of retail, services, offices, restaurants, medical services, and
hospitality. Auto services are prohibited in DA -1 but allowed in DA -2.
Residential mixed use approved through a discretionary permit are allowed in a vertical format on upper
floors of two and three-story buildings, with commercial use provided on the ground floor. Because most
parcels within the western portion of First Street are small, the Specific Plan establishes a maximum
building or tenant size of 10,000 square feet in DA -1 to encourage pedestrian orientation. The Specific
Plan also includes a more pedestrian street transformation with improvements planned to First Street that
would reduce the number of traffic lanes and lane widths, add street parking, a bike lane, and expanded
pedestrian sidewalk, detailed in the Circulation Section below.
Development Area 3: DA -3 is located along the eastern portion of First Street approximately between
Centennial Way to Newport Avenue. DA -3 includes large parcels, which could be used for mixed-use,
shopping emphasis, gathering, and entertainment uses. The urban design vision for DA -3 adjacent to
Newport Avenue includes commercial buildings with active ground floor uses or mixed use buildings with
commercial uses on the ground floor with residential uses above. Vertical and/or horizontal residential
mixed use is allowed up to four stories high.
Development Area 4: DA -4 consists of the Old Town commercial district, located between B Street on the
west extending east of -Prospect Avenue, from south of the First Street frontage to Sixth Street. Old Town
formed the heart of founder Columbus Tustin's original city. Many historic buildings remain, concentrated
primarily at the intersection of Main Street and EI Camino Real. DA -4 is part of the Cultural Resources
- -District and properties within this district, as well as identified historic resources in other parts of the City,
are subject to the Cultural Resources District Commercial Design Guidelines and Residential Design
Guidelines. DA -4 contains vacant parcels that provide opportunity for revitalization with expanded range
of businesses in new commercial and mixed use development, with a maximum height of three stories. DA -4
allows -new development consistent with the historic pedestrian -oriented pattern of the Old Town area to
encourage and provide extended walkability. As with DA -1, the Specific Plan establishes a maximum
building or tenant size of 10,000 square feet in DA -4 to encourage pedestrian orientation.
The Specific Plan includes improvements to Main Street (spanning DA -4 and DA -5) that involve: reducing
the number of traffic lanes and lane widths, adding parking, a bike lane, an expanded pedestrian
sidewalk, and installing an entry arch spanning the street. The vision also includes creating parklets on EI
Camino Real to encourage gathering.
City of Tustin 6
Findings and Facts April 2018
Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
Development Area 5: DA -5 includes clusters of large parcels along the east and west side of Newport
Avenue from First Street to EI Camino Real. DA -5 also includes Main Street from Newport Avenue to east
of Prospect Avenue. The Specific Plan also includes improvements to Main Street (spanning DA -4 and DA -
5) that involve: reducing the number of traffic lanes and lane widths, adding parking, a bike lane, an
expanded pedestrian sidewalk, and installing an entry 'arch spanning the street. The Specific Plan vision
for DA -5 is to provide enhanced pedestrian amenities such as outdoor dining, gathering areas, and
walkways while maintaining its commercial focus. In addition, a small parklet would be provided at the
northern entrance to Tustin Plaza.
Development Area 6A: DA -6A encompasses the blocks on the south side of Sixth Street from 1-5 to B
Street. This DA includes an approved 140 -unit residential development, called Vintage, a self -storage
facility, the Tustin Boys and Girls Club, and a small church building. The urban design within this DA is to be
sensitive to the existing single-family residences on the north side of Sixth Street within the Cultural
Resources District by implementing historic architectural styles, articulated building mass, designing
buildings adjacent to Sixth Street to two stories adjacent to public streets, and allowing up to four stories
maximum for interior parcels away from the street, with a maximum of five stories adjacent to the 1-5
freeway. The vision for this DA is to transition to entirely residential development.
Development Area 613: The boundaries of DA -6B include B Street on the west, Sixth Street on the north,
both frontages of EI Camino Real, 1-5 on the south, and Newport Avenue on the southeast. This DA provides
an entrance into Old Town, fostering a smooth transition with DA -4. DA -6B is intended to serve as a mixed-
use residential, shopping, gathering, and entertainment destination.
The urban design vision for DA -6B includes active ground floor buildings up to four stories high adjacent to
Newport Avenue and EI Camino Real and up to three stories on Sixth Street; and higher density near
freeway and interior parcels (up to five stories). In addition, development of the parcels clustered on the
west side of EI Camino Real would emphasize providing large public gathering area(s). Open space within
the mixed-use development on the west side of EI Camino Real would be provided by private open space
(e.g. balconies) and common open space, such as roof -top gardens and courtyard areas.
Development Area 6C: DA -6C -is bordered on the northeast by EI Camino Real, on the northwest by
Newport Avenue, and on the south by 1-5. This DA is envisioned for mixed use (likely horizontal, with
commercial clustered in the northwestern portion of the DA to keep the commercial focus along Newport
- Avenue and residential in the remainder). Buildings along Newport Avenue and immediately adjacent to El
Camino Real would be four stories or less, and up to five story buildings would be allowed adjacent to 1-5.
Circulation and Parking
The Specific Plan includes conceptual circulation plans and improvements for vehicles, pedestrians,
bicyclists, and transit users. It also provides strategies for meeting the parking needs within the Planning
Area by incorporating standards that allow for the modification of parking standards under certain
circumstances. The existing alternative parking standards from the Parking Overlay District have been
incorporated into the Specific Plan and apply throughout the Specific Plan area.
Roadways: The Specific Plan area is served by a network of existing roadways, which includes several
streets planned for improvement under the DCCSP to create "complete streets' in which the roadway
design gives pedestrians and bicyclists greater emphasis.
The Specific Plan contains planned modifications to First and Main Streets, which are included in the Master
Plan of Arterial Highways (MPAH) administered by the Orange County Transportation Authority (OCTA)
to:
City of Tustin 7
Findings and Fact April 2018
Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
• Reclassify First Street from just east of State Route 55 to Newport Avenue, from a primary (four -
lane, divided) arterial to a divided collector (two-lane, divided) arterial; and
• Reclassify Main Street from the westernmost city limits to Newport Avenue, from a primary (four -
lane, divided) arterial to a divided collector (two-lane, divided) arterial.
Main Street
The improvements to Main Street include:
• Reduce the street from a four -lane roadway (two lanes in each direction) to a two-lane roadway
(one lane in each direction) with 14 -foot eastbound lane and 1 1 -foot westbound lane between
Prospect Avenue and Centennial Way.
• Install landscaped center median.
• Install on -street diagonal parking on the south side of the street, adjacent to a shopping center
and within walking distance of Old Town and commercial uses.
• Install new on -street 3 -foot buffered bicycle lane (Class 2) on the north side of the street,
accessible from the existing off-street bicycle lane (Class 1) along the west side of Newport
Avenue.
• Expand pedestrian sidewalk to provide an integrated bicycle lane and enhanced with decorative
pavement on the south side of the street.
• Install bicycle lane on the south side of Main Street, as an integrated off-road bicycle lane (Class
1).
• Align the Tustin Branch Library driveway on the north side of Main Street with the Tustin Plaza
driveway on the south, eliminating the existing conflicting vehicle turning movements and
facilitating pedestrian crossings. The aligned driveways would provide bulb outs that narrow the
roadway and a crosswalk with decorative pavement would be installed between the library and
Civic Center on the north, and Tustin Plaza on the south side of the street.
• Install an entry arch spanning Main .Street near the intersection with Centennial Way to identify
Old Town.
First Street
The improvements to First Street include:
• Reduce the number of traffic lanes from four (two in each direction) to two (one in each direction)
and narrow the lane widths to 11 feet.
• Expand the existing sidewalk and an on -street bicycle lane (Class 2) and
• Install diagonal parking on both the north and south sides of the street,
• Connect to the off- street Class 1 bicycle lane on Newport Avenue.
• Install a 16 -foot landscaped median.
Second and Third Streets
Second and Third Streets would be changed from two-way to one-way streets. In addition, it is
conceptually planned that the on -street parking would be changed from parallel parking on both sides to
diagonal parking on one side, and landscaped bulb outs would be installed in the expanded sidewalks.
Bicycle Infrastructure: As described above, new Class 1 and, buffered Class 2 bicycle lanes would be
installed on Main Street, and new Class 2 bicycle lanes would be installed on First Street. In addition,
"Sharrow`bicycle lanes (Class 3), marked with on -street symbols but not striped, would be installed on the
following street segments:
• Main Street from B Street to Prospect Avenue
• EI Camino Real from First Street to Newport Avenue
• B Street between First Street and Sixth Street
• Prospect Avenue between First Street and Main Street
City of Tustin 8
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Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
• Centennial Way between First Street and Main Street
• Sixth Street between B Street and Newport Avenue
Bicycle racks would be installed at regular intervals within the public right-of-way and within private
development, as part of the DCCSP Design Criteria.
Transit: Transit service within the Plan Area is currently provided along Newport Avenue, First Street, and
Centennial Way, with bus shelters located at select bus stops. Additional bus shelters would be provided
along existing routes, and new development along transit routes would be required to be sited for easy
access to transit stops and to provide connecting pedestrian walkways to promote transit use.
Parking: The Specific Plan includes mechanisms to address parking, including required on-site provisions,
reduced parking options, including incentives and opportunities for shared and joint use parking, parking
management strategies, and options for increased parking facilities.
Streetscape Improvements
Streetscape improvements include installation of benches, bicycle racks, trash receptacles, tree grates,
landscaping, and lighting to better define the character of the Specific Plan area. Street lighting would be
installed as a part of individual development projects, and would provide spatial definition to the
sidewalk, ambiance to neighborhood settings, and provision of security. The light fixtures shall adhere to
guidelines set forth by the TCC. In addition, the Specific Plan requires that lighting for non-residential uses
shall be appropriately designed, located, and shielded to, ensure that they do not negatively impact the
residential uses in the development or any adjacent residential uses.
Ficus Tree Replacement Program: Much of the street tree canopy in the Specific Plan consists of non-
native Indian Laurel Fig (Ficus microcarpa), which is a non-native tree that has invasive roots, and are
sometimes negatively affecting infrastructure within the Specific Plan area, including the penetration of
water and sewer pipes and uplifting sidewalk pavement, creating potentially unsafe conditions. Therefore,
the Specific Plan includes a program to gradually replace the existing Ficus trees with one tree species
identified in the Street Tree Palette, 48 -inch box sized or larger. The replacement of trees will follow a
systematic, phased tree replacement schedule to replace all alternating Ficus trees within the Specific Plan
area and then cycle back to replace the remaining Ficus trees.
Open Space
The DCCSP has conceptual plans to install public parklets within the right-of-way along El Camino Real,
and on Main Street at the northern entrance to Tustin Plaza, that would consist of bulb -outs with enhanced
paving and low walls to create public gathering or seating areas adjacent to the sidewalk. Although the
current focus is to implement parklets on EI Camino Real and Main Street within the heart of Old Town,
expansion of the network of parklets to other areas within the DCC is envisioned and encouraged. In
addition, pocket parks that would contain pedestrian amenities such as seating, shade, trash/recycle
receptacles, and lighting are opportunities through public-private partnerships that the Specific Plan
encourages.
Design Criteria and Development Standards
The design criteria and development standards included in the Specific Plan address: architectural styles
for new development; building design, mass, and scale; roof forms; architectural details; lighting; window
and door styles; signage; materials and colors; requirements for service areas and parking lots;
landscaping; and open space. In addition, the Specific Plan includes design criteria specific to each DA to
achieve the urban design visions described previously.
City of Tustin 9
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Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
Discretionary Actions
Implementation of the Specific Plan would require the following discretionary actions:
• General Plan Land Use Amendment to re -designate land uses within the Specific Plan area from the
seven existing land use designations (discussed in the table above) to "DCCSP - Downtown Commercial
Core Specific Plan," including text amendments and map updates.
• Zoning Change to modify the zoning in the Specific Plan area from the zoning designations currently
in effect (discussed in Draft EIR Section 4.0, Environmental Setting) to a new zoning designation of
"DCCSP - Downtown Commercial Core Specific Plan (SP -12)," including text amendments and map
updates'.
• General Plan Circulation Element Amendment to be consistent with the circulation changes resulting
from conceptual planned improvements to Main Street, First Street, Second Street and Third Street.
• Rescission of First Street Specific Plan
• Rescission of Planned Community for Tustin Village, Tustin Plaza, 13682 Newport Avenue,
Blockbuster Music Plaza and Ambrose Lane Area B.
Project Objectives
The following identifies the Lead Agency's project objectives, including the underlying purpose of the
project, pursuant to State CEQA Guidelines Section 15124(b), which requires an EIR to include a
"statement of objectives sought by the proposed project." As noted in CEQA Guidelines Section 15124(b),
a "clearly written statement of objectives will help the lead agency develop a reasonable range of
alternatives to evaluate in the EIR and will aid the decision makers in preparing findings."
The project objectives and underlying purpose of the project are derived from the DCCSP Goals and
Vision Statements, as follows:
1. Bolster an economically vibrant and active downtown environment through introduction of mixed
uses.
-- - 2. - Draw more patrons and expand walkability through enhanced pedestrian -oriented commercial
first floor development.
3. :Introduce- a sufficient level -of high-quality, integrated residential mixed use, and focused
multifamily development to invigorate Old Town Tustin.
A. Transform streets and create neighborhood connectivity through pedestrian -oriented
improvements.
5. Differentiate Old Town Tustin by embracing its unique historic downtown character.
6. Maintain a commercial focus for the project area.
7. Create additional integrated public spaces to serve existing and future residents and visitors, and
to provide opportunities for community events, interaction, and strengthening the area's sense of
community.
1 Two Planned Communities within the Planning Area (Prospect Village live/work project and the Vintage multi -family residential
project) would also be redesignated to "DCCSP - Downtown Commercial Core Specific Plan" but their uses and development
standards shall continue to be as governed by their original approval ordinances.
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3. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
The FEIR includes the DEIR dated February 2018, written comments on the DEIR that were received during
the public review period, and written responses to those comments and changes to the DEIR (hereinafter
referred to collectively as the FEIR. In conformance with CEQA and the State CEQA Guidelines, the City of
Tustin conducted an extensive environmental review of the Downtown Commercial Core Specific Plan:
Completion of an Initial Study (IS), which concluded that an EIR should be prepared, and the
Notice of Preparation (NOP), which were released for a 30 -day public review period from August
1, 2016, through August 31, 2016. The NOP was posted at the Orange County Clerk -Recorder's
office on August 2, 2016. The notice was published in the August 1, 2016 in the Orange County
Register, a newspaper of general circulation. Copies of the IS were made available for public
review at the City of Tustin Community Development Department, located at 300 Centennial Way,
and it was available on the City's website:
http://www.tustinca.org/depts/cd/planningupdate.asp.
Completion of a scoping process, in which the public was invited by the City to participate. The
scoping meeting for the EIR was held on August 16, 2016 at 3:00 p.m. in the City of Tustin Library,
located at 345 E. Main Street. The notice of a public scoping meeting was included in the NOP
that was published and distributed on August 1, 2016.
Preparation of the DEIR was made available for a 45 -day public review period (February 15,
2018 to April 2, 2018). The Notice of Availability (NOA) for the DEIR was sent to all agencies,
organizations and interested persons, including those who attended Specific Plan Workshops, were
sent the NOA for the DEIR. The DEIR was sent to the State Clearinghouse in Sacramento for
distribution to public agencies and published in the Tustin News. The NOA was posted at the
Orange County Clerk -Recorder's office on February 16, 2018. Copies of the DEIR were made
available for public review at the City Clerk's office and at the Tustin Community Development
Department, located at 300 Centennial Way, and it was available on the City's website:
http://www.tustinca.org/deptsLcd/planningupdate.asp.
• A notice of the City of Tustin Planning Commission hearing for the project was mailed on March 28,
2018 to all property owners within the project boundary and to all owners within 300 feet of the
project boundary. The notice was also sent to all agencies, and individuals that requested to be
notified. Additionally, the notice for the City of Tustin Planning Commission hearing was posted
March 29, 2018, as required by established public hearing posting procedures. Furthermore, the
notice was published on the City's Website.
Preparation of an FEIR, including the Comments and Responses to Comments on the DEIR. The
FEIR/Response to Comments contains: comments on the DEIR, responses to those comments, revisions
to the DEIR, and appended documents. The FEIR Response to Comments was released for a 10 -
day agency review period prior to certification of the FEIR at the City Council Meeting.
4. SIGNFICANT EFFECTS THAT CANNOT BE MITIGATED TO A LESS THAN SIGNIFICANT LEVEL
The following environmental impacts were analyzed in the DEIR and the effects of the project were
considered. The following summary describes the adverse impacts of the project that would remain
significant unavoidable after implementation of standard regulatory requirements, plans, programs,
policies, and mitigation measures. The City has determined that either (1) even with identification of plans,
programs, policies, compliance with existing laws, codes and statutes, and/or the identification of feasible
mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or
(2) no feasible mitigation measures or alternatives are available to mitigate the potentially significant
impact, the City has found in accordance with CEQA Section 21081(1)(3) and CEQA Guidelines Section
15091(a)(3) that "Specific economic, legal, social, technological, or other considerations, including
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considerations for the provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or alternatives identified in the environmental impact. report" Per CEQA
Guidelines, this is herein referred to as Finding 3.
4.1 Air Quality
4.1.1 Significant Effects
As detailed in DEIR Section 5.2, Air Quality, due to the uncertainty of the timing and methods of
construction activities related to Specific Plan development projects, a significant impact could occur
related to construction emissions of ROGs and NOx, with implementation of South Coast Air Quality
Management District (SCAQMD) Rules and mitigation measures. In addition, operation of the Specific Plan
would result in exceedance of the applicable SCAQMD thresholds for ROGs, NOx, and CO after
implementation of mitigation. Therefore, emissions generated from implementation of the Specific Plan
would be significant and unavoidable.
Cumulative Air Quality Impacts: As described in DEIR Section 5.2, Air Quality, per SCAQMD's
methodology, if an individual project results in air emissions of criteria pollutants (including ROG, CO,
NOx, SOx, PM1o, and PM2.5) that exceed the SCAQMD's thresholds for project -specific impacts, then it
would also result in a cumulatively considerable net increase of these criteria pollutants for which the
region is in non -attainment under an applicable federal or state ambient air quality standard.
Emissions from construction of projects pursuant to the Specific Plan would exceed SCAQMD's threshold for
ROGs and NOx after implementation of SCAQMD Rules and mitigation measures. In addition, emissions
from buildout of the Specific Plan would exceed the applicable SCAQMD thresholds for ROGs, NOx, and
CO after implementation of mitigation. Therefore, operational -source emissions from implementation of the
Specific Plan would be cumulatively considerable, and cumulative air quality impacts would be significant
and unavoidable.
4.1.2 Findings
Finding 3: The City hereby makes Finding 3 that "specific economic, legal, social, technological or other
considerations, including provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the FEIR." SCAQMD rules that reduce air
quality impacts and all feasible and reasonable mitigation measures applicable to the project have been
incorporated as Mitigation Measures AQ -1 through AQ -6. There are no additional feasible mitigation
measures that will reduce this impact to a less than significant level. Therefore, this impact is significant and
unavoidable and would require the adoption of a Statement of Overriding Considerations.
4.1.3 Facts in Support of Findings
As described in DEIR Section 5.2, Air Quality, due to the uncertainty of construction timing of individual
developments construction activities could exceed the applicable SCAQMD thresholds for emissions of
ROGs and NOx. Mitigation Measures AQ -1 through AQ -6 would reduce emissions of ROGs and NOX;
however, due to the potential overlap of development projects and construction activities, it cannot be
assured that the mitigation measures would reduce emissions below the SCAQMD significance thresholds.
In addition, emissions from operation of the land uses within the Specific Plan would exceed the applicable
SCAQMD thresholds for ROGs, NOx, CO and PMio, and PM2.5 even with implementation of Mitigation
Measures AQ -7 and AQ -8. Therefore, impacts would be significant and unavoidable, and also
cumulatively considerable.
Mitigation Measures
Mitigation Measure AQ -1: Tier 3. The construction plans and specifications shall state that project
construction that utilizes construction equipment greater than 150 horsepower (>150 HP) shall comply with
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EPA/CARB Tier 3 emissions standards during all construction phases and shall ensure that all construction
equipment be tuned and maintained in accordance with the manufacturer's specifications.
Mitigation Measure AQ -2: Low VOC. The construction plans and specifications shall state that project
construction shall utilize "Super -Compliant" low VOC paints which have been reformulated to exceed the
regulatory VOC limits put forth by SCAQMD's Rule 1 113. Super -Compliant low VOC paints shall be no
more than l Og/L of VOC. Alternatively, the applicant/developer may utilize valid construction techniques
that do not require the use of architectural coatings.
Mitigation Measure AQ -3: Electricity. The construction plans and specifications shall state that contractors
shall use the electricity infrastructure surrounding the construction site, if available, rather than electrical
generators powered by internal combustion engines.
Mitigation Measure AQ -4: Alternative Technology. The construction plans and specifications shall state
that contractors shall use alternative fueled, engine retrofit technology, after -treatment products (e.g.,
diesel oxidation catalysts, diesel particulate filters), and/or other options as they become available,
including all off-road and portable diesel -powered equipment.
Mitigation Measure AQ -5: Equipment Maintenance. Construction plans and specifications shall state that
construction equipment be maintained in good operating condition to reduce emissions. The construction
contractor shall ensure that all construction equipment is being properly serviced and maintained as per
the manufacturer's specification. Maintenance records shall be available at the construction site for City
verification.
Mitigation Measure AQ -6: Construction Vehicle Management Plan. For projects requiring construction
vehicles, construction plans and specifications shall state that the applicant/developer and/or building
operators shall prepare and maintain a construction vehicle management plan, to be made available upon
request to the City of Tustin Building Division, denoting the proposed schedule and projected equipment
use. The construction vehicle management plan shall include, as a minimum: idling time requirements;
requiring hour meters on equipment; documenting the serial number, horsepower, age, emissions ratings,
and fuel of all onsite equipment. The plan shall state that California state law requires equipment fleets to
limit idling to no more than 5 minutes, and that low emission vehicles will be used. If low emission mobile
-- - construction equipment is not used, construction contractor shall provide evidence in the construction vehicle
management plan that their use was investigated and found to be infeasible. Contractors shall also
conform to any construction measures imposed by the South Coast Air Quality Management District as well
as the City of Tustin.
Mitigation Measure AQ -7: Energy Usage Calculations. Prior to the issuance of building permits for new
development projects requiring design review, project applicants/developers shall submit plans certifying
that the proposed development is designed to achieve 5 percent efficiency beyond the 2016 California
Building Code Title 24 requirements to the satisfaction of the City of Tustin Building Division. Example of
measures that reduce energy consumption include, but are not limited to, the following (it being understood
that the items listed below are not all required and merely present examples; the list is not all-inclusive
and other features that reduce energy consumption also are acceptable):
• Increase in insulation such that heat transfer and thermal bridging is minimized;
• Limit air leakage through the structure and/or within the heating and cooling distribution
system;
• Use of energy-efficient space heating and cooling equipment;
• Installation of electrical hook-ups at loading dock areas;
• Installation of dual -paned or other energy efficient windows;
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• Use of interior and exterior energy efficient lighting that exceeds the 2016 California
Title 24 Energy Efficiency performance standards;
• Installation of automatic devices to turn off lights where they are not needed;
• Application of a paint and surface color palette that emphasizes light and off-white colors
that reflect heat away from buildings;
• Design of buildings with "cool roofs" using products certified by the Cool Roof Rating
Council, and/or exposed roof surfaces using light and off-white colors;
• Design of buildings to accommodate photo -voltaic solar electricity systems or the
installation of photo -voltaic solar electricity systems; and
• Installation of ENERGY STAR -qualified energy-efficient appliances, heating and cooling
systems, office equipment, and/or lighting products.
• Mitigation Measure AQ -8: Enhanced Water Conservation. Prior to the issuance of building
permits for new development projects requiring design review, project applicants/developers shall
certify that the project is designed to reduce water usage by a minimum of 30 percent when
compared to baseline water demand (total expected water demand without implementation of
the Water Conservation Strategy). Projects shall also implement the following:
• Landscaping palette emphasizing drought tolerant plants;
• Use of water -efficient irrigation techniques; and
• U.S. Environmental Protection Agency (EPA) Certified WaterSense labeled or equivalent faucets,
high -efficiency toilets (HETs), and water -conserving shower heads.
The above measures reduce water consumption, but it is understood that the list is not all-inclusive and
other features that reduce water consumption also are acceptable.
4.2 Greenhouse Gas Emissions
4.2.1 Significant Effects
As detailed in DER Section 5.4, Greenhouse Gas Emissions, the GHG emissions that would be generated
from the increase in population and the resulting vehicular trips and use of electricity, water, and fuels
from construction and operation of the Specific Plan at buildout would be in excess of both the SCAQMD
screening threshold and 2035 efficiency level threshold. Mitigation Measures are included to require
Specific Plan development projects to be designed to achieve a 5 percent efficiency beyond the
incumbent California Building Code Title 24 requirements, and to be designed to reduce water usage by
a minimum of 30 percent when compared to baseline water demand. However, even with implementation
of these mitigation measures the GHG emissions generated by the Specific Plan would remain significant
and unavoidable.
Cumulative Greenhouse Gas Emissions Impacts: GHG emissions impacts are assessed in a cumulative
context, since no single project can cause a discernible change to climate. The analysis of greenhouse gas
emission impacts under CEQA contained in this EIR effectively constitutes an analysis of a project's
contribution to the significant statewide cumulative impact of GHG emissions. Because the estimated GHG
emissions from development and operation of the Specific Plan at buildout would exceed the AQMD
screening threshold and exceed the SCAQMD 2035 efficiency level threshold after implementation of
mitigation measures, the contribution of the Specific Plan to significant cumulative GHG impacts is
significant and unavoidable and cumulatively considerable.
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Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
4.2.2 Findings
Finding 3: The City hereby makes Finding 3 that "specific economic, legal, social, technological or other
considerations, including provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the FEIR." All feasible and reasonable
mitigation measures applicable to the project have been incorporated as Mitigation Measures AQ -7 and
AQ -8. There are no additional feasible mitigation measures that will reduce this impact to a less than
significant level. Therefore, this impact is significant and unavoidable and would require the adoption of a
Statement of Overriding Considerations.
4.2.3 Facts in Support of Findings
As described in DEIR Section 5.4, Greenhouse Gas Emissions, the growth that would be accommodated by
the Specific Plan would result in GHG emissions. The Specific Plan provides for bicycle and pedestrian
circulation infrastructure to reduction of vehicle miles traveled and related GHG emissions. In addition, the
Specific Plan would be implemented pursuant to the CALGreen Building (Title 24) requirements, and
provide new land uses in a sustainable manner. This is consistent with the intent of the AB 32 Scoping Plan
and SB 375, which is focused on changing land use patterns and improving transportation alternatives.
However, the GHG emissions that would be generated from the increase in population and the resulting
vehicular trips and use of electricity, water, and fuels from construction and operation of the anticipated
land uses at build out of the Specific Plan would be in excess of both the SCAQMD screening threshold
and 2035 efficiency level threshold. Even with implementation of mitigation measures the GHG emissions
generated by the Specific Plan would exceed the SCAQMD thresholds, and therefore would remain
significant and unavoidable.
Mitigation Measures
Mitigation Measure AQ -7: Energy Usage Calculations. Prior to the issuance of building permits for new
development projects requiring design review, project applicants/developers shall submit plans certifying
that the proposed development is designed to achieve 5 percent efficiency beyond the 2016 California
Building Code Title 24 requirements to the satisfaction of the City of Tustin Building Division. Example of
measures that reduce energy consumption include, but are not limited to, the following (it being understood
that the items listed below are not all required and merely present examples; the list is not all-inclusive
and other features that reduce energy consumption also are acceptable):
• Increase in insulation such that heat transfer and thermal bridging is minimized;
• Limit air leakage through the structure and/or within the heating and cooling distribution
system;
• Use of energy-efficient space heating and cooling equipment;
• Installation of electrical hook-ups at loading dock areas;
• Installation of dual -paned or other energy efficient windows;
• Use of interior and exterior energy efficient lighting that exceeds the 2016 California
Title 24 Energy Efficiency performance standards;
• Installation of automatic devices to turn off lights where they are not needed;
• Application of a paint and surface color palette that emphasizes light and off-white colors
that reflect heat away from buildings;
• Design of buildings with "cool roofs" using products certified by the Cool Roof Rating
Council, and/or exposed roof surfaces using light and off-white colors;
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Design of buildings to accommodate photo -voltaic solar electricity systems or the
installation of photo -voltaic solar electricity systems; and
• Installation of ENERGY STAR -qualified energy-efficient appliances, heating and cooling
systems, office equipment, and/or lighting products.
Mitigation Measure AQ -8: Enhanced Water Conservation. Prior to the issuance of building permits for
new development projects requiring design review, project applicants/developers shall certify that the
project is designed to reduce water usage by a minimum of 30 percent when compared to baseline water
demand (total expected water demand without implementation of the Water Conservation Strategy).
Projects shall also implement the following:
• Landscaping palette emphasizing drought tolerant plants;
• Use of water -efficient irrigation techniques; and
• U.S. Environmental Protection Agency (EPA) Certified WaterSense labeled or equivalent faucets,
high -efficiency toilets (HETs), and water -conserving shower heads.
The above measures reduce water consumption, but it is understood that the list is not all-inclusive and
other features that reduce water consumption also are acceptable.
4.3 Transportation and Circulation
4.3.1 Significant Effects
As detailed in DEIR Section 5.9, Transportation and Circulation, the Specific Plan would result in traffic
impacts at an intersection that is under Caltrans jurisdiction, and the City does not have the authority to
provide mitigation at this location. Therefore, the impact at this intersection is considered significant and
unavoidable.
Cumulative Traffic Impacts: The impacts of the Specific Plan and the anticipated cumulative development
would result in an impact at a 1-5 northbound on-ramp, which is under the jurisdiction of Caltrans. The
addition of traffic from the Specific Plan would be cumulatively considerable due to the existing conditions.
The City of Tustin cannot guarantee installation of a traffic signal that is in a location under Caltrans
jurisdiction. Therefore, traffic impacts would be cumulatively significant and unavoidable.
4.3.2 Findings
Finding 3: The City hereby makes Finding 3 that "specific economic, legal, social, technological or other
considerations, including provision of employment opportunities for highly trained workers, make infeasible
the mitigation measures or project alternatives identified in the FEIR." SCAQMD rules that reduce air
quality impacts and all feasible and reasonable mitigation measures applicable to the project have been
incorporated as Mitigation Measure TR -1. There are no additional feasible mitigation measures that will
reduce this impact to a less than significant level. Therefore, this impact is significant and unavoidable and
would require the adoption of a Statement of Overriding Considerations.
4.3.3 Facts in Support of Findings
As described in DEIR Section 5.9, Transportation and Circulation, the Caltrans intersection of Newport
Avenue at 1-5 northbound on-ramp is forecast to operate at LOS F under existing, future, and with all
project conditions. The addition of traffic from the Specific Plan would be cumulatively considerable due to
the existing conditions. Installation of a traffic signal at the intersection would allow this location to operate
at an LOS A and B in the peak hours. However, the intersection is under Caltrans jurisdiction, and the City
does not have the authority to install a signal at this location. Therefore, the impact at this intersection is
considered significant and unavoidable.
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Downtown Commercial Core Specific Plan Findings and Facts in Support of
A traffic signal at this location is recommended in the Caltrans Final Traffic Operations Report for State
Route 55 (1-5 to 1-405) Project Approval/Environmental Document (PR/ED) that was published in October
2015. The City of Tustin will cooperate with Caltrans when Caltrans proceeds with this traffic signal
improvement, as included in Mitigation Measure TR -1. Unless and until Caltrans implements the traffic
signal at this location, impacts would remain significant and unavoidable.
Mitigation Measures
Mitigation Measure TR -1: The City of Tustin will cooperate with Caltrans when Caltrans moves forward
with its planned improvements to the intersection of Newport Avenue at the 1-5 northbound on-ramp.
Caltrans' improvements include installation of a traffic signal per the recommendations in the Caltrans Final
Traffic Operations Report for State Route 55 (1-5 to 1-405) Project Approval/Environmental Document
(PR/ED) that was published in October 2015.
S. EFFECTS DETERMINED TO BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE
The following potentially environmental impacts were analyzed in the DEIR and the effects of the project
were considered. Compliance with existing laws, codes and statutes, plans, programs, policies, and the
identification of feasible mitigation measures have reduced potential impacts to a level of less than
significant as determined by the City. Therefore, the City has determined, in accordance with CEQA
Section 21081(a)(1) and CEQA Guidelines Section I S091(a)(1) that "Changes or alterations have been
required in, or incorporated into, the project which mitigate or avoid the significant effects on the
environment" are referred to as Finding 1 herein.
5.1 Air Quality
5.1..1 Significant Effects
Section 5.2, Air Quality, of the DEIR identified that implementation of the Specific Plan could result in a
significant impact related to localized emissions of NOX, CO, PM10, and PM2.5 associated with daily
grading activities generating emissions that could exceed thresholds of significance. The DEIR also
identified that because it is currently unknown what Specific Plan development projects could include a
sensitive receptor near an existing toxic air contaminant (TAC), such as the 1-5 and SR -55 Freeways, an
impact related to TACs could occur.
5.1.2 Findings
Finding 2: The City hereby makes Finding 2 that "changes or alterations have been required in, or
incorporated into, the project that mitigate or avoid the significant effects on the environment" PPP AQ -1
requires compliance with applicable South Coast Air Quality District (SCAQMD) Rules, and Mitigation
Measure AQ -9 requires Specific Plan development projects that are one acre or larger to provide
modeling of the regional and the localized emissions (NOX, CO, PM10, and PM2.5) associated with the
maximum daily grading activities; and requires grading activity to be limited to ensure that there would
be no impacts related to LST's. Mitigation Measure AQ -10 is included to require a site-specific evaluation
prior to approving any sensitive land use in proximity to an existing TAC. Therefore, impacts related to
localized construction air quality impacts and TACs would be less than significant with implementation of
Mitigation Measures AQ -9 and AQ -10.
5.1.3 Facts in Support of Findings
PPP AQ -1 would ensure that development projects pursuant to the Specific Plan would comply with
relevant SCAQMD Rules. Also, because implementation of the Specific Plan could result in a significant
impact related to LST's, Mitigation Measure AQ -9 is included, which requires development projects, one
acre or larger, pursuant to the Specific Plan to provide modeling of the regional and the localized
emissions (NOX, CO, PM10, and PM2.5) associated with the maximum daily grading activities for the
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proposed development; and requires grading activity to be limited to ensure that there would be no
impacts related to LST's. Therefore, impacts related to localized construction emissions would be less than
significant with implementation of Mitigation Measure AQ -9.
As it is currently unknown what Specific Plan development projects that could include a sensitive receptor
would be proposed next to an existing TAC, such as the 1-5 and SR -55 Freeways, consistent with CARB
guidance, Mitigation Measure AQ -10 is included to require a site-specific evaluation prior to approving
any sensitive land use in proximity to an existing TAC, which includes the 1-5 and SR -55 Freeways within
the Specific Plan area. Implementation of Mitigation Measure AQ -10 would reduce potential impacts
related to TAC's to a less than significant level.
Plans, Program and Policies (PPPs) and Standard Conditions
PPP AQ -1: Development projects shall comply with the following South Coast Air Quality District Rules:
• Rule 401 — Visible Emissions
• Rule 402 — Nuisance
• Rule 403 — Fugitive Dust
• Rule 481 — Spray Coating
• Rule 1 1 13 — Architectural Coatings
• Rule 1 143 — Paint Thinners and Solvents
Mitigation Measures
Mitigation Measure AQ -9: Localized Emissions. Prior to issuance of a grading permit for new
development projects that are one acre or larger, the applicant/developer shall provide modeling of the
regional and the localized emissions (NOx, CO, PMio, and PM2.5) associated with the maximum daily
grading activities for the proposed development. If the modeling shows that emissions would exceed the
SCAQMD's significance thresholds for those emissions, the maximum daily grading activities of the
proposed development shall be limited to the extent that could occur without resulting in emissions in excess
of SCAQMD's significance thresholds for those emissions.
Mitigation Measure AQ -10: Toxic Air Contaminants. Development proposals for new residential and
other sensitive land use projects (e.g., nursing homes, day care centers) in the Specific Plan area within 500
feet of major sources of toxic air contaminants ((e.g., Interstate 5, and roadways with traffic volumes over
100,000 vehicles per day), as measured from the property line of the project to the property line of the
source/edge of the nearest travel lane, shall submit a health risk assessment (HRA) to the City of Tustin
Planning Division prior to design review approval. The HRA shall be prepared in accordance with policies
and procedures of the SCAQMD. If the HRA shows that the incremental cancer risk exceeds ten in one
million (10E-06), PMio concentrations exceed 2.5 Ng/m3, PM2.5 concentrations exceed 2.5 pg/m3, or the
appropriate noncancer hazard index exceeds 1.0, the project applicant/developer shall be required to
submit an HRA that demonstrates and certifies that mitigation measures are capable of reducing potential
cancer and non -cancer risks to an acceptable level (i.e., below ten in one million or a hazard index of 1.0),
including appropriate enforcement mechanisms. Measures to reduce risk may include but are not limited to:
• Air intakes located away from high volume roadways and/or truck loading zones; and
• Heating, ventilation, and air conditioning systems of the buildings provided with appropriately
sized maximum efficiency rating value (MERV) filters (e.g., MERV 12 or better).
• Buffering sensitive uses away from emission sources.
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5.2 Cultural Resources
5.2.1 Significant Effects
Section 5.3, Cultural Resources, of the DEIR identified that because future site-specific development
pursuant to the Specific Plan could involve grading and excavation to greater depths than was previously
undertaken, it could disturb buried archaeological resources.
5.2.2 Findings
Finding 2: The City hereby makes Finding 2 that "changes or alterations have been required in, or
incorporated into, the project that mitigate or avoid the significant effects on the environment" Mitigation
Measure CUL -1 is included to reduce the potential for archaeological resources to be impacted during
earthmoving activities and provides for preservation of any identified resources. With implementation of
this mitigation measure, impacts related to a substantial adverse change in the significance of an
archaeological resource would be less than significant.
5.2.3 Facts in Support of Findings
PPP CUL -1 and PPP CUL -2 would ensure that development projects pursuant to the Specific Plan would
comply with the City's regulations related to potentially historic resources. Mitigation Measure CUL -1 would
ensure that there would be no impacts related to archaeological resources. Therefore, impacts related to
archaeological resources would be less than significant with implementation of Mitigation Measure CUL -l.
This mitigation measure would also reduce cumulatively considerable impacts to a less than significant
level.
Plans, Program and Policies (PPPs) and Standard Conditions
PPP CUL -1: The.City of Tustin Cultural Resources District Residential/Commercial Design Guidelines shall
apply to all projects within the Specific Plan area.
PPP CUL -2: The Certificate of Appropriateness process applies to all projects within the Specific Plan,
when appropriate, as outlined in Tustin City Code, Article 9, Chapter 2, Part 5, Section 9252.
Mitigation Measure
Mitigation Measure CUL -1: Prior to issuance of a grading permit for grading of 2 feet or more in depth
below the natural or existing grade, the applicant/developer shall provide written evidence to the City
Planning Division that a qualified archaeologist has been retained by the applicant/developer to respond
on an as -needed basis to address unanticipated archaeological discoveries and any archaeological
requirements (e.g., conditions of approval) that are applicable to the project. The applicant/developer is
encouraged to conduct a field meeting prior to the start of construction activity with all construction
supervisors to train staff to identify potential archaeological resources. In the event that archaeological
materials are encountered during ground -disturbing activities, work in the immediate vicinity of the
resource shall cease until a qualified archaeologist has assessed the discovery and appropriate treatment
pursuant to CEQA Guidelines Section 15064.5 is determined.
If discovered archaeological resources are found to be significant, the archaeologist shall determine, in
consultation with the City and any local Native American groups expressing interest following notification
by the City, appropriate avoidance measures or other appropriate mitigation. Per CEQA Guidelines
Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to
archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section
15126.4(b)(3)(C), if it is demonstrated that confirmed resources cannot be avoided, the qualified
archaeologist shall develop additional treatment measures, such as data recovery, reburial/relocation,
deposit at a local museum that accepts such resources or other appropriate measures, in consultation with
the implementing agency and any local Native American representatives expressing interest in prehistoric
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or tribal resources. If an archaeological site does not qualify as an historical resource but meets the criteria
for a unique archaeological resource as defined in Section 21083.2, then the site shall be treated in
accordance with the provisions of Section 21083.2.
If discovered materials are found not to be significant archaeological resources, but may be considered a
Tribal Cultural Resource or objects with cultural value to a California Native American tribe, the
archeologist shall contact representatives of Gabrieleno Band of Mission Indians — Kizh Nation to assess
the discovery and develop appropriate avoidance measures, data recovery, reburial/relocation, or other
appropriate mitigation.
5.3 Noise
5.3.1 Significant Effects
Section 5.6, Noise of the DEIR identified that Specific Plan development project construction activities would
exceed the distinctly perceptible vibration standard of 0.04 in/sec PPV at receiver locations within 25 feet
of large bulldozers or jackhammers, if used during construction. In addition, construction noise could result in
temporary and intermittent noise level increases of up to 19.8 dBA Leq at sensitive receptors.
5.3.2 Findings
Finding 2: The City hereby makes Finding 2 that "changes or alterations have been required in, or
incorporated into, the project that mitigate or avoid the significant effects on the environment" Mitigation
Measure NOI-1 is included to reduce the potential for vibration impacts to occur during construction
activities. Mitigation Measure NOI-2 is included to require measures such as noise barriers, using sound
dampening mats or blankets on engine compartments of heavy mobile equipment, and limiting haul trips
during construction. With implementation of these mitigation measures, impacts related to groundborne
vibration and temporary and periodic increase in ambient noise from construction activity would be less
than significant.
5.3.3 Facts in Support of Findings
Construction activities would exceed the distinctly perceptible vibration standard of 0.04 in/sec PPV at
receiver locations within 25 feet of large bulldozers or jackhammers, if used during construction. Therefore,
- Mitigation Measure NOI-1 would be implemented to generally prohibit the use of construction equipment
-that generates high levels of vibration within 25 feet of sensitive land uses. If construction within 25 feet of
sensitive land uses requires the use of equipment with high levels of vibration, Mitigation Measure NOI-1
would require a site-specific analysis to ensure that vibration does not exceed Caltrans thresholds. With
implementation of Mitigation Measure NOI-1, construction impacts related to groundborne vibration would
be less than significant.
Construction could also result in temporary and intermittent noise level increases of up to 19.8 dBA Leq at
sensitive receptors, which would exceed the 12 dBA Leq increase threshold. Therefore, Mitigation Measure
NOI-2 requires measures such as noise barriers, using sound dampening mats or blankets on engine
compartments of heavy mobile equipment, and limiting haul trips, which are capable of achieving a
minimum of 10 dBA of attenuation to reduce impacts to below the 12 dBA Leq threshold and, reduce
impacts to a less than significant level.
Plans, Program and Policies (PPPs) and Standard Conditions
PPP NOI-1: Development projects are required to meet or exceed the 65 dBA CNEL exterior noise level
standard, as defined by Table N-3 of the City of Tustin General Plan Noise Element, and the 45 dBA
CNEL interior noise level standard of the City of Tustin General Plan Noise Element, and by Title 24, Part
2, of the California Building Code.
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PPP N0I4: Construction plans shall include a note that construction activities shall only occur between the
hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. Saturdays; with no
activity allowed on Sundays and Federal holidays, unless permitted outside of those limitations in the case
of urgent necessity or upon a finding that such approval will not adversely impact adjacent properties and
the health, safety and welfare of the community if a temporary exception is granted, pursuant to Article 4,
Chapter 6, Section 4617 of the Tustin City Code.
Mitigation Measures
Mitigation Measure NOW: Prior to approval of a demolition permit, grading plans, and/or issuance of
building permits for construction activities within 25 feet of existing residential structures or occupied noise
sensitive uses that require the use of large bulldozers, large loaded trucks, jackhammers, pile drivers,
and/or caisson drills, the City of Tustin Building Division shall ensure that construction plans and
specifications state that the use of such vibratory equipment shall be prohibited within 25 feet of existing
residential structures or occupied noise sensitive uses. Instead, small rubber -tired bulldozers shall be used
within this area during demolition and/or grading operations to reduce vibration effects. If the use of
large bulldozers, large loaded trucks, jackhammers, pile drivers, and/or caisson drills is necessary within
25 feet of existing residential structures or occupied noise sensitive uses, a site-specific analysis shall be
prepared and submitted to the City of Tustin demonstrating that construction activity would not result in
vibration at sensitive receptors that is more than the Caltrans thresholds for annoyance (0.04 in/sec PPV at
receiver locations) and damage (per the Transportation and Construction Vibration Guidance Manual,
September 2013, Tables 19 & 20 by building type).
Mitigation Measure NOI-2: Prior to approval of grading plans, the City of Tustin Building Division shall
ensure that plans include the following measures to reduce construction related noise:
• Construction contractors shall equip all construction equipment, fixed or mobile, with properly
operating and maintained mufflers, consistent with manufacturers' standards, and all stationary
construction equipment shall be placed so that emitted noise is directed away from the noise -
sensitive use nearest the construction activity.
• The construction contractor shall locate equipment staging in areas that will create the greatest
distance between construction -related noise sources and noise -sensitive receiver nearest to the
construction activity.
• The construction contractor -shall limit haul truck deliveries to the some hours specified for
construction equipment by TCC Article 4, Chapter 6, Section 4617. The contractor shall design
delivery routes to minimize the exposure of sensitive land uses to delivery truck noise.
• If construction activity within 27 feet of occupied noise sensitive uses is proposed, the construction
contractor shall ensure that construction noise levels at nearby sensitive land uses do not exceed 85
dBA Leq, and that construction -related noise level increases are less than 12 dBA Leq above the
existing ambient noise levels, by implementing one or more of the following methods:
1. Install temporary construction noise barriers within the line of site of occupied sensitive uses
for the duration of construction activities that could generate noise exceeding 85 dBA Leq.
The noise control barrier(s) must provide a solid face from top to bottom and shall:
a. Provide a minimum transmission loss of 20 dBA and be constructed with an acoustical
blanket (e.g. vinyl acoustic curtains or quilted blankets) attached to the construction
site perimeter fence or equivalent temporary fence posts;
b. Be maintained and any damage promptly repaired. Gaps, holes, or weaknesses in
the barrier or openings between the barrier and the ground shall be promptly
repaired; and
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c. Be removed and the site appropriately restored upon the conclusion of the
construction activity.
2. Install sound dampening mats or blankets to the engine compartments of heavy mobile
equipment (e.g. graders, dozers, heavy trucks). The dampening materials must be capable
of a minimum 5-d BA noise reduction, must be installed prior to the use of heavy mobile
construction equipment, and must remain installed for the duration of the equipment use.
5.4 Recreation
5.4.1 Significant Effects
Section 5.8, Recreation, of the DEIR identified that because residential development within the Specific Plan
area may not be subject to the Quimby Act or the parkland dedication or in lieu fee payment
requirements in the subdivision provisions of the Tustin City Code, future development projects could
cumulatively contribute to the parkland deficiency identified in the City's General Plan.
5.4.2 Findings
Finding 2: The City hereby makes Finding 2 that "changes or alterations have been required in, or
incorporated into, the project that mitigate or avoid the significant effects on the environment" PPP REC-1
and Mitigation Measure REC-1 are included to reduce the potential impacts to recreation from buildout of
the Specific Plan. With implementation of this PPP and mitigation measure, impacts related to recreation
would be less than significant.
5.4.3 Facts in Support of Findings
Because future residential development within the Specific Plan area may not be subject to the Quimby Act
or the parkland dedication or in lieu fee payment requirements in the subdivision provisions of the Tustin
City Code, future development projects could cumulatively contribute to the parkland deficiency identified
in the City's General Plan. Mitigation Measure REC-1 requires new residential dwelling units within the
Specific Plan area that would not be subject to Tustin City Code Article 9, Chapter 3, Part 3, Section
9331(d) (Parkland Dedication) pay the parkland dedication and development fee provisions set forth in
the Tustin City Code. Implementation of the Tustin City Code and Mitigation Measure REC-1 would result in
fees that will be used to acquire land for and/or construct park and recreational facilities to serve future
residents of the Specific Plan area and fully mitigate potential significant impacts to a less than significant
level.
Plans, Program and Policies (PPPs) and Standard Conditions
PPP-REC-1: Prior to the approval of the final map for subdivisions under the Specific Plan, applicants shall
comply with the City of Tustin Subdivision Code (Article 9, Chapter 3, Part 3, Section 9331 of the Tustin
City Code). Developers may dedicate land or pay a fee in lieu or a combination of both. The value of
the amount of such fee shall be based upon the fair market value of the amount of land which would
otherwise be required for dedication. Dedication of land may be required by the City for a condominium,
stock cooperative, or community apartment project which exceeds 50 dwelling units.
Mitigation Measure
Mitigation Measure REC-1: For residential projects not subject to City of Tustin Subdivision Code (Article 9,
Chapter 3, Part 3, Section 9331 of the Tustin City Code), applicants shall pay a parkland development
fee to the City of Tustin prior to the issuance of building permits. The value of the amount of such fee shall
be based upon the fair market value of the amount of land which would otherwise be required for
dedication.
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5.5 Transportation and Circulation
5.5.1 Significant Effects
Section 5.9, Transportation and Circulation, of the DEIR identified that in the 2035 With Project With
Transfers condition, the implementation of the 25 percent dwelling unit allowable increase transfer within
each DA conditions in the horizon year (2035), the intersection of Newport Avenue at EI Camino Real
located in the City of Tustin, would operate at an unacceptable LOS.
5.5.2 Findings
Finding 2: The City hereby makes Finding 2 that "changes or alterations have been required in, or
incorporated into, the project that mitigate or avoid the significant effects on the environment" Mitigation
Measure TR -2 is included to reduce the impact at the intersection of Newport Avenue at EI Camino Real in
the horizon year (2035). With implementation of this mitigation measure, traffic impacts at this intersection
would be less than significant.
5.5.3 Facts in Support of Findings
Mitigation Measure TR -2 would improve the intersection of Newport Avenue at EI Camino Real through
restriping of the eastbound through lane to a shared through/right-turn lane so the eastbound approach
would consist of one left -turn lane, one shared through/right-turn lane, and one right -turn lane.
Implementation of Mitigation Measure TR -2 would reduce the traffic impact to a less than significant level.
Mitigation Measure
Mitigation Measure TR -2: The City of Tustin shall monitor the intersection operation at Newport Avenue
and EI Camino Real as development applications are received and shall provide the following
improvements, or equivalent, once the intersection LOS becomes deficient: Restripe the eastbound through
lane to a shared through/right-turn lane so the eastbound approach would consist of one left -turn lane,
one shared through/right-turn lane, and one right -turn lane.
5.6 Tribal Cultural Resources
5.6.1 Significant Effects
Section 5.10, Tribal Cultural Resources, of the DEIR identified that although no resources were identified in
the Specific Plan area, the Specific Plan could involve excavation to greater depths than previously
undertaken that could disturb unknown buried tribal cultural resources, including shells, funerary objects,
-and human remains due to pervious use of the area as a traditional trade route.
5.6.2 Findings
Finding 2: The City hereby makes Finding 2 that "changes or alterations have been required in, or
incorporated into, the project that mitigate or avoid the significant effects on the environment." Mitigation
Measure CUL -1 is included to reduce the potential for tribal cultural resources to be impacted during
earthmoving activities and provides for the preservation and/or collection of identifiable resources. With
implementation of this mitigation measure, potential impacts related to tribal cultural resources would be
less than significant.
5.6.3 Facts in Support of Findings
Mitigation Measure CUL -1 would ensure that there would be no impacts related to tribal cultural resources.
Therefore, impacts related to tribal cultural resources would be less than significant with implementation of
Mitigation Measure CUL -1. This mitigation measure would also reduce cumulatively considerable impacts to
a less than significant level.
Mitigation Measure
Mitigation Measure CUL -1: Listed previously in Section 5.2.3.
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6 EFFECTS DETERMINED NOT TO BE SIGNIFICANT
The Specific Plan was found to have either no impact or a less -than -significant impact on the following
environmental issue areas, as determined in Section 5.0, Environmental Impact Analysis, of the DEIR or the
Initial Study (Appendices A of the DEIR).
6.1 Aesthetics
The project will not substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway. As described in the Initial Study, the
project area does not include scenic vistas and is not located within a state scenic highway. Therefore,
impacts related to damage scenic vistas or scenic resources within a state scenic highway would not occur.
As described in Section 3.1, Aesthetics of the DEIR, implementation of the Specific Plan would not degrade
the character of the area or surrounding lands. Rather, the development standards and design criteria
included in the Specific Plan would ensure that development projects would enhance the character of the
area. Therefore, impacts related to the visual character or quality of the Specific Plan area and its
surroundings would be less than significant.
Implementation of the Specific Plan would increase overall nighttime lighting and could increase glare
because new lighting would accompany all new development. However, the requirements of Article 9,
Chapter2, Part 7, Section 9271 hh(b) of the TCC related to lighting and shielding of light sources limit the
potential for increased lighting on sensitive uses. With compliance with the TCC, which is checked by the
City through the building plan check and project permitting process, impacts related to increased sources
of light and glare would be less than significant.
Similarly, regarding cumulative aesthetic impacts, with implementation of the existing City regulations and
the Specific Plan's Development Standards and Design Criteria, the development that would occur by the
implementation of the Specific Plan would not result in a cumulatively considerable contribution to aesthetic
impacts. Thus, the cumulative effects of development from the Specific Plan in combination with cumulative
projects would be less than significant.
6.2 Agriculture and Forest Resources
As described in the Initial Study, the Specific Plan area is completely urbanized and void of any
agricultural uses or native open space. There is no farmland of any importance, Williamson Act contracts,
or timberland within the planning area. Thus, no impacts to any of these resources could occur.
6.3 Air Quality
As described in the Initial Study, the Specific Plan does not support the types of uses associated with
-objectionable odors. Thus, no impact related to objectionable odors affecting a substantial number of
people would occur.
As described in Section 5.2, Air Quality, of the DEIR, with operation of buildout of the Specific Plan, the
highest average daily trips would not be high enough to generate a CO "hot spot" per the 2003
SCAQMD AQMP hot spot study. Therefore, impacts related to CO "hot spots" from operation of the
Specific Plan would be less than significant.
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6.4 Biological Resources
As described in the Initial Study, the Specific Plan area is completely urbanized and void of any sensitive
biological. resources and not within an HCP or NCCP area. Due to the lack of habitat supporting sensitive
species in the Specific Plan area, no impacts to sensitive species or their habitat would occur from
implementation of the Specific Plan. Similarly, the Specific Plan area does not include riparian or wetland
areas; thus, no impacts would occur. Furthermore, the City of Tustin does not have any local policies or
ordinances established for the protection of biological resources or tree preservation; hence, no impacts
would result.
6.5 Cultural Resources
As described in the Initial Study, paleontological resources are not anticipated to be located within the
Specific Plan area and impacts related to paleontological resources would be less than significant. The
Initial Study also determined that it is unlikely that human remains would be identified during
implementation of the Specific Plan. However, in the unlikely event that human remains are uncovered,
compliance with Section 7050.5 of the California Health and Safety Code and Section 5097.98 of the
California Public Resources Code, would ensure that impacts are less than significant.
Also, as described in Section 5.3, Cultural Resources, of the DEIR, adherence to TCC Article 9, Chapter 2,
Part 5, Section 9252, and Certificate of Appropriateness procedures, would address unidentified,
potential historical resources (buildings, structures, and features aged 50 years and older) and would
ensure preservation of historic resources as new development within the Specific Plan area occurs. Thus,
impacts related to historic resources would be less than significant.
Regarding cumulative impacts, the Specific Plan development requirements and special use restrictions
include provisions related to preservation of historic resources. In addition, projects within the Specific Plan
area are required to adhere to the CRD Residential and Commercial Design Guidelines and other existing
City regulations, which would avoid both project level and cumulatively considerable impacts to historic
resources.
6.6 Geology and Soils
As described in the Initial Study, the specific Plan area is not located within an Alquist-Priolo fault zone,
landslide prone area, or implementing septic tanks. Thus, no impacts related to these issues would occur.
The Specific Plan area is subject to seismic ground shaking, as it is located within southern California, and
could also be subject to liquefaction or ground failure during seismic events. However, pursuant to
regulations of the California Building Code (CBC) as included in the City's municipal code would reduce
impacts related to seismic shaking to a less than significant level. Similarly, should expansive soils be
located within the Specific Plan area, compliance with the CBC as implemented through the City's
permitting process would reduce impacts to a less than significarit level. In addition, development in the
City is subject to SCAQMD Rule A03 (Fugitive Dust) to prevent loss of soil. Additionally, water erosion
would be prevented through the City's standard erosion control practices. Thus, impacts related to loss of
topsoil will be less than significant with implementation of existing regulations.
6.7 Hazards and Hazardous Materials
As described in the Initial Study, routine control measures and best management practices for hazardous
materials storage, application, waste disposal, accident prevention and clean-up as required by state and
federal regulationswillbe implemented to ensure that project activities do not unduly expose people or
the environment to a significant hazard. No property within the Specific Plan area is identified on the
Cortese List that includes hazardous waste and substance sites; thus, impacts to this issue area would not
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occur. The Specific Plan area is not within the vicinity of an airport, private airstrip, or wildland fire hazard
area; thus, impacts to this issue area would also not occur. Furthermore, the Specific Plan would not include
features that could physically impact rescue and evacuation efforts. Hence, impacts related to hazards and
hazardous materials would be less than significant with compliance with existing federal, state, and local
regulations.
6.8 Hydrology and Water Quality
As described in the Initial Study, development within the Planning Area will be subject to the provisions of
the National Pollution Discharge Elimination System (NPDES) to protect water quality and a Storm Water
Pollution Prevention Plan (SWPPP) and a Water Quality Management Pian (WQMP), which specify best
management practices (BMPs) pursuant to regulations would reduce impacts related to water quality,
stormwater runoff, erosion, and drainage to a less than significant level. The Specific Plan area is not
located within a 100 -year flood zone; thus, impacts related to flooding would not occur. Similarly, impacts
related to seiche, tsunami, or mudflow would not occur because these hazards do not exist in the planning
area. The Initial Study also determined that flooding from dam inundation would be less than significant.
6.9 Land Use and Planning
As described in the Initial Study, the Specific Plan does not propose any land use or zoning changes that
could result in the long-term division of any community. Additionally, the Specific Plan is not within an
Habitat Conservation Plan (HCP) or Natural Community Conservation Plan (NCCP) area. Thus, impacts to
these issue areas would not occur from implementation of the Specific Plan.
As described in DEIR Section 5.5, Land Use and Planning, the Specific Plan would be consistent with
applicable regional and local goals and policies that are intended to avoid or mitigate adverse
environmental effects; including the: SCAG Regional Transportation Plan/Sustainable Communities
Strategy, Orange County Sustainable Communities Strategy, City of Tustin General Plan, and Zoning
Code. Thus, impacts related to conflict with plans, policies, and regulations would not occur.
6.10 Mineral Resources
As described in the Initial Study, the Specific Plan area is designated as Mineral Resource Zone (MRZ) 3
and the City is completely urbanized with no capability or permission for mineral extraction activities.
Additionally, the General Plan does not identify any locally important mineral resources within the City.
Thus, no impact to state, regional, or local mineral resources could occur.
6.11 Noise
As described in the Initial Study, the Specific Plan area is not within the vicinity of an airport or private
airstrip; thus, impacts to this issue area would not occur. As described in DEIR Section 5.6, Noise, the
Specific Plan would be in compliance with the City's construction related noise standards, and impacts
related to construction noise standards would be less than significant. The City also requires a noise
- analysis based on site-specific architectural floor plans and elevations for each Specific Plan development,
which would ensure that operational impacts related to noise standards would not occur.
Regarding traffic generated noise, the DEIR identified that the increase in ambient noise from traffic at
build out of the Specific Plan would be less than significant for both project level and cumulative conditions.
The DEIR also identified that operation of new commercial and office uses within the Specific Plan area
could include heavy trucks transportation of goods. However, delivery truck vibration at nearby sensitive
receptors would be less than the vibration threshold of 0.08 in/sec PPV for fragile historic buildings and
0.04 in/sec PPV for human annoyance, and therefore, would be less than significant. Furthermore, with
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compliance to existing regulations, impacts related to noise from the Specific Plan would be less than
cumulatively considerable, and less than significant.
6.12 Population and Housing
As described in the Initial Study, the Specific Plan does not include any provisions that would remove
housing or people in the Planning Area. Thus, no impact could occur. As determined in DEIR Section 5.7,
Population and Housing, the residential development that would occur by the Specific Plan would help to
meet housing demands from projected employment growth in the City while maintaining a healthy vacancy
rate. Implementation of the Specific Plan would assist to balance the need for additional housing related
to employment growth and to improve the future jobs -to -housing balance. Thus, impacts related to
population and housing would be less than significant. In addition, the Specific Plan provides a land use
plan for accommodating a portion of the SCAG projected employment increase, and therefore, would be
less than significant.
6.13 Public Services
The Specific Plan area is within the existing service areas of the Orange County Fire Authority (OCFA), the
Tustin Police Department, Tustin Unified School District, and the Tustin Library, which is part of the Orange
County Public Library system. The public service facilities that serve the Specific Plan area would not need
to be expanded to serve the project buildout. Thus, impacts related to public services would be less than
significant.
6.14 Transportation and Traffic
As described in the Initial Study, the project is not located within the imaginary surfaces or influence area
of any airport where height restrictions are in place to avoid obstruction of air traffic routes. Thus, no
impact to air traffic patterns would occur. The Specific Plan does not include any street alignments or
roadway configurations that could result in hazardous traffic conditions. In addition, the Specific Plan
would not include features that could hinder emergency access or evacuation efforts. Thus, impacts related
to these traffic topics would be less than significant.
As described in DEIR Section 5.9, Transportation and Circulation, Implementation of the Specific Plan would
include improvements to the circulation network to create "complete streets" in which the roadway design
gives pedestrians and bicyclists greater emphasis and vehicles less dominance. In addition, it would
improve pedestrian mobility and provide shelters to promote the use of transit facilities. Therefore,
implementation of the project would not conflict with adopted policies, plans, or programs regarding
public transit, bicycle, or pedestrian facilities.
6.15 Utilities and Service Systems
As described in the Initial Study, and previously in Section 6.8, Hydrology and Water Quality, the project
would be implemented in compliance with the existing regional stormwater regulations, which would bring
additional runoff volumes to a less than significant level. Additionally, drainage facilities would not be
required to be expanded to serve the Specific Plan area at build out. The Initial Study also determined
that the regional landfills would be able to accommodate the solid waste that would be generated by the
project, and that impacts related to compliance to solid waste regulations would not occur.
As identified in DEIR Section 5.1 1, Utilities and Service Systems, the land uses by the Specific Plan include
retail, residential, office, and mixed-use would be typical municipal wastewater discharges and are not
the type of uses that generate wastewater that contains harmful levels of toxins that are regulated by the
Santa Ana RWQCB and that would cause the Orange County Sanitation District OCSD to exceed
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wastewater treatment requirements. Therefore, the Specific Plan would result in less than significant
impacts related to the wastewater treatment requirements of the RWQCB.
In addition, construction of any needed wastewater or water system improvements as part of future site-
specific development projects under the Specific Plan would generally occur from project sites to existing
connection points in roadway rights-of-way and would be required to comply with all Tustin City Code
standards and measures regarding construction noise, air quality and dust suppression, erosion control
(through the required SWPPP), and temporary construction traffic controls. These requirements would
ensure that construction related impacts remain less than significant.
The existing OCSD wastewater treatment facilities would be available to accommodate the increase in
wastewater flow from buildout of the Specific Plan (0.44 mgd), which represents 0.16 percent of the
remaining treatment plant capacity. As a result, impacts related to wastewater treatment plant capacity
would not occur. Similarly, impacts related to cumulative projects and sewer infrastructure and wastewater
treatment and conveyance capacity would be less than significant.
Regarding water supply, build out and full occupancy of the Specific Plan would generate a demand of
483.2 AFY of water, which would be within the City's anticipated increase in demand and supply; thus,
buildout of the Specific Plan would be served from existing entitlements and new or expanded water
entitlements would not be needed. Therefore, implementation of the Specific Plan would result in a less
than significant impact related to water supplies. In addition, the City's UWMP provides projections for
water supply and demand through 2035 and shows that in "Multiple Dry Water Years" (three-year)
conditions with anticipated growth in the City, the City would be able to meet water demand. Furthermore,
all development is required to meet water conservation goals including a 20 percent reduction in per
capita demand statewide by 2020. As a result, cumulative impacts would also be less than significant.
6.16 Energy
As described in DEIR Section 5.12, Energy, the Specific Plan would involve energy consumption quantities
that are typical for urban infill development, and no operational activities or land uses would occur that
would result in extraordinary energy consumption. Specific Plan development projects would be required
to meet Title 24 energy efficiency standards. The Specific Plan would also improve existing pedestrian
and bicycle routes, access to transit, and would locate residences in an urban environment close to job
opportunities and services, which generally results in a reduction of vehicle miles travelled from
development within the Specific Plan area and would, in -turn reduce vehicular related energy use. Thus,
the Specific Plan would not use large amounts of energy or fuel in a wasteful manner, and impacts would
be less than significant. Similarly, cumulative impacts would also be less than significant.
6.17 Growth Inducing
The DEIR Section 5.13, Mandatory Findings, determined that the Specific Plan would result in an
improvement in the jobs -housing ratio, which is a benefit of the Specific Plan because a more balanced
jobs -to -housing ratio could improve the environment by reducing vehicle miles traveled and emissions from
motor vehicles. Also, the Specific Plan would accommodate forecasted employment growth consistent with
SCAG's regional forecasts. Thus, impacts related to increased growth through the provision of employment
opportunities or stimulation of economic activities would be less than significant.
Regarding the provision of infrastructure that could be growth inducing, the Specific Plan consists of infill
- and redevelopment of existing uses, not development in undeveloped areas, or extension of infrastructure
into an unserved, or underserved area that could result in growth. Because the anticipated infrastructure
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improvements would not provide an extension of service to areas that are currently not served, or provide
excess capacity, infrastructure improvements would not result in significant growth inducing impacts.
7 FINDINGS REGARDING ALTERNATIVES
7.1 Alternatives Considered but Rejected
Alternative Site: Alternative sites were not selected for evaluation because the primary purpose of the
Specific Plan is to guide redevelopment of the downtown area by introducing residential and mixed use,
and proposing circulation improvements for vehicles, pedestrians, bicyclists, and transit users. Since all of
the project objectives are related to Tustin's downtown area, none of these objectives could be met in
another location.
7.2 Alternatives Selected for Further Analysis
In accordance with CEQA Guidelines Section 15126.6, "An EIR shall describe a range of reasonable
alternatives to the project ..." including the "No Project" alternative. The following alternatives have been
determined to represent a reasonable range of alternatives to supplement the access alternatives
presented in the DEIR. The alternatives presented have been determined to be physically feasible and
have the potential to avoid or substantially lessen one or more of the significant effects of the project.
7.2.1 Alternative 1: No Project/ Buildout of Existing Zoning Alternative
Description: This alternative allows decision makers to compare the impacts of approving the project with
the impacts of not approving the project. Under this alternative, the Specific Plan would not be developed.
In accordance with the CEQA Guidelines, the No Project/ Buildout of Existing Zoning Alternative will be the
continuation of the existing plan, policy or operation into the future when the project is the revision of an
existing land use or regulatory plan, policy or ongoing operation. Section 15 1 26.6(e)(3)(A) of the CEQA
Guidelines states that, "typically this is a situation where other projects initiated under the existing plan will
continue while the new plan is developed."
Environmental Effects: The No Project/Buildout of Existing Zoning Alternative would eliminate the
significant and unavoidable impacts related to air quality and greenhouse gas that would occur from
-implementation of the Specific Plan. However, the significant and unavoidable impacts related to traffic
would remain. In addition, this alterative would require the same mitigation to ensure less than significant
impacts related to noise, archaeological, tribal cultural, and historic resources.
Ability to Achieve Project Objectives: The No Project/Buildout of Existing Zoning Alternative would not
achieve most of the project objectives, including Objective 1, 3, 4, 6, 7. Development of the Specific Plan
area under this alternative would partially achieve Objective 2, (draw more patrons and expand
walkability through enhanced pedestrian -oriented commercial first floor development) if commercial uses
are developed pursuant to the existing General Plan and zoning, but to a lesser extent than the proposed
Specific Plan due to the absence of mixed uses. Compliance with the City's Cultural Resources District
Commercial Design Guidelines would also achieve Objective 5 (differentiate Old Town Tustin by
embracing its unique historic downtown character).
Finding: The No Project/Buildout of Existing Zoning Alternative would eliminate the significant and
unavoidable impacts related to air quality and greenhouse gas that would occur from implementation of
the Specific Plan. However, the significant and unavoidable, Impacts related to traffic would remain, and
the alternative would not achieve most of the project objectives, including Objective 1, 3, 4, 6, 7.
City of Tustin 29
Findings and Facts April 2018
Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
7.2.2 Alternative 2: Reduced Intensity Alternative
Description: Under this alternative, a 25 percent reduction in the number of proposed dwelling units would
be developed (222 fewer dwelling units). The proposed Specific Plan would allow for development of up
to 887 dwelling units and 300,000 square feet of non-residential development through the year 2035.
Under this alternative, a maximum of 665 dwelling units (including the approved Vintage Planned
Community which allows 140 multi -family dwelling units) would be assumed developed. This alternative
would allow for up to a 25 percent shift of housing units between DAs, as provided by the project. This
alternative includes all of the circulation and streetscape improvements that are proposed by the project
and assumes development of 300,000 square feet of non-residential space from buildout of areas that
are currently designated for non-residential development.
Environmental Effects: The Reduced Intensity Alternative would reduce impacts related to the project;
however, the volume of air quality and GHG emissions from construction activities and operational
vehicular emissions generated by the Reduced Intensity Alternative would exceed thresholds and would
remain significant and unavoidable. In addition, due to the existing roadway conditions at the intersection
of Newport Avenue at 1-5 northbound on-ramp and the inability of the City to implement an improvement
at an intersection that is under the jurisdiction of Caltrans, traffic impacts would remain significant and
unavoidable. Therefore, although the volume of impacts would be less by the Reduced Intensity Alternative
in comparison to the proposed Specific Plan, the Reduced Intensity Alternative would not eliminate any of
the significant and unavoidable impacts that would result from buildout of the proposed Specific Plan.
Ability to Achieve Project Objectives: Implementation of the Reduced Intensity Alternative would achieve
most of the project objectives, including Objective 1, 2, 4, 6, 7, but to a lesser extent than would be
achieved by the proposed Specific Plan. With 25 percent (222) fewer dwelling units potentially
developed under this alternative compared to the proposed Specific Plan, this alternative would not fully
achieve the vision of the Specific Plan. The Reduced Intensity Alternative also would not meet Objective 3,
that is, to introduce a sufficient level of high:quality, integrated residential mixed use, and focused multi-
family development to invigorate Old Town Tustin. Compliance with the City's Cultural Resources District
Commercial Design Guidelines would achieve Objective 5 (differentiate Old Town Tustin by embracing its
unique historic downtown character).
Finding: Although the volume of impacts would be less by the Reduced Intensity Alternative in comparison
to the proposed Specific Plan, -the Reduced Intensity Alternative would not eliminate any of the significant
and unavoidable impacts that would result from buildout of the proposed Specific Plan. In addition, this
alternative would not fully achieve the objectives of the Specific Plan and would not meet Objective 3,
which is, to introduce a sufficient level of high-quality, integrated residential mixed use, and focused multi-
family development to invigorate Old Town Tustin.
7.2.3 Alternative 3: Limited Increase in Development Alternative
Description: Under this alternative, a 50 percent reduction in the number of dwelling units would be
developed. The proposed Specific Plan would allow for development of up to 887 dwelling units and
300,000 square feet of non-residential development through the year 2035. Under this alternative, a
maximum of 444 dwelling units would be assumed developed (including the approved Vintage Planned
Community which allows 140 multi -family dwelling units). This alternative would allow for a 25 percent
shift of housing units between DAs, as provided by the project. This alternative includes all of the circulation
and streetscape improvements that are proposed by the project and assumes development of 300,000
square feet of non-residential space from buildout of areas that are currently designated for non-
residential development.
City of Tustin 30
Findings and Facts April 2018
Downtown Commercial Core Specific Plan Findings and Facts in Support of Findings
Environmental Effects: The Limited Increase in Development Alternative would reduce the number of
dwelling units at buildout of the Specific Plan area by 50 percent, which would reduce the impacts related
to the project. However, the volume of air quality and GHG emissions from construction activities and
operational vehicular emissions generated by the Limited Increase in Development Alternative would
exceed thresholds and would remain significant and unavoidable. Although operational emissions of CO
are anticipated to be less than significant under this alternative, emissions of ROG and NOx would remain
significant after implementation of mitigation measures. In addition, due to the existing roadway conditions
at the intersection of Newport Avenue at 1-5 northbound on-ramp and the inability of the City to implement
an improvement at an intersection that is under the jurisdiction of Caltrans, traffic impacts would remain
significant and unavoidable.
Ability to Achieve Project Objectives: Implementation of the Limited Increase in Development Alternative
would achieve Objectives 1, 2, 4, 6, and 7, but at a much lesser extent than would be achieved by the
proposed Specific Plan. Compliance with the City's Cultural Resources District Commercial Design
Guidelines would also achieve Objective 5 (differentiate Old Town Tustin by embracing its unique historic
downtown character). The Limited Increase in Development Alternative would not meet Objective 3, to
introduce a sufficient level of high-quality, integrated residential mixed use, and focused multifamily
development to invigorate Old Town Tustin. Additionally, the 50 percent fewer dwelling units that would
be developed under this alternative, compared to the proposed Specific Plan, would not fully achieve the
vision of the Specific Plan.
Finding: Although the volume of impacts would be less under the Limited Increase in Development
Alternative in comparison to the proposed Specific Plan, the Limited Increase in Development Alternative
would not eliminate the significant and unavoidable impacts related to air quality, greenhouse gas
emissions, and traffic. In addition, the Limited Increase in Development Alternative would not meet
Objective 3, and the 50 percent fewer dwelling units that would be developed under this alternative
would not fully achieve the objectives of the Specific Plan.
7.3 Environmentally Superior Alternative
The Environmentally Superior Alternative for the Specific Plan would be Alternative 1, the No Project/No
Build Alternative. No substantially significant and long-term impacts would occur to the environment as a
result of this No Project/ Buildout of Existing Zoning Alternative. However, CEQA Guidelines Section
15126.6(3)(1) states that if the environmentally superior alternative is the "no project" alternative, the EIR
shall also identify an environmentally superior alternative among the other alternatives.
CEQA does not require the lead agency (City of Tustin) to choose the environmentally superior alternative.
Instead CEQA requires the City to consider environmentally superior alternatives, weigh those
considerations against the environmental impacts of the proposed project, and make findings that the
benefits of those considerations outweigh the harm.
The Environmentally Superior Alternative among the other alternatives is Alternative 3, Limited Increase in
Development Alternative, which would provide a 50 percent reduction in the number of dwelling units that
would be developed upon buildout of the proposed Specific Plan. Therefore, overall impacts would be less
than the proposed Specific Plan. However, as described previously, the Limited Increase in Development
Alternative would not eliminate the overall significant and unavoidable impacts that would result from
buildout of the proposed Specific Plan. In addition, the Limited Increase in Development Alternative would
not meet some of the project objectives to the same extent as the proposed project. The Limited Increase in
Development Alternative would provide for a walkable and bikeable environment that is accessible to
City of Tustin 31
Findings and Facts April 2018
Downtown Commercial Core Specific Plan
and Facts in Support of
fewer residents than the proposed Specific Plan but would not fully achieve the vision of the Specific Plan
area as a mixed-use, environment for residents and employees.
City of Tustin _ 32
Findings and Facts April 2018
EXHIBIT 3
STATEMENT OF OVERRIDING CONSIDERATIONS
FOR THE FINAL EIR
Statement of Overriding Considerations
for the Final Environmental Impact Report for the Tustin Downtown Commercial Core Specific Plan
Tustin, California
STATE CLEARINGHOUSE NO. 2016081004
Introduction
The City of Tustin is the Lead Agency under the California Environmental Quality Act (CEQA) responsible
for preparation, review and certification of the Final Environmental Impact Report (FEIR) for the Downtown
Commercial Core Specific Plan project. As the Lead Agency, the City is also responsible for determining
the potential environmental impacts of the proposed action and which of those impacts are significant and
can be mitigated through imposition of mitigation measures to avoid or minimize those impacts to a level of
less than significant. CEQA then requires the Lead Agency to balance the benefits of a proposed action
against its significant unavoidable adverse environmental impacts in determining whether or not to
approve the proposed project (project). In making this determination, the City is guided by CEQA
Guidelines Section 15093 which provides as follows:
15093. Statement of Overriding Considerations.
a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social,
technological, or other benefits including region -wide or statewide environmental benefits, of a
proposed project against its unavoidable environmental risks when determining whether to
approve the project. If the specific economic, legal, social, technological or other benefits
including region -wide or statewide environmental benefits of a proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects may be
considered "acceptable."
b) When the lead agency approves a project which will result in the occurrence of significant effects
which are identified in the FEIR but are not avoided or substantially lessened, the agency shall
state in writing the specific reasons to support its action based on the FEIR and/or other
information in the record. The statement of overriding considerations shall be supported by
substantial evidence in the record.
c) If an agency makes a statement of overriding considerations, the statement should be included in
the record of- the -project approval and should be mentioned in the notice of determination. This
statement does not substitute for, and shall be in addition to, findings required pursuant to Section
15091.
In addition, Public Resources Code Section 21081(b) requires that where a public agency finds that
specific economic, legal, social, technological or other considerations, including considerations for the
provision of employment opportunities for highly trained workers, make infeasible the mitigation measures
or alternatives identified in an Environmental Impact Report (EIR) and thereby leave significant
unavoidable effects, the public agency must also find that overriding economic, legal, social, technological
or other benefits of the project outweigh the significant effects of the project.
Pursuant to Public Resources Code Section 21081(b) and the CEQA Guidelines Section 15093, the City has
balanced the benefits of the project against the following unavoidable adverse impacts associated with
the project and has adopted all feasible mitigation measures with respect to these impacts. The City also
has examined alternatives to the project, most of which do not meet the project objectives and some of
which are environmentally preferable to the proposed project for the reasons discussed in the Findings and
Facts in Support of Findings.
City of Tustin 1
Statement of Overriding Considerations April 2018
The City of Tustin, the Lead Agency for this project, having reviewed the FEIR for the Downtown
Commercial Core Specific Plan project and reviewed all written materials within the City's public record
and heard all oral testimony presented at public hearings, adopts this Statement of Overriding
Considerations, which has balanced the benefits of the proposed Specific Plan project against its
significant unavoidable adverse environmental impacts in reaching its decision to approve the project.
Significant Unavoidable Adverse Environmental Impacts
Although most potential project impacts have been substantially avoided or mitigated, as described in the
Findings and Facts in Support of Findings, there remain 3 project impacts for which complete mitigation is
not feasible. Even with implementation of the measures, the City finds that these 3 impacts cannot be
reduced to a level of less than significant. The impacts and alternatives are described below and were
also addressed in the Findings.
The FEIR identified the following unavoidable adverse impacts of the proposed project.
Air Quality
Due to the uncertainty of the timing and methods of construction activities related to Specific Plan
development projects, a significant impact could occur related to construction emissions of reactive organic
gases (ROGs) and nitrogen oxide (NOx), with implementation of South Coast Air Quality Management
District (SCAQMD) Rules and mitigation measures. In addition, operation of the Specific Plan would result in
exceedance of the applicable SCAQMD thresholds for ROGs, NOx, and carbon oxide (CO) after
implementation of mitigation. Therefore, emissions generated from implementation of the Specific Plan
would be significant and unavoidable.
Also, per SCAQMD's methodology, if an individual project results in air emissions of criteria pollutants
(including ROG, CO, NOx, sulfur oxides [SOx], particulate matter less than 10 micrometers in aerodynamic
diameter [PMio], and particulate matter less than 2.5 micrometers in aerodynamic diameter [PM2.51) that
exceed the SCAQMD's thresholds for project -specific impacts, then it would also result, in a cumulatively
considerable net increase of these criteria pollutants for which the region is in non -attainment under an
applicable federal or state ambient air quality standard.
Emissions from construction of projects pursuant to the Specific Plan would exceed SCAQMD's threshold for
ROGs and NOx after implementation of SCAQMD Rules and mitigation measures. In addition, emissions
from buildout of the Specific Plan would exceed the applicable SCAQMD thresholds for ROGs, NOx, and
CO after implementation of mitigation. Therefore, operational -source emissions from implementation of the
Specific Plan would be cumulatively considerable, and cumulative air quality impacts would be significant
and unavoidable.
Greenhouse Gas Emissions
The greenhouse gas (GHG) emissions that would be generated from the increase in population and the
resulting vehicular trips and use of electricity, water, and fuels from construction and operation of the
Specific Plan at buildout would be in excess of both the SCAQMD screening threshold and 2035 efficiency
level threshold. Mitigation Measures are included to require Specific Plan development projects to be
designed to achieve a 5 percent efficiency beyond the incumbent California Building Code Title 24
requirements, and to be designed to reduce water usage by a minimum of 30 percent when compared to
baseline water demand. However, even with implementation of these mitigation measures the GHG
emissions generated by the Specific Plan would remain significant and unavoidable. Additionally, GHG
emissions impacts are assessed in a cumulative context, since no single project can cause a discernible
change to climate. Thus, the contribution of the Specific Plan to significant cumulative GHG impacts is
significant and unavoidable and cumulatively considerable.
City of Tustin 2
Statement of Overriding Considerations April 2018
Transportation and Circulation
Build out of the Specific Plan would result in traffic impacts at an intersection that is under Caltrans
jurisdiction, and the City does not have the authority to provide mitigation at this location. Therefore, the
impact at this intersection is considered significant and unavoidable. In addition, the impacts of the
Specific Plan and the anticipated cumulative development would result in an impact at a 1-5 northbound
on-ramp, which is under the jurisdiction of Caltrans. The addition of traffic from the Specific Plan would be
cumulatively considerable due to the existing conditions. The City of Tustin cannot guarantee installation of
a traffic signal that is in a location under Caltrans jurisdiction. Therefore, traffic impacts would be
cumulatively significant and unavoidable.
Alternatives
The Draft Environmental Impact Report (DEIR) evaluated three Project Alternatives including the No
Project/Buildout of Existing Zoning Alternative, Reduced Intensity Alternative, and Limited Increase in
Development Alternative. While the No Project/Buildout of Existing Zoning Alternative would avoid most of
the significant and unavoidable impacts of the project, the significant and unavoidable impacts related to
traffic would remain, and it would not achieve most of the project objectives.
The Reduced Intensity Alternative would reduce the volume of impacts in comparison to the proposed
project; however, the alternative would not eliminate any of the significant and unavoidable impacts that
would result from buildout of the proposed Specific Plan. Additionally, the alternative would not meet the
project objectives to the same extent as the project and would not meet Objective 3, which is, to introduce
a sufficient level of high-quality, integrated residential mixed use, and focused multi -family development
to invigorate Old Town Tustin.
The Limited Increase in Development Alternative would reduce the volume of impacts but would not
eliminate the significant and unavoidable impacts related to air quality, greenhouse gas emissions, and
traffic. In addition, the Limited Increase in Development Alternative would not meet Objective 3, and the
50 percent fewer dwelling units that would be developed under this alternative would not fully achieve the
objectives of the Specific Plan.
Overriding Considerations
The City, after. balancing the specific _economic, legal, social, technological and other benefits, including
region -wide or statewide environmental benefits of the Downtown Commercial Core Specific Plan project,
has determined that the unavoidable adverse environmental impacts identified above may be considered
acceptable due to the following specific considerations which outweigh the unavoidable, adverse
environmental impacts of the proposed project, in accordance with Public Resources Code Section
21081(b) and CEQA Guidelines Section 15093. Each of the benefits identified below provides a separate
and independent basis for overriding the significant environmental effects of the project. The benefits of
the project is as follows:
1. Accommodates new housing in the Specific Plan area resulting in a beneficial impact related to the
balance of jobs and housing.
2. Provides a land use plan that accommodates a portion of the Southern California Association of
Governments (SCAG) projected employment increase and provides additional opportunities for
the City to meet its Regional Housing Needs Assessment goals.
3. Provides an economic engine to invigorate business within the downtown area by locating
residential in close proximity to downtown businesses.
4. Creates new temporary construction and full-time jobs in the City of Tustin.
City of Tustin _ 3
Statement of Overriding Considerations April 2018
5. Encourages downtown living by placing residents in close proximity to services, jobs, and public
transportation.
b. Reduces regional vehicle miles traveled by placing residents in close proximity to services, jobs,
and public transportation, thereby having a beneficial traffic impact on the State Highway
System.
7. Creates additional integrated public spaces to serve existing and future residents and visitors.
8. Improved circulation in the Specific Plan area while also creating pedestrian -oriented streets.
9. Results in beneficial mix of residential, commercial, institutional, recreation and open space uses
providing significant housing, recreational, and public services benefits of local and regional
significance, as well as various public infrastructure improvements.
10. Provides for an economically viable downtown, thereby ensuring the long-term maintenance and
preservation of the historically significant structures and the historic district.
City of Tustin 4
Statement of Overriding Considerations April 2018
EXHIBIT 4
WATER SUPPLY ASSESSMENT
(APPENDIX F OF THE FINAL EIR)
Downtown Commercial Core Specific Plan
APPENDIX F: WATER SUPPLY MEMO
City of Tustin
Draft EIR
February 2018
Appendices
Downtown Commercial Core Specific Plan
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City of Tustin
Draft EIR
February 2018
Inter -Com
DATE: SEPTEMBER 2017
TO: LUCY YEAGER, PLANNING CONSULTANT
FROM: ART VALENZUELA, WATER SERVICES MANAGER
TUSTIN
BUILDING OUR FUTURE
SUBJECT: DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN HONORING OUR PAST
WATER SUPPLY ANALYSIS
Per your request, our staff has reviewed the City's 2015 Urban Water Management Plan and
the City's master planning documents in relation to the existing and planned uses in the
Downtown Commercial Core Specific Plan area. The proposed project would add 887
dwelling units and 300,000 sf of non-residential uses to this existing baseline development
over a long-term basis. It is estimated that this would result in approximately 2,696 residents
and 840 new employees at build out and full occupancy.
Urban Water Management Plan
The City of Tustin Water Services Department provides potable water service to the Specific
Plan area. The City receives its water from two main sources; 74 percent is local well water
from the Lower Santa Ana River Groundwater basin (OC Basin), which is managed by the
Orange County Water District (OCWD); and 26 percent is imported water from the Municipal
Water District of Orange County (MWDOC) through East Orange County Water District
(EOCWD). MWDOC is Orange County's wholesale supplier and is a member agency of the
Metropolitan Water District of Southern California (Metropolitan)'.
The City has eight untreated or "clear" groundwater wells that pump directly into the
distribution system and two treatment facilities that treat groundwater from five additional
wells. Elevations in the City's service area are approximately 210 feet above mean sea level
(msl). The water system is divided into three pressure zones. The existing storage system
consists of six reservoirs with a combined storage capacity of approximately 13.83 million
gallons (MG).
The Urban Water Management Plan was updated in 2015 and identifies water demand
through year 2040 and the available water supply. The City water use per capita per day in
2015 was 122 gallons; in 2015, the City delivered 11,113 acre-feet (AF) of water. The City's
2015 Urban Water Management Plan estimates that water demands will grow to 12,221 AF
by 2035, which will be met by an increase in groundwater pumping and a reduction in reliance
1 As the regional wholesale supplier for much of Orange County, MWDOC works in collaboration with each of its
retail agencies as well as Metropolitan, its wholesaler, to develop demand projections for imported water.
on imported supplies (UWMP 2015).
The reliability of water sources is addressed in Chapter 3, Water Sources and Supply
Reliability of the 2015 Urban Water Management Plan. As described, the City's groundwater
comes from the OC Basin, which is not adjudicated; however, each year, OCWD sets a Basin
Production Percentage (BPP) that targets the amount of groundwater to be produced from
the basin during the year, which is based on a percentage of the City's total water demands.
As detailed in the 2015 Urban Water Management Plan, groundwater levels are managed
within a safe basin operating range to protect the long-term sustainability of the OC Basin
and to protect against land subsidence.
Regarding imported supply, the City currently has a minimum available imported water supply
of 12,401 AFY from MWDOC; however, it only utilizes 2,914 AFY annually from imported
water supplies2. Thus, ample imported water supplies are available to meet the City's
demands.
Based on the City's water use per day in 2015 of 122 gallons per capita, the Specific Plan's
estimated 2,696 residents and 840 employees would generate an additional water demand
of 431,392 gallons per day or 483.2 acre-feet per year (AFY) compared to existing
conditions.
As described in detail in Chapter 3, Water Sources and Supply Reliability of the 2015 Urban
Water Management Plan, the City's water demand and supply is estimated to grow from
11,113 AFY to 12,221 AFY by 2035, which is an increase of 1,108 AFY for normal year. At
buildout and full occupancy of the proposed Specific Plan, the project would generate a
demand of 483.2 AFY, which would be within the anticipated increase in demand and supply
of water assumed in the Urban Water Management Plan for 2035.
Buildout of the proposed Specific Plan would be served from existing entitlements and new
or expanded water entitlements would not be needed due to diversified supply and
- - conservation measures. The City is capable of meeting all customers' demands within its
service area through the purchase of imported water, pumping local groundwater supplies,
and implementation of conservation measures (UWMP 2015). Furthermore, the City's water
supply is reliable, and is addressed in the UWMP Chapter 3, Water Sources and Supply
Reliability, its water shortage plan is addressed in Chapter 5, Water Shortage Contingency
Plan.
As -demonstrated by the City's 2015 Urban Water Management Plan, the proposed water
demands from build out of the Specific Plan falls within the assumptions made for growth and
needed water supply through 2035, and sufficient water supply exists to serve the proposed
uses identified in the Downtown Commercial Core Specific Plan.
'As shown in UWMP Table 5-2, Retail: Minimum Supply Next Three Years.
EXHIBIT 5
MITIGATION MONITORING AND REPORTING PROGRAM
(CHAPTER 4 OF THE FINAL EIR)
Downtown Commercial Core Speck Plan 4. Mitigation Monitoring and Reporting Program
Chapter A. Mitigation Monitoring and Reporting
Program
4.1 Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or
carries out a project for which an Environmental Impact Report has been certified which identifies one or
more significant adverse environmental effects and where findings with respect to changes or alterations in
the project have been made, to adopt a "...reporting or monitoring program for the changes to the
project which it has adopted or made a condition of project approval in order to mitigate or avoid
significant effects on the environment" (CEQA, Public Resources Code Sections 21081, 21081.6).
A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation
measures are successfully implemented for the Downtown Commercial Core Specific Plan project (project).
The City of Tustin is the Lead Agency for the project and is responsible for implementation of the MMRP.
This report describes the MMRP for the project and identifies the parties that will be responsible for
monitoring implementation of the individual mitigation measures in the MMRP.
4.2 Mitigation Monitoring and Reporting Program
The MMRP for the project will be active through all phases of the project, including design, construction,
and _operation. The project_ will be developed in phases and may include permits required for
implementation of project components identified in Section 3.8 of the Draft EIR. There are mitigation
measures that must be continuously implemented throughout the development and operation of the project.
The attached table identifies the mitigation program required to be implemented by the City for the Tustin
Downtown Commercial Core Specific Plan project. The table identifies the Standard Conditions; Plan,
Program, Policies (PPPs); and mitigation measures required by the City to mitigate or avoid significant
adverse impacts associated with the implementation of the project, the timing of implementation, and the
responsible party or parties for monitoring compliance.
The MMRP also includes a column that will be used by the compliance monitor (individual responsible for
monitoring compliance) to document when implementation of the measure is completed. As individual Plan,
Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the
MMRP, indicating that the required actions have been completed.
City of Tustin 4-1
Final EIR
May 2018
Colony Commerce Center East Specific Plan 4, Mitigation Monitoring and Reporting Program
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City of Ontario 2-2
Final EIR
May 2018
Downtown Commercial Core Specific Plan
TABLE 4-1: MITIGATION MONITORING AND REPORTING PROGRAM
DOWNTOWN COMMERCIAL CORE SPECIFIC PLAN EIR
4. Mitigation Monitoring and Reporting Program
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
r a
Plan, Program, or Policy PPP — AQ -1: Development projects shall comply
During Construction
City of Tustin Building
with the following South Coast Air Quality District Rules:
Division
• Rule 401: Visible Emissions. The project shall not discharge into the
atmosphere from any single source of emission whatsoever any air
contaminant for a period or periods aggregating more than three
minutes in any 1 hour that is as dark or darker in shade as that
designated No. 1 on the Ringelmann Chart, as published by the United
States Bureau of Mines.
• Rule 402: Nuisance. The project shall not discharge from any source
whatsoever such quantities of air contaminants or other material that
cause injury, detriment, nuisance, or annoyance to any considerable
number of persons or to the public, or that endanger the comfort,
repose, health, or safety of any such persons or the public, or that
cause, or have a natural tendency to cause, injury or damage to
business or property. The provisions of this rule do not apply to odors
emanating from agricultural operations necessary for the growing of
crops or the raising of fowl or animals.
• Rule 403: Fugitive Dust. The project construction contractor shall
implement dust suppression techniques that may include, but are not
limited to, the following:
o Apply nontoxic chemical soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously graded
areas inactive for 10 days or more).
o Water active sites at least three times daily. Locations where
grading is to occur shall be thoroughly watered prior to
earthmoving.
o Cover all trucks hauling dirt, sand, soil, or other loose materials, or
maintain at least 0.6 meters 2 feet of freeboard verticals ace
City of Tustin 4-3
Final EIR
May 2018
Downtown Commercial Core Speck Plan
4. Mitigation Monitoring and Reporting Program
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
between the top of the load and top of the trailer) in accordance
with the requirements of California Vehicle Code Section 23114.
o Reduce traffic speeds on all unpaved roads to 15 miles per hour
(mph) or less.
o Suspend all grading activities when wind speeds (including
instantaneous wind gusts) exceed 25 mph.
o Provide bumper strips or similar best management practices where
vehicles enter and exit the construction site onto paved roads or
wash off trucks and any equipment leaving the site each trip.
o Replant disturbed areas as soon as practical.
o Sweep onsite streets (and offsite streets if silt is carried to adjacent
public thoroughfares) to reduce the amount of particulate matter on
public streets. All sweepers shall be compliant with SCAQMD Rule
1186. 1, Less Polluting Sweepers.
• Rule 481: Spray Coating. The project construction contractor shall not
use or operate any spray painting or spray coating equipment unless
one of the following conditions is met:
o The spray coating equipment is operated inside a control enclosure,
which is approved by the Executive Officer. Any control enclosure
for which an application for permit for new construction, alteration,
or change of ownership or location is submitted after the date of
adoption of this rule shall be exhausted only through filters at a
design face velocity not less than 100 feet per minute nor greater
than 300 feet per minute, or through a water wash system
designed to be equally effective for the purpose of air pollution
control.
o Coatings are applied with high-volume low-pressure, electrostatic
and/or airless spray equipment.
o An alternative method of coating application or control is used
which has effectiveness equal to or greater than the equipment
specified in the rule.
• Rule 1113: Architectural Coatings. The project construction contractor
shall not apply or solicit the application of any architectural coating
within the SCAQMD with VOC content in excess of the values specified
in a table incorporated in the Rule. A list of low no-VOC paints is
City of Tustin 4-4
Final EIR
May 2018
Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
City of Tustin 4-5
Final EIR
May 2018
Responsible for
Ensuring Compliance /
Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Verification
Initials
provided at the following SCAQMD website:
www.agmd.goy/prdas/brochures/paintguide.html. All paints will be
applied using either high volume low-pressure spray equipment or by
hand application.
• Rule 1143: Paint Thinners and Solvents. This rule regulates the VOC
content of solvents used during construction. Solvents used during the
construction phase must comply with this rule.
Mitigation Measure AQ -1: Tier 3. The construction plans and specifications
Prior to Grading or
City of Tustin Building
shall state that project construction that utilizes construction equipment
Building Permits
Division
greater than 150 horsepower (>150 HP) shall comply with EPA/GARB Tier
3 emissions standards during all construction phases and shall ensure that all
construction equipment be tuned and maintained in accordance with the
manufacturer's specifications.
Mitigation Measure AQ -2: Low VOC. The construction plans and
Prior to Grading or
City of Tustin Building
specifications shall state that project construction shall utilize "Super-
Building Permits
Division
Compliant" low VOC paints which have been reformulated to exceed the
regulatory VOC limits put forth by SCAQMD's Rule 1 113. Super -Compliant
low VOC paints shall be no more than 1Og/L of VOC. Alternatively, the
applicant/developer may utilize valid construction techniques that do not
require the use of architectural coatings.
Mitigation Measure AQ -3: Electricity The construction plans and
Prior to Grading or
City of Tustin Building
specifications shall state that contractors shall use the electricity infrastructure
Building Permits
Division
surrounding the construction site, if available, rather than electrical
generators powered by internal combustion engines.
Mitigation Measure AQ -4: Alternative Technology. The construction plans
Prior to Grading or
City of Tustin Building
and specifications shall state that contractors shall use alternative fueled,
Building Permits
Division
engine retrofit technology, after -treatment products (e.g., diesel oxidation
catalysts, diesel particulate filters), and/or other options as they become
available, including all off-road and portable diesel -powered equipment.
City of Tustin 4-5
Final EIR
May 2018
Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
City of Tustin 4-6
Final EIR
May 2018
Responsible for
Ensuring Compliance /
Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Verification
Initials
Mitigation Measure AQ -5: Equipment Maintenance. Construction plans and
Prior to Grading or
City of Tustin Building
specifications shall state that construction equipment be maintained in good
Building Permits
Division
operating condition to reduce emissions. The construction contractor shall
ensure that all construction equipment is being properly serviced and
maintained as per the manufacturer's specification. Maintenance records
shall be available at the construction site for City verification.
Mitigation Measure AQ-6:Construction Vehicle Management Plan, For
Prior to Grading or
City of Tustin Building
projects requiring construction vehicles, construction plans and specifications
Building Permits
Division
shall state that the applicant/developer and/or building operators shall
prepare and maintain a construction vehicle management plan, to be made
available upon request to the City of Tustin Building Division, denoting the
proposed schedule and projected equipment use. The construction vehicle
management plan shall include, as a minimum: idling time requirements;
requiring hour meters on equipment; documenting the serial number,
horsepower, age, emissions ratings, and fuel of all onsite equipment. The
plan shall state that California state law requires equipment fleets to limit
idling to no more than 5 minutes, and that low emission vehicles will be used.
If low emission mobile construction equipment is not used, construction
contractor shall provide evidence in the construction vehicle management
plan that their use was investigated and found to be infeasible. Contractors
shall also conform to any construction measures imposed by the South Coast
Air Quality Management District as well as the City of Tustin.
Mitigation Measure AQ -7: Energy Usage Calculations. Prior to the issuance
Prior to Building Permit
City of Tustin Building
of building permits for new development projects requiring design review,
Division
project applicants/developers shall submit plans certifying that the
proposed development is designed to achieve 5 percent efficiency beyond
the 2016 California Building Code Title 24 requirements to the satisfaction
of the City of Tustin Building Division. Example of measures that reduce
energy consumption include, but are not limited to, the following (it being
understood that the items listed below are not all required and merely
present examples; the list is not all-inclusive and other features that reduce
energy consumption also are acceptable):
City of Tustin 4-6
Final EIR
May 2018
Downtown Commercial Core Speck Plan
4. Mitigation Monitoring and Reporting Program
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
• Increase in insulation such that heat transfer and thermal bridging is
minimized;
• Limit air leakage through the structure and/or within the heating and
cooling distribution system;
• Use of energy-efficient space heating and cooling equipment;
• Installation of electrical hook-ups at loading dock areas;
• Installation of dual -paned or other energy efficient windows;
• Use of interior and exterior energy efficient lighting that exceeds the
2016 California Title 24 Energy Efficiency performance standards;
• Installation of automatic devices to turn off lights where they are not
needed;
• Application of a paint and surface color palette that emphasizes light and
off-white colors that reflect heat away from buildings;
• Design of buildings with "cool roofs' using products certified by the Cool
Roof Rating Council, and/or exposed roof surfaces using light and off-
white colors;
• Design of buildings to accommodate photo -voltaic solar electricity systems
or the installation of photo -voltaic solar electricity systems; and
• Installation of ENERGY STAR -qualified energy-efficient appliances,
heating and cooling systems, office equipment, and/or lighting products.
Mitigation Measure AQ -8: Enhanced Water Conservation. Prior to the
Prior to Building Permit
City of Tustin Building
issuance of building permits for new development projects requiring design
Division
review, project applicants/developers shall certify that the project is
designed to reduce water usage by a minimum of 30 percent when
compared to baseline water demand (total expected water demand without
implementation of the Water Conservation Strategy). Projects shall also
implement the following:
• Landscaping palette emphasizing drought tolerant plants;
City of Tustin 4-7
Final EIR
May 2018
Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
City of Tustin 4-8
Final EIR
May 2018
Responsible for
Ensuring Compliance /
Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Verification
Initials
• Use of water -efficient irrigation techniques; and
• U.S. Environmental Protection Agency (EPA) Certified WaterSense labeled
or equivalent faucets, high -efficiency toilets (HETs), and water -conserving
shower heads.
The above measures reduce water consumption, but it is understood that the
list is not all-inclusive and other features that reduce water consumption also
are acceptable.
Mitigation Measure AQ -9: Localized Emissions. Prior to issuance of a
Prior to Grading Permit
City of Tustin Building
grading permit for new development projects that are' one acre or larger,
Division
the applicant/developer shall provide modeling of the regional and the
localized emissions (NOx, CO, PM1o, and PM2.5) associated with the
maximum daily grading activities for the proposed development. If the
modeling shows that emissions would exceed the SCAQMD's significance
thresholds for those emissions, the maximum daily grading activities of the
proposed development shall be limited to the extent that could occur without
resulting in emissions in excess of SCAQMD's significance thresholds for those
emissions.
Mitigation Measure AQ -10: Toxic Air Contaminants: Development
Prior to Design Review
City of Tustin Planning
proposals for new residential and other sensitive land use projects (e.g.,
approval
Division
nursing homes, day care centers) in the Specific Plan area within 500 feet of
major sources of toxic air contaminants ((e.g., Interstate 5, and roadways
with traffic volumes over 100,000 vehicles per day), as measured from the
property line of the project to the property line of the source/edge of the
nearest travel lane, shall submit a health risk assessment (HRA) to the City of
Tustin Planning Division prior to design review approval. The HRA shall be
prepared in accordance with policies and procedures of the SCAQMD. If
the HRA shows that the incremental cancer risk exceeds ten in one million
(10E-06), PM10 concentrations exceed 2.5 pg/m3, PM2s concentrations
exceed 2.5 pg/m3, or the appropriate nonconcer hazard index exceeds
1.0, the project applicant/developer shall be required to submit an HRA
that demonstrates and certifies that mitigation measures are capable of
reducing potential cancer and non -cancer risks to an acceptable level (i.e.,
below ten in one million or a hazard index of 1.0), including appropriate
City of Tustin 4-8
Final EIR
May 2018
Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
City of Tustin 4-9
Final EIR
May 2018
Responsible for
Ensuring Compliance /
Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Verification
Initials
enforcement mechanisms. Measures to reduce risk may include but are not
limited to:
• Air intakes located away from high volume roadways and/or truck
loading zones; and
• Heating, ventilation, and air conditioning systems of the buildings
provided with appropriately sized maximum efficiency rating value
(MERV) filters (e.g., MERV 12 or better).
• Buffering sensitive uses away from emission sources.
;CULTURAL RESOURCES,,
Plan, Program, or Policy PPP CUL -1: The City of Tustin Cultural Resources
Prior to Design Review
City of Tustin Planning
District Residential/Commercial Design Guidelines shall apply to all projects
approval
Division
within the Specific Plan area.
Plan, Program, or Policy PPP CUL -2: The Certificate of Appropriateness
Prior to Design Review
City of Tustin Planning
process applies to all projects, when appropriate, within the Specific Plan,
approval
Division
as outlined in Tustin City Code, Article 9, Chapter 2, Part 5, Section 9252.
Mitigation Measure CUL -1: Prior to issuance of a grading permit for
Prior to Grading Permit
City of Tustin Planning
grading of 2 feet or more in depth below the natural or existing grade, the
Division
applicant/developer shall provide written evidence to the City Planning
Division that a qualified archaeologist has been retained by the
applicant/developer to respond on an as -needed basis to address
unanticipated archaeological discoveries and any archaeological
requirements (e.g., conditions of approval) that are applicable to the
project. The applicant/developer is encouraged to conduct a field meeting
prior to the start of construction activity with all construction supervisors to
train staff to identify potential archaeological resources. In the event that
archaeological materials are encountered during ground -disturbing
activities, work in the immediate vicinity of the resource shall cease until a
qualified archaeologist has assessed the discovery and appropriate
City of Tustin 4-9
Final EIR
May 2018
Downtown Commercial Core Speck Plan 4. Mitigation Monitoring and Reporting Program
City of Tustin 4-10
Final EIR
May 2018
Responsible for
Ensuring Compliance /
Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Verification
Initials
treatment pursuant to CEQA Guidelines Section 15064.5 is determined.
If discovered archaeological resources are found to be significant, the
archaeologist shall determine, in consultation with the City and any local
Native American groups expressing interest following notification by the
City, appropriate avoidance measures or other appropriate mitigation. Per
CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the
preferred means to avoid impacts to archaeological resources qualifying as
historical resources. Consistent with CEQA Guidelines Section
15126.4(b)(3)(C), if it is demonstrated that confirmed resources cannot be
avoided, the qualified archaeologist shall develop additional treatment
measures, such as data recovery, reburial/relocation, deposit at a local
museum that accepts such resources or other appropriate measures, in
consultation with the implementing agency and any local Native American
representatives expressing interest in prehistoric or tribal resources. If an
archaeological site does not qualify as an historical resource but meets the
criteria for a unique archaeological resource as defined in Section 21083.2,
then the site shall be treated in accordance with the provisions of Section
21083.2.
If discovered materials are found not to be significant archaeological
resources but may be considered a Tribal Cultural Resource or objects with
cultural value to a California Native American tribe, the archeologist shall
contact representatives of Gabrieleno Band of Mission Indians — Kizh Nation
to assess the discovery and develop appropriate avoidance measures, data
recovery, reburial/relocation, or other appropriate mitigation.
li
i'
GREENHOUSE GAS nkM�&
.x.� .,.� .. r ��
Plan, Program, or Policy PPP AQ -1: Listed. previously under Air Quality
During Construction
City of Tustin Building
Division
Mitigation Measure AQ -7: Listed previously under Air Quality
Prior to Building Permit
City of Tustin Building
Division
City of Tustin 4-10
Final EIR
May 2018
Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
City of Tustin 4-1 1
Final EIR
May 2018
Responsible for
Ensuring Compliance
Date Completed and
Standard Condition/ Plan, Program, Policy / Mitigation Measure
Timing
Verification
Initials
Mitigation Measure ACI -8: Listed previously under Air Quality
Prior to Building Permit
City of Tustin Building
Division
NOISE
Plan, Program, or Policy PPP NOW: Development projects are required to
Prior to Building Permit
City of Tustin Building
meet or exceed the 65 dBA CNEL exterior noise level standard, as defined
Division
by Table N-3 of the City of Tustin General Plan Noise Element, and the 45
dBA CNEL interior noise level standard of the City of Tustin General Plan
Noise Element, and by Title 24, Pal rt 2, of the California Building Code.
Plan, Program, or Policy PPP NOI-2: Construction plans shall include a note
Prior to Building Permit
City of Tustin Building
that construction activities shall only occur between the hours of 7:00 a.m.
Division
and 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m.
Saturdays; with no activity allowed on Sundays and Federal holidays unless,
permitted outside of those limitations in the case of urgent necessity or upon
a finding that such approval will not adversely impact adjacent properties
and the health, safety and welfare of the community if a temporary
exception is granted, pursuant to Article A, Chapter 6, Section 4617 of the
Tustin City Code.
Mitigation Measure NOW: Prior to approval of a demolition permit,
Prior to demolition
City of Tustin Building
grading plans, and/or issuance of building permits for construction activities
permit, grading plans,
Division
within 25 feet of existing residential structures or occupied noise sensitive
and/or issuance of
uses that require the use of large bulldozers, large loaded trucks,
building permits for
jackhammers, pile drivers, and/or caisson drills, the City of Tustin Building
construction activities
Division shall ensure that construction plans and specifications state that the
within 25 feet of existing
use of such vibratory equipment shall be prohibited within 25 feet of
residential structures or
existing residential structures or occupied noise sensitive uses. Instead, small
occupied noise sensitive
rubber -tired. bulldozers shall be used within this area during demolition
uses.
and/or grading operations to reduce vibration effects. If the use of large
bulldozers, large loaded trucks, Jackhammers, pile drivers, and/or caisson
City of Tustin 4-1 1
Final EIR
May 2018
Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed and
Initials
drills is necessary within 25 feet of existing residential structures or occupied
noise sensitive uses, a site-specific analysis shall be prepared and submitted
to the City of Tustin demonstrating that construction activity would not result
in vibration at sensitive receptors that is more than the Caltrans thresholds
for annoyance (0.04 in/sec PPV at receiver locations) and damage (per the
Transportation and Construction Vibration Guidance Manual, September
2013, Tables 19 & 20 by building type).
Mitigation Measure NOI-2: Prior to approval of grading, plans the City of
Prior to Grading Permit
City of Tustin Building
Tustin Building Division shall ensure that plans include the following measures
Division
to reduce construction related noise:
• Construction contractors shall equip all construction equipment, fixed or
mobile, with properly operating and maintained mufflers, consistent with
manufacturers' standards, and all stationary construction equipment shall
be placed so that emitted noise is directed away from the noise -sensitive
use nearest the construction activity.
• The construction contractor shall locate equipment staging in areas that
will create the greatest distance between construction -related noise
sources and noise -sensitive receiver nearest to the construction activity.
• The construction contractor shall limit haul truck deliveries to the some
hours specified for construction equipment by TCC Article 4, Chapter 6,
Section 4617. The contractor shall design delivery routes to minimize the
exposure of sensitive land uses to delivery truck noise.
• If construction activity within 27 feet of occupied noise sensitive uses is
proposed, the construction contractor shall ensure that construction noise
levels at nearby sensitive land uses do not exceed 85 dBA Leq, and that
construction -related noise level increases are less than 12 dBA Leq above
the existing ambient noise levels, by one or more of the following
methods:
1. Install temporary construction noise barriers within the line of site of
occupied sensitive uses for the duration of construction activities that
could generate noise exceeding 85 dBA Leq. The noise control
City of Tustin 4-12
Final EIR
May 2018
Downtown Commercial Core Speck Plan
4. Mitigation Monitoring and Reporting Program
City of Tustin 4-13
Final EIR
May 2018
Responsible for
Ensuring Compliance /
Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Verification
Initials
barrier(s) must provide a solid face from top to bottom and shall:
a. Provide aminimum transmission loss of 20 dBA and be
constructed with an acoustical blanket (e.g. vinyl acoustic curtains
or quilted blankets) attached to the construction site perimeter
fence or equivalent temporary fence posts;
b. Be maintained and any damage promptly repaired. Gaps,
holes, or weaknesses in the barrier or openings between the
barrier and the ground shall be promptly repaired; and
c. Be removed and the site appropriately restored upon the
conclusion of the construction activity.
2. Install sound dampening mats or blankets to the engine compartments of
heavy mobile equipment (e.g. graders, dozers, heavy trucks). The
dampening materials must be capable of a minimum 5-d BA noise reduction,
must be installed prior to the use of heavy mobile construction equipment,
and must remain installed for the duration of the equipment use.
RECREATION'
m or Policy PPP REC-1: Prior to the approval of the final Plan, Program, y pp nal map
Prior final map approval
City of Tustin Current
for subdivisions under the Specific Plan, applicants shall comply with the City
for subdivisions
Planning Division
of Tustin Subdivision Code (Article 9, Chapter 3, Part 3, Section 9331 of the
Tustin City Code). Developers may dedicate land or pay a fee in lieu or a
combination of both. The value of the amount of such fee shall be based
upon the fair market value of the amount of land which would otherwise be
required for dedication. Dedication of land may be required by the City for
a condominium, stock cooperative, or community apartment project which
exceeds 50 dwelling units.
Mitigation Measure REC-1: For residential projects not subject to Cityof
Prior to Building Permit
City of Tustin Building
Tustin Subdivision Code (Article 9, Chapter 3, Part 3, Section 9331 of the
Division and Current
City of Tustin 4-13
Final EIR
May 2018
Downtown Commercial Core Specific Plan
4. Mitigation Monitoring and Reporting Program
City of Tustin 4-14
Final EIR
May 2018
Responsible for
Ensuring Compliance /
Date Completed and
Standard Condition Plan, Program, Policy Mitigation Measure
Timing
Verification
Initials
Tustin City Code), applicants shall pay a parkland development fee to the
Planning Division
City of Tustin prior to the issuance of building permits. The value of the
amount of such fee shall be based upon the fair market value of the amount
of land which would otherwise be required for dedication.
SPORT` ,. .:
_RAN ATION AND CIRCULATION
k
Mitigation Measure TR -1: The City of Tustin will cooperate with Caltrans
Prior and During
City of Tustin Public Works
when Caltrans moves forward with its planned improvements to the
Caltrans improvements to
Department
intersection of Newport Avenue at the 1-5 northbound on-ramp. Caltrans'
the intersection of
improvements include installation of a traffic signal per the recommendations
Newport Avenue at the
in the Caltrans Final Traffic Operations Report for State Route 55 (1-5 to 1-
1-5 northbound on-ramp
405) Project Approval/Environmental Document (PR/ED) that was published
in October 2015.
Mitigation Measure TR -2: The City of Tustin shall monitor the intersection
As development
City of Tustin Public Works
operation at Newport Avenue and EI Camino Real as development
applications are
Department
applications are received and shall provide the following improvements, or
received
equivalent, once the intersection LOS becomes deficient: Restripe the
eastbound through lane to a shared through/right-turn lane so the
eastbound approach would consist of one left -turn lane, one shared
through/right-turn lane, and one right -turn lane.
CULTURAL RESOURCES
TRIBALjl
f
Mitigation Measure CUL -1: Listed previously under Cultural Resources.
Prior to Grading Permit
City of Tustin Planning
Division
City of Tustin 4-14
Final EIR
May 2018
Downtown Commercial Core Speck Plan
City of Tustin
Final EIR
May 2018
4. Mitigation Monitoring and Reporting Program
4-15