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HomeMy WebLinkAbout04 E.I.R. NO. 573 MCAS 06-04-01AGENDA REPORT MEETING DATE: JUNE 4, 2001 TO: WILLIAM A. HUSTON? CITY MANAGER 690-10 NO. 4 06-04-01 FROM: REDEVELOPMENT AGENCY STAFF SUBJECT: CITY OF TUSTIN RESPONSE TO COUNTY OF ORANGE DRAFT SUPPLEMENTAL ANALYSIS FOR ENVIRONMENTAL IMPACT REPORT NO. 573 PERTAINING TO THE CIVILIAN REUSE CONVERSION OF MCAS EL TORO AND THE AIRPORT SYSTEM MASTER PLAN FOR JOHN WAYNE AIRPORT AND PROPOSED ORANGE COUNTY INTERNATIONAL AIRPORT SUMMARY City Council authorization is requested for the City of Tustin's response to the subject Draft Supplemental Analysis for Environmental Impact Report No. 573 pertaining to the proposed conversion of the former Marine Corps Air Station (MCAS) El Toro to the Orange County International Airport (Attachment 1). RECOMMENDATION It is recommended that the City Council authorize staff to forward the attached draft response to the County of Orange's Notice of Availability of the Draft Supplemental Analysis for Environmental Impact Report No. 573 pertaining to the civilian reuse of Marine Corps Air Station (MCAS) El Toro and the Airport System Master Plan for John Wayne Airport and proposed Orange County International Airport. FISCAL IMPACT There are no fiscal impacts associated with this action. BACKGROUND/DISCUSSION MCAS El Toro is an installation that was officially closed in July 1999 under the Defense Base Closure and Realignment Act of 1990. The County of Orange has been authorized by the Department of Defense to act as the Local Redevelopment Authority (LRA) and is responsible for planning the future civilian reuse of the closing base. On December 11, 1996, the Orange County Board of Supervisors approved a Community Reuse Plan (CRP) which included a full service commercial passenger and cargo airport estimated to serve approximately 38.3 Million Annual Passengers (MAP) surrounded by aviation-compatible land uses. The County had indicated at this time that John Wayne Airport would be closed and William A. Huston Supplemental Analysis, EIR 573 June 4. 2001 Page 2 that the existing aviation activities at JWA would be consolidated at the proposed international airport at MCAS El Toro. This CRP is the only plan formally transmitted to the Department of Defense (DOD) by the County and is currently recognized by the DOD as the only approved Reuse Plan for MCAS El Toro. As part of the Phase II planning process for the MCAS El Toro, the County circulated EIR 573 intended to analyze an airport Master Development Plan selected by the Board of Supervisors as the "Proposed Project". EIR 573 indicated that John Wayne Airport (JWA) would be retained in a general aviation and short and medium-haul passenger role serving approximately 5.4 MAP with MCAS El Toro being converted to "Orange County International" (OCX) airport supporting an international passenger and cargo role serving 28.8 MAP. EIR 573 was circulated for public comment from December 23, 1999, through February 22, 2000. In response to comments received, the County of Orange has now prepared and circulated for comment the subject Supplemental Analysis. The Supplemental Analysis only addresses proposed changes to previous EIR 573 discussions and analysis primarily related to Air Quality, and Transportation, with some discussion provided concerning the project's inconsistency with the City of Irvine's General Plan (for the southerly portion of MCAS El Toro within Irvine's Sphere of Influence). Consequently, only comments addressing the changes discussed in the Supplemental Analysis will be considered by the County of Orange in developing a Final EIR 573. City Departments have reviewed the subject Supplemental Analysis and prepared the attached letter of comment (Attachment 1). Staff requests that the Tustin City Council review and consider these comments and, if acceptable, authorize their formal transmission to the County of Orange. Dana Ogdon Program Manager Attachments: i. Draft comment response letter Attachment 1 DRAFT June 5,2001 County of Orange El Toro Master Development Program Attn: Mr. Bryan Speegle 10 Civic Center Plaza, Second Floor Santa Ana, CA 92702 RE: DRAFT SUPPLEMENTAL ANALYSIS, ENVIRONMENTAL IMPACT REPORT NO. 573, PERTAINING TO THE CIVILIAN REUSE CONVERSION OF MCAS EL TORO AND THE AIRPORT SYSTEM MASTER PLAN FOR JOHN WAYNE AIRPORT AND PROPOSED ORANGE COUNTY INTERNATIONAL AIRPORT Dear Mr. Speegle: Thank you for the opportunity to review and comment on the Draft Supplemental Analysis for Environmental Impact Report (EIR) No. 573 pertaining to the civilian reuse conversion of Marine Corps Air Station (MCAS) El Toro. It is noted that the Draft Supplemental document provides new analyses, however, it does not address many of the issues that were previously raised by the City of Tustin in our correspondence of February 22, 2000 (attached). Our review of the document has identified the following comments and concerns that have not been adequately addressed or responded to: The Draft Supplemental Analysis states with respect to regional air quality that "the Proposed Project would be self-mitigating" because there would be a reduction in regional surface traffic movements due to the shorter trip lengths under the proposed Orange County Airport System. This conclusion makes a generalized assumption that with two commercial airports in Orange County, passengers and cargo will not have to travel to more distant airports in other counties. This logic is flawed because it fails to recognize that many passengers use shuttle and bus services to access regional airports. In addition, passengers may be more likely to drive to LAX and park their vehicles at LAX, whereas they may be more likely to be dropped-off at John Wayne or the proposed Orange County International. When passengers are dropped-off and picked-up at airports, two round trips are required. Because these behaviors and resulting trip patterns are difficult to model, all references to shorter trip lengths, the relevant analysis and the resulting conclusions should be eliminated from the Draft Supplemental Analysis. Mr. Bryan Speegle EIR 573 Draft Supplemental Analysis June 5, 2001 Page 2 Table 4.18-7 on Page 5-72 indicates that 244 jet fuel tank truck trips per day are projected for 2020. This equates to approximately one truck trip every six (6) minutes, twenty-four (24) hours per day. Please indicate where the air quality impacts resulting from emissions generated by the truck delivery of fuel are addressed in the Supplemental Analysis. If the impacts are not addressed, please include an analysis of the impacts on the region. Use of the Norwalk and Santa Fe Pacific Pipelines to eliminate identified impacts should not be assumed in the Supplemental Analysis because pipeline use is within the responsibility and jurisdiction of separate agencies. These agencies may or may not enter into agreements with the County for use of their pipelines. Preparation of the Draft EIR 573 traffic study is generally consistent with regionally accepted methodology. The traffic study is consistent with information utilized for the preparation of the City of Tustin's MCAS Tustin EIS/EIR. The analysis utilizes the OCTAM 2.8 model and OCP 96 socioeconomic data and includes analysis of peak hour and ADT data. The study area encompasses the entire City of Tustin including all major intersections, arterial roadways, and the freeway/tollway systems. The supplemental analyses primarily focus on updates to the freeway/tollway analyses. Questions related to potential impacts of arterials in Tustin were, therefore, not addressed. This would include the intersections of Red Hill Avenue & I-5 NB Ramps, Red Hill Avenue & Irvine Boulevard, Tustin Ranch Road & Irvine Boulevard and Prospect Avenue & Irvine Boulevard. Arterial roadway sections would include Jamboree Road (Tustin Ranch Rd. to Chapman Ave.), Irvine Boulevard (Prospect Ave. to Newport Ave.) and Red Hill (north of Bryan Ave. to El Camino Real). It is possible that identification of additional freeway/tollway impacts could translate to added traffic on the arterial road system, which would result in additional arterial roadway impacts, which were not previously identified nor analyzed in this Supplement. The traffic study includes a project fair share analysis of locations where traffic impacts affect the level of service and capacities of arterial roadways and intersections. The County utilized Intersection Capacity Utilization (ICU) methodology to determine the level of traffic service at arterial intersections within the study area. The ICU methodology has been approved for use in traffic impact studies by OCTA and all Orange County cities and is the accepted methodology used throughout the County of Orange. ICU methodology includes not only the volume of traffic through an intersection at a given time, but also identifies turning Mr. Bryan Speegle EIR 573 Draft Supplemental Analysis June 5, 2001 Page 3 movements and distribution of traffic, which results in identification of critical movements through the intersection. This ultimately determines the level of traffic service for the location. Typically, the ICU methodology is carried throughout a project and used for determining future levels of service, future regional impacts and project fair share of impacts. Distribution patterns and turning movements are determined from traffic models are identified and added to intersections. The ICU is recalculated with the future data resulting in a future level of service value. From this future ICU, project impacts are determined and mitigation measures developed. In the Draft EIR 573, the County utilized the ICU methodology for determining impacts, but then used a different methodology for determining the project share of impacts. The fair share methodology included the addition of future project traffic to intersections without consideration of traffic distribution and turning movements. This results in an understatement of the project share of impacts. The fair share methodology used by the County is typical of a roadway link analysis, but is not appropriate for intersection analysis. In conclusion, the Draft EIR 573 traffic fair share methodology is not consistent with the ICU methodology and therefore, grossly underestimates the project share of improvements. The project fair share calculations (including Figures 5-14, 15-4 and 15-5) must be based on the proportion of the future ICU value due to the project traffic. The fair share methodology used in the DEIR evaluates the relative increase in total intersection volumes without regard as to how increases in traffic volumes are distributed onto critical movements. It is the sum of critical movements, not the sum of total intersection volumes, which determines intersection capacity utilization. The MCAS Tustin EIS/EIR Traffic Study provides a good discussion of appropriate fair share methodology as an example. The Supplemental document does not provide any updated evaluations of the arterial intersections. The City of Tustin concerns regarding the previously proposed "fair share" methodology used at the arterial intersections were, therefore, also not addressed. As a part of these Supplemental freeway/tollway analyses, there are descriptions of the "fair share" calculations used, which are based on traffic volume totals. As was previously expressed by the City of Tustin, total intersection volumes and project related impacts (as defined by the ICU analyses) can be and are, two independent traffic variables. Therefore if impacts are identified through the ICU Mr. Bryan Speegle EIR 573 Draft Supplemental Analysis June 5, 2001 Page 4 analyses and mitigation is based on traffic volumes alone, it is not possible to assure that the impacts have in fact been mitigated. As previously explained, if project traffic is all added to the critical "ICU" movements there would be a 100% contribution toward intersection impacts. A "fair share" based on total traffic volumes alone, however, would "under estimate" the mitigation required and does not relate directly to project impacts. The Supplement indicates the "fair share" complies with a County procedure, but it must more importantly satisfy the requirements of CEQA. In summary, the Supplement does not respond directly to the City of Tustin concerns. It also continues to utilize a "fair share" procedure, which does not serve to fully mitigate project related impacts. o The traffic study fails to identify specific development thresholds that correlate to improvements and timing of their implementation. A project of this magnitude will not be developed all at once. As the project develops there will be traffic generated by the new development. The study needs to identify the time frames when the additional traffic generated by the project will necessitate roadway improvements to accommodate the traffic demands. This would include the development of phasing plan that identifies on-site development thresholds (DU's, S.F., etc) and associated traffic volumes that would be tied to the construction of circulation improvements to accommodate the additional project traffic. The Supplemental analyses did not provide any response or further clarification, with regard to mitigation of arterial roadway impacts in the City of Tustin. The impacted arterial locations are identified in comment "1" and it is possible there could be added locations subject to the freeway/tollway analysis changes. Nevertheless there should be specific roadway improvements (in Tustin) to be completed within specified time frames (in conjunction with the appropriate phases of project development) to assure timely completion of the improvements, necessary to serve the proposed project. 6. The Transportation and Circulation Mitigation Measures need to be modified to include specific verbiage that identifies that construction of improvements within Tustin will be done to the City's standards and satisfaction. The mitigation measures should identify funding mechanisms to fund the project share obligations of improvements. Review of the Supplemental Analysis has revealed that no action appears to have been taken by the County on this matter or response provided to the City's concern. Mr. Bryan Speegle EIR 573 Draft Supplemental Analysis June 5, 2001 Page 5 Again, the City of Tustin's February 22, 2000 comment letter (attached) has not been addressed or responded to as identified above. The City continues to believe that EIR 573 is inadequate and should not be adopted until the aforementioned issues and concerns have been addressed. Thank you again for providing the City with the opportunity to review and comment on the Supplemental Analysis for EIR 573. The City of Tustin is interested in receiving a response to our comments when they become available. Please call me at (714) 573- 3116, if you have any questions regarding this matter. Sincerely, Dana Ogdon Redevelopment Program Manager DO:'~mcas\lt r\speegle8 Attachment CC: William Huston Christine A. Shingleton Elizabeth Binsack Tim Serlet Lois Jeffrey Deborah Rosenthal Community Development Department February 22, 2000 · ~ u . i '""----'~.--" "' ' !'.'i ~ : ]m~FEB2 5 2~ .... m ·. '~ ).! ', · ! L...,-" ? 300 Contennial 'I-, ustin, CA @2?80 714.573.$~ O0 County of Orange MOAS El Toro Master Development Program Attn: Bryan Speegle 10 Civic Center Plaza, Second Floor Santa Ana, CA 92702-4048 SUBJECT: REVIEW OF DRAFT ENVIRONMENTAL IMPACT REPORT NO. 573 FOR THE CIVILIAN REUSE OF MOAS EL TORO AND THE AIRPORT SYSTEM MASTER PLAN FOR JWA AND PROPOSED COX Dear Mr. Speegle: Thank you for the opportunity to provide comments on the Draft Environmental impact Report for the Civilian Reuse of MOAS El Toro and the Airport System Master Plan for John Wayne Airport and Proposed Orange 'County International Airport. The City of Tustin has identified the following comments and concerns: General The document indicates that the County's current plan for John Wayne Airport is to reduce the number of annual passengers from its current level of 8.4 million annual passengers (MAP) to a maximum of 5.4 MAP and to increase the current level of 18 thousand tons of air cargo to 20 thousand tons annually. General aviation aircraft at JWA would not be increased. However, there is no guarantee stated in the document that passenger, cargo and general aviation air traffic would be constrained in perpetuity at that level. Please specifically state that the proposed project would establish an enforceable restriction against increasing air passenger service beyond the proposed 5.4 MAP level against increasing cargo operations beyond the proposed 20 thousand tons, and against increasing general aviation aircraft based at JWA. Draft EIR No. 573 should state that the proposed project would establish an enforceable commitment to limit air passenger service at El Toro to no more than the proposed 28.8 MAP. o Page 1-7, Section 1.6.1 - The No Project Alternative is speculative and not a realistic alternative. The County of Orange currently holds a lease from the military Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 February 22, 2000 Page 2 for the golf course, riding stables, RV storage, Officer's Club and County on-site offices. In addition, the Navy leases out agricultural activities and commissary activities that could also continue to occur in the future, and Navy environmental remediation of the military installation would absolutely continue. Further, federal law mandates that military caretaker operations continue into the future. Please revise and correct all assumptions and conclusions throughout the document regarding the No Project Alternative. Draft EIR No. 573 states that "the principal purpose of the ASMP [Airport System Master Plan] is to provide enhanced commercial airport facilities in Orange County to meet the demand for air service generated within Orange County." However, the discussion in Section 2.2.1 on Aviation Demand focuses on market demand in the six-county Airport Service Area (ASA). Draft EIR No. 573 should analyze the demand for airpo¢~ service in Orange County rather than in the ASA. This analysis should demonstrate if the proposed Orange County Airport System would meet demand generated throughout the ASA or primarily from Orange County, and areas such as southern Los Angeles County and northern San Diego County. Jet Fuel Pipeline 5. According to the Draft EIR, pages 4.10-51 and 4.10-52: "Without modifications to the existing system, the Norwalk Pipeline has capacity to supply the aviation related fuel demands under the Proposed Project until approximately 2008. With pump and pipeline flange upgrades, the Non.,,'alk Pipeline could operate at a flow rate of 1,400 gpm, which would yield a daily fuel supply of two million gallons. This would be adequate to serve OCX until 2020." Although the Draft EIR identifies the use of the Norwalk Pipeline as a mitigation measure, the document fails to describe in detail the nature and extent of the necessary upgrades and the potential environmental impacts of these upgrades on the communities though which the pipeline traverses, such as Tustin. Draft EIR No. 573 should specifically describe the upgrades, the resulting potential environmental impacts and appropriate mitigation measures. The use of the Norwalk Pipeline should be evaluated at the same level of detail as the project. The document should also address how fuel would be supplied after 2020. Because Draft EIR No. 573 is limited to include only feasible mitigation measures, the document should demonstrate that construction of the stated pipeline upgrades is feasible. Furthermore, the potential impacts resulting from the construction of the upgrades should be addressed separately from the potential permanent impacts. Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 February 22, 2000 Pa§e 3 7. 10. 11. The risk of upset assessment on pages 4.18-32 and 4.18-33 should analyze the probability of a pipeline accident and the level of property damage caused by such an accident along the entire length of the Norwalk Pipeline, not just the risks of proposed extension of the pipeline on the MCAS El Toro site. Since flows through the pipeline are anticipated to increase and upgrades will be made, the risks of upset are likely to be greater than that from the pre-existing pipeline used by the U.S. Marine Corps. Even if the pipeline does not need to be expanded or upgraded for the whole length, the facility will carry approximately 20 times the amount of fuel than during military usage. The Draft EIR should analyze the risk of the increased usage and change in fuel type along the entire length of the pipeline. Please indicate in this analysis the relationship (arithmetic, geometric, etc.) between the volume of fuel and the hazard risk. On page 4.18-33, the Draft EIR briefly discusses the number of incidents i.nvolving the release of product from jet fuel pipelines, as listed by the U.S. Department of Transportation, Office df Pipeline Safety. This discussion should be expanded to explain the nature of the incidents (leaks, ruptures, contaminstion, etc.) and the level of property damage caused in each incident. The Draft EIR should also examine the.local permit requirements and potential impacts associated with the use of the Norwalk Pipeline, such as leaks, ruptures, and disruptions of repairs and accidents to public rights-of-way. All previous incidents involving the release of product from the Norwalk Pipeline should be discussed in detail, including cleanup requirements, costs, and resulting health hazards. Hazard footprints associated with potential rupture/explosion of the pipeline need to be provided as part of this analysis. Also, information related to pipeline age, maintenance history, etc, should be detailed in the environmental analyses for this matter. DEIR 573 should not identify the-use of an underground pipeline(s) ss a possible mitigation to tanker truck use at Orange County until it can be proven that the proposed mitigation is actually a safer alternative to the method proposed (use of tanker trucks). If replacement of the Norwalk Pipeline is anticipated based on the age and/or repair history of the pipeline, then the environmental impacts of replacemen¢ are foreseeable and should be addressed. Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 February 22, 2000 Page 4 12. 13, Portions of the existing JP-5 pipeline serving the former MCAS El Toro currently exist outside of public roadway right-of-ways (utilizing railroad rights-of-way, etc.) and also follow routes that abut residential neighborhoods. If the use of an underground pipeline is pursued by the County, all pipeline utilized should be required to be located away from residential neighborhoods and only within existing roadway rights-of-way. Again, DEIR 573 should not identify the use of an underground pipeline(s) as a possible mitigation to tanker truck use at Orange County until it can be proven that the proposed mitigation is actually a safer alternative to the method proposed. Draft EIR No. 573 recognizes that the likelihood of tank truck.transport highway accidents is relatively high and therefore proposes pipeline mitigation measures to utilize existing petroleum pipelines, including the Norwalk Pipeline and the Santa Fe Pipeline. The County has no jurisdiction over these pipelines and notes on page 4.10-52 that "In the event that neither pipeline can be used to deliver Jet-A fuel to OCX, delivery would be by tanker truck;" therefore, additional mitigation measures for the tank truck transport of Jet-A fuel need to be provided. The Draft EIR also needs to discuss the actual truck routes propcsed for fuel delivery, including alternate routes to be used in the event of road/freeway closures, and the enforcement restrictions for these routes. 14. The Draft EIR should identify if the transfer of the jet fuel line easement from the federal government to the County is subject to the National Environmental Policy Act (NEPA). Please specify all applicable code sections. 15. Mitigation Measure RU-1, which pertains to the use of the Norwalk and Santa Fe Pipelines, should indicate that the County will invite representatives from all thi~een communities along the Norwalk Pipeline-route to participate in its discussions related to the acquisition and/or lease of the Norwalk Pipeline. 16. The Draft EIR should include a mitigation measure that would require the County to inspect the Norwalk Pipeline on a regular basis, correct any leaks, ruptures or other hazards, and to pay any damages associated with a pipeline hazard. Noise 17. Page 4.4-62, Flight Track Dispersion, third paragraph - Noise analyses performed in the document assume'that future aircraft would follow flight paths identified in the document. However, the document states that "departures may show mcre early dispersion as aircraft are turned toward their destination by FAA air traf'r~c controllers." This statement essentially means that departing aircraft may not follow the flight paths detailed in the EIR. This is a significant concern to the City Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 February 22, 2000 Page 5 18. 19. 20. 21. of Tustin since the flight path depicted for runway 16 only theoretically avoids the City of Tustin and its sphere of influence." Additional analyses and mitigation (i.e., penalties, curfews and departure thrust cutback) of all potential flight path noise over Tustin and its sphere of influence should be undertaken by the County prior to approval of the project. Page 4.4-178 - Noise mitigation number N-1 indicates that "specific commitments to any noise control measure cannot be made at this time" and that "noise mitigation measures will be done as part of an Airport Master Plan environmental review process." It is critical that noise mitigation measures be identified within the document to mitigate noise impacts associated with an airport prior to County Board of Supervisors' approval of the project. The City of Tustin requests that the document's dismissal of a nighttime curfew (page 4.4-173), Dep'arture Thrust Cutback (page 4.4-152), and use of landing fees for noisy aircraft be reevaluated. As an owner/operator of the proposed airport, the County may have additional authority to control noise, including penalties, curfews and departure thrust cutback. Therefore, the County should commit to these mitigation measures at this level of review. If the proposed project is approved, aviation noise over residential areas must be mitigated. Draft'EIR No. 573 indicates that an increase of 6.5 dB is projected at the Tustin noise modeling receptor location (T1). This increase, however, is not considered significant by the EIR because the location is not within the 65 CNEL contour. Typicaily, an increase of three (3) dB or greater is recognized by noise analysts as a significant environmental impact regardless of the overall noise level Therefore, the projected increase at noise receptor T1 should be recognized as significant and properly mitigated. An additional noise receptor location for noise modeling purposes in the EIR should be provided in the Tustin area so that potential noise impacts to the Tustin Ranch community can be estimated. Exhibit 4-6 clearly shows that a noise receptor location near the intersection of Tustin Ranch Road and Jamboree Road is needed and justified, considering the relative locations of noise receptors T1, O1, EO, and I1. Furthermore, Tustin Ranch would be in very close proximity to arrivals on Runway 16. Draft EIR No. 573 proposes a noise monitoring location north of Tustin in the City of Orange. A noise monitoring location should be proposed in the Tustin Ranch community. A location near the intersection of Tustin Ranch Road and Jamboree Road is recommended because it is approximately the same distance from the proposed flight path as the proposed location in Orange and is midway between the proposed Irvine and Orange locations. As shown in Exhibit 6.1-4, Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 February 22, 2000 Page 6 22. 23. 24. 25. only three noise monitoring locations are proposed along the North Corridor, whereas many locations are proposed in the South and East Corridors. The exhibits in the Noise Analysis Technical Report (Appendix E) do not identify many of the residential areas within the City of Tustin, especially in the Tustin Ranch community. Please correct these exhibits so that they pro.perly reflect residential land uses in Tustin. The City will provide land use maps upon request. Draft EIR No. 573 (pages 4.4-172 and 4.4-173) discusses, and then rejects, a mitigation measure that would shift all nighttime departures to Runway 34. If adopted, the measure would have eliminated nighttime overflights in Lake Forest, Mission Viejo, Coto de Caza, and Santa Margarita while increasing CNEL values and nighttime operations in Northwood, Cowan Heights, Tustin, Orange and Anaheim Hills. According to the Draft EIR, the mitigation measure is not proposed for adoption as project mitigation because it "...would not appear to provide a clear net benefit, and would appear to increase any impact in some communities while reducing impacts in other communities.". Because there may be confusion regarding the mitigation 'measures that are discussed in detail but not proposed, please provide a matrix or other listing of all of the mitigation measures that are considered, but rejected, in the draft EIR. According to Draft EIR No. 573, "...even if all 747 and DC-10 aircraft were eliminated from operations in [2020], the reduction in the total number of operations would not be substantial, and the significant impact identified earlier in this section would not be mitigated." The City of Tustin strongly disagrees with this statement because 747 and DC-10 aircraft generate higher Single Event Noise Levels that could be eliminated. Further, a feasible mitigation measure should not be rejected on the grounds that it would partially mitigate a significant impact, rather than fully mitigate a significant impact. In fact, in EIR 563 the trial court ordered the County to adopt feasible mitigation measures if they would reduce significant impacts, even if they did not achieve full mitigation. An Average Daily Departure noise classification regulation and allocation system similar to the one use at John Wayne Airport should be proposed as a mitigation measure in the Draft EIR. The mitigation measure should also require that all aircraft used at El.Toro be Class "E" (exempt) in accordance with JWA criteria. Although the Federal Aviation Administration does not typically fund sound insulation programs in areas outside the 65 dB CNEL contour, the County should, through a mitigation measure in Draft EIR No. 573, institute a sound insulation program in areas where the CNEL level increases by more than 3 dB as a result of the proposed project, regardless of the total CNEL Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 February 22, 2000 Page 7 26. The City of Tustin opposes any project alternative that proposes an increase in the level of cargo operations at John Wayne Airport. The City of Tustin would be significantly impacted by the noise impacts of nighttime air cargo .operations on sensitive residential areas. These impacts would need to be mitigated. Please include in the Draft EIR a comparison and analysis of the noise levels generated by cargo aircraft versus passenger jets. Air Quality 27. Draf~ EIR No. 573 concludes that "the proposed project would be self-mitigating." because there would be a reduction in regional surface traffic movements due to the shorter trip lengths under the proposed Orange County Airport System. This conclusion makes a generalized assumption that with two commercial airports in Orange County, passengers and cargo will not have to travel to more distant airports in other counties. This logic is flawed because it fails to recognize that many passengers use shuttle and bus services to access regional airpo~s. In addition, passengers may be more'likely to drive to LAX and park their vehicles at LAX, whereas they may be more likely to be dropped-off at John Wayne or the proposed Orange County International. When passengers are dropped-off and picked-up at airports, two round trips 'are required. Because these behaviors and resulting trip patterns are difficult to model, all references to shorter trip lengths, the relevant analysis and the resulting conclusions should be eliminated from the Draft EIR. 28. In the Supplemental Analysis to EIR No. 563, the County found that local and construction-related air quality impacts could not be mitigated. The County continued to find that regional impacts were mitigated. Or~ February 4, 2000, the trial judge found that the County's regional impact findings were not supported by the evidence and ordered the County to propose a correctio,~. Therefore, the County should acknowledge and mitigate the regional air quality impacts. 29. The proposed airport system in Orange County would add 26.7 MAP capacity to the regional air transportation system. The shorter trip length argument should be eliminated from Draft EIR No. 573 because the 26.7 MAP increase wiil generate millions of additional vehicle trips in the region regardless of trip length. Even if every passenger who would make the trip to LAX, will instead drive to El Toro, there will still be additional trips regionally because air .capacity at LAX will not be reduced. The regional air quality analysis is somewhat misleading. The County's setoff theory does not explain why the expected overall improvement in air quality in the next 20 years in the absence of an airport at El Toro should be jeopardized in Orange County. Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 February 22, 2000 Page 8 30. Draft EIR No. 573 should clarify in Mitigation Measure AQ-22 on page 4.5-81 that the program for the use or conversion of at least 90 percent of ground support equipment (GSE) to electric powered by the year 2010 will be implemented at OCX and JWA. 31. Draft EIR No. 573 acknowledges on page 4.5-97 that fuel supply by pipeline' would reduce total diesel PM10 emissions at OCX by an estimated 2 percent. However, when combined with the proposed conversion of ground support equipment to alternative fuels, the overall reduction in total diesel PM10 emissions at OCX would be reduced by an estimated 90 percent. This discussion demonstrates that supplying jet fuel by pipeline is an insignificant mitigation measure for reducing health risk impacts, compared with the mitigation measure for ground support equipment. The discussion on page 4.5-99 is misleading because it combines the effectiveness of the mitigation measures, thereby over-emphasizing the effectiveness of the pipeline alternative. The discussion should separately address the two mitigation measures to eliminate any confusion. 32. Please indicate where the air quality impacts resulting from the truck delivery of fuel are addressed in the Air Quality Technical Report. If the impacts are not addressed, please include an analysis of the impacts on the region. 33. Draft EIR No. 573, page 151, references two particulate emissions studies, one at John Wayne Airport (Newport Beach Fallout, JWA, January 15, 1993) and one at Logan Airport in Boston, Massachusetts (Soot Deposition Study: Logan Airport and Surrounding Communities, Massport, January, 1997). Please provide the City of Tustin with copies of these studies or indicate where the City would be able to obtain copies. Although the Draft EIR indicates that these studies found no significant particulate emissions, the Draft EIR should, st a minimum, include mitigation that would require the establishment of a baseline, the implementation of a monitoring program for potential particulate emissions, and the execution of appropriate mitigation measures. Socioeconomics and Resulting Physical Changes 34. Page 4.17.6.2, Socioeconomic Effects of the Proposed Project (and subsequent sections) - The EIR repeatedly jointly discusses the regional benefits to employment, housing and economic occurring as a result of the proposed project via the changes proposed at both OCX and John Wayne airports. However, the document does not specifically discuss the potential negative economic impacts and subsequent physical changes to the environment that would occur as a result Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 February 22, 2000 Page 9 of the proposed reduction of flights (8.4 MAP currently vs. 5.4 MAP proposed) at John Wayne airport. A potentially significant negative environmental impact could occur from the shift of airport related economic activity from John Wayne and surrounding vicinity to El Toro. Please provide an analysis of this potentially negative impact and provide appropriate mitigation. 35. A 1/3 reduction in MAP at John Wayne Airport may result in significant vacancies in the surrounding hotel, office and light manufacturing areas surrounding JWA. The area is one of the largest business districts in California. Loss of value, disinvestment and eventually physical deterioration may occur unless the uses can be converted. The Draft EIR should address negative physical impacts resulting from socioeconomic changes. Draft EIR No. 573 should address the pressure for land use intensification in the area surrounding the proposed Orange County International Airport. This area is likely to experience significant pressure for redevelopment and higher density development. Residential neighborhoods may be redeveloped for o~ce or commercial uses, as has happened near O'Hare Airport in Chicago and near Los Angeles International Airport. Transportation and Circulation 37. Preparation of the Draft EIR 573 traffic study is generally consistent with regionally accepted methodology. The traffic study is consistent with informatio,q utilized for the preparation of the City of Tustin's MCAS Tustin EIS/EIR. The analysis utilizes the OCTAM 2.8 model and OCP 96 socioeconomic data and includes analysis of peak hour and ADT data. The study area encompasses the entire City of Tustin including all major intersections, arterial roadways, and the freeway/tollway systems. 38. The traffic study includes a project fair share analysis of locations where traffic impacts effect the level of service and capacities of arterial roadways and intersections. The County utilized 'Intersection Capacity Utilization (ICU) methodology to determine the level of traffic service at arterial intersections within the study area. The ICU methodology has been approved for use in traffic impact studies by OCTA and all Orange County cities and is the accepted methodology used throughout the County of Orange. ICU methodology includes not only the volume of traffic through an intersection at a given time, but also identifies turning movements and distribution of traffic, which results in identification of critical movements through the intersection. This ultimately determines the level of traffic service for the location. Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 .February 22, 2000 Page 10 39. 40. Typically, the ICU methodology is carried throughout a project and used for determining future levels of service, future regional impacts and project fair share of impacts. Distribution patterns and turning movements are determined from traffic models are identified and added to intersections. The ICU is recalculated with the future data resulting in a future level of service value. From this future ICU, project impacts are determined and mitigation measures developed. In the Dra~ EIR 573, the County utilized the ICU methodology for determining impacts, but then used a different methodology for determining the project share of impacts. The fair share methodology included the addition of future project traffic to intersections without consideration of traffic distribution and turning movements. This results in an understatement of the project share of impacts. The fair share methodology used by the County is typical of a roadway link analysis, but is not appropriate for intersection analysis. In conclusion, the Draft EIR 573 traffic fair share methodology is not consistent with the ICU methodology and therefore, grossly underestimates the project share of improvements. The project fair share calculations (including Figures 5-14, 15-4 and 15-5) must be based on the proportion of the future ICU value due to the project traffic. The fair share methedology used in the DEIR evaluates the relative increase in total intersection volumes without regard as to how increases in traffic volumes are distributed onto critical movements. It is the sum of critical movements, not the sum of total intersection volumes, which determines intersection capacity utilization. The MCAS Tustin EIS/EIR Traffic Study provides a good discussion of appropriate fair share methodology as ~,n example. The traffic study fails to identify specific development thresholds that correlate to improvements and timing of their implementation. A project of this magnitude will not be developed all at once. As the project develops there will be traffic generated by the new development. The study needs to identify time frames or development thresholds when the additional traffic generated by the project will necessitate roadway improvements to accommodate the traffic demands. This would include the development of phasing plan that identifies on-site development thresholds (DU's, S.F., etc) and associated traffic volumes that would be tied to the construction of circulation improvements to accommodate the additional project traffic. The Transportation and Circulation Mitigation Measures need to be modified to include specific verbiage that identifies that construction of improvements within Tustin will be done to the City's standards and satisfaction. The mitigation measures should identify funding mechanisms to fund the project share obligations of improvements. Mr. Bryan Speegle Airport System Master Plan Draft EIR 573 February 22, 2000 Page 11 Request for Recirculation Through our comments, the City of Tustin has identified several feasible mitigation measures that are .considerably different from those analyzed that may lessen the environmental impacts of the project. We have also identified substantial increases in the severity of several environmental i'mpacts, including regional air quality and disinvestment at John Wayne Airport. Therefore, the City of Tustin requests that the entire Draft EIR No. 573 be recirculated to enable the public to address these changes. Thank you again for the opportunity to provide comments on the Airport System Master Plan Draft Environmental Impact Report No. 573. The City of Tustin would appreciate receiving the recirculated Draft EIR and/or the Final EIR documents with the responses to our comments when they become available. If you have any questions regarding the City's comments, please call Rita Wes~'ield, Assistant Director of Community Development, at (714) 573-3109 or Doug Anderson, Senior Project Manager- Transportation, at (714) 573-3172. Sincerely, Elizabeth A. Binsack Community Development Director CC: Chris Shingleton Dana Ogdon Tim Serlet Dana Kasdan Doug Anderson Rita Westfield Scott Reekstin SR:environ,'A.rpc,';, Sys:em Master Plan DE!R 573 ,?,om,.me.~: Lett. er. cc,~