HomeMy WebLinkAbout17 TUSTIN RANCH ROAD EXTENSION - EIR MCAS 12-06-04it MIA
Agenda
iAGENDA REPORT
Finance Director
MEETING DATE: DECEMBER 6, 2004
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CERTIFICATION OF SUPPLEMENT #1 TO FINAL EIS/EIR FOR THE
DISPOSAL AND REUSE OF THE MARINE CORPS AIR STATION —
TUSTIN AND APPROVAL OF THE PROJECT ENTITLED EXTENSION
OF TUSTIN RANCH ROAD BETWEEN WALNUT AVENUE AND THE
FUTURE ALIGNMENT OF VALENCIA NORTH LOOP ROAD (THE
"PROJECT") (CIP NO. 7100)
SUMMARY
The attached resolutions provide the necessary approvals for the Tustin Ranch Road
Extension, Walnut Avenue to Valencia North Loop Road (CIP No. 7100). If adopted by the City
Council, Resolution No. 04-76 certifies Supplement #1 to Final EIS/EIR for the Disposal and
Reuse of the Marine Corps Air Station — Tustin. Resolution No. 04-77 makes findings, adopts a
Statement of Overriding Considerations, adopts a Mitigation Monitoring Reporting Program, and
approves the project entitled Tustin Ranch Road Extension — Walnut Avenue to Valencia North
Loop Road (the "Project').
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 04-76 certifying Supplement #1 to
Final EIS/EIR for the Disposal and Reuse of the Marine Corps Air Station — Tustin as complete
and adequate pursuant to the California Environmental Quality Act (CEQA) for the project
entitled Tustin Ranch Road Extension —Walnut Avenue to Valencia North Loop Road (CIP No.
7100) and direct staff to file a Notice of Determination.
It is also recommended that the City Council adopt Resolution No. 04-77 making findings,
adopting a Statement of Overriding Considerations, adopting a Mitigation Monitoring and
Reporting Program, and approving the project entitled Tustin Ranch Road Extension — Walnut
Avenue to Valencia North Loop Road (the "Project") (CIP No. 7100) and authorizing staff to
proceed with the final design plans, specifications, estimates, and any required land acquisition.
FISCAL IMPACT
Funds in the amount of $567,728 are currently budgeted for final design of the project in the
Fiscal Year 2004-05 Capital Improvement Program. These funds consist of Capital
Improvement Program funds, Gas Tax funds, and Proposition 111 Gas Tax funds.
Certification of Supplement #1 to Final EIS/EIR for the Disposal and Reuse of the Marine
Corps Air Station — Tustin and Approval of the Project Entitled Extension of Tustin Ranch
Road between Walnut Avenue and the Future Alignment of Valencia North Loop Road
(The "Project') (CIP No. 7100)
December 6, 2004
Page 2
DISCUSSION
The Tustin Ranch Road Extension project proposes to extend Tustin Ranch Road, a six (6)
lane Major Arterial, from the existing terminus at Walnut Avenue to the future Valencia North
Loop Road on the Tustin Legacy site. The length of the extension is approximately 0.8 miles
and will provide three (3) travel lanes in each direction. A four (4) lane loop road would connect
this extension with Edinger Avenue.
The proposed roadway would bridge over the Orange County Flood Control District (OCFCD)
right-of-way, the Orange County Transportation Authority (OCTA)/Southern California Regional
Rail Authority (SCRRA) railroad right-of-way, and Edinger Avenue. The width of the bridge will
vary between 106 feet and 120 feet. The proposed roadway will include a landscaped median
between 6 and 12 feet wide, a 6 -foot sidewalk on the east side of the street, and 8 -foot bike
lanes on both sides of the street. Other project improvements include a modification of the
existing traffic signal at Tustin Ranch Road/Walnut Avenue, double left turn lanes for all legs of
the intersection of Tustin Ranch RoadNValnut Avenue, the addition of street lighting and bus
turnouts on the Tustin Ranch Road extension, right turn lanes for northbound Tustin Ranch
Road and westbound Walnut Avenue, and a landscaped corridor on both sides of the extension
of Tustin Ranch Road. The roadway is intended to have similar visual characteristics as
currently exist on Tustin Ranch Road between Walnut Avenue and the 1-5 Freeway.
To mitigate traffic noise, a masonry block wall will be built along the western edge of Tustin
Ranch Road beginning at Walnut Avenue and ending at the bridge over the three facilities
outlined above. Depending on the roadway elevation relative to the residences (Peppertree
Homes), the sound wall will range in height between 6 and 12 feet above the proposed roadway
surface. In addition, a sound wall ten feet in height will be built along the eastern edge of Tustin
Ranch Road adjacent to the First Baptist Church.
BACKGROUND
On January 16, 2001, the Tustin City Council certified the Final EIS/EIR for the Disposal and
Reuse of MCAS Tustin ("FEIR"). The FEIR addresses the disposal by the Department of the
Navy of federal properties within MCAS Tustin, and the subsequent reuse of those federal
properties and adjacent privately owned properties.
The Alternative analyzed in the FEIR that was preferred by the City included the development
of 4,601 dwelling units, 738.1 acres of commercial/business uses, 236.6 acres of institutional
and recreational uses, and 186.9 acres of right-of-way. The Tustin Legacy Specific Plan/Reuse
Plan for the Marine Corps Air Station (MCAS) Tustin adopted by the Tustin City Council on
February 3, 2003, proposed the land use plan of the preferred alternative. The preferred
alternative in the FEIR included a circulation system that assumed the future extension of
Tustin Ranch Road north of MCAS Tustin.
Certification of Supplement #1 to Final EIS/EIR for the Disposal and Reuse of the Marine
Corps Air Station — Tustin and Approval of the Project Entitled Extension of Tustin Ranch
Road between Walnut Avenue and the Future Alignment of Valencia North Loop Road
(The "Project') (CIP No. 7100)
December 6, 2004
Page 3
In September of 2003, an Initial Study was prepared to determine whether the FEIR was adequate
to serve as the environmental document for the proposed extension of Tustin Ranch Road
between Walnut Avenue and the future alignment of Valencia North Loop Road and related
actions (the "Tustin Ranch Road Extension Project').
The Initial Study determined that most impact categories would not be additionally impacted by
the Tustin Ranch Road Extension Project and that conditions had not changed significantly
since 2001. The Initial Study determined that the FEIR was adequate to serve as the
environmental document for all categories of environmental impacts except
transportation/traffic, air quality, and noise. It also found that a Supplement to the FEIR would
be required to address transportation/traffic, air quality, and noise issues.
On September 8, 2003, the Initial Study and a Notice of Preparation (NOP) to prepare a
Supplement to the FEIR were released and published for public review and comment.
In conjunction with the preparation of the Draft Supplement to the FEIR, the comments received
on the NOP were reviewed and a Traffic Analysis, Air Quality Analysis, and Noise Study were
prepared.
The Traffic Analysis determined that the proposed project will result in the redistribution of traffic
when the project is completed and will result in one new significant traffic impact at the
intersection of Red Hill Avenue/Warner Avenue. However, this is a short term impact that is
relieved when Tustin Ranch Road is extended to the intersection of Barranca Parkway and Von
Karman Avenue. The Analysis also determined that no new significant traffic impacts that were
not identified in the FEIR would result with the addition of the Tustin Ranch Road Extension in
the year 2020.
The Air Quality Analysis found that daily construction -related emissions would not be significant
because they would not exceed the threshold values recommended by the South Coast Air
Quality Management District provided that standard implementation measures are followed.
Furthermore, a carbon monoxide hot spot analysis showed that the implementation of the
Tustin Ranch Road extension does not present a significant carbon monoxide impact. No long-
term emissions were identified because the operation of the Tustin Ranch Road extension
would not create new vehicle trips, but would cause a redistribution of existing trips.
The Noise Analysis determined that the proposed project will result in significant noise impacts
to the residences located immediately adjacent to the Tustin Ranch Road extension and to one
sensitive institutional use located within an industrial area.
Certification of Supplement #1 to Final EIS/EIR for the Disposal and Reuse of the Marine
Corps Air Station — Tustin and Approval of the Project Entitled Extension of Tustin Ranch
Road between Walnut Avenue and the Future Alignment of Valencia North Loop Road
(The "Project') (CIP No. 7100)
December 6, 2004
Page 4
The Draft Supplement to the FEIR was released for public review and comment and filed with
the State Clearinghouse on June 1, 2004. The Draft Supplement included the Traffic Analysis,
Air Quality Analysis, and Noise Study as appendices. The Draft Supplement identified an
implementation measure (existing regulatory requirements) for air quality in response to
comments received from a public agency on the NOP and identified revised mitigation
measures for cultural resources that differed from the FEIR. New mitigation measures were
identified to mitigate all impacts associated with transportation/traffic and noise. The comment
period on the Draft Supplement to the FEIR closed on July 15, 2004.
On August 26, 2004, the responses to comments received were distributed by mail to those
persons or agencies that commented on the Draft Supplement to the FEIR. Final Supplement
#1 to the FEIR provides the required written responses to each written comment received on
the Draft Supplement to the FEIR, pursuant to the California Environmental Quality Act (CEQA).
The comment period on the Final Supplement closed on September 7, 2004. No comments on
the Final Supplement were received.
The comments received on the Draft Supplement included comments pertaining to potential
environmental impacts of the Tustin Ranch Road Extension project, but the majority of the
comments were related to non -environmental issues.
Environmental issues addressed in the comments included aesthetics, air quality, construction
noise, and traffic noise. Based on the environmental analysis conducted for the Tustin Ranch
Road Extension project, only traffic noise would create a significant environmental impact, and
this impact can be mitigated through the use of soundwalls, forced air ventilation, and acoustic -
rated doors and windows. Some of the commentors requested that the height of the wall
bordering the Laurelwood Subdivision north of Walnut Avenue along the existing segment of
Tustin Ranch Road be increased. The noise analysis determined that the noise increase along
that segment of Tustin Ranch Road would be 2.4 dBA CNEL, which is considered an
insignificant noise increase and is less than City's mitigation threshold of 3.0 dBA CNEL.
Other related issues raised by commentors included the following:
• The condition of the existing residential property line wall for the Peppertree subdivision
• The condition of the slope adjacent to the existing wall
• The proposed location of the soundwall in relation to the existing residential property line
wall
• Security and trespassing issues
• Repair or removal of the existing residential property line wall
• Damage to private property during construction
• Impacts to property values
• Rodent and insect infestation
• Fire hazard issues
• Lack of disclosure regarding the proposed roadway
Certification of Supplement #1 to Final EIS/EIR for the Disposal and Reuse of the Marine
Corps Air Station — Tustin and Approval of the Project Entitled Extension of Tustin Ranch
Road between Walnut Avenue and the Future Alignment of Valencia North Loop Road
(The "Project") (CIP No. 7100)
December 6, 2004
Page 5
• The proposed sidewalk and bus stop locations
• Property owners who do not consent to the mitigation improvements on private property
These issues are addressed in the Responses to Comments. With respect to the existing
residential property line wall, it should be noted that the wall is located on private property and
removal of the wall is not necessary for the construction of the Tustin Ranch Road Extension
project. However, the City will need to conduct a geotechnical evaluation to determine whether
the condition of the existing wall has been impacted by the existing condition of the adjacent
slope within the project right-of-way. The area proposed for the Tustin Ranch Road extension
was dedicated as an Easement for a public street as shown on the Map of Tract Number 8763
and is currently being maintained by the Irvine Company.
Findings and Statement of Overriding Considerations
To approve the FEIR as revised by Final Supplement #1 for the Tustin Ranch Road Extension
Project, the City Council must find that: (1) the environmental documents have been completed
in compliance with CEQA; (2) the Final EIR was reviewed and considered by the City Council;
and (3) the Final EIR represents the City's independent judgment and analysis. These findings
are set forth in Resolution No. 04-77.
To support a decision to approve the Project, the City Council is required to make written
findings of fact for each significant environmental impact identified in the FEIR as revised by
Final Supplement #1.
Section 21081 of the Public Resources Code and Section 15091 of the State CEQA Guidelines
require that the City Council make one or more of the following findings prior to approving or
carrying out a project for which an EIR has been prepared identifying one or more significant
effects of the project, together with a statement of facts in support of each finding:
1. Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of another
public agency and have been, or can and should be, adopted by that other agency.
3. Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or alternatives identified in the EIR
While the majority of environmental effects of the MCAS Tustin Reuse Project and Tustin Ranch
Road Extension Project can be mitigated, aesthetics, agricultural resources, air quality, cultural
resources, and transportation/traffic impacts cannot be fully mitigated. Of the impacts that cannot
be fully mitigated, the Tustin Ranch Road Extension Project contributes to agricultural, air quality,
and transportation/traffic impacts. In addition, noise impacts may be unavoidable.
Certification of Supplement #1 to Final EIS/FIR for the Disposal and Reuse of the Marine
Corps Air Station — Tustin and Approval of the Project Entitled Extension of Tustin Ranch
Road between Walnut Avenue and the Future Alignment of Valencia North Loop Road
(The "Project') (CIP No. 7100)
December 6, 2004
Page 6
Agricultural impacts cannot be mitigated because no feasible mitigation measures to reduce the
impact of losing farmland were identified. Mitigation measures that were considered and then
rejected are described in the FEIR.
Air quality impacts cannot be fully mitigated because all feasible mitigation measures to reduce
air quality emissions for the Project have been applied and State and Federal standards will be
exceeded with or without the Project. Any additional traffic, including traffic that is not
significant, may contribute to the existing exceedance condition.
Traffic/transportation impacts cannot be fully mitigated at the intersection of Tustin Ranch Road
and Walnut Avenue, and the intersection of Jamboree Road and Barranca Parkway because
there is not adequate width for physical roadway improvements due to right-of-way constraints.
Noise mitigation measures for the Tustin Ranch Road Extension Project are proposed. However,
private property owners may refuse to permit the City to make improvements, or may delay the
implementation of mitigation measures NR1-NR7, and the noise impacts may be unavoidable.
Where, as here, there are unavoidable environmental risks, State CEQA Guidelines Section
15093(a) requires the City Council to balance the economic, legal, social, technological, or other
benefits of a proposed project against its unavoidable environmental risks in determining whether
to approve the project. Further, State CEQA Guidelines Section 15093(b) requires that, where the
decision of the City Council allows the occurrence of significant effects which are identified in an
EIR, but are not at least substantially mitigated, the City Council must state in writing the reasons
to support its action based on the Final EIR or other information in the record by adopting a
Statement of Overriding Considerations.
The Findings of Fact and a Statement of Overriding Considerations are provided as Exhibit A to
Resolution No. 04-77. The overriding considerations specific to the Tustin Ranch Road Extension
Project are stated below.
PROJECT BENEFITS THAT OUTWEIGH THE UNAVOIDABLE ENVIRONMENTAL RISKS
Reduction in Traffic Congestion (Tustin Ranch Road Extension Project)
The proposed extension of Tustin Ranch Road between Walnut Avenue and the future
alignment of Valencia North Loop Road (Tustin Ranch Road Extension Project) will improve
north -south regional and local circulation in Tustin by extending Tustin Ranch Road southerly
from its existing terminus at Walnut Avenue to the area south of Edinger Avenue, thereby
providing an additional north -south arterial in Tustin. This will link the area of Tustin north of
Edinger Avenue with the area to the south of Edinger Avenue. The Tustin Ranch Road
Extension Project will also provide adequate capacity to accommodate existing and future local
and regional traffic based on the forecast traffic modeling described in the Traffic Analysis for
Tustin Ranch Road dated March 10, 2004, prepared by Kimley-Horn and Associates, Inc. (See
Draft Supplement).
Certification of Supplement #1 to Final EIS/EIR for the Disposal and Reuse of the Marine
Corps Air Station — Tustin and Approval of the Project Entitled Extension of Tustin Ranch
Road between Walnut Avenue and the Future Alignment of Valencia North Loop Road
(The "Project") (CIP No. 7100)
December 6, 2004
Page 7
As presented on page 11 of the Traffic Analysis, the Tustin Ranch Road Extension Project will
improve conditions at several intersections in 2005, but not sufficiently to eliminate the
mitigation needs identified in the FEIR. If the Tustin Ranch Road Extension Project were not
constructed, there would be significant traffic impacts at eight (8) intersections in 2020 that were
not identified in the FEIR. These intersections are listed on page 20 of the Traffic Analysis.
Implementation of the Tustin General Plan (Tustin Ranch Road Extension Project)
Tustin Ranch Road is designated as a Major Arterial on the County's Master Plan of Arterial
Highways and in the Circulation Element of the Tustin General Plan. Major Arterials are
multilane roadways designed to carry a substantial volume of local and regional traffic. They are
also designed with concentrated access locations and allow a minimum of driveways, which
have been shown to reduce roadway capacity due to the interruption of the steady progression
of traffic. The Tustin Ranch Road Extension Project will bring the roadway into conformance
with these plans and provide relief to other arterials such as Red Hill Avenue as shown in the
Traffic Analysis. Conformity is a requirement of the Orange County Growth Management
Element to participate in the County's Measure M Program, which is the primary transportation
funding program for the County. One of the goals of the County's Growth Management Plan
Element is to reduce traffic congestion and ensure that adequate transportation facilities are
provided for existing and future residents. This project will meet these goals. This project is
also included as one of the planned transportation improvements in the City's Growth
Management Element of the General Plan.
MITIGATION MONITORING AND REPORTING PROGRAM
A Mitigation Monitoring and Reporting Program designed to ensure compliance with mitigation
measures that are required to avoid or substantially lessen the significant effects of the Project
identified in the FEIR as revised by Final Supplement #1 has been prepared to meet the
requirements of Section 21081.6 of the Public Resources Code. The Mitigation Monitoring
Reporting Program, which is attached as Exhibit B to Resolution No. 04-77 provides a checklist of
mitigation measures and implementation measures (existing regulatory requirements) identified in
Final Supplement #1 to the FEIR for the Project and which Program is proposed to be adopted if
the Project is approved as a condition of approval of the Project.
Certification of Supplement #1 to Final EIS/EIR for the Disposal and Reuse of the Marine
Corps Air Station — Tustin and Approval of the Project Entitled Extension of Tustin Ranch
Road between Walnut Avenue and the Future Alignment of Valencia North Loop Road
(The "Project') (CIP No. 7100)
December 6, 2004
Page 8
The proposed new noise mitigation measures specific to the Tustin Ranch Road Extension Project
that are contained in the Mitigation Monitoring and Reporting Program include sound walls along
the Peppertree subdivision and the First Baptist Church. The walls would range in height from 6 to
12 feet. Forced air ventilation and acoustic windows and doors are also proposed in specified
locations in specified residences to attenuate interior noise.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan
Engineering Services Manager
JI�4& AI -A _O
y Elizabeth A. Binsack
(� Director of Community Development
TDS:EB:ccg:Cert of supp to final EIS EIR MCAS & Reso. 04-76 & 04-77 & Approval of TRR.DOC
Attachments: Resolution No. 04-76
Resolution No. 04-77
Location Map
"Draft Supplement #1 to Final EIS/EIR for the Disposal and Reuse of Marine Corps Air Station Tustin, California
"Responses to Comments on the Draft Supplement to Final EIS/EIR for the Disposal and Reuse of the Marine Corps Air Station
Tustin, California
'These documents are available for public review at 300 Centennial Way, Tustin, California
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RESOLUTION NO. 04-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, CERTIFYING THE FINAL EIS/EIR FOR
THE DISPOSAL AND REUSE OF MCAS TUSTIN AS REVISED BY
FINAL SUPPLEMENT #1 AS COMPLETE AND ADEQUATE
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT FOR THE PROJECT ENTITLED "EXTENSION OF TUSTIN
RANCH ROAD BETWEEN WALNUT AVENUE AND THE FUTURE
ALIGNMENT OF VALENCIA NORTH LOOP ROAD" (THE
'PROJECT')
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. The City of Tustin certified the Final EIS/EIR for the Disposal and Reuse of
MCAS Tustin ("FEIR") on January 16, 2001; and
B. Certain analyses in the FEIR such as traffic/circulation and noise include the
area of the Tustin Ranch Road extension; and
C. The discussion of traffic and circulation impacts addressed in the FEIR states
the need for improvements to the Tustin Ranch RoadNValnut Avenue
intersection; and
D. The portion of Tustin Ranch Road between Edinger Avenue and Valencia North
Loop Road was considered in the FEIR as a part of the infrastructure needed to
implement the MCAS Reuse Plan; and
E. The FEIR has considered and addressed all impacts associated with the
extension of Tustin Ranch Road through former MCAS Tustin; and
F. Final Supplement #1 to the FEIR was prepared because the use of the FEIR is
appropriate as a foundational environmental document for the Extension of
Tustin Ranch Road, between Walnut Avenue and the future alignment of
Valencia North Loop Road (the 'Project') and pursuant to the Initial Study, it
was determined that pursuant to Section 15163(a) of the State Guidelines (Title
14 California Code of Regulations, Sections 15000 et. seq.) a Supplement was
appropriate to make the FEIR adequate for the proposed Project; and
G. Pursuant to the California Environmental Quality Act (CEQA) (Calif. Public
Resources Code Sec. et. seq. 21000) and the State Guidelines, the City of
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Tustin has completed the following actions in preparing Final Supplement #1
to the FEIR:
1. On September 8, 2003, a Notice of Preparation (NOP) of a Supplement to
the FEIR and Initial Study were released and published for public review
and comment.
2. On June 1, 2004, the Draft Supplement to the FEIR was released for
public review and comment and filed with the State Clearinghouse (SCH
No. 1994071005). The Draft assessed the significant environmental impacts
and mitigation measures associated with the project that differed from the
FEIR. The comment period on the Supplement to the FEIR closed on July
15, 2004.
3. On August 26, 2004, Final Supplement #1 to the FEIR was released for
public review and comment. The comment period on the Final Supplement
#1 closed on September 7, 2004. Final Supplement #1 to the FEIR
provides the required written responses to each comment on the Draft
Supplement to the FEIR pursuant to CEQA. On August 26, 2004, the
responses to comments were distributed to those persons or agencies
that commented on the Draft Supplement to the FEIR.
4. On December 6, 2004, public testimony was provided to the City Council
on Final Supplement #1 to the FEIR for the Project; and
F. In accordance with Section 15132 of the State CEQA Guidelines, Final
Supplement #1 to the FEIR consists of the following which are incorporated
herein by reference:
1. The Draft Supplement to the FEIR and Final Supplement #1 to the FEIR,
including Comments and Responses on the Draft Supplement to the
FEIR, and all appendices and technical reports thereto;
2. A list of persons, organizations, and public agencies commenting on the
Draft Supplement to the FEIR;
3. The responses of the City to significant environmental issues raised in the
review and consultation process;
4. The Public Works staff report to the City Council dated December 6, 2004,
including any letters submitted to the Tustin City Council and the City of
Tustin's written responses, if any, and all other attachments; and,
5. Videotape of and Minutes of the Tustin City Council, dated December 6,
2004: and
II. The City Council of the City of Tustin does hereby find and certify that the FEIR as
revised by Final Supplement #1 for the Project has been completed in compliance
with the requirements of CEQA and the State Guidelines; and
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III. The City Council of the City of Tustin does hereby find and determine that the FEIR
as revised by Final Supplement #1 was reviewed and considered by the City
Council before considering approval of the Project; and
Im
The City Council of the City of Tustin does hereby find that the FEIR as revised by
Final Supplement #1 represents the City's independent judgment and analysis.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the 6th day of December, 2004.
TONY KAWASHIMA, Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Resolution
No. 04-76 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on December 6, 2004, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
ccresos\04-76.doc
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RESOLUTION NO. 04-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, MAKING FINDINGS, ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS, ADOPTING
A MITIGATION MONITORING AND REPORTING PROGRAM,
AND APPROVING THE PROJECT ENTITLED "EXTENSION OF
TUSTIN RANCH ROAD BETWEEN WALNUT AVENUE AND THE
FUTURE ALIGNMENT OF VALENCIA NORTH LOOP ROAD"
(THE 'PROJECT')
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. The City Council of the City of Tustin has certified that the Final EIR/EIS for
the Disposal and Reuse of MCAS Tustin (FEIR) as revised by Final
Supplement #1 for the Project was completed in compliance with CEQA and
the State Guidelines; and
B. Section 21081 of the Public Resources Code and Section 15091 of the State
CEQA Guidelines require that the City Council make one or more of the
following findings prior to approving or carrying out a project for which an EIR
has been prepared identifying one or more significant effects of the project,
together with a statement of facts in support of each finding:
1. Changes or alterations have been required in, or incorporated into, the
project which mitigate or avoid the significant effects on the environment.
2. Those changes or alterations are within the responsibility and jurisdiction of
another public agency and have been, or can and should be, adopted by
that other agency.
3. Specific economic, legal, social, technological, or other considerations make
infeasible the mitigation measures or alternatives identified in the EIR; and
C. State Guidelines Section 15093(a) requires the City Council to balance, as
applicable, the economic, legal, social, technological, or other benefits of a
proposed project against its unavoidable environmental risks in determining
whether to approve the project; and
D. Public Resources Code Section 21081 and State Guidelines Section 15093(b)
require that, where the decision of the City Council allows the occurrence of
significant effects which are identified in an EIR, but are not at least substantially
mitigated, the City Council must state in writing the reasons to support its action
based on the FEIR or other information in the record; and
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E. A lead agency that makes findings on significant effects in an EIR must also
adopt a program for reporting or monitoring mitigation measures that are made
conditions of project approval.
II. The Findings of Fact and Statement of Overriding Considerations set forth in
Exhibit A, and incorporated herein by this reference, are adopted.
III. A Mitigation Monitoring Reporting Program described in Exhibit B is approved and
is incorporated by this reference. It provides a checklist of mitigation measures and
implementation measures identified in the FEIR as revised by Final Supplement #1
for the Project to monitor the progress of each measure. The following information
is identified for each measure listed in the checklist:
• The text of the measure is provided which contains the criteria for mitigation,
either in the form of adherence to certain adopted regulations or
identification of the steps to be taken as mitigation.
• The timing of the implementation of the mitigation measures is indicated.
• The table lists the appropriate responsible or supervising party or agency to
perform or enforce the mitigation measure or implementation measure.
IV. The City Council hereby finds that the significant environmental effects identified in
the FEIR as revised by Final Supplement #1 have been substantially lessened in
their severity by the imposition of the proposed mitigation measures. The City
Council also finds that the remaining unavoidable significant environmental effects
are outweighed by the economic, social, and other benefits of the project, as set
forth in the Statement of Overriding Considerations attached as Exhibit A.
V. The City Council hereby finds that changes have been required in, or incorporated
into, the project that will mitigate or avoid the potentially significant adverse effects
identified in Final Supplement #1 to the FEIR as specifically itemized in Exhibit B,
Mitigation Monitoring Reporting Program. All mitigation measures contained in
Final Supplement #1 to the FEIR are adopted and are conditions of approval of the
Project.
VI. The City Council finds that the project involves no potential for any adverse effect,
either individually or cumulatively, on wildlife resources and makes a De Minimis
Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990.
VII. The Project (the details of which are contained in the Design Documents on file in
the Public Works Department) is approved subject to the conditions that are
identified as "mitigation measures and implementation measures" in the FEIR as
revised by Final Supplement #1.
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PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
held on the 6th day of December, 2004.
TONY KAWASHIMA, Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Resolution
No. 04-77 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on December 6, 2004, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
ccresos\04-77.doc
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Resolution No. 04-77
:711111-1
Findings of Fact and
Statement of Overriding Considerations
Final Supplement #1 to Final EIS/EIR
For the Disposal and Reuse of MCAS Tustin
Extension of Tustin Ranch Road Between Walnut Avenue
And the Future Alignment of Valencia North Loop Road
SCH No. 1994071005
City of Tustin
300 Centennial Way
Tustin, CA 92780
Date Adopted by Tustin: December 6, 2004
TABLE OF CONTENTS
Section Page
I. INTRODUCTION
II. DESCRIPTION OF THE PROJECT
III. THE ADMINISTRATIVE RECORD
Contents of the Record
Location of Administrative Record
IV
u
PURPOSE OF FINDINGS
1
1
2
2
3
4
INCORPORATION OF MITIGATION MEASURES INTO PROJECT DESIGN 5
VI. FINDINGS CONCERNING SIGNIFICANT UNAVOIDABLE
ADVERSEIMPACTS
6
Aesthetics
6
Cultural and Paleontological Resources
6
Agricultural Resources
8
Traffic/Circulation
8
Air Quality
12
Cumulative Impacts
16
Noise
19
VII. FINDINGS CONCERNING SIGNIFICANT IMPACTS
REDUCED TO LESS THAN SIGNIFICANT LEVELS BY
MITIGATION MEASURES INCORPORATED INTO THE PROJECT
21
Land Use
21
Aesthetics
22
Cultural and Paleontological Resources
23
Biological Resources
25
Traffic/Circulation
26
Noise
28
Exhibit A
Section Page
VIII. FINDINGS CONCERNING LESS -THAN -SIGNIFICANT
IMPACTS WITH IMPLEMENTATION MEASURES 32
Air Quality 32
Utilities 33
Public Services and Facilities 35
IX. FINDINGS OF FACT CONCERNING PROJECT ALTERNATIVES 38
X. STATEMENT OF OVERRIDING CONSIDERATIONS 40
Summary of Overriding Considerations 40
Adoption of Overriding Considerations 42
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
FINDINGS OF FACT CONCERNING THE PROJECT
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15091 as amended July 22,
2003, the City of Tustin (City) upon review of Final Supplement 41 to the Final EIS/EIR for the Disposal and
Reuse of MCAS Tustin, including the written and oral comments and written and oral responses therein, and
based on all the information and evidence in the records, hereby makes the Findings set forth herein. Please
note that some of these findings relate to the MCAS Tustin Reuse Plan project that was the focus of the Final
EIS/EIR. Other findings are specifically related to the Tustin Ranch Road Extension project, as described
below.
I. INTRODUCTION
Final Supplement # Ito the FEIS/EIR and the FEIS/EIR (State Clearinghouse Number 1994071005) identify
the significant or potentially significant environmental impacts, prior to mitigation, that may occur as a result of
the Extension of Tustin Ranch Road Between Walnut Avenue and the Future Alignment of Valencia North
Loop Road (the "Tustin Ranch Road Extension project'), and the Disposal and Reuse of the Mraine Corps Air
Station (the "MCAS Tustin Reuse Plan project. The City of Tustin is the Lead Agency for the Tustin Ranch
Road Extension project and the MCAS Tustin Reuse Plan project. The Final EIS/EIR was certified by the
Tustin City Council on January 16, 2001.
In accordance with the requirements of CEQA, an Initial Study/Notice of Preparation (NOP) to prepare a
Supplement to Final EIS/EIR for the Tustin Ranch Road Extension project was distributed on September 8,
2003 to regulatory agencies, local jurisdictions, elected officials, and public service providers, among others,
for a 30 -day comment period.
Draft Supplement to Final EIS/EIR was made available for a 45 -day public review period starting on June 1,
2004 and ending on July 15, 2004.
Final Supplement 91 to Final EIS/EIR and Final EIS/EIR identify mitigation measures to avoid significant
environmental impacts of the Tustin Ranch Road Extension and MCAS Tustin Reuse Plan projects or reduce
them to less than significant levels. Mitigation measures are also identified for environmental impacts of the
project that are significant and unavoidable even though mitigation is applied. Final Supplement #1 to Final
EIS/EIR and Final EIS/EIR also identify implementation measures (existing regulatory requirements) where
environmental impacts are less than significant.
II. DESCRIPTION OF PROJECT
The proposed project considered in these findings consists of Alternative 1 of the Final EIS/EIR, known as the
LRA Reuse Alternative (MCAS Tustin Reuse Plan project), and the Extension of Tustin Ranch Road.
The MCAS Tustin Reuse Plan project proposes a variety of housing, employment, recreation, educational, and
community support uses designed to complement the existing urban character of the surrounding area and
strengthen the economic base of Tustin and nearby cities.
To better accommodate long-term local traffic from the buildout of the City, including implementation of
the MCAS, Tustin Reuse Plan project, the City of Tustin proposes to construct an approximately 5,040 -
foot (approximately one mile) extension of Tustin Ranch Road between Walnut Avenue and the future
alignment of Valencia North Loop Road which is on the former MCAS Tustin. A loop road would then
Exhibit A I
FINDINGS OF FACT AND STAFEMENT OF OVERRIDING CONSIDERATIONS
connect this extension with Edinger Avenue. It is proposed to accommodate three traffic lanes in each
direction. The proposed roadway would bridge over the Orange County Flood Control District (OCFCD)
right-of-way, the Orange County Transportation Authority (OCTA)/Southern California Regional Rail
Authority (SCRRA) railroad right of -way, and Edinger Avenue. The bridge width would be between 106 -
feet just south of the OCFCD right-of-way to about 120 -feet south of Edinger Avenue and will include a
median between 6 and 12 feet, and a 6 -foot sidewalk on the east side of the street, and 8 -foot bike lane on
the east and west sides of the street. A bus turn -out and stop will also be included on the east and west
sides of Tustin Ranch Road immediately south of Walnut Avenue. The bridge will have a minimum
clearance of 24 -feet above the top of the existing rail.
The roadway will include a semi -circular earth ramp and a T-type signalized intersection at Edinger
Avenue. The loop ramp configuration would be located in the southeast quadrant of the future intersection
of Tustin Ranch Road and Edinger Avenue. The portion of Tustin Ranch Road south of Edinger Avenue
to Valencia North Loop Road would be comprised of a 158 -190 -foot right-of-way consisting of a road
width of 98-130 feet (curb -to -curb) with a ten -foot landscaped median, and 30 feet beyond the curb face
for sidewalks and parkway landscaping terminating at the top of the slope bank. Tustin Ranch Road will
include three traffic through lanes in each direction with additional turning lanes at intersections. Overall
right-of-way for the roadway would range between 129 and 236 feet and include traffic lanes, curb and
gutter, a median between 4 and 24 feet, a sidewalk on the east side of the street ranging between 5 and 9
feet, and 8 -foot bike lanes in each direction.
To attenuate traffic noise, a masonry wall will be built along the western edge of the project right-of-way
between Walnut Avenue and just north of the OCFCD flood channel adjacent to Edinger Avenue.
Depending on the roadway elevation relative to the residences, the wall will range in height between 6 and
12 feet above the proposed roadway surface. A gate will be located just south of the proposed bus pad
(about 240 feet south of Walnut Avenue) to provide maintenance access to the area between the soundwall
and the wall that runs the length of the residential backyards. In the area of the proposed gate, the
soundwall will be separated by the gate. Two soundwalls will be constructed to overlap each other to
provide adequate noise attenuation. Other project improvements include a modification of the existing
signal at the Tustin Ranch Road/Walnut Avenue intersection and street lights along the west and east sides
of Tustin Ranch Road. Walnut Avenue will be modified at the intersection to provide double westbound
left -tum lanes. As a result, the Walnut Avenue median will be modified at the intersection and a nominal
amount of additional right-of-way along Walnut Avenue may be required. The street lighting is proposed
to be shielded and directed toward the roadway surface. A landscaped corridor on both sides of the
proposed extension of Tustin Ranch Road is also proposed.
III THE ADMINISTRATIVE RECORD
CONTENTS OF THE RECORD
The following information is incorporated by reference and made part of the record supporting these findings
and the actions taken by City in certifying Final Supplement # 1 to Final EIS/EIR, Final EIS/EIR and approving
the project:
Final Supplement # 1 to Final EIS/EIR and all documents relied upon or incorporated by reference in
the Final Supplement.
Exhibit A 2
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
2. The FEIS/EIR and all documents relied upon or incorporated by reference in the FEIS/EIR
3. All testimony, documentary evidence and all correspondence submitted to or delivered to the City in
connection with the meetings, workshops and public hearings at which the Draft EIS/EIR (DEIS/EIR),
Final EIS/EIR, Draft Supplement, or Final Supplement #1 was considered by the City.
4 All testimony, documentary evidence, and correspondence in which the DEIS/EIR, FEIS/EIR, Draft
Supplement, or Final Supplement # 1 was considered.
5 All staff reports, memoranda, maps, slides, letters, minutes of meetings and other documents relied
upon or prepared by City staff and consultants relating to the project.
6 Any other documents specified by Public Resources Code Section 21167.6(e).
LOCATION OF ADMINISTRATIVE RECORD
The City is the custodian of the administrative record, including all CEQA documents and the other
background documents and materials, which constitute the record of the proceedings upon which City Council
decisions to certify the Final Supplement 41 to FEIS/EIR and approve the project are based. The
administrative record is located at the City of Tustin Community Development Department, 300 Centennial
Way, Tustin, CA 92780.
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
IV. PURPOSE OF FINDINGS
Final Supplement # Ito Final EIS/EIR, prepared in accordance with the California Environmental Quality Act
(CEQA), evaluates the significant adverse environmental impacts that could result from the Tustin Ranch Road
Extension project. Section 15091 of the CEQA Guidelines requires that the public agency approving or
carrying out the project shall make written findings for each significant impact identified in the FIR. These
findings include one of the following:
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effectas defined in the Final Supplement#1 to Final
EIS/EIR, and in the Final EIS/EIR.
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 and
should be adopted by such other agency.
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 Final Supplement #1 to Final EIS/EIR and in the Final EIS/EIR.
These findings accomplish the following:
They address the significant environmental effects identified in the Final Supplement 41 to Final
EIS/EIR and Final EIS/EIR for the approved project.
2. They incorporate all mitigation measures associated with these significant impacts identified in the
Final Supplement #1 to Final EIS/EIR and in the Final EIS/EIR.
They indicate whether a significant effect is avoided or reduced bythe adopted mitigation measures to
a less -than -significant level, or remain significant and unavoidable, either because there are no feasible
mitigation measures or because, even with implementation of mitigation measures, a significant
impact will occur.
The conclusions presented in these findings are based on the Final Supplement # Ito Final EIS/EIR, the Final
EIS/EIR and other substantial evidence in the record of proceedings. Each of the effects that remain
potentially significant and unavoidable is considered acceptable by the City based on a determination that the
benefits of the project outweigh the risks of the potentially significant environmental effect, as set forth in
Section X. Statement of Overriding Considerations.
Exninit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
V. INCORPORATION OF MITIGATION MEASURES INTO PROJECT DESIGN
The mitigation measures identified in Final Supplement # I to Final EIS/EIR and Final EIS/EIR as feasible and
within the City's responsibility and jurisdiction to implement are hereby incorporated into the design of the
Project. The City shall implement these measures during project implementation. Where Final Supplement#I
to Final EIS/EIR and Final EIS/EIR identify feasible mitigation measures within the responsibility and
jurisdiction of other public agencies, the City finds that these other public agencies have adopted the measures,
have agreed to adopt the measures, or can and should adopt them.
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
VI. FINDINGS CONCERNING SIGNIFICANT UNAVOIDABLE ADVERSE
IMPACTS
Final Supplement #1 to Final EIS/EIR and Final EIS/EIR indicate that the project would result insignificant
unavoidable impacts within six environmental impact issue areas. Within each impact issue area, specific
impacts are identified. Each impact is identified as an impact resulting from the implementation of the MCAS
Tustin Reuse Plan project, Tustin Ranch Road Extension project, or both. As described below in the findings
for each of these impacts, there are either no feasible mitigation measures or the feasible mitigation measures
would only partially mitigate the impact and the residual effect would remain significant. As set forth in
Section X. Statement of Overriding Considerations, the City finds that these impacts are acceptable in light of
the projects' benefits.
AESTHETICS (SECTION 4.5 AND CHAPTER 7.0 OF THE FINAL EIS/EIR)
IMPACT. • VISUAL IMPACT
Impact: The loss of both hangars would be a significant unavoidable visual impact. (MCAS
TustinReuse Plan Project)
Mitigation
Mitigation measures to retain both blimp hangars if economically feasible are included in Section 4.6 (Cultural
and Paleontological Resources) of the Final EIS/EIR and are discussed in Section VI. of these findings. If not
economically feasible, one or both of the hangars may be demolished to accommodate development. If one
hangar is demolished, impact would be less than significant. However, if both hangars are demolished, impact
on aesthetics due to the change in views would be significant and unavoidable. Within this context, no
mitigation measures exist to reduce this impact to less than significant.
Findings
Based on the Final EIS/EIR as revised by Final Supplement # I to Final EIS/EIR and the entire record before
the Tustin City Council, the City Council finds that this impact is significant and unavoidable. The City
Council also finds that there are no feasible mitigation measure that will reduce this impact to a less -than -
significant level. Specific economic, legal, social, technological, or other considerations justify approval of the
project notwithstanding this impact as more fully described in the Statement of Overriding Considerations.
CULTURAL AND PALEONTOLOGICAL RESOURCES (SECTION 4.6 AND CHAPTER 7.0 OF
THE FEIS/EIR)
IMPACT. HISTORIC RESOURCES IMPACT
Impact: All of the two discontinuous historic districts would be eliminated. The intent is to retain
both hangars, if financially feasible, but one or both of the blimp hangars could be eliminated.
(MCAS Tustin Reuse Plan project)
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will reduce potential impacts associated with the elimination of the historic districts and
potentially one or both blimp hangars. However, the residual effect will remain significant.
Exhibit A 6
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Hist -1 Historic American Building Survey (HABS) -DON will complete the appropriate recordation
for hangars 28 and 29 and the discontiguous historic district prior to conveyance of any
property within the discontiguous historic district and shall ensure that copies of the
recordation are made available to SHPO, the City of Tustin, and any local or other archive
facilities designated by SHPO.
Hist -2 Curation - within 30 days of the execution of the Memorandum of Agreement (MOA), DON
will donate copies of plans and architectural drawings and other archival materials and
records, as available, concerning the layout and the buildings and structures that made up the
original Navy lighter -than -air blimp facilityto a local curation facility. The City of Tustin or
its designee will also be provided with copies of these materials.
Hist -3 As specified in the MOA, a substantive effort will be made to determine whether there is an
economically viable adaptive use of Hangar 28 and Hangar 29.
Hist -4 If the marketing effort identifies an economically viable adaptive use of either of the
complexes, that complex will be encumbered by a historic preservation covenant. In the case
of the Hangar 28 complex, these measures shall balance the needs of the adaptive use and the
needs for effective operation of the Federal Lands to Parks or Historic Monument programs.
Hist -5 If NPS and/or SHPO determine that, despite a marketing effort that complies with the terms
of the MOA or as agreed to by the City of Tustin/County of Orange, NPS, and/or SHPO, an
economically viable adaptive use of the Hangar 28 complex was not identified, NPS and/or
SHPO shall promptly advise DON and notify the City of Tustin/County of Orange that the
following measures are required.
a. Written History - The City of Tustin/County of Orange shall prepare an
illustrated history report on MCAS TUSTIN, with emphasis on the initial
construction of the Air Station and its World War II Navy lighter -than -air
operations.
b. Exhibit - The City of Tustin/County of Orange shall prepare a
professional -quality illustrated interpretive exhibit with emphasis on the initial
construction of the air station and its World War II Navy lighter -than -air
operations.
c. Interpretive Video - The City of Tustin/County of Orange shall prepare a
professional -quality documentary video and shall undertake a one-time
distribution and outreach program for the documentary video.
DoN, the California State Historic Preservation Officer, the Advisory Council on Historic Preservation, the
Department of the Interior (National Park Service), the City of Tustin, and the County of Orange have entered
into a Memorandum of Agreement (MOA) regarding cultural resources and the disposal and reuse of MCAS
Tustin, which is included as Appendix H of the FEIS/EIR. The MOA specifies how the parties will implement
the mitigation measures above and binds the parties to implement the measures.
Findings
Based on the Final EIS/EIR as revised by Final Supplement # I to Final EIS/EIR and the entire record before
the Tustin City Council, the City Council finds that this impact is significant and unavoidable. The City
Exhibit A 7
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDFRATInNS
Council further finds that the measures listed above will reduce the impact, but there are no feasible mitigation
measures that will reduce the impact to a less -than -significant level. The City Council further finds that those
measures listed above which are within the responsibility and jurisdiction of an agency or agencies other than
the City of Tustin, have been adopted by the appropriate agency with approval of an MOA. Specific
economic, legal, social, technological, or other considerations justify approval of the project notwithstanding
this impact as more fully described in the Statement of Overriding Considerations.
AGRICULTURAL RESOURCES (SECTION 4.8 AND CHAPTER 7.0 OF THE FINAL EIS/EIR
AND SECTION 2.4 OF FINAL SUPPLEMENT #I TO FINAL EIS/EIR)
IMPACT. • AGRICULTURAL RESOURCES IMPACT
Impact: Existing farmland would no longer be cultivated. Project development will result in the
conversion of approximately 682 acres of Prime Farmland and 20 acres of Farmland of
Statewide Importance for a total of 702 acres of Farmland to non-agricultural use. (MCAS
Tustin Reuse Plan project and that portion of the Tustin Ranch Road Extension project that is
located on former MCAS Tustin)
Mitigation
No mitigation measures exist to reduce this impact to a less -than -significant level. Potential alternative
mitigation measures to reduce this impact were considered in the Final EIS/EIR, but rejected as infeasible.
Mitigation measures considered were: a) purchase of off-site agricultural farmland (infeasible due to cost
between $210.6 and $421.2 million or 10 to 20 times greater than the City's annual general fund budget); b)
purchase and improvement of non-agricultural farmland (infeasible because cost of doing so would exceed cost
of buying agricultural farmland); c) protecting existing farmland using agricultural easements (infeasible due to
cost of $105 to $210 million), transfer of development rights (infeasible because City has no power to establish
program outside its jurisdiction, and does not have and is not contemplating such a program), right -to -farm
ordinances (infeasible because neither the City nor the County has adopted such an ordinance, and City's
General Plan does not identify agriculture as a long-term use), and/or Williamson Act applied to land
elsewhere in county (infeasible since only short-term protection for existing agricultural land would be
provided, and program is voluntary, preventing City or County from requiring land owners to enroll).
Findings
Based on the Final EIS/EIR as revised by Final Supplement #I to Final EIS/EIR and the entire record before
the Tustin City Council, the City Council finds that this impact is significant and unavoidable. The City
Council further finds that there are no feasible mitigation measures that will reduce this impact to a less -than -
significant level. Specific economic, legal, social, technological, or other considerationsjustify approval of the
project notwithstanding this impact as more fully described in the Statement of Overriding Considerations.
TRAFFIC/CIRCULATION (SECTION 4.12 AND CHAPTER 7.0 OF THE FINAL EIS/EIR AND
SECTION 5.1 OF FINAL SUPPLEMENT 41 TO FINAL EIS/EIR)
IMPACT. • LONG-TERM TRAFFIC/CIRCULATION IMPACTS AT THE INTERSECTIONS OF
TUSTIN RANCH ROAD AND WALNUT AVENUE, AND JAMBOREE ROAD AND
BARRA NCA PARKWAY
FINDINGS OF FACT AND STATFMFNT nF nVFRRInWC. rnnrcmco A1111vc
Impact: There would be decreased levels of service at certain intersections and road segments. With
feasible mitigation measures to reduce this impact, significant traffic impacts would remain at
the intersections of Tustin Ranch Road and Walnut Avenue, and Jamboree Road and
Barranca Parkway under full buildout (year 2020). (A combined impact of the MCAS Tustin
Reuse Plan project and Tustin Ranch Road Extension project in 2020)
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will reduce potential impacts associated with the intersections of Tustin Ranch Road and
Walnut Avenue, and Jamboree Road and Barranca Parkway under full buildout (year 2020). However, the
residual effect will remain significant.
T/C-2 The City of Tustin and the City of Irvine, as applicable (for that portion of the reuse plan area
within Irvine), shall ensure that the arterial intersection improvements required in 2005 and
2020 and as indicated in Tables 4.12-7 and 4.12-9 of the FEIS/EIR are implemented for their
respective jurisdictions according to the cumulative ADT thresholds identified in each table
and according to the fair share basis noted. The ADT threshold represents the traffic volume
which would result in an impact and the fair share percentage reflects the percent of the traffic
impact resulting from the reuse generated traffic. In some cases, reuse traffic would generate
100 percent of the impact, thereby assuming full financial responsibility for the identified
improvements. In other cases, reuse traffic would generate only a fraction of the traffic
impacting the intersection and financial responsibility would correspond.
T/C-3 The City of Tustin and the City of Irvine, as applicable (for that portion of the reuse plan area
within Irvine), shall contribute, on a fair share basis, to improvements to freeway ramp
intersections as listed in Table 4.12-8 of the FEIS/EIR. The method of implementing the
improvements, e.g., restriping, ramp widening, shall be based on special design studies, in
association with Caltrans.
T/C-4 The City of Tustin and the City of Irvine, as applicable (for that portion of the reuse plan area
within Irvine), shall ensure that all on-site circulation system improvements for the reuse plan
area assumed in the 2005 and 2020 traffic analysis and as shown in Table 4.12-10 of the
FEIS/EIR are implemented according to the cumulative ADT thresholds identified in the
table. Under this Phasing Plan, the City of Tustin shall monitor all new development within
the site, accounting for the cumulative ADT generated by development projects. As each
ADT threshold is reached, the roadway improvements listed in Table 4.12-10 of the FEIS/EIR
shall be constructed before any additional projects within the reuse plan area would be
approved.
T/C-5 Prior to approval of a site development permit or vesting tract, except for financing or
conveyance purposes, for all land use designation areas in Alternative 1 with the exception of
the Learning Village, Community Park, and Regional Park, a project developer shall enter
into an agreement with the City of Tustin and City of Irvine, as applicable (for that portion of
the reuse plan area within Irvine) which assigns improvements required in the EIS/EIR to the
development site and which requires participation in a fair share mechanism to design and
construct required on-site and arterial improvements consistent with the ADT generation
thresholds shown in Tables 4.12-7, 4.12-8, 4.12-9, and 4.12-10 of the FEIS/EIR.
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
T/C-6 The City of Tustin and the City of Irvine, as applicable (for that portion of the reuse plan area
in Irvine), will monitor new development within the reuse plan area, accounting for the
cumulative ADTs generated by development projects within the reuse plan area. As each
cumulative ADT threshold shown in Table 4.12-102 of the FEIS/EIR is reached, the roadway
improvements listed shall be constructed before any additional projects within the reuse plan
area are approved.
T/C-7 The City of Tustin shall adopt a trip budget for individual portions of the reuse plan area to
assist in the monitoring of cumulative ADTs and the amount and intensity of permitted
non-residential uses as evaluated in the EIS/EIR.
T/C-8 Alternative improvements that provide an equivalent level of mitigation in 2005 or 2020 to
what is identified in Tables 4.12-7, 4.12-8, and 4.12-9 of the FEIS/EIR may be identified in
consultation between the City of Tustin and the City of Irvine, as applicable, and the impacted
jurisdiction.
T/C-9 The City of Tustin shall enter into agreements with Caltrans and the cities of Santa Ana and
Irvine to ensure that the off-site roadway improvements needed to mitigate the effects of the
proposed alternative are constructed pursuant to improvement programs established by the
respective jurisdiction.
In order to properly coordinate the timing and improvements in the adjacentjurisdictions, the
City of Tustin shall hold a scoping -like meeting with the respective jurisdictions. The
purpose of said scoping -like meeting shall be to identify the concerns of the respective
jurisdictions prior to the initiation of the fair share study. The purpose of the study would be
to fully identify, with each jurisdiction, the scope and costs of feasible improvements (as
determined by the respective jurisdiction). The improvements would be acceptable to each
jurisdiction toward fulfilling the timing and cost of the transportation improvement
obligations as required to mitigate transportation impacts in each jurisdiction. The funding
for the improvements to be incorporated into the agreement would be utilized by the
respective agency to improve the capacity of the impacted intersections/links or be used for
substituted improvements, as determined by mutual agreement.
Prior to execution of the agreement, each jurisdiction would be allowed ten (10) working days
to review the technical reportprior to being provided with a copy ofthe proposed agreement.
Each jurisdiction would then have ten (10) working days to review and comment as to its
concurrence with the improvement programs contained in the agreement. The comments of
each jurisdiction would be considered to ensure that the City of Tustin's responsibility for fair
share funding of the improvements in each jurisdiction as stated above is fully addressed.
IA -I Table 4.12-10 of the FEIS/EIR presents the Phasing Plan for the on-site circulation system.
The Phasing Plan is based upon traffic circulation impact and mitigation analyses contained in
the Traffic Report (Final Appendix F). Under this Phasing Plan, the City of Tustin shall
monitor all new development within the Specific Plan, accounting for the cumulative ADT
generated by development projects. As each ADT threshold is reached, the roadway
Table references in the mitigation measures have been changed from Final FEIS/EIR to match the
correct table numbers in the FEIS/EIR.
Exhibit A 10
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
improvements listed in Table 4.12-10 of the FEIS/EIR shall be constructed before any
additional projects within the Specific Plan would be approved.
IA -2 Table 7-3 of the FEIS/EIR presents the Trip Budget which summarizes the square footage of
non-residential uses allocated to each neighborhood by Planning Area and the associated
ADT. (Residential uses are shown for information only, they are not part of the budget.)
Pursuant to Section 3.2.4 of the Specific Plan, the City of Tustin shall implement the trip
budget by neighborhood to control the amount and intensity of non-residential uses. Trip
Budget transfers between neighborhoods shall also be implemented as directed in subsection
3.2.4 of the Specific Plan.
IA -3 Prior to the approval of (1) a Planning Area Concept Plan pursuant to Section 4.2 of the
Specific Plan, (2) a site development permit, or (3) a vesting tentative map for new square
footage (not for financing or conveyance purposes), a project developer shall provide traffic
information consistent with the provisions of the Specific Plan, this EIS/EIR and the
requirements of the City of Tustin Traffic Engineer. The traffic information shall (a) identify
and assign traffic circulation mitigation measures required in the EIS/EIR pursuant to the
Phasing Plan described in Table 4.12-10 of the FEIS/EIR; (b) evaluate the effects of either the
delay of any previously committed circulation improvements or the construction of currently
unanticipated circulation improvements; and (c) utilize the circulation system and capacity
assumptions within the EIS/EIR and any additional circulation improvements completed by
affected jurisdictions for the applicable timeframe of analysis.
IA -4 Prior to the issuance of building permits for new development within planning areas requiring
a concept plan, a project developer shall enter into an agreement with the City of Tustin to (a)
design and construct roadway improvements consistent with the ADT generation Phasing
Plan described in Table 4.12-10 of the FEIS/EIR and (b) address the impact of and specifythe
responsibility for any previously committed circulation improvements assumed in the EIS/EIR
which have not been constructed.
IA -5 If a subsequent traffic Phasing Plan demonstrates that certain circulation improvements
should be included in a different phase of Specific Plan development (accelerated or delayed)
or that a circulation improvement can be substituted, the mitigation Phasing Plan in Table
4.12-10 of the FEIS/EIR may be amended, subject to approval of the City of Tustin and any
other affected jurisdictions, provided that the same level of traffic mitigation and traffic
capacity would be provided.
IA -6 The City of Tustin will enter into agreements with Caltrans and the cities of Santa Ana and
Irvine to ensure that the off-site roadway improvements needed to mitigate the effects of the
Specific Plan are constructed pursuant to improvement programs established bythe respective
jurisdiction.
In order to properly coordinate the timing and funding of fair share obligation of Specific Plan
improvements in the adjacent jurisdictions, the City of Tustin shall hold a scoping -like
meeting with the respective jurisdictions. The purpose of said scoping -like meeting shall be
to identify the concerns of the respective jurisdictions prior to the initiation of the fair share
study. The purpose of the study would be to fully identify, with each jurisdiction, the scope
and costs of feasible improvements (as determined by the respective jurisdiction). The
improvements would be acceptable to each jurisdiction toward fulfilling the timing and cost
of the transportation improvement obligations of the Specific Plan as required to mitigate
Exhibit A 1 l
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
transportation impacts in each jurisdiction, as listed above. The funding forthe improvements
to be incorporated into the agreement would be utilized by the respective agency to improve
the capacity of the impacted intersections/links or be used for substituted improvements, as
determined by mutual agreement.
Prior to execution of the agreement, each jurisdiction would be allowed ten working days to
review the technical report prior to being provided with a copy of the proposed agreement.
Each jurisdiction would then have ten working days to review and comment as to its
concurrence with the improvement programs contained in the agreement. The comments of
each j urisd iction would be considered to ensure that the City of Tustin's responsibility for fair
share funding of the improvements in each jurisdiction as stated above is fully addressed.
IA -7 Each Specific Plan project would contain, to the satisfaction of the City of Tustin and/or City
of Irvine, as applicable, a pedestrian circulation component showing pedestrian access to
regional hiking trails, parks, schools, shopping areas, bus stops, and/or other public facilities.
Mitigation measure T/C-9 requires the City of Tustin to enter into agreements with Caltrans and the cities of
Santa Ana and Irvine to ensure that the off-site roadway improvements needed to mitigate traffic effects are
constructed pursuant to improvement programs established by the respective jurisdiction. For improvements
identified within thejurisdiction of other agencies, those agencies can and should adopt them.
Findings
Based on Final Supplement #1 to Final EIS/EIR, the Final EIS/EIR and the entire record before the Tustin
City Council, the City Council finds that this impact is significant and unavoidable. The City Council further
finds that the measures listed above will reduce the impact, but there are no feasible mitigation measures that
will reduce this impact to a less -than -significant level. The City Council further finds that those measures
listed above which are within the responsibility and jurisdiction of an agency or agencies other than the City of
Tustin can and should be adopted by them. Specific economic, legal, social, technological, or other
considerations justify approval of the project notwithstanding this impact as more fully described in the
Statement of Overriding Considerations.
AIR QUALITY (SECTION 4.13 AND CHAPTER 7.0 OF THE FEIS/EIR)
IMPACT. AIR QUALITY IMPA CTS FROM CONSTR UCTION
Impact: Peak reduced emissions of suspended particulates (PMIo), reactive organic compounds
(ROC), and oxides of nitrogen (NO.) due to construction activities would exceed South Coast
Air Quality Management District (SCAQMD) thresholds of significance during some or all
phases of the project. (MCAS Tustin Reuse Plan project)
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will reduce potential impacts associated with air quality impacts from construction. However,
the residual effect will remain significant.
AQ -1 If determined feasible and appropriate on a project -by -project basis, the City of Tustin and the
City of Irvine, as applicable, shall require individual development projects to implement one
Exhibit A 12
171➢11]1Aage K41114 tal21MISNO1x:F\I161M
or more of the following control measures, if not already required by the SCAQMD under
Rule 403:
— Apply water twice daily, or chemical soil stabilizers according to manufacturers'
specifications, to all unpaved parking or staging areas or unpaved road surfaces at all
actively disturbed sites.
— Develop a construction traffic management plan that includes, but is not limited to,
rerouting construction trucks off congested streets, consolidating truck deliveries, and
providing dedicated turn lanes for movement of construction trucks and equipment
onsite and offsite.
— Use electricity from power poles rather than temporary diesel or gasoline powered
generators.
— Reduce traffic speeds on all unpaved roads to 15 mph or less.
— Pave construction roads that have a traffic volume of more than 50 daily trips by
construction equipment or 150 total daily trips for all vehicles.
— Apply approved chemical soil stabilizers according to manufacturers' specifications
to all inactive construction areas (previously graded areas inactive for four days or
more).
— Replace ground cover in disturbed areas as quickly as possible.
— Enclose, cover, water twice daily, or apply approved soil binders according to
manufacturers' specifications, to exposed piles of gravel, sand, or dirt.
— Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least
two feet of freeboard (i.e., minimum vertical distance between top of the load and top
of the trailer).
— Sweep streets at the end of the day if visible soil material is carried over to adjacent
roads (use water sweepers with reclaimed water when feasible).
— Install wheel washers where vehicles enter and exit unpaved roads onto paved roads,
or wash off trucks and any equipment leaving the site each trip.
AQ -2 Unless determined by the City of Tustin and the City of Irvine, as applicable, to be infeasible
on a project -by -project basis due to unique project characteristics, each city shall require
individual development projects to use low VOC architectural coatings for all interior and
exterior painting operations.
Mitigation measures AQ -1 and AQ -2 require the City of Tustin and the City of Irvine, as applicable, to require
projects to implement measures to reduce emissions of criteria pollutants during construction if determined
feasible and appropriate on a project -by -project basis. The City of Irvine can and should adopt these mitigation
measures.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement #1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that this impact is significant and unavoidable. The City
Council further finds that there are no feasible mitigation measures that will reduce this impact to a less -than -
significant level. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin, can and should be
adopted by the City of Irvine. Specific economic, legal, social, technological, or other considerations justify
approval of the project notwithstanding this impact as more fully described in the Statement of Overriding
Considerations.
13
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
IMPACT. AIR QUALITY IMPACTS FROM MOBILE (VEHICULAR) AND STATIONARY
SOURCES
Impact: Long-term operation emissions from mobile (vehicular) and stationary sources would exceed
SCAQMD thresholds of significance for CO, NO,,, and ROC. (Reuse Plan)
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will reduce potential impacts associated with long-term air quality impacts from mobile
(vehicular) and stationary sources. However, the residual effect will remain significant.
AQ -3 Prior to the issuance of development permits for new non-residential projects with 100 or
more employees, and expanded projects where additional square footage would result in a
total of 100 or more employees, the City of Tustin and the City of Irvine, as applicable, shall
impose a mix of TDM measures which, upon estimation, would result in an average vehicle
ridership of at least 1.5, for each development with characteristics that would be reasonably
conducive to successful implementation of such TDM measures. These TDM measures may
include one or more of the following, as determined appropriate and feasible by each city on a
case-by-case basis:
— Establish preferential parking for carpool vehicles.
— Provide bicycle parking facilities.
— Provide shower and locker facilities.
— Provide carpool and vanpool loading areas.
— Incorporate bus stop improvements into facility design.
— Implement shuttles to shopping, eating, recreation, and/or parking and transit
facilities.
— Construct remote parking facilities.
— Provide pedestrian circulation linkages.
Construct pedestrian grade separations.
— Establish carpool and vanpool programs.
— Provide cash allowances, passes, and other public transit and purchase
incentives.
— Establish parking fees for single occupancy vehicles.
— Provide parking subsidies for rideshare vehicles.
— Institute a computerized commuter rideshare matching system.
— Provide a guaranteed ride -home program for ridesharing.
— Establish alternative work week, flex -time, and compressed work week
schedules.
— Establish telecommuting or work -at-home programs.
— Provide additional vacation and compensatory leave incentives.
— Provide on-site lunch rooms/cafeterias and commercial services such as
banks, restaurants, and small retail.
— Provide on-site day care facilities.
— Establish an employee transportation coordinator(s).
AQ -4 If not required under each individual development's TDM plan, the City of Tustin and the
City of Irvine, as applicable, shall implement the following measures, as determined
appropriate or feasible by each city on a case-by-case basis:
Exhibit A 14
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
— Reschedule truck deliveries and pickups for off-peak hours.
— Implement lunch shuttle service from a worksite(s) to food establishments.
— Implement compressed work week schedules where weekly work hours are
compressed into fewer than five days, such as 9/80, 4/40, or 3/36.
— Provide on-site child care and after-school facilities or contribute to off-site
developments within walking distance.
— Provide on-site employee services such as cafeterias, banks, etc.
— Implement a pricing structure for single -occupancy employee parking,
and/or provide discounts to ridesharers.
— Construct off-site pedestrian facility improvements such as overpasses and
wider sidewalks.
— Include retail services within or adjacent to residential subdivisions.
— Provide shuttles to major rail transit centers or multi -modal stations.
— Contribute to regional transit systems (e.g., right-of-way, capital
improvements, etc.).
— Synchronize traffic lights on streets impacted by development.
— Construct, contribute, or dedicate land for the provision of off-site bicycle
trails linking the facility to designated bicycle commuting routes.
— Include residential units within a commercial development.
— Provide off-site bicycle facility improvements, such as bicycle trails linking
the facility to designated bicycle commuting routes, or on-site improvements,
such as bicycle paths.
— Include bicycle parking facilities such as bicycle lockers.
— Include showers for bicycling and pedestrian employees' use.
— Construct on-site pedestrian facility improvements, such as building access
which is physically separated from street and parking lot traffic, and walk
paths.
Mitigation measures AQ -3 and AQ -4 require the City of Tustin and the City of Irvine, as applicable, to require
projects to implement measures to reduce emissions of criteria pollutants during long-term operation it
determined feasible and appropriate on a case-by-case basis. The City of Irvine can and should adopt these
mitigation measures.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement #1 to Final EIS/EIR, and the entire record
before the Tustin City Council, the City Council finds that this impact is significant and unavoidable. The City
Council further finds that the measures listed above will reduce the impact, but there are no feasible mitigation
measures that will reduce this impact to a less -than -significant level. The City Council further finds that those
measures listed above which are within the responsibility and j urisdiction of an agency or agencies other than
the City of Tustin can and should be adopted. Specific economic, legal, social, technological, or other
considerations justify approval of the project notwithstanding this impact as more fully described in the
Statement of Overriding Considerations.
IMPACT. • INCONSISTENCY WITH SOUTH COAST AIR BASIN (SCAB) AIR QUALITY
MANAGEMENT PLAN (AQMP)
Impact: The proposed project has not been included in the modeling assumptions of the 1994 or 1997
AQMPs, and is therefore inconsistent with the AQMP. (MCAS Tustin Reuse Plan project)
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Mitigation
No feasible mitigation measures exist to reduce this impact to less than significant. SCAQMD will need to
include the proposed project in the 2000 AQMP, such that the proposed project will be consistent with future
AQMPs. However, the project will not be consistent with the existing AQMP, which cannot be amended to
include the project at this time.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # I to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that the impact is significant and unavoidable. The City
Council further finds that there are no feasible mitigation measures that will reduce this impact to a less -than -
significant level. Specific economic, legal, social, technological, or other considerations justify approval of the
project notwithstanding this impact as more fully described in the Statement of Overriding Considerations.
CUMULATIVE IMPACTS (CHAPTER 5.0 AND CHAPTER 7.0 OF THE FINAL EIS/EIR AND
SECTION 5 OF FINAL SUPPLEMENT 41 TO FINAL EIS/EIR)
IMPACT.- CUMULATIVE AESTHETIC IMPACT
Impact: Reuse of MCAS Tustin and the possible resultant loss of both blimp hangars, in conjunction
with other development in Orange County (in particular, reuse of the former MCAS EI Toro),
would result in a significant change in the visual setting of the area. (MCAS Tustin Reuse
Plan project)
Mitigation
Mitigation measures to retain both blimp hangars if economically feasible are included in Section 4.6 (Cultural
and Paleontological Resources) of the Final EIS/EIR and are discussed in Section VI. of these findings. If not
economically feasible, one or both of the hangars may be demolished to accommodate development. If one
hangar is demolished, impact would be less than significant. However, if both hangars are demolished, impact
on aesthetics due to the change in views would be significant and unavoidable. Within this context, no
mitigation measures exist to reduce this impact to less than significant. Hence, the proposed project in
conjunction with other development in Orange County, and in particular the disposal and reuse of the former
MCAS El Toro, would contribute to significant cumulative visual impacts.
DoN, the California State Historic Preservation Officer, the Advisory Council on Historic Preservation, the
Department of the Interior (National Park Service), the City of Tustin, and the County of Orange have entered
into a Memorandum of Agreement (MOA) regarding the blimp hangars, which is included as Appendix H of
the FEIS/EIR. The MOA specifies how the parties will implement the mitigation measures and binds the
parties to implement the measures.
Exhibit A 16
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # Ito Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that this impact is significant and unavoidable. The City
Council further finds that there are no feasible mitigation measures that will reduce this impact to a less -than -
significant level. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin, have been adopted by the
appropriate agency. Specific economic, legal, social, technological, or other considerations justify approval of
the project notwithstanding this impact as more fully described in the Statement of Overriding Considerations.
IMPACT. • CUMULATIVE CULTURAL AND PALEONTOLOGICAL IMPACTS
Impact: The project would result in irreversibly eliminating most of the two discontiguous eligible
historic districts and could result in the demolition of one or both blimp hangars, depending
on whether reuse is financially feasible. These actions would contribute to a cumulative loss
of World War II United States military development, which is increasingly being demolished
due to military base closings. (MCAS Tustin Reuse Plan project)
Mitigation
Mitigation for historic resources included in the Final EIS/EIR and in Section VI. of these findings will reduce
impacts to the degree feasible. However, the residual effect will remain significant.
DoN, the California State Historic Preservation Officer, the Advisory Council on Historic Preservation, the
Department of the Interior (National Park Service), the City of Tustin, and the County of Orange have entered
into a Memorandum of Agreement (MOA) regarding cultural and paleontological resources and the disposal
and reuse of MCAS Tustin, which is included as Appendix H of the Final EIS/EIR. The MOA specifies how
the parties will implement the mitigation measures above and binds the parties to implement the measures.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # 1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that this impact is significant and unavoidable. The City
Council further finds that there are no feasible mitigation measures that will reduce the impact to a less -than -
significant level. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin, have been adopted by the
appropriate agency. Specific economic, legal, social, technological, or other considerations justify approval of
the project notwithstanding this impact as more fully described in the Statement of Overriding Considerations.
IMPACT. CUMULA TIVE A GRICUL TURAL RESO UR CES IMPA CIS
Impact: The proposed project would result in conversion of approximately 702 acres of Farmland.
While this conversion is typical in Orange County, the cumulative impact would be
significant because this Farmland and other agricultural land being converted in Orange
County represents some of the last remaining agricultural land in the County. (MCAS Tustin
Reuse Plan project and Tustin Ranch Road Extension project)
Exhibit A 17
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Mitigation
No mitigation measures exist to reduce this impact to a less -than -significant level. Mitigation measures to
reduce this impact at the project level were considered in the Final EIS/EIR, but rejected as infeasible.
Mitigation measures considered were: a) purchase of off-site agricultural farmland (infeasible due to cost
between $210.6 and $421.2 million or 10 to 20 times greater than the City's annual general fund budget); b)
purchase and improvement of non-agricultural farmland (infeasible because cost of doing so would exceed cost
of buying agricultural farmland); c) protecting existing farmland using agricultural easements (infeasible due to
cost of $105 to $210 million), transfer of development rights (infeasible because City has no power to establish
program outside its jurisdiction, and does not have and is not contemplating such a program) , right -to -farm
ordinances (infeasible because neither the City nor the County has adopted such an ordinance, and City's
General Plan does not identify agriculture as a long -tern use), and/or Williamson Act applied to land
elsewhere in county (infeasible since only short-term protection for existing agricultural land would be
provided, and program is voluntary, preventing City or County from requiring land owners to enroll). Impact
will be significant, irreversible, and unavoidable.
Findings
Based on Final Supplement #1 to Final EIS/EIR, the Final EIS/EIR, and the entire record before the Tustin
City Council, the City Council finds that the impact is significant and unavoidable. The City Council further
finds that there are no feasible mitigation measures that will reduce this impact to a less -than -significant level.
Specific economic, legal, social, technological, or other considerations justify approval of the project
notwithstanding this impact as more fully described in the Statement of Overriding Considerations.
IMPACT.• CUMULATIVE TRANSPORTATIONICIRCULATIONIMPACTS
Impact: The analysis of project -level impacts in Final Supplement #1 to Final EIS/EIR and the Final
EIS/EIR consider the project's contribution to cumulative impacts. While most impacts can
be mitigated to less -than -significant levels, significant traffic impacts would remain at the
intersections of Tustin Ranch Road and Walnut Avenue, and Jamboree Road and Barranca
Parkway under full buildout (year 2020). (MCAS Tustin Reuse Plan project and Tustin
Ranch Road Extension project)
Mitigation
Mitigation for transportation/circulation impacts included in Final Supplement # 1 to Final EIS/EIR, the Final
EIS/EIR and in Section VI. of these findings will reduce impacts to the degree feasible. However, the residual
effect at the intersections of Tustin Ranch Road and Walnut Avenue, and Jamboree Road and Barranca
Parkway under full buildout (year 2020) will remain significant.
Mitigation measure T/C-9 requires the City of Tustin to enter into agreements with Caltrans and the cities of
Santa Ana and Irvine to ensure that the off-site roadway improvements needed to mitigate traffic effects are
constructed pursuant to improvement programs established by the respective jurisdiction. For improvements
identified within the jurisdiction of other agencies, those agencies can and should adopt them.
Findings
Based on Final Supplement #1 to Final EIS/EIR, the FEIS/EIR and the entire record before the Tustin City
Council, the City Council finds that the impact is significant and unavoidable. The City Council further finds
that there are no feasible mitigation measures that will reduce this impact to a less -than -significant level. The
Exhibit A 18
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
City Council further finds that those measures listed above which are within the responsibility and jurisdiction
of an agency or agencies other than the City of Tustin, have been adopted by the appropriate agency, or can
and should be adopted. Specific economic, legal, social, technological, or other considerationsjustify approval
of the project notwithstanding this impact as more fully described in the Statement of Overriding
Considerations.
IMPACT. CUMULATIVEAIR QUALITYIMPACTS
Impact: The project, when considered with projected growth in the South Coast Air Basin (SCAB),
will contribute to significant air quality impacts. (MCAS Tustin Reuse Plan project)
Mitigation
Mitigation for air quality impacts included in the Final EIS/EIR and in Section VI. of these Findings will
reduce impacts to the degree feasible. However, the residual effect will remain significant.
Mitigation measures AQ -1 through AQ -4 require the City of Tustin and the City of Irvine, as applicable, to
require projects to implement measures to reduce emissions of criteria pollutants if determined feasible and
appropriate on a project -by -project basis. The City of Irvine can and should adopt these mitigation measures..
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # 1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that the impact is significant and unavoidable. The City
Council further finds that there are no feasible mitigation measures that will reduce this impact to a less -than -
significant level. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin, can and should be
adopted by the appropriate agency. Specific economic, legal, social, technological, or other considerations
justify approval of the project notwithstanding this impact as more fully described in the Statement of
Overriding Considerations.
NOISE ( SECTION 5.3 OF FINAL SUPPLEMENT #1 TO FINAL EIS/EIR)
IMPACT. NOISE IMPACT
Impact: The Tustin Ranch Road Extension project may cause significant noise impacts. (Tustin Ranch
Road Extension project)
Mitigation
Mitigation for noise impacts is included in Final Supplement# 1 to Final EIR/EIS as Mitigation Measures NR -
1 through NR -7. The City will adopt those measures. If private property owners permit the City to make the
improvements in a timely manner, the effects will be reduced to an insignificant level. However, if not, the
measures will be infeasible.
Findings
Based on Final Supplement # 1 to Final EIS/EIR and the entire record before the Tustin City Council, the City
Council finds that the impact may be significant and unavoidable. The City Council further finds that there are
no other feasible mitigation measures that will reduce this impact to a less -than -significant level. Specific
Exhibit A 19
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
economic, legal, social, technological, or other considerations justify approval of the project notwithstanding
this impact as more fully described in the Statement of Overriding Considerations.
Exhibit A 20
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
VII. FINDINGS CONCERNING SIGNIFICANT IMPACTS REDUCED TO LESS -
THAN -SIGNIFICANT LEVELS BY MITIGATION MEASURES
INCORPORATED INTO THE PROJECT
Final Supplement #1 to Final EIS/EIR and Final EIS/EIR identify significant impacts that are reduced to a
"less -than -significant" level by the inclusion in the project approval of the mitigation measures identified in
both of these documents Within each impact issue area, specific impacts are identified. Each impact is
identified as an impact resulting from the implementation of the MCAS Tutin Reuse Plan project, Tustin
Ranch Road Extension project, or both It is hereby determined that these significant environmental impacts of
the project will be avoided or substantially lessened by the inclusion of the identified mitigation measures.
LAND USE (SECTION 4.11 AND CHAPTER 7.0 OF THE FINAL EIS/EIR)
IMPACT. • LAND USE
Impact: Land use categories would not be consistent with the City of Tustin General Plan, the Tustin
zoning ordinance, the Cityof Irvine General Plan, and the Irvine zoning ordinance. Planned
development may have compatibility impacts between land uses. (MCAS Tustin Reuse Plan
project)
Mitigation
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impact to less -than -significant levels.
LU -1 The City of Tustin shall amend its General Plan and zoning ordinance to be consistent with
planned land uses. Any zoning ordinance shall include site design measures such as
buffering, landscaping, screening, and setbacks, to ensure high quality development and
compatibility between land uses. The goal is to assure that the overall appearance of
development on the site is at least similar in quality to other master planned areas in Tustin
and other adjacent cities.
LU -2 The City of Irvine shall amend its General Plan and zoning ordinance to be consistent with
planned land uses. Any zoning ordinance shall include site design measures such as
buffering, landscaping, screening, and setbacks, to ensure high quality development and
compatibility between land uses. The goal is to assure that the overall appearance of
development on the site is at least similar in quality to other master planned areas in Tustin
and other adjacent cities.
Mitigation measure LU -2 requires the City of Irvine to amend its General Plan and zoning ordinance to be
consistent with planned land uses. The City of Irvine can and should adopt this mitigation measure.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement #1 to Final EIS/EIR and the entire record before
the Tustin City Council, the City Council finds that changes or alterations have been incorporated into the
project that will avoid the significant effects as identified in the Final EIS/EIR, by reducing potential effects to
less -than -significant levels. The City Council further finds that those measures listed above which are within
Exhibit A 21
FINDINGS OF FACT AND SA"FEMENT OF OVERRIDING CONSIDERATIONS
the responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
AESTHETICS (SECTION 4.5 AND CHAPTER 7.0 OF THE FINAL EIS/EIR)
IMPACT: VISUAL
Impact: There is the potential for visual impacts if landscaping and urban design do not fully address
aesthetic considerations; i.e., do not maintain view corridors, provide screening, or
incorporate landscaping. (MCAS Tustin Reuse Plan project)
Mitigation Measures
The following implementation measures are hereby adopted and will be implemented as set forth in the
MMRP. These implementation measures will mitigate the impacts to less -than -significant levels.
Vis -I In conjunction with any zoning ordinance amendments to implement the reuse plan in Tustin
or Irvine, an urban design plan shall be adopted to provide for distinct and cohesive
architectural and landscape design, features and treatments, as well as harmony with adjacent
landscaping. The urban design plan shall have the following elements:
• landscaping concept and master signage plan;
design review and approval process;
• limits on development intensity for each specific land use;
limits on height of structures and lot coverage;
minimum site building setbacks;
• minimum on-site landscaping requirements;
buffering requirements, including berms, masonry walls, and landscaping;
• lighting regulations, including regulations ensuring that exterior lighting does not
negatively impact surrounding property;
screening regulations for mechanical equipment and outside storage; and
site signage requirements, including sign permit approval.
Mitigation measure Vis -1 requires the City of Irvine to implement an urban design plan. The City of Irvine can
and should adopt this mitigation measure.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # 1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that changes or alterations have been incorporated into the
project that will avoid the significant effects as identified in the Final EIS/EIR, by reducing potential effects to
less -than -significant levels. The City Council further finds that those measures listed above which are within
the responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
Exhibit A 22
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
CULTURAL AND PALEONTOLOGICAL RESOURCES (SECTION 4.5 AND CHAPTER 7.0 OF
THE FINAL EIS/EIR AND SECTION 2.4 IN FINAL SUPPLEMENT #1 TO FINAL EIS/EIR)
IMPACT.- ARCHAEOLOGICAL RESOURCES
Impact: Grading in the four -acre parcel that has not been surveyed may result in impacts to
archaeological resources, if they are present. Grading in the reuse plan area may uncover
buried archaeological resources. (MCAS Tustin Reuse Plan project)
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impacts to less -than -significant levels.
Arch -1 Prior to issuance of grading permits, the four -acre parcel currently outside the boundaries of
the Air Station along Harvard Avenue shall be surveyed to determine the presence/absence of
archaeological resources prior to grading.
Arch -2 Prior to issuance of grading permits, the cities of Tustin and Irvine shall each require
applicants of individual development projects to retain, as appropriate, a county -certified
archaeologist. If buried resources are found during grading within the reuse plan area, a
qualified archaeologist would need to assess the site significance and perform the appropriate
mitigation. The Native American view point shall be considered during this process. This
could include testing or data recovery. Native American consultation shall also be initiated
during this process.
Mitigation measure Arch -2 requires the Cityof Irvine to require applicants of individual development projects
to retain, as appropriate, a county -certified archaeologist prior to issuance of grading permits. The City of
Irvine can and should adopt this mitigation measure.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # 1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that changes or alterations have been incorporated into the
project that will avoid the significant effects as identified in the FEIS/EIR, by reducing potential effects to less -
than -significant levels. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
Impact: Due to the presence of shell scatters on the nearby Base, it is possible that buried
archaeological resources exist north of Edinger Avenue and that grading activities could
potentially impact these resources. (Tustin Ranch Road Extension project)
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impacts to less -than -significant levels.
AR -1. Prior to issuance of a grading permit, the City of Tustin shall retain, as appropriate, a county
certified archaeologist. If buried resources are found during grading within the portion of the
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
site located north of Edinger Avenue, a qualified archaeologist would need to assess the site
significance and perform the appropriate mitigation. The Native American viewpoint shall be
considered during this process. This could include testing or data recovery. Native American
consultation shall also be initiated during this process.
Findings
Based on Final Supplement # 1 to Final EIS/EIR and the entire record before the Tustin City Council, the City
Council finds that changes or alterations have been incorporated into the project that will avoid the significant
effects as identified in Final Supplement 41 to Final EIS/EIR by reducing potential effects to less -than -
significant levels. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
IMPACT. PALEONTOLOGICAL RESOURCES
Impact: Earthwork activities may destroy geological deposits within which unique paleontological
resources are buried. (MCAS Tustin Reuse Plan project)
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impact to less -than -significant levels.
Paleo-1 The cities of Tustin and Irvine shall each require applicants of individual development
projects to comply with the requirements established in a PRMP prepared for the site, which
details the methods to be used for surveillance of construction grading, assessing finds, and
actions to be taken in the event that unique paleontological resources are discovered during
construction.
Paleo-2 Prior to the issuance of a grading permit, project applicants shall provide written evidence to
each city, that a county -certified paleontologist has been retained to conduct salvage
excavation of unique paleontological resources if they are found.
Mitigation measures Paleo-1 and Paleo-2 require the City of Irvine to require applicants of individual
development projects to comply with the requirements established in a PRMP prepared for the site. The City
of Irvine can and should adopt this mitigation measure.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement #1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that changes or alterations have been incorporated into the
project that will avoid the significant effects as identified in the Final EIS/EIR, by reducing potential effects to
less -than -significant levels. The City Council further finds that those measures listed above which are within
the responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
Impact: The entire Base is underlain by geologic formations that have a high to moderate potential for
significant resources. Based on the close proximity of the portion of the project site that is
located north of Edinger Avenue, it is anticipated that this area of the site is also underlain by
Exhibit A 24
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
similar geologic formations as the entire Base. Therefore, grading activities associated with
the project in the portion of the project site north of Edinger Avenue could result in
significant impacts to buried paleontological resources. (Tustin Ranch Road Extension
project)
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impact to less -than -significant levels.
PR -1. The City of Tustin shall comply with the requirements established in the Paleontological
Resources Management Plan (PRMP) prepared for the Base, which details the methods to be
used for surveillance of construction grading, assessing finds, and actions to be taken in the
event that unique paleontological resources are discovered during construction.
PR -2. Prior to the issuance of a grading permit, the City shall retain a county -certified paleontologist
to conduct salvage excavation of unique paleontological resources if they are found.
Mitigation measures PR- l and PR -2 require the City of Tustin to comply with the requirements established in a
PRMP prepared for the base.
Findings
Based Final Supplement # 1 to Final EIS/EIR and the entire record before the Tustin City Council, the City
Council finds that changes or alterations have been incorporated into the project that will avoid the significant
effects as identified in Final Supplement #Ito Final EIS/EIR by reducing potential effects to less -than -
significant levels. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
BIOLOGICAL RESOURCES (SECTION 4.7 AND CHAPTER 7.0 OF THE FINAL EIS/EIR)
IMPACT. • BIOLOGICAL RESOURCES
Impact: Approximately 12.8 acres of jurisdictional waters would be indirectly impacted by channel
improvements by OCFCD. Another 16.2 acres of jurisdictional waters, of which 2.4 acres are
classified as vegetated or seasonal wetlands, would be directly impacted by reuse.(MCAS
Tustin Reuse Plan project)
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impacts to less -than -significant levels.
Bio -1 The project proponents of any development affecting jurisdictional waters of the U.S. or
vegetated wetlands shall obtain Section 404, Section 1601, and other permits as necessary. A
replacement ratio for affected wetland resources shall be determined in consultation with
regulatory agencies as part of the permitting process. The actions proposed on Peters Canyon
Exhibit A 25
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Channel shall be mitigated by the OCFCD who is the project proponent for flood control
improvements.
Bio -2 Based on consultations with CDFG, City of Tustin, or project proponent as applicable, an
off-site relocation site for southwestern pond turtles captured on site shall be identified that is
as close to the reuse plan area as possible, and that is sustainable in perpetuity. (No
appropriate habitat in the City of Tustin is available for relocation.) Potential relocation sites
include but are not limited to an old pond (currently thought dry) located in upper Shady
Canyon within the Orange County Nature Preserve that could be improved or restored to
serve as a relocation site; or San Joaquin Marsh, which is managed by UC Irvine, Irvine
Ranch, and the Orange County Water District. Some property owners and public agencies
may be adverse to the relocation of species of special concern onto their property or
jurisdiction, and it would be speculative to identify actual sites prior to completion of
consultation with CDFG and with potential property owners and/or appropriate public
agencies.
Bio -3 Permits from the CDFG shall be obtained for live -capture of the turtles and for transporting
them to the relocation site.
Bio -4 An agreement shall be negotiated with the CDFG, City of Tustin, project proponent, or other
agency or organization as appropriate, for contribution of funds to improve, restore, or create
the relocation site as turtle habitat.
Mitigation measure Bio -1 requires that project proponents of any development affecting jurisdictional waters
of the U.S. and OCFCD replace affected wetland resources at a ratio determined in consultation with
regulatory agencies as part of the permitting process. Mitigation measures Bio -2 through Bio -4 require that
CDFG, the City of Tustin, project proponent, or other appropriate agency or organization enter into an
agreement to improve, restore, or create a relocation site for turtle habitat and that permits shall be obtained for
live -capture of turtles. OCFCD, CDFG, and other appropriate agencies can and should adopt these mitigation
measures.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # 1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that changes or alterations have been incorporated into the
project that will avoid the significant effects as identified in the FEIS/EIR, by reducing potential effects to less -
than -significant levels. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
TRAFFIC/CIRCULATION (SECTIONS 4.12 AND 7.2.12 OF THE FINAL EIS/EIR AND
SECTION 5.1 OF FINAL SUPPLEMENT 41 TO FINAL EIS/EIR)
IMPACT. • SHORT-TERM TRAFFIC/CIRCULATION IMPACTS FROM CONSTR UCTION
Impact: There would be potential short-term delay and road closures during construction. There
would be decreased levels of service at certain intersections and road segments.(MCAS Tustin
Reuse Plan project)
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impacts to less -than -significant levels.
T/C-1 In conjunction with the approval of a site development permit, the City of Tustin and the City
of Irvine, as applicable (for that portion of the reuse plan within Irvine), shall require each
developer to provide traffic operations and control plans that would minimize the traffic
impacts of proposed construction activity. The plans shall address roadway and lane closures,
truck hours and routes, and notification procedures for planned short-term or interim changes
in traffic patterns. The City of Tustin and the City of Irvine, as applicable, shall ensure that
the plan would minimize anticipated delays at major intersections. Prior to approval, the City
of Tustin or the City of Irvine, as applicable shall review the proposed traffic control and
operations plans with any affected jurisdiction.
Mitigation measure T/C-I requires the City of Irvine to require each developer to provide traffic operations and
control plans that would minimize the traffic impacts of proposed construction activity. The City of Irvine can
and should adopt this mitigation measure.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # 1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that changes or alterations have been incorporated into the
project that will avoid the significant effects as identified in the Final EIS/EIR, by reducing potential effects to
less -than -significant levels. The City Council further finds that those measures listed above which are within
the responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
IMPACT. • LONG-TERM TRAFFICICIRCULATIONIMPACTS
Impact: A number of intersections would be significantly impacted at buildout of the project. Most of
these impacts can be mitigated to a level of less than significant. However, significant traffic
impacts would remain at the intersections of Tustin Ranch Road and Walnut Avenue, and
Jamboree Road and Barranca Parkway under full buildout (year 2020). These immitigable
impacts are discussed in Section VI. of these findings. All other impacts would be less than
significant with mitigation. (MCAS Tustin Reuse Plan project)
Mitigation Measures
The mitigation measures for long-term traffic/circulation impacts listed in Section VI. of these findings are
hereby adopted and will be implemented as set forth in the MMRP. These measures will mitigate the impacts
to less -than -significant levels, except at the intersections of Tustin Ranch Road and Walnut Avenue, and
Jamboree Road and Barranca Parkway under full buildout (year 2020).
Mitigation measure T/C-9 requires the City of Tustin to enter into agreements with Caltrans and the cities of
Santa Ana and Irvine to ensure that the off-site roadway improvements needed to mitigate traffic effects are
constructed pursuant to improvement programs established by the respective jurisdiction. For improvements
Exhibit A 27
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
identified within the jurisdiction of other agencies, those agencies have agreed to adopt the measures, or can
and should adopt them.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # Ito Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that changes or alterations have been incorporated into the
project that will avoid the significant effects as identified in the Final EIS/EIR, by reducing potential effects to
less -than -significant levels. The City Council further finds that those measures listed above which are within
the responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
Impact: The proposed project will result in the redistribution of traffic for the year 2005 and result in
one new significant traffic impact at the intersection of Redhill Avenue and Warner Avenue.
This intersection will operate at a LOS E during the PM peak hour. (Tustin Ranch Road
Extension project)
Mitigation Measures
The following mitigation measure is hereby adopted and will be implemented as set forth in the MMRP. This
measure will mitigate the impacts to less -than -significant levels.
TC -1. A westbound shared through/right-turn lane shall be added to the Redhill Avenue/Warner
Avenue intersection.
Findings
Based on Final Supplement #1 to Final EIS/EIR and the entire record before the Tustin City Council, the City
Council finds that changes or alterations have been incorporated into the project that will avoid the significant
effects as identified in Final Supplement #1 to Final EIS/EIR, by reducing potential effects to less -than -
significant levels. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin can and should be
adopted.
NOISE (SECTION 4.14 AND CHAPTER 7.0 OF THE FINAL EIS/EIR AND SECTION 5.3 IN
FINAL SUPPLEMENT #1 TO FINAL EIS/EIR)
IMPACT. LONG-TERM NOISE IMPACTS FROM OPERATION
Impact: The proposed extension of Tustin Ranch Road could expose existing residences to noise
levels greater than 65 dB(A) CNEL. Some existing residential units within the reuse area
may experience noise levels greater than 65 dB(A) CNEL. With reuse and future
development, noise levels at residential and park locations adjacent to Warner Avenue may
exceed 65 dB(A) CNEL.(MCAS Tustin Reuse Plan project)
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impact to less -than -significant levels.
Exhibit A 28
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
N-1 Prior to reuse of any existing residential units within the reuse area for civilian use, the City of
Tustin or the City of Irvine, as applicable, and where necessary and feasible, shall require the
installation of noise attenuation barriers, insulation, or similar devices to ensure that interior
and exterior noise levels at these residential units do not exceed applicable noise standards.
N-2 During design of the grade -separated intersection of Tustin Ranch Road at Edinger Avenue,
the City of Tustin shall evaluate potential noise impacts on surrounding properties to the
northeast of Edinger Avenue and shall incorporate into the design of this intersection noise
attenuation measures determined appropriate and feasible by the City of Tustin, in order to
ensure that these surrounding properties do not experience noise levels that exceed City of
Tustin noise standards.
N-3 For new development within the reuse area, the City of Tustin and City of Irvine, as
applicable, shall ensure that interior and exterior noise levels do not exceed those prescribed
by state requirements and local city ordinances and general plans. Plans demonstrating noise
regulation conformity shall be submitted for review and approval prior to building permits
being issued to accommodate reuse.
N-4 Prior to the connection of Warner Avenue to the North Loop Road or the South Loop Road,
the City of Tustin shall conduct an acoustical study to assess reuse traffic noise impacts to
existing sensitive receptors adjacent to Warner Avenue, between Harvard Avenue and Culver
Drive. If mitigation of reuse traffic noise impacts is required, the City of Tustin and the City
of Irvine shall enter into an agreement that defines required mitigation and which allocates the
cost of mitigation between the City of Tustin and the City of Irvine on a fair share basis.
Mitigation measures N-1 through N-4 require the City of Irvine to take steps to reduce potential noise impacts.
The City of Irvine can and should adopt these mitigation measures.
Findings
Based on the Final EIS/E1R, as revised by Final Supplement #1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that changes or alterations have been incorporated into the
project that will avoid the significant effects as identified in the Final EIS/EIR, by reducing potential effects to
less -than -significant levels. The City Council further finds that those measures listed above which are within
the responsibility and jurisdiction of an agency or agencies other than the City of Tustin, can and should be
adopted.
Impact: Projected traffic volumes along the Tustin Ranch Road Extension were modeled for 21
residential receptors that lie immediately adjacent to the roadway easement. The analysis
included an evaluation of year 2005 traffic noise levels and year 2020 traffic noise levels. In
the year 2005, traffic noise levels with the existing residential walls would range from
approximately 63 to 68 dBA CNEL. In the year 2020, traffic noise levels with the existing
residential walls would range from approximately 65 to 70 dBA CNEL and interior noise
levels of approximately 50 to 55 dBA CNEL. (MCAS Tustin Reuse Plan Plan project and
Tustin Ranch Road Extension project)
Exhibit A 29
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impact to less -than -significant levels.
NR -1. Prior to opening the proposed segment of Tustin Ranch Road to traffic, the City will
install a soundwall that achieves the exterior (i.e., 65 dBA) residential noise standards
identified in the City of Tustin Noise Element. The following are the required heights of
the soundwall in relation to the elevation of the proposed roadway adjacent to the
residential receptors (see Exhibit 5.3-2 in the Draft Supplement for receptor locations).
Receptor 1 Existing 6 -foot wall
Receptors 2 through 4 Proposed 12 -foot wall
Receptors 5 and 6 Proposed 10 -foot wall
Receptors 7 and 8 Proposed 8 -foot wall
Receptors 9 through 15
feet south of Receptor 21 Proposed 6 -foot wal I
NR -2. Receptors 1 through 13 require forced air ventilation (see Exhibit 5.3-2 in the Draft
Supplement for receptor locations). If Receptors 1 through 13 do not currently have
forced air ventilation, the City shall provide forced air ventilation prior to the opening of
the proposed segment of Tustin Ranch Road to traffic.
NR -3. Receptors 14 through 21 that have a second story will require forced air ventilation in the
second story. If these residential receptors do not currently have forced air ventilation, the
City shall provide forced air ventilation in the second story prior to the opening of the
proposed segment of Tustin Ranch Road to traffic.
NR -4. Prior to the opening of the proposed segment of Tustin Ranch Road to traffic, all second -
story windows and/or sliding glass doors in habitable rooms of the residences along the
proposed alignment that view the proposed alignment shall be fitted with acoustic -rated
window/door assemblies. These assemblies shall have a sound transmission class (STC)
rating of no less than 35 and the STC shall be high enough to achieve an interior noise
level of no more than 45 dBA CNEL. Non -sensitive uses (e.g., bathrooms) do not require
such assemblies.
NR -5. All second -story exterior doors in habitable rooms of the residences along the proposed
alignment that view the proposed alignment shall be fitted with solid -core assemblies that
are well sealed with weather-stripping.
Findings
Based on Final Supplment #1 to Final EIS/EIR, the Final EIS/EIR and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project that will
avoid the significant effects as identified in Final Supplement 91 to Final EIS/EIR and the Final EIS/EIR by
reducing potential effects to less -than -significant levels. The City Council further finds that those measures
listed above which are within the responsibility and jurisdiction of an agency or agencies other than the City of
Tustin, can and should be adopted.
IMPACT.• LONG-TERM NOISE IMPACTS FROM OPERATION
Exhibit A 30
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Impact: Noise modeling indicated that the year 2005 and 2020 traffic noise levels at the First Baptist
Church would result in an exterior noise level of 69.0 and 70.7 dBA Leq(12), respectively
and an interior noise level of 49.0 and 50.7 dBA Leq(12), respectively. (MCAS Tustin Reuse
Plan project and Tustin Ranch Road Extension project)
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set forth in the MMRP.
These measures will mitigate the impact to less -than -significant levels.
NR -6. Prior to opening of the proposed segment of Tustin Ranch Road to traffic, the City will
install a 10 -foot high wall along the eastern easement of Tustin Ranch Road from Walnut
Avenue to the southern property line of the First Baptist Church.
NR -7. The second -story windows that view the proposed alignment shall be fitted with acoustic -
rated window assemblies. The assemblies shall have a sound transmission class (STC)
rating of no less than 35 and the STC shall be high enough to achieve an interior noise of
no more than 45 dBA CNEL.
Findings
Based on Final Supplement #1 to Final EIS/EIR, the Final EIS/EIR and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the project that will
avoid the significant effects as identified in Final Supplement #1 to Final EIS/EIR and the Final EIS/EIR by
reducing potential effects to less -than -significant levels. The City Council further finds that those measures
listed above which are within the responsibility and jurisdiction of an agency or agencies other than the City of
Tustin, can and should be adopted.
31
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
VIII. FINDINGS CONCERNING LESS -THAN -SIGNIFICANT IMPACTS WITH
IMPLEMENTATION MEASURES
Final Supplement # Ito Final EIS/EIR and the Final EIS/EIR identify implementationmeasures to ensure that
construction activities limit air emissions and adequate utilities and public services and facilities are provided
concurrently with development within the reuse plan area. Implementation measures are to be required where
environmental impacts are less than significant, but to support proposed development within the MCAS Tustin
Reuse project area and the extension of Tustin Ranch Road concurrent with demand, additional measures are
required. For these purposes, both implementation measures and mitigation measures are identified and are
equally enforceable. It is hereby determined that these implementation measures will ensure that construction
activities limit air emissions and utilities and public services and facilities are provided when needed.
AIR QUALITY (SECTION 5.2 OF FINAL SUPPLEMENT 41 TO FINAL EIS/EIR)
IMPACT. • SHORT-TERM CONSTRUCTION -RELATED EMISSIONS
Impact: Short-term emissions associated with Tustin Ranch Road will include fugitive dust and other
particulate matter, as well as exhaust emissions, generated by earthmoving activities and
operation of grading equipment during site preparation and grading. Daily emissions would
not exceed the daily construction threshold values recommended by the SCAQMD.(Tustin
Ranch Road Extension project)
Implementation Measure
The following implementation measure is hereby adopted and will be implemented as set forth in the MM".
AQ -1. During construction of the proposed roadway extension, the following measures will be
implemented to comply with existing SCAQMD Rules and Regulations:
• Rule 1113 that regulates the VOC content of any paints and surface coatings that may
be used in construction.
• Rule 1108 that that regulates the VOC content of any asphalt used in construction.
• SCAQMD Rules 402 and 403 that regulate the control of fugitive dust and visible
emissions.
• All stationary equipment (e.g., generators and compressors) rated in excess of 50
horsepower is subject to SCAQMD permitting.
Findings
Based on Final Supplement # 1 to Final EIS/EIR and the entire record before the Tustin City Council, the City
Council finds that changes or alterations have been incorporated into the project that will avoid the significant
effects as identified in Final Supplement #1 to Final EIS/EIR, by reducing potential effects to less -than -
significant levels. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin, can and should be
adopted.
Exhibit A 32
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
UTILITIES (SECTION 4.3 AND CHAPTER 7.0 OF THE FINAL EIS/EIR)
NEED: PROVISION OF UTILITIES CONCURRENT WITH DEMAND
Need: To support proposed development in the reuse plan area, backbone utility systems must be
provided concurrent with demand. (MCAS Tustin Reuse Plan project)
Implementation Measures
The following implementation measures are hereby adopted and will be implemented as set forth in the
MMRP:
(a) The City of Tustin or City of Irvine, as appropriate, shall ensure that infrastructure is
constructed in phases as triggered by identified thresholds in Table 4.3-1 of the FEIS/EIR.
The Phasing Plan provides an organizational framework to facilitate development of the reuse
plan area in tandem with infrastructure necessary to support the planned development. This
framework reflects the fact that each component of the infrastructure has its own threshold for
accommodating additional development toward build -out of the reuse plan area. The
triggering mechanisms that identify timing of key infrastructure provisions are summarized in
Table 4.3-1 of the FEIS/EIR.
(b) Prior to a final map recordation (except for financing and reconveyance purposes), the
development applicant shall enter into an agreement with the City of Tustin and City of Irvine
and any appropriate regional utility agencies, districts, and providers, as applicable, to
dedicate all easement, rights-of-way, or other land determined necessary to construct adequate
utility infrastructure and facilities to serve the project as determined by the city, agency,
district, or other providers.
(c) Prior to any final map recordation (except for financing and conveyance purposes), the
development applicant shall enter into a secured agreement with the cities of Tustin and/or
Irvine, as applicable, to participate on a pro -rated basis in construction of capital
improvements necessary to provide adequate utility facilities.
(d) Prior to the issuance of permits for any public improvements or development project, a
development applicant shall submit to the City of Tustin and City of Irvine, as applicable,
information from IRWD which outlines required facilities necessary to provide adequate
potable water and reclaimed water service to the development.
(e) Prior to the issuance of the certificates of use and occupancy, the project developer shall
ensure that fire hydrants capable of flows in amounts approved by the OCFA are in place and
operational to meet fire flow requirements.
(f) Prior to the issuance of permits for any public improvements or development project, a
development applicant shall submit to the City of Tustin and City of Irvine, as applicable,
information from IRWD, OCSD, or the City of Tustin which outlines required facilities
necessary to provide adequate sanitary sewage service to the development.
(g) Prior to the issuance of grading permits or approval of any subdivision map (except for
financing and reconveyance purposes), whichever occurs first, for development within the
100 -year flood plain, grading and drainage systems shall be designed by the project developer
Exhibit A 33
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
such that all building pads would be safe from inundation from runoff from all storms up to
and including the theoretical 100 -year storm, to the satisfaction of the City of Tustin Building
Division or the Irvine Public Works Department, as applicable. Grading permits or
subdivision maps generated for financing and reconveyance purposes are exempt.
(h) Prior to construction of regional flood control facilities, appropriate state and federal
approvals, including agreements and permits, shall be obtained. These include but are not
limited to Regional Water Quality Control Board permits, includingNPDES permits; Section
404 permits from the USACOE, and Section 1601 or 1603 agreements from the CDFG in a
manner meeting the approval of the City of Tustin and the Irvine Public Works Department,
as applicable.
(i) Prior to issuance of any grading permit or approval of any subdivision map (except for
financing and conveyance purposes), for any development that is either partially or completely
located within the 100 -year flood plain of the Flood Insurance Rate Map, the development
applicant shall submit all required documentation to the FEMA and demonstrate that the
application for a Conditional Letter of Map Revision for changes to the 100 -year flood plain
is satisfied in a manner meeting the approval of each respective city, as applicable.
(j) Prior to the approval of any applicable subdivision map (except for financing and conveyance
purposes), the developer -applicant shall design and construct local drainage systems for
conveyance of the 10 -year runoff. If the facility is in a local sump, it shall be designed to
convey the 25 -year runoff.
(k) Prior to any grading for any new development, the following drainage studies shall be
submitted to and approved by the City of Tustin, City of Irvine, and/orOCFCD, as applicable:
(1) A drainage study including diversions (i.e., off-site areas that drain onto and/or
through the project site), with justification and appropriate mitigation for any
proposed diversion;
(2) A drainage study evidencing that proposed drainage patterns would not result in
increased 100 -year peak discharges within and downstream ofthe project limits, and
would not worsen existing drainage conditions at storm drains, culverts, and other
street crossings including regional flood control facilities. The study shall also
propose appropriate mitigation for any increased runoff causing a worsening
condition of any existing facilities within or downstream of project limits.
Implementation of appropriate interim or ultimate flood control infrastructure
construction must be included.
(3) Detailed drainage studies indicating how, in conjunction with the drainage
conveyance systems including applicable swales, channels, street flows, catch basins,
storm drains, and flood water retarding, building pads are made safe from runoff
inundation which may be expected from all storms up to and including the theoretical
100 -year flood.
(1) Prior to approval of any subdivision map (except for financing or conveyance purposes), an
agreement will be executed with the OCFCD that provides for the identification and
contribution of a project -specific fair share contribution toward the construction of ultimate
flood control facilities needed to accommodate build -out of the affected project. Interim flood
A 34
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
control facilities may be considered for approval provided such facilities meet OCFCD
requirements. Nothing shall preclude the City of Tustin from transferring the obligation onto
other project developers within the project area.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement #1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that these implementation measures have been incorporated
into the project. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of the City of Irvine or other agency or agencies other than the City of Tustin
can and should be adopted.
PUBLIC SERVICES AND FACILITIES (SECTION 4.4 AND CHAPTER 7.0 OF THE FINAL
EIS/EIR)
NEED: PROVISION OF PUBLIC SERVICES AND FACILITIES CONCURRENT WITH
DEMAND
Need: To support proposed development in the reuse plan area, public services and facilities must be
provided concurrent with demand. (MCAS Tustin Reuse Plan project)
Implementation Measures
The following implementation measures are hereby adopted and will be implemented as set forth in the
MMRP:
General
(m) The City of Tustin and the City of Irvine, each within its respective jurisdiction, shall ensure
that adequate fire protection, police protection, and parks and recreation facilities (including
bikeways/trails) needed to adequately serve the reuse plan area shall be provided as necessary.
To eliminate any negative impact the project could have on each community's general fund,
financing mechanisms including but not limited to developer fees, assessment district
financing, and/or tax increment financing (in the event that a redevelopment project area is
created for the site), shall be developed and used as determined appropriate by each City.
Specifically,
(1) Applicants for private development projects shall be required to enter into an agreement
with City of Tustin or the City of Irvine, as applicable, to establish a fair -share
mechanism to provide needed fire and police protection services and parks and recreation
facilities (including bikeways) through the use of fee schedules, assessment district
financing, Community Facility District financing, or other mechanisms as determined
appropriate by each respective city.
(2) Recipients of property through public conveyance process shall be required to mitigate
any impacts of their public uses of property on public services and facilities.
(n) The cities of Tustin and Irvine shall jointly consult and coordinate with the
OCPFRD/Harbors, Beaches and Parks, Program Management and Coordination Division, in
preparation of trail designs for the Peters Canyon and Barranca trails within the reuse plan
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
area. Improvements for each of these trails would be installed upon completion of flood
control channel improvements and approval of their joint use by the OCPFRD.
Fire Protection/Emergency Medical Services
(o) Prior to the first final map recordation or building permit issuance for development (except for
financing and reconveyances purposes), the project developer could be required to enter into
an agreement with the City of Tustin or City of Irvine/OCFA, as applicable, to address
impacts of the project on fire services. Such agreement could include participation for fire
protection, personnel and equipment necessaryto serve the project and eliminate any negative
impacts on fire protection services.
(p) Prior to issuance of building permits, the project developer shall work closely with the OCFA to
ensure that adequate fire protection measures are implemented in the project.
(q) Prior to issuance of building permits for phased projects, the project developer shall submit a
construction phasing plan to the OCFA demonstrating that emergency vehicle access is
adequate.
(r) Prior to the issuance of building permits, the project developer shall submit afire hydrant location
plan for the review and approval of the Fire Chief and ensure that fire hydrants capable of
flows in amounts approved by the OCFA are in place and operational to meet fire flow
requirements.
Police Protection
(s) Prior to issuance of building permits, the project developer shall work closely with the
respective Police Department to ensure that adequate security precautions are implemented in
the project.
Schools
(t) Prior to the issuance of certificates of use and occupancy, the project developer shall submit to the
respective City proof of payment of appropriate school fees adopted by the applicable school
district.
Parks and Recreation
(u) Prior to the first final map recordation (except for financing and reconveyance purposes) or
building permit issuance for development within the City of Tustin portion of the site, the
project developer shall be required to provide evidence of compliance with all requirements
and standards of the City of Tustin Park Code.
(v) Prior to the first final map recordation or building permit issuance within the City of Irvine
portion of the site, the project developer shall be required to provide evidence of compliance
with all requirements and standards of the City of Irvine Park Code.
(w) Prior to the first concept plan for tentative tract map in the City of Tustin, the project developer
shall file a petition for the creation of a landscape maintenance district for the project area
with the City of Tustin. The district shall include public neighborhood parks, landscape
Exhibit A 36
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
improvements, and specific trails (Barranca only), the medians in arterials, or other eligible
items mutually agreed to by the petitioner and the City of Tustin. In the event that a district is
not established pri or to issuance of the first building permit, maintenance of items mentioned
above shall be the responsibility of a community association.
(x) "Prior to approval of any subdivision map (except for financing or conveyance purposes), an
agreement will be executed with the following agencies for the associated trail improvements:
a. County of Orange Harbors, Beaches — identification of a project -specific fair share
contribution toward the installation of necessary regional bikeway trail improvements
within Peters Canyon Channel, to be installed in conjunction with the County of Orange's
other channel improvements;
b. City of Tustin—the identification ofaproject-specific fair share contribution toward the
installation of Class I1 bicycle trails through the project site. For the area of the site
northeast of Irvine Center Drive, a separate agreement would be required to ensure the
provision of a bikeway right-of-way easement, and design and construction of a bike trial
along the SCRRA/OCTA rail tracks from Harvard Avenue westerly to the Peters Canyon
Channel. In addition, project developers of the areas of the site southeast of the Peters
Canyon Channel would need to accommodate access to both the Peters Canyon Trail and
the trail adjacent to the SCRRA/OCTA tracks in any project site design including
dedication of any necessary recreational trail easements;
City of Tustin X the identification of a project -specific fair -share contribution toward
installation of Class I bikeway trail improvements northerly of Barranca Parkway
after completion of the Barranca Channel improvements. For proposed developments
adjacent to Barranca Channel, separate agreements would be required to ensure the
establishment of a bikeway right-of-way easement between Jamboree Road and Red
Hill Avenue.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement # 1 to Final EIS/EIR, and the entire record before
the Tustin City Council, the City Council finds that these implementation measures have been incorporated
into the project. The City Council further finds that those measures listed above which are within the
responsibility and jurisdiction of the City of Irvine or other agency or agencies other than the City of Tustin can
and should be adopted.
Exhibit A 37
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
IX. FINDINGS OF FACT CONCERNING PROJECT ALTERNATIVES
INTRODUCTION
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15091, the City of Tustin
(City) upon review of Final Supplement #1 to the Final EIS/EIR including the comments and responses
therein, and based on all the information and evidence in the records, hereby makes the findings set herein:
CEQA and the CEQA Guidelines require that an EIR "describe a range of reasonable alternatives to the project
or to location of the project, which would feasibly attain most of the basic objectives of the project but would
avoid or substantially lessen any of the significant effects of the project..." (CEQA Guidelines, Section
15126.6(a)). If a project alternative will substantially lessen the significant environmental effects of a proposed
project, the decision maker shall not approve the proposed project unless it determines that specific economic,
legal, social, technological, or other considerations make the alternatives infeasible. The findings with respect
to alternative to the project identified in Final Supplement #1 to the Final EIS/EIR are described in this section.
REASONABLE RANGE OF ALTERNATIVES
The Final EIS/EIR analyzed a reasonable range of alternatives, including the DON Disposal Alternative, the
LRA Reuse Alternative (described in the Final EIS/EIR as Alternative 1), two other alternatives (described in
the Final EIS/EIR as Alternatives 2 and 3), and the No Action Alternative (described in the Final EIS/EIR as
Alternative 4). The alternatives presented in the Final EIS/EIR were developed based on applicable laws and
from extensive public and other public agency input during the reuse planning process (as described in Chapter
2.0 of the Final EIS/EIR). These alternatives focused on different programmatic objectives identified by the
City, DON, the City's Base Closure Task Force, the public, and other public agencies.
Final Supplement #1 to the Final EIS/EIR evaluated an additional alternative specific to the Tustin Ranch
Road Extension between Walnut Avenue and future alignment of Valencia North Loop Road. There are no
feasible alternative alignments for the extension of Tustin Ranch Road that would meet the project objectives.
However, Final Supplement #1 to the Final EIS/EIR evaluated the No Extension of Tustin Ranch Road
Alternative in the event that there is no extension of Tustin Ranch Road between Walnut Avenue and the
future alignment of Valencia North Loop Road. The evaluation found that the No Extension of Tustin Ranch
Road Alternative would result in greater impacts to traffic and circulation and air quality. The alternative
would also result in less noise impacts. Due to greater traffic and air quality impacts, this alternative is not
considered environmentally superior to the Tustin Ranch Road Extension project, and this alternative would
also not meet the objectives of the Tustin Ranch Road Extension project.
PROJECT OBJECTIVES
The objectives of the disposal and reuse of MCAS Tustin are:
(1) Offset the negative socioeconomic effects caused by the Base Realignment And Closure Act;
(2) Reuse these properties under an economically viable and balanced reuse plan;
(3) Provide housing and employment opportunities;
(4) Solve existing community circulation and recreation parkland deficiencies; and
(5) Generate sufficient revenue (property tax, sales tax or others) to support the investment in
infrastructure required to improve the site for civilian purposes.
The objectives of the Extension of Tustin Ranch Road are:
Exhibit A 38
FINDINGS OF FACT AND sTA'FEMENF OF OVERRIDING CONSIDERATIONS
(1) To extend Tustin Ranch Road as mitigation to serve future circulation needs of the
approved Reuse Plan for the MCAS Tustin.
(2) To construct Tustin Ranch Road to complete a portion of the Circulation Element of the
Tustin General Plan.
(3) To reduce traffic volumes along adjacent north -south streets such as Jamboree Road and
Redhill Avenue.
ALTERNATIVES CONSIDERED
Section 8 of Final Supplement #1 to the Final EIS/EIR summarizes the alternatives considered in the Final
EIS/EIR and evaluates the environmental impacts associated with the alternative "No Extension of Tustin
Ranch Road." The evaluation found that the No Extension of Tustin Ranch Road would result in greater
impacts to traffic and circulation and air quality. The alternative would also result in less noise impacts.
FINDINGS REGARDING ALTERNATIVE (NO EXTENSION OF TUSTIN RANCH
ROAD)
Under the No Extension of Tustin Ranch Road Alternative, Tustin Ranch Road would end at its current
terminus at Walnut Avenue and would not be extended southerly to Edinger Avenue and into the former
MCAS Tustin. The current right-of-way would remain in a vacant and undeveloped condition.
Findings
The City Council finds that the Alternative is infeasible within the meaning of PRC § 21081(a) (3), due to
economic, legal, social, technological, environmental or other considerations. The Alternative would create
additional significant environmental impacts and would not meet the project objectives to the degree of the
Project:
The No Extension of Tustin Ranch Road Alternative would not improve north -south regional and
local circulation in Tustin.
2. The No Extension of Tustin Ranch Road Alternative would not provide adequate capacity to
accommodate existing and future local and regional tmffic.
3. As discussed on page 20 of the Traffic Analysis (Appendix B of Final Supplement #I to the Final
EIS/EIR), the No Extension of Tustin Ranch Road Alternative would result in significant traffic
impacts in 2020 at eight intersections that were not identified in the Final EIS/EIR
4. The No Extension of Tustin Ranch Road Alternative would not bring the roadway into conformance
with the County's Master Plan of Arterial Highways and the Circulation Element of the Tustin
General Plan.
5. The No Extension of Tustin Ranch Road Alternative would not contribute to the elimination of
existing circulation deficiencies, which is a purpose of the Reuse Plan.
Exhibit A 39
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
X. STATEMENT OF OVERRIDING CONSIDERATIONS
SUMMARY OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA) requires a decision -maker, in this case the Tustin City
Council, to balance the benefits of a proposed project ( Tustin Ranch Road Extension in conjunction with the
MCAS, Tustin Reuse Plan Project) against its unavoidable environmental risks in determining whether to
approve the project. If the Tustin City Council allows the occurrence of significant effects through approval of
a project, it must state its specific reasons for so doing in writing. Such reasons are included in the "statement
of overriding considerations."
Section 15093 of the CEQA Guidelines establishes the following requirements for a statement of overriding
considerations:
(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 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 final FIR 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. 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.
The City of Tustin (hereafter referred to as "City") adopts and makes the following statement of overriding
considerations regarding the remaining unavoidable impacts identified within Final Supplement #1 to the
Final EIS/EIR for the Extension of Tustin Ranch Road Between Walnut Avenue and the Future Alignment of
Valencia North Loop Road, in conjunction with the MCAS, Tustin Reuse Plan Project. In adopting Resolution
04-77, the Tustin City Council acknowledges that it has weighed the benefits of the Extension of Tustin Ranch
Road) against the adverse significant impacts that have not been avoided or substantially lessened to less -than -
significant levels through mitigation.
The Tustin City Council hereby determines that the benefits of the Reuse Plan (Alternative 1) and Extension
of Tustin Ranch Road outweigh the unmitigated adverse impacts and the project should be approved. The
Tustin City Council finds that to the extent that the identified significant adverse impacts have not been
avoided or substantially lessened, there are specific economic, legal, social, technological or other
considerations which support approval of the project.
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
SIGNIFICANT UNAVOIDABLE IMPACTS
Unavoidable or potentially unavoidable significant environmental effects of the project identified in Final
Supplement #1 to Final FIRMS, the Final EIS/EIR and Findings of Significant Impacts include the following:
The loss of both hangars would be a significant unmitigable visual impact. (MCAS Tustin Reuse Plan
project)
All of the two discontinuous historic districts would be eliminated. The intent is to retain both
hangars, if financially feasible, but one or both of the blimp hangars could be eliminated. (MCAS
Tustin Reuse Plan project)
Existing farmland would no longer be cultivated. Project development will result in the conversion of
approximately 682 acres of Prime Farmland and 20 acres of Farmland of Statewide Importance for a
total of 702 acres of Farmland to non-agricultural use. (MCAS Tustin Reuse Plan project and Tustin
Ranch Road Extension project)
There would be decreased levels of service at certain intersections and road segments. With feasible
mitigation measures to reduce this impact, significant traffic impacts would remain at the intersections
of Tustin Ranch Road and Walnut Avenue, and Jamboree Road and Barranca Parkway under full
buildout (year 2020). (MCAS Tustin Reuse Plan project and Tustin Ranch Road Extension project)
Peak reduced emissions of suspended particulates (PM,o), reactive organic compounds (ROC), and
oxides of nitrogen (NOJ due to construction activities would exceed South Coast Air Quality
Management District (SCAQMD) thresholds of significance during some or all phases of the project.
(MCAS Tustin Reuse Plan project)
Long-term operation emissions from mobile (vehicular) and stationary sources would exceed
SCAQMD thresholds of significance for CO, NOx, and ROC. (MCAS Tustin Reuse Plan project)
The proposed project has not been included in the modeling assumptions of the 1994 or 1997
AQMPs, and is therefore inconsistent with the AQMP. (MCAS Tustin Reuse Plan project)
Reuse of MCAS Tustin and the possible resultant loss of both blimp hangars, in conjunction with
other development in Orange County (in particular, reuse of the former MCAS El Toro), would result
in a significant change in the visual setting of the area. (MCAS Tustin Reuse Plan project)
The project would result in irreversibly eliminating most of the two discontiguous eligible historic
districts and could result in the demolition of one or both blimp hangars, depending on whether reuse
is financially feasible. These actions would contribute to a cumulative loss of World War II United
States military development, which is increasingly being demolished due to military base closings.
(MCAS Tustin Reuse Plan project)
The proposed project would result in conversion of approximately 702 acres of Farmland. While this
conversion is typical in Orange County, the cumulative impact would be significant because this
Farmland and other agricultural land being converted in Orange County represents some of the last
remaining agricultural land in the County. (MCAS Tustin Reuse Plan project and Tustin Ranch Road
Extension project)
FINDINGS OF FACT AND STA'rEMEN"I" OF OVERRIDING CONSIDERATIONS
The analysis of project -level impacts in Final Supplement#1 to Final EIS/EIR and the Final EIS/EIR
consider the project's contribution to cumulative impacts. While most impacts can be mitigated to
less -than -significant levels, significant traffic impacts would remain at the intersections of Tustin
Ranch Road and Walnut Avenue, and Jamboree Road and Barranca Parkway under full buildout (year
2020). (MCAS Tustin Reuse Plan project and Tustin Ranch Road Extension project)
The project, when considered with projected growth in the South Coast Air Basin (SCAB), will
contribute to significant air quality impacts. (MCAS Tustin Reuse Plan project)
Private property owners may refuse to permit the City to make improvements, or may delay
implementation of mitigation measures NRI-NR7, and the noise impacts may be unavoidable. (Tustin
Ranch Road Extension project)
ADOPTION OF OVERRIDING CONSIDERATIONS
The City finds that each of the overriding considerations set forth below constitutes a separate and independent
ground for finding that the benefits of the Extension of Tustin Ranch Road in conjunction with the MCAS,
Tustin Reuse Plan Project outweigh its significant adverse environmental impacts and is an overriding
consideration warranting approval of the Extension of Tustin Ranch Road. These matters are supported by
substantial evidence in the record.
FINDINGS OF OVERRIDING CONSIDERATIONS
The approval of the MCAS, Tustin Reuse Plan Project will enable the City of Tustin to offset the negative
socioeconomic effects caused by the Base Realignment and Closure Act (BRAC) and the resultant closure of
MCAS Tustin to the greatest degree of the alternatives considered. Specifically, the project will provide the
greatest number of jobs. The City finds that the benefits of reuse of MCAS Tustin override the significant
impacts associated with the project.
The approval of the MCAS, Tustin Reuse Plan Project will enable the City of Tustin to reuse the reuse plan
area under an economically viable and balanced reuse plan to the greatest degree of the alternatives considered.
The City finds that the benefits of reuse of MCAS Tustin and implementation of the Extension of Tustin
Ranch Road override the significant impacts associated with the project.
The approval of the MCAS, Tustin Reuse Plan Project will enable the City of Tustin to provide a substantial
amount of both employment and housing opportunities. Specifically, the project will provide 77,401 jobs, the
greatest number ofjobs of the alternatives, as well as provide over 4,600 housing units. The City finds that the
benefits of reuse of MCAS Tustin and implementation of the Extension of Tustin Ranch Road override the
significant impacts associated with the project.
The approval of the MCAS, Tustin Reuse Plan Project will enable the City of Tustin to solve existing
community circulation and recreation parkland deficiencies to the greatest degree of the alternatives
considered. The project will result in approximately 85 acres of parkland, the greatest amount of parkland of
the alternatives. The project will connect local and regional thoroughfares and will result in significant
unavoidable impacts at two intersections, the least of the reuse alternatives considered. Thus, the project will
provide the greatest amount of parkland and least number of immitigable traffic impacts. The City finds that
the benefits of reuse of MCAS Tustin and implementation of the Extension of Tustin Ranch Road override the
significant impacts associated with the project.
Exhibit A 42
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
The approval of the MCAS, Tustin Reuse Plan Project will enable the City of Tustin to generate sufficient
revenue (property tax, sales tax or others) to support the investment in infrastructure required to improve the
site for civilian purposes to the greatest degree of the alternatives considered. The City finds that the benefits
of reuse of MCAS Tustin and implementation of the Extension of Tustin Ranch Road override the significant
impacts associated with the project.
The approval of the MCAS, Tustin Reuse Plan Project will, result in the least overall relative environmental
impact of the alternatives considered. Specifically, the project will result in the least relative impact to
aesthetics, traffic/circulation, and air quality. Moreover, the project could provide for incorporation of both
blimp hangars, while Alternatives 2 and 3 would retain onlythe northern blimp hangar, if financially feasible.
The City finds that the benefits of reuse of MCAS Tustin and implementation of the Extension of Tustin Ranch
Road override the significant impacts associated with the project.
The proposed extension of Tustin Ranch Road between Walnut Avenue and the future alignment of Valencia
North Loop Road (Tustin Ranch Road Extension Project) will improve north -south regional and local
circulation in Tustin by extending Tustin Ranch Road southerly from its existing terminus to Walnut Avenue,
thereby providing an additional north -south arterial in Tustin. This will link the area of Tustin north of
Edinger Avenue with the area to the south of Edinger Avenue. The Tustin Ranch Road Extension Project will
also provide adequate capacity to accommodate existing and future local and regional traffic based on the
forecast traffic modeling described in the Traffic Analysis for Tustin Ranch Road dated March 10, 2004,
prepared by Kimley-Horn and Associates, Inc. (See Draft Supplement).
As presented on page I I of the Traffic Analysis, the Tustin Ranch Road Extension Project will improve
conditions at several intersections in 2005, but not sufficiently to eliminate the mitigation needs identified in
the FEIR. If the Tustin Ranch Road Extension Project were not constructed, there would be significant traffic
impacts at eight (8) intersections in 2020 that were not identified in the FEIR. These intersections are listed on
page 20 of the Traffic Analysis.
Tustin Ranch Road is designated as a Major Arterial on the County's Master Plan of Arterial Highways and in
the Circulation Element of the Tustin General Plan. Major Arterials are multilane roadways designed to carry
a substantial volume of local and regional traffic. They are also designed with concentrated access locations
and allow minimum driveways, which have been shown to reduce roadway capacity due to the interruption of
the steady progression of traffic. The Tustin Ranch Road Extension Project will bring the roadway into
conformance with these plans and provide relief to other arterials such as Red Hill Avenue as shown in the
Traffic Analysis. Conformity is a requirement of the Orange County Growth Management Element to
participate in the County's Measure M Program, which is the primary transportation funding program for the
County. One of the goals of the County's Growth Management Plan Element is to reduce traffic congestion
and ensure that adequate transportation facilities are provided for existing and future residents. This project
will meet these goals. This project is also included as one of the planned transportation improvements in the
City's Growth Management Element of the General Plan.
L:\env\7005\731\tind ing.wpd
43
Disposal and Reuse of MCAS Tustin EISUR and
Extension of Tustin Ranch Road
SCH No. 194071005
Resolution No. 04-77
Exhibit B
Mitigation Monitoring and Reporting Program for
Final Supplement #1 to Final EIS/EIR
For the Disposal and Reuse of MCAS Tustin
Extension of Tustin Ranch Road Between Walnut Avenue
and the Future Alignment of Valencia North Loop Road
SCH No. 1994071005
City of Tustin
300 Centennial Way
Tustin, CA 92780
Date Adopted by Tustin: December 6, 2004
SACdd\SCOTT\Environmental etc\TR Road Mitigation Monitoring Program.doc
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road SCH No. 194071005
This Mitigation Monitoring and Reporting Program has been prepared in accordance with the
requirements of the California Environmental Quality Act (CEQA) Section 21081.6. Its purpose is
to provide for accomplishment of mitigation measures required by Final Supplement 41 to Final
Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Extension of
Tustin Ranch Road Between Walnut Avenue and the Future Alignment of Valencia North Loop
Road (State Clearinghouse Number 1994071005), located in the City of Tustin in the County of
Orange.
The mitigation measures are included in Final Supplement #I to Final EIS/EIR and Final
EIS/EIR to mitigate or avoid significant impacts on the environment. This program has been
designed to ensure compliance during project implementation.
Mitigation measures and implementation measures identified in Final Supplement 41 to Final
EIS/EIR and Final EIS/EIR have been incorporated into a checklist. Each mitigation measure and
implementation measure is listed separately on the checklist with appropriate spaces for monitoring
the progress of implementation of each measure.
The following information is identified for each measure listed in the checklist:
The timing of implementation of the mitigation measure or implementation measure.
The appropriate agency to enforce the mitigation measure or implementation measure.
Mitigation Monitoring and Reporting Program Management
The MCAS Tustin Reuse and Tustin Ranch Road Extension projects include a number of
mitigation measures. To coordinate implementation of the Mitigation Monitoring and Reporting
Program, a regular review of the progress of the program is required.
Annual Review of Mitigation Monitoring and Reporting Program
The overall management of the Mitigation Monitoring and Reporting Program will be managed by
the City of Tustin, as applicable to the City's jurisdiction. The City will undertake an annual review
of the Mitigation Monitoring and Reporting Program as applicable to Tustin and prepare a brief
progress memorandum based on that review. The reviewer, the Community Development Director
or designee, will check each mitigation measure in the Mitigation Monitoring and Reporting
Program to determine whether or not that implementation measure is complete. If the mitigation
measure has been completed for the project, the reviewer should line through the mitigation measure
on the form, initial and date the line indicating that the mitigation measure has been completed.
For measures that require a report, program, or plan, the reviewer should determine if that report,
program, or plan is due based on the progress of implementing the program to date. If the report,
program, or plan is timely, that fact should be reported in the review memorandum to the City
Council. If no such program is necessary at this time, the memorandum should so state.
&\Cdd\SCOT71Eavironmental etc\TR Road Mitigation Monitoring Program.doc
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road SCH No. 194071005
For measures that are ongoing measures, the memorandum should report whether these measures are
actively being pursued, and if not, what action is appropriate. If the measures are no longer
appropriate or necessary because the environmental effect is no longer an issue, then that fact should
be reported in the review memorandum, and the discontinuation of the mitigation measure
recommended. If measures are not being implemented adequately, recommendations should be
made to improve the application of the mitigation measure.
For measures that apply at the project level, the memorandum should report whether or not such
measures are being actively applied to individual projects. If the measures are no longer appropriate
or necessary because the environmental effect is no longer an issue, then that fact should be reported
in the review memorandum, and the discontinuation of the mitigation measure recommended. If
measures are not being implemented adequately, recommendations should be made to improve the
application of the mitigation measure.
Implementation of Program -Level Mitigation Measures
Program -level mitigation measures (for the MCAS Tustin Reuse project) are measures that do not
apply to individual development projects, but which apply at the overall program level. They are
implemented through the regular actions of the City of Tustin Community Development Department,
City of Irvine Community Development Department, or other applicable departments within both
cities' discretionary project review. These measures are reviewed and monitored through the annual
program review discussed above.
Implementation of Project -Level Mitigation Measures
Project -level mitigation measures are monitored through the appropriate City's (Tustin or Irvine)
planning review process and discretionary project review. When a development project within the
Reuse Plan Area is submitted for planning review to each City, each respective planning reviewer
will have a copy of the Mitigation Monitoring Checklist including all pages that contain measures
applicable to that project. Before approving plans, the planning reviewer will ensure that all
mitigation measures are incorporated into building plans, site plans, public improvements plans, etc.
(i.e., those that are not project -design mitigation measures).
Project -Design Mitigation Measures
A project -design mitigation measure is a measure that needs to be incorporated into the project
design as part of any project approval; for example, traffic improvements or exterior lighting plans.
Such measures may be normally shown on the building plans, site plans, public improvement plans,
specifications, or other project documents. The mitigation monitoring checklist will be used to
check off those mitigation measures required. If a mitigation measure is not shown on the
appropriate plan sheets, plans will be sent back for incorporation of those mitigation measures or
SACdd\SCOTT \Environtnental etc\TR Road Mitigation Monitoring Program.doc
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road SCH No. 194071005
approved equivalents. Plans will not be approved until each mitigation measure is incorporated into
the project design.
After plans are approved, and before any component of design is approved as complete by the
appropriate City in its inspection, the project proponents will submit proof that each mitigation
measure shown on the plans has been installed or incorporated into the constructed project.
Verification of compliance will then be noted on the monitoring checklist and signed off, completing
the process for this category of mitigation measure.
The monitoring program for measures to be incorporated into project design is the same program that
is currently used to verify compliance with applicable City codes in design and construction. No
additional staffing is required, except that training may be appropriate to alert inspectors to the new
requirements and the use of the monitoring checklist. In case of some specific unique or unusual
mitigation measures, it may be appropriate or necessary to contract with consultants for inspection or
verification of mitigation measures.
Construction Mitigation Measures
Construction mitigation measures are measures designed to reduce the impacts of construction, and
in general, are required to be maintained in operation continually during construction. Monitoring
will be verified by building, public works, or grading inspectors as appropriate during their regular
visits to the sites during construction, and reported to the Public Works Director or designee.
Reporting of compliance with mitigation measures should be required at least monthly, with reports
of violations made immediately to the appropriate department.
Operational Mitigation Measures
Operational mitigation measures are intended to verify the implementation of mitigation measures
that will continue after the project is occupied and in operation. These mitigation measures should
be verified on an annual basis, and if problems are noted, reinspected on a more regular basis until
the measure is operating effectively. Monitoring of such measures may be certified by the
applicants/operators with verification by the applicable City. In that event, each applicable City shall
exercise its independent judgment in verifying compliance.
Mitigation Measures Versus Implementation Measures
Final Supplement # 1 to Final EIS/EIR and Final EIS/EIR for the disposal and reuse of MCAS Tustin
identify both mitigation measures and implementation measures. Implementation measures are not
mitigation measures. They are state or federal regulations and/or required by the Uniform Building
Codes adopted by the City.
Implementation measures may be required where environmental impacts are less than significant,
but state or federal regulations or City ordinances required their implementations. For these
S:\U&SCOTREnvironmental etc\TR Road Mitigation Monitoring Program.doc
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
purposes, both implementation measures and mitigation measures are identified in this
Mitigation Monitoring and Reporting Program and equally are enforceable.
Availability of Mitigation Monitoring and Reporting Program
The completed Mitigation Monitoring and Reporting Program checklist will be retained in each
program and project file and will be available for public inspection on proper request.
Monitoring Program Fees
For major projects for which the mitigation monitoring effort is substantial, it may be appropriate to
charge mitigation monitoring fees to support the actual costs of project -level mitigation monitoring.
In such cases, the appropriate City will charge and collect from the project proponent a fee in the
amount of the anticipated actual cost to the City for monitoring all mitigation measures, including
consultant services and costs of administration, for a project as described in this program. A deposit
may be required by the City to be applied toward this fee, if established by City resolution or
ordinance. Any unused portion of the deposit will be refunded. In the case of a project where the
applicant will not be associated with the project after construction, the City will charge the
anticipated cost of operation of the Mitigation Monitoring and Reporting Program for an appropriate
period in advance.
Sanctions/Penalties
The applicable City may levy sanctions or penalties established by resolution or ordinance for
violations of conditions listed in the monitoring program. These sanctions and penalties may
include:
1. Civil penalties/fines according to City codes.
2. "Stop work" orders.
3. Revocation of permits.
4. Holding issuance of Certificate of Occupancy until completion of work.
5. Forfeiture of performance bonds.
6. Agency implementation of measures with appropriate charges to the applicant based on
Mitigation Monitoring and Reporting Program agreements.
Dispute Resolution
In the event of a disagreement between the City and project applicants/operators regarding the
monitoring program, including manner of payment, penalties for noncompliance, and financial
security arrangements, the following procedure, or other appropriate procedure as provided for in the
applicable Tustin or Irvine Municipal Code, or CEQA Guidelines, will be followed:
SACcI&SCOTTEnviron rental et6TR Road Mitigation Monitoring Progrant.doc
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
The applicable City's representative will attempt to resolve the disagreement. If the
disagreement cannot be resolved, the applicable City's representative will prepare a report
documenting the source of the dispute and the City's position.
2. The applicable City's representative will take the report before the Community Development
Director, who will determine the resolution of the disagreement.
3. The decision of the Community Development Director may be appealed to the City Council
on payment of the City's standard fee for appeal. The decision of the City Council shall
determine the outcome of the appeal.
S:\Cdd\SCOTr\Environmental etc\TR Road Mitigation Monitoring Program.doc
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