HomeMy WebLinkAboutCC RES 04-77
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.
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.
Specific economic, legal, social, technological, or other
considerations make infeasible the mitigation measures or
alternatives identified in the EIR; and
2.
3.
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
Resolution No. 04-77
Page 1 of 3
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
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 FEI R 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.
Resolution No. 04--77
Page 2 of 3
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the 6th day of December, 2004.
~M
LOU BONE
Mayor
~;ruDa.~
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
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 the 6th day of
December, 2004 by the following vote:
COUNCILMEMBERAYES: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA
COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
COUNCILMEMBER ABSENT: NONE
(5 )
(0)
(0)
(0)
~
City Clerk
Resolution No. 04-77
Page 3 of 3
Resolution No. 04-77
Exhibit A
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
Section
TABLE OF CONTENTS
Page
I.
II.
III.
IV.
V.
VI.
VII.
INTRODUCTION
1
DESCRIPTION OF THE PROJECT
THE ADMINISTRATIVE RECORD
Contents of the Record
Location of Administrative Record
2
2
3
PURPOSE OF FINDINGS
4
INCORPORATION OF MITIGATION MEASURES INTO PROJECT DESIGN 5
FINDINGS CONCERNING SIGNIFICANT UNAVOIDABLE
ADVERSE IMP ACTS
Aesthetics
Cultural and Paleontological Resources
Agricultural Resources
Traffic/Circulation
Air Quality
Cumulative Impacts
Noise
6
6
6
8
8
12
16
19
FINDINGS CONCERNING SIGNIFICANT IMPACTS
REDUCED TO LESS THAN SIGNIFICANT LEVELS BY
MITIGATION MEASURES INCORPORATED INTO THE PROJECT
Land Use
Aesthetics
Cultural and Paleontological Resources
Biological Resources
Traffic/Circulation
Noise
21
21
22
23
25
26
28
Exhibit A
Section
VIII. FINDINGS CONCERNING LESS-THAN-SIGNIFICANT
IMPACTS WITH IMPLEMENTATION MEASURES
Air Quality
Utilities
Public Services and Facilities
Page
32
32
33
35
IX.
FINDINGS OF FACT CONCERNING PROJECT ALTERNATIVES
38
X.
STATEMENT OF OVERRIDING CONSIDERATIONS
Summary of Overriding Considerations
Adoption of Overriding Considerations
40
40
42
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRlDlNG CONSlDERA nONS
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 # I to the Final EIS/EIR for the Disposal and
Reuse ofMCAS 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 #1 to the FEISIEIR 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, 200 I.
In accordance with the requirements of CEQA, an Initial StudylNotice 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 #1 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 EISIEIR, 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 fi'om 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
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
connect this extension with Edinger A venue. 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 A venue 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 I 58-190-foot right-of-way consisting ora road
width of98-130 feet (curb-ta-curb) with a ten-foot landscaped median, and 30 feet beyond the curb face
for sidewalks and parkway landscaping tenninating 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 ofthe 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-turn lanes. As a result, the Walnut A venue 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 infonnation 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:
1.
Final Supplement # I to Final EIS/EIR and all documents relied upon or incorporated by reference in
the Final Supplement.
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
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 EISIEIR (DEISIEIR),
Final EISIEIR, Draft Supplement, or Final Supplement # I was considered by the City.
4
All testimony, documentary evidence, and correspondence in which the DEISIEIR, FEISIEIR, 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 21l67.6(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 #1 to FEISIEIR 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 CONSIDERA nONS
IV.
PURPOSE OF FINDINGS
Final Supplement # I to Final £IS/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 EIR. These
findings include one of the following:
I.
Changes or alterations have been required in, or incorporated into, the project which avoid or
substantially lessen the significant environmental effect as defined in the Final Supplement # I to Final
EIS/EIR, and in the Final EISIEIR.
2.
Such changes or alterations are within the responsibility and jurisdiction of another public agency and
not the agency making the finding. Such changes have been adopted by such other agency or can and
should be adopted by such other agency.
3.
Specific economic, legal, social, technological, or other considerations, including provision of
employment opportunities for highly trained workers, make infeasible the mitigation measures or
project alternatives identified in Final Supplement #1 to Final EIS/EIR and in the Final EIS/EIR.
These findings accomplish the following:
1.
They address the significant environmental effects identified in the Final Supplement #1 to Final
£IS/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.
3.
They indicate whether a significant effect is avoided or reduced by the 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 # I to 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.
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
v.
INCORPORATION OF MITIGATION MEASURES INTO PROJECT DESIGN
The mitigation measures identified in Final Supplement # 1 to Final EISÆIR and Finai EISÆIR 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 EISIEIR 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 OVERRJDlNGCONSIDERATIONS
VI.
FINDINGS CONCERNING SIGNIFICANT UNA VOIDABLE ADVERSE
IMPACTS
Final Supplement # I to Final EIS/EIR and Final EIS/EIR indicate that the project would result in significant
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 EISIEIR)
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/EIRand are discussed in Section VI. of these findings. Ifnot
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, ifboth 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 #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 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.
CUL ruRAL 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 ofthe 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
Hist-!
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Hist-2
Hist-3
Hist-4
Hist-5
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.
Curation - within 30 days ofthe execution ofthe 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 facility to a local curation facility. The City of Tustin or
its designee will also be provided with copies of these materials.
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.
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.
IfNPS and/or SHPO determine that, despite a marketing effort that complies with the terms
of the MOA or as agreed to by the CityofTustin/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 documental)' video.
DoN, the California State Historic Preservation Officer, the Advisol)' Council on Historic Preservation, the
Department ofthe 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 ofMCAS
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 EISIEIR as revised by Final Supplement #1 to Final EISIEIR and the entire record before
the Tustin City Council, the City Council finds that this impact is significant and unavoidable. The City
Exh;bitA
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
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 ofthe 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 EISIEIR
AND SECTION 2.4 OF FINAL SUPPLEMENT #1 TO FINAL EISIEIR)
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 Fannland and 20 acres of Fannland 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 fonner 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 fannland (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 fannland (infeasible because cost of doing so would exceed cost
of buying agricultural fannland); c) protecting existing fannland using agricultural easements (infeasible due to
cost of$1 05 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-tenn use), and/or Williamson Act applied to land
elsewhere in county (infeasible since only short-tenn 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 #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. 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.
TRAFFIC/CIRCULATION (SECTION 4.12 AND CHAPTER 7.0 OF THE FINAL EISIEIR AND
SECTION 5.1 OF FINAL SUPPLEMENT #1 TO FINAL EISIEIR)
IMPACT:
LONG-TERM TRAFFIC/CIRCULATION IMPACTS AT THE INTERSECTIONS OF
TUSTIN RANCH ROAD AND WALNUT A VENUE, AND JAMBOREE ROAD AND
BARRANCA PARKWAY
Exhibit A
Impact:
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSlDERA nONS
Mitigation
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)
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.
TIC-2
TIC-3
T/C-4
T/C-5
The City of Tustin and the City ofIrvine, 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 ofthe 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 /Tom 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.
The City of Tustin and the City ofIrvine, as applicable (forthat portion ofthe 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 FEISIEIR. The method of implementing the
improvements, e.g., restriping, ramp widening, shall be based on special design studies, in
association with Caltrans.
The City of Tustin and the CityofIrvine, 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- I 0 of the FEISIEIR
shall be constructed before any additional projects within the reuse plan area would be
approved.
Prior to approval of a site development penn it 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 ofIrvine, as applicable (for that portion of
the reuse plan area within Irvine) which assigns improvements required in the EISIEIR 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 FEISIEIR.
Exhibit A
T/C-6
FINDINGS OF FACT AND STATEMHH OF OVERRIDING CONSIDERATIONS
T/C-7
T/C-8
T/C-9
lA-I
The City of Tustin and the Cityoflrvine, 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 ADTthreshold shown in Table 4.12-1 0' of the FEIS/EIR is reached, the roadway
improvements listed shall be constructed before any additional projects within the reuse plan
area are approved.
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.
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/EIRmaybe identified in
consultation between the City of Tustin and the Cityoflrvine, as applicable, and the impacted
jurisdiction.
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 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
detennined 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 detennined by mutual agreement.
Prior to execution of the agreement, each jurisdiction would be allowed ten (10) working days
to review the technical report prior 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 ofthe improvements in each jurisdiction as stated above is fully addressed.
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 ITom Final FEISÆIR to match the
correct table numbers in the FEISÆIR.
Exhibit A
10
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
IA-2
IA-3
IA-4
IA-5
IA-6
Exhibit A
improvements listed in Table 4.12-10 of the FEISIEIR shall be constructed before any
additiona1 projects within the Specific Plan would be approved.
Table 7-3 ofthe 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 ofthe Specific Plan.
Prior to the approval of (1) a Planning Area Concept Plan pursuant to Section 4.2 of the
Specific Pian, (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 Table4.12-10 ofthe 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.
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 ofthe FEISIEIRand (b) address the impact of and specifY the
responsibility for any previously committed circulation improvements assumed in the EISIEIR
which have not been constructed.
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 FEISIEIR 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.
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 by the 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
11
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
transportation impacts in each jurisdiction, as listed above. 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
detennined 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 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-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 the jurisdiction of other agencies, those agencies can and should adopt them.
Findings
Based on Final Supplement # I to Final EISIEIR, the Final EISIEIR 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 ofan 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 FEISIEIR)
IMPACT:
AIR QUALITY IMPACTS FROM CONSTRUCTION
Impact:
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)
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-l
If detennined feasible and appropriate on a project-by-project basis, the City of Tustin and the
City ofIrvine, as applicable, shall require individual development projects to implement one
Exhibit A
12
FINDINGS Of fACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
or more of the following control measures, if not already required by the SCAQMD under
Rule403:
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 offreeboard (i.e., minimum vertical distance between top ofthe 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 ofIrvine, 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-l and AQ-2 require the City of Tustin and the CityofIrvine, 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 ofIrvine can and should adopt these mitigation
measures.
Findings
Based on the Final EISIEIR, as revised by Final Supplement #1 to Final EISIEIR, 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 ofIrvine. 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.
Exhibit A
13
IMPACT:
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Impact:
Mitigation
AIR QUALITY IMPACTS FROM MOBILE (VEHICULAR) AND STATIONARY
SOURCES
Long-term operation emissions from mobile (vehicular) and stationary sources would exceed
SCAQMD thresholds of significance for CO, NO" and ROC. (Reuse Plan)
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 quaiity impacts from mobile
(vehicular) and stationary sources. However, the residual effect will remain significant.
AQ-3
AQ-4
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 ofIrvine, as applicable, shall
impose a mix ofTDM 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 TOM 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 vanpoolloading 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).
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 CityofIrvine, as applicable, to require
projects to implement measures to reduce emissions of criteria pollutants during long-tenn operation if
detennined feasible and appropriate on a case-by-case basis. The City ofIrvine can and should adopt these
mitigation measures.
Findings
Based on the Final EISfEIR, as revised by Final Supplement #1 to Final EISIEIR, 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. 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
15
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERA nONS
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 considerationsjustity approval ofthe
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 EISIEIR AND
SECTION 5 OF FINAL SUPPLEMENT #1 TO FINAL EIS/EIR)
IMPACT:
CUMULATIVE AESTHETIC IMPACT
Impact:
Reuse ofMCAS Tustin and the possible resultant loss of both blimp hangars, in conjunction
with other development in Orange County (in particular, reuse of the fonner 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) ofthe Final EIS/EIR and are discussed in Section VI. ofthese findings. lfnot
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 haQgars 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 fonner
MCAS EI Toro, would contribute to significant cumulative visual impacts.
DoN, the California State Historic Preservation Officer, the Advisory Council on Historic Preservation, the
Department ofthe 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 CONSIDERA nONS
Findings
Based on the Final EISIEIR, 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. 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 eiigible
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 11 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 EISIEIR and in Section VI. ofthese 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 CityofTustin, and the County of Orange have entered
into a Memorandum of Agreement (MOA) regarding cultural and paleontological resources and the disposal
and reuse ofMCAS Tustin, which is included as Appendix H ofthe Final ElSIEIR. 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 ElSIEIR, as revised by Final Supplement #1 to Final ElS/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:
CUMULATIVE AGRICULTURAL RESOURCES IMPACTS
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 Fannland and other agricultural land being converted in Orange
County represents some ofthe last remaining agricultural land in the County. (MCAS Tustin
Reuse Plan project and Tustin Ranch Road Extension project)
Exhibit A
t7
fiNDINGS OF FACT AND 5T A TEMENT 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 fannland (infeasible because cost of doing so would exceed cost
of buying agricultural farmland); c) protecting existing fannland using agricultural easements (infeasible due to
cost of$1 05 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). Impact
will be significant, in-eversible, and unavoidable.
Findings
Based on Final Supplement # I to Final EISIEIR, 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 Oven-iding Considerations.
IMPACT:
CUMULATIVE TRANSPORTATION/CIRCULATION IMPACTS
Impact:
The analysis of project-level impacts in Final Supplement #1 to Final EISIEIR and the Final
EISIEIR 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 # I 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 EISIEIR, 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 OVERRlDING CONSIDERATIONS
City Council further finds that those measures listed above which are within the responsibility andjurisdiction
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 considerations justifY approval
of the project notwithstanding this impact as more fully described in the Statement of Overriding
Considerations.
IMPACT:
CUMULATIVE AIR QUALITY IMPACTS
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-l 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 ofIrvine 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#! to FinalEIRlEIS as Mitigation MeasuresNR-
I through NR-7. The City will adopt those measures. Ifprivate 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#I to Final EIS/EIRand 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 CONSIDERA nONS
economic, legal, social, technological, or other considerations justifY approval ofthe project notwithstanding
this impact as more fully described in the Statement of Overriding Considerations.
Exhibit A
20
VII.
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
FINDINGS CONCERNING SIGNIFICANT IMP ACTS REDUCED TO LESS-
THAN-SIGNIFICANT LEVELS BY MITIGATION MEASURES
INCORPORATED INTO THE PROJECT
Final Supplement #1 to Final ElS/EIR and Final EIS/EIR identiJy significant impacts that are reduced to a
"Iess-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 detennined 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 EISIEIR)
IMPACT:
Impact:
Mitigation
LAND USE
Land use categories would not be consistent with the City of Tustin General Plan, the Tustin
zoning ordinance, the City of Irvine General Plan, and the Irvine zoning ordinance. Planned
development may have compatibility impacts between land uses. (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 mitigate the impact to less-than-significant levels.
LV-I
LV-2
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.
The City ofIrvine 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 LV-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 ElSIEIR, as revised by Final Supplement #1 to Final EISIEIR 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 STATEMENT OF OVERRIDING CONSIDERA nONS
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 iflandscaping 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 Measnres
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: I requires the City ofIrvine to implement an urban design plan. The CityofIrvine can
and should adopt this mitigation measure.
Findings
Based on the Final EISIEIR, as revised by Final Supplement # I 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 EISIEIR, 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.
22
Exhibit A
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:
Impact:
ARCHAEOLOGICAL RESOURCES
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-]
Arch-2
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.
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 City ofIrvine 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 #] 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 Measnres
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-l.
ExhMA
Prior to issuance of a grading permit, the City of Tustin shall retain, as appropriate, a county
certified archaeologist. Ifburied resources are found during grading within the portion of the
23
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Findings
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.
Based on Final Supplement # I 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.
IMPACT:
Impact:
PALEONTOLOGICAL RESOURCES
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-I
Paleo-2
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.
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 ifthey are found.
Mitigation measures Paleo-I 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
ofIrvine 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:
Exhibit A
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
24
HNDINGS OF FACT AND STATEMENT OF OVERRlDINGCONSIDERATlONS
similar geologic fonnations 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-l.
PR-2.
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.
Prior to the issuance of a grading penn it, the City shall retain a county-certified paleontologist
to conduct salvage excavation of unique paleontological resources if they are found.
Mitigation measures PR-I 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 EISIEIR)
IMPACT:
Impact:
BIOLOGICAL RESOURCES
Approximately 12.8 acres of jurisdictional waters would be indirectly impacted by channel
improvements by OCFCO. 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-I
The project proponents of any development affecting jurisdictional waters of the U.S. or
vegetated wetlands shall obtain Section 404, Section 160 I, and other penn its as necessary. A
replacement ratio for affected wetland resources shall be detennined in consultation with
regulatory agencies as part of the pennittingprocess. The actions proposed on Peters Canyon
Exhibit A
25
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
Bio-2
Bio-3
Bio-4
Channel shall be mitigated by the OCFCD who is the project proponent for flood control
improvements.
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 identity actual sites prior to completion of
consultation with CDFG and with potential property owners and/or appropriate public
agencies.
Penn its from the CDFG shall be obtained for live-capture of the turtles and for transporting
them to the relocation site.
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-l requires that project proponents of any development affectingjurisdictional waters
of the U.S. and OCFCD replace affected wetland resources at a ratio determined in consultation with
regulatory agencies as part of the pennitting 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 penn its shall be obtained for
live-capture ofturtles. 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 potentinl 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 #1 TO FINAL EIS/EIR)
IMPACT:
Impact:
SHORT-TERM TRAFFIC/CIRCULATION IMPACTS FROM CONSTRUCTION
There would be potential short-tenn 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
26
FINDINGS OF FACT AND STATEMENT OF OVERRIDING CON5lDERA TIONS
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-I
In conjunction with the approval of a site development permit, the City of Tustin and the City
ofIrvine, 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-tenn or interim changes
in traffic patterns. The City of Tustin and the City oflrvine, 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 ofIrvine can
and should adopt this mitigation measure.
Findings
Based on the Final EISIEIR, as revised by Final Supplement # I to Final EISIEIR, 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 EISIEIR, 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:
Impact:
LONG-TERM TRAFFIC/CIRCULATION IMPACTS
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 unmitigable
impacts are discussed in Section VI. of these findings. All other impacts wQuld be less than
significant with mitigation. (MCAS Tustin Reuse Plan project)
Mitigation Measures
The mitigation measures for long-tenn 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 OVERRlDING CONSIDERA nONS
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 # I to Final EIS/EIR, and the entite 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 pQíential 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 cam 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. (Tuslin Ranch Road
Extension project)
Mitigation Measures
The following mitigation measure is hereby adopted and will be implemented as set forth in t\le MMRP. This
measure will mitigate the impacts to less-than-significant levels.
TC-I.
A westbound shared through/right-turn lane shall be added to the Redhill Avenue/Warner
Avenue intersection.
Findings
Based on Final Supplement #] to Final EIS/EIRand the entire record before the Tustin City Gouncil, the City
Council finds that changes or alterations have been incorporated into the project that will avo~d the significant
effects as identified in Final Supplement #1 to Final EIS/EIR, by reducing potential effetts to less-than-
significant levels. The City Council further finds that those measures listed above whicl} are within the
responsibility and jurisdiction of an agency or agencies other than the City of Tustin car¡ and should be
adopted.
NOISE (SECTION 4.]4 AND CHAPTER 7.0 OF THE FINAL EISIEIR AND SECTION 5.3 IN
FINAL SUPPLEMENT #] TO FINAL EISIEIR)
IMPACT:
LONG-TERM NOISE IMPACTS FROM OPERATION
Impact:
The proposed extension of Tustin Ranch Road could expose existing resìdences to noise
levels greater than 65 dB(A) CNEL. Some existing residential units withih the reuse area
may experience noise levels greater than 65 dB(A) CNEL. With r~use and future
development, noise levels at residential and park locations adjacent to Wafl!ler 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 fort ¡ in the MMRP.
These measures will mitigate the impact to less-than-significant levels.
Exhibit A
28
N-I
FINDINGS OF FACT ANO STATEMENT OF OVERRIDING ÇONSIDERA nONS
N-2
N-3
N-4
Prior to reuse of any existing residential units within the reuse area for civiliaIj use, the City of
Tustin or the City ofirvine, as applicable, and where necessary and feasible, $hall require the
installation of noise attenuation barriers, insulation, or similar devices to ens¡¡re that interior
and exterior noise levels at these residential units do not exceed applicable moise standards.
During design of the grade-separated intersection of Tustin Ranch Road at Bdinger A venue,
the City of Tustin shall evaluate potential noise impacts on surrounding properties to the
northeast of Edinger Avenue and shall incorporate into the design ofthis intersection noise
attenuation measures determined appropriate and feasible by the City of Tt1stin, in order to
ensure that these surrounding properties do not experience noise levels tha1 exceed City of
Tustin noise standards.
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 t :¡ose 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.
Prior to the connection of Warner Avenue to the North Loop Road or the Sduth Loop Road,
the City of Tustin shall conduct an acoustical study to assess reuse traffic I)oise impacts to
existing sensitive receptors adjacent to Warner A venue, between Harvard Avenue and Culver
Drive. If mitigation of reuse traffic noise impacts is required, the City of Tustin and the City
ofirvine shall enter into an agreement that defines required mitigation and which allocates the
cost of mitigation between the City of Tustin and the City ofIrvine on a fait share basis.
Mitigation measures N-1 through N-4 require the City ofirvine to take steps to reduce potential noise impacts.
The City oflrvine 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 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 wC1uld 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 aItd 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 CONSIDERA nONS
Mitigation Measures
The following mitigation measures are hereby adopted and will be implemented as set fort~ in the MMRP.
These measures will mitigate the impact to less-than-significant levels. '
NR-l.
NR-2.
NR-3.
NR-4.
NR-5.
Findings
Prior to opening the proposed segment of Tustin Ranch Road to traffic, the, City will
install a sound wall that achieves the exterior (i.e., 65 dBA) residential nois~ 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 1 O-foot wall
Receptors 7 and 8 Proposed 8-foot wall
Receptors 9 through 15
feet south of Receptor 21
Proposed 6-foot wall
Receptors I through 13 require forced air ventilation (see Exhibit 5.3-2 in 1he Draft
Supplement for receptor locations). If Receptors I through 13 do not curre~tly have
forced air ventilation, the City shall provide forced air ventilation prior to t\le opening of
the proposed segment of Tustin Ranch Road to traffic.
Receptors 14 through 21 that have a second story will require forced air ve(ltilation in the
second story. Ifthese 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.
Prior to the opening of the proposed segment of Tustin Ranch Road to traff¡c, all second-
story windows and/or sliding glass doors in habitable rooms of the residendes along the
proposed alignment that view the proposed alignment shall be fitted with açoustic-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 il1terior noise
level of no more than 45 dBA CNEL. Non-sensitive uses (e.g., bathrooms) do not require
such assemblies.
All second-story exterior doors in habitable rooms of the residences along 1he proposed
alignment that view the proposed alignment shall be fitted with solid-core ~ssemblies that
are well sealed with weather-stripping.
Based on Final Supplment#1 to Final EISIEIR, the Final EISIEIR and the entire record before the Tustin City
Council, the City Council finds that changes or alterations have been incorporated into the Jroject that will
avoid the significant effects as identified in Final Supplement #1 to Final EISIEIR and the Flinal EISIEIR 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
Impact:
FINOINGS OF FACT AND STATEMENT OF OVERRlDINGiCONSIDERA nONS
Noise modeling indicated that the year 2005 and 2020 traffic noise levels atlthe First Baptist
Church would result in an exterior noise level of 69.0 and 70.7 dBA Leq(j2), respectively
and an interior noise level of 49.0 and 50.7 dBA Leq(12), respectively. (MC~S 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 fort~ 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 1 O-foot high wall along the eastern easement of Tustin Ranch Roa~ 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 fittedl with acoustic-
rated window assemblies. The assemblies shall have a sound transmission Iclass (STC)
rating of no less than 35 and the STC shall be high enough to achieve an iqterior 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 beforjethe 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 Rinal EIS/EJR by
reducing potential effects to less-than-significant levels. The City Council further finds thaj those measures
I isted above which are within the responsibil ity and jurisdiction of an agency or agencies other than the City of
Tustin, can and should be adopted.
Exhibit A
31
FINDINGS OF FACT AND 5T A TEMENT OF OVERRIDING fONSIDERATIONS
VIII. FINDINGS CONCERNING LESS-THAN-SIGNIFICANT IMPA!CTS WITH
IMPLEMENTATION MEASURES
Final Supplement #1 to Final EISIEIR and the Final EISIEIR identifY implementation measur~s 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 b~ required where
environmental impacts are less than significant, but to support proposed development within t~e MCAS Tustin
Reuse project area and the extension of Tustin Ranch Road concurrent with demand, additio~al measures are
required. For these purposes, both implementation measures and mitigation measures are id~ntified and are
equally enforceable. It is hereby determined that these implementation measures will ensure tþat construction
activities limit air emissions and utilities and public services and facilities are provided wheJ!¡ needed.
!
AIR QUALITY (SECTION 5.2 OF FINAL SUPPLEMENT #1 TO FINAL EISIEIf)
IMPACT: SHORT-TERM CONSTRUCTION-RELATED EMISSIONS
Impact:
Short-term emissions associated with Tustin Ranch Road will include fugiti~e dust and other
particulate matter, as well as exhaust emissions, generated by earthmovin~ activities and
operation of grading equipment during site preparation and grading. Daily efissions would
not exceed the daily construction threshold values recommended by the SCk'\QMD.(Tustin
Ranch Road Extension project)
Implementation Measure
The following implementation measure is hereby adopted and will be implemented as set fort\! in the MMRP.
AQ-l.
During construction of the proposed roadway extension, the following njeasures will be
implemented to comply with existing SCAQMD Rules and Regulations: :
Rule 1113 that regulates the VOC content of any paints and surface cbatings that may
be used in construction.
. Rule 1108 that that regulates the VOC content of any asphalt used !n construction.
SCAQMD Rules 402 and 403 that regulate the control of fugitive ~ust and visible
emissions.
All stationary equipment (e.g., generators and compressors) rated lin excess of 50
horsepower is subject to SCAQMD permitting. '
Findings
Based on Final Supplement #1 to Final EISIEIR and the entire record before the Tustin Citycjouncil, the City
Council finds that changes or alterations have been incorporated into the project that will avoïd the significant
effects as identified in Final Supplement #1 to Final EISIEIR, by reducing potential effeçts to less-than-
significant levels. The City Council further finds that those measures listed above whic~ 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
UTILITIES (SECTION 4.3 AND CHAPTER 7.0 OF THE FINAL EISIEIR)
FINDINGS OF FACT AND STATEMENT OF OVERRIDING pONSIDERATIONS
NEED: PROVISION OF UTILITIES CONCURRENT WITH DEMAND
Need:
To support proposed development in the reuse plan area, backbone utility ~ystems 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)
(b)
(c)
(d)
(e)
(t)
(g)
Exhibit A
The City of Tustin or City of Irvine, as appropriate, shall ensure that ~nfrastructure is
constructed in phases as triggered by identified thresholds in Table 4.3-1 ohhe FEIS/EIR.
The Phasing Plan provides an organizational framework to facilitate developtÞent of the reuse
plan area in tandem with infrastructure necessary to support the planned ddelopment. This
framework reflects the fact that each component of the infrastructure has its o~n threshold for
accommodating additional development toward build-out of the reuse ~lan area. The
triggering mechanisms that identity timing of key infrastructure provisions arþ summarized in
Table 4.3-1 of the FEIS/EIR.
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 apd City oflrvine
and any appropriate regional utility agencies, districts, and providers, af applicable, to
dedicate all easement, rights-of-way, or other land detennined necessary to coflstruct adequate
utility infrastructure and facilities to serve the project as determined by the city, agency,
district, or other providers.
Prior to any final map recordation (except for financing and conveyanc~ purposes), the
development applicant shall enter into a secured agreement with the cities <Df Tustin and/or
Irvine, as applicable, to participate on a pro-rated basis in construc~ion of capital
improvements necessary to provide adequate utility facilities. '
Prior to the issuance of penn its for any public improvements or develo~ment project, a
development applicant shall submit to the City of Tustin and City of Irvin~, as applicable,
infonnation from IRWD which outlines required facilities necessary to ptovide adequate
potable water and reclaimed water service to the development. '
Prior to the issuance of the certificates of use and occupancy, the project Ideveloper shall
ensure that fire hydrants capable of flows in amounts approved by the OCF Ai are in place and
operational to meet fire flow requirements. :
Prior to the issuance of penn its for any public improvements or develo¡:1ment project, a
development applicant shall submit to the City of Tustin and City of Irvin~, as applicable,
infonnation from IRWD, OCSD, or the City of Tustin which outlines re~uired facilities
necessary to provide adequate sanitary sewage service to the development. !
Prior to the issuance of grading penn its or approval of any subdivision rhap (except for
financing and reconveyance purposes), whichever occurs first, for develop¡nent within the
I OO-year flood plain, grading and drainage systems shall be designed by the þroject developer
33
Exhibit A
(h)
(i)
UJ
FINDINGS OF FACT AND STATEMENT OF OVERRIDING fONSIDERATIONS
such that all building pads would be safe from inundation from runoff from fill storms up to
and including the theoretical I DO-year storm, to the satisfaction ofthe City offrustin Building
Division or the Irvine Public Works Department, as applicable. Gra1ing permits or
subdivision maps generated for financing and reconveyance purposes are exempt.
Prior to construction of regional flood control facilities, appropriate st.te and federal
approvals, including agreements and permits, shall be obtained. These include but are not
limited to Regional Water QualityControl Board permits, including NPDES permits; Section
404 permits from the USACOE, and Section 160 I or 1603 agreements frorrj the CDFG in a
manner meeting the approval of the City of Tustin and the Irvine Public Wdks Department,
as applicable. I
Prior to issuance of any grading permit or approval of any subdivision $ap (except for
financing and conveyance purposes), for any development that is either partiailly or completely
located within the 100-year flood plain of the Flood Insurance Rate Map, t~e development
applicant shall submit all required documentation to the FEMA and dem~strate that the
application for a Conditional Letter of Map Revision for changes to the 100- ear flood plain
is satisfied in a manner meeting the approval of each respective city, as app icable.
Prior to the approval of any applicable subdivision map (except for financing~nd conveyance
purposes), the developer-applicant shall design and construct local draintge systems for
conveyance ofthe lO-year runoff. If the facility is in a local sump, it shal be designed to
convey the 25-year runoff. '
(k)
Prior to any grading for any new development, the following drainage $tudies shall be
submitted to and approved by the City ofTustin, City ofIrvine, and/or OCFCP, as applicable:
(I)
A drainage study including diversions (i.e., off-site areas that dr~in onto and/or
through the project site), with justification and appropriate mit¡gation for any
proposed diversion; ¡
(2)
A drainage study evidencing that proposed drainage patterns wo"¡ld not result in
increased I DO-year peak discharges within and downstream of the p~oject limits, and
would not worsen existing drainage conditions at storm drains, cul~erts, and other
street crossings including regional flood control facilities. The ~tudy shall also
propose appropriate mitigation for any increased runoff causÌllg a worsening
condition of any existing facilities within or downstream ofl project limits.
Implementation of appropriate interim or ultimate flood contrql infrastructure
construction must be included. '
(3)
Detailed drainage studies indicating how, in conjunction witþ the drainage
conveyance systems including applicable swales, channels, street flo1"s, catch basins,
storm drains, and flood water retarding, building pads are made *fe from runoff
inundation which may be expected ftom all storms up to and includirjg the theoretical
1 DO-year flood. '
(1)
Prior to approval of any subdivision map (except for financing or conveyan~e purposes), an
agreement will be executed with the OCFCD that provides for the id~ntification and
contribution of a project-specific fair share contribution toward the constru<jtion of ultimate
flood control facilities needed to accommodate build-out of the affected projeft. Interim flood
34
FINDINGS OF FACT AND STATEMENT OF OVERRlDING ~ONSIDERA TIONS
control facilities may be considered for approval provided such faciliti9 meet OCFCD
requirements. Nothing shall preclude the City of Tustin from transferring th~ obligation onto
other project developers within the project area.
Findings
Based on the Final EIS/EIR, as revised by Final Supplement #1 to Final EISIEIR, and the ent~re record before
the Tustin City Council, the City Council finds that these implementation measures have b en incorporated
into the project. The City Council further finds that those measures listed above whic are within the
responsibility and jurisdiction of the City ofIrvine or other agency or agencies other than th City of Tustin
can and should be adopted. !
PUBLIC SERVICES AND FACILITIES (SECTION 4.4 AND CHAPTER 7.0 OF THE FINAL
EISIEIR)
NEED:
,
PROVISION OF PUBLIC SERVICES AND FACILITIES CONCUi,l.RENT 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)
(n)
Exhibit A
The City of Tustin and the City ofIrvine, each within its respective jurisdiction, shall ensure
that adequate fire protection, police protection, and parks and recreation faci lities (including
bikeways/trails) needed to adequately serve the reuse plan area shall be proviqed as necessary.
To eliminate any negative impact the project could have on each communitfs general fund,
financing mechanisms including but not limited to developer fees, asstssment district
financing, and/or tax increment financing (in the event that a redevelopmeIjt 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 in¡o an agreement
with City of Tustin or the City of Irvine, as applicable, to establ sh a fair-share
mechanism to provide needed fire and police protection services and par s and recreation
facilities (including bikeways) through the use of fee schedules, ass ssment district
financing, Community Facility District financing, or other mechanism as detennined
appropriate by each respective city. I
,
I
(2) Recipients of property through public conveyance process shall be req*red to mitigate
any impacts of their public uses of property on public services and facilities.
I
I
The cities of Tustin and Irvine shall jointly consult and coordinate with the
OCPFRD/Harbors, Beaches and Parks, Program Management and Coordinakion Division, in
preparation of trail designs for the Peters Canyon and Barranca trails withip the reuse plan
35
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING ONSIDERA TIONS
area. Improvements for each of these trails would be installed upon comþletion of flood
control channel improvements and approval oftheir joint use by the OCPFfD.
I
Fire Protection/Emergency Medical Services
i
(0) Prior to the first final map recordation or building permit issuance for developtent (except for
financing and reconveyances purposes), the project developer could be requi ed to enter into
an agreement with the City of Tustin or City of Irvine/OCFA, as applic bIe, to address
impacts of the project on fire services. Such agreement could include parti ipation for fire
protection, personnel and equipment necessary to serve the project and elimi ate any negative
impacts on fire protection services. I
I
(p) Prior to issuance of building permits, the project developer shall work closely wIth the OCF A to
ensure that adequate fire protection measures are implemented in the proje¥
i
I
(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 v~hicle access is
adequate. I
i
(r) Prior to the issuance of building penTIits, the project developer shall submit a fire~Ydrant location
plan for the review and approval of the Fire Chief and ensure that fire hyd ants capable of
flows in amounts approved by the OCFA are in place and operational t meet fire flow
requirements. I
Police Protection
(s)
I
Prior to issuance of building permits, the project developer shall work 410sely with the
respective Police Department to ensure that adequate security precautions ar4 implemented in
~~~ .
I
I
Schools
I
(t) Prior to the issuance of certificates of use and occupancy, the project developer s~all submit to the
respective City proof of payment of appropriate school fees adopted by the aþplicable school
district. '
Parks and Recreation
i
(u) Prior to the first final map recordation (except for financing and reconveyanþe purposes) or
building penTIit issuance for development within the City of Tustin portiOlk of the site, the
project developer shall be required to provide evidence of compliance with rll requirements
and standards of the City of Tustin Park Code. ,
I
(v) Prior to the first final map recordation or building penTIit issuance within thþ City of Irvine
portion of the site, the project developer shall be required to provide eviden4e of compliance
with all requirements and standards of the City ofIrvine Park Code. I
I
(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 forlthe project area
with the City of Tustin. The district shall include public neighborhood ~arks, landscape
36
fiNDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
improvements, and specific trails (Barranca only), the medians in arterials, ~r other eligible
items mutually agreed to by the petitioner and the City of Tustin. In the even that a district is
not established prior to issuance of the first building permit, maintenance of terns mentioned
above shall be the responsibility of a community association. '
(x) "Prior to approval of any subdivision map (except for financing or conveyanqe purposes), an
agreement will be executed with the following agencies for the associated tra11 improvements:
I
a. County of Orange Harbors, Beaches - identification of a project-S~CifiC fair share
contribution toward the installation of necessary regional bikeway tra'i improvements
within Peters Canyon Channel, to be installed in conjunction with the C unty of Orange's
other channel improvements; I
,
b. City of Tustin -the identification of a project-specific fair share contri ution toward the
installation of Class II bicycle trails through the project site. For the area of the site
northeast ofIrvine Center Drive, a separate agreement would be requi d to ensure the
provision of a bikeway right-of-way easement, and design and construct on of a bike trial
along the SCRRA/OCT A rail tracks from Harvard A venue westerly to t e Peters Canyon
Channel. In addition, project developers of the areas of the site southe st of the Peters
Canyon Channel would need to accommodate access to both the Peters anyon Trail and
the trail adjacent to the SCRRA/OCTA tracks in any project site ~esign including
dedication of any necessary recreational trail easements; ,
c.
City of Tustin X the identification of a project-specific fair-share coítribution toward
installation of Class I bikeway trail improvements northerly of B rranca Parkway
after completion of the Barranca Channel improvements. For propos d developments
adjacent to Barranca Channel, separate agreements would be requi*ed to ensure the
establishment of a bikeway right-of-way easement between Jambor4e Road and Red
Hill Avenue.
Findings
I
Based on the Final EISIEIR, as revised by Final Supplement # I to Final EISIEIR, and the entIre record before
the Tustin City Council, the City Council finds that these implementation measures have b~en incorporated
into the project. The City Council further finds that those measures listed above whic~ are within the
responsibility and jurisdiction of the City ofIrvine or other agency or agencies other than the qity of Tustin can
and should be adopted. !
37
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING ONSIDERATIONS
IX.
FINDINGS OF FACT CONCERNING PROJECT ALTERNATIYES
i
I
I
Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15091, t~e City of Tustin
(City) upon review of Final Supplement # I to the Final EIS/EtR including the commen~f and responses
therein, and based on all the information and evidence in the records, hereby makes the finïings set herein:
CEQA and the CEQA Guidelines require that an EIR "describe a range ofreasonabie altematires to the project
orto location of the project, which would feasibly attain most of the basic objectives of the Pfoject but would
avoid or substantially lessen any of the significant effects of the project..." (CEQA Gui elines, Section
15 I 26.6(a)). Ifa project alternative will substantially lessen the significant environmental effe ts ofa proposed
project, the decision maker shall not approve the proposed project unless it determines that Sïcific economic,
legal, social, technological, or other considerations make the alternatives infeasible. The find ngs with respect
to alternative to the project identified in Final Supplement # I to the Final EISÆIR are describ d in this section.
i
INTRODUCTION
REASONABLE RANGE OF AL TERNA TIVES
I
The Final EISIEIR analyzed a reasonable range of alternatives, including the DON DisposallAlternative, the
LRA Reuse Alternative (described in the Final EISIEIR as Alternative 1), two other alternati~es (described in
the Final EISIEIR as Alternatives 2 and 3), and the No Action Alternative (described in the *nal EISIEIR as
Alternative 4). The alternatives presented in the Final EIS/EIR were developed based on ap~icable laws and
from extensive public and other public agency input during the reuse planning process (as des ibed in Chapter
2.0 of the Final EISIEIR). These alternatives focused on different programmatic objectives 'dentified by the
City, DON, the City's Base Closure Task Force, the public, and other public agencies. :
Final Supplement #1 to the Final EISIEIR evaluated an additional alternative specific to t~ Tustin Ranch
Road Extension between Walnut Avenue and future alignment of Valencia North Loop Roa . There are no
feasible alternative alignments for the extension of Tustin Ranch Road that would meet the p ~ect objectives.
However, Final Supplement #1 to the Final EISIEIR evaluated the No Extension of Tus in Ranch Road
Alternative in the event that there is no extension of Tustin Ranch Road between Walnut venue and the
future alignment of Vat en cia North Loop Road. The evaluation found that the No Extension þfTustin 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 temative is not
considered environmentally superior to the Tustin Ranch Road Extension project, and this al ernative would
also not meet the objectives of the Tustin Ranch Road Extension project.
PROJECT OBJECTIVES
The objectives of the disposal and reuse ofMCAS Tustin are:
(I)
(2)
(3)
(4)
(5)
i
i
Offset the negative socioeconomic effects caused by the Base Realignment 1nd Closure Act;
Reuse these properties under an economically viable and balanced reuse pIt";
Provide housing and employment opportunities; i
Solve existing community circulation and recreation parkland deficiencies; land
Generate sufficient revenue (property tax, sales tax or others) to support t* investment in
infrastructure required to improve the site for civilian purposes. '
The objectives ofthe Extension of Tustin Ranch Road are:
Exhibit A
38
FINDINGS OF FACT AND STATEMENT OF OVERRIDING þONSIDERA nONS
(1 )
To extend Tustin Ranch Road as mitigation to serve future circulation nee~s of the
approved Reuse Plan for the MCAS Tustin.
To construct Tustin Ranch Road to complete a portion of the Circulation Element of the
Tustin General Plan.
(2)
(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 considØred in the Final
EIS/EIR and evaluates the environmental impacts associated with the alternative "No Extdnsion 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 n<1>ise impacts.
FINDINGS REGARDING ALTERNATIVE (NO EXTENSION OF TUSTIN RANCH
ROAD)
Under the No Extension of Tustin Ranch Road Alternative, Tustin Ranch Road would e¡ d 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 ofPRC § 21O81(a)(3), due to
economic, legal, social, technological, environmental or other considerations. The Alternati~e would create
additional significant environmental impacts and would not meet the project objectives to the degree of the
Project:
1.
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 traffic.
3.
As discussed on page 20 of the Traffic Analysis (Appendix B of Final Supplement #1 to the Final
EISIEIR), 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 ilito 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 ofthe Reuse Plan.
39
Exhibit A
FINDINGS OF FACT AND STATEMENT OF OVERRIDING ¡::ONSIDERATIONS
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 detennij,ing whether to
approve the project. Ifthe Tustin City Council allows the occurrence of significant effects through approvai 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.)
(b)
(c)
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 environm~ntal risks when
detennining 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."
When the lead agency approves a project which will result in the occurrence of significant effects,
which are identified in the final EIR but are not avoided or substantially lessened, íhe agency shall
state in writing the specific reasons to support its action based on the final EIR and/or other
infonnation in the record. The statement of overriding considerations shall be supported by
substantial evidence in the record.
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 detennination. 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 statemept of overriding
considerations regarding the remaining unavoidable impacts identified within Final Supplement #1 to the
Final EISIEIR for the Extension of Tustin Ranch Road Between Walnut A venue and the Futua-e 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 detennines that the benefits of the Reuse Plan (Alternative I) 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, technoløgical or other
considerations which support approval ofthe project.
Exhibit A
40
FINDINGS OF FACT AND STATEMENT OF OVERRJDlNG ÇONSlDERA TIONS
SIGNIFICANT UNA VOIDABLE IMPACTS
Unavoidable or potentially unavoidable significant environmental effects of the project identified in Final
Supplement # I to Final EIRIEIS, the Final EISIEIR and Findings ofSignificantImpacts include the following:
The loss of both hangars would be a significant unmitigable visual impact. (MCAS TlI1stin 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 elimiinated. (MCAS
Tustin Reuse Plan project)
Existing fannland would no longer be cultivated. Project development will result in tbe conversion of
approximately 682 acres of Prime Farmland and 20 acres of Farmland of Statewide Importance for a
total of702 acres ofFannland 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 segment$. 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 (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 phas~s ofthe project.
(MCAS Tustin Reuse Plan project)
Long-tenn operation emissions from mobile (vehicular) and stationary sources would exceed
SCAQMD thresholds of significance for CO, NO" 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 c<:>njunction with
other development in Orange County (in particular, reuse of the fonner MCAS El Toto), 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 oþ 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 ofFannland. While this
conversion is typical in Orange County, the cumulative impact would be signific$l! because this
Fannland and other agricultural land being converted in Orange County represents some of the last
remaining agricultural land in the County. (MCAS Tustin Reuse Plan project and Tu$tin Ranch Road
Extension project)
Exhibit A
41
FINDINGS OF FACT AND STATEMENT OF OVERRlDING ¡;ONSIDERA nONS
The analysis of project-level impacts in Final Supplement # I to Final EIS/EIR and th~ 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 intersettions of Tustin
Ranch Road and Walnut A venue, and Jamboree Road and Barranca Parkway under fì.¡]l buildout (year
2020). (MCAS Tustin Reuse Plan project and Tustin Ranch Road Extension projec~)
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 NR I -NR 7, 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 ~ith 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 of~set the negative
socioeconomic effects caused by the Base Realignment and Closure Act (BRAC) and the resultant closure of
MCAS Tustin to the greatest degree ofthe alternatives considered. Specifically, the project ~ill 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 ofthe alternajives considered.
The City finds that the benefits of reuse of MCAS Tustin and implementation of the ExNnsion of Tustin
Ranch Road override the significant impacts associated with the project.
The approval ofthe MCAS, Tustin Reuse Plan Project will enable the City of Tustin to prov¡de a substantial
amount of both employment and housing opportunities. Specifically, the project will providei n,40 1 jobs, the
greatest number of jobs 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 Røad override the
significant impacts associated with the project.
The approval of the MCAS, Tustin Reuse Plan Project will enable the City of Tustin tØ solve existing
community circulation and recreation parkland deficiencies to the greatest degree of (he alternatives
considered. The project will result in approximately 85 acres of parkland, the greatest amouIl1t of parkland of
the alternatives. The project will connect local and regional thoroughfares and will resl.1lt 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 unmitigable traffic impacts. The City finds that
the benefits of reuse ofMCAS 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 geherate sufficient
revenue (property tax, sales tax or others) to support the investment in infrastructure requirell to improve the
site for civilian purposes to the greatest degree of the alternatives considered. The City findslthat the benefits
of reuse ofMCAS 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 only the northern blimp hangar, if financially feasible.
The City finds that the benefits of reuse ofMCAS Tustin and implementation ofthe ExtensionlofTustin Ranch
Road override the significant impacts associated with the project.
The proposed extension of Tustin Ranch Road between Walnut Avenue and the future alignIj¡ent 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 ~alnutAvenue,
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 A venue. The Tustin Ranch Road Exteqsion Project will
also provide adequate capacity to accommodate existing and future local and regional tramc based on the
forecast traffic modeling described in the Traffic Analysis for Tustin Ranch Road dated l'i1arch 10, 2004,
prepared by Kimley-Horn and Associates, Inc. (See Draft Supplement).
As presented on page II of the Traffic Analysis, the Tustin Ranch Road Extension Proj~ct will improve
conditions at several intersections in 2005, but not sufficiently to eliminate the mitigation ne~ds identified in
the FEIR. If the Tustin Ranch Road Extension Project were not constructed, there would be significanttraffic
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 j-lighways and in
the Circulation Element ofthe Tustin General Plan. Major Arterials are multilane roadways 4esigned to carry
a substantial volume of local and regional traffic. They are also designed with concentrated ~ccess locations
and allow minimum driveways, which have been shown to reduce roadway capacity due to thie 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 Avenueias shown in the
Traffic Analysis. Conformity is a requirement of the Orange County Growth Managenilent Element to
participate in the County's Measure M Program, which is the primary transportation funding¡ program for the
County. One of the goals ofthe County's Growth Management Plan Element is to reduce tI\lffic congestion
and ensure that adequate transportation facilities are provided for existing and future resideJts. This project
will meet these goals. This project is also included as one ofthe planned transportation imp*ovements in the
City's Growth Management Element of the General Plan.
L:\env\700S\731\finding.wpd
Exhibit A
43
O;sp",a\ and Reuse of MCAS TusOn EIS/EIR and
Extension ofTusHn Ranch Road
SCH No.19407\ 005
Resolution No. 04-77
Exhibit B
Mitigation Monitoring and Reporting Prograrn for
Final Supplement #1 to Final EIS/EIR .
For the Disposal and Reuse of MCAS Tusti~
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
S:ICddlSCOTI\Environmenta\ etclTR Road MiIigat;on MoniIoring Program.doc
D;sposal and Reuse of MCAS TusHn EISÆIR and
Extension ofTusHn Ranch Road
SÇHNo.194071005
This Mitigation Monitoring and Reporting Program has been prepared in accord~nce with the
requirements of the California Environmental Quality Act (CEQA) Section 21081.6.1 Its purpose is
to provide for accomplishment of mitigation measures required by Final Supplem~nt #1 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 IFinal
EISIEIR 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 SupplemeJ(lÌ #1 to Final
EISIEIR and Final EISIEIR have been incorporated into a checklist. Each mitigatiop 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 implementatio~ measure.
The appropriate agency to enforce the mitigation measure or implementati~n measure.
Mitigation Monitoring and Reporting Program Management
The MCAS Tustin Reuse and Tustin Ranch Road Extension projects include a nllIl1!ber of
mitigation measures. To coordinate implementation of the Mitigation Monitoring ¡fud 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 will1:1e managed by
the City of Tustin, as applicable to the City's jurisdiction. The City will undertake anlannual review
of the Mitigation Monitoring and Reporting Program as applicable to Tustin and wrepare a brief
progress memorandum based on that review. The reviewer, the Community Develo¡þment Director
or designee, will check each mitigation measure in the Mitigation Monitoring :¡md Reporting
Program to determine whether or not that implementation measure is complete. Wthe mitigation
measure has been completed for the project, the reviewer should line through the miti$;ation 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.
S:ICdd\SCOlTlEnvironmental etclTR Road MitigaHon Monitoring Program.doc
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension ofTustin Ranch Road
~CHNo.194071005
For measures that are ongoing measures, the memorandum should report whether the~e 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 ~hat 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 ~o improve the
application of the mitigation measure.
Implementation of Program-Level Mitigation Measures
Program-level mitigation measures (for the MCAS Tustin Reuse project) are meas¡jres that do not
apply to individual development projects, but which apply at the overall program l~vel. They are
implemented through the regular actions of the City of Tustin Community Development Department,
City ofIrvine Community Development Department, or other applicable departmeIl1ts 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 (T¡j¡stin or Irvine)
planning review process and discretionary project review. When a development pnjject within the
Reuse Plan Area is submitted for planning review to each City, each respective pl¡$ling 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 ~nsure 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 exteriorllighting plans.
Such measures may be nonnally 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 mitigati@n measures or
S!\Cdd\SCOT1\Environmental etc\TR Road Mitigation Monitoring Program.doc
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension ofTustin Ranch Road
SCHNo.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 e<ilch 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 coJ;lstruction. 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 far 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 constructioJ;l. Monitoring
will be verified by building, public works, or grading inspectors as appropriate durin¡g 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 m~asures should
be verified on an annual basis, and if problems are noted, reinspected on a more reg¡¡lar 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 ofMCAS Tustin
identify both mitigation measures and implementation measures. Implementation mttasures are not
mitigation measures. They are state or federal regulations and/or required by the Uni~orm Building
Codes adopted by the City.
Implementation measures may be required where environmental impacts are less th~ significant,
but state or federal regulations or City ordinances required their implementations. For these
S:\Cdd\SCOTI\Env;ronmental etc\TR Road MiÜgation Monitoring Program.doc
Disposal and Reuse of MCAS Tustin EIS!EIR and
Extension ofTustin 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 ofproject-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 meastlres, including
consultant services and costs of administration, for a project as described in this prog~am. 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.
SanctionslPenalties
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.
2.
3.
4.
5.
6.
Civil penalties/fines according to City codes.
"Stop work" orders.
Revocation of pennits.
Holding issuance of Certificate of Occupancy until completion of work.
Forfeiture of perfonnance bonds.
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:
S:\Cdd\SCOmEnvironmenlal etc\TR Road Mitigation Monitoring Program. doc
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension ofTustin Ranch Road
SCH No.I94071O05
1.
The applicable City's representative will attempt to resolve the disagre(j:ment. 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 ofthe 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\SCOTI\EnvironmenIa! etc\TR Road Mitigation Monitoring Program.doc
Disposal and Reuse of MCAS Tustin EIVEIR and
Extension of Tustin Ranch Road SCH No. 194071005
Mitigation Monitoring and Reporting Program
MCAS TUSTIN DISPOSAL AND REUSE
AND
EXTENSION OF TUSTIN RANCH ROAD
Measure
Measure
Timing and Implemen
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
Mitigation Measures for Land Use
LU -1.
The City of Tustin shall amend its General Plan and
Prior to a final map recordation
City of Tustin
Community Development
zoning ordinance to be consistent with planned land uses.
(except for financing and
Department (Tustin)
Any zoning ordinance shall include site design measures
reconveyance purposes) within
such as buffering, landscaping, screening, and setbacks, to
the Reuse Plan Area within the
ensure high quality development and compatibility
City of Tustin.
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
Prior to a final map recordation
City of Irvine
Community Development
zoning ordinance to be consistent with planned land uses.
(except for financing and
Department (Irvine)
Any zoning ordinance shall include site design measures
reconveyance purposes) within
such as buffering, landscaping, screening, and setbacks, to
the Reuse Plan Area within the
ensure high quality development and compatibility
City of Irvine.
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.
S:\ MSCOTnEnvironmental etc\TR Road Mitignion Monitoring Program.doc 7 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
Implementation Measures for Utilities
(a)
The City of Tustin or City of Irvine, as appropriate, shall
See Table 4.3-1 of the Final
City of Tustin and/or City of
Community Development
ensure that infrastructure is constructed in phases as
EIS/EIR or Table 1 at the end of
Irvine, as applicable
Department (Tustin and/or
triggered by identified thresholds in Table 4.3-1 of the
this Mitigation Monitoring and
Irvine, as applicable)
Final EIS/EIR (see Table 1 at the end of this Mitigation
Reporting Program for each
Monitoring and Reporting Program). The Phasing Plan
specific triggering mechanism.
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 (see Table 1 at the end of this
Mitigation Monitoring and Reporting Program).
(b)
Prior to a final map recordation (except for financing and
Prior to final map recordation
Project developer
Community Development
reconveyance purposes), the development applicant shall
(except for financing and
Department (Tustin and/or
enter into an agreement with the City of Tustin and City
reconveyance purposes).
Irvine, as applicable)
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.
SACMSCOTI\Environmental etc\TR Road Mitigation Monitoring Program.doe 8 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
(c)
Prior to any final map recordation (except for financing
Prior to final map recordation
Project developer
Community Development
and conveyance purposes), the development applicant
(except for financing and
Department (Tustin and/or
shall enter into a secured agreement with the cities of
reconveyance purposes).
Irvine, as applicable)
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
Prior to the issuance of permits
Project developer
Community Development
improvements or development project, a development
for any public improvements or
Department (Tustin and/or
applicant shall submit to the City of Tustin and City of
development project.
Irvine, as appropriate)
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
Prior to the issuance of the
Project developer
Community Development
occupancy, the project developer shall ensure that fire
certificates of use and occupancy.
Department (Tustin and/or
hydrants capable of flows in amounts approved by the
Irvine, as appropriate);
OCFA are in place and operational to meet fire flow
OCFA
requirements.
(f)
Prior to the issuance of permits for any public
Prior to the issuance of permits
Project developer
Community Development
improvements or development project, a development
for any public improvements or
Department (Tustin and/or
applicant shall submit to the City of Tustin and City of
development project.
Irvine, as applicable)
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.
SAUMCOTREnvironmental etc\TR Road Mitigation Monitoring Program.doc 9 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No.194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
(g)
Prior to the issuance of grading permits or approval of any
Prior to the issuance of grading
Project developer
Tustin Building Division or
subdivision map (except for financing and reconveyance
permits or approval of any
the Irvine Public Works
purposes), whichever occurs first, for development within
subdivision map (except for
Department, as applicable
the 100 -year flood plain, grading and drainage systems
financing and reconveyance
shall be designed by the project developer such that all
purposes), whichever occurs first.
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,
Prior to construction of regional
Project developer
Public Works Department
appropriate state and federal approvals, including
flood control facilities.
(Tustin and/or Irvine, as
agreements and permits, shall be obtained. These include
applicable)
but are not limited to Regional Water Quality Control
Board permits, including NPDES 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
Prior to issuance of any grading
Project developer
Tustin Building Division or
subdivision map (except for financing and conveyance
permit or approval of any
the Irvine Public Works
purposes), for any development that is either partially or
subdivision map (except for
Department, as applicable
completely located within the 100 -year flood plain of the
financing and conveyance
Flood Insurance Rate Map, the development applicant
purposes).
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
S9Cdd\SCOTnEnvironmental etc\TR Road Mitigation Monitoring Program.dw 10 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
is satisfied in a manner meeting the approval of each
respective city, as applicable.
SACWSCOTTEnvironmental etc\TR Road Mitigation Monitoring Program.doc 11 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EWER and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
Q)
Prior to the approval of any applicable subdivision map
Prior to the approval of any
Project developer
Public Works Department
(except for financing and conveyance purposes), the
applicable subdivision map
(Tustin and/or Irvine, as
developer -applicant shall design and construct local
(except for financing and
applicable)
drainage systems for conveyance of the 10 -year runoff. If
conveyance purposes).
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
Prior to any grading for any new
Project developer
Tustin Building Division or
following drainage studies shall be submitted to and
development.
Public Works Department
approved by the City of Tustin, City of Irvine, and/or
(Tustin and/or Irvine, as
OCFCD, as applicable:
applicable)
(1) A drainage study including diversions (i.e.,
Prior to any grading for any new
Project developer
off-site areas that drain onto and/or through the
development.
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
of the 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.
SAU&SCOTBEnvironmental etc\TR Road Mitigation Monitoring Program.doc 12 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranh Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
(k)
(3) Detailed drainage studies indicating how, in
Tustin Building Division or
(cont.)
conjunction with the drainage conveyance
Public Works Department
systems including applicable swales, channels,
(Tustin and/or Irvine, as
street flows, catch basins, storm drains, and flood
applicable)
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
Prior to approval of any
City of Tustin
Tustin Public Works
financing or conveyance purposes), an agreement will be
subdivision map (except for
Department, Tustin
executed with the OCFCD that provides for the
financing or conveyance
Community Redevelopment
identification and contribution of a project -specific fair
purposes).
Agency
share contribution toward the construction of ultimate
flood control facilities needed to accommodate build -out
of the affected project. Interim flood 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.
S:\Cd&SCOTIIEnvironmental etc\TR Road Mitigition Monitoring Program.doc 13 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
Implementation Measures for Public Services and Facilities
(m)
General
Tustin Community
Development Department,
The City of Tustin and the City of Irvine, each within its
Prior to final map recordation or
Police Department, or Parks
respective jurisdiction, shall ensure that adequate fire
building permit issuance.
Department or the City of
protection, police protection, and parks and recreation
Irvine, and/or OCFA, as
facilities (including bikeways/trails) needed to adequately
appropriate
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
Project developer
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
Property recipients
conveyance process shall be required to mitigate
S:\Cd&SCOTT\Environmental etc\TR Road Mitigation Monitoring Program.doc 14 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
any impacts of their public uses of property on
public services and facilities.
SAU&SCOMEnvironmental etc\TR Road Mitigation Monitoring program.doc 15 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
(n)
The cities of Tustin and Irvine shall jointly consult and
Ongoing prior to implementation
City of Tustin and City of
Community Development
coordinate with the OCPFRD/Harbors, Beaches and
of Peters Canyon and Barranca
Irvine
Department (Tustin and/or
Parks, Program Management and Coordination Division,
trails.
.Irvine, as applicable)
in preparation of trail designs for the Peters Canyon and
Barranca trails within the reuse plan area. Improvements
for each of these trails would be installed upon
completion of flood control channel improvements and
approval of theirjoint use by the OCPFRD.
(o)
Fire Protection/Emergency Medical Services
Prior to the first final map
Project developer
Tustin Community
recordation or building permit
Redevelopment Agency and
Prior to the fust final map recordation or building permit
issuance for development (except
the City of Irvine
issuance for development (except for financing and
for financing and reconveyances
reconveyances purposes), the project developer could be
purposes).
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 necessary to serve the project and eliminate
any negative impacts on fire protection services.
(p)
Prior to issuance of building permits, the project
Prior to issuance of building
Project developer
Community Development
developer shall work closely with the OCFA to ensure
permits.
Department (Tustin and/or
that adequate fire protection measures are implemented in
Irvine, as applicable)
the project.
(q)
Prior to issuance of building permits for phased projects,
Prior to issuance of building
Project developer
Community Development
the project developer shall submit a construction phasing
permits for phased projects.
Department (Tustin and/or
plan to the OCFA demonstrating that emergency vehicle
Irvine, as applicable)
access is adequate.
SAU&SCOTIAEnvironmental etc\TR Road Mitigption Monitoring Progra .doc 16 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
(r)
Prior to the issuance of building permits, the project
Prior to issuance of building
Project developer
Community Development
developer shall submit a fire hydrant location plan for the
permits.
Department (Tustin and/or
review and approval of the Fire Chief and ensure that fire
Irvine, as applicable)
hydrants capable of flows in amounts approved by the
OCFA are in place and operational to meet fire flow
requirements.
(s)
Police Protection
Prior to issuance of building
Project developer
Community Development
permits.
Department (Tustin and/or
Prior to issuance of building permits, the project
Irvine, as applicable)
developer shall work closely with the respective Police
Department to ensure that adequate security precautions
are implemented in the project.
(t)
Schools
Prior to the issuance of
Project developer
Community Development
certificates of use and occupancy.
Department (Tustin and/or
Prior to the issuance of certificates of use and occupancy,
Irvine, as applicable)
the project developer shall submit to the respective City
proof of payment of appropriate school fees adopted by
the applicable school district.
(u)
Parks and Recreation
Prior to the first final map
Project developer
Tustin Community
recordation (except for financing
Development Department
Prior to the first final map recordation (except for
and reconveyance purposes) or
and Parks and Recreation
financing and reconveyance purposes) or building permit
building permit issuance.
Department
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.
SACMSCOT-REnvironmcntal etc\TR Road Mitigption Monitoring Program.doc 17 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
(v)
Prior to the first final map recordation or building permit
Prior to the first final map
Project developer
Irvine Community
issuance within the City of Irvine portion of the site, the
recordation (except for financing
Development Department
project developer shall be required to provide evidence of
and reconveyance purposes) or
compliance with all requirements and standards of the
building permit issuance.
City of Irvine Park Code.
(w)
Prior to the first concept plan for tentative tract map in the
Prior to the first concept plan for
Project developer
Tustin Public Works
City of Tustin, the project developer shall file a petition
tentative tract map.
Department; Tustin
for the creation of a landscape maintenance district for the
Community Redevelopment
project area with the City of Tustin. The district shall
Agency
include public neighborhood parks, landscape
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 prior to issuance of
the fust 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
Prior to approval of any
Project developer
Community Development
financing or conveyance purposes), an agreement will be
subdivision map (except for
Department (Tustin and/or
executed with the following agencies for the associated
financing or conveyance
Irvine, as applicable)
trail improvements:
purposes).
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;
S:\ WSCOT REnvironmental etc\TR Road Mitigition Monitoring Program.doc 18 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin E1S/E1R and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
(x)
b. City of Tustin —the identification of a
Prior to the first final map
Project developer
Tustin Community
(cont.)
project -specific fair share contribution toward the
recordation (except for financing
Development Department
installation of Class II bicycle trails through the
and reconveyance purposes) or
and/or SCRRA/OCTA, as
project site. For the area of the site northeast of
building permit issuance.
appropriate
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;
c. City of Tustin — the identification of a
Prior to the first final map
Project developer
Tustin Community
project -specific fair -share contribution toward
recordation (except for financing
Development Department
installation of Class I bikeway trail improvements
and reconveyance purposes) or
northerly of Barranca Parkway after completion of
building permit issuance.
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.
SAU&SCOMEnvironmental etc\TR Road Mitigation Monitoring Program.doc 19 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Rmch Road
SCH No. 194071005
MeasureTiming
and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
Mitigation Measures for Aesthetics
Vis -1
In conjunction with any zoning ordinance amendments to
Prior to the first final map
City of Tustin and City of
Community Development
implement the reuse plan in Tustin or Irvine, an urban
recordation (except for financing
Irvine
Department (Tustin and/or
design plan shall be adopted to provide for distinct and
and reconveyance purposes) or
Irvine, as applicable)
cohesive architectural and landscape design, features and
building permit issuance.
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.
S1CdMCOTT\Environmenta1 etc\TR Road Mitigation Monitoring Program.doc 20 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
MeasureTiming
and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
Mitigation Measures for Cultural and Paleontological Resources
Hist -1
Historic American Building Survey (HABS) - DON will
Prior to conveyance to City of
Department of the Navy
Department of the Navy
complete the appropriate recordation for hangars 28 and
Tustin
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 MOA,
Within 30 days of the execution
Department of the Navy
Department of the Navy
Department of the Navy will Department of the Navyate
of the MOA
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 facility to a local
curation facility. The City of Tustin or its designee will
also be provided with copies of these materials.
Arch -I
Prior to issuance of grading permits, the four -acre parcel
Prior to issuance of grading
Project developer
Tustin Community
currently outside the boundaries of the Air Station along
permits.
Development Department
Harvard Avenue shall be surveyed to determine the
presence/absence of archaeological resources prior to
grading.
SAU&SCOTREnvironmental etc\TR Road Mitigation Monitoring Program.doc 21 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
Arch -2
Prior to issuance of grading permits, the cities of Tustin
Prior to issuance of grading
City of Tustin
Community Development
and Irvine shall each require applicants of individual
permits.
Department
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.
AR -1-
Prior to issuance of a grading permit, the City of Tustin
Prior to issuance of a grading
City of Tustin
Community Development
shall retain, as appropriate, a county -certified
permit (for the Tustin Ranch
Department
archaeologist. If buried resources are found during
Road Extension project)
grading within the portion of the 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.
Hist -3
As specified in the MOA, a substantive effort will be
Ongoing, prior to making
Department of the Navy and
Tustin Community
made to determine whether there is an economically
substantial changes to Hangar 28
County of Orange
Redevelopment Agency
viable adaptive use of Hangar 28 and Hangar 29.
or Hangar 29.
Hist -4
If the marketing effort identifies an economically viable
Prior to making substantial
Department of the Navy
Tustin Community
adaptive use of either of the complexes, that complex will
changes to Hangar 28 or Hangar
Development Department
be encumbered by a historic preservation covenant. In the
29.
case of the Hangar 28 complex, these measures shall
SAU&SCOMEnvironmental etc\TR Road Mitigation Monitoring Program.doc 22 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
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
Prior to making substantial
Department of the Navy
NPS, SHPO, and Department
effort that complies with the terms of the MOA or as
changes to Hangar 28.
of the Navy
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 Department of the Navy and notify
the City of Tustin/County of Orange that the following
measures are required.
SAU&SCOMEnvironmental etc\TR Road Mitigation Monitoring Program.doc 23 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin E1S/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
Hist -5
a. Written History - The City of Tustin/County of
Prior to making substantial
Department of the Navy
NPS, SHPO, and Department
(cont.)
Orange shall prepare an illustrated history report on
changes to Hangar 28.
of the Navy
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 It 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.
Paleo-1
The cities of Tustin and Irvine shall each require
Prior to issuance of grading
Project developer
Community Development
applicants of individual development projects to comply
permits.
Department (Tustin and/or
with the requirements established in a PRMP prepared for
Irvine, as applicable)
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
Prior to issuance of grading
Project developer
Community Development
a county -certified paleontologist has been retained to
permits.
Department (Tustin and/or
conduct salvage excavation of unique paleontological
Irvine, as applicable)
resources if they are found.
SAU&SCOTT Environmental etc\TR Road Mitigation Monitoring Program.doc 24 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
Mitigation Measures for Biological Resources
PR -la
The City of Tustin shall comply with the requirements
During grading and construction
City of Tustin
Community Development
established in the Paleontological Resources Management
activities.
Department
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 -2a
Prior to the issuance of a grading permit, the City shall
Prior to the issuance of a grading
City of Tustin
Community Development
retain a county -certified paleontologist to
permit.
Department
conduct salvage excavation of unique paleontological
resources if they are found.
Bio -1
The project proponents of any development affecting
Prior to issuance of grading
Project developer
Tustin Community
jurisdictional waters of the U.S. or vegetated wetlands
permits or any public
Development Department
shall obtain Section 404, Section 1601, and other permits
improvements within pond turtle
and/or OCFCD, as
as necessary. A replacement ratio for affected wetland
habitat.
appropriate
resources shall be determined in consultation with
regulatory agencies as part of the permitting process. The
actions proposed on Peters Canyon 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
Prior to issuance of grading
City of Tustin and/or
Tustin Community
project proponent as applicable, an off-site relocation site
permits or any public
project developer, as
Development Department
for southwestern pond turtles captured on site shall be
improvements within pond turtle
appropriate
identified that is as close to the reuse plan area as
habitat.
possible, and that is sustainable in perpetuity. (No
SAU&SCOTIAEnvironmental etc\TR Road Mitigation Monitoring Program.doc 25 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
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.
SACMSCO IT1Environmental etc\TR Road Mitigation Monitoring Program.doc 26 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Raich Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
Bio -3
Permits from the CDFG shall be obtained for live -capture
Prior to issuance of grading
Project developer
Tustin Community
of the turtles and for transporting them to the relocation
permits or any public
Development Department
site.
improvements within pond turtle
habitat.
Bio -4
An agreement shall be negotiated with the CDFG, City of
Ongoing
City of Tustin and/or
Tustin Community
Tustin, project proponent, or other agency or organization
project developer, as
Development Department
as appropriate, for contribution of funds to improve,
appropriate
restore, or create the relocation site as turtle habitat.
Mitigation Measures for Traffic/Circulation
T/C-1
Construction
Prior to site development permit.
Project developer
Public Works Department
In conjunction with the approval of a site development
(Tustin or Irvine, as
applicable)
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.
I \Environmental etc\TR Road Mitigation Monitoring Program.doc 27 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
T/C-2
Development
Prior to issuance of certificates of
Project developer
Public Works Department
occupancy.
(Tustin or Irvine, as
The City of Tustin and the City of Irvine, as applicable
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 Final EIS/EIR (see Tables 2 and 4 and at the
end of this Mitigation Monitoring and Reporting
Program) 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
See Table 4.12-8 of the Final
Project developer
Public Works Department
(for that portion of the reuse plan area within Irvine), shall
EIS/EIR or Table 3 at the end of
(Tustin or Irvine, as
contribute, on a fair share basis, to improvements to
the Mitigation Monitoring and
applicable)
freeway ramp intersections as listed in Table 4.12-8 of the
Reporting Program for each
Final EIS/EIR (see Table 3 at the end of the Mitigation
specific triggering mechanism.
Monitoring and Reporting Program). The method of
implementing improvements, e.g., restriping, ramp
widening, shall be based on special design studies, in
association with Caltrans.
SAU&SCOT71Environmental etc\TR Road Mitigation Monitoring Program.doc 28 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Reich Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
T/C-4
The City of Tustin and the City of Irvine, as applicable
Ongoing (see Table 4.12-10 of
Project developer
Public Works Department
(for that portion of the reuse plan area within Irvine), shall
the Final EIS/EIR or Table 5 at
(Tustin or Irvine, as
ensure that all on-site circulation system improvements
the end of the Mitigation
applicable)
for the reuse plan area assumed in the 2005 and 2020
Monitoring and Reporting
traffic analysis and as shown in Table 4.12-10 of the Final
Program for each specific
EIS/EIR (see Table 5 at the end of the Mitigation
triggering mechanism.
Monitoring and Reporting Program) 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
Final EIS/EIR (see Table 5 at the end of the Mitigation
Monitoring and Reporting Program) shall be constructed
before any additional projects within the reuse plan area
would be approved.
I t �nvironmental etc\tR Road Mitigation Monitoring Program.doe 29 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
T/C-5t
Prior to approval of a site development permit or vesting
Ongoing, prior to approval of a
Project developer
Public Works/Community
tract, except for financing or conveyance purposes, for all
site development permit or
Development Departments
land use designation areas in Alternative 1 with the
vesting tract, except for financing
(Tustin and/or Irvine, as
exception of the Learning Village, Community Park, and
or conveyance purposes, based on
applicable)
Regional Park, a project developer shall enter into an
the ADT generation thresholds
agreement with the City of Tustin and City of Irvine, as
shown in Tables 4.12-7, 4.12-8,
applicable (for that portion of the reuse plan area within
4.12-9, and 4.12-10 of the Final
Irvine) which assigns improvements required in the
EIS/EIR (see Tables 2 through 5
EIS/EIR to the development site and which requires
at the end of the Mitigation
participation in a fair share mechanism to design and
Monitoring and Reporting
construct required on-site and arterial improvements
Program for each specific
consistent with the ADT generation thresholds shown in
triggering mechanism).
Tables 4.12-7, 4.12-8, 4.12-9, and 4.12-10 (see Tables 2
through 5 at the end of the Mitigation Monitoring and
Reporting Program).
T/C-6t
The City of Tustin and the City of Irvine, as applicable
Ongoing, based on the ADT
Project developer
Public Works and
(for that portion of the reuse plan area in Irvine), will
generation thresholds shown in
Community Development
monitor new development within the reuse plan area,
Table 4.12-10 of the Final
Departments (Tustin and/or
accounting for the cumulative ADTs generated by
EIS/EIR (see Table 5 at the end
Irvine, as applicable)
development projects within the reuse plan area. As each
of the Mitigation Monitoring and
cumulative ADT threshold shown in Table 4.12-10 (see
Reporting Program for each
Table 5 at the end of the Mitigation Monitoring and
specific triggering mechanism).
Reporting Program) is reached, the roadway
improvements listed shall be constructed before any
additional projects within the reuse plan area are
approved.
Table references in the mitigation measures have been changed from Final FEIS/EIR to match the correct table numbers in the FEIS/EIR.
environmental etc\I K Koad Mitigation Monitoring Program.doc 30 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EtR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
T/C-7
The City of Tustin shall adopt a trip budget for individual
Within one (1) year of project
City of Tustin
Tustin Public Works and
portions of the reuse plan area to assist in the monitoring
approval, and ongoing thereafter.
Community Development
of cumulative ADTs and the amount and intensity of
Departments
permitted non-residential uses as evaluated in the
EIS/EIR.
T/C-8
Alternative improvements that provide an equivalent level
Ongoing
City of Tustin and/or City of
Public Works and
of mitigation in 2005 or 2020 to what is identified in
Irvine
Community Development
Tables 4.12-7, 4.12-8, and 4.12-9 of the Final EIS/EIR
Departments (Tustin and/or
(see Tables 2 through 4) at the end of the Mitigation
Irvine, as applicable)
Monitoring and Reporting Program) 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
Within one (1) year of project
City of Tustin, City of
Public Works and
Caltrans and the cities of Santa Ana and Irvine to ensure
approval.
Irvine
Community Development
that the off-site roadway improvements needed to mitigate
Departments (Tustin and/or
the effects of the proposed alternative are constructed
Irvine, as applicable)
pursuant to improvement programs established by the
respective jurisdiction.
In order to properly coordinate the timing and
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
S:\ WSCOT11Environmental etc\TR Road Mitigation Monitoring Program.doc 31 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
T/C-9
would be acceptable to each jurisdiction toward fulfilling
Within one (1) year of project
City of Tustin, City of
Community Development
(cont.)
the timing and cost of the transportation improvement
approval.
Irvine
and Public Works
obligations as required to mitigate transportation impacts
Departments of the City of
in each jurisdiction. The funding for the improvements to
Tustin and the City of Irvine
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 report prior to being provided with a copy of the
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.
S9Cdd1SCOT71Environmental etc\TR Road Mitiption Monitoring Program.doc 32 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
TC -I'
A westbound shared through/right-tum lane shall be
Opening Tustin Ranch Road
City of Tustin
Public Works Department
added to the Redhill Avenue/Warner Avenue intersection
Extension.
IA -1
Table 4.12-10 of the Final EIS/EIR (see Table 5 at the
See Table 4.12-10 of the Final
City of Tustin
Community Development
end of the Mitigation Monitoring and Reporting Program)
EIS/EIR or Table 5 at the end of
and Public Works
presents the Phasing Plan for the on-site circulation
the Mitigation Monitoring and
Departments (Tustin and/or
system. The Phasing Plan is based upon traffic circulation
Reporting Program for each
Irvine, as applicable)
impact and mitigation analyses contained in the Traffic
specific triggering mechanism.
Report (Final Appendix F of the Final EIS/EIR). 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
improvements listed in Table 4.12-10 of the Final
EIS/EIR (see Table 5 at the end of the Mitigation
Monitoring and Reporting Program) shall be constructed
before any additional projects within the Specific Plan
would be approved.
IA -2
Table 7-3 of the Final EIS/EIR (see Table 6 at the end of
See Table 7-3 of the Final
City of Tustin
Tustin Community
the Mitigation Monitoring and Reporting Program)
EIS/EIR or Table 6 at the end of
Development and Public
presents the Trip Budget which summarizes the square
the Mitigation Monitoring and
Works Departments
footage of non-residential uses allocated to each
Reporting Program for each
neighborhood by Planning Area and the associated ADT.
specific triggering mechanism.
(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.
SACMSCOTIAEnvironmental etc\TR Road Mitigation Monitoring Program.doc 33 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Raich Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
IA -3
Prior to the approval of (1) a Planning Area Concept Plan
Prior to the approval of (1) a
Project developer
Tustin Community
pursuant to Section 4.2 of the Specific Plan, (2) a site
Planning Area Concept Plan
Development and Public
development permit, or (3) a vesting tentative map for
pursuant to Section 4.2 of the
Works Departments
new square footage (not for financing or conveyance
Specific Plan, (2) a site
purposes), a project developer shall provide traffic
development permit, or (3) a
information consistent with the provisions of the Specific
vesting tentative map for new
Plan, this EIS/EIR and the requirements of the City of
square footage (not for financing
Tustin Traffic Engineer. The traffic information shall (a)
or conveyance purposes).
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 Final EISBIR (see
Table 5 at the end of the Mitigation Monitoring and
Reporting Program); (b) evaluate the effects of either the
delay of any previously committed circulation
improvements or the construction of currently
unanticipated circulation improvements; and (c) utilize the
circulation system and capacity assumptions within the
EIS/EIR and any additional circulation improvements
completed by affected jurisdictions for the applicable
timeframe of analysis.
IA -4
Prior to the issuance of building permits for new development
Prior to the issuance of building
Project developer
Tustin Community
within planning areas requiring a concept plan, a project
permits.
Development and Public
developer shall enter into an agreement with the City of Tustin
Works Departments
to (a) design and construct roadway improvements consistent
with the ADT generation Phasing Plan described in Table
4.12-10 of the Final EIS/EIR (see Table 5 at the end of the
Mitigation Monitoring and Reporting Program) and (b) address
the impact of and specify the responsibility for any previously
committed circulation improvements assumed in the EIS/EIR
which have not been constructed.
S:\Cdd\SCOTT\Environmental etc\TR Road Mitiption Monitoring Program.doc 34 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin IIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
IA -5
If a subsequent traffic Phasing Plan demonstrates that
Ongoing
City of Tustin
Tustin Public Works and
certain circulation improvements should be included in a
Community Development
different phase of Specific Plan development (accelerated
Departments
or delayed) or that a circulation improvement can be
substituted, the mitigation Phasing Plan in Table 4.12-10
of the Final EIS/EIR (see Table 5 at the end of the
Mitigation Monitoring and Reporting Program) 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
Within one (1) year of approval
City of Tustin
Tustin Public Works and
Caltrans and the cities of Santa Ana and Irvine to ensure
of reuse and disposal of MCAS
Community Development
that the off-site roadway improvements needed to mitigate
Tustin
Departments
the effects of the Specific Plan are constructed pursuant to
improvement programs established by the respective
jurisdiction.
SACU SCOTREnvironmental etc\TR Road Mitigation Monitoring Program.doc 35 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No.194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
IA -6
In order to properly coordinate the timing and funding of
Within one (1) year of approval
City of Tustin
Public Works and
(cont.)
fair share obligation of Specific Plan improvements in the
of reuse and disposal of MCAS
Community Development
adjacent jurisdictions, the City of Tustin shall hold a
Tustin
Departments (Tustin, Irvine,
scoping -like meeting with the respective jurisdictions.
and Santa Ana), and Caltrans
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 obligations of the Specific Plan as
required to mitigate transportation impacts in 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 each jurisdiction, as listed
above. 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 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 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.
S:\U&SCOTMEnvironmental etc\TR Road Mitigation Monitoring Program.doc 36 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
IA -7
Each Specific Plan project would contain, to the
Prior to issuance of grading
Project developer
Community Development
satisfaction of the City of Tustin and/or City of Irvine, as
permits
Department (Tustin and/or
applicable, a pedestrian circulation component showing
Irvine, as applicable)
pedestrian access to regional hiking trails, parks, schools,
shopping areas, bus stops, and/or other public facilities.
Mitigation Measures for Air Quality
AQ -1
If determined feasible and appropriate on a
Prior to issuance of grading or
Project developer
Community Development
project -by -project basis, the City of Tustin and the City of
building permits.
Department (Tustin and/or
Irvine, as applicable, shall require individual development
Irvine, as applicable)
projects to implement one or more of the following
control measures, if not already required by the
SCAQMD under Rule 403:
- Apply water twice daily, or chemical soil stabilizers
according to manufacturers' specifications, to all
unpaved parking or staging areas or unpaved road
surfaces at all actively disturbed sites.
- Develop a construction traffic management plan that
includes, but is not limited to, rerouting construction
trucks off congested streets, consolidating truck
deliveries, and providing dedicated 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.
S %U&SCOTREnvironmental etc\TR Road Mitigation Monitoring Progam.doc 37 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
AQ -1
- Reduce traffic speeds on all unpaved roads to 15
(cont.)
mph or less.
- Pave construction roads that have a traffic volume of
Prior to issuance of grading or
Project developer
Community Development
more than 50 daily trips by construction equipment or
building permits.
Department (Tustin and/or
150 total daily trips for all vehicles.
Irvine, as applicable)
- 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).
SAUMCOTf\Environmental etc\TR Road Mitigption Monitoring Program.doc 38 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
AQ -1
- Install wheel washers where vehicles enter and exit
(cont.)
unpaved roads onto paved roads, or wash off trucks
and any equipment leaving the site each trip.
AQ -2
Unless determined by the City of Tustin and the City of
Prior to issuance of grading or
Project developer
Community Development
Irvine, as applicable, to be infeasible on a
building permits.
Department (Tustin and/or
project -by -project basis due to unique project
Irvine, as applicable)
characteristics, each city shall require individual
development projects to use low VOC architectural
coatings for all interior and exterior painting operations.
AQ -3
Prior to the issuance of development permits for new non-
Prior to issuance of development
Project developer
Community Development
residential projects with 100 or more employees, and
permits for new non-residential
Department (Tustin and/or
expanded projects where additional square footage would
projects with 100 or more
Irvine, as applicable)
result in a total of 100 or more employees, the City of
employees and expanded projects
Tustin and the City of Irvine, as applicable, shall impose a
where additional square footage
mix of TDM measures which, upon estimation, would
would result in a total of 100 or
result in an average vehicle ridership of at least 1.5, for
more employees
each development with characteristics that would be
reasonably conducive to successful implementation of
such TDM measures. These TDM measures may include
one or more of the following, as determined appropriate
and feasible by each city on a case-by-case basis:
S:\Cdd\SCOTPEnvironmental etc\TR Road Mitigation Monitoring Program.doc 39 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194091005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
AQ -3
- Establish preferential parking for carpool vehicles.
Prior to issuance of development
Project developer
Community Development
(cont.)
- Provide bicycle parking facilities.
permits for new non-residential
Department (Tustin and/or
- Provide shower and locker facilities.
projects with 100 or more
Irvine, as applicable)
- Provide carpool and vanpool loading areas.
employees and expanded projects
- Incorporate bus stop improvements into facility
where additional square footage
design.
would result in a total of 100 or
- Implement shuttles to shopping, eating, recreation,
more employees
and/or parking and transit facilities.
- Construct remote parking facilities.
- Provide pedestrian circulation linkages.
- Construct pedestrian grade separations.
- Establish carpool and vanpool programs.
- Provide cash allowances, passes, and other public
transit and purchase incentives.
- Establish parking fees for single occupancy vehicles.
- Provide parking subsidies for rideshare vehicles.
- Institute a computerized commuter rideshare
matching system.
- Provide a guaranteed ride -home program for
ridesharing.
- Establish alternative work week, flex -time, and
compressed work week schedules.
- Establish telecommuting or work -at-home programs.
- Provide additional vacation and compensatory leave
incentives.
- Provide on-site lunch rooms/cafeterias and
commercial service such as banks, restaurants, and
small retail.
- Provide on-site day care facilities.
- Establish an employee transportation coordinator(s).
S:\Cdd\SCOTTTnviromental etc\TR Road Mitigation Monitoring Program.doc 40 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
AQ -4
If not required under each individual development's TDM
Ongoing
Project developer
Community Development
plan, the City of Tustin and the City of Irvine, as
Department (Tustin and/or
applicable, shall implement the following measures, as
Irvine, as applicable)
determined appropriate or feasible by each city on a
case-by-case basis:
- Reschedule truck deliveries and pickups for off-peak
hours.
- Implement lunch shuttle service from a worksite(s) to
food establishments.
- 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.
SAU&SCOTIIEnvironmental etc\TR Road Mitigation Monitoring Program.doc 41 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EISIE1R and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
AQ -4
- Construct, contribute, or dedicate land for the
Ongoing
Project developer
Community Development
(cont.)
provision of off-site bicycle trails linking the facility
Department (Tustin and/or
to designated bicycle commuting routes.
Irvine, as applicable)
- Include residential units within a commercial
development.
- Provide off-site bicycle facility improvements, such
as bicycle trails linking the facility to designated
bicycle commuting routes, or on-site improvements,
such as bicycle paths.
- Include bicycle parking facilities such as bicycle
lockers.
- Include showers for bicycling and pedestrian
employees' use.
- Construct on-site pedestrian facility improvements,
such as building access which is physically separated
from street and parking lot traffic, and walk paths.
AQ -1 a
During construction of the proposed roadway extension,
During construction of the Tustin
City of Tustin
Community Development
the following measures will be implemented to comply
Ranch Road Extension.
Department.
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 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.
S,AURRSCU I REnvoonmental etc\TR Road Mitigation Monitoring Program.doe 42 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin OVER and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
Mitigation Measures for Noise
N-1
Prior to reuse of any existing residential units within the
Prior to reuse of any existing
Project developer
Community Development
reuse area for civilian use, the City of Tustin or the City
residential units.
Department (Tustin and/or
of Irvine, as applicable, and where necessary and feasible,
Irvine, as applicable)
shall require the installation of noise attenuation barriers,
insulation, or similar devices to ensure that intereior and
exterior noise levels at these residential units do not
exceed applicable noise standards.
N-2
During design of the grade -separated intersection of
Prior to approval of final design
Project developer
Tustin Public Works
Tustin Ranch Road at Edinger Avenue, the City of Tustin
plans.
Department
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
Prior to issuance of building
Project developer
Community Development
Tustin and City of Irvine, as applicable, shall ensure that
permits.
Department (Tustin and/or
interior and exterior noise levels do not exceed those
Irvine, as applicable)
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
Prior to approval of final design
City of Tustin and City of
Tustin Community
Loop Road or the South Loop Road, the City of Tustin
plans.
Irvine
Development and Public
shall conduct an acoustical study to assess reuse traffic
Works Departments
S:\Cdd1SCOT71Environmental etc\TR Road Mitigation Monitoring Program.doc 43 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No.194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
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.
NR -1 a
Prior to opening the proposed segment of Tustin Ranch
Prior to opening the proposed
City of Tustin
Community Development
Road to traffic, the City will install a soundwall that
segment of Tustin Ranch Road to
and Public Works
achieves the exterior (i.e., 65 dBA) residential noise
traffic
Departments
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 Final
Supplement to FEIR 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 wall
NR -2a
Receptors 1 through 13 requires forced air ventilation (see
Prior to the opening of the
City of Tustin
Community Development
Exhibit 5.3-2 in Final Supplement to FEIR for receptor
proposed segment of Tustin
Department
locations). If Receptors 1 through 13 do not currently
Ranch Road to traffic
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.
S:\Cdd\SCOTTT-nvironmental etc\TR Road Mitigation Monitoring Program.doc 44 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No.194071005
Measure
Timing and Implementation
Mitigation Compliance
Mitigation Monitoring and
Responsibility
Enforcement Responsibility
NR -3a
Receptors 14 through 21 that have a second story will
Prior to the opening of the
City of Tustin
Community Development
require forced air ventilation in the second story. If these
proposed segment of Tustin
Department
residential receptors do not currently have forced air
Ranch Road to traffic
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 -4a
Prior to the opening of the proposed segment of Tustin
Prior to the opening of the
City of Tustin
Community Development
Ranch Road to traffic, all second -story windows and/or
proposed segment of Tustin
Department
sliding glass doors in habitable rooms of the residences
Ranch Road to traffic
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 -5a
All second -story exterior doors in habitable rooms of the
Prior to the opening of the
City of Tustin
Community Development
residences along the proposed alignment that view the
proposed segment of Tustin
Department
proposed alignment shall be fitted with solid -core
Ranch Road to traffic
assemblies that are well sealed with weather-stripping.
NR -6a
Prior to opening of the proposed segment of Tustin Ranch
Prior to the opening of the
City of Tustin
Community Development
Road to traffic, the City will install a 10 -foot high wall
proposed segment of Tustin
and Public Works
along the eastern easement of Tustin Ranch Road from
Ranch Road to traffic
Departments
Walnut Avenue to the southern property line of the First
Baptist Church.
S:\U&SCOTREnvironmental etc\TR Road Mitignion Monitoring Program.doc 45 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Measure
Timing and Implementation
Mitigation Compliance
Responsibility
Mitigation Monitoring and
Enforcement Responsibility
NR -7a
The second -story windows that view the proposed
Prior to the opening of the
City of Tustin
Community Development
alignment shall be fitted with acoustic -rated window
proposed segment of Tustin
Department
assemblies. The assemblies shall have a sound
Ranch Road to traffic
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.
NR -8a
The construction contractor shall notify all property
Prior to approval of Plans and
City of Tustin
Public Works Department
owners and tenants adjacent to the proposed construction
Specifications
activities of the days and hours of operation. Prior to
construction activities, the construction contractor shall
inspect all structures on adjacent properties to document
existing characteristics of the structures. If damages to
structures (i.e., residences, pools, decking) occur during
construction activities, the property owner shall be
financially compensated by the construction contractor to
remediate damages. These provisions shall be placed on
all construction contract documents.
S:\UMCOTITnvironmental etc\TR Road Mitigation Monitoring Program.doc 46 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Table 1
Utilities Phasing Requirements
Facility
General Scope
General Triggering Mechanisms
Domestic Water
1) Existing housing water distribution lines
1) Upon determination by IRWD regarding acceptability of
2) New backbone water mains
water lines
3) Aban Department of the Navyed/relocated wells
2) When backbone arterial highways are constructed
3) Upon determination by IRWD
Reclaimed (Non -Potable) Water
I) New backbone water lines;
I) When backbone arterial highways are constructed;
2) Existing and new well sites.
2) Upon completion of negotiations by IRWD and
developer(s) regarding exchange of well sites.
Sanitary Sewer
1) Existing housing sewer conveyance lines
1) Upon determination by IRWD and OCSD regarding
2) New backbone sewer mains
acceptability of the lines
2) When backbone arterial highways are constructed
Storm Drain
3) Backbone storm drain channels
1,2) Armstrong storm drain
4) Regional flood control channel improvements
1,2) Generally in conjunction with arterial highway
5) Retention basins
construction
6) Flood plain mitigation
3) Upon determination of acceptability as part of
development plans
4) Filing of flood zone map with FEMA prior to any Phase
II construction
Electricity
Backbone electric distribution lines
When backbone arterial highways are constructed
Natural Gas
Backbone gas distribution lines
When backbone arterial highways are constructed
Telephone
Backbone telephone lines
When backbone arterial highways are constructed
Cable Television
Backbone cable television distribution lines, fiber optic
When backbone arterial highways are constructed
cables
Source: City of Tustin 1996b and 1998
"Mitigation measures are from Final Supplement #1 to Final EIS/EIR.
SACMSCOMEnvironmental etc\TR Road Mitigition Monitoring Program.doc 47 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road SCH No. 194071005
Table 2
2005 Mitigation for Impacted Arterial Intersections
Base - Intersection lanes without mitigation; Mit. - Intersection lanes with mitigation
d - de facto right -turn; f - free right -turn
L, T, R - left, through, right
Bold - notation indicates lane change from base scenario (without mitigation)
A 0.5 or 1.5 lane designation represents lane sharing between different movements
p - Project causes deficiency; c - project contributes to deficiency.
ma - Mitigated to an adequate level of service; mp - Project portion of impact mitigated, LOS remains less than adequate
'o IBC intersection
"' TSIA intersection
O1 Additional access from Warner Avenue west of Jamboree Road
Interim improvement only, not necessary for 2020
Fair share contribution by City of Tustin for project responsibility. TSIA funds would not be used for this portion of the funding. Many of the measures specified for mitigation of
traffic/circulation impacts require financial contributions on a fair share basis. Fair share contributions shall be no greater than required for capacity improvements consistent with and
assumed in this EIS/EIR, as mutually agreed to by the Cities of Tustin, Irvine, and Santa Ana, as applicable.
Currently unidentified future improvements will be made to this intersection to maintain an acceptable level of service to be agreed to by the cities of Tustin and Irvine for baseline
S:\U&SCOTfEnvironmental etc\TR Road Mitigation Monitoring Program.doc 48 Mitigation Monitoring and Reporting Program
Southbound
Westbound
Northbound
Eastbound
Impact
Result
Implementation
Project Share(s)
Location
Threshold
L
T
R
L
T
R
L
T
R
L
T
R
AM
PM
AM
PM
Cumulative ADT
Percent
Tustin/Irvine
86. Von Karman
Base
-
-
-
-
1
-
3
d
& Barrancal'll4i
Mit.
-
-
-
2
3
-
2
-
2
-
3
d
-
p
-
ma
102,000
100
103. Jamboree &
Base
2
4
f
2
3
f
2
4
f
2.5
2.5
1
Barrancat'• '• sl
Mit:
2
4
f
2
3
f
2
4
f
2.5
2.5
1
-
(6)
-
ma
92,000
(6)
Santa Ana
47. Main & Warner
Base
2
3
-
1
2
-
2
3
-
1
2
1
Mit.
2
3
-
1
3
-
2
3
-
1
2
1
-
c
-
mp
78,000
15
48. Main & Dyer
Base
1
3
-
1
2
-
1
2
1
1
2
1
Mit.
2
3
-
2
2
-
1
2
1
1
2
1
-
c
-
mp
78,000
17
61. Grand &
Base
1
3
-
1
3
-
1
3
-
1
3
-
Edinger(2)
Mit.
1
3
-
1
3
-
2
3
-
1-
3
-
-
p
-
ma
32,000
100
72. Ritchey & Edinger
Base
1
2
-
1
3
-
1
1
-
1
3
-
Mit.
1
2
-
1
3
-
1
2
-
1
3
-
-
p
-
ma
70,000
100
Base - Intersection lanes without mitigation; Mit. - Intersection lanes with mitigation
d - de facto right -turn; f - free right -turn
L, T, R - left, through, right
Bold - notation indicates lane change from base scenario (without mitigation)
A 0.5 or 1.5 lane designation represents lane sharing between different movements
p - Project causes deficiency; c - project contributes to deficiency.
ma - Mitigated to an adequate level of service; mp - Project portion of impact mitigated, LOS remains less than adequate
'o IBC intersection
"' TSIA intersection
O1 Additional access from Warner Avenue west of Jamboree Road
Interim improvement only, not necessary for 2020
Fair share contribution by City of Tustin for project responsibility. TSIA funds would not be used for this portion of the funding. Many of the measures specified for mitigation of
traffic/circulation impacts require financial contributions on a fair share basis. Fair share contributions shall be no greater than required for capacity improvements consistent with and
assumed in this EIS/EIR, as mutually agreed to by the Cities of Tustin, Irvine, and Santa Ana, as applicable.
Currently unidentified future improvements will be made to this intersection to maintain an acceptable level of service to be agreed to by the cities of Tustin and Irvine for baseline
S:\U&SCOTfEnvironmental etc\TR Road Mitigation Monitoring Program.doc 48 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin ElS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
conditions pursuant to the TCA, Tustin and Irvine 1998 MOA. Only when these improvements are included in the ICU calculations can the impact of reuse be identified. Therefore,
impacts from reuse may be overstated, difficult to quantify at this time and could be less at this location because of unknown improvements.
S:\Cdd\SCOT7'\Environmental etc\TR Road Mitigition Monitoring Program.doc 49 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road SCH No. 194071005
Table 3
2005 Mitigation for Impacted Freeway Ramp Intersection
Base - Intersection lanes without mitigation; Mit. - Intersection lanes with mitigation
d - de facto right -turn; f - free right -turn
L, T, R - left, through, right
Bold - notation indicates lane change from base scenario (without mitigation)
A 0.5 or 1.5 lane designation represents lane sharing between different movements
p - Project causes deficiency; c - project contributes to deficiency.
ma - Mitigated to an adequate level of service; mp - Project portion of impact mitigated, LOS remains less than adequate
0> CMP monitored intersection
(a) TSIA intersection
(o Fair share contribution by City of Tustin for project responsibility. TSIA funds would not be used for this portion of the funding. Many of the measures specified for mitigation of
traffic/circulation impacts require financial contributions on a fair share basis. Fair share contributions shall be no greater than required for capacity improvements consistent with
and assumed in this EIS/EIR, as mutually agreed to by the Cities of Tustin, Irvine, and Santa Ana, as applicable.
S:\Cdd\SCOTIIEnvironmental etc\TR Road Mitigation Monitoring Program.doc 50 Mitigation Monitoring and Reporting Program
Southbound
Westbound
Northbound
Eastbound
Impact
Result
Implementation
Location
Threshold
Cumulative
Project Sharelal
Percent
L
T
R
L
T
R
L
T
R
L
R
AM
PML
PM
_t_T
ADT
Santa Ana
75. SR -55 SB Ramps &
Base
I
I
-
1
2
-
1.5
.5
f
I
2
f
Edinger (1)(2)
Mit.
I
1
-
1
2
-
1.5
.5
f
1
3
f
-
c
-
mp
37,000
28
Base - Intersection lanes without mitigation; Mit. - Intersection lanes with mitigation
d - de facto right -turn; f - free right -turn
L, T, R - left, through, right
Bold - notation indicates lane change from base scenario (without mitigation)
A 0.5 or 1.5 lane designation represents lane sharing between different movements
p - Project causes deficiency; c - project contributes to deficiency.
ma - Mitigated to an adequate level of service; mp - Project portion of impact mitigated, LOS remains less than adequate
0> CMP monitored intersection
(a) TSIA intersection
(o Fair share contribution by City of Tustin for project responsibility. TSIA funds would not be used for this portion of the funding. Many of the measures specified for mitigation of
traffic/circulation impacts require financial contributions on a fair share basis. Fair share contributions shall be no greater than required for capacity improvements consistent with
and assumed in this EIS/EIR, as mutually agreed to by the Cities of Tustin, Irvine, and Santa Ana, as applicable.
S:\Cdd\SCOTIIEnvironmental etc\TR Road Mitigation Monitoring Program.doc 50 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Rmch Road SCH No. 194071005
Table 4
2020 Mitigation for Impacted Arterial Intersections
S:\Cdd\SCDT11Environmenta1 etc\TR Road Mitigation Monitoring Program.doc 51 Mitigation Monitoring and Reporting Program
Southbound
Westbound
Northbound
Eastbound
Impact
Result
Implementation
Project Share (6)
L
T
R
L
T
R
L
T
R
L
T
R
AM
PM
AM
PM
Location
Threshold
Percent
Cumulative ADT
Tustin
15. Newport & Edinger '• 31
Base
2
2.5
1.5
l
3
f
2
3
d
2
3
1
Mit.
2
2.5
1.5
1
3
f
2
3
d
2
3
1
-
p
-
ma
f1
100
30. Red Hill & Edinger(1, 3)
Base
2
3
1
2
3
1
2
3
1
2
3
1
Mit.
2
3
1
2
3
1
2
3
1
2
3
1
-
p
-
ma
174,000
100
42. Tustin Ranch & Walnutt�1
Base
2
3
d
1
2
1
2
3
d
1
2
1
Mit.
2
3
d
2
2
1
2
3
d
2
2
1
p
p
nm
nm
122,000
100
Tustin/Santa Ana
77. Red Hill & Warnert3l
ase
2
4
L
2
3
I
2
4
1
2
3
1
it.
2
4
1
2
3
2
2
4
1
2
3
1
-
p
-
ma
206,000
100
ustin/Irvine
103.lamboree&Barrancah41
ase
2
4
f
2
3
f
2
4
f
2.5
2.5
1
it.
2
4
f
2
3
f
2
4
f
2.5
2.5
1
-
c
-
not
141,000
(s)
Santa Ana
53. Hutton Centre &
Base
2
1
2
2
3
1
1
.5
1.5
2
3
1
MacArthur
Mit.
2
1
2
2
4
-
1
.5
1.5
2
3
1
-
c
-
ma
i71
20
61. Grand & Edingerft
Base
2
3
1
2
3
1
2
3
1
2
3
1
Mit.
2
3
1
2
4
-
2
4
-
2
3
1
c
c
-
ma
172,000
100
63. Grand & Warned 1
Base
2
3
1
2
3
1
2
3
1
2
3
1
Mit.
2
3
1
2
3
1
2
4
-
2
3
1
-
p
-
ma
195,000
10o
66. Grand & Dyertsl
Base
2
-
1
-
3
1
-
-
-
2
3
-
Mit.
1.5
-
1.5
-
3
1
-
-
-
2
3
-
-
C
-
ma
131,000
29
70. Lyon & Edinger (3)
ase
1
I
1
1
3
1
1
1
2
1
3
-
Mit.
1.5
.5
1
1
3
1
1
1
2
1
3
-
-
c
-
cup
152,000
13
202. Standard & Edinger
Base
1
2
-
1
3
-
1
2
-
1
3
-
-
c
-
ma
181,000
9
S:\Cdd\SCDT11Environmenta1 etc\TR Road Mitigation Monitoring Program.doc 51 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
i&JUMNEOFAIIR:
I I,it.I1121-11131111121-11131-I I I I I I
S:\Cdd\SCOTT\Environmental etc\TR Road Mitigation Monitoring Program.doc 52 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/FIR and
Extension of Tustin Ranch Road
Table 4 Continued
SCH No. 194071005
Base - Intersection lanes without mitigation; Mit. - Intersection lanes with mitigation
ATMS - Advanced Transportation Management System
d - de facto right -tum; f - free right -tum
L, T, R - left, through, right
Bold - notation indicates lane changes from base scenario (without mitigation)
A .5 or 1.5 lane designation represents lane sharing between different movements
p - Project causes deficiency; c - project contributes to deficiency
ma - Mitigated to an adequate level of service; mp - Project portion of impact mitigated, LOS remains less than adequate; nm - Project impact not mitigated
c - Project contributes to deficiency
(0 No lane changes; ATMS measures
(�) Lane changes and ATMS measures
(3) TSTA intersection
(°) IBC intersection
(s) No identifiable mitigation measures
(6) Fair share contribution by City of Tustin for project responsibility. TSIA funds would not be used for this portion of the funding. Many of the measures specified for mitigation of
traffic/circulation impacts require financial contributions on a fair share basis. Fair share contributions shall be no greater than required for capacity improvements consistent with and
assumed in this EIS/EIR, as mutually agreed to by the cities of Tustin, Irvine, and Santa Ana, as applicable.
(7) Full buildout of Reuse Alternative I
(s) Currently unidentified future improvements will be made to this intersection to maintain an acceptable level of service to be agreed to by the cities of Tustin and Irvine for baseline
S:\Cdd\SCOTT\Environmental etc\TR Road Mitigation Monitoring Program.doc 53 Mitigation Monitoring and Reporting Program
Southbound
Westbound
Northbound
Eastbound
Impact
Result
Implementation
Project Sharer
Location
Threshold
L
T
R
L
T
R
L
T
R
L
T
R
AM
PM
AM
PM
Cumulative ADT
percent
Irvine
81. Red Hill & Main (4)
ase
1
3
d
2
3
d
2
3
f
1
3
d
it.
1
3
f
2
3
d
2
3
f
1
3
d
-
p
-
ma
157,000
100
89. Von Karman &
ase
1
2
d
1
2
f
1
2
1
1
2
d
Michelson (4)
it.
1
2
d
1
2
f
1
2
1
2
2
d
-
C
-
ma
141,000
22
106. Jamboree & Alton (4)
ase
2
4
d
2
3
d
2
4
1
2
3
d
Mit.
2
4
d
2
3
d
2
5
1
2
3
d
-
p
-
ma
(7)
100
118. Harvard & Alton
Base
1
2
1
2
3
d
1
2
d
2
3
1
Mit.
1
2
1
2
3
d
2
2
d
2
3
1
p
-
ma
-
181,000
100
128. Culver & Warner
Base
1
3
d
1
2
d
1
3
1
1
2
d
Mit.
1
3
d
1
2
d
1
3
1
2
2
d
-
I p
-
ma
174,000
100
Base - Intersection lanes without mitigation; Mit. - Intersection lanes with mitigation
ATMS - Advanced Transportation Management System
d - de facto right -tum; f - free right -tum
L, T, R - left, through, right
Bold - notation indicates lane changes from base scenario (without mitigation)
A .5 or 1.5 lane designation represents lane sharing between different movements
p - Project causes deficiency; c - project contributes to deficiency
ma - Mitigated to an adequate level of service; mp - Project portion of impact mitigated, LOS remains less than adequate; nm - Project impact not mitigated
c - Project contributes to deficiency
(0 No lane changes; ATMS measures
(�) Lane changes and ATMS measures
(3) TSTA intersection
(°) IBC intersection
(s) No identifiable mitigation measures
(6) Fair share contribution by City of Tustin for project responsibility. TSIA funds would not be used for this portion of the funding. Many of the measures specified for mitigation of
traffic/circulation impacts require financial contributions on a fair share basis. Fair share contributions shall be no greater than required for capacity improvements consistent with and
assumed in this EIS/EIR, as mutually agreed to by the cities of Tustin, Irvine, and Santa Ana, as applicable.
(7) Full buildout of Reuse Alternative I
(s) Currently unidentified future improvements will be made to this intersection to maintain an acceptable level of service to be agreed to by the cities of Tustin and Irvine for baseline
S:\Cdd\SCOTT\Environmental etc\TR Road Mitigation Monitoring Program.doc 53 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
conditions pursuant to the 1998 MOA between the TCA and cities of Irvine and Tustin. Therefore, the impacts of reuse may be overstated, difficult to quantify at this time, and could be
less at this location because of unknown improvements.
S:\CdMCOTAEnvironmental etc\TR Road Mitigation Monitoring Program.doc 54 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Table 5
On-site ADT Development Thresholds
ADT mCumulativef
I Roads Added
Edinger Avenue
Landsdowne Road
27,000
(27,000)
North Loop Road - Red Hill Avenue to West Connector Road (Build 3 lanes only)
West Connector Road
East Connector Road
Marble Mountain Road
Moffett Drive
82,800
(109,800)
North Loop Road - Hill Avenue to West Connector Road (Final Buildout)
North Loop Road - East Connector Road to Moffett Drive (Build 3 lanes only)
Red Hill Avenue/Carnegie Avenue Intersection (East Leg)
Red Hill Avenue/Warner Avenue Intersection (East Leg)
Severyns Road
Armstrong Avenue - North Loop Road to Barranca Parkway
North Loop Road - West Connector Road to East Connector Road
North Loop Road - East Connector to Moffett Drive (Final Buildout)
North Loop Road - Moffett Drive to Warner Avenue
South Loop Road - Warner Avenue to Tustin Ranch Road
Tustin Ranch Road - Edinger Avenue to North Loop Road (6 lanes)
Tustin Ranch Road - Warner Avenue to Barranca Parkway (Build 4 lanes only)
26,900
(136,700)
Warner Avenue — Red Hill Avenue to Jamboree Road (Build 4 lanes only)
South Loop Road — Armstrong Avenue to Tustin Ranch Road
39,500
(176,200)
Tustin Ranch Road - North Loop Road to South Loop Road (Build 4 lanes only)
Widen Tustin Ranch Road to 6 lanes (Final Buildout)
40,200
(216,400)
Widen Warner Avenue to 6 lanes (Final Buildout)
S:\Cdd\SC0T1'Environmenta1 etc\TR Road Mitigation Monitoring Program.doc 55 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/ETR and
Extension of Tustin Ranch Road
SCH No.194071005
Table 6
Planning Area Trip Budget
Planning Area E0.1
Assumed Land Use
Residential/Parks
Non Residential
Amount
ADT,
Amount
ADTs(Z)
Neighborhood A
General Commercial
27,120 sf
3,033
1
Learning Village
1,385,531 sf
8,479
PA 1 Trip Budget Subtotal
11,512
2
Community Park
24.1 ac
121
3
Transitional Housing
192 du
941
NeighborhoodA Square Footage Total
1,412,651 sf
Neighborhood A Trip Budget Total
11,512
Neighborhood B
4
LDR (1-7 du/ac)
304 du
2,909
5
MDR (8-15 du/ac)
621 du
4,968
7
General Commercial
315,592 sf
14,273
PA 7 Trip Budget Subtotal
14,273
Neighborhood B Square Footage Total
315,592 sf
Neighborhood B Trip Budget Total
14,273
Neighborhood C
6
Regional Park
84.5 ac
423
Non -Residential General Commercial
57,500 sf
3,920
Neighborhood C Square Footage Total
57,500 sf
Neighborhood C Trip Budget Total
3,920
S:\Cdd\SCOTnEnvironmental etc\TR Road Mitigation Monitoring Prograrn.doc 56 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
SCH No. 194071005
Planning Area No.
Assumed Land Use
Residential/Parks
Non Residential
Amount
ADTs Amount
ADTst'I
Neighborhood D
MHDR (16-25 du/ac) 891 du 5,907
Office Park
1,815,380 sf
14,872
8
Industrial Park
1,633,830 sf
13,384
Shopping Center
181,540 sf
12,376
PA 8 Trip Budget Subtotal
40,632
Neighborhood D Square Footage Total
3,630,730 sf
Neighborhood D Trip Budget Total
40,632
Neighborhood E
General Commercial
110,990 Sf
7,566
9
Light Industrial
47,570 sf
386
PA 9 Trip Budget Subtotal
7,952
Office Park
174,570 sf
2,317
10
Light Industrial
157,110 sf
1,274
General Commercial
17,460 sf
1,952
PA 10 Trip Budget Subtotal
5,543
General Commercial
68,390 sf
4,662
11
Office Park
615,505 sf
5,042
Industrial Park
683,890 sf
5,602
PA 11 Trip Budget Subtotal
15,306
General Commercial
12,810 sf
1,432
12
General Office
115,280 sf
1,530
PA 12 Trip Budget Subtotal
2,962
S:\ MSCOT-REnvironmental etc\TR Road Mitigation Monitoring Program.doc 57 Mitigation Monitoring and Reporting Program
Disposal and Reuse of WAS Tustin EIS/EIR and
Extension of Tustin Ranch Road
6911.DMIL'FDYADI(M
Planning Area No.
Residential/Parks
Assumed Land Use
Amount ADTs
Amount
Non Residential
ADTsi2l
General Commercial
34,240 sf
3,829
13
General Office
136,950 sf
1,817
Light Industrial
513,575 sf
4,663
PA 13 Trip Budget Subtotal
10,309
General Commercial
42,340 sf
4,734
14
General Office
338,720 sf
3,387
Light Industrial 465,750 sf
4,326
PA 14 Trip Budget Subtotal
12,447
Neighborhood E Square Footage Total
3,535,130 sf
Neighborhood E Trip Budget Total
54,519
Neighborhood F
General Commercial
72,930 sf
4,972
16
General Office
97,250 sf
1,291
Light Industrial 315,950 sf
3,211
PA 16 Trip Budget Subtotal
9,474
17
Light Industrial
284,010 sf
2,959
PA 17 Trip Budget Subtotal
2,959
18
Military
40,850 sf
542
PA 18 Trip Budget Subtotal
542
19
Shopping Center
672,570 sf
23,217
PA 19 Trip Budget Subtotal
23,217
Neighborhood FSquare Footage Total
1,483,560 sf
Neighborhood FTrip Budget Total
36,192
S1Cdd\SCOMEnvironmental etc\TR Road Mitigation Monitoring Program.doc 58 Mitigation Monitoring and Reporting Program
Disposal and Reuse of MCAS Tustin EIS/EIR and
Extension of Tustin Roach Road
SCH No. 194071005
Planning Area No.
Assumed Land Use
Residential/Parks
Residential/Parks
Amount ADTs
Non Residential
Amount ADTs
Amount
ADTs(Z)
Neighborhood G
3,898
General Commercial (by CUP)
23,000 sf 2,572
PA 20 Trip Budget Subtotal
LDR (1-7 du/ac)
272 do 2,603
LDR (1-7 du/ac) - Tustin
MDR (8-15 du/ac) 662 du 5,296
6,804
15
General Commercial
62,730 sf
4,276
Hotel
500 rm
4,115
Golf Course
159.3 ac
1,274
Neighborhood H
PA 15 Trip Budget Subtotal
9,665
Planning Area No.
Assumed Land Use
Residential/Parks
Amount ADTs
Non Residential
Amount ADTs(2)
20
MHDR (16-25 du/ac)
588 du
3,898
General Commercial (by CUP)
23,000 sf 2,572
PA 20 Trip Budget Subtotal
2,572
21
LDR (1-7 du/ac) - Tustin
711
6,804
LDR (1-7 du/ac) - Irvine 150 1,436
PA 21 Trip Budget Subtotal
Neighborhood G Square Footage Total
85,730 sf
Neighborhood G Trip Budget Total
12,237
Neighborhood H
22
MDR (8-15 du/ac)
402
3,216
Neighborhood Hand PA 22 Trip Budget Total
0
rm - hotel rooms
Source: ADTs for land use types derived from WAS Tustin Specific Plan/Reuse Plan Traffic Study (Austin -Foust Associates, Inc. 1999) in Appendix F, bound separately.
L:\env\7005\731\Mf r -TAB. WPD
S:\Cdd\SCOTP,Environmental etc\TR Road Mitigation Monitoring Program.doc 59 Mitigation Monitoring and Reporting Program
CITY OF TUSTIN
ME civ-)ICO.OWG
PROJECT
LOCATIOP
PROJECT NAME: TUSTIN RANCH ROAD EXTENSION WALNUT AVE. TO VALENCIA NORTH LOOP (MOE) (CIP NO. 7100)