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HomeMy WebLinkAboutCC RES 05-35 RESOLUTION NO. 05-35 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT THE FINAL ENVIRONMENTAL IMPACT STATEMENT/FINAL ENVIRONMENTAL IMPACT REPORT FOR THE DISPOSAL AND REUSE OF MCAS TUSTIN ("FEIS/FEIR") IS ADEQUATE TO SERVE AS THE PROJECT EIS/EIR FOR ZONE CHANGE 04-002, TENTATIVE TRACT MAP 16582, CONCEPT PLAN 03-004, DESIGN REVIEW 04-004, THE AFFORDABLE HOUSING PLAN AND DENSITY BONUS APPLICATION, AND THE REQUEST TO TRANSFER AFFORDABLE HOUSING UNITS FROM PLANNING AREA 21 TO PLANNING AREA 5 AND THAT ALL APPLICABLE MITIGATION MEASURES WILL BE INCORPORATED INTO THE PROJECT AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. I. The City Council of the City of Tustin does hereby resolve as follows: A. That Zone Change 04-002, Concept Plan 03-004, Tentative Tract Map 16582, Design Review 04-004, the "Affordable Housing Plan and Density Bonus Application," and the request to transfer affordable housing units from Planning Area 21 to Planning Area 5 is considered a "Project" pursuant to the terms of the California Environmental Quality Act; and, B. That the FEIS/FEIR was certified by the City Council on January 16, 2001. The FEIS/EIR is a program EIR under the California Environmental Quality Act ("CEQA"). The FEIS/FEIR considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin, including development of residential uses within Planning Area 21. C. That an initial study checklist, attached as Exhibit A hereto, was prepared to evaluate the potential environmental impacts associated with the Project. The initial study checklist demonstrates that all potential impacts of the Project were addressed by the certified FEIS/FEIR, no additional impacts have been identified, and all applicable mitigation measures in the FEIS/FEIR will be implemented through the Mitigation Monitoring Program for the Project (Attachment 1 of Exhibit A) or as conditions of approval of the Project. II. The City Council finds that the project is within the scope of the previously approved Program FEIS/FEIR and that pursuant to Title 14 California Code of Resolution No. 05-35 Page 1 of 42 Regulations Sections 15168 (c) and 15162, no new effects could occur and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 22"' day of F'b,"a". 2005. '--Il A LOU BONE ~ MAYOR 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. 05-35 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 22nd day of February, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: BONE, DAVERT, AMANTE, HAGEN, KAWASHIMA (5) NONE (0) NONE (0) NONE (0) ~~~ City Clerk Resolution No. 05-35 Page 2 of 42 8 EXHIBIT A TO RESOLUTION NO. 05-35 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Environmental Impact StatementÆnvironmental Impact Report (EISIEIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin This checklist and. the following evaluation of environmental impacts (Attachment 1 of Exhibit A of Resolution No. 3943) takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project TitIe(s): Development of 465 residential units in Planning Area 21 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: (714) 573-3126 Project Location: Planning Area 21, MCAS-Tustin Specific Plan, bounded by Moffett Avenue on the north, Warner Avenue on the south, Peters Canyon Flood Control Channel on the west, and Harvard Avenue on the east. Project Sponsor's Name and Address: Moffett Meadows Partners, LLC c/o Lennar Communities 25 Enterprise, Suite 300 Aliso Viejo, CA 92656 General Plan Designation: MCAS Tustin Specific Plan Zoning Designation: Low Density Residential, Planning Area 21 Project Description: Approval of Concept Plan 03-004, Tentative Tract Maps 16582, Design Review 04-004, Specific Plan Amendment/Zone Change 04-002 (MCAS Tustin disposition parcels 35 & 36) for the purpose of developing 465 residential units including 211 single family detached, 68 carriage way units, 102 triplex units and 84 cluster town units and a request to transfer eight (8) of the Very Low Income units and seventeen (17) of the Low Income units nom Planning Area 21 to Planning Area 5. Surrounding Uses: North: Vacant - Moffett Avenue, residential uses East: Harvard A venue- City of Irvine, residential uses South: Vacant - MCAS Tustin Planning Area 22, residential West: Peters Canyon Flood Control Channel- Jamboree Road Resolution No. 05-35 Page 3 of 4? Previous Environmental Documentation: Program Final Environmental Impact Statement/Environmental Impact Report (Program FEISIEIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin (State Clearinghouse #94071005) certified by the Tustin City Council on January 16,2001. B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. OLand Use and Planning DPopulation and Housing OGeology and Soils OHydrology and Water Quality OAir Quality OTransportation & Circulation OBiological Resources OMineral Resources OAgricultural Resources OHazards and Hazardous Materials ONoise OPublic Services OUtilities and Service Systems OAesthetics OCultural Resources ORecreation OMandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. 0 I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. 0 I fmd that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 0 I find that the proposed project MA Y have a significant effect(s) on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMP ACT REPORT is required, but it must analyze only the effects that remain to be addressed. ¡¿;;¡ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects I) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 0 I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects I) have been analyzed Resolution No. 05-35 Page 4 of 42 adequately in an earlierNEGA TIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: ~~~ ø.. Minoo Ashab~anner /~A ¿- Elizabeth A. Binsack, Community Development Director Date: /.13.0S: Date /.ß .oã D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attached \ Resolution No. 09--35 Page 5.. of 42 A TT ACHMENT 1 TO EXHIBIT A OF RESOLUTION NO. 05-35 EV ALUA TION OF ENVIRONMENTAL IMPACTS CONCEPT PLAN 03-004, TENTATIVE TRACT MAPS 16582 DESIGN REVIEW 04-004, SPECIFIC PLAN AMENDMENT/ZONE CHANGE 04-002, AFFORDABLE HOUSING PLAN AND DENSITY BONUS AND TRANSFER OF AFFORDABLE UNITS (MCAS TUSTIN DISPOSITION PARCELS 35 & 36) PLANNING AREA 21 - MCAS TUSTIN SPECIFIC PLAN BACKGROUND The former Marine Corps Air Station (MCAS) Tustin was officially closed on July 2, 1999 as a result of recommendations of the Federal Base Closure and Realignment Commission. The City was designated as the Local Redevelopment Authority (LRA) for the reuse of MCAS Tustin and, acting as such, approved a Reuse Plan that provided for future land uses at the former MCAS Tustin on October 1996 and subsequently amended on September 1998 ("the Reuse Plan"). The Reuse Plan was subsequently reviewed and approved by the United States Department of Housing and Urban Development (HOD) as consistent with federal law regarding the homeless. In accordance with the provisions of the National Environmental Policy Act ("NEPA") ofl969, as amended, and the California Environmental Quality Act ("CEQA"), the federal government and City prepared a Joint Final Program Environmental Impact StatementlEnvironmental Impact Report for the Reuse and Disposal of MCAS Tustin. On January 16, 2001, the City of Tustin certified the Final Joint Program Environmental Impact StatementlEnvironmentai Impact Report for the disposal and reuse ofMCAS- Tustin (referenced as FEISÆIR herein). The project is within the MCAS Tustin Specific Plan. The land was purchased by the developers directly nom the Department of Navy through a land auction. The project site is comprised of 86.26 acres (gross) within a portion of Planning Area 21 of the MCAS Tustin Specific Plan and generally bounded by the Moffett Avenue to the north, a local drainage channel and Warner Avenue in the City oflrvine to the south, Harvard Avenue and City of Irvine residential developments to the east, and Peters Canyon Flood Channel and Jamboree Road to the west. The proposed project would develop 465 residential units including 211 single family detached, 68 carriage way units, and 184 condominium units on two parcels. Parcel 35 is located within City of Tustin and contains 326 units and Parcel 36 is located within City of Irvine and contains 139 units. Three of the units traverse city boundary lines. Parcel 36 is proposed to be annexed to City of Tustin. The annexation request and the Specific Plan Amendment/Zone Change to adopt land use and development standards for Parcel 36 will be considered separately by the City Council. In accordance with the requirements of the MCAS Tustin Specific Plan Section 3.4.2.G and 3.4.3.H a total of 59 affordable units would be required as follows: Resolution No. 05-35 Page 6 of 42 Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 2 Planning Affordable Units RHNA Total Required Area !I 5%) 21 20 Very Low 6 Low 20 Very Low Parcel 35 11 Low 12 Moderate 17 Low 18 Moderate 30 Moderate 21 Subject to Parcel 36 requirements of City ofIrvine Total 41 18 59 . Required nwnber of Very Low, Low, Moderate Income units, and Regional Housing Need Assessment (RHNA) units subject to requirements of City of Tustin for Parcel 35 and City of Irvine for Parcel 36. Twelve (12) of the Very Low Income units required for Parcel 35 are required to be transferred by the developer to two homeless service providers (Human Options and Orange County Interfaith Shelter) pursuant to the MCAS Tustin Specific Plan requirements. The project includes development of 6.19 acres of parkland recreational sites including 2.35 acres accessible for public and facility improvements for which parkland credit is eligible and recommended in accordance with the requirements of the Quimby Act and the City's Subdivision requirements. Access to the public park site would be provided by public access easements nom Moffett A venue and Harvard Avenue with recordation of an easement requiring public access in perpetuity to the park site for the general public on Tentative Tract Map 16582. A portion of the site would also include private recreational amenities available to the residents of the development. The subject site is located in Planning Area 21. As part of the analysis of the MCAS Tustin FEIR/EIS for the MCAS Tustin Specific Plan, Planning Area 21 was identified as a Low Density Residential (LDR) site, with a development potential of 1-7 dwelling units per acre and authorized for up to 861 units (Table 3-2 of MCAS Tustin Specific Plan). With development of Parcel 34 (Tract 16507) within Planning Area 21, 189 residential units have already been approved by the City within Planning Area 21. The currently proposed project includes construction of 465 units, which combined with the 189 units on Parcel 34 is 207 dwelling units less than the 861 units assumed for Planning Area 21 in the FEISÆIR. All related environmental impacts of such development were addressed in the FEISÆIR and implementation and mitigation measures were incorporated as conditions of approval for the other entitlement portions of the project as identified in the Mitigation Monitoring Program Matrix (Attachment 2 of Exhibit A of Resolution No. 3943). The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. Resolution No. 05-35 PageLofA2 Attachment I to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 3 I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) SubstantiaUy degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? The project is not located on a scenic highway nor will it affect a scenic vista. The project would be consistent with the permitted uses identified within the MCAS Tustin Specific Plan. Development of low-density within Planning Area 21 that were considered within the FEISIEIR and will have no negative aesthetic effect on the site when mitigation measures identified in the FEISIEIR are incorporated with approval of the project. All exterior design is required to be in compliance with Section 2.17.3(A) - Urban Design Guidelines for Residential Development of MCAS Tustin Specific Plan, and the Landscape Concept Section 2.17.2 as they relate to design of Moffett Avenue, Harvard Avenue, and primary street corners and project entries. The proposal includes a design review, which requires that the design of the project is cohesive and in harmony with surrounding uses. All exterior lighting would be designed to reduce glare, create a safe night environment, and avoid impacts to surrounding properties in compliance with Section 2.17.3 (A) of the MCAS Tustin Specific Plan and the City's Security Ordinance. The proposed project will result in no substantial changes to the environmental impacts previously evaluated with the certified Program FEISIEIR. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISIEIR as identified in the Mitigation and Implementation Measures matrix (Attachment 2); these measures would be included as conditions of approval for the project. Sources: FEISIEIR for Disposal and Reuse ofMCAS Tustin MCAS Tustin Specific Plan (Pages 2-152 to 2-166) Tustin Security Ordinance Tustin General Plan It. AGRICULTURE RESOURCES: In determining whether Impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Resolution No. 05-35 Page 8 of 42 Attachment I to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 4 b) Conflict with existing zoning for agricultural use or a Williamson Act contract? C) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? The project would not convert prime farmland, unique farmland or farmland of statewide importance as shown on maps prepared pursuant to the Farmland Managing and Monitoring Program of the California Resources Agency, to non-agricultural use. Also, the property is not zoned for agricultural use or a Williamson Act Contract, nor does the proposed use involve other changes in the existing environment that could result in the conversion of farmland to non-agricultural use. The project site is not zoned or used as agricultural land; consequently, no substantial change is expected from the analysis previously completed in the FEISÆIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEISÆIR for Disposal and Reuse ofMCAS Tustin (page-145 to 3-154) MCAS Tustin Specific Plan Tustin General Plan III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? As documented in the FEISÆIR, the project is part of larger project that was projected to result in air quality impacts. A Statement of Overriding Consideration for the FElSÆIR was adopted by the Tustin City Council on January 16, 2001. Since the project will construct 207 fewer units than previously analyzed in the FEISÆIR, no significant impact beyond what was analyzed in the adopted FEISÆIR is anticipated. Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the Tustin City Council in certifying the FEISÆIR. However, the FEISÆIR also concluded that Reuse Plan related operational air quality impacts were significant and impossible to fully Resolution No. 05-35 Page 9.of 42 .------ Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 5 mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on January 16, 200 I. Sources: Field Observations FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 through153, 4-207 through 4-230 and pages 7-41 through 7-42) MCAS Tustin Specific Plan (Pages 3-145 through 3-154) Tustin General Plan IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Inteñere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? The FEIS/EIR found that implementation of the Reuse Plan and MCAS Tustin Specific Plan would not result in impacts to federally listed threatened or endangered plant or animal species. The proposed project is within the scope of development considered with the analysis of the FEIS/EIR for MCAS Tustin. The FEIS/EIR determined that implementation of the Reuse Plan and MCAS Tustin Specific Plan (including the proposed project) could impact jurisdictional waters/wetlands and the southwestern pond turtle or have an impact on jurisdictional waters/wetlands. The project site is not located in an area that would affect the southwestern pond turtle or have an impact on jurisdictional waters or wetlands. No substantial change is expected from the analysis previously completed in the FEISIEIR for MCAS Tustin. Resolution No. 05-35 Page 10 of 42 Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 6 Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observalions FEISÆIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3- 82,4-103 through 4-108, and 7-26 through 7-27) MCAS Tustin Specific Plan (pages 3-145 to 3-154). Tustin General Plan v. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change In the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside formal cemeteries? Numerous archaeological surveys have been conducted at the former MCAS Tustin site. In 1988, the State Office of Historic Preservation (8HPO) provided written concurrence that all open spaces on MCAS Tustin had been adequately surveyed for archaeological resources. Although one archaeological site (CA-ORA-381) has been recorded within the Reuse Plan area, it is believed to have been destroyed. It is possible that previously unidentified buried archaeological or paleontological resources within the project site could be significantly impacted by grading and construction activities. No substantial change is expected nom the analysis previously completed in the FEISÆIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISÆIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEISÆIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3- 74,4-93 through 4-102 and 7-24 through 7-26) MCAS Tustin Specific Plan (pages 3-145 to 154). Tustin General Plan VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: . Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidenee of a known fault? Refer to Division of Mines and Geology Special Publication 42. Resolution No. 05-35 Page 11.of.42 Attachment t to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 7 . Strong seismic ground shaking? . Seismic-related ground failure, including liquefaction? . Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that Is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The FEISÆIR indicates that impacts to soils and geology resulting from implementation of the Reuse Plan and MCAS Tustin Specific Plan would "include non-seismic hazards (such as local settlement, regional subsidence, expansive soils, slope instability, erosion, and mudflows) and seismic hazards (such as surface fault displacement, high-intensity ground shaking, ground failure and lurching, seismically induced settlement, and flooding associated with dam failure." However, the FEISIEIR for MCAS Tustin concluded that compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. No substantial change is expected for development of the project ÍÌ"om the analysis previously completed in the FEISIEIR for MCAS Tustin. Mitigation/Monitoring Required: As identified in the FEISIEIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observations FEISÆIR for Disposal and Reuse of MCAS Tustin (pages 3-88 through 3- 97,4-115 through 4-123 and 7-28 through 7-29) MCAS Tustin Specific Plan (Pages 3-145 to 154). Tustin General Plan VII. HAZARDS AND HAZARDOUS MATERIALS: - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Resolution No. 05-35 Page 12 of 42 Attachment I to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TI 16582, DR 04-004, Density Bonus Page 8 c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is Included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan bas not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 1) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death Involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The project will not create a significant hazard to the public through the transport, use, or disposal of hazardous materials, nor are there reasonably foreseeable upset and accident conditions at the property. In addition, construction and residential uses would not emit hazardous emissions witlùn a quarter mile of an existing or proposed school. In addition, the project site is located within the boundaries of the Airport Environs Land Use Plan; however, it is at least four (4) miles nom John Wayne Airport, and does not lie witlùn a flight approach or departure corridor and thus does not pose an aircraft-related safety hazard for future residents or workers. The project site is not located in a wildland fire danger area. Compliance with all federal, state and local regulations concerning handling and use of these hazardous substances will reduce potential impacts to below a level of significance. No substantial change is expected nom the analysis previously completed in the FEISIEIR for MCAS Tustin. Mitigation/Monitoring Required: As identified in the FEISIEIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observation FEISIEIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3- 117,4-130 through 4-138 and 7-30 through 7-31) MCAS Tustin Specific Plan (Pages3-145 to 3-154) Tustin General Plan. Resolution No. 05.35 .page 13..01.42. Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environrnental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 9 HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit In aquIfer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, Including through the alteration of the course of a stream or river, in a manner which would result in flooding on. or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? t) Otherwise substantially degrade water quality? g) Place housing within a tOO-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? b) Place within a tOO-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? The proposed project includes construction of 465 residential units that would increase runoff. However, the project will not result in additional impacts beyond what was analyzed in the adopted FEISIEIR. The project design and construction of facilities to fully contain drainage of the site would be required as conditions of approval of the project. No long-term impacts to hydrology and water quality are anticipated for the proposed project The proposed project will not impact groundwater in the deep regional aquifer or shallow aqlÙfer. The proposed project would not include groW1dwater removal or alteration of historic drainage patterns at the site. The project is not located within a 1O0-year flood area and will not expose people or structures to a significant risk of loss, injury and death involving flooding as a result of the failure of a levee or dam, nor is the proposed project susceptible to inundation by seiche, tsunami, or mudflow. Construction operations would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and Resolution No. 05-35 Page 14 of 42 Attachment I to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, TT 16582, DR 04-004, Density Bonus Page 10 the implementation of specific best management practices (BMP). Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would avoid unacceptable risk or the creation of significant impacts related to such hazards. Consequently, no substantial change is expected from the analysis previously completed in the FEISÆIR for MCAS Tustin. Mitigation/Monitoring Required: As identified in the FEISÆIR, compliance with existing rules and regulations would avoid the creation of potential impacts. No mitigation is required. Sources: Field Observation FEISÆIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3- 105,4-124 through 4-129 and 7-29 through 7-30) MCAS Tustin Specific Plan (Pages 3-145 to 3-154) FEMA Map (August 9, 2002) Tustin General Plan IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited, to the general plan, specific plan, local coastal program. or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? The City of Tustin is the controlling authority over implementation of the Reuse Plan for the former base, such as land use designations, zoning categories, recreation and open space areas, major arterial roadways, urban design, public facilities, and inftastructure systems. On February 3, 2003, the Tustin City Council approved the Specific Plan for MCAS Tustin that established land use and development standards for development of the site. The proposed project meets the density requirements of Table 3-2 of the MCAS Tustin Specific Plan and development standards of Planning Areas 21 to Single Family Residential Units and Multiple Family residential Units. New development standards are proposed for development of the Carriage Way units and development of condominium units on parcels less than 10 acres that will be considered as part of Specific Plan Amendment/Zone Change 04-002. The carriage way units are similar to the single family detached product with the exception of the rear yard setback since access to the garage is proposed nom a rear alleyway. The new standard would create an appealing streetscape with elimination of driveway approached on the main roads. Compliance with state and local regulations and standards would avoid the creation of significant land use and planning impacts. Also, the proposed project will not conflict with any habitat conservation plan or natural community conservation plan. Consequently, no change is expected nom the analysis previously completed in the FEISÆIR for MCAS Tustin. Resolution No. 05-35 Page 150f42. Attachment I to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 11 Mitigation/Monitoring Required: The proposed project is consistent with the development standards of the MCAS Tustin Specific Plan as identified by the adopted FEISÆIR. No mitigation is required. Sources: Field Observation FEISÆIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17, 4-3 to 4-13 and 7-16107-18) MCAS Tustin Specific Plan (pages 3-145 to 3-154). Tustin General Plan x. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineraI resource recovery site delineated on a local general plan, specific plan or other land use plan? Chapter 3.9 of the FEISÆIR indicates that no mineral resources are known to occur anywhere within the Reuse Plan area. The proposed project will not result in the loss of mineral resources known to be on the site or identified as being present on the site by any mineral resource plans. Consequently, no substantial change is expected nom the analysis previously completed in the FEISÆIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation FEISÆIR for Disposal and Reuse of MCAS Tustin (Page 3-91) MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan XI. NOISE: Would the project: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, Resolution No. 05-35 Page 16 of 42 Attachment I to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 12 would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working In the project area to excessive noise levels? The proposed project could result in implementation activities that generate noise. The FEISÆIR indicates that full build-out of the base will create noise impacts that would be considered significant if noise levels experienced by sensitive receptors would exceed those considered "normally acceptable" for the applicable land use categories in the Noise Elements of the Tustin General Plan. A noise analysis was prepared for the project site that includes sensitive receptors along Moffett Avenue, Harvard Avenue and Peters Canyon Channel/Jamboree Road. The noise analysis concludes that special building construction will be required to achieve a 45 dB interior noise level for units along these areas. No substantial change is expected ÍÌ"om the analysis previously completed in the approved FEISÆIR for MCAS Tustin. However, the City of Tustin will ensure that construction activities comply with the City's Noise Ordinance and the housing units are designed with adequate noise attenuation (i.e., window design, sound walls) to meet the allowable noise levels as required by Tustin City Code for residential use. The project would be sound attenuated against present and projected noise so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms to reduce noise-related impacts to a level of insignificance. Compliance with adopted mitigation measures and state and local regulations and standards, along with established engineering procedures and techniques, will avoid unacceptable risk or the creation of significant impacts related to such hazards. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISÆIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEISÆIR for Disposal and Reuse of MCAS Tustin (pages 3-154 to 3-162, 4-231 to 4-243 and 7-42 to 7-43) . MCAS Tustin Specific Plan (pages 3-145 through 3-154). Tustin General Plan XII. POPULATION & HOUSING: Would the project: Resolution No. 05-35 Page 17 of 42 Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 13 a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? The proposed project would construct 465 new residential units on a site that previously contained military housing units that were vacant since 1997 and have been demolished. The proposed project will not displace people or necessitate construction of replacement housing elsewhere. The proposed number of residential units is consistent with the density than was previously considered in the FEISÆIR for MCAS Tustin. The total number of units for Planning Area 21 upon completion of the entire planning area would be consistent with the number of units considered in the FEISÆIR for MCAS Tustin. No substantial change is expected nom the analysis previously completed in the FEISIEIR for MCAS Tustin. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations FEISIEIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4- 14 to 4-29 and 7-18 to 7-19) MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result In substantial adverse physical Impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: The site contains military housing which has been vacant since mid-I 997. Development of the site would require public services such as fire and police protection services, schools, libraries, recreation facilities, and bikinglhiking trails. Fire Protection. The proposed project will be required to rneet existing Orange County Fire Authority (OCFA) regulations regarding demolition, construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Adherence to these regulations would reduce the risk of uncontrollable fire and increase the ability to efficiently provide fire protection services to the site. The number of fire stations in the areas surrounding the site will meet the demands created by the proposed project. Resolution No. 05-35 Page 18 of 42 Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 14 Police Protection. The need for police protection services is assessed on the basis of resident population estimates, square footage of non-residential uses, etc. Development of the site would increase the need for police protection services. The developer as a condition of approval for the project would be required to work with the Tustin Police Department to ensure that adequate security precautions such as visibility, lighting, emergency access, address signage are implemented in the project at plan check. Schools. The proposed project is located within Irvine Unified School District (IUSD). The implementation of the Reuse Plan provides for a 20-acre school site to IUSD to serve the growing student population within its district. As a condition of approval for the project, the developer would be required to pay applicable school fees to IUSD prior to issuance of the building permit. Other Public Facilities (Libraries). Implementation of the entire Reuse Plan would only result in a library demand of up to approximately 2,500 square feet of library space. This relatively small amount of space is well below the library system's general minimum size of 10,000 square feet for a branch library and would not trigger the need for a new facility. General Implementation Reauirements: To support development in the reuse plan area, the Reuse Plan/Specific Plan requires public services and facilities to be provided concurrent with demand. The proposed project will be required to comply with FEISÆIR implementation measures adopted by the Tustin City Council. No substantial change is expected from the analysis previously completed in the approved FE1SÆIR for MCAS Tustin for fire protection, police protection, and other public facilities. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISÆIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEISÆIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4- 56 to 4-80 and 7-21 to 7-22) MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan XlV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? Resolution No. 05-35 __Page 19_0f42m . Attachment I to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 15 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The Reuse Plan provides for a new 84.5-acre Regional Park, a 24-acre Community Park and two (2) Neighborhood Parks of at least five-acres each, and bike and lúking paths traversing the property connecting to the bikeway/trail system, play areas associated with schools, and child care facilities. Since the Reuse Plan process included accommodation of public conveyance of approximately 35 acres of city parks and 85 acres of Urban Regional Park, individual developers were relieved of the requirement to dedicate land for park purposes. However, pursuant to the MCAS Tustin Specific Plan, the developers are required to provide in-lieu fees or public accessible park space (where approved by the City). This requirement will be included in the conditions of approval for the project. The proposed project would not generate an increase in the use of existing neighborhood parks since a park site would be included in the site. Consequently, no substantial change is expected from the analysis previously completed in the FEISIEIR for MCAS Tustin. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISIEIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEISIEIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57, 4-56 to 4-80 and 7-21 to 7-22 Reuse Plan and MCAS Tustin Specific Plan (Pages 3-145 through 3-154) Tustin Parks and Recreation Services Department Tustin General Plan xv. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, tbe volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either Individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, Including either an increase in traffic levels or a change In location that results in substantial safety risks? Resolution No. 05-35 Page 20 of 42 Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 16 d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 1) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs transportation (e.g., bus turnouts, bicycle racks)? supporting alternative The FEISÆIR indicates that transportation and circulation impacts would be created through the phased development of the approved Reuse Plan and MCAS Tustin Specific Plan. A projected 216,445 Average Daily Trips (ADI) would be generated by full redevelopment of the base by year 2020 that, if left unmitigated, would overburden existing roadways and intersections surrounding the base property. The FEISÆIR indicates that traffic circulation activities at MCAS Tustin generated a baseline of 12,400 ADT when the base was fully operational (1993). As a military facility, the FEISÆIR considered the traffic impact and developed a mitigation program to reduce potential impacts to a level of insignificance. This project will be conditioned to participate in its fair share responsibility for both on-site and off-site circulation mitigation and implementation measures. In addition, construction activities are required to be meet all Transportation related FEISÆIR Implementation and Mitigation Measures (e.g.,lane closures, street/utility construction, construction vehicle traffic, etc.). The FEISÆIR implementation and mitigation measures will reduce potential impacts to the traffic and circulation system to a level of insignificance. Consequently, no substantial change is expected from the analysis previously completed in the approved FEISÆIR for MCAS Tustin. Based upon the Traffic Study for Columbus Grove project (planning Area 21, the traffic generation identified for the 465 residential units is less than the Trip Budget identified in the Specific Plan. When compared with the Trip Budget contained in Chapter 3 of the Specific Plan, the proposed project ADT is decreased by 1,427. The development is also required to pay its fair share contribution to the Tustin legacy Backbone Infrastructure Program which includes major arterial and secondary roadway systems. Therefore, there would not be additional impacts associated with the proposed project's traffic. Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISÆIR; these measures would be included as conditions of approval for the project. Sources: Field Observation FEISÆIR for Disposal and Reuse of MCAS Tustin (Pages 3-118 through 3- 142,4-139 through 4-206 and 7-32 through 7-41) Reuse Plan and MCAS Tustin Specific Plan (Pages 3-145 through 3-154). Tustin General Plan Resolution No. 05-35 . .Page 21. of 42 Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 17 XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? The FEIRIEIR analyzed low-density residential development on the proposed site, which is consistent with the proposed project. Development of the site would require on-site improvements and off-site infrastructure improvements to utilities and roadway systems, including funding for 50 percent of the design and construction of Moffett Avenue nom Harvard Avenue to Peters Canyon Wash Bridge. Improvements to Moffett Avenue would include design and installation of a Class II bike trail, a new domestic water line if required by the Irvine Ranch Water District, a new brine line, a new reclaimed water line if required by the Irvine Ranch Water District, a new sanitary sewer line if required by the Irvine Ranch Water District, a storm drain with adequate capacity to accommodate runoff from the proposed development. The developer will be responsible for its fair share contribution to Tustin Legacy Backbone Infrastructure Improvement Program which includes but is not limited to roadways, water, sewer, and backbone underground dry utilities (electric, gas, cable TV, telephone, etc). In addition, development of the site is required to meet federal, state, and local standards for design of wastewater treatment. The number of proposed units can be supported by the Irvine Ranch Water District for domestic water and sewer services. Improvements to Peters Canyon Channel win be installed at a later date adjacent to Parcel 35 through an implementation agreement between the City of Tustin and the Orange County Flood Control District (OCFCD) as previously required by the adopted FEISÆIR. Improvements adjacent to Parcel 36 will be the responsibility of the developer including all jurisdictional wetland mitigation subject to provisions of a Cooperative Agreement between the developer and the City of Tustin. No substantial change is expected nom the analysis previously completed in the FEIS/EIR for MCAS Tustin. Resolution No. 05-35 Page 22 of 42 Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 18 Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City Council in the FEISIEIR; these measures would be included as conditions of approval for the project. Sources: Field Observations FEISIEIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3- 46,4-32 through 4-55 and 7-20 through 7-21) Reuse Plan and MCAS Tustin Specific Plan (pages 3-145 through 3-154). Tustin General Plan XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fISh or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project bave impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitats of wildlife populations or decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of FEISIEIR mitigation and implementation measures approved by the Tustin City Council, the proposed project does not cause unmitigated environmental effects that will cause substantial effects on human beings, either directly or indirectly. In addition, the proposed project does have air quality impacts that are individually limited, but cumulatively considerable when viewed in connection with the effects of the reuse and redevelopment of the former MCAS Tustin. The FEISIEIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Plan. The project proposes no substantial changes to environmental issues previously considered with adoption of the FEISIEIR. Mitigation measures were identified in the FEISIEIR to reduce impact but not to a level of insignificance. A Statement of Overriding Consideration for the FEISlElR was adopted by the Tustin City Council on January 16,2001. Mitigation/Monitoring Required: The FEISIEIR previously considered all environmental impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific Resolution No. 05-35 Page 23 of 42 -- Attachment 1 to Exhibit A of Resolution No. 05-35 Evaluation of Environmental Impacts ZC 04-002, CP 03-004, IT 16582, DR 04-004, Density Bonus Page 19 Plan. Mitigation measures have been adopted by the Tustin City Council in the FEISIEIR and would be included in the project as applicable. Sources: Field Observations FEISIEIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11) Reuse Plan and MCAS Tustin Specific Plan (pages 3-145 through 3-154). Tustin General Plan CONCLUSION The summary concludes that all of the proposed project's effects were previously examined in the FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in the severity of previously identified significant effects would occur, that no new mitigation measures would be required, that no applicable mitigation measures previously not found to be feasible would in fact be feasible, and that there are no new mitigation measures or alternatives applicable to the project that would substantially reduce effects of the project that have not been considered and adopted. A Mitigation and Monitoring and Reporting Program and Findings of Overriding Considerations were adopted for the FEISIEIR on January 16, 200 I and shall apply to the proposed project, as applicable. S:\CddIMINOOIMCAS TustinlPlanning Area 21. Tract 16507\JLH-PA 2J-Initial Study-analysis.doc Resolution No. 05-35 Page 24 of 42 X CD 0 0 c w Z m N 0 O 01, 0 O 0 0, A W N N ATTACHMENT 2 TO EXHIBIT A OF RESOLUTION NO. 05-35 PLANNING AREA 21 OF MCAS TUSTIN SPECIFIC PLAN MARBLE MOUNTAIN PARTNERS LLC TRACT 16582 Mitigation and Implementation Measures The Final EIS/ErR for the Disposal and Reuse of MCAS Tustin considered the redevelopment of the entire former base as proposed in the approved specific plan. The following identities only those EIRIEIS mitigation and implementation measures that are required of the proposed project as identified in the "Environmental Checklist." All other mitigation/implementation measures identified in the final EIS/EIR are not applicable to this project*. Implementation measures are to be required where environmental impacts are less than significant, but to support proposed development within the reuse plan area. Both implementation and mitigation measures are identified in the adopted Mitigation and Monitoring Report Program (Resolution No. 00-090) and are equally enforceable. Measures 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 Per Table 4.3-1 of Mitigation City Public Works Department ensure that infrastructure is constructed in phases as rathe Monitoring Program and Community triggered b identified threshold in Table 4.3-1. The � y Redevelopment Agency Phasing Plan provides an organizational framework to The project complies with facilitate development of the reuse plan area in tandem phasing requirements; all with infrastnrcture necessary to support the planned subdivision infrastructure development. This framework reflects the fact that each will be provided by the component of the infrastructure has its own threshold for applicant as conditioned accommodating additional development toward built -out by Resolution Nos. 3946 of the reuse plan area. The triggering mechanisms that and 3947 identify timing of key infrastructure provisions are summarized in Table 4.3-1. (b) Prior to a final map recordation (except for financing and Prior to final map recordation Project developer Community Development conveyance purposes), the development applicant shall (except for financing and Condition 3.3 of I Department (Tustin and/or enter into an agreement with the City of Tustin and City conveyance purposes). Irvine, as applicable) Attachment 2 of Exhibit A of Resolution No. 05-35 Mitigation Monitoring and Reporting Program -UX in CD as N (D O tJ C O) Q O =) A Z N O Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility of Irvine and any appropriate regional utility agencies, Resolution No. 3946 districts, and providers, as applicable, to dedicate all easement, rights-of-way, or other land determined necessary to construct adequate utility infrastructure and facilities to serve the project as determined by the city, agency, district, or other providers. (c) Prior to any final map recordation (except for financing Prior to final map recordation Project developer Community Development and conveyance purposes), the development applicant (except for financing and Condition 4.1 of Department (Tustin and/or shall enter into a secured agreement with the cities of reconveyance purposes). Resolution No. 3946 Irvine, as applicable) Tustin and/or Irvine, as applicable, to pp 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 provided with Provided with outlines required facilities necessary to provide adequate Application Deveof potable water and reclaimed water service to the Tract 16582 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 Condition 111 f non . o OCFA requirements. Resolution 3947 (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 Provided with the City of Tustin which outlines required facilities Development Application ens necessary to provide adequate sanitary sewage service to of Tract 6582 the development. Attachment 1 ofFxhibit A of Resolution No. 05-35 Mitigation Monitoring and Reporting Program X N O c v o m M CDZ N O -4. 00 cn A W .N O1 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 conveyance permits or approval of any the Irvine Public Works purposes), whichever occurs first, for development within subdivision map (except for Site not within the 00- Department, as applicable the 100 -year flood plain, grading and drainage systems financing and reconveyance year flood pain (FEMA shall be designed by the project developer such that all purposes), whichever occurs first Map dated August 9, building P ads would be safe from inundation from runoff 2002) 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. Condition 6.1 of (Tustin and/or Irvine, as agreements and permits, shall be obtained. These include Resolution 3947 applicable) but are not limited to Regional Water Quality Control Board permits, including NPDES permits; Section 404 pertnits 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 Site not within the Department, as applicable completely located within the 100 -year floodplain of the financing and conveyance A year flood pain (FEMA Flood Insurance Rate Map, the development applicant purposes). Map dated August 9, required documentation to the FEMA and shall submit all re 9 2002) demonstrate that the application for a Conditional Letter of Map Revision for changes to the 100 -year flood plain is satisfied in a manner meeting the approval of each respective city, as applicable. (k) Prior to any grading for any new development, the Project developer Tustin Building Division or Attachment 2 ojExhibit A of Resolution No. 05-35 Mitigation Monitoring and Reporting Program �C (O N (D O N C co = O O A Z N O 0 v W r. Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility following drainage studies shall be submitted to and Public Works Department approved by the City of Tustin, City of Irvine, and/or (Tustin and/or Irvine, as OCFCD, as applicable: applicable) (1) A drainage study including diversions (i.e., Prior to any grading for any new Condition 5.4 of off-site areas that drain onto and/or through the development. Resolution 3946 project site), with justification and appropriate Mitigation for any proposed diversion. (2) A drainage study evidencing that proposed Prior to any grading for any new Project developer Tustin Building Division or drainage patterns would not result in increased development. Public Works Department I00 -year peak discharges within and (Tustin and/or Irvine, as downstream of the project limits, and would not applicable) worsen existing drainage conditions at storm Condition 3.8 of drains, culverts, and other street crossings Resolution 3946 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. (2) Detailed drainage studies indicating how, in Prior to any grading for any new Project developer Tustin Building Division or conjunction with the drainage conveyance systems development. Public Works Department including applicable swales, channels, street flows, (Tustin and/or Irvine, as catch basins, storm drains, and flood water retarding, Condition 3.8 & 5.4 of applicable) building pads are made safe from runoff inundation Resolution 3946 which may be expected from all stones up to and including the theoretical 100 -year flood. (I) Prior to approval of any subdivision map (except for financing or conveyance purposes), an agreement will be I Prior to approval of any subdivision map City Tustin Public Works executed with the OCFCD that provides for the Department and Community identification and contribution of a project -specific fair Condition 4.1 & 4.2 of Redevelopment Agency Attachment 2 ojErhibit A of Resolution No. 05-35 4 Mitigation Monitoring and Reporting Program Measure*I Timing and Implementation I Mitigation Compliance I Mitigation Monitoring and Responsibility Enforcement Responsibility share contribution toward the construction of ultimate I I Resolution 3946 flood control faculties needed to accommodate built -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 nroiect developers within the proiect area. Implementation Measures for Public Services and Facilities (m) General The City of Tustin and the City of Irvine, each within its respective jurisdiction, shall ensure that adequate fire protection, police protection, and parks and recreation facilities (including bikeways/traits) needed to adequately serve the reuse plan area shall be provided as necessary. To eliminate any negative impact the project could have on each community's general fund, financing mechanisms including but not limited to developer fees, assessment district financing, and/or tax increment financing (in the event that a redevelopment project area is created for the site), shall be developed and used as determined appropriate by each City. Specifically; (1) Applicants for private development projects shall be required to enter into an agreement with City of Tustin or the City of Irvine, as applicable, to establish a fair -share mechanism to provide CD needed fire and police protection services and p parks and recreation facilities (including j bikeways) through the use of fee schedules, to 0 assessment district financing, Community :m Z Facility District financing, or other mechanisms '(0 . as determined appropriate by each respective o C� city. N C71(2) Recipients of property through public Prior to final map recordation or building permit issuance Project developer Condition 14.1 of Resolution 3947 Community Development Department Attachment 2 of Exhibit A of Resolution No. 05-35 5 Mitigation Monitoring and Reporting Program CD N CD o CO c 00 O A Z N p 0 N w Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility conveyance process shall be required to mitigate any impacts of their public uses of property on public services and facilities. (m) The cities of Tustin and Irvine shall jointly consult and Prior to final map recordation or Agreement executed Community Development coordinate with the OCPFRD/Harbors, Beaches and building permit issuance between City and OCFCD Department (Tustin and/or parks, Program management and Coordination Division, 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 their joint 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 first 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 Not Applicable 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 Conditions 11.1 to 11.5 of Irvine, as applicable) the project Resolution 3947 (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 Conditions 11.1 to 11.5 of Irvine, as applicable) access is adequate. Attachment 7 ojExhibit A of Resolution No. 05-35 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility Resolution 3947 (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. Conditions 11.1 to 11.5 of Department (Tustin and/or review and approval of the Fire Chief and ensure that fire Resolution 3947 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 Police) Prior to issuance of building permits, the project Condition 13.G of developer shall work closely with the respective Police Resolution 3947 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 (Irvine Unified Prior to the issuance of certificates of use and occupancy, School District) the project developer shall submit to the respective City Condition 14.1 of proof of payment of appropriate school fees adopted by the applicable school district. Resolution 3947 (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 Condition 12.1 & 12.2 of and Parks and Recreation financing and reconveyance purposes) or building permit building permit issuance. Department issuance for development within the City of Tustin Resolution 3946 portion of the site, the project developer shall be required to provide evidence of compliance with all requirements and standards of the City of Tustin Park Code. . (v) Prior to the first final map recordation or building permit Prior to the fust final map Project developer Irvine Community Attachment 2 of Exhibit A of Resolution No. 05-35 Mitigation Monitoring and Reporting Program Measure` Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility issuance within the City of Irvine portion of the site, the recordation (except for financing Not applicable to tracts in Development Department project developer shall be required to provide evidence of and reconveyance purposes) or Tustin compliance with all requirements and standards of the building permit issuance. City of Irvine Park Code. (w) Prior to the first final map in the City of Tustin, the Prior to the first concept plan for Resolution No. 3946 Tustin Public Works project developer shall file a petition for the creation of a tentative tract map. Department; Tustin landscape maintenance district for the project area with Community Redevelopment the City of Tustin. The district shall include public Agency 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 first building permit, maintenance of items mentioned above shall be the responsibility of a community association. (x) Prior to approval of any subdivision map (except for Prior to approval of any Project developer Community Development financing or conveyance purposes), an agreement will be subdivision map (except for City of Tustin Department (Tustin and/or executed with the following agencies for the associated financing or conveyance Irvine, as applicable) trail improvements: poses) Resolution No. 3946 a. County of Orange Harbors, Beaches — identification of a project -specific fair share contribution toward the installation of necessary regional bikeway trail improvements within Peters Canyon Channel, to be installed in conjunction with the County of Orange's other channel improvements; b. City of Tustin —the identification of a Prior to the first final map Project developer Tustin Community project -specific fair share contribution toward recordation (except for financing Development Department the installation of Class II bicycle trails through and reconveyance purposes) or and/or SCRRA/OCTA, as the project site. For the area of the site northeast buildingNot permit issuance. applicable appropriate of Irvine Center Drive, a separate agreement would be required to ensure the provision of a bikeway right-of-way easement, and design and Attachment 2 of Exhibit A of Resolution No. 05-35 Mitigation Monitoring and Reporting Program X CD 0 0 c �0 0 CD Z w w' 0 0 n A w N U1 Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility 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 and reconveyance purposes) or Not applicable improvements northerly of Barranca Parkway building permit issuance. after completion of the Barranca Channel improvements. For proposed developments adjacent to Barranca Channel, separate agreements would be required to ensure the establishment of a bikeway right -0f --way easement between Jamboree Road and Red Hill Avenue. Mitigation Measures for Aesthetics ' Vis- I 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: Conditions 7.1 to 7.9 and • landscaping concept and master signage plan; 8.1 to 8.8 of Resolution 3947 • design review and approval process; • limits on development intensity for each specific land use; • limits on height of structures and lot coverage; Attachment 2 of Exhibit A of Resolution No. 05-35 Mitigation Monitoring and Reporting Program A Z N p W rn Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility • 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 Measures for Cultural and Paleontological Resources Arch -1 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. Not applicable to this Development Department Harvard Avenue shall be surveyed to determine the project presence/absence of archaeological resources prior to grading. Arch -2 Prior to issuance of grading permits, the cities of Tustin Prior to issuance of grading Project developer Community Development and Irvine shall each require applicants of individual permits. Department (Tustin and/or development projects to retain, as appropriate, a county- Irvine, as applicable) certified archaeologist. If buried resources are found during grading within the reuse plan area, a qualified Condition 13.1 of archaeologist would need to assess the site significance Resolution 3947 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. Paleo-I The cities of Tustin and Irvine shall each require Prior to issuance of grading Project developer Community Development applicants of individual development projects to comply permits. Department (Tustin and/or with the requirements established in a PRMP prepared for Condition 13of Irvine, as applicable) the site, which details the methods to be used for .1 surveillance of construction din assessingfinds, and Resolution 3.1 Attachment 2 of Exhibit A of Resolution No. 05-35 10 Mitigation Monitoring and Reporting Program Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility 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 Prior to issuance of grading Project developer Community Development applicants shall provide written evidence to each city, that permits. Department (Tustin and/or a county -certified paleontologist has been retained to Condition 13.1 of Irvine, m applicable) conduct salvage excavation of unique paleontological Resolution 3947 resources if they are found. Mitigation Measures for Traffic/Circulation T/C-1 Construction Prior to site development permit. Project developer Public Works Department (Tustin or Irvine, as In conjunction with the approval of a site development applicable) permit, the City of Tustin and the City of Irvine, as applicable (for that portion of the reuse plan within Condition 13.1 of Irvine), shall require each developer to provide traffic Resolution 3947 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. 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 Staff received final traffic applicable) (for that portion of the reuse plan area within Irvine), shall study addressing ensure that the arterial intersection improvements required cumulative ADT in 2005 and 2020 and as indicated in Tables 4.12-7 and thresholds and fair share Attachment 2 ojExhibit A ojResolation No. 05-35 11 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility 4.12-9 of the Final EIS/EIR (see Tables 2 and 4 and at the responsibility for end of this Mitigation Monitoring and Reporting mitigation improvements; Program) are implemented for their respective traffic study determined jurisdictions according to the cumulative ADT thresholds need for traffic signal at identified in each table and according to the fair share Harvard; required by basis noted. The ADT threshold represents the traffic various Conditions of volume which would result in an impact and the fair share Resolution No. 3946 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 Addressed by backbone Final EIS/EIR (see Table 3 at the end of the Mitigation specific triggering mechanism. infrastructure fee Monitoring and Reporting Program). The method of requirement — C on Condition Con implementing improvements, e.g., restriping, ramp 4.1 Resolution 3946 widening, shall be based on special design studies, in association with Caltrans. T/C-4 The City of Tustin and the City of Irvine, as applicable 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 Addressed by backbone traffic analysis and as shown in Table 4.12-10 of the Final Program for each specific infrastructure fee EIS/EIR (see Table 5 at the end of the Mitigation triggering mechanism. requirement— Con Con Condition Monitoring and Reporting Program) are implemented 4.1 Resolution 3946 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, Aaacnment a of trntort A of Resolution No, 05-35 12 Mitigation Monitoring and Reporting Program CD 0 0 c_ CE � 0 CD Z w0 � 4 o 0 0, A W N N Measure' Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility 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. T/C-5' 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 Resolution 3946 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-6' 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 Final traffic study Departments (Tustin and/or accounting for the cumulative ADTs generated by EIS/EIR (see Table 5 at the end cumulative Irvine, as applicable) development projects within the reuse plan area. As each of the Mitigation Monitoring and ADTe; City monitoring ADTe;identifCi cumulative ADT threshold shown in Table 4.12-10 (see Reporting Program for each will determine timing of Table 5 at the end of the Mitigation Monitoring and specific triggering mechanism). roadway improvements Reporting Program) is reached, the roadway identified in MMP Table improvements listed shall be constructed before any 5• per project final traffic Table references in the mitigation measures have been changed from Final FEIS/EIR to match the correct table numbers in the FEIS/EIR. Attachment 2 of Exhibit A of Resolution No. 05-35 13 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility additional projects within the reuse plan area are study, project does not approved. exceed ADT threshold level requiring roadway improvements shown in Table 5. IA -I Table 4, 12-10 of the Final EIS/EIR (see Table 5 at the See Table 4.12-10 of the Final City of Tustin Community Development end of the Mitigation Monitoring and Reporting Program) EIS/EIR or Table 5 at the end of and Public Works presents the Phasing Plan for the on-site circulation the Mitigation Monitoring and Departments (Tustin and/or system. The Phasing Plan for the on-site circulation Reporting Program for each Po gIrvine, Final traffic study as applicable) system. The Phasing Plan is based upon traffic circulation specific triggering mechanism. identified cumulative impact and mitigation analyses contained in the Traffic ADTe; City monitoring Report (Final Appendix F of the Final EIS/EIR). Under will determine timing of this Phasing Plan, the City of Tustin shall monitor all new roadway improvements development within the Specific PI P p an, accounting for the identified in MMP Table cumulative ADT generated by development projects. As 5; per project final traffic each ADT threshold is reached, the roadway study, project does not improvements listed in Table 4.12-10 of the Final exceed ADT threshold EIS/EIR (see Table 5 at the end of the Mitigation level requiring roadway Monitoring and Reporting Program) shall be constructed improvements shown in before any additional projects within the Specific Plan Table 5. 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 Not applicable to this neighborhood by Planning Area and the Associated ADT. specific triggering mechanism. project; staff is (Residential uses are shown for information only; they are monitoring ADT levels not part of the budget). Pursuant to Section 3.2.4 of the associated with non - Specific Plan, the City of Tustin shall implement the trip residential development. budget by neighborhood to control the amount and intensity of non-residential uses. Trip Budget transfers between neighborhoods shall also be implemented as directed in subsection 3.2.4 of the Specific Plan. IA -3 Prior to [he approval of (1) a Planning Area Concept Plan Prior to the approval of (1) a I Project developer I Tustin Community suant to Section 4.2 of the Specific Plan, 2 a site 1 lanning Area Concept Plan Development and Public Attachment 2 ofExhibitA ofReso/ution No. 05-35 14 Mitigation Monitoring and Reporting Program Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility 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 Not applicablee to this Plan, this EIS/EIR and the requirements of the City of square footage (not for financing project; staff Tustin Traffic Engineer. The traffic information shall (a) or conveyance purposes). monitoring ADT levels identify and assign traffic circulation mitigation measures associated with non - required in the EIS/EIR pursuant to the Phasing Plan residential development. described in Table 4.12-10 of the Final EIS/EIR (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. IA4 Prior to the issuance of building permits for new Prior to the issuance of building Project developer Tustin Community development within planning areas requiring a concept permits. Development and Public plan, a project developer shall enter into an agreement Not applicable Works Departments with the City of Tustin to (a) design and construct roadway improvements consistent with the ADT generation Phasing Plan described in Table 4.12-10 of the 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. IA -5 If a subsequent traffic Phasing Plan demonstrates that Prior to the issuance of building Project developer Tustin Community Development and Public certain circulation improvements should be included in a permits. Works Departments different phase of Specific Plan development (accelerated or delayed) or that a circulation improvement can be Not applicable to this substituted, the mitigation Phasing Plan in Table 4.12-10 project. Attachment 2 ofErhibit A of Resolution No. 05-35 15 Mitigation Monitoring and Reporting Program -Ux 0) CD CO N <D O A C O Q o n A Z to O Measure* Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility 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 Completed as part of Departments the effects of the Specific Plan are constructed pursuant to FEISIEIR approval. improvement programs established by the respective jurisdiction. 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 Resolution 3947 and Irvine, as applicable) pedestrian access to regional hiking trails, parks, schools, Resolution No. 3946 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. Condition 3.15 of Department (Tustin and/or Irvine, as applicable, shall require individual development Resolution 3947 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 Attachment 2 of Exhibit A of Resolution No. 05-35 16 Mitigation Monitoring and Reporting Program X CD N O_ I � W O m M N Z ,.4.0 O O cn A (a 'N N i Measure" Timing and Implementation Mitigation Compliance Responsibility Mitigation Monitoring and Enforcement Responsibility construction trucks off congested streets, consolidating truck deliveries, and providing dedicated turn lanes for movement of construction trucks and equipment onsite and offsite. Use electricity from power poles rather than temporary diesel or gasoline powered generators. Reduce traffic speeds on all unpaved roads to 15 mph or less. Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment or 150 total daily trips for all vehicles. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for four days or more). - Replace ground cover in disturbed areas as quickly as possible. - Enclose, cover, water twice daily, or apply approved soil binders according to manufacturers' specifications, to exposed piles of gravel, sand, or dirt. Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least two feet of freeboard (i.e., minimum vertical distance between top of the load and top of the trailer). - Sweep streets at the end of the day if visible soil material is carried over to adjacent roads use Attachment 2 of Exhibit A ojResolution No. 05-35 17 Mitigation Monitoring and Reporting Program -UX CD M N CD O A C N O D A Z N O Measure" Timing and Implementation Mitigation Compliance Mitigation Monitoring and Responsibility Enforcement Responsibility water sweepers with reclaimed water when feasible). - Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the site each trip. AQ -2 Unless determined by the City of Tustin and the City of 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 characteristics, each city shall require individual Condition 3.15 of Irvine, as applicable) development projects to use low VOC architectural Resolution 3947 coatings for all interior and exterior painting operations. 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, Condition 12.1 to 12.3 of insulation, or similar devices to ensure that interior and Resolution 3947 exterior noise levels at these residential units do not exceed applicable 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 prescribed by state requirements and local city ordinances Condition 12.1 to 12.3 of Irvine, as applicable) and general plans. Plans demonstrating noise regulation Resolution 3947 conformity shall be submitted for review and approval prior to building permits being issued to accommodate reuse. *Measures LU -1, LU -2 have been completed; Hist 1,2, 3,4,5. Bio 1,2,3,4, and N-2, N-4 do not apply to the project site; AQ -3, AQ4 do not apply to residential projects, TC -7, TC -8 have been created through the adoption of the FEIS/EIR and staff is monitoring, TC -9 has been completed. Attachment 2 of Exhibit A of Resolution No. 05-35 18 Mitigation Monitoring and Reporting Program