HomeMy WebLinkAboutCC RES 86-28~.
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RESOLUTION NO. 86-28
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT
EIR 85-2, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
The City Council of the city-of TustiQ does hereby resolve as follows'
I. The City Council finds and determines as follows'
A. That an Environmental Impact Report would be requlred due to
potential effects identified in an initial questionnaire done
for the General Plan Amendments, Zone Change, and Specific Plan
for the East Tustin area. (Collectively referred to hereafter as
the "Pro ject" ).
B. That a Draft Environmental Impact Report (Draft EIR 85-2) for
the proposed Project has been prepared for the city of Tustin by
Michael Brandman Associates.
C. That distribution of the Draft 'EIR was made to interested public
and private agencies with a solicitation of comments and
evaluation.
D. That a public hearing was duly called, noticed and held on the
Draft E IR.
E. That the public review period for the Draft EIR ended on January
31, 1986. That incorporated within the EIR are comments of the
public, Planning Commission, staff and other agencies, and
responses thereto.
F. That the Draft EIR is a program EIR and is subject to the
following provision of the State Guidelines for the California
£nvironmental Quality Act: "That subsequent activities shall be
examined in the light of the program EIR to determine whether an
additional 'environmental document must be prepared." The City
shall use an initial questionnaire to document the evaluation of
subsequent activities to .determine whether the environmental
effects of the activities are covered in the Program EIR.
G. That the Draft EIR was prepared in compliance with the
California Environmental Quality Act, State Guidelines, and the
policies of the city of Tustin.
H. That the Draft EIR including comments and responses has been
reviewed by staff, and represents their independent evaluation
and analysis.
I. That the Draft EIR was distributed to t~e Planning Commission
and that they reviewed this document, received public testimony
and considered comments and responses thereto in their review of
the Project involving the East Tustin area, as shown in adopted
Planning Commission Resolution No. 2300.
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Resolution No.
pa ge two
86-28
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That the Draft EIR comments, responses, and attachments have
been reviewed and considered, and that mitigation measures have
been incorporated into the Project that eliminate or
substantially lessen the significant environmental effects
thereof as identified in Draft EIR, comments, responses, and
attachments; and it is determined that any remaining significant
effects on the environment found to be unavoidable have been
balanced against the benefits of the Project and against the
Project alternatives and those benefits have been found to be
overriding. This statement of overriding considerations and all
environmental'effects and mitigating measures are listed in the
attached document, Exhibit "A". Mitigation measures are
speci fled as conditions in this resol uti on.
K. That the Draft EIR 85-2, plus comments, responses and
attachments, constitute Final EIR 85-2.
II.
The City Council of the city of Tustin does hereby certify that Final
EIR 85-2 has been completed in compliance with the California
Environmental Qual i ty Act.
PASSED AND ADOPTED at a regular meeting of
the 17th day of March, 1986.
the Tusti n City Counci l,
, 1986.
held on
ATTEST'
FRANK GREINKE, MAYOR
MARY E. ~N~~,'
EXHIBIT A
CEQA FINDIN~ AND STATEMENT OF FACTS
SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED
PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND
STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH
RESPECT TO THE PROPOSE'D AMENDMENT OF THE TUSTIN
GENERAL PLAN AND SPECIFIC PLAN
The California Environmental Quality Act (CEQA) and the State. EIR Guidelines
(Guidelines) promulgated pursuant thereto provide:
"No public agency shall approve or carry out a project for which an
Environmental Impact Report has been completed and which identified one or
more significant effects of the project unless the public agency makes one or
more written findings for each of those significant effects, accompanied by a
brief explanation of the rationale for each finding" (Section 15091).
The finding and statements of facts delineated herein are organized in the following
manner:
~igni[i_¢ant~ffeet - Each finding is prefaced by a brief description of the relevant
significant effect which is identified within EIR 85-2.
Finding- Specific to the significant effect
Section 15091 of the CEQA Guidelines.
is a finding made pursuant to
Fac.ts. in. S~upp~0rt_.0f_Finding - Following each finding is a brief explanation of the
rationale for each finding.
The order in whieh the significant impacts are identified herein follows the order in
which issues are addressed Within the DEIR.
The City of Tustin proposes to approve amendments to the Tustin General Plan Land
Use Element, Circulation Element and Seismic Safety Element, as well as a zone
change and a specific plan for the area referred to as the East Tustin Specific Plan
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site. Because the proposed actions constitute a project under CEQA and the
Guidelines, the City of Tustin has prepared an Environmental Impact Report (EIR).
Final EIR 85-2 has identified certain significant cf{cots which may occur as a result
of the project proposal. The City Council has reviewed and considered the
information contained in the final EIR and desires to approve the project with the
following findings and statement of overriding considerations.
FINDINGS
s_ignifieant _Effect - Existing terrain within the study area will be modified as a result
of earthwork and grading operations for the proposed project. Resultant alterations
will be directed towards the creation of developable areas for the construction of
homes and offices; commercial, public and recreational facilities; and other land uses
permitted by the specific plan and associated support facilities (roads, utilities,
drainage control, etc.).
FINDING 1 - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
ide'ntified in the final EIR.
Facts in Supp0.r.t of_ F!nding- The project land use plan provides for the lower
intensity uses to be located within hillside portions of the site, thereby lessening the
amount of hillside grading required for the creation of developable areas. Also, the
land use plan provides for a potential regional park, which, if approved, would serve
to substantially reduce landform alteration impacts within the northern portion of
the site. The specific plan provides for the clustering of development within hillside
areas to further reduce the amount of landform alteration associated with
development. Hillside District Guidelines incorporated into the specific plan will
serve to minimize grading and landform alteration impacts and promote the
integration of development design with existing topographical features onsite (see
Mitigation Measures listed in Attachment 1).
Additional specific mitigation measures may be required in conjunction with
subsequent technical studies required for further discretionary actions. The nature
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of such studies and relationship to the project proposal are described in
Attachment 2.
All significant environmental effects that can feasibly be avoided have been
eliminated or substantially lessened by virtue of project design considerations and
mitigation measures identified in the final EIR and incorporated into the project or
further discretionary actions as set forth above.
FINDING 2 - Specific economic, social or other considerations make infeasible
project alternatives identified in the final EIR.
Faet_~i~ Support of Finding- Development of the project site under any of the
project alternatives, with the exception of the No Project Alternative will result in
impacts to the existing topography of the study area. It is recognized that
alternatives requiring less development than the current proposal provide the
potential for less impacts on the existing topography. More specifically, the Existing
General Plan Alternative proposes less development and would require less area
subject to grading if large lots with natural contours/features were utilized
extensively. The Existing General Plan Alternative proposes less development than
the current proposal (6,960 dwelling units vs. 7,950 dwelling units); however, the type -
development allowed under both proposals (the existing general plan and the specific
plan) is the same for the hillside portions of the site (up to 2 du/aere). Unless the
Existing General Plan Alternative adopted the grading restrictions identified in the
East Tustin Specific Plan, the hil.lside grading impacts of this alternative would be
greater than those of the current proposal. Other alternatives, including Maximum
Residential and Maximum Commercial Development would also require substantial
grading.
These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is aeeeptaDle when ~)alaneed against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
Sig~_i_.f!.cant ~ffect - Development within the project site wil[ subject future residents
to the potential for seismic activity. In addition to the potential for regional seismic
aeti¥ity endemic to Southern California, the E1 Modena Fault which traverses the
northern portion of the site may be considered to be 8etive.
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FINDING I - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
F~act_s_ in S_u~ppo_rt p_f_ Fi~nd_ing- Mitigation measures incorporated into the project (see
Attachment 1) require that additional detailed geotechnical investigations be
conducted to further assess potential geologic hazards, including the potential active
status of the E1 Modena Fault. If the E1 Modena Fault is determined to be classified
as active, structural setbacks from the fault line will be required, and incorporated
into the project design. Also, all structures will be designed in accordance with
seismic design standards and the Uniform Building Code.
As stated above, additional specific mitigation measures may be required in
conjunction with subsequent technical studies required for further digcretionary
actions. The nature of such studies and relationship to the project proposal are
described in Attachment 2.
All significant environmental effects that can feasibly be avoided have been
eliminated or substantially lessened by virtue of mitigation measures identified in
the final EIR and incorporated into the project or further discretionary actions as set
forth above.
FINDING 2 - Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
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Facts in_.SuppoFt 0.f .Finding - Development of the project site under any of the
project alternatives, with the exception of the No Project Alternative, would subject
future residents to the potential for local and regional seismic activity.
These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
Signif~icant_Effects - Surface runoff and drainage flows will increase from site
development. Conversion of the project site from agricultural uses to urban uses will
alter the existing quality of surface runoff and water percolation.
FINDING 1 - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
Facts_ in..S~p_p0_rt of F!nding - The project proposal includes a drainage/flood control
concept plan intended to provide for the development of a system which adequately
accommodates increased runoff flows. Integrated with this concept plan will be
detailed drainage/hydrology studies prepared at design levels of planning. The
preparation, review and approval of these studies and resultant drainage/flood
control improvements will be coordinated with the City of Tustin and the Orange
County Environmental Management Agency and other local jurisdiction (i.e., City of
Irvine), as appropriate, relative to each agency's jurisdiction for affected
drainage/flood control facilities (see Mitigation Measures in Attachment 1).
Similarly, detailed erosion control measures and pollution control plans will be
developed and implemented as appropriate at detailed levels of planning. Design and
implementation of erosion control plans will be coordinated with the California
Regional Water Quality Control Board, Santa Ana Region. Continued participation in
the Upper Newport Bay Sedimentation Control Plan program by the City of Tustin
and The Irvine Company being the project applicants, will facilitate the
incorporation of erosion/pollution control measures into the project design and
operation.
Additional specific mitigation measures may be required in conjunction with
subsequent technical studies required for further discretionary actions. The nature
of such studies and relationship to the project proposal are described in
Attachment 2.
All significant environmental effects that can feasibly be avoided 'have been
eliminated or substantially lessened by virtue of mitigation measures identified in
the final EIR and incorporated into the project or further discretionary actions as set
forth above.
FINDING 2 - Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
Facts in SuDPPr~_of ~_inding - Development of the project site under any of the
project alternatives, with the exception of the No Project Alternative, would result
in increased surface runoff and drainage flows. Although less development is
proposed under the existing general plan alternative, the absence of a golf course,
and development most likelY being distributed throughout the project site would
result in the amount of impervious surface being comparable, if not greater than,
that of the current proposal. In such case, the associated rUnoff impacts of this
alternative would be similar to or greater than the current project's impacts. The
drainage/flood control improvements required for this alternative would be basically
the same as currently proposed, however, the costs for such improvements would be
assigned to a smaller development base. Hydrology impacts associated with other
project alternatives, including Maximum Residential Development and Maximum
Commercial Development, would be comparable to those of the current proposal.
Relative to potential erosion/water pollution impacts, all of the alternatives
proposing urban development would have impacts similar in nature. The No Project
Alternative would allow continued operation of agricultural activities~ within the
project site. Continued agricultural land uses would also cause ongoing water quality
impacts resulting in erosion/sedimentation and surface runoff/percolation (i.e.,
pesticides, herbacides, etc.) even under current agricultural Best Management
Practices. Consequently, water quality impacts would not be lessened under this
alternative.
These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
At tachment 3.
The remaining, unavoidable significant'effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
BioloL~
Significant- Effg?t- Development of the project site will result in the removal of
much of the existing onsite vegetation and the associated loss of wildlife habitat.
Existing onsite vegetation associations which would be impacted include agricultural;
eucalyptus groves; grassland; coastal sage scrub; riparian brush; and freshwater
marsh. This project, in itself and in conjunction with other past, present and
reasonably foreseeable future projects, will have a significant cumulative adverse
impact on existing biological resources in the project vicinity.
FINDING i - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
Facts .__in_ Support_..0.f_~Finding - The most notable biological resources are located
primarily in the northern portion of the project site. The project land use plans
propose lower intensity land uses in the northern portion of the site which enhances
the potential of retaining existing vegetation/habitat to the extent possible and
feasible. Specific Plan provisions allowing the clustering of development further
enhances this potential for retaining biological resources. The Specific Plan provides
for a potential regional park within the site which, if approved, would significantly
reduce the amount of vegatation/habitat removal associated with the project.
Mitigation measures incorporated into the project (see Attachment 1) delineate other
measures which serve to reduce potential impacts to biological resources. Several of
these measures provide general direction and guidance for the development and
implementation of more specific mitigation measures at detailed'i~~-0-~'"~ri-/iing.
For example, the preservation of existing biological features will be considered in
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the future selection and design of neighborhood parks. Although such determinations
would typically be made at more detailed levels of planning, some design/land use
concepts for retaining existing biological resources are included in current project
plans. These include retaining the onsite redwood grove in a neighborhood park,'and
increasing the water supply to the onsite freshwater marsh to enhance the biological
and aesthetic value of the local area. As noted below, future studies associated with
the project proposal may require additional measures for mit{gating potential
impacts. For example, any alterations and/or development proposed in the riparian
areas adjacent to the two natural stream channels onsite would first require
obtaining a 1603 permit from the State Department of Fish and Game. The 1603
permit process includes a'thorough investigation of potential biological impacts and
the development and implementation of mitigation measures as appropriate.
Additional specific mitigation measures may be required in conjunction with·
subsequent technical studies required for further discretionary actions. The nature
of such studies and relationship to the project proposal are described in
At tachment 2.
All significant environmental effects that can feasibly be avoided have been
eliminated or substantially lessened by virtue of mitigation measures identified in
the final EIR and incorporated into the project or further discretionary actions as set
forth above.
FINDING 2 - Additional changes or alterations that would avoid or substantially
lessen the significant effect are within the responsibility and jurisdiction of other
public agencies and not the City of Tustin. Such changes can and should be adopted
by such other agencies.
F_ac~ts _in Su?P~0~- o~f. Findi~ngs - The determination of specific measures to mitigate
impacts on wetland and riparian areas along the two onsite stream courses will occur
through the 1603 Permit process, and, if required, the 404 Permit process. These
processes are within the jurisdiction of the California Department of Fish and Game
and the U.S. Army Corps of Engineers, respectively.
FINDING 3 - Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
F_acts in Sup~_p~rt of Fin~i~ng- Implementation of any of the urban development
alternatives would require removal of most of the existing onsite vegetation.
These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project 'alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
Cultural Resources
s_ignifieant Effect - Development of the project site presents the potential for
impacts to five archaeological sites located within the study area. Also, a portion of
The Irvine Company Agricultural Headquarters complex, which may be of historic
significance, is located within an area proposed for urban uses and could be
impacted.
FINDING i - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
F~aets in. S~pp_of~t of Finding- Mitigation measures incorporated into the project (see
Attachment 1) require that additional detailed studies of the archaeological sites and
of the agricultural headquarters complex' be conducted to clearly identify the nature
and extent, as well as the significance, of these cultural resources. These studies
will provide the basis for developing and implementing appropriate specific
mitigation measures in accordance with Section 21083.2 of the Public Resources
Code.
FINDING 2 - Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
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F__ac~ts~=]~_Supp_~r~t p~_F!nding- With the exception of the No Project Alternative,
development under any of the project alternatives presents the same potential for
impacts to onsite cultural resources.
These alternatives were evaluated in the EIR and considered during the course of the
public review process. .Said project ~alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining unavoidable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Consi(~erations attached
hereto.
Land Use
Si~ni~fi_c~a. nt Effee~_(a) Development of the project site will result in the gradual
conversion of existing agricultural and open space uses onsite to urban uses. This
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project, in conjunction with past, present and reasonably foreseeable future projects,
w~l! have a significant cumulative impact on the intensity of land use ~n the project
vicinity.
FINDING I - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the· final EIR.
Fac_ts in Sup~o~~f Fin. ding - The land use plan, regulations and design concepts
incorporated in the specific plan serve to facilitate land use compatibility both
within the project site and adjacent to the project site. Land use and design features
incorporated into the project proposal are intended to be responsive to the existing
residential uses adjacent to the western boundary of the site. Similar to nearby
existing development, the uses proposed along the western portion of the site are
limited to single-family detached residential development with densities
progressively decreasing from south to north. The proposed density ranges are
generally comparable to the existing densities within the subject area.
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All significant environmental effects tha{ can feasibly be avoided have been
eliminated or substantially lessened by virtue of mitigation measures identified in
the final EIR and incorporated into the project or further discretionary actions as set
forth above.
FINDING 2- Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
Fac_ts in Supp..ort .of Finding- The conversion of the project site from open space and
agricultural uses Would only be avoided under the No Project Alternative. The No
Project Alternative, however, would be inconsistent with the General Plan objective
of developing urban uses within the project site. The Maximum Residential and
Maximum Commercial Alternatives would result in land use intensities comparable
to or greater than those of the current proposal. The Existing General Plan
Alternative provides for a lesser intensit~ of development than currently proposed.
However, the reduced development associated with this alternative would make the
provision of 150 acres of open space and recreational uses infeasible, and Would
increase the per capita share of infrastructure/improvement costs. Development
under the Existing General Plan Alternative would also not provide the commercial
and employment opportunities which are provided by the current proposal. Relative
to the compatibility of proposed uses with existing uses along the western boundary
of the site, the Existing General Plan alternative would not offer much advantage
over the current project proposal. Along the western border of the site, both
proposals allow up to 2 du/acre in the northern hillside areas; and in the central and
southern portions the allowable density would only be reduced by 1 du/acre under the
existing general plan (5 du/acre vs. 4 du/acre).
These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project alternatives were rejected in favor of the
current proposal 'for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations Attached
hereto.
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sj~g~.jf~eant_~Effect~(b~)- Development of the p~oject site will expose future residents
to potential impacts from military flight operations within the corridors, particularly
the Browning Corridor.
FINDING 1 - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
Facts in Suppo~r.t-~pf_..F_inding- The project land use plan includes a 150-acre golf
course beneath the Browning Corridor. This land use concept reduces the. extent of
urban development in close proximity to flight operations within the Browning
Corridor, and also provides a relatively safe emergency landing area, should the need
arise.
Also, the Specific Plan incorporates provisions of the Browning Corridor agreement
which is intended to enhance the compatibility of military flight operations with
nearby urban uses.
FINDING 2 - Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
Fac_t__s~ .in _S. upp~rt .of F~ind~i~ng_- With the exception of the No Project Alternative,
development under any of the project alternatives would expose future residents to
potential impacts from military flight operations. Although the Existing General
Plan Alternative proposes less development than the current proposal, the Existing
General Plan Alternative would allow greater proportion of development located
beneath or near the Browning Corridor due to the absence of a large golf course or
open space area.
These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project alternatives .were rejected in favor of the
current proposal for the reasons cited above, as well as for reasons noted in
Attachment 3.
The remaining unavodable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
S_ig~n~ifie.ant~..Effeet- This'project, in itself and in conjunction with past, present and
reasonably foreseeable future projects, will exceed SCAG growth projections for the
area. As such, the project, both individually and cumulatively, will have a significant
adverse impact on planning programs which are based on the SCAG growth
projections. Specifically, the South Coast Air Quality Management Plan is based on
the SCAG 82A Growth Forecasts.
FINDING I - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
Facts in Support of Finding- Mitigation measures incorporated into the project (see
Attachment' 1) include the requirement that during the preparation and review of
subdivision maps for the project, measures which can provide for reductions in air
pollution emissions (i.e., ridesharing, alternative transportation modes, public transit)
be identified and incorporated into subdivision map conditions, as feasible and
appropriate.
Ail significant environmental effects that can feasibly be avoided have been
eliminated Or substantially lessened by virtue of mitigation measures identified in
the final EIR and incorporated into the project or further discretionary actions as set
forth above.
FINDING 2 - Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
F.a~t~s~i~n ~upport .of~_F. inding- With the exception of the No Project Alternative,
development under any of the project alternatives would exceed the SCAG growth
projections, both individually and cumulatively. Even the Existing General Plan
Alternative which allows up to 6,950 dwelling units would exceed the SCAG
projection for Tustin which indicates an increase of 5,942 dwelling units in 1985-
2000.
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As discussed in Sections 5.0 and 8.0 of the DEII{, the project .provides significant
housing resources in proximity to major employment centers. On a regional basis,
this can significantly reduce regional VMT by providing housing for workers who
would otherwise have to commute from Southern Orange County or Riverside County
residential areas. This concentration of housing in close proximity to major
employment centers thus carries out SPecific SCAG regional development policies
reviewed in other ' environmental documents (i.e., Irvine Center EIR). Similarly, the
inclusion of employment and commercial centers in the project proposal allows for a
more balanced plan with potential traffic impacts correspondingly reduced (see De__~l
M_ar_~s.~ S.an D.i~go (1982) 183 Cal. App. 898 and 905-905).
Project alternatives were evaluated in the EIR and considered during the course of
the public review process. Said project alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable Significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
Signi_fiean~tEffect- Implementation of the project proposal will ultimately result in
the elimination of existing agricultural activities and loss of farm[and. This project,
in conjunction with past, present and reasonably foreseeable future projects, will
have a significant cumulative adverse impact on farmland and agricultural
production in the project vicinity.
FINDING I - Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
Fa. et.s. ~in Supp0rt~_of Finding - The only project alternative or mitigation measure
which would avoid the loss of farmland and elimination of agricultural activities is
that of No Project. However, this alternative is not consistent with the city and
county general plans which designate the site for' urban development. Furthermore,
maintaining the project site ~ farmland with continued agricultural production
activities is not considered to be a long-term v.iable use of the site. Several faetors
currently limit the agricultural potential of the site, including, but not limited to,
the economic lifespan of existing crops and orchards, market demand conditions and
operation costs, particularly water costs. Ail other project alternatives which were
evaluated in EIR 85-2 would have, basically, the same agricultural impacts as the
current project proposal.
These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
Trans ~porta tigon/,C~eulati on
Signifiea.n.t E.f.f..e~t _(a) - This project, individually and in conjunction with other past,
present and reasonably foreseeable future projects, will have a significant' adverse
impact on traffic and circulation. With the addition of up to 166,077 average daily
trips at buildout, roadways and intersections in the project vicinity will be impacted.
FINDING I - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
Facts..i.n Supp. o_rt 0f__Finding - The East Tustin Specific Plan includes a circulation '
plan intended to provide an adequate circulation system for project traffic, and
mitigate imp~tets on the existing eireulstion system. Circulation system
improvements proposed as part of the project will serve to lessen project impacts as
well as mitigate cumulative traffic impacts expected to result from area-wide
traffic increases (see Attachment 1). Speeifieal. ly, the proposed I-5/Jamboree Road
interehsnge will lessen project impacts on the existing I-5/Red Hill interchange, as
well as lessen cumulative impacts on the interchange. The project's fair share
contribution to .the costs of improving Irvine Boulevard from four to six lanes, from
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Newport Avenue to Browning, will serve to mitigate project traffic impacts on the
subject roadway.
Additional specific mitigation measures may be required in conjunction with
subsequent technical studies required for further discretionary actions. The nature
of such studies and relationship to the project proposal are described in
Attachment 2.
All significant environmental effects that can feasibly be avoided have been
eliminated or substantially lessened by virtue of mitigation measures identified in
the final EIR and ~ncorporated into the project or further discretionary actions as set
forth above.
FINDING 2 - Additional changes or alterations that would avoid or substantially
lessen the significant effect are within the responsibility and jurisdiction of other
public agencies and not the City of Tustin. Such changes can and should be adopted
by such. other agencies.
Fac_t_s_inSup__p?_rt .o_f__Finding - A number of regional circulation system improvements
which will ultimately influence the nature and extent of East Tustin traffic impacts
are currently being studied. Most notably, the Eastern Transportation Corridor Study
and the Bottleneck Study address regional transportation facilities which are in the
immediate vicinity of the project site. Both studies are currently considering
numerous alternatives relative to future roadway alignments and the utilization
and/or improvement of existing circulation facilities in the project vicinity. The
project plan does reflect efforts to accommodate Bottleneck options as evidenced in
the proposed retention of right-of-way for the Old Myford overcrossing (see
Mitigation Measure 31 of Attachment 1). The ultimate selection and implementation
of preferred alternatives would influence the distribution of project traffic, and
could influence land use patterns within the project site as well. The subject studies
are only in conceptual stages at this time, and the responsibility for the studies lies
primarily with the County of Orange and the Orange County Transportation
Commission. As such, it is not possible at this time for the City of Tustin to
incorporate changes or alterations into the project which respond directly to these
future regional circulation system improvements.
FINDING 3 - SPecific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
F_aets_i~ _Support.~f Fi.n.d_ing- With the exception of the No Project Alternative, all of
the project alternatives would generate a substantial amount of traffic. Of the
development alternatives, the Existing' General Plan Alternative would generate the
least amount of traffic. This alternative would generate approximately 103,000 daily
trips as compared to the 166,000 daily trips generated by the current proposal.
Traffic from .this alternative would still have a significant impact on surrounding
streets and intersections. Cumulative impacts associated with this alternative would
also be significant. Due to this alternative's smaller development base as compared
to the current proposal, impacts relative to the funding of circulation improvements,
both exclusive to the project site and in fair-share contributions to offsite
improvements, would be more adverse. The potential inability of a smaller
development base to fund proposed major circulation improvements, such as the
I-5/Jamboree Road interchange would result in greater impacts on existing facilities,
both from project traffic and area-wide traffiC, should these improvements not
occur. Other project alternatives, including Maximum Residential Development and
Maximum Commercial Development provide a greater potential for funding traffic
· system improvements, but would generate traffic volumes comparable to the current
proposal.
These alternatives were evaluated in the EIR and considered during the course of the
public 'review process. Said project alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
Signifiean.t_ .Effee_ts__(b_) - The proposed easterly extension of Lower Lake Drive,
Foothill Boulevard and La Colina will result in a substantial increase in non-project
related through traffic over current levels neat- the roadway~s existing termini.
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FINDING 2 - Additional~changes or alterations that would avoid or substantially
lessen the significant effect are within the responsibility and jurisdiction of other
public agencies and not the City of Tustin. Such changes can and should be adopted
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by such other agencies.
Facts_i_n_Su_p_~pgrt_ of .~i. nding- The easterly extension of Lower Lake Drive, Foothill
Boulevard and La'Colina within the study ama provides for' consisfency with the
Orange County Master Plan of Arterial Highways. It is assumed that in designating
these roads as commuter level facilities, the County of Orange has undertaken the
necessary planning studies to ensure thst such designation is appropriate. The
improvement of these roadways as through streets as dictated by the Orange County
MPAH will inet'ease non-project related through traffic neat- the existing roadway
termini. The resultant traffic volumes are within the capacities of the roadways~
designations as determined by the County of Orange.
The City of Tustin can and will make efforts to minimize impacts, to the extent
possible, at the proposed westerly connections (i.e., requiring as part of subdivision
review and approval, that the proposed circulation design and roadway alignments
are of a character which discourages through traffic and serves only neighborhood
traffic). However, the ultimate responsibility for mitigating impacts associated with -
implementing the MPAH lies with the Count7 of Orange.
Air Qua ty
_ _ _
S_ig_n_i_f_i~a~t Ef_fee~- This project individually and in conjunction with other past,
present and reasonably foreseeable future projects, will result in an incremental
degradation of air quality.
FINDING 1 - Changes or alterations have been required in, or ineorporhted into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
Faets.~in Support qf Fi~ndin~_- Mitigation measures for the project require that steps
to reduce air pollution emissions be evaluated 8nd integrated in the project as p~t of
subdivision map review and approval (see Attachment 1).
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All significant environmental effects th.at can feasibly be avoided have been
eliminated or substantially lessened by virtue of mitigation measures identified in
the final EIR and incorporated into the project or further discretionary actions as set
forth above.
FINDING 2 - Specific economic, social or other considerations make infeasible the
project alternatives.identified in the final EIR.
Facts in Support ~f Fish.ding - With the exception of the No Project Alternative, each
of the alternatives considered for the project will result in an incremental
degradation of air quality. The extent of such degradation will depend on the
intensity of development proposed by each alternative.
These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
Aeoustie Environment
Signif]c.a.n~_t ~Effeet- Development of the project site will result in short-term
construction noise impacts and a long-term increase in the ambient noise levels in
and around the project site. This project, in itself and in conjunction with other past,
present and foreseeable future projects will have a significant cumulative adverse
impact on roadway noise levels in the area.
FINDING I - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
Facts in Support of Finding- In the event that construction noise becomes a
significant problem, the city can limit' eonstruetion hours to normal weekday working
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hours. Preliminary noise barrier recommendations are included in the mitigation
measures for the project (see Attachment 1), and will be considered and refined as
necessary, at detailed levels of planning. Also, a condition of approval for the
project requires documenting that development is adequately mitigated from
significant noise impacts.
Additional specific mitigation measures may be required in conjunction with
subsequent technical studies required for further discretionary actions. The nature
of such'studies and relationship to the project proposal are described in
Attachment 2.
Ail significant environmental effects that can feasibly be avoided have been
eliminated or substantially lessened by virtue of mitigation measures identified in
the final EIR and incorporated into the.project or further discretionary actions set
forth above.
FINDING 2 - Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR'.
Faetsi~Su??0. r~.~o~ Find~i~ngs - Noise impacts to or from the project would only be -
avoided under the No Project Alternative. Due to the existing vacant status of the
project site, any of the development alternatives would result in a significant
increase in ambient noise levels in and around the project site.
These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
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Public Se~riees and Utilities
S_igp~__fi~eant:_E~fect - Implementation of the project proposal in itself and in
conjunction with other past, present and foreseeable future projects will result in a
significant increase in the demand for and utilization of Public services and
utilities. More specifically, the project' proposal will: require the addition of police
and fire protection personnel and facilities; increase demands on library facilities;
require the provision of additional parks and recreation facilities; generate
substantial quantities of solid waste and wastewater; increase the demand for and
consumption of resources such as eleetieity, natural gas and water; increase demands
for public school services; and facilities and increase demands for public transit.
FINDING 1 - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
F.aqt. sin Support of Findings - Numerous mitigation measures are or will be as part of
future approvals incorporated into the project to mitigate impacts on public services
and utilities (see Attachment 1). Such mitigations include the provision of
infrastructure concept plans (i.e., water and sewer plans) as part of the Specific .
Plan, conservation measures and close coordination with affected 'agencies.
Additional specific mitigation measures may be required in conjunction with
subsequent technical studies required for further discretionary actions. The nature
of such studies and relationship to the project proposal are described in
Attachment 2.
Ail significant environmental effects that can feasibly be avoided have been
eliminated or substantially lessened by virtue of mitigation measures identified in
the final EIR and incorporated into the project or further discretionary actions as set
forth above.
FINDING 2 - Additional changes or alterations that would avoid or substantially
lessen the significant effect are within the responsibility and jurisdiction of other
public agencies and not the City of Tustin. Such changes can and should be adopted
by such other agencies.
F~a?t_s.~i~Sup~o~. 0_f__ ~F_inding- The responsibility for measures to mitigate potential
impacts on schools ultimately lies with the Tustin Unified School District (TUSD).
Such mitigation measures would include the following:
1. Potential impacts on TUSD facilities can be mitigated through the
provisions of the School Facilities Mitigation Agreement of August 5,
1985, and the mitigation agreement of January 27, 1986. Mitigation
through, the latter agreement will occur by the following:
A. TIC and TUSD will cooperate in the expeditious completion of a
mitigation agreement which shall provide for housing of students
generated by the ETSP area (mitigation agreement). Should this
mitigation agreement not be completed prior to the first tentative
tract map approval, TUSD and TIC agree to cooperate in developing a
separate mitigation agreement covering the development which the
subject of the first tentative tract map which will satisfy the
conditions as outlined in 5C below.
B. Should the mitigation agreement not cover all areas of the ETSP, TIC
and TUSD will cooperate to develop subsequent mitigation agreements
as necessary.
2. The following mitigation measures are recommended by the State
Departments of General Services and Education and the State Allocation
Board as feasible measures to be considered by school districts to
minimize school district impacts:
A. Operational Measures
o Reopen and renovate previously closed school district facilities tl
maximize utilization of existing facilities.
o Insure maximum utilization of existing school space through
possible reorganization.
o Implementation of extended day or year schedules.
o Utilizing available neighboring district space.
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B. Financing Alternatives
o Implementation of developer (SB 201) fees or impact fees to
provide for interim educational facilities, as a result of
overcrowding.
o Sale or lease of excess school district property to finance
renovation or new construction of required facilities.
o Implementation of the Leroy Green State School lease/purchase
law. The emphasis of the act is to reconstruct or replace those
existing school buildings which are educationally inadequate or
which do not meet present-day structural safety requirements and
to acquire new school sites and buildings for the purpose of making
them available to local school districts for the pubils of the public
school system
o Mello-Roos Community Facilities Act. This act involves the
formation of a community facilities district to finance school .
facilities construction through the use of bond' monies. This type
of district must be approved by a majority of the registered voters
living within the Mello-roos district.
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FINDING 3 - Specific economic, social or other considerations make infeasible the
project alternatives identified in the final EIR.
_Facts in Suppo..rt of..Findi_ng?- With the exception of the No Project Alternative, all '
of the project alternatives would result in a demand for public services and
utilities. It is recognized, however, that the level of demands will depend on the
development intensity of the project alternstives.
These alternatives were evaluated in the EIR and considered during the ~f
pul}lie review process. Said project alternatives were reieeto_~:~or of the
current proposal for the reasons e~d-~v~.~'~ well 8s for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is acceptable when balanced against
facts set forth above and in the. Statement of Overriding Considerations attached
hereto.
FINDING 4- Specific legal considerations make infeasibie the mitigation measures
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for school facilities identified in the final EIR..
Facts in Support of .Fi.n. ding- As a provision of the School Facilities Agreement of
i Ill JI
January 27, 1986, The Irvine Compnay ("TIC") and the Tustin Unified School District
("TUSD") agreed that a condition be included in the ETSP by the City of Tustin that
final residential maps shall not be approved by the City until such time as TUSD and
TIC entered into the necessary agreements ~;o enable TUSD to obtain financing for
the aequisition~ construction or use of the necessary school facilities to aeeomodate
students ~enerated by residential development of such maps. TUSD agreed that its
approval would not be unreasonably withheld. The foregoing provision is identified as
a mitigation measure in the Final EIR.
As an alternative,
measure:
the Planning Commission proposed the following mitigation
"TUSD and TIC shall enter into the necessary agreements 'to enable the School
District to obtain financing for the acquisition, construction, and/or use of
school facilities necessary to aceomodate the students generated by the East
Tustin residential development. Final approval of the residential maps shall be
contingent upon the agreement or in the absence of such an agreement, upon
the determination of the City Council".
Subsequently, TIC and TUSD have agreed to amend the School Facilities Agreement
to provide that TIC shall not cause a final builder residential map to be approved by
the City until such time as TUSD and TIC have entered into the necessary
agreements to enable TUSD to obtain financing for the acquisition, construction or
use of the necessary school facilities to accommodate students generated by
r~{de.ntial development if that map.
Under the State Constitution and State law, the City of Tustin has discretionary
approval power over land use development within its jurisdiction, and may not legally
delegate such legislative power to third parties, such as TUSD. The adoption of the
mitigation measure identified in the Final EIR would, in effect, give TUSD veto
power over. the approval of final residential maps based on some determination by
TUSD as to whether or not "necessary agreements" had been entered into. This
condition would'amount to an unlawful delegation of the City's legislative powers.
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The Planning C'ommission's proposed mitigation measure would involve the City in a
determination as to whether "the necessary agreements" had been entered into..
However, according to the School Facilities Agreement, as amended, this is a
determination to be made by TIC and TUSD, not by the City. Instead, the mitigation
measure adopted by the City Council acknowledges the School Facilities A~eement,
as amended, and allows the City to review the status of the implementatioon of that
Agreement at subsequent levels of project review and to retain its full discretion as
to all the factors, including the impact on schools, that must be taken into account in
determining whether to approve subsequent levels of project development.
Aesthetics and Visual Resources
.S. ignif!ean..t Effect - Development at the project site in itself, and in conjunction with
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past, present and foreseeable future projects, will alter the visual character and
aesthetic qualities of the area.
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FINDING I - Changes or alterations have been required in, or incorporated into, the
project which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
Facts in Support of Finding - The land use plan, development regulations and design
guidelines incorporated in the East Tustin Specific Plan are intended to provide for
an aesthetically pleasing development and integrate development with the natural,
rural qualities of the area. Development in the northern hillside areas will be of a
low intensity and will be subject to hillside district guidelines which are intended to
help maintain the existing character of the area (see Attachment 1). The extension
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of the proposed golf course through the central and southern portions at the site is
intended to maintain a significant open space character near areas of higher
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intensity land uses. In addition, the p~ovision of extensive landscaping throughout
the site will enhance the aesthetic eha~aete~ of future development.
Additional specific mitigation measures may be required in conjunction with
subsequent technical studies required for further discretionary actions. The nature
of such studies and relationship 'to the project proposal are described in
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Attachment 2.
Ail significant environmental effects that can feasibly be avoided have been
eliminated or substantially lessened by virtue of mitigation measures identified in
the final EIR and incorporated into the project or further discretionary actions as set
forth above.
FINDING 2 - Specific economic, social or other considerations make infeasible the
project alternatives identified in the .final EIR.
Facts in Support of Finding- With the exception of the No Project Alternative,
development of the project site under any of the other project alternatives would
substantially alter the visual character of the study area, as well as the current
project proposal. The overall development character of the project site would most-
likely be less intense under' the Existing General Plan Alternative, as compared to
the current proposal, but would lack the aesthetic benefits of having a 150-acre golf
course integrated with urban development.
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These alternatives were evaluated in the EIR and considered during the course of the
public review process. Said project alternatives were rejected in favor of the
current proposal for the reasons cited above as well as for reasons noted in
Attachment 3.
The remaining, unavoidable significant effect is acceptable when balanced against
facts set forth above and in the Statement of Overriding Considerations attached
hereto.
A'I~ACH M ENT !
LIST OF MITIGATION MEASURES
Landf ~or ~f!~, opo~ _ _,aph¥
le
Detailed grading plans (in conformance with established city procedures)
further 'defining project earthwork requirements, will be developed during
subsequent, more detailed levels of planning (i.e., site plan or tentative
tract map preparation stages) and will be subject to the review and
approval of the city.
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All applicable policies of the Hillside District Guidelines in regard to
landform modifications will be applied in order to achieve a design concept
that minimizes grading and landform alteration impacts. (See Section 2.13
and 2.14 of the Specific Plan text for a complete listing of applicable
policies). A partial listing of such concepts include the following:
Cluster development to minimize grading impacts and/or retain natural
features.
Design roadways to conform to existing topography, where feasible;
consider modified road standards to reduce adverse grading impacts.
Grading should incorporate openslope areas (graded or natural) which
are landscaped and provide an appearance of a natural hillside.
All graded slopes (cut or fill), including roadsides, should undergo
permanent re-vegetation in a timely manner to minimize chance of
erosion and siltation.
The natural profile and landform character of the onsite knoll shown on
Exhibit 7 of the DEIR should be maintained.
The mitigation measures for geologic impacts are principally
engineering recommendations and will encompass the following:
standardized
3~
Removal of eolluvium, alluvium, topsoil, landslide debris and artificial fill
to suitable foundation earth materials will be required prior to placement
of fill in areas where these deposits occur. Specific grading
recommendations for removal depths will be determined as part of future,
more detailed geotechnical studies (see No. 3 below).
e
Further slope stability investigaiions, as recommended by the geotechnical
consultant, will be conducted pu~uant to required future geotechnical
studies for the areas of potential slope instability within the proposed
limits of development. The leCel of detail will vary with the local
geologic conditions. In most eases~ a subsurface geologic investigation will
be required to evaluate critical lithologie and structural geological
interpretations. In general, conclusions pertaining to slope stability in
these preliminary studies should be clearly presented 8nd supported by
adequate geologic maps, cross-sections, and supporting engineering data.
Technical review for adequacy of 811 such reports should be accomplished
in 8eeordanee with current practice. Reviewing agencies have found that
compliance with Chapter ?0 of the Uniform Building Code~ which regulates
earthwork 8nd grsding, is important in the mitigation of slope instability
during the actual ~radin~ phase of development. Should unfavorable slide
conditions be eneountered~ they may be removed during grading or
stabilized by means of buttressing or reorientation of slope direction.
Detailed geotechnieal and soils engineering reports ,~ill be prepared
subsequent to development of preliminat~ desigg layouts and final grading
plans (e.g., at the tentative"traet map preparation stages). This report will
provide further, more detailed measures for treatment of excavational
(ripping) difficulties, surfieial material removals, cut and fill slopes~
expansive soils~ faults and liquefaction hazards (influencing the design of
roadway stream crossings).
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6, As part of the subsequent geotechnieal studies currently in process,
additional analysis is being conducted to determine the exact status of the
E1 Modena fault. If it is concluded that the fault can be considered to be
active, additional detailed analysis shall be conducted to determine the
exact location and extent of the fault. This investigation will serve to
define the location and width'°f a structural setback zone for the fault.
7. Ail structures will be designed in accordance with the seismic design
provisions of the Uniform Building Codes to promote safety in the event of
an earthquake.
8. Erosion potential can be reduced by utilizing rapid developing planting
techniques (e.g., hydroseeding), replacement with cohesive soils not
subject to erosion, and construction of terrace drain systems.
Hy dro og /wa er quaU
9. The East Tustin Specific Plan-Drainage/Flood Control Concept Plan
incorporates improvements designed to alleviate existing onsite
drainage/flooding problems, as well as accommodate increased runoff
flows associated with proposed land uses. Many of the plans for onsite and
offsite drainage improvements are at a conceptual state only, due to the
absence of detailed project data at this time. At more detailed levels of
project planning (e.g., tentative tract map level), detailed dra!nage/
hydrology studies will address existing onsite drainage flooding problems
and increased runoff flows associated with proposed land uses, and will
incorporate proposed specific mitigation measures addressing these
drainage needs. Said studies shall demonstrate that proposed improve-
ments will ensure that the proposed development will not be subject to
drainage/flooding hazards, and the proposed improvements are integrated
and compatible with adjoining drainage facilities. These studies and
measures shall be submitted for review and approval by the Tustin Public
Works Department. As the overall plan is finalized, specific drainage
improvements for Peters Canyon Wash (FO6), E1 Modena-Irvine Channel
(FOT) and tributary county facilities (FO7SO2, FO7P35 and FO7POS) shall
be subject to r~vie.w
Management Agency - Flood Control District. Also, drainage
improvements proposed at the Santa Aha Freeway shall be subject to
review and approval by ~altrans, as appropriate.
10. Erosion control measures will be developed and incorporated into final
gr. ading plans for the project t-o minimize potential increases in erosion and
.sediment transport during the short-term construction phases. Such
measures could include the timel7 seeding of graded slopes, scheduling
major ~rading phases dur!ng the non-rainy season and the use of temporary
control measures, e.g., perimeter sandbagging. Said construction erosion
and sediment control plans for minimizing construction erosion will be
submitted to the City of Tustin for review and approval prior to issuance
of grading permits.
11. Development of appropr, iate pollution control plans (e.g., a street sweeping
program, periodic storm drain system cleaning and developing landscape
plans which control the use of fertilizer and pesticides)'will be prepared
and implemented as a condition of subdivision map approval by the
Planning Commission. Long-term erosion and sediment control within
proposed development areas will be provided with the installation of -
downdrains, terrace drains and brow ditches as necessary, and the
continued maintenance of slope vegetation.
Biology
12. As provided for in the specific plan, developments within the northern
portion of the site, and especially in the hillside district areas, should
include open space areas left in a natural state where feasible.
13. Landscaping guidelines provided in the specific plan should be adhered to
in an effort to preserve notable floral features (e.g., including but not
limited to eucalyptus windrow groves) where feasible; and supplement
remaining vegetation with similar or complementary plant species.
14. Several neighborhood parks are proposed.within the specific plan, however,
th,~.~r ex,.~t lo, cation has not been determined at this time. Consideration
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should be given to selecting locations where notable biological features
can be incorporated into the park site. One example of such preservation
of biological features whiela is already incorporated into the project
proposal is the specific plsn requirement that the onsite redwood ~ove be
retained in a neighborhood park or other public right-of-way.
15.
· Deed restrictions regulating the operation of motorized off-road vehicles
and limiting trail access into any open space areas should be considered for
protecting open space areas from potentially adverse influences.
16.
If determined to be sound and feasible from a hydrology and engineering
standpoint, increasing the water supply of the freshwater marsh will occur
in order to increase the extent, health and diversity of this regionally
uncommon habitat. A fUnctional freshwater marsh will enhance the'
wildlife and aesthetic value of the local area.
17.
Additional analysis regarding potential impacts to riparian habitat will
occur through the 1603 permit process (Streambed Alteration Agreement--
State Department of Fish and Game). This analysis will include identifying
specific measures intended to minimize impacts on significant biological
resources. The implementation of such mitigation measures can serve to
preserve significant or unique riparian habits. In addition to meeting, 1603
permit requirements, this process would also respond to the policy of the
Tustin Conservation-Open Space Element to "identify, designate and
preserve significant or unique riparian habitats."
18.
Consideration should be given to leaving specimen-sized eucalyptus trees
in place wherever possible for their value as roosting and perching sites for
birds.
19.
Revegetation should be accomplished on all graded and cut-and-fill areas
where structures or improvements are not constructed. Consideration
should be given to the use of drought-tolerant plant materials, especially
species native to the foothills and coastal plains of Southern California.
NatiVe plant materials should be derived from local stocks.
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Cultural Resources
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Archaeolo~
20.
Additional testing of the five recorded archaeological sites located within
the study area will be conducted to determine the areal extent and
significance of the sites. Based on the findings of such testing, specific
mitigation measures will be developed and implemented as appropriate.
Mitigation measures utiUzed for cultural resources typically include one or
more of the following:
Avoidanee/Proteetion: Avoidance of a cultural resource can be the
most desirable form of mitigation from the perspectives of the devel-
oper, archaeological and Native American communities, however such
mitigation often poses a significant eonstrsint to development plans.
Data Recovery: A second form of mitigation may be the excavation
of a large' enough subsurface sample to provide an adequate sample of
the resource in question. If an adequate sample exists to characterize
the archaeological site, mitigation, in some eases, is deemed
complete. This data collection phase at some sites may actually be
accomplished as a result of the preliminary test phase if the site is
small.
Excavation/Preservation: A third mitigation of archaeological
resources is a combination of both excavation and partial preservation
of a resource.
21. Should human remains of native American Indians be encountered during
the project, the County Coroner's office will be contacted pursuant to the
procedures set forth in Section '/0.50.5 of the Health 8nd Safety Code.
BistoHeal A~~teetum
22.
The City of Tustin, County of Orange, and the applicant will'evaluate the
historic district documentation to determine: (a) the precise boundary
approved for the district; and (b) the historic significance of structures
located within the district.
23. Prior to issuance of any building, grading, or demoliton permits, a
comprehensive documentation of the affected structures and area shall be
prepared by a qualified historian.
24. Prior to issuance of any building, grading or demolition permits, the local
historic society shall be notified and permitted to remove any artifact or
ephemora that illustrates the historic significance of the area or
structures.
Use
25. Implementation of provisions within the Eas~ Tustin Specific Plan which
allow for the continuation of agricultural production activities within
portions of the site not subject to immediate development will serve to
delay the ultimate conversion of farmland/open space to urban uses (see
Section 3.8, Agricultural Resources).
26. Adherence to and compliance with the guidelines and provisions of the
East Tustin Specific Plan will facilitate the orderly development of the
project and mitigate the potential for land use conflicts.
27. Provisions within the East Tustin Specific Plan allow agricultural
production activities to continue outside of areas of development, which
could serve to incrementally reduce and postpone impacts associated with
the loss of agrieulture.
8oeioeeonomies
28. Housing program objectives presented in the Tustin Housing Element
include the construction of 600 affordable units (100 low income and 500
moderate income) wi.th~ .... the East Tustin Specific Plan area by 1088. In
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preparing more detailed development plans for th.e project (i.e., tentative
tract.map), the project sponsor should work closely with the City of Tustin
in identifying and implementing programs to achieve this objective.
Programs which should be considered in such efforts include:
Bonding programs of the' state and county to enable below market
interest rate construction and long-term financing of residential
development projects.
Programs sueh as HUD Section 235 and California Housing Finance
Agency which provide interest reduction/below-market interest
mortgage loans for the purclmse of new homes.
,~,. ~~rta_tion/Cireulati~ on
Table A provides a summary of the traffic mitigation measures proposed for the
project. A more detailed description of each mitigation measure is presented below.
29. Development of the East Tustin arterial street system should occur in
accordance to the proposed circulation plan identified in Section 3.10.2,
Impacts. This plan calZs for the widening of existing arterials and the
construction of new facilities. The resulting system will support East
Tustin development and will also provide capacity for other traffic. In
concert with the Jamboree interchange noted below, it will also provide
relief to other city streets such as Red Hill Avenue.
30. An overcrossing of 1-5 by Jamboree Road is currently on the Orange
County Master Plan of Arterial Highways (MPAH) and the City of Tustin
Arterial Highway Plan. This interchange is proposed as a key mitigation
measure for East Tustin. The interchange will provide more capacity than
will be used by East Tustin and hence will help relieve potential
deficiencies on the parallel Red Hill Avenue arterial corridor.
31. The discussion in the previous section noted that without through traffic,
the current four-lane section of Irvine Boulevard would be adequate for
City of Tustin traffic (including East Tustin). However, with the exception
of this section, Irvine Boulevard is a major arterial and as such has a
functional role of carrying a certain share of regional traffic. Since East
Tustin contril)utes to the increase in traffic on this facility, the mitigation
measure is for some fair'share contribution for its improvement to six
lanes to be provided by the project.
32. North-south ~raffie demands indicate that additional freeway erossings,
such as Browning and Old Myford may be needed to supplement Red Hill,
Jamboree and Myford. The need for Old Myford will largely depend on the
level of regional capacity that will be provided by the Eastern
Transportation Corridor (ETC) and on the selected bottleneck solutions. To
a lesser extent, it will also depend on whether the Browning overerossing is
retained in the city's circulation system. Hence, it is recommended as a
mitigation measure that adequate right-of-way for Old Myford to be
reserved north and south of I-5 until a final need determination can be
made. At that time, a suitable fair share finding mechanism can be
devised if the facility is needed, or the right-of-way could revert to other
uses if it is not needed.
33. The East Tustin land use plan places residential uses adjacent to the.
existing residential areas bordering East Tustin. The intent is to provide a
continuity between the two areas rather than reinforce the present
.
border. One of the reasons for proposing two-lane connections from East
Tustin to the existing circulation system is to encourage this continuity,
providing convenient access into East Tustin from the existing residential
,
areas.
34. The degree to which thru traffic will use this route will depend on how
convenient it is to use the facility. Since the recommended plan leaves La
Colina as a local street then every effort should be made to discourage
thru traffic. A mitigation measure, therefore, is to implement a thru
traffic deterenee program as a condition of subdivision map approval. At
the Tentative Tract stage, the City and County will prepare a joint study,
examining the impacts and mitigation measures of the connection and
recommending specific measures to deter, thru traffic on this local street o
·
TABLE A
SUMMARY O12 TRAFFIC MITIGATION MEASURES
Location
East Tustin Arterial
Street System
Widening:
Mitigation Measure
Irvine Boulevard
Bryan Avenue .
Myford Road
(I-5 to Irvine)
(6-lane major)
(4-lane primary)
(6-lane major)
New Highways: Jamboree Road
Myford Road
(Irvine to Portola)
Myford Road
(North of Portola)
Laguna Road
Portola Parkway
(6-lane major)
(6-lane major)
(4-lane primary)
(4-lane collector)
(4-lane prim ary)
Jamboree/I-5
Interchange
6-lane overerossing and'full directional
interchange.
Irvine Boulevard, Newport
Avenue to Browning Avenue
Proposed in city Traffic Study to be widened
to 6-lane major arterial. East Tustin to
contribute fair share of east.
Old Myford Overerossing of I-5
Potential futurelink- depends on outcome of
ETC and Bottleneck studies. East Tustin to
preserve right-of-way until need for the link is
determined.
La Colina
Traffic operations strategies to minimize thru
traffic (if the Bottleneck Study does not select
La Colina as a thru route).
·
34a. "That prior to the connection of Lower Lake Drive and Foothill Boulevard
in the specific plan area to existing roadways, a joint study be prepared
by the County of Orange and the City of Tustin to address the need for
those connections and, if such a need is found to exist, the impacts and
proposed mitigation measures associated with those connections."
,~r~~ty
35.
In the review of subdivision maps for the East Tustin Specific Plan the
City of Tustin will review the need and provisions for measures
incorporated into the project which serve to mitigate air pollutant
emissions. Such measures Which may be appropriate for the proposed
project include:
A®
Bicycle and pedestrian circulation facilities should be provided within
all projects so as to facilitate and provide direct connections to
project and neighborhood activity modes and to citywide bicycle
trails, and through footpaths for pedestrians.
Be
Encourage the use of alternate transportation modes by promoting
public transit usage and providing se(~ure bicycle facilities.
Ce
Provide mass transit accommodations; such as bus turnout lanes, park
and ride areas and bus shelters.
De
Construction activity dust generation shall be reduced through regular
watering as required by the ScAQM'D' Rule 403.
Ee
Ail projects within the East Tustin project area should comply with
"reasonable available control measures" of the South Coast AQMP
which include:
H-4 Flexible Work Schedules (for offices located in the project
area).
® H-23 Increased Bicycle/Pedestrian Facilities.
® H-35 Traffic Signal Synchronization.
· N-4 Energy-Conserving Street Lighting.
Fe
Provisions for and the encouragement of ridesharing would reduce air
quality impacts (and transportation/circulation impacts).
_ _ I I i
Acoustical Environment
36. The preliminary noise barrier recommendations delineated in Table 30
shall be considered within the development of more detailed project plans
(i.e., site plan, tentative tract map). Barriers used within the project site
could be berm, wall or a combination berm and wall. Walls should not
contain holes or gaps, and should be constructed of slumpstone or other
masonry material. The noise barrier heights projected may be reduced
considerably through site design, such as setbacks from the roadways,
grade separations and exterior living area orientation. Final noise barrier
heights should be determined when final grading plans are developed that'
show lot locations, house setbacks and precise pad elevations.
PRELIMINARY NOISE BARRI'ER RECOMMF_.NDATIONS
Ro~~ay
Bryan Avenue
Irvine Boulevard
Myford Road
Jamboree Road
Foothill Boulevard
Lower Lake Drive
Barrier. Height~ (fee_t)
4to6
5to8
5to8
5to8
0to5
0 os
Residential indoor mitigation measures can not be formulated until more
detailed site specific information is available. However, it should be noted
that areas along roadways listed in table above are of concern. Typically
buildings with open windows only provide 12 dBA outdoor and indoor noise
reduction. In.areas where the noise level exceeds 57 CNEL the interior
standard of 45 CNEL will be achieved without additional measures. These
houses will be required to have eloseable windows and mechanical
ventilation must be provided to replace the loss of natural ventilation.
Mechanical ventilation or a "summer switch" system as it is commonly
referred to, allows the use of the heater fan to circulate the room air with
f~'esh air. Additionally, buildings upgrades may need to be required, such
as admt~onal glamng or wall construction.
37. Ail residential lots and dwellings shall be sound attenuated against present
and project noise, which shall be the sum of all noise impacting the
project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor
living areas and an interior standard of 45 dB CNEL in all habitable
rooms. EvidenCe prepared ~under the supervision of acoustical consultant
· that these standards will be satisfied in a manner consistent with
applicable zoning regulations shall be submitted as follows:
A. Prior to the recordation of a final tract/parcel map or prior to the
issuance of grading permits, at the discretion of the city, an
acoustical analysis report shall be submitted to the Tustin Community
Development Department for approval° The report shall describe in
detail the exterior noise envronment and preliminary mitigation
measures. Acoustical design features to achieve interior noise.
standards may be included in the report in which case it may also
satisfy "B" below.
B. Prior to the issuance of any building permits, an acoustical analysis r
report describing the acoustical design features of the structures
required to satisfy the exterior and interior noise standards shall be
submitted to the Tustin Community Development Department for
approval along with satisfactory evidence which indicates that the
sound attenuation measures specified in the approved acoustical
report(s) have been incorporated into the desgn of the project.
C. Prior to the issuance of any Certificates of Use and Occupancy, field
testing in accordance with the Title 25 regulations may be reqired by
the Manager, Building Inspection Division, to verify compliance with
STC and IIC desgn standards.
.o
Public Services and Utilities
Police Protection Services
38.
The project sponsor shall work closely with the police department to
ensure that adequate security'precautions are implemented in the project.
The provision of adequate security precautions includes construction
phases of the project. Such security could include construction fences and
private security patrol. Police services to the development will be
enha'need through the provision of adequate street lighting, clearly marked
street names and building numbers and security hardware.
Fire PrOteetion Services
39.
The project sponsor shall work closely with the Orange County Fire
Department to ensure that adequate fire safety precautions are
implemented in the project. Specific fire protection needs will be
evaluated and provided for at the subdivision level of project processing.
40.
41.
All development in the Hillside District, generally most of the area north
of Racquet Hills Drive, shall be subject to the guidelines established in the
September 1976 Fire Protection Planning Task Force Report adopted by
the Orange County Board of Supervisors and entitled "Fire Hazard
Background Report and Recommendations For The Reduction of Fire
Hazard At The Natural Open Space/Urban Development Interface Orange
County, California." If this report is amended at a later date, the most
current amendments would be utilized, as appropriate.
Fire retardant roofing materials, Class A minimum shall be used on
structures occurring within the Hillside District.
Parks and Recreation
42.
Development of park and recreation facilities proposed within the East
Tustin Specific Plan area will serve to minimize potential impacts on
existing park and recreation facilities, while serving the recreation needs
of residents of the project area.
43.
The following water conservation measures will ~)e implemented as
required by state law:
o Low-flush toilets (Section 17921.3 of the Health and Safety Code).
Low-flow showers and faucets (California Administrative
Title 24, Park 6, Article 1',' T20-1406F).
O.
Code,
Insulation of hot water, lines in water recirculating systems (California
Energy Commission regulations).
The project also will comply with water conservation provisions of the
appropriate plumbing code.
44. Landscape with low water-consuming plants wherever feasible.
45.
Use mulch extensively, where feasible, in all landscaped areas. Mulch
applied to top of soil will improve the water-holding capacity of the soil by
reducing evaporation and soil compaction.
46.
Preserve and protect existing trees where feasible. Established plants are
often adapted to low water conditions and their use saves water needed to
establish replacement vegetation.
47.
Install efficient irrigation systems which minimize runoff and evaporation
and maximize the amount of water which will reach the plant roots. Drip
irrigation, soil moisture sensors and automatic irrigation systems are a few
methods of increasing irrigation efficiency.
Wastewater
Water conservation measures as those recommended in Section 3.13.7
would reduce wastewater flows from the site.
~le~eity
49.
Building construction shall comply with the Energy Conservation Standards
set forth in Title 24 of the California Administrative Code.
50.
The following energy conservation techniques should also be considered:
Energy efficient concepts in building layout, design and orientation,
such as the use of solar water and space heating technologies, should be
considered.
Comprehensive planning for landscaping to complement new structures
and parking lots, thereby minimizing heating and cooling energy use.
Walls, ceiling, floors, windows and hot water lines should be insulated
to prevent heat loss or gain.
Energy efficient lighting (e.g., high pressure sodium outdoors and
fluorescent indoors) should be used rather than less efficient types of
lighting.. Maximum use of natural lighting should be made during
edaylight hours.
51.
It is strongly recommended that the developer consult with SCE during the
building design phase for further energy conservation measures.
52.
The developers of the project will work closely
development and installation of electrical facilities.
with SCE on the
53.
Facilities will be placed underground wherever feasible.
Natural (las
54.
Building construction shall comply with the Energy Conservation Standards
set forth in Title 24 of the California Administrative Code.
55.
Energy Conservation techniques should also be considered:
Energy efficient concepts in building layout, design and orientation,
such as the use of solar water and space heating technologies, should
be considered.
Comprehensive planning for landscaping to complement new
structures and parking lots, thereby minimizing heating and cooling
energy use.
Walls, eeiling, floors, windows and hot water lines should be insulated
to prevent heat loss or gain.
56.
It is recommended that the developer consult the Southern California Gas
Company for methods of conservation during building design phases.
57.
The developer will consult with SCG during the design phase to ensure
efficient development and installation of natural gas facilities.
58.
The developer will work with Pacific Bell Telephone to ensure adequate
lead time for efficient upgrading of facilities prior to construction.
Public T~~rtation
59.
Setbacks should be kept to the minimum requirements in order to shorten
walking distances from stops to residents for transit riders.
60.
Pedestrian and handicapped access should be provided through landscaping,
with accompanying breaks in barrier walls.
61.
Passenger amenities, such as waiting areas,
benches should be provided at each stop.
Aestl~tie and Visual Resources
~--- - - .- ~--- -~ --_-- ~_~ . ~ i _
sidewalks, shelters and
62.
In the hillside area measures set forth in the East Tustin Specific Plan,
Hillside District Guidelines will be implemented with project
development. The objective of design guidelines is to enhance the visual
harmony between existing landforms and the new development. The
summary below provides those district guidelines directly applicable to
visual resources. The Hillside District Guidelines can be found in their
entirety in Section 3.13 of the East Tustin Specific Plan.
ie
Consideration should be given to the preservation or enhancement of
significant natural features which ean'be seen from public places.
Site buildings and align roadways to maximize public visual
exposure to major natural features such as the north-south Peters
Canyon ridgeline, the redwood/cedar grove, the knoll and major
tree stands
On slope areas generally steeper than 25 percent, typical padded
lot solutions should be avoided. Minimize grading by carefully
siting buildings and roadways to conform with the° natural
topography.
Structures should be sited so that roof slope follows slope of
natural grade.
B. Preserve the open space values of the central Peters Canyon ridge by
excluding buildings and overhead utility lines from being developed on
the top of the ridgeline and by careful sit{ng of structures and
landscaping adjacent to the ridgeline.
Site the top of roof lines and structure so' that they .occur below
the elevation of the ridgetop.
Siting of proposed structures and the use of plant materials so that
the maximum concealment of cut slopes is created.
C. Where feasible, grading and siting practice should'reflect the natural
topography of the land, and minimize creation of excessively large
level areas by grading.
Where level pads are required, the pads should conform to the
direction of the contours when this type of solution does not
conflict with desirable drainage solutions.
When feasible, where level areas are needed, grading concepts
should provide variety in the steepness of slopes and their
configuration. Where major reeontouring is proposed, especially in
the lower, more gently sloping hillsides, the concept of contour
grading should be used to blend the graded slopes with the natural
undulating character of the hillside landform.
D. Grading on hillside areas should soften hard edges left by cut-and-fill
operations where an adverse visual impact may occur.
Create slopes, either cut or fill that are adjacent to roadways
should be graded in such a way that an undulating appearance in
the graded plane is-provided, for a more pleasing visual appearance
to the road.
63. In the flatland area, measures included in the Urban Design Guidelines
section of the East Tustin Specific Plan (Section 2.12), should be
implemented with project development. These guidelines include
landscaping directly adjacent to the street right-of-ways.
Addition~..Mitigati on M ~eas.. tres
64. "Prior to approval of a development agreement by the City of Tustin for
the East Tustin Specific Plan (ETSP) area, the development agreement
shall be reviewed in light of the ETSP EIR to assess whether the associated
impacts have been adequately addressed. If it is determined that
additional environmental documentation is required for the development.
agreement, said documentation shall be completed prior to the approval of
the agreement."
o.
65. The Tustin Unified School District ("TUSD") and The Irvine Company
("TIC") have entered into the School Facilities Agreement, dated January
27, 1986, as amended, which obligates both parties to cooperate in the
expeditious completion of one or more mitigation agreements to enable
TUSD to obtain financing for the acquisition, construction or use of the
necessary school facilities to aeeoniodate students generated by
development of residential subdivisions. City will review the status of the
implementation of the School Facilities Agreement at subsequent levels of
project approvals, such as the approval of tentative builder residential
tract'' maps. City will address the impact of TIC's project on District
facilities at such time as TIC submits tentative builder residential tract
maps for approval. In processing any such future approvals for properties
·
within the. East Tustin Specific Plan boundaries, City will not object to any
..
legal action taken by the TUSD on the grounds, that the CEQA statute of
limitation has run, provided however, that any such future actions are
brought within 30 days from the date the City causes to be filed a Notice
of Determination as to the approval of any such tentative builder
residential tract.map.
..
ATTACHM tiNT 2
FUTURE STUDIES
·
Consistent with the requirements of CEQA and the Guidelines, EIR 85-2 discusses
environmental effects in proportion to their severity and probability of occurrence.
To that end, the EIR recognizes that'eertain areas of impact from the proposed
project are unlikelY to occur, or if potentially occurring, can be mitigated to'a level
of insignificance by imposition of conditions to further levels of project approval
(i.e., subdivision maps, grading permits, etc.). Moreover it was determined in the
process of preparing EIR 85-2 that, given the level of specificity of planning for the
project, these impacts could be more comprehensively addressed coincident with the
detail to be required as part of future discretionary actions. The following
constitute the subsequent technical studies that will be needed and prepared
concurrent 'with further discretionary approvals, as appropriate, with respect to the
East Tustin Specific Plan development.
'1.
Geology and soil investigations, including additional, analysis as to. the
activity status of the E1 Modena Fault.
2. Demonstration of the application of contour grading criteria.
3. Erosion and pollution (surface water) control plans.
4. Detailed hydrologic and flood control plans.
5. Archaeological/test-level investigations and final
recommendations.
6. Investigation of the potential historical significance of
Company Agricultural Headquarters complex.
mitigation
The Irvine
7. Detailed site-specific acoustical analyses.
8. Infrastructure engineering plans.
The City Council therefore finds, based upon all data currently available, that while
no significant adverse impacts beyond those discussed in EIR 85-2 am expected to be
discovered 8s 8 result of any of these subsequent~ focused studies, the requirement
for such studies as a condition to the Esst Tustin Specific Plan and the reservation of
the power to incorporate any messures required to mitigate any disclosed impacts to
insignificant level~".in a timely manner, is itself adequate mitigation for any impacts
disclosed by such subsequent"~urveys and studies, however unlikely.
...........
ATTACHMENT 3
PROJECT ALTERNATIVES
Four alternatives to the current project proposal were identified and evaluated in
EIR 85-2 (see Section 6.0 of the DEIR). The following provudes a brief description of
the project alternatives and an explanation of wl~y each one was rejected in favor of
the current project proposal.
Alternative 6.1, No Project would prevent development from occurring onsite and
would effectively preserve the existing agricultural and open space land uses at the
site for a limited number of years.. As discussed in the DEIR, the continued use of
the site for agricultural open space uses is not a viable long-term use of the site, nor
is it consistent with the existing general plan which designates the site for urban
uses. As all environmental impacts would be. avoided under this alternative, it is
clearly considered to be an environmentally superior option to the project. This
alternative was rejected, however, because it fails to provide for the objectives
established for the project, and is contrary to the goals, objectives and provisions of
the Tustin General Plan Which designate the East Tustin area for urban development.
Alternative 6.3, Existing Ge~~ Plan would allow the project site to be developed .
under the existing general plan land use designations. ComPared to the current
project proposal, the development of uses of a lower intensity would afford the
advantage of less traffic generation which in turn would result in less air pollutant
emissions and roadway noise increases. Although the traffic volumes would be less
under this alternative, the ability to adequately accommodate project traffic would
also be less, due to a smaller development base associated with this alternative; the
funding of major circulation improvements to serve the project and area wide traffic
would therefore become more difficult. The existing general plan land use
desgnations provide for very little commercial, employment and recreation uses to
support the residential development. Development under this alternative would not
provide for the variety of housing types as does the current proposal and would also
make the currently proposed 150-acre golf course/open space area infeasible. Based
primarily on such land use balance considerations, this alternative was rejected in
favor of the current proposal.
.o
Alteruative 6.3, Maximum Residential Development provides for a greater number of
residential units and less commercial uses than the currently proposed project. The
relative 8dvantages would include less trsffie generation especially during peak
travel hours~ less mobile source air and noise pollution and 8 greater contribution in
the number 8nd type of units 8dded to the city's existing housing stock. The
.
disadvantages include greater impacts on. public services and utiliti.es especially
..
public schools, greater demands on limited existing commercial and employment land
uses and the exposure of more dwelling units to existing noise sources, particularly
military aircraft noise. As the apparent disadvangates exceeded the advantages, this
alternative was rejected in favor of the current project proposal.
Alternatve 6.4, Maximum Commereual Development provides for more commercial
and less residential development than the current proposal. The primary advantages
of this alternative include greater loea-1 employment and shopping opportunities for
project residents.and less of a demand on public schools. The disadvantages, which
serve as the reasons for rejecting this alternative, include increased traffic
generation especially during peak travel hours, increased mobile source air and noise
pollution and a higher intensity of development character than that of the local area.
BACKGROUND
STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental. Quality Act (CEQA)and the State EIR Guidelines
(Section 15093 of the Guidelines) promul.'gated pursuant thereto provide:
..
"(a) CEQA requires the decision-maker to balance the benefits of a proposed
project against is unavoidable environmental risks in determining whether to
approve the project. If the benefits of a proposed project outweigh the
unavoidable adverse environmental effects, the adverse environmental effects
may be considered "acceptable."
(b) Where the decision of the public agency allows the occurrence of
significant effects which are identified in the final EIR but not at least
substantially mitigated, the agency must state in writing the reasons to support
its action based on the final EIR and/or other information in the record. This
statement may be necessary if the agency also makes the finding under Section
15091(a)(2) or (a)(3).
(e) If an agency makes a statement of overriding considerations, the state-
ment should be included in the record of the project approval and should be
mentioned in the Notice of Determination."
The Tustin City Council proposes to approve amendments to the General Plan Land
Use Element, Circulation Element and Seismic Safety Element, as well as a zone
change and a specific plan for the area referred to as the East Tustin Specific Plan
site. Because the actions constitute a project under CEQA and the Guidelines, an
EIR has been prepared. The Final EIR (85-2) has identified certain unavoidable
environmental risks of the project. The City Council has considered the following
benefits of the proposed project, and has balanced those benefits against the
project's unavoidable environmental effects. The City Council hereby finds that the
following benefits outweigh the unavoidable environmental effects and are
overriding:
1. The East Tustin Specific Plan will provide a comprehensive and
coordinated development plan for the 1,?40-acre study area.
2. The project responds to the city and county planning programs which
designate the site for urban land uses.
3. The project represents a logical extension of urban services and facilities.
4~
The project provides for residential, commercial, public, employment and
recreational uses of a greater long-term economic viability than that of
the current onsite agricultural uses.
e
The project, upon completion, will result in a net increase in annual
revenues to the city.
® .
The project will provide increased housing, employment, shopping and
recreational opportunities within Tustin.
ge
The project is complementary to existing and proposed land uses in the
project vicinity and community in general.
®
The project provides for a variety of single-family and multifamily housing
types.
The project provides for major transportation/circulation improvements
which will not only serve the project site but will benefit area-wide traffic
movement as well.
10.
The project will provide the area with a major recreational facility, the
150-acre golf course.
11.
Beyond meeting city park requirements, the project provides private
recreational facilities to meet onsite needs.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin isI five; that the above and foregoing
Resolution No. 86-28 was duly and regularly introduced, passed and adopted at a
regular meeting of'--'"-~he City Council held on the 1.Tth day of March_,_ 1986, by the
fol 1 owing vote:
AYES · COUNCILPERSONS' Edgar, Greinke, Hoesterey, Saltarelli
NOES · COUNCILPERSONS' Kennedy
ABSENT' COUNCILPERSONS' None
~~t ~ek
MARY E. , CitY r
City of in, Cal ornia