HomeMy WebLinkAboutCC RES 21-86 DocuSign Envelope ID:OE07E7DE-3638-4988-8507-EB263ED01 D05
RESOLUTION NO. 21-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING A NEGATIVE DECLARATION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL
PLAN AMENDMENT 2021-0002 (HOUSING ELEMENT UPDATE 2021-
2029)
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
A. That the California Government Code requires that cities review and
update their housing elements every eight (8) years, according to a
schedule set forth by the State Department of Housing and
Community Development;
B. That housing is an important issue with the State of California and as
such, each city and county must identify and analyze existing and
projected housing needs within their jurisdiction and prepare goals,
policies, programs, and quantified objectives to further the
development, improvement, and preservation of housing;
C. That in accordance with State Law, the City of Tustin has prepared a
Draft Housing Element for the 2021-2029 period in accordance with
California Government Code Sections 65580-65589.11;
D. That the proposed project General Plan Amendment (GPA) 2021-
0002 is considered a "project" subject to the terms of the California
Environmental Quality Act (CEQA). Pursuant to the CEQA
Guidelines Section 15063, the City has completed an Initial Study
and prepared a Negative Declaration for the draft Housing Element.
E. That implementation of the Housing Element Update's goals includes
proposed housing development within the Tustin Legacy Specific Plan
area, Red Hill Avenue Specific Plan (RHASP) area, Downtown
Commercial Core Specific Plan (DCCSP) area, The Market Place,
Ederle Center and construction of Accessory Dwelling Units (ADUs)
and transitional housing units within and/or outside of these areas.
F. That in preparation of the 2021-2029 Housing Element, City staff held
two (2) public workshops; the first was held on November 10, 2020
and the second was held on May 11 , 2021 . The City also developed a
robust Community Engagement Plan which included a community
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online survey, and social media posts, social media paid ads,
newspaper advertisements, mailings to all City residents and
stakeholders. Additional public meetings were held on August 17,
2021 and September 7, 2021 which provided additional opportunities
to gather additional public input;
G. That on August 17, 2021 the City Council held a public hearing and an
amendment was made to the Housing Element which included the
addition of two (2) new potential housing sites and a subsequent
revision to the City's Sites Inventory based upon public comments;
H. That on September 7, 2021 , the City Council held a public hearing
and further confirmed the amendment to the Sites Inventory and
subsequent allocation of units within the different planning areas
identified within the Housing Element based upon the California
Department of Housing and Community Development's comments.
I. That on September 14, 2021 , the Planning Commission conducted a
duly-noticed public hearing to consider the Initial Study, proposed
Negative Declaration, and General Plan Amendment 2021-0002, at
which hearing, members of the public were afforded an opportunity to
comment upon the project. At the conclusion of the public hearing,
the Planning Commission adopted Resolution No. 4439
recommending that the City Council adopt a Negative Declaration for
General Plan Amendment 2021-0002.
J. On January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact State ment/Environmental Impact Report
(FEIS/EIR) for the reuse and disposal of MCAS Tustin. On December
6, 2004, the City Council adopted Resolution No. 04-76 approving a
Supplement to the FEIS/EIR for the extension of Tustin Ranch Road
between Walnut Avenue and the future alignment of Valencia North
Loop Road. On April 3, 2006, the City Council adopted Resolution No.
06-43 approving an Addendum to the FEIS/EIR. And, on May, 13,
2013, the City Council adopted Resolution No. 13-32 approving a
second Addendum to the FEIS/EIR. On July 5, 2017, the City
Council adopted Resolution No. 17-23 approving a second
Supplement to the FEIS/EIR. The FEIS/EIR along with its Addenda
and Supplements is a program EIR under the California Environmental
Quality Act (CEQA). The FEIS/EIR, Addenda and Supplements
considered the potential environmental impacts associated with
development on the former MCAS, Tustin.
K. That on November 6, 2018, the City of Tustin certified the Final
Program Environmental Impact Report (EIR) for the RHASP and
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considered the potential environmental impacts associated with
development.
L. That on July 3, 2018, the City of Tustin certified the Final Program
Environmental Impact Report (EIR) for the DCCSP and considered
the potential environmental impacts associated with development.
M. That the proper amendments to the Zoning Map and Specific Plan
would be required following adoption of the Housing Element Update
to include a zoning overlay over The Market Place and Enderle
Center RHNA housing sites, which would allow for residential
development in these areas. Potential impacts that could result from
proposed amendments would be evaluated under a separate CEQA
review process.
N. That any development proposed as a result of the Housing Element
Update would also be required to obtain City approval on a project-
by-project basis for any discretionary action and undergo a separate
environmental process to assess potential environmental impacts.
O. That mitigation measures that are required by underlying Program
EIR's for the Tustin Legacy, RHASP and DCCSP areas would be
implemented as development is proposed.
P. That a Notice of Intent to Adopt a Negative Declaration was filed with
the Clerk of the County of Orange for posting, and provided to
members of the public using a method permitted under CEQA
Guidelines Section 15072(b). The Initial Study and Draft Negative
Declaration were made available for a 30-day public review and
comment period from August 24, through September 23, 2021, in
compliance with Sections 15072 and 15105 of the State CEQA
Guidelines.
Q. That the City Council conducted a duly noticed public hearing on
October 5, 2021 , to consider Resolution No. 21-86 for the Negative
Declaration prepared for GPA 2021-0002 at which hearing, members
of the public were afforded an opportunity to comment upon the
project.
R. That the City Council considered the Initial Study and the Negative
Declaration (Exhibit A) and finds it to be adequate for General Plan
Amendment 2021-0002.
II. The City Council does hereby find that the proposed project is within the
scope of the Final EIS/EIR for the Disposal and Reuse of MCAS Tustin
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(Program EIS/EIR for MCAS-Tustin), the RHASP area and the DCCSP area
which are previously approved and certified EIRs within the City. Each
respective EIR adequately describes the general environmental setting of
where additional residential units can be placed which, in turn, coincides with
the City's distribution of units and specific allocation.
III. The City Council hereby adopts the Negative Declaration attached hereto
as Exhibit A, incorporating herein by reference all of the applicable mitigation
measures identified in the Program EIS/EIR for MCAS-Tustin, the RHASP
area and that DCCSP area.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 5th day of October, 2021 .
DocuSigned by:
LET<M-4LA1,..
Mayor
ATTEST:
DocuSigned by:
ERI ^,oN76Y5 WDA,
City Clerk
Resolution 21-86
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 21-86 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day of
October, 2021, by the following vote:
COUNCILMEMBER AYES: Clark, Lumbard, Gallagher, Gomez (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Cooper (1)
DocuSigned by:
ERI 4-M 4M Ui DA,
City Clerk
Attachment:
1. Exhibit A: Initial Study/Negative Declaration for Housing Element 2021-2029
Update
Resolution 21-86
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T lJ T 1 Irl
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
me, (714) 573-3100
WUILDIMGOUR PUMM. INITIAL STUDY / NEGATIVE DECLARATION
110NOPINC 01JR PAST CITY OF TUSTIN GENERAL PLAN
DRAFT HOUSING ELEMENT 2021-2029
GENERAL PLAN UPDATE
July 2021
A. BACKGROUND
Project Title: Housing Element Update 2021-2029
Lead Agency: City of Tustin, 300 Centennial Way, Tustin,
California 92780
Contact Person and phone number: Erica H. Demkowicz, AICP, Senior Planner
(714) 573-3127
EDemkowicz@tustinca.org
Project Location: City of Tustin
Project Sponsor's Name and Address: City of Tustin, 300 Centennial Way, Tustin,
California 92780
General Plan Land Use Designation: The City supports a variety of land uses as included
in the City's General Plan Land Use Map (2018).
Housing sites identified to support the 2021
Regional Housing Needs Allocation (RHNA) are
designated with the following land uses:
TLSP—Tustin Legacy Specific Plan
RHASP — Red Hill Avenue Specific Plan
DCCSP — Downtown Commercial Core Specific
Plan
PCCB - Planned Community Commercial/Business
Zoning Designation: The City supports a variety of zone designations as
included in the City's City Zoning Map(2018). RHNA
housing sites are within the following zoning
designations:
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SP 1 —Tustin Legacy
SP 8 — East Tustin
SP 13— Red Hill Avenue
SP 12 — Downtown Commercial Core
DA-2 — Development Area 2
DA-3— Development Area 3
DA-4— Development Area 4
DA-6— Development Area 6
PC COM - Planned Community Commercial
Project Description: The project is a General Plan Update (GPU) to
the City of Tustin (City) Housing Element for the
Sixth Cycle planning period from October 15,
2021 to October 15, 2029. The Housing
Element, which is part of the City's General Plan
is a policy document designed to provide the
City a coordinated and comprehensive strategy
for promoting the production of housing to meet
existing and future housing needs.
Surrounding Land Uses and Setting: Tustin is surrounded by the cities of Santa Ana
to the west, Irvine to the east and south, and the
City of Orange and unincorporated County of
Orange area (i.e. North Tustin) to the north. The
jurisdictions are highly developed and mostly
residential in nature. The City of Irvine contains
an abundance of commercial and business
uses, as well as John Wayne Airport.
Other public agencies whose approval is required:
The City of Tustin. No other agency is required to approve the Housing Element update,
but it will be reviewed by the HCD for the purpose of determining whether it complies
with the requirements of the Housing Element Law.
Attachments:
Figure 1 : Regional Location Map
Figure 2: Suitable Sites for Additional Residential Development
Figure 3a: Site Identification to Meet RHNA
Figure 3b: Site Identification to Meet RHNA (continued)
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INITIAL STUDY City of Tustin
1 INTRODUCTION
1 .1 PURPOSE OF THE INITIAL STUDY
This Initial Study has been prepared in accordance with the following:
• California Environmental Quality Act (CEQA) of 1970 (Public Resources Code
Sections 21000 et seq.); and
• California Code of Regulations, Title 14, Division 6, Chapter 3 (State CEQA
Guidelines, Sections 15000 et seq.) as amended and approved on December 28,
2018.
Pursuant to CEQA, this Initial Study has been prepared to analyze the potential for
significant impacts on the environment resulting from implementation of the 2021-2029
Tustin General Plan Housing Element Update. described in greater detail in Section 3.0
below. As required by State CEQA Guidelines ("Guidelines") Section 15063, this Initial
Study is a preliminary analysis prepared by the Lead Agency, the City of Tustin, in
consultation with other jurisdictional agencies, to determine if a Negative Declaration or
an Environmental Impact Report is required for the project.
This Initial Study informs City of Tustin decision-makers, affected agencies, and the public
of potentially significant environmental impacts associated with the implementation of the
project. A "significant effect" or "significant impact" on the environment means "a
substantial, or potentially substantial, adverse change in any of the physical conditions
within the area affected by the project" (Guidelines Sectionl 5382).
Given the project's broad scope and level of detail, combined with previous analyses and
current information about the site and environs, the State's intent is to adhere to the
following CEQA principles:
• Provide meaningful early evaluation of site planning constraints, service and
infrastructure requirements, and other local and regional environmental
considerations. (Public Resources Code Section 21003.1)
• Encourage the incorporation of environmental considerations into project
conceptualization, design, and planning at the earliest feasible time. (Guidelines
Section 15004[b][3])
• Specify mitigation measures for reasonably foreseeable significant environmental
effects and commit the City and applicant to future measures containing
performance standards to ensure their adequacy when detailed development
plans and applications are submitted. (Guidelines Section 15126.4)
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INITIAL STUDY City of Tustin
1 .2 DOCUMENT ORGANIZATION
This Initial Study includes the following sections:
Section 1. Introduction
Provides information about CEQA and its requirements for environmental review and
explains that an Initial Study was prepared by the State of California to evaluate the
proposed project's potential impact to the physical environment, and to determine if a
Negative Declaration or an Environmental Impact Report (EIR) is required.
Section 2. Environmental Setting
Provides information about the proposed project's location.
Section 3. Project Description
Includes a description of the proposed project's physical features and characteristics.
Section 4. Environmental Checklist
Includes the Environmental Checklist from the CEQA Guidelines and evaluates the
proposed project's potential to result in significant adverse effects to the physical
environment and identifies if an EIR is required, and if one is, what environmental topics
need to be analyzed in the EIR.
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INITIAL STUDY City of Tustin
2 ENVIRONMENTAL SETTING
2.1 PROJECT LOCATION
The project site is located in central Orange County, within the City of Tustin (see Figure
1). The City of Tustin is surrounded by the Cities of Orange to the north, Santa Ana to the
west, Irvine to the south, and the Santa Ana Mountains to the east. Tustin is approximately
30 miles southeast of downtown Los Angeles and 40 miles southwest of downtown San
Bernardino. Regional access to the city is provided via Interstate 5 (1-5) and State Route
55 (SR-55). The City has identified 20 sites for RHNA allocation. Sites are located within
the Tustin Legacy Specific Plan, Red Hill Avenue Specific Plan, Downtown Commercial
Core Specific Plan, Enderle Center, and The Market Place.
2.2 EXISTING LAND USES
The City of Tustin encompasses approximately 11 .12 square miles. The Land Use
Element provides for seven major land use groupings divided into 15 land use categories
or designations. Four of these designations are established for residential development,
ranging from low-density single family to high-density multiple family development. Three
commercial designations, one industrial, and one public/ institutional, are included. A
planned community designation, which includes residential, commercial/business, and
public institutional components, is also provided. The City also includes several specific
plan areas that include their additional land use designations and specification criteria.
2.3 SURROUNDING LAND USES
Tustin is surrounded by the cities of Santa Ana to the west, Irvine to the east and south,
and unincorporated County of Orange area (i.e. North Tustin) and Orange to the north.
The jurisdictions are highly developed and mostly residential in nature. The City of Irvine
contains an abundance of commercial and business uses, as well as John Wayne Airport.
2.4 EXISTING LAND USE AND ZONING
The City supports a variety of land uses as included in the City's General Plan Land Use
Map (2018). Housing sites identified to support the 2021 Regional Housing Needs
Allocation (RHNA) are designated with the following land uses:
• TLSP — Tustin Legacy Specific Plan
• RHASP — Red Hill Avenue Specific Plan
• DCCSP — Downtown Commercial Core Specific Plan
• PCCB — Planned Community Commercial/Business
Additionally, the City's Zoning Map (2018) includes the following zones underlying
identified housing sites:
• SP 1 — Tustin Legacy
• SP 8 — East Tustin
• SP 13 — Red Hill Avenue
• SP 12 — Downtown Commercial Core
o DA-2 — Development Area 2
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o DA-3 — Development Area 3
o DA-4 — Development Area 4
o DA-6 — Development Area 6
• PC COM — Planned Community Commercial
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Figure 1
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�110 Am Figure 2
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Tustin Marketplace
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SITE IDENTIFICATION Downtown Commercial Figure 3a
TO MEET RHNA Core Specific Plan
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SITE IDENTIFICATION Figure 3b
TO MEET RH NA
Enderle Center (Site #19)
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The Market Place
(Site #20)
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INITIAL STUDY City of Tustin
3 PROJECT DESCRIPTION
3.1 PROJECT OVERVIEW
In accordance with State Government Code Section 65580, the legislature has declared
that the attainment of decent housing and the provision of a suitable living environment
to meet the needs of all economic segments of the population are of the highest priority.
The legislature also recognizes that to meet the statewide goal, cooperation between
government and the private sector is necessary, and that local and State governments
have a responsibility to utilize the powers vested in them to facilitate the development and
improvement of housing.
The Housing Element is one of the seven mandatory elements of the General Plan. State
law requires inclusion of a Housing Element in the General Plan in recognition of the role
that land use planning plays in the production of affordable housing. Tustin's General
Plan consists of the following six Elements:
• Conservation/Open Space/Recreation
• Growth Management
• Housing
• Land Use
• Noise/Circulation
• Public Safety
Specific requirements for data collection and analysis necessary to prepare the Housing
Element are set forth in Government Code Section 65583. The Government Code also
requires that each draft of the Housing Element be reviewed by the California Department
of Housing and Community Development (HCD) and that the Department's findings be
incorporated prior to adoption, or that specified findings be made in response to the
Department's comments.
The 2021-2029 Tustin General Plan Housing Element Update (HEU, Draft HEU) was
available for public review and comment from June 30, 2021 to July 30, 2021. The
document was also submitted to the HCD on June 301h and discussed preliminary
comments with the HCD on a call on August 12th. The Draft HEU continues to be revised
to address public and HCD comment. The latest HEU document and information is
available on the City's website at https://www.tustinca.org/HousingElement.
3.2 PROJECT DESCRIPTION
The proposed project is the 2021-2029 HEU. The purpose of the project is to ensure the
City establishes policies, procedures and incentives in its land use planning and
redevelopment activities that will result in the maintenance and expansion of the housing
supply to adequately accommodate households currently living and expected to live in
Tustin. It institutes policies that will guide City decision-making and establishes an action
program to implement housing goals through 2029. Sections included in the HEU are
summarized in Table 3-1 , Summary of 2021-2029 Housing Element.
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Table 3-1: Summary of 2021-2029 Housing Element
Section Summary
I. Introduction to A background and introduction to contents included in the HEU for the
the Housing 2021-2029 planning period.
Element:
II. Summary of An analysis of identified housing needs within the city, which includes
Issues, Needs, a breakdown by special needs groups and other demographics, as
Constraints well as an examination of the constraints that could hinder the City's
and achievement of its objectives and the resources that are available to
Opportunities assist in the provision of housing.
III. Housing City goals, policies, and actions related to housing being adopted into
Element Goals the City's General Plan for implementation during the planning period.
and Policies
IV. Housing Existing and new housing programs to be implemented during the
Implementation planning period in execution of identified housing goals and policies.
Programs
Appendix A— Review A review of the continued progress in implementation, the
of Past Performance effectiveness of the Housing Element, and the appropriateness of the
City's housing goals adopted in the HEU.
Appendix B — Housing Identification of sites that, in total, can achieve Tustin's assigned 2021
Sites Inventory RHNA by income level for the planning period (2021 —2029).
Assessment
Appendix C— Funding sources for a wide variety of major housing assistance
Affordable Housing programs available that can assist in meeting the City's housing
Resources needs.
Appendix D — A summary of fair housing issues in the City of Tustin and an
Affirmatively assessment of the jurisdiction's fair housing enforcement, outreach,
Furthering Fair potential impediments, and commitments.
Housing
Appendix E — Public A summary of community engagement and outreach conducted as
Participation part of the entire HEU process.
(Community
Engagement Plan
Appendix F— Studies, plans, and documents referenced in development of the
References HEU.
State Housing Law requires that each jurisdiction establish the maximum number of
housing units that will be constructed, rehabilitated, and preserved over the planning
period, or the quantified objective. Consistent with state law, the Tustin HEU provides a
plan to accommodate the City's fair share of affordable housing known as the Regional
Housing Needs Allocation, or RHNA. The RHNA is allocated to each region of the state
by HCD in consultation with regional council of governments, which is the Southern
California Association of Governments (SCAG) for the Southern California region.
RHNA allocated to the City of Tustin includes a total of 6,782 housing units with the
following breakdown by income category:
• 1 ,724 very low-income units;
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• 1 ,046 low-income units;
• 1 ,132 moderate-income units; and
• 2,880 above moderate-income housing units.
As conveyed in Table 3-2, Sites to Meet RHNA Estimated Income Distribution, there are
a total of 658 housing units that are captured from approved/entitled, pending and
permitted (projects under construction). There are 532 units in three projects with a total
of 132 extremely very-low-income transitional housing units (7 units proposed at the
House of Ruth and 125 units proposed at the Village of Hope transitional housing
facilities) and 400 above-moderate income housing units that were approved/entitled at
the time of the preparation of the HEU (located within TLSP Neighborhood D South).
Additionally, there is one pending mixed-use project proposed with a total of 137 housing
units (6 very-low-income and 131 above-moderate-income). This project is currently
under review and anticipates a second reading to City Council in Fall 2021 . In addition,
35 ADUs or JADUs are projected to be constructed during the 2021-2029 planning period.
Among other things, the Housing Element establishes the City's strategy to plan for and
facilitate the development of housing over the eight-year planning period. It is required
by Housing Element Law. Expectations are to provide an inventory of land adequately
zoned or planned to be zoned for housing and programs to implement the strategy. The
City analyzed and assessed a number of sites and areas throughout the community
based on these above-mentioned parameters as well as other considerations. While
many sites were considered, 20 sites, two facilities, and one site category have been
identified for Tustin's qualifying sites to accommodate RHNA. The City Zoning Code and
map would be amended to accommodate two of the sites proposed, Enderle Center and
The Market Place, to provide a housing overlay for the provision of residential
development. Zoning would be updated following adoption of the HEU.
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Table 3-2: Sites to Meet RHNA Estimated Income Distribution
Vacant or Units Very Units Low Units Units Above
Site Reference Non-Vacant Capacity Low Income Income Moderate Moderate
Income Income
TLSP-Neighborhood D
North(includes rezone) Vacant 1,461 105 66 72 187
Site 1A
TLSP-Neighborhood D Vacant 1,296 314 218 244 620
—South Site 1 B
TLSP-Neighborhood G Vacant 2,029 526 352 383 968
Site 2
RHASP (Sites 3—6) 1 Vacant 500 124 79 83 214
3 Non-Vacant
DCCSP (Sites 7—16) 4 Vacant 747 187 117 125 318
5 Non-Vacant
Enderle Center Site 19 Non-Vacant 413 102 67 69 175
The Market Place (Site Non-Vacant 900 225 141 150 384
20
Projected ADU &JADUs 35 9 6 6 14
Transitional Entitled 132 132 0 0 0
Preservation of At-Risk of Existing - - - - -
Market Rate
RHNA 6,782 1,724 1,046 1,132 2,880
Assigned Distributions _ 6,782 1,724 1,046 1,132 3,280
Achieved
Assigned Distributions
Achieved with 20% Buffer _ 8,138 - - - -
(within TLSP
Neighborhood G
Note:Percentage of total Very Low-and Low-Income units on vacant land is 75 percent.
Source:2021 RHNA,SCAG
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Future residential development in the City of Tustin will take place primarily in five distinct
parts of the city and within three Specific Plan areas; Tustin Legacy Specific Plan (TLSP)
(formerly the MCAS Tustin Reuse Specific Plan), Downtown Commercial Core Specific
Plan (DCCSP),Red Hill Avenue Specific Plan (RHASP), Enderle Center and The Market
Place. These five areas are located in different areas of the City and are described below:
Tustin Legacy Specific Plan (TLSP) Area
Tustin Legacy contains two neighborhoods where residential housing sites will be
concentrated for this planning period: Neighborhood D and Neighborhood G. The land is
vacant. The zoning for Tustin Legacy is SP 1 and the General Plan designation is TLSP.
Neighborhood D has a total of 84.73 acres and is divided into two areas: South (44.86
acres) and North (39.87 acres). Sites within Tustin Legacy do not have a density
prescribed to the planning area per the TLSP; however, there is a development cap
placed on several of the planning areas. Therefore, a default density of 30 units per acre
was applied for areas within the cap limit. A total of 4,786 units have been allocated to
this area.
Red Hill Avenue Specific Plan (RHASP) Area
The RHASP was adopted in 2018. The RHASP area consists of approximately 52 acres
centrally located within the city. It is primarily a commercial and retail corridor that is prime
for revitalization. With the Specific Plan, mixed-use residential is permitted. The RHASP
provides a unique Residential Allocation Reservation (RAR) which is approved either by
the Community Development Director or the Planning Commission/City Council, as
applicable. The RAR is the mechanism with an associated process and timeline that
allocates units to a requested development. The units are drawn from a residential
allocation bank which assigns units by area and allows for transferability between areas.
The maximum density on an individual parcel may exceed 25 dwelling units per acre (the
General Plan's maximum density) as long as the total dwelling units allocated to the
Specific Planning Area is not exceeded. Therefore, a default density of 30 units per acre
is achievable in the RHASP area. The Zoning is SP 13 and the General Plan designation
is RHASP. The maximum allowable building height for residential mixed-use development
in the RHASP is 4 stories/50 feet. Four sites within the RHASP area have been identified
as relevant sites to meet RHNA. A total of 500 residential units have been allocated to
this area.
This site also has a pending mixed-use project which was approved on August 18, 2021
by the Tustin City Council. The pending project includes 137 units (114 base density units
plus 20% density bonus), of which 131 are market-rate and six are designated affordable
to very low-income households.
Downtown Commercial Core Specific Plan (DCCSP) Area
The Downtown Commercial Core Specific Plan was adopted in 2018 and is centered
around the intersection of Main Street and EI Camino Real in Old Town. The DCCSP
consists of approximately 220 acres located in the northern and western portion of the
City.
This area was not previously zoned to accommodate residential development. With the
adoption of the DCCSP, the area now allows residential development (primarily mixed-
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use residential). Since Specific Plan adoption, 140 residential units have been developed,
and 747 allocated units remain. The DCCSP also provides the RAR which is approved
either by the Current housing bank allocations which include 45 units to Development
Area 1 , 92 units to Development Area 2, 200 units to Development Area 3, 150-units to
Development Area 4 and, 260 units to Development Area 6.
The maximum density on an individual parcel may exceed 25 dwelling units per acre (the
General Plan's maximum density) as long as the total dwelling units allocated to the
Specific Plan area is not exceeded. Therefore, a default density of 30 units per acre is
achievable in the DCCSP area. The Zoning is SP 12 and the General Plan designation is
DCCSP. The maximum allowable building height ranges from two to five stories,
depending on Development Area and adjacent land uses.
None of the DCCSP sites were identified in either of the past two planning cycles as
vacant land available for housing to meet RHNA. A total of 747 residential units have
been allocated to this area.
Enderle Center
The Enderle Center is a commercial center located to the east of State Route (SR) 55
and south of 17th Street. The site includes existing commercial uses and could be
developed to include mixed use development in the future that would support residential
uses. The site is zoned as PC COM (Planned Community Commercial) and designated
as PCCB (Planned Community Commercial/Business) land use. Zoning would be
amended to include a housing overlay on the site in order to allow for future residential
development. Density has not been established for this area and would be established
with the adoption of the planned community. A total of 413 residential units have been
allocated to this area.
The Market Place/East Tustin Specific Plan (ETSP)
The Market Place is a commercial center located north of the 1-5 freeway at Jamboree
Road and is divided between the City of Irvine and the City of Tustin. The Tustin portion
of the commercial center is located on the west side of Jamboree Road between Bryan
Avenue and the 1-5 freeway and the City of Irvine portion is located on the east side of
Jamboree Road. The site includes existing commercial uses and could be developed to
include mixed use development in the future that would support residential uses. The site
is in the East Tustin Specific Plan Area (SP-8) and zoned as PC COM (Planned
Community Commercial) and designated as PCCB (Planned Community
Commercial/Business) land use. According to the ETSP, the allowable uses for this area
include business and employment. Zoning would be amended to include a housing
overlay on the site in order to allow for future residential development. Density has not
been established for this area and would be established with the adoption of the planned
community. A total of 900 residential units have been allocated to this area.
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3.3 DISCRETIONARY ACTION REQUESTED
The City of Tustin are expected to use the information contained in this Initial Study for
consideration of approvals related to and involved in the implementation of this project.
These include, but may not be limited to, the permits and approvals described below.
As part of the proposed project, the following discretionary actions are required:
• Adoption of Negative Declaration (City of Tustin City Council)
• Adoption of Housing Element
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4 ENVIRONMENTAL CHECKLIST
4.1 BACKGROUND
Project Title:
City of Tustin General Plan 2021-2029 Housing Element
Lead Agency:
City of Tustin
300 Centennial Way
Tustin, CA 92780
Lead Agency Contact:
Erica H. Demkowicz, Senior Planner
(714) 573-3127
Project Location:
The project site is located in Tustin, California.
Project Sponsor Contact:
City of Tustin; Erica H. Demkowicz, Senior Planner
(714) 573-3127
General Plan and Zoning Designation: Tustin supports a variety of land use and
zoning designations, including residential, commercial, industrial, and public/
institutional.
Project Description: The City of Tustin proposes to update the General Plan Housing
Element to include plans and policies that will cover the timeframe of 2021-2029 Plan,
in compliance with California Government Code Section 65580 et. seq..
Surrounding Land Uses and Setting:
Tustin is surrounded by the cities of Santa Ana to the west, Irvine to the east and south,
and unincorporated County of Orange area (i.e. North Tustin) and Orange to the north.
The jurisdictions are highly developed and mostly residential in nature. The City of
Irvine contains an abundance of commercial and business uses, as well as John
Wayne Airport.
Other Public Agencies Whose Approval is Required:
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No other agency is required to approve the HEU, but it will be reviewed by the HCD for
the purpose of determining whether it complies with the requirements of the Housing
Element Law.
4.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The subject areas checked below were determined to be new significant environmental
effects or to be previously identified effects that have a substantial increase in severity
either due to a change in project, change in circumstances or new information of
substantial importance, as indicated by the checklist and discussion on the following
pages.
❑ Aesthetics ❑ Agriculture & Forest ❑ Air Quality
Resources
❑ Biological Resources ❑ Cultural Resources ❑ Energy
❑ Geology /Soils ❑ Greenhouse Gas ❑ Hazards &
Emissions Hazardous Materials
❑ Hydrology / Water ❑ Land Use / Planning ❑ Mineral Resources
Quality
❑ Noise ❑ Population / ❑ Public Services
Housing
❑ Recreation ❑ Transportation ❑ Tribal Cultural
Resources
❑ Utilities / Service ❑ Wildfire ❑ Mandatory Findings
Systems of Significances
4.3 DETERMINATION:
On the basis of this initial evaluation
® I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
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❑ I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions
in the project have been made by or agreed to by the project proponent. A
MITIGATED NEGATIVE DECLARACTION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment,
and an ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant" or"potentially
significant unless mitigated" impact on the environment, but at least one effect
1) has been adequately analyzed in an earlier analysis pursuant to applicable
legal standards, and 2) has been addressed by mitigation measures based on
the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain
to be addressed.
❑ I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to
applicable standards, and (b) have been avoided or mitigated pursuant to that
earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation
measures that are imposed upon the proposed project, nothing further is
req u i red.
Signature Date
Name and Title Lead Agency
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4.4 EVALUATION OF ENVIRONMENTAL IMPACTS
1) A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each
question.A"No Impact"answer is adequately supported if the referenced information sources show
that the impact simply does not apply to projects like the one involved (e.g.,the project falls outside
a fault rupture zone). A "No Impact" answer should be explained where it is based on project-
specific factors as well as general standards (e.g., the project will not expose sensitive receptors
to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including offsite as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than significant
with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is
substantial evidence that an effect may be significant. If there are one or more "Potentially
Significant Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Potentially Significant Unless Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to
a "Less Significant Impact." The lead agency must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level (mitigation measures from"Earlier
Analysis," as described in (5) below, may be cross-referenced).
5) Earlier analysis may be used where, pursuant to the tiering, program EIR, or other CEQA process,
an effect has been adequately analyzed in an earlier EIR or negative declaration. Guidelines
Section 15063 (c)(3)(d). In this case, a brief discussion should identify the following:
(a) Earlier Analysis Used. Identify and state where they are available for review.
(b) Impacts Adequately Addressed. Identify which effects from the above checklist were within
the scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based
on the earlier analysis.
(c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined from
the earlier document and the extent to which they address site-specific conditions for the
project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources
for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared
or outside document should, where appropriate, include a reference to the page or pages where
the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used, or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead
agencies should normally address the questions from this checklist that are relevant to a project's
environmental effects in whatever format is selected.
9) The analysis of each issue should identify: (a)the significance criteria or threshold used to evaluate
each question; and (b) the mitigation measure identified, if any, to reduce the impact to less than
significance.
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5 ENVIRONMENTAL ANALYSIS
This section provides evidence to substantiate the conclusions in the environmental checklist.
4.5 AESTHETICS
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporat
ed
a) Have a substantial adverse effect on a scenic ❑ ❑ ❑
vista?
b) Substantially damage scenic resources, ❑ ❑ ❑
including, but not limited to, trees, rock
outcroppings, and historic buildings within a state
scenic highway?
c) In nonurbanized areas, substantially degrade the ❑ ❑ ❑
existing visual character or quality of public views of
the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized area,
would the project conflict with applicable zoning and
other regulations governing scenic quality?
d) Create a new source of substantial light or glare ❑ ❑ ❑
which would adversely affect day or nighttime views
in the area?
a. Have a substantial adverse effect on a scenic vista?
No Impact. Scenic vistas consist of expansive, panoramic views of important, unique, or
highly valued visual features that are seen from public viewing areas. This definition
combines visual quality with information about view exposure to describe the level of
interest or concern that viewers may have for the quality of a particular view or visual
setting. A scenic vista can be impacted in two ways: a development project can have
visual impacts by either directly diminishing the scenic quality of the vista or by blocking
the view corridors or "vista" of the scenic resource. Important factors in determining
whether a proposed project would block scenic vistas include the project's proposed
height, mass, and location relative to surrounding land uses and travel corridors.
The City's General Plan identifies scenic resource areas in the Conservation/Open
Space/Recreation Element. As new development is considered by City decision makers,
public views should be preserved as much as possible. Consideration will be given to
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protecting public views along the ridge lines, views toward the inland mountains (Santa
Ana Mountains), and along scenic transportation corridors. Figure COSR-4 of the General
Plan Conservation/Open Space/Recreation Element conceptually identifies significant
public scenic resources in Tustin. Many of the City's major arterial roadways and freeway
buffers have been identified as existing landscape corridor or proposed landscape
corridor strengthening/freeway edge landscape buffering, including roadways adjacent to
proposed RHNA sites, such as the 1-5 corridor, Jamboree Road, and Newport Avenue.
Several policies and programs have been established through the General Plan to protect
views of scenic resources within the city. Program 35, Protect Scenic Views and
Resources establishes that "Through the Hillside Review process, monitor and limit
development of Peters Canyon Ridgeline consistent with the requirements of the East
Tustin Specific Plan, Grading and Excavation Code and Grading Manual." ' Additionally,
Policy 1 .14 of the General Plan Conservation/Open Space/Recreation Element
specifically instructs the City to "Enhance the important role that streetscapes play in
defining the character of the City by expanding street planning and design procedure to
include aesthetic and environmental concerns, as well as traffic considerations. Develop
a circulation system which highlights environmental amenities and scenic areas.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential scenic resource impacts would be
evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Additionally, all future projects would be
required to comply with applicable Federal, State, and local policies and regulations
established to protect scenic resources. Where applicable, existing zoning regulations
require development setbacks that would ensure that new development would not
encroach into roadway corridors. The RHASP and DCCSP both provide a unique
Residential Allocation Reservation (RAR) which is approved either by the Community
Development Director or the Planning Commission/City Council, as applicable. The RAR
is the mechanism with an associated process and timeline that allocates units to a
requested development. Development would be reviewed as consistent with City
objectives during the RAR review process for Specific Plan areas that do not have existing
development standards (DCCSP and RHASP). Generally, all development within the
RHNA designated sites (outside of designated SP areas) would be reviewed to ensure
compliance with applicable Federal, State and local policies and regulations established
to protect scenic resources. Therefore, the project would result in no impact.
b. Substantially damage scenic resources, including, but not limited to, trees,
rock outcroppings, and historic buildings within a state scenic highway?
1 City of Tustin Grading Manual (1990) available at:
https://www.tustinca.org/DocumentCenter/View/5029/Grading-Manual-June-1990
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No Impact. There are no officially designated State scenic highways within the City. The
closest Eligible State Scenic Highway according to the California Department of
Transportation (Caltrans) is a portion of SR-91 , located approximately six miles north of
the city. Tustin is not visible from the highway. Therefore, the project would result in no
impacts on a scenic resource within a state scenic highway.
c. In nonurbanized areas, substantially degrade the existing visual character
or quality of public views of the site and its surroundings? (Public views are
those that are experienced from publicly accessible vantage point). If the
project is in an urbanized area, would the project conflict with applicable
zoning and other regulations governing scenic quality?
No Impact. The city is generally a developed urbanized area. The City supports a variety
of land uses as included in the City's General Plan Land Use Map (2018). Housing sites
identified to support the 2021 RHNA are designated with the following land uses:
• TLSP — Tustin Legacy Specific Plan
• RHASP — Red Hill Avenue Specific Plan
• DCCSP — Downtown Commercial Core Specific Plan
• PCCB — Planned Community Commercial/Business
Additionally, the City's Zoning Map (2018) includes the following zones underlying
identified housing sites:
• SP 1 — Tustin Legacy
• SP 8 — East Tustin
• SP 13 — Red Hill Avenue
• SP 12 — Downtown Commercial Core
o DA-2 — Development Area 2
o DA-3 — Development Area 3
o DA-4 — Development Area 4
o DA-6 — Development Area 6
• PC COM — Planned Community Commercial
All zoning designations, with the exception of PC COM (Planned Community Commercial)
and SP 8 (East Tustin), encourage mixed-use development and allow for residential uses.
The RHASP and DCCSP both provide a unique RAR which is approved either by the
Community Development Director or the Planning Commission/City Council, as
applicable. The RAR is the mechanism with an associated process and timeline that
allocates units to a requested development. The units are drawn from a residential
allocation bank which assigns units by area and allows for transferability between areas.
Sites within TLSP do not have a density prescribed to the entire specific plan area;
however, there is a development cap placed on several of the planning areas.
Development would be reviewed as consistent with City objectives during the RAR review
process for Specific Plan areas that do not have existing development standards.
The HEU would not directly result in changes to land use or zoning designations. The
City's Zoning Code would be updated following adoption of the HEU to include a housing
overlay over The Market Place and Enderle Center RHNA housing sites, which would
allow for the development of residential in these areas. Proposed RHNA sites designated
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as PC COM (Planned Community Commercial) and SP 8 (East Tustin) are in existing
developed areas. Potential impacts that could result from proposed Zoning Code changes
would be evaluated under a separate CEQA review process.
The HEU is a policy document, consisting of a housing program, and its adoption would
not, in itself, produce environmental impacts. Development proposed as a result of the
HEU would be required to obtain City approval on a project-by-project basis for any
discretionary action, such as approval of a grading permit, and undergo a separate
environmental process to assess potential air quality impacts. Therefore, the HEU would
result in no impact.
d. Create a new source of substantial light or glare which would adversely
affect day or nighttime views in the area?
No Impact. The HEU does not directly propose any development. However,
implementation of the programs contained in the HEU would accommodate development
required to meet the City's RHNA. Any new development proposed on the 20 sites, which
include vacant and nonvacant areas, would introduce new sources of light from new
building security lighting, streetlights, interior lights shining through building windows, and
headlights from nighttime vehicular trips generated from new development. As discussed
above, although some of the RHNA sites are vacant, they are surrounded by urban uses
and major thoroughfares.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential light or glare impacts would be evaluated
on a site-by-site basis and mitigation measures, if necessary, would be implemented to
reduce significant impacts. Additionally, all future projects would be required to comply
with applicable local policies and regulations and would be reviewed by the City to ensure
that light and glare would not impact day or nighttime views. Therefore, the project would
result in no impact.
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4.6 AGRICULTURE AND FOREST RESOURCES
In determining whether impacts to agricultural Potentially Less Than Less Than No Impact
resources are significant environmental effects, lead Significant Significant Significant
agencies may refer to the California Agricultural Impact with Impact
Land Evaluation and Site Assessment Model (1997) Mitigation
prepared by the California Dept. of Conservation as Incorporate
an optional model to use in assessing impacts on d
agriculture and farmland. In determining whether
impacts to forest resources, including timberland,
are significant environmental effects, lead agencies
may refer to information compiled by the California
Department of Forestry and Fire Protection
regarding the state's inventory of forest land,
including the Forest and Range Assessment Project
and the Forest Legacy Assessment Project; and the
forest carbon measurement methodology provided
in Forest Protocols adopted by the California Air
Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or ❑ ❑ ❑
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
b) Conflict with existing zoning for agricultural use, ❑ ❑ ❑
or a Williamson Act contract?
c)Conflict with existing zoning for, or cause rezoning ❑ ❑ ❑
of, forest land (as defined in Public Resources Code
section 12220(g)), timberland (as defined by Public
Resources Code section 4526),or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of ❑ ❑ ❑
forest land to non-forest use?
e) Involve other changes in the existing environment ❑ ❑ ❑
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use or
conversion of forest land to non-forest use?
a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide
Importance, as shown on the maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the California Resources Agency, to
non-agricultural use?
No Impact. The State of California Department of Conservation's (CDOC) Farmland
Mapping and Monitoring Program is charged with producing maps for analyzing impacts
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on the state's agricultural resources. California's agricultural lands are rated based on soil
quality and irrigation status. For CEQA purposes, the following categories qualify as
"agricultural land": Prime Farmland, Farmland of Statewide Importance, Unique
Farmland, Farmland of Local Importance, and Grazing Land.
The City does not currently include any commercial agricultural land uses. Existing zoning
in the City of Tustin does not currently allow for commercial agricultural uses. The
Residential Agricultural District (RA) allows for light agricultural uses incidental to single-
family residential use. Additionally, land within the city is almost entirely designated as
Urban and Built-Up Land and a portion of the TLSP area is designated as Other Land per
the CDOC Farmland Mapping and Monitoring Program.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential farmland impacts would be evaluated
on a site-by-site basis and mitigation measures, if necessary, would be implemented to
reduce significant impacts. Additionally, all future projects would be required to comply
with applicable local policies and regulations and would be reviewed by the City to ensure
that farmland impacts would not occur. Therefore, the project would result in no impact.
b. Conflict with existing zoning for agricultural use, or a Williamson Act
contract?
No Impact. The Williamson Act (California Land Conservation Act of 1965) restricts the
use of agricultural and open space lands to farming and ranching by enabling local
governments to contract with private landowners for indefinite terms in exchange for
reduced property tax assessments.
Tustin does not include any land that is currently under an active Williamson Act contract.
Therefore, development of the project would not result in the cancellation of the contract,
and impacts related to a Williamson Act contract would not occur and this topic will not
be evaluated in the EIR. Additionally, the HEU does not include goals, programs, or
policies that would directly conflict with existing zoning for agricultural use, or any potential
future Williamson Act contracts. Therefore, the project would result in no impact.
c. Conflict with existing zoning for, or cause rezoning of, forest land (as
defined in Public Resources Code section 12220(g)), timberland (as defined
by Public Resources Code section 4526), or timberland zoned Timberland
Production (as defined by Government Code section 51104(g))?
No Impact. "Forest land" is defined as "land that can support 10 percent native tree cover
of any species, including hardwoods, under natural conditions, and that allows for
management of one or more forest resources, including timber, aesthetics, fish and
wildlife, biodiversity, water quality, recreation, and other public benefits."2 "Timberland" is
defined as "land, other than land owned by the federal government and land designated
, California Public Resources Code Section 12220(g).
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by the board as experimental forest land, which is available for, and capable of, growing
a crop of trees of a commercial species used to produce lumber and other forest products,
including Christmas trees."3 "Timberland Production Zone" (TPZ) is defined as "an area
which has been zoned pursuant to Section 51112 or 51113 and is devoted to and used
for growing and harvesting timber, or for growing and harvesting timber and compatible
uses, as defined in subdivision (h)." The City of Tustin includes eucalyptus groves within
the hillside areas of the ETSP area.
Sites identified to accommodate RHNA housing development includes one site that falls
within the ETSP area; however, the area where future housing is proposed is within a
completely developed area, The Market Place, that does not include forest land or
timberland land uses and would not directly or indirectly impact the existing eucalyptus
groves.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential forest land impacts would be evaluated
on a site-by-site basis and mitigation measures, if necessary, would be implemented to
reduce significant impacts. Additionally, all future projects would be required to comply
with applicable local policies and regulations and would be reviewed by the City to ensure
that forest land impacts would not occur. Therefore, the project would result in no impact.
d. Result in the loss of forest land or conversion of forest land to non-forest
use?
No Impact. As discussed above, the project does not propose development within an
area containing forest land. Therefore, the proposed project would not result in the loss
or conversion of forest land to non-forest use.
e. Involve other changes in the existing environment which, due to their
location or nature, could result in conversion of Farmland to non-
agricultural use or conversion of forest land to non-forest use?
No Impact. The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential farmland or forest land impacts would
be evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Additionally, all future projects would be
required to comply with applicable local policies and regulations and would be reviewed
by the City to ensure that farmland or forest land impacts would not occur. Therefore, the
project would result in no impact.
, California Public Resources Code Section 4526.
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4.7 AIR QUALITY
Where available, the significance criteria Potentially Less Than Less Than No Impact
established by the applicable air quality Significant Significant Significant
management or air pollution control district may be Impact with Impact
relied upon to make the following determinations. Mitigation
Would the project: Incorporat
ed
a) Conflict with or obstruct implementation of the ❑ ❑ ❑
applicable air quality plan?
b) Result in a cumulatively considerable net ❑ ❑ ❑
increase of any criteria pollutant for which the project
region is non- attainment under an applicable
federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial ❑ ❑ ❑
pollutant concentrations?
d) Result in other emissions (such as those leading ❑ ❑ ❑
to odors)adversely affecting a substantial number of
people?
a. Conflict with or obstruct implementation of the applicable air quality plan?
No Impact. The City of Tustin is located within the South Coast Air Basin (Basin). The
Basin includes all of Orange County and portions of Los Angeles, Riverside, and San
Bernardino Counties. Air quality within the Basin is under the jurisdiction of the South
Coast Air Quality Management District (SCAQMD) and the California Air Resources
Board (CARB). Standards for air quality within the Basin are documented in the
SCAQMD's Air Quality Management Plan (AQMP). The main purpose of an AQMP is to
describe air pollution control strategies to be taken by a city, county, or region classified
as a nonattainment area in order to bring the area into compliance with federal and State
air quality standards. SCAQMD's 2016 AQMP is based on regional growth forecasts for
the Southern California Association of Governments region. Whether the project would
exceed the growth assumptions in the AQMP is, in part, based on projections from local
general plans.
A project is consistent with the regional AQMP if it does not create new violations of clean
air standards, exacerbate any existing violations, or delay a timely attainment of such
standards. The HEU would not directly result in changes to land use or zoning
designations. The City's Zoning Code would be updated following adoption of the HEU to
include a housing overlay over The Market Place and Enderle Center RHNA housing
sites, which would allow for the development of residential in these areas. Potential
impacts that could result from proposed Zoning Code changes would be evaluated under
a separate CEQA review process. The HEU is a policy document, consisting of a housing
program, and its adoption would not, in itself, produce environmental impacts.
Development proposed as a result of the HEU would be required to obtain City approval
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on a project-by-project basis for any discretionary action, such as approval of a grading
permit, and undergo a separate environmental process to assess potential air quality
impacts. Therefore, the HEU would result in no impact.
b. Result in a cumulatively considerable net increase of any criteria pollutant
for which the project region is non-attainment under an applicable federal
or state ambient air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
No Impact. The Basin is designated under the California and National Ambient Air Quality
Standards (NAAQS) as nonattainment for ozone (03), coarse inhalable particulate matter
(PM1o), fine inhalable particulate matter (PM2.5), nitrogen oxides (NOx) (California
standard only), and lead (Los Angeles County only).
As discussed above, the HEU is a policy document, consisting of a housing program, and
its adoption would not, in itself, produce environmental impacts. However, implementation
of the programs contained in the HEU would accommodate development required to meet
the City's RHNA. The volume of air quality emissions generated by the new development
would depend on the specifics of the units constructed and the types of construction that
would occur. Development proposed as a result of the HEU would be required to obtain
City approval on a project-by-project basis for any discretionary action, such as approval
of a grading permit, and undergo a separate environmental process to assess potential
air quality impacts. For specific development projects, issues related to potential long-
and short-term emissions and impacts to air quality would be assessed at the time the
projects are proposed. Measures that are required by underlying Specific Plan EIRs, as
well as new measures specific to the development and reduce emissions would then be
adopted, as necessary. Therefore, the HEU would result in no impact.
c. Expose sensitive receptors to substantial pollutant concentrations?
No Impact. An impact is potentially significant if emission levels exceed the State or
Federal ambient air quality standards, thereby exposing sensitive receptors to substantial
pollutant concentrations. Sensitive receptors are locations where uses or activities result
in increased exposure of persons more sensitive to the unhealthful effects of emissions
(such as children and the elderly). City supports residential, school, park and other land
uses that include sensitive receptor populations. There is a school located within a RHNA
site identified within the TLSP area and several schools surrounding the other RHNA
housing sites.
The HEU consists of housing policies and programs designed to facilitate provision of
housing to meet State requirements. The HEU is a policy document that does not propose
site specific development and adoption of the HEU would not result in physical effects to
the environment. Future housing development implementing the HEU would be required
to obtain City approval on a project-by-project basis and would still be subject to all
existing City and State standards, including the development standards contained in the
Zoning Code. Furthermore, discretionary actions, such as approval of a development
permit or grading permit, would be subject to environmental review that would evaluate
the specific development proposal and the related air quality emission to ensure that the
project would not exceed SCAQMD thresholds. Measures that are required by underlying
Specific Plan EIRs, as well as new measures specific to the development would be
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adopted to reduce emissions that could expose sensitive receptors to substantial pollutant
concentrations as necessary. Therefore, the project would result in no impact.
d. Result in other emissions (such as those leading to odors) adversely
affecting a substantial number of people?
No Impact. The proposed project would not emit other emissions, such as those
generating objectionable odors, that would affect a substantial number of people. The
threshold for odor is identified by SCAQMD Rule 402, Nuisance, which states:
A person shall not discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment, nuisance, or
annoyance to any considerable number of persons or to the public, or which
endanger the comfort, repose, health or safety of any such persons or the public,
or which cause, or have a natural tendency to cause, injury or damage to business
or property. The provisions of this rule shall not apply to odors emanating from
agricultural operations necessary for the growing of crops or the raising of fowl or
animals.
The HEU provides guidance for the future development of residential uses and does not
involve land uses that are typically associated with the creation of objectionable odors
(such as rendering plants, landfills, treatment plants, etc.). The HEU is a policy document,
and its adoption would not, in itself, produce environmental impacts. Future residential
project proposed to achieve the City's RHNA goals would be located on developed,
underutilized sites or on vacant parcels proposed and zoned for mixed use development.
Potential emission impacts would be evaluated on a site-by-site basis and mitigation
measures, if necessary, would be implemented to reduce significant impacts. Additionally,
all future projects would be required to comply with applicable local policies and
regulations and would be reviewed by the City to ensure that emission impacts would not
occur. Therefore, the project would result in no impact.
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4.8 BIOLOGICAL RESOURCES
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporat
ed
a) Have a substantial adverse effect, either directly ❑ ❑ ❑
or through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in local or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian ❑ ❑ ❑
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations or by the California Department of Fish
and Game or US Fish and Wildlife Service?
c) Have a substantial adverse effect on state or ❑ ❑ ❑
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption, or
other means?
d) Interfere substantially with the movement of any ❑ ❑ ❑
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife
nursery sites?
e) Conflict with any local policies or ordinances ❑ ❑ ❑
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat ❑ ❑ ❑
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
a —f. No Impact.
The City's Conservation/Open Space/Recreation Element of the General Plan Identifies
areas as "important natural resources"within Figure COSR-2. Since the natural resources
areas have been designated, new development has occurred throughout the city. Areas
identified as important natural resources are located at the northern and southern ends
of the city. Natural resources to the north include open space areas, Lower Peters Canyon
Retarding Basin, Eucalyptus Windrow, and Redwood Grove. This area also includes
Coastal Sage Scrub habitat. The natural habitats to the north support sensitive or
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endangered species such as the California Black-tailed Gnatcatcher, the San Diego
Cactus Wren, and the San Diego Coast Horned Lizard. Within southern Tustin,
agricultural land is identified as an important natural resource based on the CDOC's
previous designation of the land as important farmland. However, the area has since been
adopted into a specific plan (TLSP) and is no longer utilized for agricultural purposes.
Additionally, Peters Canyon is a predominant riparian feature within the city. Several
mitigation measures were adopted for Peters Canyon as part of the ETSP. These
mitigation measures continue to reflect City policy. For several years, the Lower Peters
Canyon Retarding Basin contained a small riparian habitat.4 This habitat has severely
deteriorated in recent years. The City works with the County of Orange, which recently
constructed a replacement dam, to preserve the riparian area and implement active
measures to increase water supply to restore the habitat area.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. One RHNA site is located in the ETSP; however,
the site is currently developed and is outside of areas containing sensitive biological
habitat. Potential biological resource impacts would be evaluated on a site-by-site basis
and mitigation measures, if necessary, would be implemented to reduce significant
impacts. Additionally, all future projects would be required to comply with applicable
Federal, State, and local policies and regulations established to protect biological species.
Therefore, the project would result in no impact.
4 City of Tustin General Plan Conservation/Open Space/Recreation Element, available at
https://www.tustinca.org/DocumentCenter/View/713/City-of-Tustin-General-Plan-
PDF?bidld=
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4.9 CULTURAL RESOURCES
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporat
ed
a) Cause a substantial adverse change in the ❑ ❑ ❑
significance of a historical resource pursuant to
§15064.5?
b) Cause a substantial adverse change in the ❑ ❑ ❑
significance of an archaeological resource pursuant
to §15064.5?
c) Disturb any human remains, including those ❑ ❑ ❑
interred outside of formal cemeteries?
a — c No Impact.
The City of Tustin contains several designated historic resources and resources of historic
age that could be eligible for designation. Tustin's historic preservation program was
established by Tustin City Code Section 9252 "Cultural Resources District," and is
supported by Residential Design Guidelines and Commercial Design Guidelines
established by the City. It is also supported by the Secretary of Interior's Standards for
the Treatment of Historical Properties.5 Together, these documents establish criteria and
procedures for the designation, preservation and maintenance of cultural resources
throughout the City of Tustin.
The City's Conservation/Open Space/Recreation Element of the General Plan Figure
COSR-2 identifies areas sensitive to cultural resources. The City has very detailed
standards and requirements for grading that are designed to protect sensitive
topographic, soil, paleontologic, and archaeologic resources. The Tustin Grading Manual
prescribes appropriate measures to protect the earth by controlling erosion,
sedimentation, and storm damage. Proper grading, soil management, and open space
standards will work to preserve these areas sensitive to cultural resources. Sensitive
locations are identified, and their preservation is a high priority for the City during any
project review. As new resources are identified in the City, they will be documented as
features or resources the City desires to preserve. As per the City's General Plan, a
records search will be performed prior to any development. If no record of resources
exists, a field survey will be performed. Any proposed project which is located within a
5 Tustin Residential Design Guidelines and Commercial Design Guidelines available at
https://www.tustinca.org/l 039/Resources
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sensitive area as defined by Figure COSR-2, or is identified through a subsequent study,
will require a licensed paleontologist or archaeologist to be present on the site to observe
grading or other earthwork per the City's General Plan.
California Health and Safety Code Section 7050.5, CEQA Section 15064.5, and Public
Resources Code Section 5097.98 mandate a process to be followed in the event of an
accidental discovery of any human remains in a location other than a dedicated cemetery.
Specifically, California Health and Safety Code Section 7050.5 requires that if human
remains are discovered within the project site, disturbance of the site shall remain halted
until the coroner has conducted an investigation into the circumstances, manner, and
cause of death, and made recommendations concerning the treatment and disposition of
the human remains to the person responsible for the excavation, or to his or her
authorized representative, in the manner provided in Section 5097.98 of the Public
Resources Code. If the coroner determines that the remains are not subject to his or her
authority and if the coroner has reason to believe the human remains to be those of a
Native American, he or she shall contact, by telephone within 24 hours, the Native
American Heritage Commission.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Measures that are required by underlying Specific
Plan EIRs will be implemented. Potential cultural resource impacts would be evaluated
on a site-by-site basis and mitigation measures, if necessary, would be implemented to
reduce significant impacts. Additionally, all future projects would be required to comply
with applicable Federal, State, and local policies and regulations established to protect
cultural resources. Therefore, the project would result in no impact.
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4.10 ENERGY
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporat
ed
a) Result in potentially significant environmental ❑ ❑ ❑
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for ❑ ❑ ❑
renewable energy or energy efficiency?
a and b. No Impact.
No Impact. Implementation of the programs contained in the HEU would accommodate
development required to meet the City's RHNA. The new residential units developed
through the HEU would generate demand for electricity, natural gas, as well as gasoline
for motor vehicle trips. Operational use of energy includes the heating, cooling, and
lighting of the residences, water heating, operation of electrical systems and plug-in
appliances, and outdoor lighting, and the transport of electricity, natural gas, and water to
the residences where they would be consumed. This use of energy is typical for
residential development, no additional energy infrastructure would be required to be built
to support the HEU, and no operational activities would occur that would result in
extraordinary energy consumption.
Construction of future development would be required to comply with CARB's regulations
established in 2014 to restrict the idling of heavy-duty diesel motor vehicles and govern
the accelerated turnover of oldest and dirtiest equipment to newer, cleaner models and
prevent fleets from adding older, dirtier equipment. All residential projects would be
required to meet the current Title 24 energy efficiency standards. The City's
administration of the Title 24 requirements includes review of design components and
energy conservation measures that occurs during the permitting process, which ensures
that all requirements are met. Typical Title 24 measures include insulation; use of energy-
efficient heating, ventilation, and air conditioning equipment (HVAC); solar-reflective
roofing materials; solar panels. energy-efficient indoor and outdoor lighting systems;
reclamation of heat rejection from refrigeration equipment to generate hot water; and
incorporation of skylights, etc. In addition to requiring compliance with Title 24, the City
maintains several policies and requirements for development under Goal 6,
Environmental Sensitivity, that promote energy-efficient design in new development and
the use of solar energy.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
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and zoned for mixed use development. Potential energy resource impacts would be
evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Measures that are required by underlying
Specific Plan EIRs will be implemented. Additionally, all future projects would be required
to comply with applicable Federal, State, and local policies and regulations established
to promote energy efficiency and the use of renewable energy. Therefore, the project
would result in no impact.
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4.11 GEOLOGY AND SOILS
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporat
ed
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as ❑ ❑ ❑
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State
Geologist for the area or based on other substantial
evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42?
ii) Strong seismic ground shaking? ❑ ❑ ❑
iii) Seismic-related ground failure, including ❑ ❑ ❑
liquefaction?
iv) Landslides? ❑ ❑ ❑
b) Result in substantial soil erosion or the loss of ❑ ❑ ❑
topsoil?
c) Be located on a geologic unit or soil that is ❑ ❑ ❑
unstable, or that would become unstable as a result
of the project, and potentially result in on- or offsite
landslide, lateral spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil, as defined in Table ❑ ❑ ❑
18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life or
property?
e) Have soils incapable of adequately supporting the ❑ ❑ ❑
use of septic tanks or alternative wastewater
disposal systems where sewers are not available for
the disposal of wastewater?
f) Directly or indirectly destroy a unique ❑ ❑ ❑
paleontological resource or site or unique geologic
feature?
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a. i — iv and c. No Impact.
The City of Tustin General Plan Conservation/Open Space/Recreation Element identifies
several geologic hazards that could impact the community. Figure COSR-1 of the
Conservation/Open Space/Recreation Element depicts the areas in the community which
require special planning considerations to avoid potential hazards. Three geologic
hazards identified are seismic hazards, soil liquefaction, and landslides. As none of the
geologic fault systems within Tustin are known to be active, they are not identified on
Figure COSR-1 ; however, the EI Modena Fault is an inactive fault within the city. The city
is not located within an Alquist-Priolo Earthquake Fault Zone. Much of the southern
portion of Tustin, surrounding the TLSP area, is identified as high liquefaction potential.
Areas to the southeast along Peters Canyon Wash/Channel are identified as being in a
100-year flood plain. The western portion of Tustin, surrounding the DCCSP area, is
identified as 500-year flood plain and high liquefaction potential to the north. Several of
the proposed RHNA housing sites overlap identified hazard areas.
Structures built in the City are required to be built in compliance with the California
Building Code (CBC) (California Code of Regulations, Title 24, Part 2) that provides
provisions for earthquake safety based on factors including building occupancy type, the
types of soils onsite, and the probable strength of ground motion. Compliance with the
CBC would require the incorporation of 1) seismic safety features to minimize the
potential for significant effects as a result of earthquakes; 2) proper building footings and
foundations; and 3) construction of the building structure so that it would withstand the
effects of strong ground shaking.
All of the proposed RHNA housing sites are located within a specific plan area or part of
a planned development area that has undergone previous environmental review. Each of
the specific plan areas include policies and measures to be implemented by future
development that would reduce potential geologic hazards to less than significant levels.
Additionally, the General Plan includes several requirements for future development that
would further reduce the risk of loss, injury, or death, such as
• Policy 8.5 of the Conservation/Open Space/Recreation Element: Review
applications for building and grading permits, and applications for subdivision for
adjacency to, threats from, and impacts on geological hazards arising from seismic
events, landslides, or other geologic hazards such as expansive soils and
subsidence areas, and
• Policy 8.8 of the Conservation/Open Space/Recreation Element: Require
geotechnical studies for developments that are proposed for steep slopes and
where geological instability may be suspected. Where a precise location of the EI
Modena fault is determined, appropriate building setbacks shall be established per
State law.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. The HEU would not directly result in changes to
land use or zoning designations that would place housing within an area of geologic
hazard. The City's Zoning Code would be updated following adoption of the HEU to
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include a housing overlay over The Market Place and Enderle Center RHNA housing
sites, which would allow for the development of residential in these areas. Potential
impacts that could result from proposed Zoning Code changes would be evaluated under
a separate CEQA review process. Potential risk of loss, injury, or death impacts due to
geologic hazard would be evaluated on a site-by-site basis and mitigation measures, if
necessary, would be implemented to reduce significant impacts. Additionally, all future
projects would be required to comply with applicable Federal, State, and local policies
and regulations established to prevent or reduce impacts due to geologic hazard and
measures that are required by underlying Specific Plan EIRs will be implemented.
Therefore, the project would result in no impact.
b. Result in soil erosion or the loss of topsoil?
No Impact. Although the majority of the proposed RHNA sites are currently developed,
future development would result in ground disturbing activity associated with construction
activities and there would be an increased potential for soil erosion of excavated and
loosened soils.
All proposed development construction would be required to comply with the California
Regional Water Quality Control Board (RWQCB) Order No. R8-2010-0033, National
Pollutant Discharge Elimination System (NPDES) Permit No. CAS618033 — Construction
General Permit requirements. Requirements include installation of Best Management
Practices (BMPs), which establishes minimum stormwater management requirements
and controls. To reduce the potential for soil erosion and the loss of topsoil, a Stormwater
Pollution Prevention Plan (SWPPP) is required by the RWQCB regulations to be
developed by a QSD (Qualified SWPPP Developer). The SWPPP is required to address
site-specific conditions related to specific grading and construction activities. The SWPPP
would identify potential sources of erosion and sedimentation to prevent loss of topsoil
during construction, and to identify erosion control BMPs to reduce or eliminate the
erosion and loss of topsoil, such as use of silt fencing, fiber rolls, or gravel bags; stabilized
construction entrances/exits; hydroseeding, and similar measures. In addition to RWQCB
requirements, proposed development would need to comply with the City of Tustin
Grading Manual procedures.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential erosion impacts would be evaluated on
a site-by-site basis and mitigation measures, if necessary, would be implemented to
reduce significant impacts. Measures that are required by underlying Specific Plan EIRs
will be implemented. Additionally, all future projects would be required to comply with
applicable Federal, State, and local policies and regulations established to reduce soil
erosion and the loss of topsoil. Therefore, the project would result in no impact.
d. Be located on expansive soil, as defined in in Table 18-1-B of the Uniform
Building Code (1994), creating substantial direct or indirect risks to life or
property?
No Impact. Expansive soils contain certain types of clay minerals that shrink or swell as
the moisture content changes; the shrinking or swelling can shift, crack, or break
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structures built on such soils. Arid or semiarid areas with seasonal changes of soil
moisture experience, such as southern California, have a higher potential of expansive
soils than areas with higher rainfall and more constant soil moisture.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. The HEU would not directly result in changes to
land use or zoning designations that would place housing within an area of geologic
hazard. The City's Zoning Code would be updated following adoption of the HEU to
include a housing overlay over The Market Place and Enderle Center RHNA housing
sites, which would allow for the development of residential in these areas. Potential
impacts that could result from proposed Zoning Code changes would be evaluated under
a separate CEQA review process. Potential risks to life or property due to expansive soil
would be evaluated on a site-by-site basis and mitigation measures, if necessary, would
be implemented to reduce significant impacts. Additionally, all future projects would be
required to comply with applicable Federal, State, and local policies and regulations
established to prevent or reduce impacts due to expansive soil, including Policy 8.5 of the
Conservation/Open Space/Recreation Element mentioned above, which requires City
review of threats from expansive soils during the development review process. Therefore,
the project would result in no impact.
e. Have soils incapable of adequately supporting the use of septic tanks or
alternative wastewater disposal systems where sewers are not available for
the disposal of wastewater?
No Impact. Proposed RHNA sites would be served by the City sewer utilities and would
not include the use of septic tanks or alternative wastewater disposal systems. Therefore,
the project would result in no impact.
f. Directly or indirectly destroy a unique paleontological resource or site or
unique geologic feature?
No Impact. The City's Conservation/Open Space/Recreation Element of the General
Plan Figure COSR-2 identifies areas sensitive to cultural resources. None of the proposed
RHNA sites are located in an area identified by the General Plan a sensitive to
paleontological resources. The City has very detailed standards and requirements for
grading that are designed to protect sensitive topographic, soil, paleontologic, and
archaeologic resources. The Tustin Grading Manual prescribes appropriate measures to
protect the earth by controlling erosion, sedimentation, and storm damage. Proper
grading, soil management, and open space standards will work to preserve potential
paleontological resources. Sensitive locations are identified, and their preservation is a
high priority for the City during any project review. As new resources are identified in the
City, they will be documented as features or resources the City desires to preserve. Per
the City's General Plan, a records search will be performed prior to any development. If
no record of resources exists, a field survey will be performed. Any proposed project
which is located within a sensitive area, as defined by Figure COSR-2, or is identified
through a subsequent study, will require a licensed paleontologist or archaeologist to be
present on the site to observe grading or other earthwork.
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The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential paleontological resource impacts would
be evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Additionally, all future projects would be
required to comply with applicable Federal, State, and local policies and regulations
established to protect paleontological resources. Therefore, the project would result in no
impact.
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4.12 GREENHOUSE GAS EMISSIONS
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
I ncorporat
ed
a) Generate greenhouse gas ❑ ❑ ❑
emissions, either directly or indirectly,
that may have a significant impact on
the environment?
b) Conflict with an applicable plan, ❑ ❑ ❑
policy or regulation adopted for the
purpose of reducing the emissions of
greenhouse gases?
a. and b. No Impact.
Implementation of the programs contained in the HEU would accommodate development
required to meet the City's RHNA allocation of 6,782 housing units within the 2021 to
2029 planning period. This additional housing would result in direct and indirect GHG
emissions, the volume of which would depend on the specifics of the units constructed.
Direct emissions include consumption of natural gas, heating and cooling of buildings,
landscaping activities and other equipment used directly by land uses. Indirect emissions
include the consumption of fossil fuels for vehicle trips, electricity generation, water
usage, and solid waste disposal.
Future development would be required to comply with Clean Energy and Pollution
Reduction Act of 2015 (SB 350), AB 1007 (Pavley 2007), Title 24 Energy Efficiency
Standards, and the California Green Building Standards, and the City would enforce local
energy policies to encourage energy-efficient design through the development permitting
process as specific above under Section 4.10, Energy.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential GHG impacts would be evaluated on a
project-by-project basis and mitigation measures, if necessary, would be implemented to
reduce significant impacts. Additionally, all future projects would be required to comply
with applicable Federal, State, and local policies and regulations established to minimize
GHG impacts. Therefore, the project would result in no impact.
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4.13 HAZARDS AND HAZARDOUS MATERIALS
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
I ncorporat
ed
a) Create a significant hazard to ❑ ❑ ❑
the public or the environment
through the routine transport, use,
or disposal of hazardous
materials?
b) Create a significant hazard to ❑ ❑ ❑
the public or the environment
through reasonably foreseeable
upset and accident conditions
involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or ❑ ❑ ❑
handle hazardous or acutely
hazardous materials, substances,
or waste within one-quarter mile of
an existing or proposed school?
d) Be located on a site which is ❑ ❑ ❑
included on a list of hazardous
materials sites compiled pursuant
to Government Code Section
65962.5 and, as a result, would it
create a significant hazard to the
public or the environment?
e) For a project located within an ❑ ❑ ❑
airport land use plan or, where
such a plan has not been adopted,
within two miles of a public airport
or public use airport, would the
project result in a safety hazard or
excessive noise for people
residing or working in the project
area?
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f) Impair implementation of or ❑ ❑ ❑
physically interfere with an
adopted emergency response
plan or emergency evacuation
plan?
g) Expose people or structures, ❑ ❑ ❑
either directly or indirectly, to a
significant risk of loss, injury or
death involving wildland fires?
a — c. No Impact.
A hazardous material is defined as any material that, due to its quantity, concentration,
or physical or chemical characteristics, poses a significant present or potential hazard to
human health and safety or to the environment if released into the workplace or
environment. Hazardous materials include, but are not limited to, hazardous substances,
hazardous wastes, and any material that a business or the local implementing agency
has a reasonable basis for believing would be injurious to the health and safety of persons
or harmful to the environment if released into the workplace or the environment.
Hazardous materials are transported through the city via highway, rail, and pipeline.
Public facilities and numerous businesses located in the city store and use varying types
and quantities of hazardous materials, as disclosed in the City's Emergency Operations
Plan.6 The haulers and users of hazardous materials are listed with the Orange County
Fire Authority and are regulated and monitored under the auspices of the County. There
are no production facilities for the manufacture of hazardous materials in the City. The
planning basis for response to a hazardous material incident in Tustin is the Orange
County Hazardous Materials Area Plan. The plan is executed within the contract services
of the Orange County Fire Authority under the Orange County-City Hazardous Material
Emergency Response Authority, a joint powers agency.
Adoption of the HEU would not result in a significant hazard to the public or the
environment through routine transport, use, or disposal of hazardous material, nor create
a significant hazard to the public or the environment through reasonably foreseeable
upset and accident conditions involving the release of hazardous materials into the
environment. The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. The HEU would not directly result in changes to
land use or zoning designations that would place housing within an area of potential
6 City of Tustin Emergency Operations Plan (2019) available at:
https://www.tustinca.org/DocumentCenter/View/570/Emergency-Operations-Plan-PDF
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exposure to hazardous materials. The City's Zoning Code would be updated following
adoption of the HEU to include a housing overlay over The Market Place and Enderle
Center RHNA housing sites, which would allow for the development of residential in these
areas. Potential impacts that could result from proposed Zoning Code changes would be
evaluated under a separate CEQA review process. Potential risks due to hazardous
materials would be evaluated on a site-by-site basis and mitigation measures, if
necessary, would be implemented to reduce significant impacts. Additionally, all future
projects would be required to comply with applicable Federal, State, and local policies
and regulations established to prevent or reduce impacts due to hazardous materials.
Therefore, the project would result in no impact.
d. Be located on a site which is included on a list of hazardous materials sites
compiled pursuant to Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the environment?
No Impact. There are no sites on a list of hazardous materials sites compiled pursuant
to Government Code Section 65962.5 (Cortese List) that are currently identified within
Tustin. The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential hazardous impacts would be evaluated
on a site-by-site basis and mitigation measures, if necessary, would be implemented to
reduce significant impacts. Additionally, all future projects would be required to comply
with applicable Federal, State, and local policies and regulations established to minimize
hazardous materials impacts. Therefore, the project would result in no impact.
e. For a project within an airport land use plan, or where such a plan has not
been adopted, within two miles of a public airport or public use airport,
would the project result in a safety hazard or excessive noise for people
residing or working in the project area?
No Impact. The Airport Land Use Commission (ALUC) for Orange County has
responsibility under state law for formulating a comprehensive airport land use plan
(ALUP) for the anticipated growth of each public use airport and its surrounding vicinity.
General Plans for cities affected by an ALUP must be consistent with that plan. The
purpose of the ALUP is to safeguard the general welfare of the inhabitants within the
vicinity of airports and to ensure the continued operation of the airports. The ALUC for
Orange County has adopted the Airport Environs Land Use Plan (AELUP)governing John
Wayne Airport, AFRC Los Alamitos Fullerton Airport, and Heliports. Proposed RHNA sites
identified within the TLSP area are approximately two miles northeast of John Wayne
Airport and within the AELUP planning area. The HEU will be submitted to ALUC for a
consistency determination, per ALUC requirement, during the review process since the
proposed RHNA sites fall within the John Wayne ALUP planning area.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential impacts due to proximity of John Wayne
Airport would be evaluated on a site-by-site basis and mitigation measures, if necessary,
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would be implemented to reduce significant impacts. Additionally, all future projects would
be required to comply with applicable Federal, State, and local policies and regulations
established to minimize safety hazard or excessive noise for people residing or working
in an airport land use plan area. Therefore, the project would result in no impact.
f. Impair implementation of an adopted emergency response plan or
emergency evacuation plan?
No Impact. As previously mentioned, the City adopted an Emergency Operations Plan.
The plan outlines operational duties and procedures for various positions. Additionally,
the City's Safety Element, as contained within the City of Tustin General Plan, includes
policies and procedures to be administered in the event of a disaster.' The Safety Plan
seeks interdepartmental and inter-jurisdictional coordination and collaboration to be
prepared for, respond to and recover from every day and disaster emergencies.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential impacts due to conflict with an adopted
emergency response plan, such as emergency response times, would be evaluated on a
site-by-site basis and mitigation measures, if necessary, would be implemented to reduce
significant impacts. Additionally, all future projects would be required to comply with
applicable Federal, State, and local policies and regulations established to minimize
impacts to emergency response. Therefore, the project would result in no impact.
g. Expose people or structures, either directly or indirectly, to a significant
risk of loss, injury or death involving wildland fires?
No Impact. According to the CalFire Fire Hazard Severity Zone Map, the City of Tustin
contains very high fire severity zones in the northeast portion of the City$. The 20
proposed RHNA sites are not located within a fire hazard zone.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential impacts due to wildfire would be
evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Additionally, all future projects would be
required to comply with applicable Federal, State, and local policies and regulations
established to minimize impacts due to wildfire. Therefore, the project would result in no
impact.
7 General Plan Safety Element (2017) available at:
https://www.tustinca.org/DocumentCenter/View/713/City-of-Tustin-General-Plan-
PDF?bidld=
8 Cal Fire Hazard Severity Zone Viewer https://egis.fire.ca.gov/FHSZ/
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4.14 HYDROLOGY AND WATER QUALITY
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporate
d
a) Violate any water quality ❑ ❑ ❑
standards or waste discharge
requirements or otherwise
substantially degrade surface
or ground water quality?
b) Substantially decrease ❑ ❑ ❑
groundwater supplies or
interfere substantially with
groundwater recharge such
that the project may impede
sustainable groundwater
management of the basin?
c) Substantially alter the ❑ ❑ ❑
existing drainage pattern of the
site or area, including through
the alteration of the course of a
stream or river or through the
addition of impervious
surfaces, in a manner which
would:
i) result in a substantial ❑ ❑ ❑
erosion or siltation on- or off-
site;
ii) substantially increase ❑ ❑ ❑
the rate or amount of surface
runoff in a manner which would
result in flooding on- or offsite;
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iii) create or contribute ❑ ❑ ❑
runoff water which would
exceed the capacity of existing
or planned stormwater
drainage systems or provide
substantial additional sources
of polluted runoff; or
iv) impede or redirect flood ❑ ❑ ❑
flows?
d) In flood hazard, tsunami, or ❑ ❑ ❑
seiche zones, risk release of
pollutants due to project
inundation?
e) Conflict with or obstruct ❑ ❑ ❑
implementation of a water
quality control plan or
sustainable groundwater
management plan?
a. and c. (i — iv). No Impact
The HEU is a policy document that identifies strategies and programs to meet the existing
and future housing demands within the city. Future development, that has not been
proposed at this time or has been/is currently being evaluated through a separate
environmental review process, would add new uses and increase housing density within
the City. The addition of new housing units could increase pollutant loads being
discharged to local surface or ground water resources, degrading overall water quality of
the resources.
All existing and future development would be required to comply with RWQCB Order No.
R8-2010-0033, National Pollutant Discharge Elimination System (NPDES) Permit No.
CAS618033 — Construction General Permit requirements. Requirements include
installation of BMPs, which establishes minimum stormwater management requirements
and controls. To reduce the potential for soil erosion and the loss of topsoil, a SWPPP is
required by the RWQCB regulations to be developed by a QSD. The SWPPP is required
to address site-specific conditions related to specific grading and construction activities.
The SWPPP would identify potential sources of erosion and sedimentation to prevent loss
of topsoil during construction, and to identify erosion control BMPs to reduce or eliminate
the erosion and loss of topsoil, such as use of silt fencing, fiber rolls, or gravel bags;
stabilized construction entrances/exits; hydroseeding, and similar measures. In addition
to RWQCB requirements, proposed development would need to comply with the City of
Tustin Grading Manual procedures.
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New development would also be required to be undertaken in accordance with Orange
County Drainage Area Management Plan (DAMP), per Tustin City Code, Section 4902,
Control of Urban Runoff.9 The County DAMP is the Permittees' primary policy, planning,
and implementation document for municipal NPDES Stormwater Permit compliance,
which the City is permitted under.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential impacts due to water quality would be
evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Additionally, all future projects would be
required to comply with applicable Federal, State, and local policies and regulations
established to minimize impacts due to water quality. Therefore, the project would result
in no impact.
b. and e. No Impact.
Tustin Water Services utilizes groundwater and imported water to supply domestic water
to more than 14,100 service connections through approximately 172 miles of water
mains.10 The groundwater is pumped from the City's 14 groundwater wells. Imported
water from the Colorado River is provided by the Metropolitan Water District of Southern
California. Little to no water is provided by way of the State Water Project. Tustin Water
Services customers receive a blend of surface and groundwater from these sources. In
2013, Tustin Water Services supplied over 3.98 billion gallons of water to its customers.
The City has multiple storage reservoirs located throughout the service area that allows
for the storage of water during low demand periods for use during peak demand periods
by Tustin Water Services customers. Implementation of the programs contained in the
HEU would accommodate development required to meet the City's RHNA allocation of
6,782 housing units within the 2021 to 2029 planning period. The development of new
housing would place additional demand on existing water resources.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential impacts due to groundwater supply and
management would be evaluated on a site-by-site basis and mitigation measures, if
necessary, would be implemented to reduce significant impacts. Additionally, all future
projects would be required to comply with applicable Federal, State, and local policies
9 Orange County, 2003 Drainage Area Management Plan (DAMP), available at:
https://cros.ocgov.com/gov/pw/watersheds/documents/damp/mapplan.asp
10 City of Tustin, Water Supply & Quality, available at https://www.tustinca.org/227/Water-
Supply-Quality
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and regulations established to minimize impacts due to groundwater supply and quality.
Therefore, the project would result in no impact.
b. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to
project inundation?
No Impact. The City of Tustin General Plan Conservation/Open Space/Recreation
Element identifies several geologic hazards that could impact the community. Figure
COSR-1 of the Conservation/Open Space/Recreation Element depicts the areas in the
community which require special planning considerations to avoid potential hazards.
Areas in southeast Tustin along Peters Canyon Wash/Channel are identified as being in
a 100-year flood plain. The western portion of Tustin, surrounding the DCCSP area, is
identified as 500-year flood plain. Several of the proposed RHNA housing sites overlap
identified hazard areas. Current Federal Emergency Management Agency (FEMA)
Federal Insurance Rate Maps (FIRM) maps that cover the city (panel 06059CO164J and
06059CO277J) identify majority of the city as within Zone X, areas of 0.2 percent annual
chance flood; areas of 1 percent chance flood with average depths of less than 1 foot or
with drainage areas less than 1 square mile, and areas protected by levees from 1 percent
annual chance flood.11 The city is eight miles inland of the Pacific Ocean and is not subject
to impacts due to tsunami. Additionally, the city and surrounding areas do not contain
nearby bodies that would subject future development to risk of seiche.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential impacts due to inundation would be
evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Additionally, all future projects would be
required to comply with applicable Federal, State, and local policies and regulations
established to minimize impacts due to project inundation. Therefore, the project would
result in no impact.
11 Federal Emergency Management Agency (2009), Federal Insurance Rate Maps
(Panels 06059CO164J and 06059CO277J ), available at:
https://msc.fema.gov/portal/home
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4.15 LAND USE AND PLANNING
Would the project: Potentiall Less Than Less No
y Significan Than Impact
Significan t with Signific
t Impact Mitigation ant
Incorporat Impact
ed
a) Physically divide an established ❑ ❑ ❑
community?
b) Cause a significant environmental ❑ ❑ ❑
impact due to a conflict with any land use
plan, policy, or regulation adopted for the
purpose of avoiding or mitigating an
environmental effect?
a — b. No Impact.
The Land Use Element of the General Plan contains a Land Use Plan which indicates
the types and intensities of land use permitted throughout the City. The Land Use
Element also establishes goals and policies that provide the framework for land use
planning and decision-making in the City.
The physical division of an established community could occur if a major road
(expressway or freeway, for example) were built through an existing community or
neighborhood, or if a major development was built which was inconsistent with the land
uses in the community such that it divided the community. The environmental effects
caused by such a facility or land use could include lack of, or disruption of, access to
services, schools, or shopping areas.
The HEU would not directly result in changes to land use or zoning designations. To
accommodate RHNA, the City has identified 20 sites that could be developed with
residential housing upon future project approvals. Development proposed as a result
of the HEU would be required to obtain City approval on a project-by-project basis for
any discretionary action. In addition, the City Zoning Code and map would be amended
to accommodate two of the sites proposed, Enderle Center and The Market Place, to
provide a housing overlay for the provision of residential development. Zoning would
be updated following adoption of the HEU. Potential impacts that could result from
proposed Zoning Code changes would be evaluated under a separate CEQA review
process.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels
proposed and zoned for mixed use development. Potential land use impacts would be
evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Measures that are required by underlying
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Specific Plan EIRs will be implemented. Additionally, all future projects would be
required to comply with applicable Federal, State, and local policies and regulations
established to reduce impacts to land use. Therefore, the project would result in no
impact.
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4.16 MINERAL RESOURCES
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
I ncorporat
ed
a) Result in the loss of availability of ❑ ❑ ❑
a known mineral resource that
would be of value to the region and
the residents of the state?
b) Result in the loss of availability of ❑ ❑ ❑
a locally-important mineral
resource recovery site delineated
on a local general plan, specific
plan or other land use plan?
a — b. No Impact.
The Conservation/Open Space/Recreation Element identifies one mineral resource within
the Tustin Planning Area known as Mercury-Barite in Red Hill. However, this resource is
not utilized. In addition, the 20 sites are not located within the mineral resource area and
future development would not affect the availability of Mercury-Barite. Future
development within the RHASP area could be located along Red Hill..
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential mineral resource impacts would be
evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Additionally, all future projects would be
required to comply with applicable Federal, State, and local policies and regulations
established to reduce impacts to mineral resources. Therefore, the project would result in
no impact
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4.17 NOISE
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
I ncorporat
ed
a) Generation of a substantial ❑ ❑ ❑
temporary or permanent increase in
ambient noise levels in the vicinity of
the project in excess of standards
established in the local general plan
or noise ordinance, or applicable
standards of other agencies?
b) Generation of excessive ground ❑ ❑ ❑
borne vibration or ground borne
noise levels?
c) For a project located within the ❑ ❑ ❑
vicinity of a private airstrip or an
airport land use plan or, where such
a plan has not been adopted, within
two miles of a public airport or public
use airport, would the project
expose people residing or working in
the project area to excessive noise
levels?
a — c. No Impact.
The City's Noise Ordinance (Ord No. 828) contained in Chapter 6 of the Tustin City Code
establishes exterior and interior noise standards that apply to all properties within
specified zones. The Noise Element of the General Plan outlines goals and policies to
reduce excessive noise in the City resulting from mobile sources and stationary sources.
The construction and operation of future development under the HEU would increase
noise levels in the City. Construction associated with future development would result in
the potential for temporary or periodic increases in noise levels and/or ground-borne
noise and vibration on or adjacent to the 20 RHNA sites. Future residential development
would also have the potential to increase noise levels long-term through increased
vehicular traffic or new stationary sources of noise. Future development would adhere to
the City's Noise Ordinance and General Plan Noise Element. In addition, future
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development within the 20 RHNA sites would undergo noise assessments that would be
analyzed on a project-by-project basis.
As discussed in Section 4.13, ALUC for Orange County has responsibility under state law
for formulating a comprehensive ALUP for the anticipated growth of each public use
airport and its surrounding vicinity. General Plans for cities affected by an ALUP must be
consistent with that plan. The purpose of the ALUP is to safeguard the general welfare of
the inhabitants within the vicinity of airports and to ensure the continued operation of the
airports. The ALUC for Orange County has adopted the AELUP governing John Wayne
Airport, AFRC Los Alamitos Fullerton Airport, and Heliports. Proposed RHNA sites
identified within the TLSP area are within the AELUP planning area and approximately
two miles northeast of John Wayne Airport.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential noise impacts would be evaluated on a
site-by-site basis and mitigation measures, if necessary, would be implemented to reduce
significant impacts. Measures that are required by underlying Specific Plan EIRs will be
implemented. Additionally, all future projects would be required to comply with applicable
Federal, State, and local policies and regulations established to reduce impacts to noise
levels. Therefore, the project would result in no impact.
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4.18 POPULATION AND HOUSING
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporat
ed
a) Induce substantial unplanned ❑ ❑ ❑
population growth in an area, either
directly (for example, by proposing
new homes and businesses) or
indirectly (for example, through
extension of roads or other
infrastructure)?
b) Displace substantial numbers of ❑ ❑ ❑
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
a — b. No Impact.
RHNA is mandated by State Housing Law as part of the periodic process of updating local
housing elements of the General Plan. RHNA quantifies the need for housing within each
jurisdiction during specified planning periods. SCAG is in the process of developing the
6th cycle RHNA allocation plan which will cover the planning period October 2021 through
October 2029. RHNA does not necessarily encourage or promote growth, but rather
allows communities to anticipate growth, so that collectively the region and subregion can
grow in ways that enhance quality of life, improve access to jobs, promotes transportation
mobility, and addresses social equity and fair share housing needs. Future development
that occurs upon implementation of the HEU would increase the population in the City.
However, the 20 designated sites are on underutilized parcels in an urban area that would
not necessitate the need for extension of roads or other infrastructure. In addition, future
development would be analyzed on a project-by-project basis.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential recreation impacts would be evaluated
on a site-by-site basis and mitigation measures, if necessary, would be implemented to
reduce significant impacts. Additionally, all future projects would be required to comply
with applicable Federal, State, and local policies and regulations established to reduce
impacts to public services. Therefore, the project would result in no impact.
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4.19 PUBLIC SERVICES
a) Would the project result in Potentially Less Than Less Than No Impact
substantial adverse physical Significant Significant Significant
impacts associated with the I m pact with I m pact
provision of new or physically Mitigation
altered governmental facilities, need Incorporat
for new or physically altered ed
governmental facilities, the
construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any of
the public services:
i. Fire protection? ❑ ❑ ❑
ii. Police protection? ❑ ❑ ❑
iii. Schools? ❑ ❑ ❑
iv. Parks? ❑ ❑ ❑ Fq
v. Other public facilities? ❑ ❑ ❑
a (i-v). No Impact.
The Tustin HEU provides a plan to accommodate the City's fair share of affordable
housing and identify and improve existing affordable housing. To accommodate the
RHNA allocation, the HEU proposes 20 sites to accommodate RHNA. The City Zoning
Code and map would be amended to accommodate two of the sites proposed, Enderle
Center and The Market Place, to provide a housing overlay for the provision of residential
development. Future development within the 20 designated RHNA sites would add new
housing in the City which would increase the demand on the City's public services
including fire and police protection, schools, parks, and libraries. However, potential
impacts to public services would be assessed on a project-by-project basis at the time
development was proposed and all development fees required by Section 9331 of the
Tustin City Code would ensure that public services would increase at the same rate as
development.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential public service impacts would be
evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Measures that are required by underlying
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Specific Plan EIRs will be implemented. Additionally, all future projects would be required
to comply with applicable Federal, State, and local policies and regulations established
to reduce impacts to public services. Therefore, the project would result in no impact.
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4.20 RECREATION
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporat
ed
a) Would the project increase the ❑ ❑ ❑
use of existing neighborhood and
regional parks or other
recreational facilities such that
substantial physical deterioration
of the facility would occur or be
accelerated?
b) Does the project include ❑ ❑ ❑
recreational facilities or require the
construction or expansion of
recreational facilities which might
have an adverse physical effect on
the environment?
a — b. No Impact.
In 2011 , the City had 113 acres of existing local and community parks, but needed an
additional 114 acres to serve its population based on a standard of three acres per
1 ,000 persons based on January 2011 City population of 75,781. 12 As discussed
previously, the project would not directly result in development; however,
implementation of the housing programs could facilitate additional housing
development in fulfillment of the City's RHNA allocation. Typically, residential
development increases the need for new parks and increases the use of existing
citywide park facilities. Potential impacts on the availability of open space land and
park and recreational facilities and recreation impacts would be evaluated through a
project-by-project basis and developers would be required to pay applicable
development fees required by Section 9331 of the Tustin City Code, which would
ensure a balanced system of public and private parks, recreation facilities, and open
spaces that serves the needs of existing and future residents.
12 City of Tustin General Plan Conservation/Open Space/Recreation Element, available
at https://www.tustinca.org/DocumentCenter/View/713/City-of-Tustin-General-Plan-
PDF?bidld=
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The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's
RHNA goals would be located on developed, underutilized sites or on vacant parcels
proposed and zoned for mixed use development. Potential recreation impacts would
be evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Additionally, all future projects would be
required to comply with applicable Federal, State, and local policies and regulations.
Therefore, the project would result in no impact.
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4.21 TRANSPORTATION
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporat
ed
a) Conflict with a program, plan, ❑ ❑ ❑
ordinance, or policy addressing the
circulation system, including transit,
roadway, bicycle, and pedestrian
facilities?
b) Conflict or be inconsistent with ❑ ❑ ❑
CEQA Guidelines § 15064.3,
subdivision (b)?
c) Substantially increase hazards ❑ ❑ ❑
due to a geometric design feature
(e.g., sharp curves or dangerous
intersections) or incompatible uses
(e.g., farm equipment)?
d) Result in inadequate emergency ❑ ❑ ❑
access?
a — d. No Impact.
The Circulation Element of the City's General Plan identifies goals and policies intended
to improve overall circulation in the City and address circulation issues. New residential
development would be expected to result in vehicular trips that would increase use of
streets for transportation purposes. Future development within the RHNA sites would
occur on underutilized properties within an urbanized area and would be consistent with
the City's Circulation Element. Potential traffic impacts related to increased transportation
associated with the HEU would be analyzed through a project-by-project basis. The City's
Traffic Engineer would require project-specific transportation analysis, if required. In
addition, the Orange County Fire Authority would ensure adequate emergency access is
provided during plan checks for future development within the 20 sites.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential project proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. The City's Zoning Code would be updated
following adoption of the HEU to include a housing overlay over The Market Place and
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Enderle Center RHNA housing sites, which would allow for the development of residential
in these areas. Potential impacts that could result from proposed Zoning Code changes
would be evaluated under a separate CEQA review process. The HEU would not directly
result in changes to land use or zoning designations that would generate additional
demand on the regional and local circulation systems; conflict with a program, plan,
ordinance, or policy addressing the circulation system; conflict with CEQA Guidelines
section 15064.3; increase hazards; or result in inadequate emergency access.
Potential transportation impacts under future development within proposed RHNA sites
would be evaluated on a site-by-site basis and mitigation measures, if necessary, would
be implemented to reduce significant impacts. Measures that are required by underlying
Specific Plan EIRs will be implemented. Additionally, all future projects would be required
to comply with applicable Federal, State, and local policies and regulations established
to reduce transportation impacts. Therefore, the project would result in no impact.
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4.22 TRIBAL CULTURAL RESOURCES
a) Would the project cause a substantial Potentiall Less Than Less No
adverse change in the significance of a y Significant Than Impact
tribal cultural resource, defined in Public Significa with Signific
Resources Code Section 21074 as either a nt Impact Mitigation ant
site, feature, place, cultural landscape that Incorporat Impact
is geographically defined in terms of the ed
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American tribe, and that
is:
i) Listed or eligible for listing in the ❑ ❑ ❑
California Register of Historical Resources,
or in a local register of historical resources
as defined in Public Resources Code
section 5020.1(k)?
ii) A resource determined by the lead ❑ ❑ ❑
agency, in its discretion and supported by
substantial evidence, to be significant
pursuant to criteria set forth in subdivision
(c) of Public Resources Code Section
5024.1 . In applying the criteria set forth in
subdivision (c) of Public Resource Code
Section 5024.1, the lead agency shall
consider the significance of the resource to
a California Native American tribe?
a (i-ii). No Impact.
The City currently has a local register of historic resources included in the Tustin Historic
Resources Survey which identifies over 400 sites of possible distinction and notable
recognition.13 The RHNA sites identified do not include sites listed in the Tustin Historic
Resources Survey. In addition, potential significant historic and cultural properties that
could be historic as defined in Public Resources Code section 5020.1 (k) would be
evaluated on a project-by-project basis. However, there is potential for resources to be
unearthed or discovered that are eligible for listing. Development proposed as a result of
the HEU would be required to obtain City approval on a project-by-project basis for any
13 Tustin Historic Resources Survey available at:
https://www.tustinca.org/1039/Resources
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discretionary action, such as approval of a grading permit, and undergo a separate CEQA
review process to assess potential environmental impacts. Under CEQA, consultation
with tribes would be conducted under AB 52. Additionally, a Sacred Lands search request
would be obtained from the Native American Heritage Commission (NAHC) as part of the
tribal consultation process. Appropriate measures would be put in place to protect or
relocate any identified resources.
Tribal cultural resources are sites, features, places, cultural landscapes, sacred places,
and objects with cultural value to a California Native American tribe that are either eligible
or listed in the California Register of Historical Resources or local register of historical
resources (Public Resources Code § 21074). As discussed above, development
proposed as a result of the HEU would be required to obtain City approval on a project-
by-project basis for any discretionary action, such as approval of a grading permit, and
undergo a separate CEQA review process to assess potential environmental impacts. In
order to determine whether any tribal cultural resources could be impacted by the
proposed project, California Native American tribes that are traditionally and culturally
affiliated with the project area would be contacted early in the CEQA process (Public
Resources Code § 21080.3.1), and consultation undertaken with those Native American
tribes that express an interest in engaging in consultation for this project. Appropriate
measures would be identified during consultation and put in place to protect or relocate
any identified resources.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential tribal cultural resource impacts would
be evaluated on a site-by-site basis and mitigation measures, if necessary, would be
implemented to reduce significant impacts. Measures that are required by underlying
Specific Plan EIRs will be implemented. Additionally, all future projects would be required
to comply with applicable Federal, State, and local policies and regulations established
to protect tribal cultural resources. Therefore, the project would result in no impact.
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4.23 UTILITIES AND SERVICE SYSTEMS
Would the project: Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
I ncorporat
ed
a) Require or result in the relocation or ❑ ❑ ❑
construction of new or expanded
water, wastewater treatment,
stormwater drainage, electric power,
natural gas, or telecommunications
facilities, the construction or
relocation of which could cause
significant environmental effects?
b) Have sufficient water supplies ❑ ❑ ❑
available to serve the project and
reasonably foreseeable future
development during normal, dry and
multiple dry years?
c) Result in a determination by the ❑ ❑ ❑
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project's projected demand in addition
to the provider's existing
commitments?
d) Generate solid waste in excess of ❑ ❑ ❑
state or local standards, or in excess
of the capacity of local infrastructure,
or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, state, and ❑ ❑ ❑
local management and reduction
statutes and regulations related to
solid waste?
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a — e. No Impact.
Implementation of the housing programs would facilitate housing development to meet
the City's RHNA allocation. The proposed RHNA sites identified for future housing
development are primarily infill locations surrounded by roadways that contain utility
infrastructure adjacent to existing development that is served by these utilities service
systems and have been planned for urban uses.
Implementation of the housing programs would facilitate housing development to meet
the City's RHNA allocation of 6,782 housing units. Development of housing would require
additional potable water resources to operate. The City of Tustin UWMP projects a
demand of 9,898-acre feet (AF) by 2045 and a supply of 9,898 AF.14 Additionally, the
UWMP includes a contingency plan and supply assessment for dry year(s). The proposed
16 of the 20 proposed RHNA sites have been previously analyzed under adopted Specific
Plans which are included in the City's UWMP projections. The East Orange County Water
District and Irvine Ranch Water District would provide wastewater collection to the
proposed RHNA sites. The City contracts for residential refuse collection and solid waste
materials are transported to a Materials Recovery Facility where it is sorted for
recyclables. The County of Orange owns and operates the Frank R. Bowerman Sanitary
Landfill, located at 11002 Bee Canyon Access Road in Irvine, which serves Tustin.
The Resource Conservation and Recovery Act of 1976 (United States Code Title 42,
Section 6901 et seq.) governs the creation, storage, transport, and disposal of hazardous
wastes and operators of hazardous waste disposal sites.
AB 939, the Integrated Waste Management Act of 1989 (California Public Resources
Code Section 40000 et seq.) requires all local governments to develop source reduction,
reuse, recycling, and composting programs to reduce tonnage of solid waste going to
landfills. Cities must divert at least 50 percent of their solid waste generation into
recycling. Compliance with AB 939 is measured for each jurisdiction, in part, as actual
disposal amounts compared to target disposal amounts. Actual disposal amounts at or
below target amounts comply with AB 939. The City must comply with State law to reduce
solid waste generation, promote reuse and require solid waste collection for recycling and
composting.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. Potential utilities impacts would be evaluated on
a site-by-site basis and mitigation measures, if necessary, would be implemented to
reduce significant impacts. Additionally, all future projects would be required to comply
with applicable Federal, State, and local policies and regulations established related to
utilities. Therefore, the project would result in no impact.
14 Available at https://www.tustinca.org/DocumentCenter/View/5138/Tustin-2020-UWMP
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4.24 WILDFIRE
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
If located in or near state responsibility areas or Mitigation
lands classified as very high fire hazard severity Incorporat
zones, would the project: ed
a) Substantially impair an adopted emergency ❑ ❑ ❑
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors, ❑ ❑ ❑
exacerbate wildfire risks, and thereby expose
project occupants to pollutant concentrations from a
wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of ❑ ❑ ❑
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks, ❑ ❑ ❑
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
a — d. No Impact.
According to the CalFire Fire Hazard Severity Zone Map, the City of Tustin contains very
high fire severity zones in the northeast portion of the City15. The proposed RHNA sites
are not located within a fire hazard zone. In addition, the sites and areas adjacent to the
sites are urbanized and do not contain hillsides or other factors that could exacerbate
wildfire risks.
As discussed previously, the City of Tustin General Plan Conservation/Open
Space/Recreation Element identifies several geologic hazards that could impact the
community. Figure COSR-1 of the Conservation/Open Space/Recreation Element
depicts the areas in the community which require special planning considerations to avoid
potential hazards. Areas in southeast Tustin along Peters Canyon Wash/Channel are
identified as being in a 100-year flood plain. The western portion of Tustin, surrounding
the DCCSP area, is identified as 500-year flood plain. Several of the proposed RHNA
housing sites overlap identified hazard areas. Current Federal Emergency Management
Agency (FEMA) Federal Insurance Rate Maps (FIRM) maps that cover the city (panel
15 Cal Fire Hazard Severity Zone Viewer https://egis.fire.ca.gov/FHSZ/
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06059CO164J and 06059CO277J) identify majority of the city as within Zone X, areas of
0.2 percent annual chance flood; areas of 1 percent chance flood with average depths of
less than 1 foot or with drainage areas less than 1 square mile, and areas protected by
levees from 1 percent annual chance flood.16
As previously mentioned, the City adopted an Emergency Operations Plan. The plan
outlines operational duties and procedures for various positions. Additionally, the City's
Safety Element, as contained within the City of Tustin General Plan, includes policies and
procedures to be administered in the event of a disaster.17 The Safety Plan seeks
interdepartmental and inter-jurisdictional coordination and collaboration to be prepared
for, respond to and recover from every day and disaster emergencies. All projects in the
city would be require to be consistent with both emergency planning documents.
Additionally, new residential uses in the city are required to include all fire related safety
features pursuant to the California Fire Code, which is included in the Tustin City Code
as Section 8104. The City's Building Department and the Fire Department would review
the building plans prior to approval to ensure that all applicable fire safety features are
included in each development project.
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA,
and associated infrastructure improvements, would be located on developed,
underutilized sites or on vacant parcels proposed and zoned for mixed use development.
Potential wildfire impacts would be evaluated on a site-by-site basis and mitigation
measures, if necessary, would be implemented to reduce significant impacts. Additionally,
all future projects would be required to comply with applicable Federal, State, and local
policies and regulations established related to wildfire hazards. Therefore, the project
would result in no impact.
16 Federal Emergency Management Agency (2009), Federal Insurance Rate Maps
(Panels 06059CO164J and 06059CO277J ), available at:
https://msc.fema.gov/portal/home
17 General Plan Safety Element (2017) available at:
https://www.tustinca.org/DocumentCe nter/View/713/City-of-Tustin-Genera l-PIan-
PDF?bidld=
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4.25 MANDATORY FINDINGS OF SIGNIFICANCE
Potentially Less Than Less Than No Impact
Significant Significant Significant
Impact with Impact
Mitigation
Incorporat
ed
a) Does the project have the potential to ❑ ❑ ❑
substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a
plant or animal community, substantially reduce the
number or restrict the range of a rare or endangered
plant or animal or eliminate important examples of
the major periods of California history or prehistory?
b) Does the project have impacts that are ❑ ❑ ❑
individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)?
c) Does the project have environmental effects ❑ ❑ ❑
which will cause substantial adverse effects on
human beings, either directly or indirectly?
a. Does the project have the potential to substantially degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, substantially reduce the
number or restrict the range of a rare or endangered plant or animal or
eliminate important examples of the major periods of California history or
prehistory?
No Impact. As discussed in Section 4.8, the City's Conservation/Open Space/Recreation
Element of the General Plan Identifies areas as "important natural resources" within
Figure COSR-2. Since the natural resource areas have been designated, new
development has occurred throughout the city. Areas identified as important natural
resources are located at the northern and southern ends of the city. Natural resources to
the north include open space areas, Lower Peters Canyon Retarding Basin, Eucalyptus
Windrow, and Redwood Grove. This area also includes Coastal Sage Scrub habitat. The
natural habitats to the north support sensitive or endangered species such as the
California Black-tailed Gnatcatcher, the San Diego Cactus Wren, and the San Diego
Coast Horned Lizard. Within southern Tustin, agricultural land is identified as an important
natural resource based on the CDOC's previous designation of the land as important
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farmland. However, the area has since been adopted into a specific plan (TLSP) and is
no longer utilized for agricultural purposes.
Additionally, Peters Canyon is a predominant riparian feature within the city. Several
mitigation measures were adopted for Peters Canyon as part of the ETSP. These
mitigation measures continue to reflect City policy. For several years, the Lower Peters
Canyon Retarding Basin contained a small riparian habitat.18 This habitat has severely
deteriorated in recent years. The City works with the County of Orange, which recently
constructed a replacement dam, to preserve the riparian area and implement active
measures to increase water supply to restore the habitat area.
As discussed in Section 4.9, the City of Tustin contains several designated historic
resources and resources of historic age that could be eligible for designation. Tustin's
historic preservation program was established by Tustin City Code Section 9252 "Cultural
Resources District," and is supported by Residential Design Guidelines and Commercial
Design Guidelines established by the City. It is also supported by the Secretary of
Interior's Standards for the Treatment of Historical Properties.19 Together, these
documents establish criteria and procedures for the designation, preservation and
maintenance of cultural resources throughout the City of Tustin.
The City's Conservation/Open Space/Recreation Element of the General Plan Figure
COSR-2 identifies areas sensitive to cultural resources. The City has very detailed
standards and requirements for grading that are designed to protect sensitive
topographic, soil, paleontologic, and archaeologic resources. The Tustin Grading Manual
prescribes appropriate measures to protect the earth by controlling erosion,
sedimentation, and storm damage. Proper grading, soil management, and open space
standards will work to preserve these resources. Sensitive locations are identified, and
their preservation is a high priority for the City during any project review. As new resources
are identified in the City, they will be documented as features or resources the City desires
to preserve. As per the City's General Plan, a records search will be performed prior to
any development. If no record of resources exists, a field survey will be performed. Any
proposed project which is located within a sensitive area as defined by Figure COSR-2,
The HEU is a policy document, and its adoption would not, in itself, produce
environmental impacts. Future residential projects proposed to achieve the City's RHNA
goals would be located on developed, underutilized sites or on vacant parcels proposed
and zoned for mixed use development. One RHNA site is located in the ETSP; however,
the site is currently developed and is outside of areas containing sensitive biological
habitat. Potential biological and cultural resource impacts would be evaluated on a site-
by-site basis and mitigation measures, if necessary, would be implemented to reduce
18 City of Tustin General Plan Conservation/Open Space/Recreation Element, available
at https://www.tustinca.org/DocumentCe nter/View/713/City-of-Tustin-Genera l-Plar.
PDF?bidld=
19 Tustin Residential Design Guidelines and Commercial Design Guidelines available at
https://www.tustinca.org/1039/Resources
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significant impacts. Additionally, all future projects would be required to comply with
applicable Federal, State, and local policies and regulations established to protect
biological species and cultural resources. Therefore, the project would result in no impact.
b. Does the project have impacts that are individually limited, but cumulatively
considerable? ("Cumulatively considerable" means that the incremental
effects of a project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects
of probable future projects)?
Less Than Significant Impact. Cumulative impacts are defined as two or more individual
effects that, when considered together, are considerable or that compound or increase
other environmental impacts. The cumulative impact from several projects is the change
in the environment that results from the incremental impact of the development when
added to the impacts of other closely related past, present, and reasonably foreseeable
or probable future developments. Cumulative impacts can result from individually minor,
but collectively significant, developments taking place over a period. The CEQA
Guidelines, Section 15130 (a) and (b), states:
a. Cumulative impacts shall be discussed when the project's incremental effect is
cumulatively considerable.
b. The discussion of cumulative impacts shall reflect the severity of the impacts and
their likelihood of occurrence, but the discussion need not provide as great detail
as is provided of the effects attributable to the project. The discussion should be
guided by the standards of practicality and reasonableness.
The HEU proposes several program changes to comply with State law, as well as
proposed housing sites to accommodate RHNA's quantified objective administered to the
City for the 2021-2029 planning cycle. The HEU also provides for the continuation of the
preexisting policies and programs that were adopted in the 2014-2021 Housing Element.
The HEU would not directly result in changes to land use or zoning designations that
would place housing within an area of potential exposure to hazardous materials. The
City's Zoning Code would be updated following adoption of the HEU to include a housing
overlay over The Market Place and Enderle Center RHNA housing sites, which would
allow for the development of residential in these areas. Potential impacts that could result
from proposed Zoning Code changes would be evaluated under a separate CEQA review
process. Furthermore, mitigation measures that are required by underlying Specific Plan
EIRs would be implemented as development is proposed. Therefore, the project would
have no impact.
c. Does the project have environmental effects which will cause substantial
adverse effects on human beings, either directly or indirectly?
Less Than Significant Impact. The HEU is a policy document, and its adoption would
not, in itself, produce environmental impacts. No actual development or rezoning is
proposed as part of the HEU. The HEU would not directly result in changes to land use
or zoning designations that would place housing within an area of potential exposure to
hazardous materials. The City's Zoning Code would be updated following adoption of the
HEU to include a housing overlay over The Market Place and Enderle Center RHNA
housing sites, which would allow for the development of residential in these areas.
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Potential impacts that could result from proposed Zoning Code changes would be
evaluated under a separate CEQA review process. Development proposed as a result of
the HEU would also be required to obtain City approval on a project-by-project basis for
any discretionary action, such as approval of a grading permit, and undergo a separate
environmental process to assess potential environmental impacts. Furthermore,
mitigation measures that are required by underlying Specific Plan EIRs would be
implemented as development is proposed. Therefore, the project would have no impact.
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End of document.
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