HomeMy WebLinkAbout08 APPROVE PLANS AND SPECS FOR THE ALLEY GROVE PROMENADEAGENDA REPORT
MEETING DATE: NOVEMBER 15, 2022
TO: MATTHEW S. WEST, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT AND ECONOMIC DEVELOPMENT DEPARTMENT
SUBJECT: APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE
ADVERTISEMENT FOR BIDS FOR THE ALLEY GROVE PROMENADE
PROJECT, CIP 20084
SUMMARY
The plans and specifications for the Alley Grove Promenade, CIP No. 20084, have been substantially
completed pending final approval by the City Engineer.
RECOMMENDATION
It is recommended that the City Council:
1.Appropriate $500,000 from Land Sale Proceeds Fund (Fund 189);
2.Adopt Resolution No. 22-56 approving the plans and specifications for the Alley Grove
Promenade, CIP No. 20084; and
3.Authorize the City Clerk to advertise to receive bids, subject to the approval by the City
Engineer.
FISCAL IMPACT
The FY 2022-23 Capital Improvement Program budget includes $2,500,000 for construction of the
Alley Grove Promenade. The project is funded with $2,180,000 from the MCAS Backbone
Infrastructure Fee Fund (Fund 187) and $320,000 from the Land Sale Proceeds Fund (Fund 189).
The engineer’s estimated construction cost is $2.7 million, which has increased from an initial
preliminary cost at the concept stage to the current construction document stage due to 1) additional
refinement of the plans, 2) the addition of a new recreation area, and 3) inflationary escalations in
material and labor costs. To fully fund the project and ensure conservative project contingency, staff
is requesting an additional $500,000 appropriation from the Land Sale Proceeds Fund (Fund 189)
for this project in the Capital Improvement Program (CIP) budget for a total estimated construction
cost of $3,000,000, which includes a 10% construction contingency.
CORRELATION TO THE STRATEGIC PLAN
The Alley Grove Promenade project contributes to the fulfillment of the City’s Strategy Plan Goal A:
Economic and Neighborhood Development. Specifically, the project implementation of Strategy 1,
which among other items, is to develop critical phases of Tustin Legacy and Strategy 8, create
linkages between parts of the community through a variety of means, such as bike lanes and
greenbelts.
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Agenda Item 8
Reviewed:
City Manager ______
Finance Director
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Alley Grove Promenade, CIP No 20084
November 15, 2022
Page 2
DISCUSSION AND BACKGROUND
The Alley Grove Promenade project is an approximately 2.8-acre open space pedestrian
walkway/multimodal connection from Armstrong Avenue to Tustin Ranch Road through
Neighborhood D South at Tustin Legacy. It will link the Flight office campus to the District shopping
center and also serve as a buffer between vacant property and The Landing residential project
consisting of 400 homes currently under construction. The Alley Grove Promenade is named to
reflect the landscape theme of the in-line stands of canopy trees that will grow perpendicular to the
promenade pathway reminiscent of a grove.
The promenade will be lined with townhomes and flats on the adjacent Landing development and
serve as both a pedestrian walkway and a passive shaded respite area with site furniture and
enhanced landscaping. The project will also include a day-use only active sports court area with two
pickle ball courts, half-court basketball and a bocce ball court at the corner of Armstrong Avenue and
Flight Way.
The tentative schedule for construction of this project is as follows:
• Authorization to Advertise for Bids ...................................................... 11/15/2022
• First Legal Advertisement .................................................................... 01/05/2023
• Second Legal Advertisement .............................................................. 01/12/2023
• Tentative Bid Opening ......................................................................... 02/07/2023
• Tentative Award of Contract ................................................................ 03/07/2023
• Tentative Start Construction ................................................................. April 2023
• Estimated Completion of Construction ........................................ December 2023
Douglas S. Stack, P.E. Christopher Koster
Director of Public Works/City Engineer Director of Economic Development
Attachment(s):
1. Resolution No. 22-56
2. Location Map
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ATTACHMENT 1
Resolution No. 22-56
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Resolution 22-56
Page 1 of 3
RESOLUTION NO. 22-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, FINDING THAT THE FINAL JOINT
ENVIRONMENTAL IMPACT STATEMENT/ENVIRONMENTAL
IMPACT REPORT (MCAS TUSTIN FEIS/EIR), AS AMENDED BY
SUPPLEMENT AND ADDENDUMS, IS ADEQUATE TO SERVE
AS THE PROJECT ENVIRONMENTAL DOCUMENT FOR THE
PROPOSED ALLEY GROVE PROMENADE PROJECT (CIP
20084), AN APPROXIMATELY 2.8-ACRE ENHANCED
WALKWAY PROMENADE LOCATED WITHIN PLANNNG AREAS
8, 13, AND 14 OF NEIGHBORHOOD D, TUSTIN LEGACY
SPECIFIC PLAN AND APPROVING PLANS AND
SPECIFICATIONS FOR THE ALLEY GROVE PROMENADE
PROJECT, CIP NO. 20084, AND AUTHORIZING
ADVERTISEMENT FOR BIDS
WHEREAS, the project would include an enhanced walkway promenade, located within
an approximate 2.8-acre area, within the Tustin Legacy Specific Plan boundaries and is located
south of Flight Way between Armstrong Avenue and Compass Avenue in Lot 1 of Tract No. 18197
within Planning Areas 8, 13, and 14 of Neighborhood D, Tustin Legacy Specific Plan.
WHEREAS, the enhanced walkway promenade is adjacent to The Landing housing
development and will be lined with townhomes and flats and serve as both a pedestrian walkway
and a passive shaded respite area with site furniture and enhanced landscaping and will also
include a day-use only active sports court area with two pickle ball courts, half-court basketball
and a bocce ball court at the corner of Armstrong Avenue and Flight Way.
WHEREAS, it is the intention of the City Council of the City of Tustin, California to contract
for the construction of the Alley Grove Promenade Project, CIP No. 20084; and
WHEREAS, the City Engineer has presented plans and specifications for the construction
of said work; and
WHEREAS, on January 16, 2001, the City of Tustin certified the Program Final
Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and
disposal of Marine Corps Air Station (MCAS) Tustin. On December 6, 2004, the City of 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 2001 FEIS/EIR document, the
supplements, and addenda are collectively referred to herein as 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; and
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Resolution 22-56
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WHEREAS, an environmental checklist was prepared for the proposed project, Exhibit A,
that concluded no substantial change is expected from the analysis previously completed in the
approved FEIS/EIR for MCAS Tustin and none of the conditions identified in CEQA Guidelines
Section 15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with regard to
utilities and service systems. Specifically, there have not been: (1) changes to the Project that
require major revisions of the previous FEIS/EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified effects; (2)
substantial changes with respect to the circumstances under which the Project is undertaken that
require major revisions of the previous FEIS/EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified effects; or
(3) the availability of new information of substantial importance relating to significant effects or
mitigation measures or alternatives that were not known and could not have been known when
the FEIS/EIR, the Supplements or Addendums were certified as completed; and
WHEREAS, a Mitigation and Monitoring and Reporting Program and Findings of
Overriding Considerations were adopted for the FEIS/EIR and shall apply to the Project, as
applicable.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds that the project
is within the scope of the previously approved Program FEIS/ FEIR and that pursuant to Title 14
California Code of Regulations Sections 15162 and 15168, no new effects could occur and no
new mitigation measures would be required. Accordingly, no new environmental document is
required by CEQA.
BE IT FURTHER RESOLVED that that the plans and specifications presented by the City
Engineer are hereby approved as the plans and specifications for:
Alley Grove Promenade Project
CIP No. 20084
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
advertise as required by law for the receipt of sealed bids or proposals for the performance of the
work specified in the aforesaid plans and specifications;
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Resolution 22-56
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin
held on the 15th day of November, 2022.
AUSTIN LUMBARD
Mayor
ATTEST:
______________________
ERICA N. YASUDA,
City Clerk
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 is
five; that the above and foregoing Resolution No. 22-56 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 15th day of November,
2022 by the following vote:
COUNCILMEMBER AYES: _________________________________
COUNCILMEMBER NOES: _________________________________
COUNCILMEMBER ABSTAINED: _________________________________
COUNCILMEMBER ABSENT: _________________________________
____________________________
ERICA N. YASUDA,
City Clerk
Exhibit A – Environmental Checklist
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RESOLUTION NO. 22-56
EXHIBIT A
ENVIRONMENTAL CHECKLIST
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Appendix G (Environmental Checklist Form)
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714)573-3100
ENVIRONMENTAL ANALYSIS CHECKLIST
For Projects with Previously Certified/Approved Environmental Documents:
Environmental Impact Statement/Environmental Impact Report (EIS/EIR)
for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin
The following checklist takes into consideration the preparation of an environmental document or documents
prepared at an earlier stage of the proposed project. This checklist evaluates the adequacy of the earlier
document(s) pursuant to Section 15162 and 15168 of the California Environmental Quality Act (CEQA)
Guidelines.
A.BACKGROUND
Project Title: Tustin Legacy Neighborhood “D” South Alley Grove Promenade
Lead Agency: City of Tustin
300 Centennial Way
Tustin, California 92780
Lead Agency Contact Person: Irma Huitron, Assistant Director Community Development
Department – Planning
Phone: (714)573-3035
Project Location: The project site is located within the Tustin Legacy Specific Plan
boundaries and is located south of Flight Way between Armstrong
Avenue and Compass Avenue in Lot 1 of Tract No. 18197 within
Planning Areas 8, 13, and 14 of Neighborhood D, Tustin Legacy
Specific Plan.
Project Sponsor’s Name and Address: City of Tustin
300 Centennial Way
Tustin, CA 92780
General Plan Land Use Designation: Tustin Legacy Specific Plan
Zoning Designation: Tustin Legacy Specific Plan
Project Description: The proposed project consists of the construction and operation of
an enhanced walkway promenade with landscape, hardscape and
picnic areas; it includes a half-court basketball court, 2 pickle-ball
courts and a bocce ball court. No above ground structure other
than fencing is proposed.
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Surrounding Land Uses and Setting: North: Vacant land & Residential East: Residential
South: Vacant land West: Vacant land
Previous Environmental Documentation: On January 16, 2001, the City of Tustin certified the program Final
Environmental Impact Statement/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 2001 FEIS/EIR document, the supplements, and addenda are collectively referred to herein as
the “FEIS/EIR.” The FEIS/EIR, along with its addendums and supplements, is a program EIR under the
California Environmental Quality Act (CEQA). The FEIS/EIR, addendums and supplements considered the
potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin.
Other public agencies whose approval is required:
Orange County Fire Authority City of Santa Ana
Orange County EMA District City of Irvine
South Coast Air Quality Management Other
Orange County Health Care Agency
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B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Biological Resources
Greenhouse Gas Emissions
Land Use / Planning
Population / Housing
Transportation/Traffic
Mandatory Findings of
Significance
Agriculture and Forestry
Resources
Cultural Resources
Energy
Hazards & Hazardous
Materials
Mineral Resources
Public Services
Tribal Cultural Resources
Air Quality
Geology /Soils
Hydrology / Water Quality
Noise
Recreation
Utilities / Service Systems
Wildfire
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.
I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet
have been added to the project. A NEGATIVE DECLARATION will be prepared.
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 significant effect(s) on the environment, but at least one
effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards,
and 2) has been addressed by mitigation measures based on the earlier analysis as described on
attached sheets, if the effect is a “Potentially Significant Impact” or “Potentially Significant Unless
Mitigated.” An ENVIRONMENTAL 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, there WILL
NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed
adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
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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 all potentially significant effects 1) have been analyzed
adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have
been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project.
Preparer: Date:
Irma Huitron
Assistant Director of Community Development - Planning
Date
Justina Willkom
Community Development Director
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Appendix G (Environmental Checklist Form)
C. EVALUATION OF ENVIRONMENTAL IMPACTS: See Attached.
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 off-site 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: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less
Than 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 Analyses,"
as described in (5) below, may be cross-referenced).
5) Earlier analyses 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. 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 explanation of each issue should identify:
a. the significance criteria or threshold, if any, 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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D. INITIAL STUDY
Issues: Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
No Change
From
Previous
Analysis
I. AESTHETICS.
Except as provided in Public Resources Code Section
21099.
Would the project:
a) Have a substantial adverse
effect on a scenic vista?
b) Substantially damage scenic
resources, including, but not
limited to, trees, rocks
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 surrounding’s? (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?
II. AGRICULTURE AND FOREST RESOURCES.
In determining whether impacts to agricultural
resources are significant environmental effects,
lead agencies may refer to the California
Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the
California Dept. of Conservation as an optional
model to use in assessing impacts on agriculture
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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 forest carbon measurement
methodology provided in Forest Protocols
adopted by the California Air Resources Board.
Issues: Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
No Change
From
Previous
Analysis
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?
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Issues: Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
No
Change
From
Previous
Analysis
III. AIR QUALITY.
Where available, the significance criteria
established by the applicable air quality
management or air pollution control district
may be relied upon to make the following
determinations.
Would the project:
a) Conflict with or obstruct
implementation of the
applicable air quality plan?
b) 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?
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Issues: Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
No Change
From Previous
Analysis
IV. BIOLOGICAL RESOURCES.
Would the project:
a) Have a substantial adverse effect,
either directly or through habitat
modifications, on any species
identified as a candidate, sensitive, or
special status species in local or
regional plans, policies, or regulations,
or by the California Department of
Fish and Game or U.S. Fish and
Wildlife Service?
b) Have a substantial adverse effect on
any riparian habitat or other sensitive
natural community identified in local or
regional plans, policies, regulations, or
by the California Department of Fish
and Game or U.S. Fish and Wildlife
Service?
c) Have a substantial adverse effect on
federally protected wetlands as
defined by Section 404 of the Clean
Water Act (including, but not limited
to, marsh, vernal pool, coastal, etc.)
through direct removal, filling,
hydrological interruption, or other
means?
d) 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?
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Issues: Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
No Change
From Previous
Analysis
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?
V. CULTURAL RESOURCES.
Would the project:
a) Cause a substantial adverse change
in the significance of a historical
resource as defined in § 15064.5?
b) Cause a substantial adverse change
in the significance of an
archaeological resource pursuant to
§ 15064.5?
c) Directly or indirectly destroy a
unique paleontological resource or
site or unique geologic feature?
d) Disturb any human remains,
including those interred outside of
dedicated cemeteries?
VI. ENERGY
Would the project:
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?
VII. GEOLOGY AND SOILS.
Would the project:
a) Directly or indirectly cause
potential substantial adverse
effects, including the risk of loss,
injury, or death involving:
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Issues: Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
No Change
From
Previous
Analysis
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 off-
site landslide, lateral
spreading, subsidence,
liquefaction or collapse?
d) Be located on expansive soil,
as defined in Table 18-1-B of
the Uniform Building Code
(1994), creating substantial
risks to life or property?
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Issues: Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
No Change
From
Previous
Analysis
e) Have soils incapable of
adequately supporting the
use of septic tanks or
alternative waste water
disposal systems where
sewers are not available for
the disposal of waste water?
f) Directly or indirectly destroy
a unique paleontological
resource or site or unique
geological feature?
VIII. GREENHOUSE GAS EMISSIONS.
Would the project:
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?
IX. HAZARDS AND HAZARDOUS
MATERIALS.
Would the project:
a) Create a significant hazard to the
public or the environment through
the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials
into the environment?
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Issues: Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
No Change
From
Previous
Analysis
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.
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?
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Issues: Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
No Change
From
Previous
Analysis
X. HYDROLOGY AND WATER QUALITY.
Would the project:
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;
iii. Create or contribute runoff
water which would exceed
the capacity or 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?
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Issues: Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
No Change
From
Previous
Analysis
e) Conflict with or obstruct implantation
of a water quality control plan or
sustainable groundwater
management plan?
XI. LAND USE AND PLANNING.
Would the project:
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?
XII. MINERAL RESOURCES.
Would the project:
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?
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Issues: Potentially
Significant
Impact
Less Than
Significant With
Mitigation
Incorporated
No Change
From
Previous
Analysis
XIII. NOISE.
Would the project result in:
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
groundborne vibration or
groundborne noise levels?
c) 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
expose people residing or
working in the project area to
excessive noise levels?
XIV. POPULATION AND HOUSING.
Would the project:
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
road or other infrastructure)?
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Issues: Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
No Change
From Previous
Analysis
b) Displace substantial numbers of
existing housing, necessitating
the construction of replacement
housing elsewhere?
XV. PUBLIC SERVICES.
Would the project:
a) Result in substantial adverse
physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new
or physically altered governmental
facilities, the construction of which
could cause significant
environmental impacts, in order to
maintain acceptable service ratios,
response times or other performance
objectives for any of the public
services:
i. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
v. Other public facilities?
XVI. RECREATION.
Would the project:
a) 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?
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Issues: Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
No Change
From Previous
Analysis
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?
XVII. TRANSPORTATION
Would the project:
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?
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Issues: Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
No Change
From Previous
Analysis
XVIII. TRIBAL CULTURAL RESOURCES.
Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
section 21074 as either a site, feature, place,
cultural landscape that is geographically defined
in terms of the size and scope of the landscape,
sacred place, or object with cultural value to a
California Native American tribe, and that is:
a) Listed or is 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).
b) 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
Resources Code section 5024.1,
the lead agency shall consider the
significance of the resource to a
California Native American tribe.
XIX. UTILITIES AND SERVICE SYSTEMS.
Would the project:
a. Require or result in the relocation or construction
of new or expanded water, wastewater treatment
or storm water drainage, electric power, natural
gas, or telecommunications facilities, the
construction or relocation of which could cause
significant environmental effects?
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Issues: Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
No Change
From Previous
Analysis
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 waste water
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?
XIX. WILDFIRE
If located in or near state responsibility area or lands
classified as very high fire hazard severity zones.
Would the project:
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?
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Issues: Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
No Change
From Previous
Analysis
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?
XXI. MANDATORY FINDINGS OF SIGNIFICANCE.
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?
Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4, Gov.
Code; Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.05, 21083.3, 21093, 21094, 21095, and
21151, Public Resources Code; Sundstrom v. County of Mendocino, (1988) 202 Cal.App.3d 296; Leonoff v.
Monterey Board of Supervisors, (1990) 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City of
Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004)
116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco
(2002) 102 Cal.App.4th 656.
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EVALUATION OF ENVIRONMENTAL IMPACTS
TUSTIN LEGACY NEIGHBORHOOD “D” SOUTH
ALLEY GROVE PROMENADE
PREVIOUS ENVIRONMENTAL DOCUMENTATION
On January 16, 2001, the City of Tustin certified the Program Final Environmental Impact
Statement/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. 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 in conjunction
with Specific Plan Amendment 2016-01 (Ordinance 1482) for the Tustin Legacy Specific Plan
(formerly MCAS Tustin Specific Plan). The FEIS/EIR, along with its addendums and
supplements, is a program EIR under the California Environmental Quality Act (CEQA). The
FEIS/EIR, Addendums and Supplements considered the potential environmental impacts
associated with development on the former Marine Corps Air Station, Tustin. The FEIS/EIR along
with its Addendums and Supplements is a program EIR under the California Environmental Quality
Act (CEQA). The FEIS/EIR, Addendums and Supplements considered the potential environmental
impacts associated with development on the former Marine Corps Air Station, Tustin.
The FEIS/EIR, Addendums and Supplements analyzed the environmental consequences of the
Navy disposal and local community reuse of the MCAS Tustin site per the Reuse Plan and the
Tustin Legacy Specific Plan (referred to in this document as the Specific Plan). The CEQA
analysis also analyzed the environmental impacts of certain “Implementation Actions” that the
City of Tustin and City of Irvine must take to implement the Tustin Legacy Specific Plan.
The Tustin Legacy Specific Plan proposed and the FEIS/EIR analyzed a multi-year development
period for the planned urban reuse project (Tustin Legacy). When individual discretionary
activities within the Specific Plan are proposed, the lead agency is required to examine the
individual activities to determine if their effects were fully analyzed in the FEIS/EIR. The agency
can approve the activities as being within the scope of the project covered by the FEIS/EIR. If the
agency finds that pursuant to Sections 15162, 15163, 15164, and 15183 of the CEQA Guidelines
no new effects would occur, nor would a substantial increase in the severity of previously identified
significant effects occur, then no supplemental or subsequent EIR is required.
PROJECT LOCATION
The project site is located within the Tustin Legacy Specific Plan boundaries and is located south
of Flight Way between Armstrong Avenue and Compass Avenue in Lot 1 of Tract No. 18197 within
Planning Areas 8, 13, and 14 of Neighborhood D, Tustin Legacy Specific Plan.
PROJECT DESCRIPTION
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball court,
2 pickle-ball courts and a bocce ball court. No above ground structure other than fencing is
proposed.
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EVALUATION OF ENVIRONMENTAL IMPACTS
An Environmental Analysis Checklist has been completed and it has been determined that this
Project is within the scope of the Prior Environmental Review and that pursuant to Public
Resources Code Section 21166 and Title 14 California Code of Regulations Sections 15162 and
15168(c), there are no substantial changes in the project requiring major revisions to the Prior
Environmental Review, no substantial changes with respect to the circumstances under which the
project is being undertaken which will require major revisions to the Prior Environmental Review,
or any new information which was not known and could not have been known at the time the Prior
Environmental Review was certified showing that: (1) the project will have any new significant
effects; (2) significant effects previously examined will be substantially more severe; (3) mitigation
measures or alternatives previously determined to be infeasible will now be feasible and would
substantially reduce one or more significant effects of the project but the City declined to adopt
the mitigation measure or alternative; or (4) mitigation measures or alternatives considerably
different from those previously analyzed would substantially reduce one or more significant effects
on the environment, but the City declined to adopt the mitigation measure or alternative.
Accordingly, no new environmental document is required by CEQA.
The following information provides background support for the conclusions identified in the
Environmental Analysis Checklist.
I. AESTHETICS – Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or quality of the site and its
surroundings?
d) Create a new source of substantial light or glare, which would adversely affect
day or nighttime views in the area?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half -court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
There are no designated scenic vistas in the project area; therefore, the proposed project
would not result in a substantial adverse effect on a scenic vista. The development of
pedestrian paseos within Planning Areas 8, 13, and 14 were considered within the FEIS/EIR
and will have no negative aesthetic effect on the site. The proposed project will result in no
substantial changes to the environmental impacts previously evaluated with the certified
Program FEIS/EIR, the Supplements and Addendums.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162
that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to aesthetics. Specifically, there have not been: (1) changes to the Project that
require major revisions of the previous FEIS/EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previous ly identified effects;
(2) substantial changes with respect to the circumstances under which the Project is
undertaken that require major revisions of the previous FEIS/EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously
identified effects; or (3) the availability of new information of substantial importance relating
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to significant effects or mitigation measures or alternatives that were not known and could
not have been known when the FEIS/EIR, the Supplements or Addendums were certified
as completed.
Mitigation/Monitoring Required: No new impacts or substantially more severe aesthetic
impacts would result from the adoption and implementation of the Project; therefore, no new
or revised mitigation measures are required for aesthetics and visual quality. No refinements
related to the Project are necessary to the FEIS/EIR mitigation measures and no new
mitigation measures are required. Mitigation measures were adopted by the Tustin City
Council in the FEIS/EIR, Addendums and Supplements.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-58 through 3-67)
Tustin Legacy Specific Plan (Pages 5-35 through 5-68)
Tustin General Plan
II. AGRICULTURE AND FORESTRY RESOURCES: In determining whether impacts to
agricultural resources are significant environmental effects, lead agencies may
refer to the California Agricultural Land Evaluation and Site Assessment Model
(1997) prepared by the California Dept. of Conservation as an optional model to use
in assessing impacts on agriculture and farmland. 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 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 forestland to non-forest use?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
As documented in the FEIS/EIR, the project site is part of Tustin Legacy Specific Plan that
contained 702 acres of farmland. The FEIS/EIR concluded that there would be no viable
long-term mitigation to off-set the impact of converting farmland on MCAS Tustin to urban
uses.
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Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to agricultural resources. Specifically, there have not been: (1) changes to the
Project that require major revisions of the previous FEIS/EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effects or mitigation measures or alternatives
that were not known and could not have been known when the FEIS/EIR, the Supplements
or Addendums were certified as completed.
Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the
Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that
Reuse Plan related impacts to farmland were significant and impossible to fully mitigate. A
Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City
Council on January 16, 2001.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-83 through 3-87,
4-109 through 114) and Addendums (Page 5-3 through 5-8)
Tustin Legacy Specific Plan (Pages 5-43 through 5-47)
Tustin General Plan
III. AIR QUALITY: Where available, the significance criteria established by the
applicable air quality management or air pollution control district may be relied
upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for
which the project region is non-attainment under an applicable federal or state
ambient air quality standard (including releasing emissions that exceed
quantitative thresholds for ozone precursors)?
c) Expose sensitive receptors to substantial pollutant concentrations?
d) Create objectionable odors affecting a substantial number of people?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
As documented in the FEIS/EIR, the project is part of a larger reuse project at Tustin
Legacy that was projected to result in air quality impacts that cannot be fully mitigated. A
Statement of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City
Council on January 16, 2001. The site is presently not in use. Therefore, no significant
impact beyond what was analyzed in the adopted FEIS/EIR is anticipated.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section 15162
that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with regard
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to air quality. Specifically, there have not been: (1) changes to the Project that require major
revisions of the previous FEIS/EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified effects; (2) substantial
changes with respect to the circumstances under which the Project is undertaken that require
major revisions of the previous FEIS/EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified effects;
or (3) the availability of new information of substantial importance relating to significant effect
or mitigation measures or alternatives that was not known and could not have been known
when the FEIS/EIR was certified as complete.
Mitigation/Monitoring Required: Specific mitigation measures have been adopted by the
Tustin City Council in certifying the FEIS/EIR. However, the FEIS/EIR also concluded that
Reuse Plan related operational air quality impacts were significant and impossible to fully
mitigate. A Statement of Overriding Consideration for the FEIS/EIR was adopted by the
Tustin City Council on January 16, 2001.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-143 through153,
4-207 through 4-230 and pages 7-41 through 7-42)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.1-1 through 5.1-
32)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Table 2, 1993 South Coast Air Quality Management District, CEQA Air
Quality Handbook
Tustin General Plan
IV. BIOLOGICAL RESOURCES – Would the project:
a) Have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special
status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, regulations, or
by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally protected wetlands as defined by
Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling, hydrological interruption, or
other means?
d) 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?
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The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The FEIS/EIR found that implementation of the Reuse Plan and Tustin Legacy Specific
Plan would not result in impacts to federally listed threatened or endangered plant or
animal species. The proposed project is within the scope of development considered with
the analysis of the FEIS/EIR, the Supplements and Addendums for MCAS Tustin. The
FEIS/EIR determined that implementation of the Reuse Plan and Tustin Legacy Specific
Plan (including the proposed project) could impact jurisdictional waters/wetlands and the
southwestern pond turtle or have an impact on jurisdictional waters/wetlands. The project
site has been surveyed, and turtles were captured and moved off the site to another
location as directed and overseen by the California Department of Fish and Game. Since
that time, all former Marine Corps base drainage channels in the area were removed and
graded by the former owner of the property with the required 401, 404 and 1601 permits
issued by Fish and Game, Army Corps of Engineers, and Regional Water Quality Control
Board. Consequently, the proposed project would not affect the southwestern pond turtle
or have an impact on jurisdictional waters or wetlands. No substantial change is expected
from the analysis previously completed in the FEIS/EIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to biological resources. Specifically, there have not been: (1) changes to the Project
that require major revisions of the previous FEIS/EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effect or mitigation measures or alternatives
that was not known and could not have been known when the FEIS/EIR was certified as
complete.
Mitigation/Monitoring Required: No new impacts or substantially more severe biological
resources impacts would result from the adoption and implementation of the Project;
therefore, no new or revised mitigation measures are required for biological resources. No
refinements related to the Project are necessary to the FEIS/EIR mitigation measures and
no new mitigation measures are required. Mitigation measures were adopted by the Tustin
City Council in the FEIS/EIR, Addendums and Supplements.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-75 through 3-82,
4-103 through 4-108, and 7-26 through 7-27)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
V. CULTURAL RESOURCES – Would the project:
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a) Cause a substantial adverse change in the significance of a historical resource
as defined in §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological
resource pursuant to § 15064.5?
c) Disturb any human remains, including those interred outside formal
cemeteries?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
It should be noted that the former MCAS Tustin contained two National Register listed
blimp hangars, and several concrete or asphalt blimp landing pads that were considered
historically or culturally significant, pursuant to the federal Section 106 process conducted
at the site. Through the Section 106 process, these facilities were identified as part of a
discontiguous Historic District. The Navy, State Office of Historic Preservation (SHPO),
and Advisory Council executed a Memorandum of Agreement (attached as part of the
EIS/EIR) with City of Tustin and County of Orange as invited signatories that allowed for
the destruction of the blimp pads. The EIS/EIR noted that it may not be financially feasible
to retain the blimp hangars and there may be irreversible significant impacts. A Statement
of Overriding Consideration for the FEIS/EIR was adopted by the Tustin City Council on
January 16, 2001. Consistent with the above referenced agreement, the previous owner
of the property removed the blimp pad from the project site and leveled the property.
However, no portion of the previously existing blimp landing pads nor the existing blimp
hangars are located within the project site boundary.
Numerous archaeological surveys have been conducted at the former MCAS Tustin site.
In 1988, the State Office of Historic Preservation (SHPO) provided written concurrence
that all open spaces on MCAS Tustin had been adequately surveyed for archaeological
resources. Although one archaeological site (CA-ORA-381) has been recorded within the
Reuse Plan area, it is believed to have been destroyed. It is possible that previously
unidentified buried archaeological or paleontological resources within the project site
could be significantly impacted by grading and construction activities. With the inclusion
of mitigation measures that require construction monitoring, potential impacts to cultural
resources can be reduced to a level of insignificance. No substantial change is expected
from the analysis previously completed in the FEIS/EIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to cultural resources. Specifically, there have not been: (1) changes to the Project
that require major revisions of the previous FEIS/EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effect or mitigation measures or alternatives
that was not known and could not have been known when the FEIS/EIR was certified as
complete.
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Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for the
project.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-68 through 3-74,
4-93 through 4-102 and 7-24 through 7-26)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
VI. ENERGY – Would the project:
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?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
Construction of the proposed project would involve on-site energy demand and
consumption related to use of oil in the form of gasoline and diesel fuel for construction
worker vehicle trips, hauling and materials delivery truck trips, and operation of off-road
construction equipment. In addition, diesel-fueled portable generators may be necessary
to provide additional electricity demands for temporary lighting, welding, and for supplying
energy to areas of the sites where energy supply cannot be met via a hookup to the
existing electricity grid.
The Program EIS/EIR for MCAS-Tustin does not specifically provide an analysis of energy
usage, however, potential impacts are indirectly addressed, and the development would
not result in any impacts beyond those identified in the Program EIS/EIR for MCAS-Tustin.
The project would not conflict with an applicable plan, policy, or regulation adopted for the
purpose of reducing the emissions of greenhouse gases and does not differ from the
existing standards within the City Code or General Plan.
Mitigation/Monitoring Required: No further mitigation measures would be required beyond
those identified in the Program EIS/EIR for MCAS-Tustin, which are hereby incorporated by
reference.
Sources: Field Observations
Submitted Plans
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.2-1 through
Pages 5.2-29)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
VII. GEOLOGY AND SOILS – Would the project:
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a) Directly or indirectly cause potential substantial 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 or loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become
unstable as a result of the project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building
Code (1994), creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use of septic tanks or
alternative wastewater disposal systems where sewers are not available for the
disposal of wastewater?
f) Directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The FEIS/EIR indicates that impacts to soils and geology resulting from implementation
of the Reuse Plan and Tustin Legacy Specific Plan would “include non-seismic hazards
(such as local settlement, regional subsidence, expansive soils, slope instability, erosion,
and mudflows) and seismic hazards (such as surface fault displacement, high-intensity
ground shaking, ground failure and lurching, seismically induced settlement, and flooding
associated with dam failure.” However, the FEIS/EIR for MCAS Tustin also concluded
that compliance with state and local regulations and standards, along with established
engineering procedures and techniques, would avoid unacceptable risk or the creation of
significant impacts related to such hazards. No substantial change is expected for
development of the project from the analysis previously completed in the FEIS/EIR for
MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to geology and soils. Specifically, there have not been: (1) changes to the Project
that require major revisions of the previous FEIS/EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effects or mitigation measures or alternatives
that were not known and could not have been known when the FEIS/EIR, the Supplements
or Addendums were certified as completed.
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Mitigation/Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules
and regulations would avoid the creation of potential impacts. No mitigation is required.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-88 through 3-97,
4-115 through 4-123 and 7-28 through 7-29)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
VIII. GREENHOUSE GAS EMISSIONS – Would the project:
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?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The FEIS/EIR did not evaluate greenhouse gas (GHG) emissions impacts because, prior
to SB 97, which went into effect January 1, 2010, it was not included in the CEQA
Guidelines Appendix G checklist and the City of Tustin did not have adopted thresholds
at the time of preparation. The City has prepared the Final Supplemental EIR (FSEIR),
which was adopted in June 2017 in conjunction with the Tustin Legacy Specific Plan
Amendment (Modified Project). The FSEIR analyzed the MCAS Tustin Specific Plan
(Adopted Specific Plan) would have generated GHG emissions at levels that would
exceed the thresholds established by Southern California Air Quality Management District.
The supplemental FSEIR concluded that the Modified Project would contribute through
direct emission of GHG from onsite area sources and vehicle trips and indirectly through
offsite energy production required for onsite activities, water use and waste disposal.
However, the Modified Project would generate GHG emissions at a reduced rate than the
rate GHG emissions would have been produced under the Adopted Specific Plan.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observations
Submitted Plans
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.2-1 through
Pages 5.2-29)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
IX. HAZARDS AND HAZARDOUS MATERIALS – Would the project:
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a) Create a significant hazard to the public or the environment through the routine
transport, use or disposal of hazardous materials?
b) Create a significant hazard to the public or the environment through reasonable
foreseeable upset and accident conditions involving the release of hazardous
materials into the environment?
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 or a public airport or public use airport,
would the project result in a safety hazard for people residing or working in the
project area?
f) Impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan?
g) Expose people or structures to a significant risk of loss, injury or death
involving wildland fires, including where wildlands are adjacent to urbanized
areas or where residences are intermixed with wildlands?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The project will not create a significant hazard to the public through the transport, use, or
disposal of hazardous materials, nor are there reasonably foreseeable upset and accident
conditions at the property. In addition, the project would not emit hazardous emissions
within a quarter mile of an existing or proposed school.
In addition, the project site is located within the boundaries of the Airport Environs Land
Use Plan; however, it is at least four (4) miles from John Wayne Airport, and does not lie
within a flight approach or departure corridor and thus does not pose an aircraft-related
safety hazard for future residents or workers. The project site is also not located in a
wildland fire danger area. Compliance with all federal, state and local regulations
concerning handling and use of household hazardous substances will reduce potential
impacts to below a level of significance. No substantial change is expected from the
analysis previously completed in the FEIS/EIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to hazards and hazardous materials. Specifically, there have not been: (1) changes
to the Project that require major revisions of the previous FEIS/EIR due to the involvement
of new significant environmental effects or a substantial increase in the severity of
previously identified effects; (2) substantial changes with respect to the circumstances
under which the Project is undertaken that require major revisions of the previous
FEIS/EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified effects; or (3) the availability of new
information of substantial importance relating to significant effects or mitigation measures
or alternatives that were not known and could not have been known when the FEIS/EIR,
the Supplements or Addendums were certified as completed.
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Mitigation/Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules
and regulations would avoid the creation of potential impacts. No mitigation is required.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin pages (3-106 through 3-
117, 4-130 through 4-138 and 7-30 through 7-31)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Finding of Suitability to Transfer (FOST), MCAS Tustin
Tustin General Plan.
X. HYDROLOGY AND WATER QUALITY – Would the project:
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, in a manner which would
result in flooding on- or off-site?
d) Substantially alter the existing drainage pattern of the site or area, including
through the alteration of the course of a stream or river or through the alteration
of the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site;
ii. Substantially in crease the rate or amount of surface runoff in flooding
on- or off-site;
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?
e) Conflict with or obstruct implementation of a water quality control plan or
sustainable groundwater management plan?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The project design and construction of facilities to fully contain drainage of the site, would
be required as conditions of approval of the project. No long-term impacts to hydrology
and water quality are anticipated for the proposed project. The proposed project will also
not impact groundwater in the deep regional aquifer or shallow aquifer. The proposed
project would not include groundwater removal or alteration of historic drainage patterns
at the site. The project is not located within a 100-year flood area and will not expose people
or structures to a significant risk of loss, injury and death involving flooding as a result of
the failure of a levee or dam, nor is the proposed project susceptible to inundation by
seiche, tsunami, or mudflow.
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A revised Tustin Legacy Specific Plan Sub Area Master Plan (TLSP SAMP) dated June 28,
2019 was submitted in conjunction with the adjacent proposed Tentative Tract Map 19103
residential development to serve as an addendum and provide a hydraulic analysis relative
to the proposed residential project’s proposed changes to the potable water, sewer and non-
potable water systems. Materials have been reviewed for consistency with the intent of the
original SAMP and the residential project was determined to meet all Irvine Ranch Water
District (IRWD) operational criteria. Additionally, the off-site potable water, non-potable water,
and wastewater systems will not experience any adverse impacts due to the project.
Construction operations would be required to comply with the Total Maximum Daily Load
(TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area
Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and
the implementation of specific best management practices (BMP). Compliance with state
and local regulations and standards, along with established engineering procedures and
techniques, would avoid unacceptable risk or the creation of significant impacts related to
such hazards. Consequently, no substantial change is expected from the analysis
previously completed in the FEIS/EIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to hydrology and water quality. Specifically, there have not been: (1) changes to
the Project that require major revisions of the previous FEIS/EIR due to the involvement
of new significant environmental effects or a substantial increase in the severity of
previously identified effects; (2) substantial changes with respect to the circumstances
under which the Project is undertaken that require major revisions of the previous
FEIS/EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified effects; or (3) the availability of new
information of substantial importance relating to significant effects or mitigation measures
or alternatives that were not known and could not have been known when the FEIS/EIR,
the Supplements or Addendums were certified as completed.
Mitigation/Monitoring Required: As identified in the FEIS/EIR, compliance with existing rules
and regulations would avoid the creation of potential impacts. No mitigation is required.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-98 through 3-
105, 4-124 through 4-129 and 7-29 through 7-30)
Tustin Legacy Specific Plan ((Pages 5-34 through 5-68)
FEMA Flood Map: FIRM Panel 06059C0279J(Dec. 2, 2009)
Tustin General Plan
Fire Hazard Severity Zone Map (2011)
XI. LAND USE AND PLANNING – Would the project:
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?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
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court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The City of Tustin is the controlling authority over implementation of the Reuse Plan for
the former base, such as land use designations, zoning categories, recreation and open
space areas, major arterial roadways, urban design, public facilities, and infrastructure
systems. On July 18, 2017, the Tustin City Council approved the Tustin Legacy Specific
Plan for the Tustin Legacy project area that established land use and development
standards. Compliance with state and local regulations and standards would avoid the
creation of significant land use and planning impacts. Also, the proposed Project will not
conflict with any habitat conservation plan or natural community conservation plan.
Consequently, no change is expected from the analysis previously completed in the
FEIS/EIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to land use and planning. Specifically, there have not been: (1) changes to the
Project that require major revisions of the previous FEIS/EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effects or mitigation measures or alternatives
that were not known and could not have been known when the FEIS/EIR, the Supplements
or Addendums were certified as completed.
Mitigation/Monitoring Required: The proposed project is consistent with the development
standards of the Tustin Legacy Specific Plan as identified by the adopted FEIS/EIR. No
mitigation is required.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-3 to 3-17, 4-3 to
4-13 and 7-16 to 7-18)
FSEIR for Tustin Legacy Specific Plan Amendment (Page 5.2-1 through
Page 5.2-27)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XII. MINERAL RESOURCES – Would the project:
a) Result in the loss of availability of a known mineral resource that would be a
value to the region and the residents of the state?
b) Result in the loss of availability of a locally important mineral resource recovery
site delineated on a local general plan, specific plan or other land use plan?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
Chapter 3.9 of the FEIS/EIR indicates that no mineral resources are known to occur
anywhere within the Reuse Plan area. The proposed project will not result in the loss of
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mineral resources known to be on the site or identified as being present on the site by any
mineral resource plans. Consequently, no substantial change is expected from the
analysis previously completed in the FEIS/EIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to mineral resources. Specifically, there have not been: (1) changes to the Project
that require major revisions of the previous FEIS/EIR due to the involvement of new
significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effects or mitigation measures or alternatives
that were not known and could not have been known when the FEIS/EIR, the Supplements
or Addendums were certified as completed.
Mitigation/Monitoring Required: No mitigation is required.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-91)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XIII. NOISE – Would the project:
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 groundborne vibration or groundborne 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 had not been adopted, within two miles of a
public airport, would the project expose people residing or working in the
project area to excessive noise levels?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
A Preliminary Noise Analysis Report dated May 15, 2019, and addendum dated July 8,
2019, were submitted in conjunction with the proposed adjacent Tentative Tract Map
19103 residential project. The noise report analyzed the proposed adjacent residential
project for compliance with Tustin’s exterior and interior noise standards for single-family
and multi-family residential. Mitigation measures were included as conditions of approval
for the proposed adjacent residential project.
The FEIS/EIR indicates that full build-out of the former military base will create noise
impacts that would be considered significant if noise levels experienced by sensitive
receptors would exceed those considered “normally acceptable” for the applicable land
use categories in the Noise Elements of the Tustin General Plan. For interior noise
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mitigation, N-3 identified in the FEIS/EIR requires plans demonstrating noise regulation
conformity be submitted for review and approval prior to building permits being issued.
Compliance with adopted mitigation measures and state and local regulations and
standards, along with established engineering procedures and techniques, will avoid
unacceptable risk or the creation of significant impacts related to such hazards.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to noise. Specifically, there have not been: (1) changes to the Project that require
major revisions of the previous FEIS/EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
effects; (2) substantial changes with respect to the circumstances under which the Project
is undertaken that require major revisions of the previous FEIS/EIR due to the involvement
of new significant environmental effects or a substantial increase in the severity of
previously identified effects; or (3) the availability of new information of substantial
importance relating to significant effects or mitigation measures or alternatives that were
not known and could not have been known when the FEIS/EIR, the Supplements or
Addendums were certified as completed.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-154 to 3-162, 4-
231 to 4-243 and 7-42 to 7-43)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.4-1 through 5.4-
28)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XIV. POPULATION AND HOUSING – Would the project:
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?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
Additionally, the proposed project site is vacant and will not displace people or necessitate
construction of replacement housing elsewhere. No substantial change is expected from
the analysis previously completed in the FEIS/EIR for MCAS Tustin.
Based on the foregoing, none of the conditions identified in CEQA Guidelines Section
15162 that would trigger the need to prepare a subsequent or supplemental EIR or other
environmental document to evaluate Project impacts or mitigation measures exist with
regard to population and housing. Specifically, there have not been: (1) changes to the
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Project that require major revisions of the previous FEIS/EIR due to the involvement of
new significant environmental effects or a substantial increase in the severity of previously
identified effects; (2) substantial changes with respect to the circumstances under which
the Project is undertaken that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; or (3) the availability of new information of
substantial importance relating to significant effects or mitigation measures or alternatives
that were not known and could not have been known when the FEIS/EIR, the Supplements
or Addendums were certified as completed.
Mitigation/Monitoring Required: No mitigation is required.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-18 to 3-34, 4-14
to 4-29 and 7-18 to 7-19)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.5-1 through 5.5-
15)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XV. PUBLIC SERVICES
a) Would the project result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities, need for new
or physically altered governmental facilities, the construction of which could
cause significant environmental impacts, in order to maintain acceptable
service ratios, response times, or other performance objectives for any of the
public services:
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The proposed project will not directly result in substantial adverse physical impacts
associated with the provision of new or physically altered governmental facilities, need for
new or physically altered governmental facilities, the construction of which could cause
significant environmental impacts in order to maintain acceptable service ratios, response
times, or other performance objectives. The FEIS/EIR, its Supplements, and Addendums
have determined that such impacts could only occur as a result with the planned build-out of
the Tustin Legacy project. The proposed project will in fact create a beneficial impact for
access for fire and police protection in the project area.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or
supplemental EIR or other environmental document to evaluate Project impacts or
mitigation measures exist with regard to public services. Specifically, there have not been:
(1) changes to the Project that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; (2) substantial changes with respect to the
circumstances under which the Project is undertaken that require major revisions of the
previous FEIS/EIR due to the involvement of new significant environmental effects or a
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substantial increase in the severity of previously identified effects; or (3) the availability of
new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS/EIR, the Supplements or Addendums were certified as completed.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Pages 3-47 to 3-57, 4-56
to 4-80 and 7-21 to 7-22)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.6-1 through 5.6-
12)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XVI. RECREATION
a) Would the project increase the use of existing neighborhood and regional parks
or other recreational facilities, such that substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational facilities or require the construction or
expansion of recreational facilities, which might have an adverse physical effect
on the environment?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The proposed project will not directly impact recreation services and will not increase the
use of other existing neighborhood or regional parks such that substantial physical
deterioration of the facilities would occur or be accelerated.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or
supplemental EIR or other environmental document to evaluate Project impacts or
mitigation measures exist with regard to recreation. Specifically, there have not been: (1)
changes to the Project that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; (2) substantial changes with respect to the
circumstances under which the Project is undertaken that require major revisions of the
previous FEIS/EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability of
new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS/EIR, the Supplements or Addendums were certified as completed.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR.
Sources: Field Observations
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Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin pages 3-47 to 3-57, 4-56
to 4-80 and 7-21 to 7-22
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin Parks and Recreation Services Department
Tustin General Plan
XVII. TRANSPORTATION – Would the project:
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 Guideline section 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?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The FEIS/EIR and Supplements identified the trip generation resulting from
implementation of the original Specific Plan and Addendum to create an overall Average
Daily Trip (ADT) of 239,797 trips. The Specific Plan also established a trip budget tracking
system for each neighborhood to analyze and control the amount and intensity of non-
residential development by neighborhood. The tracking system ensures that sufficient
ADT capacity exists to serve the development and remainder of the neighborhood. A
focused traffic study, dated June 11, 2019, was provided for the Tustin Legacy Neighborhood
D South area, which is adjacent to the project area. This report was reviewed by Tustin Public
Works, Traffic Division for compliance with these requirements.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or
supplemental EIR or other environmental document to evaluate Project impacts or
mitigation measures exist with regard to traffic. Specifically, there have not been: (1)
changes to the Project that require major revisions of the previous FEIS/EIR due to the
involvement of new significant environmental effects or a substantial increase in the
severity of previously identified effects; (2) substantial changes with respect to the
circumstances under which the Project is undertaken that require major revisions of the
previous FEIS/EIR due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; or (3) the availability of
new information of substantial importance relating to significant effects or mitigation
measures or alternatives that were not known and could not have been known when the
FEIS/EIR, the Supplements or Addendums were certified as completed.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR.
Sources: Field Observations
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Submitted Plans
FSEIR for Tustin Legacy Specific Plan Amendment (Page 5.7-1 through
Page 5.7-34)
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.7-1 through 5.7-
33)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XVIII. TRIBAL CULTURAL RESOURCES:
a) Would the project cause a substantial adverse change in the significance of a
tribal cultural resource, defined in Public Resources Code section 21074 as
either a site, feature, place, cultural landscape that is geographically defined in
terms of the 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 is 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), or
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 Resources Code
section 5024.1, the lead agency shall consider the significance of the
resource to a California Native American tribe.
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The project would not cause substantial adverse change in a tribal cultural resource in
that the project site does not contain historical cultural resources and the proposed use
and modifications would not result impacts to historical or cultural resources.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (Page 3-68 through 3-74,
4-93 through 4-102 and 7-24 through 7-26), Addendum (Page 5-40 through
5-45) and Addendum 2 (Page 36 through 37)
Tustin Legacy Specific Plan (Page 3-36 through 3-39)
Tustin General Plan
XIX. UTILITIES AND SERVICE SYSTEMS – Would the project:
a) Require or result in the relocation or construction of new or expanded water,
wastewater treatment or stormwater drainage, electric power, natural gas, or
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telecommunications facilities, the construction or relocation of which could
cause significant environmental effects?
b) Have sufficient water supplies available to serve the project 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?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
The proposed improvements support the development within the Tustin Legacy Specific
Plan.
A revised Tustin Legacy Specific Plan Sub Area Master Plan (TLSP SAMP) dated June 28,
2019 was submitted in conjunction with the proposed adjacent Tentative Tract Map 19103
residential development to serve as an addendum and provide a hydraulic analysis relative
to the proposed adjacent residential project’s proposed changes to the potable water, sewer
and non-potable water systems. Materials have been reviewed for consistency with the intent
of the original SAMP and the proposed adjacent residential project was determined to meet
all Irvine Ranch Water District (IRWD) operational criteria.
No substantial change is expected from the analysis previously completed in the approved
FEIS/EIR for MCAS Tustin. Based on the foregoing, none of the conditions identified in
CEQA Guidelines Section 15162 that would trigger the need to prepare a subsequent or
supplemental EIR or other environmental document to evaluate Project impacts or
mitigation measures exist with regard to utilities and service systems. Specifically, there
have not been: (1) changes to the Project that require major revisions of the previous
FEIS/EIR due to the involvement of new significant environmental effects or a substantial
increase in the severity of previously identified effects; (2) substantial changes with
respect to the circumstances under which the Project is undertaken that require major
revisions of the previous FEIS/EIR due to the involvement of new significant environmental
effects or a substantial increase in the severity of previously identified effects; or (3) the
availability of new information of substantial importance relating to significant effects or
mitigation measures or alternatives that were not known and could not have been known
when the FEIS/EIR, the Supplements or Addendums were certified as completed.
Mitigation/Monitoring Required: Mitigation measures have been adopted by the Tustin City
Council in the FEIS/EIR; these measures would be included as conditions of approval for
the project.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 3-35 through 3-46,
4-32 through 4-55 and 7-20 through 7-21)
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FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.8-1 through 5.8-
27)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XX. WILDFIRE: If located in or near state responsibility areas or lands classified as very
high fire hazard severity zones, would the project:
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 uncontrolled spread of wildfire?
c) Require the installation of maintenance of associated infrastructure (such as
roads, fuel breaks, emergency water sources, power lines, other utilities)
that may exacerbate fire risk or that may result in temporary or ongoing
impacts to the environment?
d) Expose people or structure to significant risks, including downslope or
downstream flooding or landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
The proposed project consists of the construction and operation of an enhanced walkway
promenade with landscape, hardscape and picnic areas; it includes a half-court basketball
court, 2 pickle-ball courts and a bocce ball court. No above ground structure other than
fencing is proposed. The proposed project is consistent with the approved Specific Plan.
According to the California Department of Forestry and Fire Protection (CAL FIRE) Fire
and Resource Assessment Program, the project site is not located within a Very High Fire
Hazard Severity Zone. In addition, the site is located on a relatively flat surface and in an
urban area. The surrounding area includes commercial and residential land uses. Thus,
the proposed project would not cause change in substantial risk or hazards related to
wildfires.
Mitigation/Monitoring Required: No mitigation is required.
Sources: Field Observations
Submitted Plans
FSEIR for Tustin Legacy Specific Plan Amendment (Pages 5.2-1 through
Pages 5.2-29)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
XXI. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history or prehistory?
b) Does the project have impacts that are individually limited but cumulatively
considerable? ("Cumulatively considerable" means that the incremental
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effects of a project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects
of probable future projects.)
c) Does the project have environmental effects, which will cause substantial
adverse effects on human beings, either directly or indirectly?
Based upon the foregoing, the proposed project does not have the potential to degrade
the quality of the environment, substantially reduce the habitats or wildlife populations to
decrease or threaten, eliminate, or reduce animal ranges, etc. With the enforcement of
FEIS/EIR mitigation and implementation measures approved by the Tustin City Council,
the proposed project does not cause unmitigated environmental effects that will cause
substantial effects on human beings, either directly or indirectly. In addition, the proposed
project does have air quality impacts that are individually limited, but cumulatively
considerable when viewed in connection with the effects of the reuse and redevelopment
of the former MCAS Tustin. The FEIS/EIR, the Supplements and Addendums previously
considered all environmental impacts associated with the implementation of the Reuse
Plan and Tustin Legacy Specific Plan. The project proposes no substantial changes to
environmental issues previously considered with adoption of the FEIS/EIR. Mitigation
measures were identified in the FEIS/EIR to reduce impact but not to a level of
insignificance. A Statement of Overriding Consideration for the FEIS/EIR was adopted by
the Tustin City Council on January 16, 2001.
Mitigation/Monitoring Required: The FEIS/EIR previously considered all environmental
impacts associated with the implementation of the Reuse Plan and MCAS Tustin Specific
Plan. Mitigation measures have been adopted by the Tustin City Council in the FEIS/EIR
and would be included in the project as applicable.
Sources: Field Observations
Submitted Plans
FEIS/EIR for Disposal and Reuse of MCAS Tustin (pages 5-4 through 5-11)
Tustin Legacy Specific Plan (Pages 5-34 through 5-68)
Tustin General Plan
CONCLUSION
The summary concludes that all of the proposed project’s effects were previously examined in
the FEIS/EIR for MCAS Tustin, that no new effects would occur, that no substantial increase in
the severity of previously identified significant effects would occur, that no new mitigation
measures would be required, that no applicable mitigation measures previously not found to be
feasible would in fact be feasible, and that there are no new mitigation measures or alternatives
applicable to the project that would substantially reduce effects of the project that have not been
considered and adopted. A Mitigation and Monitoring and Reporting Program and Findings of
Overriding Considerations were adopted for the FEIS/EIR on July 5, 2017 and shall apply to the
proposed project, as applicable.
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ATTACHMENT 2
Location Map
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City of Tustin
Project Name: Alley Grove Promenade Project, CIP No. 20084
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