HomeMy WebLinkAboutCC RES 22-62__________________
Resolution 22-62
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RESOLUTION NO. 22-62
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 CITY INITIATED VOLUNTARY MAINTENANCE AND REPAIRS OF
THE EXISTING TUSTIN HANGAR #2 (ALSO KNOWN AS SOUTH HANGAR OR
HANGAR 29), LIMITED TO STRUCTURAL STABILIZATION AND ELECTRICAL
INFRSTRUCTURE UPGRADES, LOCATED IN THE TUSTIN LEGACY SPECIFIC
PLAN
WHEREAS, the project is a City-initiated voluntary repair of the existing Tustin
Hangar #2 (also known as “South Hangar or “Hangar 29”), limited to structural
stabilization and electrical infrastructure upgrades.
WHEREAS, the structural repairs identified in this project are intended to address
failing hazards from the truss members and the supplementary wood framing.
Additionally, members and connections with major splits and structural damage will be
repaired in order to provide a higher level of confidence that the trusses will perform as
they were originally intended and the repairs identified are intended to stabilize the
structure and reduce the potential for hazards within The Hangar #2.
WHEREAS, the electrical repairs of the project is a voluntary repair/replacement
of the Hangar #2 electrical infrastructure and the electrical scope includes the installation
of a new service capable of being expanded in the future.
WHEREAS, it is the intention of the City Council of the City of Tustin, California to
contract for the maintenance and repairs of the Tustin Hangar #2, CIP No. 10076 which
would be completed in accordance with the Secretary of Interior’s Standards, Standards
for Preservation; 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
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Resolution 22-62
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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
WHEREAS, none of the conditions described in Section 15162 are present. An
Addendum was prepared in compliance with Section 15164 of the CEQA Guidelines for
the proposed project, Exhibit A, that concluded that the project does not propose to
change the impacts previously examined in the FEIS/EIR, Supplement, and Addendum,
in 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. The Project includes maintenance and repair
items that will be completed in compliance with the Secretary of Interior Standards,
Standards for Preservation. 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. Accordingly, no new environmental document is required by
CEQA.
WHEREAS, the project is also Categorically Exempt from the California
Environmental Quality Act (CEQA) under CEQA Guidelines Section 15331 (Class 31,
Historical Resource Restoration/Rehabilitation) because the proposed maintenance and
repair items will be completed in compliance with the Secretary of Interior Standards,
Standards for Preservation.
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:
South Hangar Renovation
CIP No. 10076
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 22-62
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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. 22-62 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: Lumbard, Clark, Gallagher, Gomez (4)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: Cooper (1)
____________________________
ERICA N. YASUDA,
City Clerk
Exhibit A – Addendum for Tustin Hangar #2 Structural Stabilization and Electrical Infrastructure
Upgrades, November 8, 2022
DocuSign Envelope ID: 4C8A5F8C-FC2C-41CE-A971-C7F533AB29A8
TUSTIN LEGACY SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT
STATEMENT/ENVIRONMENTAL IMPACT REPORT (EIS/EIR) ADDENDUM
STATE CLEARINGHOUSE NO. 1994071005
Prepared for Tustin Hangar #2 Structural Stabilization and
Electrical Infrastructure Upgrades
November 8, 2022
1.Project Description and Site Background
The Project is a City-initiated voluntary repair of the existing Tustin Hangar #2 (also known
as “South Hangar or “Hangar 29”), limited to structural stabilization and electrical
infrastructure upgrades. The Tustin Hangar #2 is listed on the National Register of Historic
Places (NRHP) in 1975 (Reference No. 75000451). The Project will be carried out in
compliance with the Secretary of Interior’s Standards for the Treatment of Historic
Properties (The Standards), Standards for Preservation. The structural repairs identified in
this project are intended to address failing hazards from the truss members and the
supplementary wood framing. Additionally, members and connections with major splits and
structural damage will be repaired in order to provide a higher level of confidence that the
trusses will perform as they were originally intended. The structural repairs will not alter
the occupancy category of the structure. The existing Hangar is a Risk Category II Structure.
However, full fracture member repairs will be designed for Risk Category III wind and
earthquake loading as noted in the project design criteria. The repairs identified are
intended to stabilize the structure and reduce the potential for hazards within The Hangar
#2. The electrical repairs project is a voluntary repair/replacement of The Hangar #2
electrical infrastructure. Th electrical scope includes the installation of a new service
capable of being expanded in the future. The Project is located within City of Tustin, Tustin
Legacy Specific Plan area.
Tustin Legacy Specific Plan/MCAS Tustin
The MCAS Tustin Specific Plan was originally adopted in 2003 and has been amended several
times. The MCAS Tustin Specific Plan is used to implement the goals and policies of the
Tustin General Plan and contains the development regulations that constitute the zoning for
the Specific Plan area. As a federal installation, MCAS Tustin was not subject to local zoning
and planning requirements. Since conversion to civilian use, the MCAS area is now under
the jurisdictional authority of either the City of Tustin or the City of Irvine and is subject to
local codes and ordinances. In 2017, the City approved a comprehensive amendment to the
MCAS Tustin Specific Plan and renamed the document as the “Tustin Legacy Specific Plan.”
2.Previous Environmental Documentation
A Final Joint Program Environmental Impact Statement/Environmental Impact Report
DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16DocuSign Envelope ID: 4C8A5F8C-FC2C-41CE-A971-C7F533AB29A8
Project: Tustin Hangar #2 (South Hangar/Hangar #29) Maintenance & Repairs
TLSP EIS/EIR Addendum (State Clearinghouse No. 1994071005)
November 8, 2022
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(FEIS/EIR) for the Disposal and Reuse of Marine Corps Air Station (MCAS) Tustin was
prepared by the City of Tustin and the Department of the Navy (Navy) in accordance with
the California Environmental Quality Act (CEQA) and the National Environmental Policy Act
(NEPA) dated October 1996, as amended by the Errata dated September 1998. The
Mitigation Monitoring and Reporting Program (MMRP) for the FEIS/EIR was adopted by the
City on January 16, 2001 (Resolution 00-90). On March 3, 2001, a Record of Decision (ROD)
was issued by the Navy approving the FEIS/EIR (2001 FEIS/EIR) and the Specific Plan. The
following State Clearinghouse (SCH) number is associated with the 2001 FEIS/EIR:
1994071005.
There have been several supplements and addendums to the 2001 FEIS/EIR, some of which
are listed below:
• 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 for the MCAS Tustin Zone Change (Specific Plan Amendment 05-002),
Master Developer Disposition and Development Agreement, and Development Plan
Addendum.
• On June 3, 2008, the City Council adopted Resolution No. 08-38 pertaining to the
Conveyance of a 39.96 acre future high school site on Lots 32 and 35 of Tract No. 17026
and leasing of Lot 32 and 10-acre future site on Lot 3 of Tract No. 17026 at Tustin Legacy
to Tustin Unified School District.
• On May 13, 2013, the City Council adopted Resolution No. 13-32 approving a Second
Addendum to the FEIS/EIR for General Plan Amendment 2013-001, Specific Plan
Amendment 2013-001, Development Agreement 2013-002, and an Agreement for
Exchange of Real Property between the City and South Orange County Community
College District.
• On November 1, 2016, the City Council adopted Resolution No. 16-59 finding that the
FEIS/EIR as amended by supplement and addendums is adequate to sere the project
environmental document for Development Agreement 2016-001, Concept Plan 2016-
001, Subdivision 2016-02, Design Review 2016-001, CUP 2016-(01, 02, 15, 23), Minor
Modifications 2016-(01, 02), and DDA for a 870,000 square foot mixed use project within
portions of Planning Area 9-12 of Neighborhood E.
DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16DocuSign Envelope ID: 4C8A5F8C-FC2C-41CE-A971-C7F533AB29A8
Project: Tustin Hangar #2 (South Hangar/Hangar #29) Maintenance & Repairs
TLSP EIS/EIR Addendum (State Clearinghouse No. 1994071005)
November 8, 2022
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• On July 5, 2017, the City Council adopted Resolution No. 17-23 approving a second
Supplement to the FEIS/EIR for General Plan Amendment 2015-02 and Specific Plan
Amendment 2015-01.
The 2001 FEIS/EIR document, the supplements, and addenda are collectively referred to
herein as the “FEIS/EIR.” In addition, the City of Tustin has certified multiple CEQA documents
associated with prior amendments to the MCAS Tustin Specific Plan and development
projects within Tustin Legacy.
The MCAS Tustin Specific Plan proposed and the FEIS/EIR analyzed a multi-year
development period for the planned urban reuse project (Tustin Legacy). Section 1.5.2 of
the 2001 FEIS/EIR states that the FEIS/EIR is a Program EIR and it is intended to be used as
the CEQA compliance document for all public and private actions made in furtherance of,
the Specific Plan. The FEIS/EIR analyzed the environmental consequences of the Navy
disposal and local community reuse of the MCAS Tustin per the Reuse Plan and the MCAS
Tustin Specific Plan/Reuse Plan (MCAS Tustin Specific Plan), which was subsequently
amended to be called the Tustin Legacy Specific Plan (as referred to herein). 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 MCAS Tustin Specific Plan,
including but not limited to the adoption by the City of Tustin of the MCAS Tustin Specific
Plan and adoption of the MCAS Tustin Redevelopment Plan.
When individual activities within the Specific Plan area 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, 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.
3. Purpose of this Addendum
Pursuant to Sections 15051 and 15367 of the State CEQA Guidelines, the City of Tustin is the
Lead Agency for the CEQA compliance associated with the Project because it would approve,
carry out, and implement the Project.
Section 15164 of the California Environmental Quality Act authorizes Lead Agencies to
prepare an Addendum to a previously Certified EIR if changes or additions to the document
are necessary and none of the conditions described in Section 15162 are present.
Section 15162 of the CEQA guidelines states:
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Project: Tustin Hangar #2 (South Hangar/Hangar #29) Maintenance & Repairs
TLSP EIS/EIR Addendum (State Clearinghouse No. 1994071005)
November 8, 2022
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(a) When an EIR has been certified or a negative declaration adopted for a project, no
subsequent EIR shall be prepared for that project unless the lead agency determines, on
the basis of substantial evidence in the light of the whole record, one or more of the
following:
(1) Substantial changes are proposed in the project which will require major revisions
of the previous EIR or negative declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects;
(2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or Negative
Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the previous
EIR was certified as complete or the Negative Declaration was adopted, shows any
of the following:
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe
than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible, and would substantially reduce one or more significant effects
of the project, but the project proponents decline to adopt the mitigation
measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline to
adopt the mitigation measure or alternative.
(b) If changes to a project or its circumstances occur or new information becomes
available after adoption of a negative declaration, the lead agency shall prepare a
subsequent EIR if required under subdivision (a). Otherwise the lead agency shall
determine whether to prepare a subsequent negative declaration, an addendum, or no
further documentation.
(c) Once a project has been approved, the lead agency's role in project approval is
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Project: Tustin Hangar #2 (South Hangar/Hangar #29) Maintenance & Repairs
TLSP EIS/EIR Addendum (State Clearinghouse No. 1994071005)
November 8, 2022
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completed, unless further discretionary approval on that project is required. Information
appearing after an approval does not require reopening of that approval. If after the
project is approved, any of the conditions described in subdivision (a) occurs, a
subsequent EIR or negative declaration shall only be prepared by the public agency which
grants the next discretionary approval for the project, if any. In this situation no other
responsible agency shall grant an approval for the project until the subsequent EIR has
been certified or subsequent negative declaration adopted.
(d) A subsequent EIR or subsequent negative declaration shall be given the same notice
and public review as required under Section 15087 or Section 15072. A subsequent EIR
or negative declaration shall state where the previous document is available and can be
reviewed.
The FEIS/EIR identified that Hangar 28 (northern hangar) and Hangar 29 (southern hangar)
are both listed on the National Register of Historic Places. The two hangars, along with other
resources onsite, were determined to be eligible for listing as a discontiguous National
Historic District. When previous environmental documents were prepared, it was unknown
whether implementation of the Tustin Legacy Specific Plan would involve demolition of
both, one, or neither of the hangars. It was determined that the loss of both hangars would
be a significant and unavoidable impact. Mitigation measures were required for impacts to
the two hangars. Impacts were identified as significant and unavoidable after
implementation of mitigation.
In accordance with Section 106 of the National Historic Preservation Act, the City of Tustin,
the State Historic Preservation Office (SHPO), the Advisory Council on Historic Preservation,
the Department of the Navy, and the County of Orange executed a Memorandum of
Agreement that identified measures to mitigate the impacts of the destruction of portions
of the eligible historic district, including the removal of Hangar 28 and Hangar 29 (RBF 2008).
Pursuant to the agreement, the County of Orange conducted a marketing study of Hangar
28 and the City of Tustin conducted a marketing study of Hangar 29. Both jurisdictions
reached the conclusion that there is no economically viable use for the hangars, requiring
implementation of mitigation measures from Stipulation III of the agreement. The required
mitigation measures included a written history, documentary video, and exhibit. All
mitigation measures identified in Stipulation III of the agreement have been satisfied. The
Project would not change the conclusions of the historical analysis of the historic blimp
hangars from those of the FEIS/EIR.
4. Conclusion
The City of Tustin has determined that none of the conditions described in Section 15162
are present. No major revisions of the Final EI/EIR are required as no new significant
environmental effects have been identified, nor has a substantial increase in the severity of
DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16DocuSign Envelope ID: 4C8A5F8C-FC2C-41CE-A971-C7F533AB29A8
Project: Tustin Hangar #2 (South Hangar/Hangar #29) Maintenance & Repairs
TLSP EIS/EIR Addendum (State Clearinghouse No. 1994071005)
November 8, 2022
Page | 6
previously identified significant effects been identified, nor have any substantial changes
occurred with respect to the circumstances under which the project was undertaken.
An agency may prepare an addendum to a prior EIR pursuant to Section 15164 of the CEQA
Guidelines:
(a) The lead agency or responsible agency shall prepare an addendum to a previously
certified EIR if some changes or additions are necessary but none of the conditions
described in Section 15162 calling for preparation of a subsequent EIR have occurred.
(b) An addendum to an adopted negative declaration may be prepared if only minor
technical changes or additions are necessary or none of the conditions described in
Section 15162 calling for the preparation of a subsequent EIR or negative declaration
have occurred.
(c) An addendum need not be circulated for public review but can be included in or
attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted
negative declaration prior to making a decision on the project.
(e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to
Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on
the project, or elsewhere in the record. The explanation must be supported by substantial
evidence.
The project does not propose to change the impacts previously examined in the FEIS/EIR,
Supplement, and Addendum, in 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. The Project includes maintenance and repair items that will be
completed in compliance with the Secretary of Interior Standards, Standards for Preservation. 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. Accordingly, no new
environmental document is required by CEQA. Therefore, an Addendum to the previously
examined FEIS/EIR, Supplement, and Addendas, was prepared in compliance with Section 15164
of the CEQA Guidelines.
Furthermore, the Project is Categorically Exempt from the California Environmental Quality Act
(CEQA) under CEQA Guidelines Section 15331 (Class 31, Historical Resource
DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16DocuSign Envelope ID: 4C8A5F8C-FC2C-41CE-A971-C7F533AB29A8
Project: Tustin Hangar #2 (South Hangar/Hangar #29) Maintenance & Repairs
TLSP EIS/EIR Addendum (State Clearinghouse No. 1994071005)
November 8, 2022
Page | 7
Restoration/Rehabilitation) because the proposed maintenance and repair items will be
completed in compliance with the Secretary of Interior Standards, Standards for Preservation.
DocuSign Envelope ID: A79378CC-A72C-493A-BDC4-3BD95374DB16DocuSign Envelope ID: 4C8A5F8C-FC2C-41CE-A971-C7F533AB29A8