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HomeMy WebLinkAbout05 Code Amendment 08-001ITEM #5 DATE: MAY 27, 2008 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 08-001: OFF-STREET PARKING REGULATIONS RECOMMENDATION 1. That the Planning Commission adopt Resolution No. 4096 recommending that the City Council Adopt a Negative Declaration for Code Amendment 08-001. 2. That the Planning Commission adopt Resolution No. 4091 recommending that the City Council approve Code Amendment 08-001, addressing the potential impacts of on-street parking regulations on off-street parking conditions. BACKGROUND AND DISCUSSION The Tustin City Council held public workshops on October 16, 2007 and March 18, 2008, related to concerns regarding overcrowded on-street parking. In certain instances, street parking can prevent street, curb and gutter maintenance and street sweeping, prevent police observation of properties, mask the presence of abandoned or inoperable vehicles, harm a neighborhood's appearance including business frontages, and create general blight and disharmony. At that time, the Public Works Department provided the City Council information regarding potential overnight parking restrictions, permit programs, procedures to establish parking districts, prohibiting street parking on arterial roadways, and prohibiting parking on all public streets between 2:00 a.m. and 6:00 a.m. The Community Development Department provided information to the City Council that it is in the community's interest to ensure that all required private property off-street parking is available, utilized and maintained. Parked cars affected by any proposed on- street parking prohibition should not be allowed to shift from a major arterial or public street to surrounding residential. or commercial private properties. Potential spillover impacts may also be exacerbated by any inappropriate use of currently existing required parking spaces and driveways such as using residential parking spaces, driveways, and garages for storage, or renting or leasing commercial parking spaces to tenants. PLANNING COMMISSION REPORT CA 08-001 MAY 27, 2008 Page 2 At the conclusion of these workshops, City Council directed staff to begin preparing ordinances for their consideration by the summer of 2008. The Public Works and Police Departments are currently drafting ordinances that would restrict and enforce parking restrictions on public streets. The Community Development was specifically directed to implement improvements to the City's current parking regulations to prevent and enforce parking regulations on private commercial and residential properties and to ensure that required private parking spaces and driveways are permanently available and maintained for parking purposes. The City's private parking regulations are currently scattered throughout the Tustin City Code and the City's Parking Guidelines. The Community Development Department viewed this as an opportunity to clarify and strengthen the current off-street parking standards by consolidating the City's parking regulations into a single chapter, providing elaboration on possibly vague standards, introducing updated standards and requirements, with an intent to prohibit any inappropriate use of required parking spaces and garages, and addressing anticipated spillover impacts from on-street parking restrictions. The goal of the proposed code amendment is to adequately address and minimize potential impacts to off-street parking and to include provisions that clearly state use and design requirements to ensure that parking areas and spaces function as intended. ANALYSIS The current Zoning Code does not consistently provide clear standards for required parking, design and use for off-street parking and is inadequate to effectively address potential spillover impacts from on-street parking restrictions. In response to City Council direction, the Community Development Department has prepared a Draft Ordinance to address the following concerns regarding off-street parking and potential impacts from proposed on-street parking restrictions: • Off-street parking and driveway standards are vague and scattered throughout the code • Enforcement authority is unclear • Garages are being used as storage or are blocked from being used • Long-term vehicle storage prohibits use or access to garage • Use of fabric canopies or temporary carports • Vehicles parked on lawns, parkways, and side yards • OverpaVing front yard areas to create larger driveways and parking areas • Residents parking in nearby commercial parking lots • Business customers and employees inappropriately parking in residential areas • Recreational vehicles stored on-site creating blight and preventing access to garages and driveways PLANNING COMMISSION REPORT CA 08-001 MAY 27, 2008 Page 3 • Residents parking in areas not approved for parking, i.e. fire lanes, alleys, drive aisles. To address staff and City Council concerns, Draft Ordinance 1354 includes the following: • Consolidate multiple off-street parking regulations spread throughout the Tustin City Code into one code section to address requirements for parking, the number of parking spaces required, design, availability and use of parking space, and vehicle storage (Part 6) • Prohibit overnight parking in nonresidential parking areas (9262B.a.) • Allow some flexibility when considering building additions to Old Town residences listed, or eligible to be listed, as a Historical Resource, where the current requirement for new parking might otherwise harm or alter the historic resource (Sections 92646., 9299b(1)(h)(i), and 9299c(3)(a)(2)) • Require nonresidential parking spaces to be available for use by tenants, customers, and employees (Section 92628.3.) • Clarify and strengthen regulations for residential off-street parking regarding recreational vehicles, vehicle storage, prohibit fabric carport canopies, and restrict commercial vehicles in residential areas (Section 9265C) • Require use of a residential garage for vehicle parking (Section 92626.2.) • Prohibit parking in areas not approved for parking (Sections 926X.1. and 926X.2. ) • Clarify parking design standards including parking space dimensions, driveway design, and limit the amount of front yard paving (Section 9266D) • Allow some flexibility when considering proposed upgrades to parking areas for compliance with handicap accessibility requirements (9264C) The proposed amendment is consistent with the Tustin General Plan in that it complies with the following goals and policies: Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; Policy 4.3: Where mixed uses are permitted, ensure compatible integration of adjacent uses to minimize conflicts. Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods and safeguard neighborhoods from intrusion by non-conforming and disruptive uses. PLANNING COMMISSION REPORT CA 08-001 MAY 27, 2008 Page 4 Policy 5.6: Promote vigorous enforcement of City codes, including building, zoning, and health and safety, to promote building and property maintenance. Prioritize the Southwest area of the City for code enforcement. Policy 6.12: Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety. Adoption of Code Amendment 08-001 (Ordinance No. 1354) would consolidate off- street parking references, regulations, and standards that are scattered throughout the Tustin City Code into one code section to comprehensively and effectively address required off-street parking, design, enforcement, and impacts that may occur as a result of the implementation of any proposed on-street parking regulations. ENVIRONMENTAL ANALYSIS The proposed amendment is considered a "project" subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21000 et al. The City prepared an Initial Study and drafted a Negative Declaration. The Draft Negative Declaration is available for public review from May 19, 2008 to June 9, 2008. The City Council will consider the Draft Negative Declaration at their public hearing. CITY ATTORNEY REVIEW The City Attorney has reviewed the content and form of Code Amendment 08-001 (Ordinance 1354). Edmelynne V. Hutter Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Resolution No. 4096 B. Resolution No. 4091 C. Draft Ordinance No.1354 S:\Cdd\PCREPORll2008\CA OS-001 (Off-Street Parking Ord).doc ATTACHMENT A RESOLUTION NO. 4096 RESOLUTION NO. 4096 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT THE NEGATIVE DECLARATION FOR CODE AMENDMENT 08- 001, AREVISION TO THE CODE ADDING PART 6 TO CHAPTER 2 OF ARTICLE 9 AND AMENDING TUSTIN CITY CODE SECTIONS 9221 to 9228, 9231 to 9235, 9241, 9242, 9271, 9297, AND 9299 RELATING TO OFF-STREET PARKING REGULATIONS. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That the proposed amendment is considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et. seq.); B. That the City of Tustin prepared an Initial Study to evaluate the potential environmental impacts associated with Code Amendment 08-001 that concluded that potential impacts are at a level of insignificance and a Draft Negative Declaration was prepared. The Draft Negative Declaration was made available for public review from May 19, 2008 to June 9, 2008; C. That a Notice of Intent to Adopt a Negative Declaration was filed with the Clerk for the County of Orange for posting, and provided to members of the public using a method permitted under CEQA Guidelines Section 15072(b). The Initial Study and Draft Negative Declaration were made available fora 20-day public review and comment period from May 19, 2008, to June 9, 2008, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; D. That the City Council is the final authority for the project and will consider the Draft Negative Declaration prior to approval of the proposed code amendment. The City Council will consider the Draft Negative Declaration at the July 1, 2008, public hearing; and E. That the Planning Commission conducted a duly noticed public hearing on May 27, 2008, to consider the Initial Study, proposed Negative Declaration, and Code Amendment 08-001 at which hearing members of the public were afforded an opportunity to comment upon the project. II. The Planning Commission hereby recommends the City Council adopt the Negative Declaration attached hereto as Exhibit A for Code Amendment 08-001 relating to off-street parking regulations. Resolution No. 4096 Page 2 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of May, 2008. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) City of Tustin ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California, that Resolution No. 4096 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of May, 2008. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A to Resolution No. 4096 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: CODE AMENDMENT 08-001 Project Location: Citywide Project Description: Code Amendment 08-001 amends the Tustin City Code providing an updated, consolidated, and comprehensive parking ordinance. The new parking ordinance will organize and supplement Tustin's existing parking regulations and provide a comprehensive parking code clarifying existing regulations. Project Proponent: The City of Tustin Lead Agency Contact Person: Edmelynne Rutter Telephone: (714) 573-3174 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: ® That there is no substantial evidence that the project may have a significant effect on the environment. ^ That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON JUNE 9, 2008 Date Elizabeth A. Binsack Community Develo ent Director (Clerk Stamp Herel NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at the following location: Public Agency: City of Tustin, Community Development Department Project Name: Code Amendment 08-001 (CA 08-001) Parking Ordinance Project Location -Identify street address and cross Citywide code amendment streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): This Initial Study was completed in accordance with the City's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the. City's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. The Initial Study reflects the independent judgment of the City. ^ The Project site IS on a list compiled pursuant to Government Code section 65962.5. ® T'he Project site IS NOT on a list compiled pursuant to Govcmment Code section 65962.5. ^ The proposed project IS considered a project of statewide, regional or azeawide significance. ® Tre proposed project IS NOT considered a project of statewide, regional or azeawide significance. ^ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. ® T'he proposed project WII,L NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. ^ A scoping meeting. WILL be held by the lead agency.:. ® A scoping meeting WILL NOT be held by the lead agency. If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as-follows: . Date: Times Location:. Copies of the Initial Study and Draft Negative Declaration are on file and arc available for public review at City Hall,. located at: City Hall address: 300 Centennial Way, Tnstln, CA 92780-3715 Comments will be received until the following date: May 19 Tune 9, 2008 Any person wishing to comment on this matter must submit such comments, in writing, to the City prior to this date. Comments of all Responsible Agencies aze also requested The City Council will consider the project and the Draft Negative Declaration at its meeting on: Date: June 17, 2008 Time: 7:00 P.M. If the City Council finds that the project will not have a significant effect on the environment, it may adopt the Negative Declazation/MiHgated Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. Amy Thomas, AICP Senior Planner City of Tustin 5 l3 Date (714) 573-3126 athomasCa,tustinca.org CITY OF TUSTW FORM "D" COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Code Amendment 08-001 (CA 08-001) Parking Ordinance Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Edmelynne Huffer Project Location: Citywide Project Sponsor's Name and Address: City of Tustin General Plan Designation: All Zoning Designation: All Phone: (714) 573-3174 Project Description: Code Amendment 08-001 amends the Tustin City Code providing an updated, consolidated, and comprehensive parking ordinance. The new parking ordinance will organize and supplement Tustin's existing parking regulations and provide a comprehensive parking code clarifying existing regulations. Surrounding Uses: N/A North: East: South: West: Other public agencies whose approval is required: ^ Orange County Fire Authority ^ City of Irvine ^ Orange County Health Care Agency ^ City of Santa Ana ^ South Coast Air Quality Management ^ Orange County District EMA ^ Other Code Amendment 08-001 (CA 08-001) City of Tustin B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ^ Aesthetics ^ Air Quality ^ Cultural Resources ^ Hazards & Hazardous Materials ^ Land Use/Planning ^ Noise ^ Public Services ^ Transportation/Traffic ^ Mandatory Findings of Significance ^ Agriculture Resources ^ Biological Resources ^ Geology/Soils ^ Hydrology/Water Quality ^ Mineral Resources ^ Population/Housing ^ Recreation ^ Utilities/Service Systems C. 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 NEGATNE 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 revisions in the project have been made by or agreed to by the project proponent. A MITIGATED 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 although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" 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 in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Prepar~er~ Amy Thomas / Title Senior Planner ~-~c-* ~~~,t~`<<~~t~ ~~d~ Date ~' ~ ~ •~ Elizabeth A. Binsack, Community Development Director 2 Code Amendment 08-001 (CA 08-001) City of Tustin D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 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 and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and 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 maybe significant. If there are one or more "Potentially Significant Impact" entries when the determination is made and 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 Section XVII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses maybe 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 normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. Code Amendment 08-001 (CA 08-001) City of Tustin 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. Issues Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact L AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, tress, rock outcroppings, and historic buildings within a state sceiric 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? ^ ^ ^ ^ ^ ^ Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a) No Impact. The City of Tustin General Plan encourages protection of scenic views and resources through the Hillside Review process; monitoring and limiting development of Peters Canyon Ridgeline consistent with the requirements of the East Tustin Specific Plan; and through implementation of the Grading and Excavation Code and Manual. No physical improvements are proposed in conjunction with this project. The parking ordinance does not exempt individual projects from review. Impacts related to any future project would be identified and evaluated in conjunction with the applicable specific plan or other review document and may be subject to separate CEQA review. Therefore, this project will not have a substantial adverse effect on a scenic vista. b) No Impact. The General Plan Circulation Element does not identify any State scenic highways within the City. Impacts related to any future project would be identified and evaluated in conjunction with the applicable specific plan or other review document and may be subject to separate CEQA review. Therefore no impacts are forecast from the implementation of the proposed project. c) No Impact. The parking ordinance does not exempt individual projects from review. Impacts related to any future project would be identified and evaluated in conjunction with the applicable specific plan or other review document and may be subject to separate CEQA review. Therefore, no impacts are forecast from the implementation of the proposed project. 4 Code Amendment 08-001 (CA 08-001) City of Tustin d) No Impact. The parking ordinance addresses lighting for parking lots and loading areas. A photometric plan and additional review would be required on a case-by-case basis for any lighting proposed. Therefore, there is no impact associated with this project. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code Issues: Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? Discussion: ^ ^ ^ ^ The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a) No Impact. Since there are no improvements proposed in conjunction with this project, it will not result in any impacts to Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland). b) No Impact. Zoning amendment to the parking ordinance will not result in conversion of farmland to anon-agricultural use. There are no areas subject to a Williamson Act contract, and conservation of farmland in the Tustin Planning Area. Code Amendment 08-001 (CA 08-001) City of Tustin Impacts related to any future project would be identified and evaluated in conjunction with each specific project. Therefore, no impacts are forecast to occur as a result of implementation of the proposed project. c) No Impact. As described in Response II.b above, the proposed project will not directly impact or result in the conversion of existing farmland uses to non-agricultural uses. Therefore, no impacts are forecast to occur as a result o implementation of the proposed project. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 3. Evaluation of Environmental Impacts Amendment To Disposition And Development Agreement 05- 01 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. 6 Code Amendment 08-001 (CA 08-001) City of Tustin a) No Impacts. The proposed project would not conflict with or obstruct implementation of the applicable air quality plan, as prepared by the South Coast Air Quality Management District (SCAQMD) in the Air Quality Management Plan (AQMP) for the South Coast Air Basin. No physical improvements are proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with applicable specific plan(s) or other review document and may be subject to separate CEQA review. Therefore, no impacts are forecast to occur as a result of implementation of the proposed project. b-e) No Impacts. Grading and development activities are not associated with the proposed zoning amendment. Impacts related to any future project would be identified and evaluated in conjunction with applicable specific plan(s) or other review document and may be subject to separate CEQA review and will be subject to the City's standard conditions of approval to minimize local nuisance from grading and construction activities. This condition is in conformance with the SCAQMD requirements and therefore, no impacts are anticipated to occur. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. A GUIDE TO THE FARMLAND MAPPING AND MONITORING PROGRAM, 2004 EDITION http•//www conservation ca gov/dlrp/fmmp/Documents/fmmp guide 2004 pdf Issues: 1V. 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? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated a ^ ^ ^ ^ ^ No Impact Code Amendment OS-001 (CA 08-001) Issues: 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? fl Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ^ ^ ^ ^ ^ ^ ^ ^ ^ No Impact Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a, b) No Impact. The California Fish and Game Code was adopted by the State legislature to protect the fish and wildlife resources of the State. Special permits are required for any lake or stream alterations, dredging or other activities that may affect fish and game habitat. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with the California Fish and Game Code and may be subject to separate CEQA review. Therefore, no impacts will result with implementation of the proposed project. c) No Impact. In accordance with the City's existing permit (Order No. R8-2002-0010 and NPDES No. CAS618030) with the Santa Ana Regional Quality Control Board, any future applicant may be required to prepare a Storm Water Pollution Prevention Plan (SWPPP) to ensure grading and reclamation activities do not allow runoff from the site to carry sediment during a storm event to impair the water quality. Any future project that is considered a priority project will be required to prepare a Water Quality Management Plan (WQMP) to ensure runoff from the site due to ongoing operations do not impair water quality downstream. Therefore, no impact is anticipated as part of the zoning amendment that could cause a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act. 8 Code Amendment 08-001 (CA 08-001) City of Tustin d) No Impact. As discussed in response 1V.a,b, the zoning amendment does not propose any physical changes. Impacts related to any future project would be identified and evaluated in conjunction with the California Fish and Game Code and may be subject to separate CEQA review and conditions of approval limiting grading activities. Therefore, no impacts are anticipated from the implementation of the proposed project. e) No Impact. The City's General Plan Conservation/Open Space/Recreation Element mandates continued maintenance of significant tree stands. New developments will require a biological assessment as required in the review process. The new parking ordinance will require landscaping including trees and shrubs in areas at the parking lot that are not used as part of the minimum parking and circulation area. Individual applications would be subject to further review for consistency with any local policies or ordinances protecting biological resources. Therefore, there is no impact. ~ No Impact. The City of Tustin is a participating member of the Natural Community Conservation Plan (NCCP) and is within the Coastal Sub/Central Orange County NCCP region. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with the applicable NCCP/HCP plan or any other conservation plan and may be subject to separate CEQA review. Therefore, the project has no impact. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 3. Department of Fish and Game, NCCP http://www.dfg ca.gov/habcon/nccp/index.html Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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 formal cemeteries? Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. 9 Code Amendment 08-001 (CA 08-001) City of Tustin a) No Impact. The City of Tustin General Plan sets out conservation goals to maintain and enhance the City's unique culturally and historically significant building sites or features. Specifically, Policy 12.1 Identify, designate, and protect facilities of historical significance, and Policy 12.3 Development adjacent to a place, structure or object found to be of historic significance should be designed so that the uses permitted and the architectural design will protect the visual setting of the historical site. Since the zoning code amendment will not change or alter the physical environment, and each individual proposal will be subject to the City's Goals and Policies of the General Plan, the project is not anticipated to create a substantial adverse change to historical resources and no impacts are forecast from the implementation of the proposed project. b, c) No Impact. According to the City of Tustin General Plan Conservation/Open Space/Recreation Element (Goal 13), and the Standard Conditions of Approval, individual projects will be subject to site inspection by certified archaeologists or paleontologists for new development in designated sensitive areas. These conditions will be required on a case-by-case basis for individual projects; however this zoning amendment proposes no physical changes. Therefore, no impacts related to archaeological resources would result from the proposed project. d) No Impact. No physical improvements are currently proposed in conjunction with the zoning amendment. As such, the project will not adversely affect, destroy or disturb human remains. Impacts related to any future project would be identified and evaluated in conjunction with a specific project and standard conditions of approval applied; however, no foreseeable impacts related to cultural resources are anticipated. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code Issues: Potentially Significant Impact VI GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 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. Less Than Less Than No Significant Significant Impact With Impact Mitigation Incorporated ^ ^ 10 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: 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? 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? Discussion: Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ a ^ ^ ^ ^ No Impact The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a (i) No Impact. According to the City of Tustin General Plan, Public Safety Element (January 2001), the Tustin Planning Area (Planning Area) lies within a seismically active region. However, there are no known active or suspected potentially active faults identified within the Planning Area. The El Modena fault passes through the Planning Area's northern section; however, studies have not been conclusive about the active/inactive status of this fault. The Code Amendment proposes no physical changes and individual proposals would be subject to individual review. Therefore, no impacts associated with rupture of a known earthquake fault are anticipated with the implementation of the proposed project. a (ii) No Impact. There is no evidence of any active or potentially active faults within the Tustin Planning Area (Planning Area) and it is not located within an Alquist-Priolo Earthquake Fault Zone. However, the Planning Area is located in the seismically active region of southern California. Slight to intense ground shaking is possible at within the Planning Area if an earthquake occurs on a segment of the active faults in the region. Under current seismic design standards and California Building Code (CBC) provisions, new buildings would incur only minor damage in small to moderate earthquakes, and potential structural damage during a large earthquake, although new buildings are expected to 11 Code Amendment 08-001 (CA 08-001) City of Tustin remain standing during such events (City of Tustin General Plan, Safety Element). With application of the provisions of Chapter 16A Division N of the 1998 California Building Code and the Structural Engineers Association of California, (SEAOC} guidelines, adequate structural protection in the event of an earthquake would be provided, thus reducing impacts from strong seismic ground shaking to a less than significant level. Since there is no development associated with the zoning code amendment and individual projects would be subject to the California Building Code and the SEAOC guidelines, no impacts will occur as part of this project. a (iii-iv) No Impact. There is no development associated with the zoning amendment and individual projects would be subject to the California Building Code and the SEAOC guidelines. Furthermore, a standard condition of approval requiring a soils report will be required prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this project. b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, during construction of any future project, the applicant will be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non-storm water management, and materials and water management. A standard condition of approval requiring BMP's as part of individual development plans will be required prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of this project. c-d) No Impact. As indicated in VI.a(ii) above, there is no development associated with the zoning amendment and individual projects would be subject to the California Building Code and the SEAOC guidelines. A soils report prepared by a certified soils engineer may be required as part of any project on a case-by-case basis. Since there is no development associated with the zoning code amendment, no impacts will occur as part of this project. e) No Impact. The proposed code amendment does not involve the use of septic tanks or alternative wastewater disposal systems. On a case-by-case basis, any future proposed project will be subject to submit asite-specific geotechnical investigation for the site and preparation of a geologic and soils report prepared by a certified soils engineer. Therefore, no impacts will occur from the implementation of the proposed project. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001] 2. City of Tustin Zoning Code 3. OC Watersheds http://www.ocwatersheds.com/dampreport/default aspx~ID=1000358 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated VII HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the ~ public or the environment through the routine transport, use, or disposal of hazardous materials? 12 Code Amendment 08-001 (CA OS-001) City of Tustin Issues: Potentially Less Than Less Than No~ Significant Significant Significant Impact Impact With Impact Mitigation Incorporated b) Create a significant hazard to the public or the environment through reasonably.foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ~ For a project within the vicinity of a private airstrip, would the project result. in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ^ ^ ^ ^ ^ ^ ^ a ^ ^ ^ ^ ^ o ^ ^ ^ ^ 13 Code Amendment 08-001 (CA 08-001) Discussion: City of Tustin The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a - c) No Impact. The project involves the implementation of a new zoning code amendment for off-street parking. There are no hazardous materials proposed as part of this project. Each individual development project will be subject to review on a case-by-case basis for hazardous materials. Therefore, no impacts related to this issue will result from the proposed project, and no mitigation measures are required. d) No Impact. This project does not involve a specific hazardous materials site. Any new development project will be subject to review with the list compiled pursuant to Government Code Section 65962.5. A standard condition of approval will require asite-specific geotechnical investigation for the entire site and preparation of a geologic and soils report will be required as part of the project. Therefore, no impacts related to this issue will result from the proposed project. e - f) No Impact. According to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approximately five miles to the south by surface roadway. However, the Tustin Planning Area does not lie within .any of John Way's safety zones. The former MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the exception of heliports individually permitted or blimp operations as an interim use. Any new development will be subject to review with the Airport Land Use Commission if necessary. Any conditions of approval will be incorporated into each individual project where necessary. Therefore, no safety hazards are anticipated related to this issue. g-h) No Impact. The proposed zoning code amendment would not involve any uses that would interfere with the City's Emergency Operations Plan or with major emergency evacuation routes out of the area nor is it anticipated to expose people or structures to a significant risk of loss, injury or death wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Therefore, there are no impacts associated with this issue. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code Issues: Potentially Less Than Significant Significant Impact With Mitigation Incorporated VIII HYDROLOGY AND WATER QUALITY. Would the project: a) During project construction, substantially impair the water quality of receiving waters? In considering water quality, factors such as water temperature, dissolved oxygen levels, and turbidity should be considered. Less Than No Significant Impact Impact 14 Code Amendment 08-001 (CA 08-001) Issues: b) Following project construction, substantially impair the water quality of receiving waters? In considering water quality, factors such as water temperature, dissolved oxygen levels, and turbidity should be considered. 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 that would result in flooding- or off-site? d) Substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off- site? e) 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 that would result in substantial erosion or siltation on- or off-site? fl Otherwise result in substantial increased erosion or siltation on- or off-site? g) Change runoff flow rates or volumes in a manner that substantially alters the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, and results in a significant adverse environmental impact? h) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems? City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ a ^ ^ ^ ^ ^ 15 Code Amendment 08-001 (CA 08-001) Issues: i) Increase impervious surfaces and runoff in a manner that substantially impairs water quality or causes other significant adverse environmental impacts? j) Provide substantial additional sources of polluted runoff or increase the discharges of pollutants such as heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash? k) For projects that are tributary to water bodies that are listed as impaired on the Clean Water Act section 303(d) list, result in an increase of any pollutant for which the water body is listed as impaired? 1) Substantially degrade or impair an environmentally sensitive area? m) Substantially degrade or impair surface water quality of marine, fresh, or wetland waters? n) Substantially degrade or impair groundwater quality? o) Substantially degrade aquatic, wetland, or riparian habitat? p) Otherwise substantially degrade water quality? c~ Cause or contribute to an exceedance of applicable surface water or groundwater receiving water quality objectives or degradation of beneficial uses? r) Violate any other water quality standards or waste discharge requirements? City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 16 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: ~ Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated s) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate ofpre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? t) Place housing within a 100-year flood ~ ~ hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? u) Place within a 100-year flood hazard area structures that would impede or redirect flows? v) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? w) Expose people or structures to a significant risk of inundation by seiche, tsunami, or rnudflow? Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a - b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, during construction of a development project, the applicant will be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff: General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non-storm water management, and materials and water management. By preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval for water quality, any future project would potentially meet all applicable regulations to manage runoff from the project site. Pollutants in storm water would be substantially reduced by source control and treatment BMPs. In that there is no development proposed as 17 Code Amendment 08-001 (CA 08-001) City of Tustin part of this project, there would be no impacts. c) No Impact. Construction of any future project may temporarily alter existing drainage patterns, as there would be areas of exposed soil during grading and excavation activities. If a storm event were to occur during these activities, exposed sediments may be carried off-site and into the local storm drain system increasing siltation. However, as discussed in Response No. VIII.a-b, any future project would be required, as part of the standard conditions of approval, to implement construction BMPs in compliance with the NPDES permit and Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. Therefore, there are no impacts associated with this project. d -e) No Impact. The project includes a zoning code update to the off-street parking ordinance. Any future project would be subject to individual review and may be subject to CEQA review. To ensure off-site drainage does not result in flooding on or off-site, any future applicant may be required, as part of the standard conditions of approval, to provide on-site hydrology and hydraulic calculations for the proposed development and hydraulic calculations for proposed connections to the existing storm drain system. This will ensure drainage improvements of any future project site will have a less than significant effect on the environment. However, there are no impacts associated with the implementation of the parking ordinance. fj No Impact. Compliance with the NPDES permit (refer to Response V1II.a-b) and BMPs (discussed in Responses V1II.a-b, VIILc, and VIILd above) would reduce potential water quality impacts to less than significant Levels. There are no impacts associated with the implementation of the parking ordinance. g - h) No Impact. Future projects may generate runoff and may increase runoff and types of pollutants (i.e.: some trash and oiUgrease from vehicles) that are typically associated with parking areas. However, adherence to an approved Water Quality Management Plan will help to minimize polluted runoff into the storm drain. Since there is no development associated with the zoning code and individual projects may be subject to providing a WQMP on a case-by-case basis, no impacts will occur as part of this project. i-j) No Impact. The As described in response VIIIg-h, runoff typically increases with parking, however, there is no development associated with the zoning amendment and individual projects would be subject to providing a WQMP on a case-by-case basis. Therefore there are no impacts associated with the proposedproject. k) No Impact. Any future project may generate and increase runoff and types of pollutants (i.e.: some trash and oiUgrease from vehicles). As discussed in Response No. VIII a-b) and c), construction and operation of any new project will be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, any new applicant will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed' project. Adherence to an approved Water Quality Management Plan will help to minimize polluted runoff into the storm drain. There is no development associated with this project and individual projects would be subject to providing a WQMP on a case-by-case basis. Therefore, no impacts will occur. I) No Impact. There is no construction proposed as part of the proposed project. There are no Environmentally Sensitive Areas (ESA's) or Areas of Special Biological Significance (ASBS) identified on the San Diego Creek Watershed map. Therefore, there are no impacts associated with this issue. m) No Impact. If a new development or redevelopment project involves the addition of 2,500 square feet or more of impervious surface and is located within, directly adjacent to (within 200 feet), or discharging directly to receiving waters within environmentally sensitive areas, then it qualifies as a priority project and is subject to additional requirements. Since there is no development associated with this project and individual projects would be subject to providing a WQMP on a case-by-case basis, no impacts will occur. n) No Impact. There is no development associated with this project and future projects would be subject to individual review on a case-by-case basis, no impacts will occur as part of this project. 18 Code Amendment 08-001 (CA 08-001) City of Tustin o) No Impact. As discussed, in response VIII 1, there are no Environmentally Sensitive Areas (ESA's) or Areas of Special Biological Significance (ASBS) identified on the Sand Diego Creek Watershed map. Therefore, there are no impacts associated with this issue. p - q) No Impact. As discussed in Response No. VIII a- c, any future construction of individual projects will be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, any individual applicant will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. No impact is associated with the Code Amendment. r) No Impact. As discussed in Response No. VIII a- c, any future proposed construction and operation of an individual project will be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, individual applicants will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. No impact areas are anticipated as part of this Code Amendment. s) No Impact. As discussed in Response No. VIII n, since there is no development associated with this project and future projects would be subject to individual review on a case-by-case basis, no impacts will occur as part of this project. t - u) No Impact. Any individual projects will be subject to review according to the Flood Insurance Rate Map. The map would indicate whether a project was subject to a flood zone. However, no development is proposed as part of this project. Therefore, there are no impacts associated with this issue. v) No Impact. In the unlikely event of flooding as a result of the failure of a levee or dam, the City has implemented an Emergency Preparedness Plan that addresses several hazard areas including flooding. This Emergency Preparedness Plan has been reviewed by State and Federal agencies which have their own roles in the event of an emergency. Any future development project would be subject to review on a case-by-case basis as to whether or not it is within a flood zone (as addressed in VIII t-u) and potentially subject to significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. However, there are no impacts associated with this project. w) No Impact. Any future development projects would be subject to review to determine whether the project is within an area that has been identified as susceptible to liquefaction or potential bedrock landslides. These areas are identified on Figure COSR-1 of the City's General Plan. When development is proposed within these areas, studies shall be performed as directed by the City to determine the potential for hazards and the amount of development which is supportable on the site. As described in VIII v, in the unlikely event of inundation by seiche, tsunami, or mudflow an individual project would be part of the City's Emergency Preparedness Plan. Therefore, no impacts associated with this issue. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 3. OC Watersheds http://www.ocwatersheds.com/dampreportldefault aspx'~ID=1000358 19 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established ~ ~ community? b) Conflict with any applicable land use ~ ~ plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a) No Impact. The new parking ordinance will better organize and supplement Tustin's existing parking regulations to provide a comprehensive parking code to clarify and strengthen regulations and will not divide an established community. Therefore, no impacts will occur. b) No Impact. The City's General Plan Circulation Element Implementation Program indicates the following: 13. Parking Ordinance Study: The City shall complete a Parking Ordinance study which will include issues such as guest parking standards, shared use of parking facilities, parking for smaller vehicles and necessary changes to City codes and regulations. This parking ordinance will provide an updated, consolidated, and comprehensive parking ordinance. The new parking ordinance will better organize and supplement Tustin's existing parking regulations to provide a comprehensive parking code to clarify and strengthen regulations. Therefore, the project is in conformance with the General Plan, and there are no conflicts related to this issue. c) No Impact. As indicated in response IV f, the City of Tustin is a participating member of the Natural Community Conservation Plan (NCCP) and is within the CentraUCoastal Orange County region. No physical improvements are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with the applicable NCCP/HCP plan or any other conservation plan and may be subject to separate CEQA review. As a result, no impacts are anticipated from the implementation of the proposed project. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 20 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ^ ^ ^ No Impact X 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? ^ ^ ^ Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a -b) No Impact. According to the City of Tustin Conservation/Open Space/Recreations Element (Figure COSR-2) there are no known mineral resources within the City that would be of value to the region and the residents of the state. Therefore, there are no project related impacts associated with mineral resources. Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XI NOISE. Would the project result in a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? 21 Code Amendment 08-001 (CA 08-001) City of Tustin d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ^ ^ ^ ^ ~ For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ^ ^ Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a -d) No Impact. The City of Tustin General Plan Noise Element, and the City's Municipal Code, Chapter 6 Section 4614, Noise Control (Noise Ordinance) establish noise standards for the City. The Safety and Noise Element addresses noise with respect to general land use compatibility, while the Noise Ordinance addresses noise from specific sources. The Noise Ordinance established exterior noise standards of 55 dBA during the daytime hours between 7:00 a.m. and 10:00 p.m. and 50 dBA during the nighttime hours between 10:00 p.m. and 7:00 a.m. These noise standards are adjusted further based on the cumulative duration of the noise occurrence, as well as the prevailing ambient noise levels near the project. Each future individual development project will be subject to review on a case-by-case basis. The proposed project would not expose people to excessive noise, therefore, no impact will occur as a result of this project. e-f) No Impact. As indicated in response VII e-f, according to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approximately .five miles to the south by surface roadway. However, the Tustin Planning Area does not lie within any of John Way's safety zones. The former MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the base has resulted in the elimination of aviation uses, with the exception of heliports individually permitted or blimp operations as an interim use. New development could be subject to review with the Airport Land Use Commission if necessary as well as with the Noise Ordinance. Any conditions of approval will be incorporated into each individual project where necessary. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 22 Code Amendment 08-001 (CA 08-001) Issues: City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XII POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? ^ ^ ^ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? a ^ ^ o ^ ^ Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a) No Impact. The Tustin Planning Area is an established and urbanized area. The new parking ordinance will better organize and supplement Tustin's existing parking regulations to provide a comprehensive parking code to clarify and strengthen regulations. There is no development associated with the Code Amendment. Therefore, no impact on the local or regional population is expected to occur. b) No Impact. There is no development associated with the Code Amendment. Therefore, no housing would be displaced by the implementation of the proposed project. Therefore, there are no impacts associated with this issue. c) No Impact. As stated in Response No. XII b) no development associated with the Code Amendment and no persons would be displaced by the implementation of the proposed project. Therefore, there are no impacts associated with this issue. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 23 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIII 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: Fire protection? Police protection? Schools? Parks? Other public facilities? Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a) Fire protection. No Impact. The Orange County Fire Authority provides fire protection for the City of Tustin on a contractual basis. All water mains and fire hydrants must be constructed in accordance with Orange County guidelines and are subject to approval by the Orange County Fire Authority. Adherence to these guidelines will ensure that no significant impacts on fire protection services will occur. Future projects will be subject to individual review by the Fire Authority. Therefore, there are no impacts related to fire protection. Police protection. No Impact. The Tustin Police Department provides law enforcement services within the City of Tustin. Routine and scheduled patrolling is done throughout the City and would continue as they do under existing conditions. It is not anticipated that the proposed parking ordinance would require additional officers. Rather, it is assumed that the Police Department will continue to assess and evaluate its crime statistics for problem areas within the City. No impacts associated with the implementation of the zoning code. Schools. No Impact. The proposed project will not provide housing that would generate demand for additional schools. The project will not increase student population necessitating a need for new or expanded school facilities. No impacts are anticipated. 24 Code Amendment 08-001 (CA 08-001) City of Tustin Parks. No Impact. The proposed project does not propose new construction and would not attract new residents to the area. Therefore, the project would not generate a demand for additional parks. ~No mitigation measures are required. Other Public Facilities. No Impact. The proposed parking ordinance addresses off-street parking requirements for future projects. The proposed project would not result in any substantial increase in demands on other government services or public facilities such as roads, libraries, hospitals, or post offices. Future projects may generate traffic however; these impacts would be reviewed and considered on a case-by-case basis and conditions of approval included as necessary to mitigate impacts. This project would not increase the need for maintenance of these public facilities. No mitigation measures are required. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code Issues: XIV 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? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ^ ^ ^ ^ ^ ^ No Impact Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a -b) No Impact. The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. The proposed project does not involve the construction of uses that will increase demand for parks. Therefore, the proposed project will not adversely impact existing recreational facilities. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 25 Code Amendment 08-001 (CA 08-001) Issues: City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XV TRANSPORTATION /TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? ^ ^ ^ b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a) No Impact. Construction and operation of future projects may generate traffic. These impacts would be reviewed and considered on a case-by-case basis and conditions of approval included as necessary to mitigate impacts. The proposed project is not anticipated to impact traffic. No mitigation is necessary. 26 Code Amendment 08-001 (CA 08-001) City of Tustin b) No Impact. The City has adopted a Congestion Management Program (CMP) to reduce traffic congestion and to provide a mechanism for coordinating land use development and transportation improvement decisions. Any future project will require review and conformance with the requirements of the Tustin General Plan and the CMP. However, no improvements are proposed as part of this project. Therefore, it would have no impact and no mitigation is necessary. c) No Impact. The project would not produce any air traffic increases, nor would existing air traffic patterns impact it. No impacts are anticipated from implementation of the proposed project. d) No Impact. The new parking ordinance will better organize and supplement Tustin's existing parking regulations to provide a comprehensive parking code to clarify and strengthen regulations. This will help to ensure that individual future projects are designed to avoid hazards and be compatible with surrounding uses. e) No Impact. The proposed project does not include any new development and will not result in inadequate emergency access. Future projects will be reviewed and considered on a case-by-case basis and conditions of approval included as necessary to mitigate impacts. No mitigation is necessary. ~ No Impact. Individual uses and their required parking need will be updated to ensure that adequate parking capacity is provided for future projects. Therefore, there is no impact to this issue and no mitigation is necessary. g) No Impact. The project will not conflict with adopted policies, plans, or programs supporting alternative transportation in that the new parking ordinance will better organize and supplement Tustin's existing parking regulations to provide a comprehensive parking code to clarify and strengthen regulations. These regulations are consistent with the City's Circulation Element which addresses the circulation improvements needed to provide adequate capacity for future land uses. The Element establishes a hierarchy of transportation routes with specific development standards. Future projects will be required to conform to the City's Circulation Element based on individual review. Therefore, there is no impact to this issue and no mitigation is necessary. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XVI UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment ~ ~ requirements of the applicable Regional Water Quality Control Board? 27 Code Amendment 08-001 (CA 08-001) Issues: b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et. Seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? City of Tustin Potentially Less Than Less Than No ~. Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 28 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: m.. Potentially Less Than Less Than ~ No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a) No Impact. The Tustin Planning Area is located within the jurisdiction of the Santa Ana Regional Quality Control Board. Any wastewater generated by future projects would be subject to review for impacts on wastewater facilities. Typically, any increase in wastewater flows resulting from an off-street parking project would be minimal. Future projects would be required to comply with local and state regulations to minimize any potential impacts from hazardous materials use. As discussed in Section VIII. Hydrology and Water Quality, any future project would be required to implement standazd BMPs to control storm water runoff at the project site. Therefore, no impacts are associated with this project. b) No Impact. Irvine Ranch Water District (1RWD) provides water and wastewater services and the Orange County Sewer District provides wastewater services within the Tustin Planning Area. The amount of potable water needed and wastewater generated by a future project would most likely be nominal. Minor infrastructure improvements may be required to provide on-site connections from the existing water and wastewater services to any new project. These minor improvements would be reviewed on a case-by-case basis for any. potential to cause significant environmental impacts. Since there aze no new wastewater treatments facilities or potable water facilities will be needed as part of this project there are no impacts. c) No Impact. As discussed in Response No. XVI a) above, future projects would be required to comply with local and state regulations to minimize any potential impacts from expansion of existing facilities. Any future project would be required to implement standard BMPs to control storm water runoff at the project site. There are no impacts from implementation of the proposed project. The project would also implement construction and post-construction BMPs in compliance with the NPDES permit and Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. Therefore, there are no impacts associated with this issue. d- e) No Impact. As discussed in Response No. XVI b) above, the increase in water demand from any future project is anticipated to be nominal. New project would be reviewed on a case-by-case basis for any potential to cause significant environmental impacts. No mitigation measures are required. f-g) No Impact. CR&R Waste Services provides solid waste collection and disposal services to the City of Tustin. Any solid waste generated a future project would be diverted to a transfer station and then to the Bee Canyon/Bowerman 29 Code Amendment 08-001 (CA 08-001) City of Tustin Landfill located at 11002 Bee Canyon Access Road in Irvine. The zoning code amendment does not propose any construction however, future projects would be reviewed on an individual bases. Off-street parking is usually an accessory requirement to a main use and typically generates only a nominal increase in waste. This increase would be well within the 900 tons of waste that Bee CanyonlBowerman Landfill can accommodate. Furthermore, any future project would be required to comply with local, state, and federal requirements for integrated waste management (i.e. recycling) and solid waste disposal. Waste Management provides recycling opportunities to businesses and institutions, although implementation of recycling programs by businesses and institutions is voluntary. The project is anticipated to have a no impact on landfill capacity. h) No Impact. A Standard Condition of Approval will be added to individual future projects requiring a Water Quality Management Plan (WQMP) for the use of non structural and/or structural BMPs including but not limited to tenant education, activity restrictions, street sweeping, landscaped areas with efficient irrigation and limited run-off, strategically placed catch basins with fossil filters, and catch basin stenciling. BMPs required as part of an individual project would not necessarily result in any significant environmental effect. No impact as part of this project. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 3. OC Watersheds http://www.ocwatersheds.com/dampreport/default.aspx?1D=1000358 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XVII MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade ~ ~ the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? 30 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated c) 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 project, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a) No Impact. The proposed parking ordinance will provide an updated, consolidated, and comprehensive parking ordinance. The new parking ordinance will better organize and supplement Tustin's existing parking regulations to provide a comprehensive parking code to clarify and strengthen regulations. There is no development proposed as part of this Code Amendment, therefore, the project will not have the potential to significantly impact sensitive resources. b) No Impact. As discussed in response XVIIa, the parking ordinance will provide an updated, consolidated, and comprehensive parking ordinance. The Code Amendments, as proposed, is consistent with the goals and objectives of the City's General Plan. Therefore, the project is not expected to have any cumulatively considerable impacts. c) No Impact. As demonstrated throughout this Initial Study, the proposed project will not have any significant effects considered cumulatively considerable. d) No Impact. As demonstrated throughout this Initial Study, the Code Amendment does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 31 ATTACHMENT B RESOLUTION NO. 4091 RESOLUTION NO. 4091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ORDINANCE 1354 (CODE AMENDMENT 08-001) ADDING PART 6 TO CHAPTER 2 OF ARTICLE 9 AND AMENDING TUSTIN CITY CODE SECTIONS 9221 to 9228, 9231 to 9235, 9241, 9242, 9271, 9297, AND 9299 RELATING TO OFF-STREET PARKING REGULATIONS. The Planning Commission does hereby resolve as follows: A. That the proposed amendment to the Tustin City Code is necessary to strengthen, clarify, and consolidate City of Tustin off-street parking standards and parking design guidelines. B. That the proposed code amendment is regulatory in nature and would provide for more comprehensive implementation and enforcement of parking requirements and standards. C. That the City of Tustin has a substantial interest in protecting the aesthetic appearance, public health and safety, and harmony of the community by providing strengthened, clarified, and consolidated off-street parking requirements and standards that address off-street vehicle storage, parking availability, driveway design, and parking locations on private property. D. That on October 16, 2007, and March 18, 2008, the Tustin City Council held public workshops on the issues related to on-street parking and concluded that it was in the community's interest to ensure that available off-street parking was utilized and maintained. E. That on May 27, 2008, a public hearing was duly noticed, called, and held on Code Amendment 08-001 by the Planning Commission. F. That the proposed amendment is considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA"). The City of Tustin prepared an Initial Study and Draft Negative Declaration. The Draft Negative Declaration was made available for public review between May 19, 2008, to June 9, 2008. The City Council will consider the Draft Negative Declaration at the July 1, 2008 public hearing. G. That the proposed code amendment is reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. H. That the proposed amendment is consistent with the Tustin General Plan in that it complies with the following goals and policies: Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; Policy 4.3: Where mixed uses are permitted, ensure compatible integration of adjacent uses to minimize conflicts. Resolution No. 4091 Page 2 Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods and safeguard neighborhoods from intrusion by non-conforming and disruptive uses. Policy 5.6: Promote vigorous enforcement of City codes, including building, zoning, and health and safety, to promote building and property maintenance. Prioritize the Southwest area of the City for code enforcement. Policy 6.12: Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 27th day of May, 2008. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE City of Tustin I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California, that Resolution No. 4091 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of May, 2008. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT C DRAFT ORDINANCE NO. 1354 ORDINANCE NO. 1354 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADDING PART 6 TO CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING OFF- STREET PARKING REQUIREMENTS TO ENSURE THAT SUFFICIENT OFF-STREET PARKING FACILITIES ARE PROVIDED FOR ALL USES AND THAT PARKING FACILITIES ARE PROPERLY DESIGNED AND MAINTAINED, AND AMENDING TUSTIN CITY CODE SECTIONS 9221 TO 9228, 9231 TO 9235, 9241, 9242, 9271, 9297, AND 9299. The City Council of the City of Tustin does hereby ordain as follows: Section I. The City Council finds and determines as follows: A. That the proposed amendment to the Tustin City Code is necessary to strengthen, clarify and consolidate City of Tustin off-street parking standards and parking design guidelines. B. That the proposed code amendment is regulatory in nature and would provide for more comprehensive implementation and enforcement of parking requirements and standards. C. That the City of Tustin has a substantial interest in protecting the aesthetic appearance, public health and safety, and harmony of the community by providing strengthened, clarified, and consolidated off-street parking requirements and standards that address off-street vehicle storage, parking availability, driveway design, and parking locations on private property. D. That on October 16, 2007, and March 18, 2008, the Tustin City Council held public workshops on the issues related to on-street parking and concluded that it was in the community's interest to ensure that available off-street parking be utilized and maintained. E. That on May 27, 2008, a public hearing was duly noticed, called, and held on Code Amendment 08-001 by the Planning Commission. F. That the proposed amendment is considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA"). G. That the proposed code amendment is reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. H. That the proposed amendment is consistent with the Tustin General Plan in that it complies with the following goals and policies: Goal 4: Assure a safe, healthy, and aesthetically pleasing community for residents and businesses; Policy 4.3: Where mixed uses are permitted, ensure compatible integration of adjacent uses to minimize conflicts. Draft Ordinance 1354 CA 08-001 Page 2 Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods, and safeguard neighborhoods from intrusion by non-conforming and disruptive uses. Policy 5.6: Promote vigorous enforcement of City codes, including building, zoning, and health and safety, to promote building and property maintenance. Prioritize the Southwest area of the City for code enforcement. Policy 6.12: Review and revise, as necessary, the City's development standards to improve the quality of new development in the City and to protect the public health and safety. Section II. Article 9 of the Tustin City Code is hereby amended to read as follows: The following sections are hereby repealed in their entirety: 9221 a1.(i) 9225a1.(h) 9228b5.Q) 9234b(h) 9221 a1.(j) 9225a2.(i) 9228c7. 9234c(2)(a) 9221 b1.(h) 9225a2.(j) 9228c8. 9234c(2)(b) 9222a 1. (i) 9225b 1. (i) 9231 b7. 9234d(g ) 9222a1.(j) 9225b1.(j) 9231 b8. 9234d(h) 9222a5.Q) 9225b2.(g) 9231 b9. 9234e(1)(h) 9222a5.(k) 9225b2.(k) 9231 c1.(c) 9234e(1)(i) 9222b1.(h) 9226a1.Q) 9231 c1.(e) 9235f(3) 9223a1.(i) 9226a1.(k) 9232b(b)(1) 9235f(9) 9223a1.(j) 9226a2.(j) 9232b(j)(6) 9241 c(h) 9223a6.(j) 9226a2.(k) 9232b(k)(7) 9241c(i) 9223a7.(j) 9226b2.(h) 9232b(k)(8) 9241 c(j) 9223a7.(k) 9226b2.(i) 9232b(I)(1) 9242c(c) 9223b1.(h) 9226b3.(h) 9232c(2)(f) 9242c(d) 9224b7.(Off-street 9226b4.(h) 9232c(2)(g) 92718 parking) 9226b4.(i) 9233b(6) 9271 k 9224e6. 9226b5.(g) 9233b(7) 9271 n(6) 9224e7. 9226b5.(j) 9233c(d)(1) 9271 as 9224e8. 9227b6. 9233c(m)(6) 9271 bb 922487. 9227b12. 9233c(m)(10) 922489. 9228b4.(g) 9233d(2) 9225a1.(g) 9228b5.(g) 9234b(g) Section 9297 definitions regarding "Carport," "Driveway," "Garage, Private," and "Parking Space," are hereby repealed in their entirety. Draft Ordinance 1354 CA 08-001 Page 3 Section 9231d1. is hereby amended to read as follows: 1. Professional, instructional, motivational and/or seminar schools Section 9232c(1) is hereby amended to read as follows: (1) None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas. Section 9233d(1) is hereby amended to read as follows: (1) As specified in section 9233b above, unless otherwise indicated; w+tyafd Section 9235d(4) is hereby amended to read as follows: (4) None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas. Section 9242b(h) is hereby amended to read as follows: (h) Professional, instructional, motivational and/or seminar schools. • , Section 9299b(1)(h) is hereby amended to read as follows: (h) An increase of not more than ten {~ percent 1( 0%) in the maximum permitted d~er~ay~s driveway area within the front yard setback for residential districts or the front yard for commercial and industrial districts. (i) A decrease in the number of required off-street parking spaces for residential land uses by a maximum of one parking space. When a second residential unit is being added under the provisions of Section 9222 or 9223 parking shall be in accordance with the requirements of those sections. Draft Ordinance 1354 CA 08-001 Page 4 Section 9299c(3)(a) is hereby amended to read as follows: (a) Minor adjustments shall be granted only when such adjustments are found to be in conformance with the General Plan and when, because of special circumstances applicable to the property, including size, shape, topography, or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Any minor adjustment granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. Minor adjustment to reduce the required amount of nonresidential parking shall be granted only when, in addition to the findings in Section 9299c(3)(a) above, the following findings can also be made: (~~ The intent of the parking regulations is preserved; (~~ The parking provided will be sufficient to serve the use intended and potential future uses of the same site; and (~~ The adjusted decrease in the number of parking spaces shall not be detrimental to the public health, safety or general welfare or materially injurious to properties located in the general vicinity. (2) Minor adjustment to reduce the required amount of residential parking shall be granted only when, in addition to the findings in Section 9299c(3)(a) above, the findings in Section 92646 can also be made Part 6 is hereby added in its entirety to Article 9, Chapter 2 of the Tustin City Code to read as follows: PART 6 0FF-STREET PARKING 9260 -Purpose 9261 -Applicability 9262 -General Parking Regulations 9263 -Off-Street Parking Required 9264 -Reduction of Off-Street Parking Requirements 9265 -Transportation Demand Management (TDM) 9266 -Development Standards for Off-Street Parking 9267 -Driveways and Site Access 9268 -Off-Street Loading Space Requirements 9269 -Definitions 9260 -Purpose Draft Ordinance 1354 CA 08-001 Page 5 The purpose and intent of this Chapter is to ensure that sufficient off-street parking facilities are provided for all uses and that parking facilities are properly designed and maintained. 9261 -Applicability Except as otherwise provided in this section, every use, including a change or expansion of a use or structure shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this Section. A use shall not be established and structures shall not be occupied until improvements required by this Section are satisfactorily completed. A. Section 9251: Combined Parking District (P) standards shall take precedence where applicable. B. Section 9252: Cultural Resources District (CR) standards shall take precedence where applicable. C. Standards established in an adopted Specific Plan, Planned Community, Development Agreement, or similar governing document, shall take precedence where applicable. 9262 -General Parking Regulations A. Minimum Parking Requirements: 1. There shall be provided at the time of establishment of use and/or occupancy of any building or structure a minimum number of off-street parking and loading spaces as hereinafter required in this chapter for said use, building and/or structure with adequate provision for safe ingress and egress. 2. Parking and loading spaces provided shall be designed in conformance with this section. 3. Parking and loading spaces may not be located within any front or side setback area, except as provided in this Code. 4. Parking of vehicles on an unpaved surface is prohibited, except when approved by a Temporary Use Permit. B. Availability: 1. Required off-street parking areas and access ways shall be made permanently accessible, available, marked and maintained for the purposes of temporary vehicle parking and access only. Required parking and access ways shall not be: a. Rented, let, or used for storage of property, or to park a vehicle, boat, camper or recreational vehicle, or otherwise block in any manner that would impede access to or use of any required parking space for the temporary parking of Draft Ordinance 1354 CA 08-001 Page 6 vehicles. A vehicle parked on private residential property belonging to or occupied by the owner of such vehicle for the purpose of temporarily displaying them for sale shall be exempt from this prohibition, provided such temporary display does not exceed 90 days in any calendar year. b. Used for overnight parking, except on residentially zoned or used properties. 2. Required residential parking spaces shall be subject to the following: a. Residents shall not store or park any non-motorized vehicles in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs. b. Residents shall park vehicles in garage spaces. Storage of personal items may occur in the garages only to the extent that vehicles may still be parked within the required garage spaces. 3. Required non-residential parking spaces shall be permanently available for tenants, employees, customers and guests having lawful reason to be at the premises for which the parking is required. In the absence of prior approval from the Community Development Director, it is unlawful for any owner, lessee, tenant, or any persons having control of the operation of the premises to prevent, prohibit, or restrict authorized persons from using the required parking. C. Maintenance: It shall be the duty of the property owner to maintain and repair required parking areas and associated improvements in accordance with this Code and any other conditions imposed at the time of approvaC. Parking spaces, driveways, maneuvering aisles, paving, light standards, walls, turnaround areas, landscaping and other improvements shall be maintained in a good condition and be free of debris, graffiti, and litter. 9263 -Off-Street Parking Required Each land use shall provide at least the minimum number of off-street parking spaces required by this Section, except where a greater number of spaces are required through a land use entitlement approval or where an exception has been granted in compliance with Section 9264 (Reduction of Off-Street Parking Requirements). A. Expansion of any structure or change in use. When a structure is enlarged or increased in capacity or intensity, or when a change in use requires more off-street parking, additional parking spaces shall be provided for the proposed change in compliance with this Section. B. Mixed-use/multi-tenant developments. Whenever two (2) or more uses identified in this chapter exist within separate tenant spaces on the same site or within the same building: 1. The number of parking spaces required of each separate tenant space shall be determined separately at the rates established in this chapter for each use. Draft Ordinance 1354 CA 08-001 Page 7 2. Except as provided in section 9263.B.3. below, parking for ancillary activities or uses within all zoning classifications shall be provided at the parking ratio required of the primary use. 3. Within the PM and M zoning classifications, ancillary activities or uses within a single tenant space not exceeding ten (10) percent of the tenant's gross floor area shall be calculated at the parking ratio of the primary use. Parking required for activities or uses within a single tenant space that exceed ten (10) percent of the gross floor area of the tenant space shall be determined separately at the rates established in this chapter for each use. C. Uses not listed. Uses not specifically listed in Section 9263.G (Table 1) shall provide parking as required in a written determination by the Community Development Director on the basis of the requirements for similar uses. The Community Development Director shall use the requirements of Section 9263.G as a general guide in determining the minimum number of off-street parking spaces to be provided. D. Gross Floor Area. Gross floor area shall be used as a basis for calculating the number of parking spaces required in this section. Gross floor area shall be measured as the area bounded by the outer face of exterior walls including auxiliary common areas such as a hallway, lobby, and restroom. E. Rounding of quantities. When calculating the number of parking spaces required, any fractional space shall be rounded up to the next whole number. F. Company-owned vehicles. The number of parking spaces required by this Section does not include spaces for company-owned vehicles. Parking spaces for company- owned vehicles shall be provided in addition to the number of parking spaces required for the primary use. G. Parking requirements by land use. The minimum number of parking spaces to be provided for each use shall comply with Table 1. TABLE 1 PARKING REQUIREMENTS BY LAND USE Land Use Type Parking Spaces Required Manufacturing and Processing General manufacturing, industrial 1 space for each 500 sq. ft. of gross floor uses area, but not less than 2 spaces/3 employees on maximum shift Research and development, 1 space for each 500 sq. ft. of gross floor laboratories area, but not less than 2 spaces/3 employees on maximum shift Draft Ordinance 1354 CA 08-001 Page 8 TABLE 1 PARKING REQUIREMENTS BY LAND USE Land Use Type Parking Spaces Required Warehouses and storage facilities 1 space for each 1,000 sq. ft. of gross floor for the first 20,000 sq. ft. of gross floor area and 1 space for each 2,000 sq. ft. of gross floor area for the next 20,000 sq. ft.; and 1 space for each 4,000 sq. ft. thereafter, but not less than 2 spaces/3 employees on maximum shift Wholesale operations not used 1 space for each 1,000 sq. ft. of gross floor exclusively for storage area, less that area devoted to office or sales, which shall be 1 space for each 250 sq. ft. of gross floor area Recreation, Education, Public Assembly Adult day care centers 1 space for each employee on maximum shift, plus 1 space for each 5 clients at maximum enrollment Child day care centers 1 space for each employee and teacher on maximum shift, plus 1 space for each 5 children at maximum enrollment Cinemas, movie theaters 1 space for each 3 seats Commercial trade or business 1 space for every 3 students at maximum schools, instructional capacity of each classroom, plus one space for each faculty member and employee Golf courses 6 spaces for each hole; plus additional spaces for other related uses on the site Driving ranges 1 space for each tee Miniature golf courses 3 spaces for each hole Indoor recreation/fitness centers Arcades 1 space for each 200 sq. ft. of gross floor area Bowling alleys 5 spaces for each lane, plus required spaces for ancillary uses Health/fitness clubs 1 space for each 150 sq. ft. of gross floor area, including swimming pool area Pool and billiard rooms 2 spaces for each table, plus required spaces for ancillary uses Skating rinks 1 space for each 100 sq. ft. of gross floor area for public use, plus required spaces for ancillary uses Large family day care homes 1 space for each nonresident employee, in addition to the required residential spaces, plus adequate drop-off area as approved by the Community Development Director Draft Ordinance 1354 CA 08-001 Page 9 TABLE 1 PARKING REQUIREMENTS BY LAND USE Land Use Type Parking Spaces Requt""red Libraries, museums, art galleries 1 space for each 300 sq. ft. of gross floor area Performance theaters, meeting 1 space for each 3 fixed seats; or if no fixed halls and membership seats are provided, 1 space for every 35 sq. organizations ft. of gross assembly or viewing area Places of assembly not specified 1 space for each 3 fixed seats; or if no fixed elsewhere seats are provided,1 space for every 35 sq. ft. of gross assembly area, classrooms, meeting rooms, etc., based on the most intense simultaneous use Schools (Private) Elementary, 1 space per 3 students, plus adequate drop Middle, and High Schools off/loading area as approved by the Community Development Director Colleges/Universities 1 space per 3 students Studios for dance, art, martial arts, 1 space for each instructor plus 1 space for one-on-one personal fitness each 3 students present at any one time Tennis /racquetball /handball or 1.5 spaces for each court, plus 1 space for other courts each 250 sq. ft. of indoor gross floor area excepting the court area, plus as required for ancillary uses Residential Uses Dormitories, fraternities, sororities, 1 space for each 2 beds and rooming/boarding houses Duplex housing units (not within a 2 spaces, within a garage, for each unit plus multi-family complex) 1 space for open, unassigned guest parking per 4 dwelling units Mobile homes (in mobile home 2 covered spaces for each mobile home parks) (tandem parking permitted in an attached carport), plus 1 guest parking space for each 10 units Multi-family housing 2 covered spaces for each dwelling unit, plus 1 unassigned guest space for every 4 units Second residential units 2 spaces, within a garage, in addition to that required for the primary single-family unit Senior citizen congregate care 1 space for every 4 beds housing Senior citizen multi-family housing 1 space for each unit with 50% of the spaces as covered spaces, plus 1 guest parking space for each 10 units Single-family housing 2 spaces, within a fully enclosed garage, for each unit with 4 or fewer bedrooms, and 3 spaces, within a fully enclosed garage, for each unit with 5 or more bedrooms. Draft Ordinance 1354 CA 08-001 Page 10 TABLE 1 PARKING REQUIREMENTS BY LAND USE Land Use Type Parking Spaces Required Retail Trade Automobile parts and supplies, 1 space for each 400 sq. ft. of gross floor including mobile home and vehicle area machinery Banks and financial services 1 space for each 250 sq. ft. of gross floor area Building materials, hardware 1 space for each 250 sq. ft. of indoor display stores, and plant nurseries area, plus 1 space for each 1,000 sq. ft. of outdoor display area Convenience stores 1 space for each 250 sq. ft. of gross floor area Nightclubs and dance halls 1 space for each 7 sq. ft. of dance floor area, plus 1 space for every 35 sq. ft. of additional gross floor area Restaurants, cafes, cafeterias, 1 space for each 100 sq. ft. of gross floor lounges, or similar establishments area, plus minimum 7 car stacking space for for the consumption of food and drive-through beverages on the premises Restaurants, delicatessens; take 1 space for each 250 sq. ft. of gross floor out only and includes ancillary area, plus minimum 7 car stacking space for uses drive-through Retail stores: General 1 space for each 250 sq. ft. of gross floor merchandise area Retail stores: Appliance, furniture, 1 space for each 500 sq. ft. of gross floor and bulk good stores area Service Uses Hotels and motels 1 space for each guest room, plus 1 space for each 2 employees on largest shift, plus requirements for related commercial uses, plus 1 space for each 50 square feet of gross floor area for assembly or conference rooms. Kennels and animal boarding 1 space for each 500 sq. ft. of gross floor area, plus 1 space for each employee Laundromats 1 space for every 3 washing machines or one space for each 250 sq. ft. of gross floor area, whichever is greater Medical services Clinics, medical/dental 1 space for each 250 sq. ft. of gross floor offices area for the first 4,000 sq. ft. of medical space within a building or center; and 6 spaces for each 1,000 sq. ft. of gross floor area in excess of 4,000 square feet. Draft Ordinance 1354 CA 08-001 Page 11 TABLE 1 PARKING REQUIREMENTS BY LAND USE Land Use Type Parking S aces Required Extended care (elderly, 1 space for each 4 beds the facility is skilled nursing facilities, licensed to accommodate etc. ) Hospitals 2 spaces for each patient bed the facility is licensed to accommodate, plus required spaces for ancillary uses as determined by the review authority Medical/dental labs 1 space for each 300 sq. ft. of gross floor area Offices, administrative, corporate 1 space for each 250 sq. ft. of gross floor area for the first 25,000 sq. ft. and 1 space for each 300 sq. ft. thereafter Pet grooming 1 space for each 400 sq. ft. of gross floor area Personal services Barber/beauty shops (and 1 space for each 250 sq. ft. of gross floor other personal services: area tattoo studios, massage therapy and body piercing) Service stations 1 space for each pump island, plus 4 spaces for each service bay, plus additional spaces for accessory uses Storage, personal self-storage 1 space for each 2,000 sq. ft. of gross floor facilities area, plus 2 spaces for a resident manager Vehicle repair and maintenance Auto Repair 4 spaces for each service bay, plus adequate queuing lanes for each bay Car washes-self serve 2.5 spaces for each washing stall, for queuing and drying Car washes-full serve 10 spaces, plus 10 spaces for each wash lane for drying area, plus queuing area for 5 vehicles ahead of each lane Veterinary clinics and hospitals 1 space for each 250 sq. ft. of gross floor area for the first 4,000 sq. ft. of medical space within a building or center; and 6 spaces for each 1,000 sq. ft. of gross floor area in excess of 4,000 square feet. Video rental 1 space for each 250 sq. ft. of gross floor area H. Disabled/Handicapped Parking Requirements. Parking areas shall include parking spaces accessible to the disabled in the following manner: Draft Ordinance 1354 CA 08-001 Page 12 1. Number of spaces and design standards. Parking spaces for the disabled shall be provided in compliance with the accessible parking requirements contained in the California Building Code. 2. Reservation of spaces required. Disabled accessible spaces required by this Section shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use. 3. Upgrading of markings required. If amendments to State law change standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces within the City shall be upgraded in compliance with the new State standards. Upgrading shall be completed by affected property owners within 60 days of their being notified in writing by the City of new State standards, or within a time period and in a manner prescribed by State law. 4. Fulfilling of requirements. Disabled accessible parking spaces required by this Section shall count toward fulfilling off-street parking requirements. 9264 -Reduction of Off-Street Parking Requirements A. Joint use of parking areas. With the approval of a Conditional Use Permit, parking facilities may be used jointly for nonresidential uses with different peak hours of operation. Requests for a minor Conditional Use Permit for shared parking shall meet all of the following requirements: A parking study prepared by a California licensed traffic engineer or civil engineer experienced in the preparation of such study shall be submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint use is proposed. The methodology to be used in preparing the study shall be that promulgated by the Institute of Transportation Engineers (ITE); 2. The number of parking spaces which may be credited against the requirements for the structures or uses involved shall not exceed the number of spaces reasonably anticipated to be available during different hours of operation; 3. Parking spaces designated for joint use shall be located so that they will adequately serve the uses for which they are intended; 4. A written and recorded agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements. 5. Zoning Administrator approval of a minor Conditional Use Permit is required for parking areas serving structures totaling less than 30,000 square feet. Planning Commission approval of a Conditional Use Permit is required for all other parking areas with joint-use parking. Draft Ordinance 1354 CA 08-001 Page 13 B. Historic Resource Residential Parking. When associated with a recognized historic resource, as identified in this section, the number of required off-street parking spaces may be decreased by a maximum of one parking space upon Zoning Administrator approval of a minor adjustment per Section 9299 (Zoning Administrator). Approval of a minor adjustment can be made when the following circumstances are found to apply: The adjusted decrease is for parking that serves a residence that is currently listed or is qualified to be listed in the City's Historical Resources Survey. 2. A minimum one-car garage is provided on-site. 3. Providing a new garage space or access to a new garage could result in the significant alteration or demolition of any historic structure or resource listed in the City's Historical Resources Survey. 4. New increases in square footage would not exceed 150°/a of the square footage of the structure that legally existed as of the date of adoption of this Ordinance; and, the total gross floor area of the residence does not exceed 2,000 square feet, including any detached habitable space (e.g. guest house, etc.). 5. The required number of parking spaces can be accommodated off-street outside of a fully enclosed garage within an existing legal driveway, tandem space, carport, etc. 6. The adjusted decrease is granted as a means to preserve the integrity of the historic structure. 7. That the design of the modification to the historic resource will be a positive contribution to the community. 8. The adjusted decrease is not associated with the addition of a second residential unit as authorized in Sections 9222 and 9223 of this code. C. Reduction in parking due to American Disabilities Act (ADA) upgrade. When required solely as a need to upgrade existing parking facilities to comply with Title 24, Title III and California Code of Regulations (CCR), or other California Access Codes or requirements, the total number of required parking spaces may be reduced at the discretion of the Community Development Director. The property owner shall demonstrate that by bringing the site into conformity with the Federal ADA, required non-accessible parking spaces will be unavoidably lost and shall submit a parking lot site plan that clearly identifies the entire onsite parking area showing that the loss of required non-accessible parking spaces is unavoidable by parking space redesign. The Community Development Director may require appropriate parking lot redesign options that maintains any portion of the number of required non-accessible parking spaces. Draft Ordinance 1354 CA 08-001 Page 14 9265 -Transportation Demand Management (TDM) Where applicable, transportation management plans shall be prepared for review and approval in compliance with the City's TDM Ordinance (Article 9, Chapter 9 of the Tustin City Code) or by the Air Quality Management District. Compliance and enforcement provisions of the City's TDM Ordinance shall apply. 9266 -Development Standards for Off-Street Parking Off-street parking areas shall be provided incompliance with the following standards. A. Access. Access to off-street parking areas shall be provided in the following manner: 1. Parking areas shall provide adequate maneuvering room so that vehicles enter an abutting street or alley in a forward direction. Single family residential uses shall be excluded from this requirement except when driveways take access from a designated major arterial highway; 2. All parking spaces shall have a minimum seven (7) foot vertical clearance. The front three (3) feet of a parking space in an enclosed garage or carport in a residential zone, however, may have a vertical clearance of four (4) feet to allow for enclosed storage to be provided above a vehicle's hood (See Figure 1 }. B. Location, Non-Residential. Off-street parking areas shall be located in the following manner: 1. Parking spaces shall be permanently accessible. 2. Required parking spaces shall be located on the same parcel or center as the activities or uses served, except that required parking spaces may be located within 500 feet of the parcel served if subject to a recorded covenant running with the land, subject to City Attorney approval, that shall be recorded against the affected parcel by the owner of the parking lot guaranteeing to the City that the required parking spaces will be maintained for the use or activity served. 3. Off-street parking spaces shall not be located within a front or street side setback area unless approved through a Conditional Use Permit. 4. Car pool and bicycle spaces shall be located as close as practical to the entrance(s) of the use they are intended to serve. Spaces shall be situated so that they do not obstruct the flow of pedestrians at entrances or sidewalks. C. Location, Residential. Parking in residential zoning districts shall comply with the following regulations: 1. Automobiles shall not be parked between the street property line and the front or side of the residential unit except on a legal driveway, parking space, garage or carport approved by the City. Draft Ordinance 1354 CA 08-001 Page 15 2. Storage of a recreational vehicle is prohibited except when located outside of any required front and side yard setbacks, on a paved surface, and fully screened from view from the public right-of-way by a wall or fence to a minimum height of six feet and landscaping in a manner approved by the Community Development Director. No habitation is allowed at any time. 3. Recreational vehicles may be temporarily parked on driveways in front of residences for not more than 48 continuous hours within any seven (7) consecutive day period of time for the purpose of loading and unloading only. 4. In multi-family residential developments, parking shall only be permitted in designated parking spaces approved by the City. 5. Fabric, plastic or other temporary shade structures designed or utilized for sheltering vehicles or parking purposes are prohibited. 6. No commercial or commercially licensed vehicle shall be stored on any residentially zoned or used property. No commercial or commercially licensed vehicle with a gross vehicle weight of over 12,000 pounds is allowed to be parked on any residentially zoned or used property or on any private residential street. D. Parking space design and dimensions: 1.. Residential uses. Minimum parking dimensions shall be as indicated in Table 2 and as illustrated by Figure 2. TABLE 2 MINIMUM PARKING STAI I ANn I nT nlnnFN~intic _ r~~cin~nrriei i ice Standard Stall T e of Stall Len th/VVidth Door O enin Covered Space ara a/car ort 20 feet/10 feet, inside dimensions 8 feet min (single car opening) 16 feet min two-car o enin Standard S ace S aces shall conform to the standards in Table 3. a. Compact stalls shall not be allowed as required parking for residential uses. 2. Nonresidential uses. Minimum parking dimensions shall be as indicated in Table 3 and as illustrated by Figures 3, 4, 5, 6, and 7. TABLE 3 MINIMUM PARKING STALL AND LOT DIMENSIONS - NONRFSII~FNTIAI 11~F~ Standard Stall T e of Still Len. th/Vl/idth Standard 19 feet/9 feet Compact 17 feet/8 feet Draft Ordinance 1354 CA 08-001 Page 16 One Way Traffic and Sinale Loaded Aisles in Parkina Lot Parking angle de rees Stall depth, with bumper overhang Aisle width (travel lane) Total bay depth 30 17 feet 4 inches 11 feet 28 feet 4 inches 45 19 feet 10 inches 13 feet 32 feet 10 inches 60 21 feet 18 feet 39 feet 75 20 feet 7 inches 21 feet 11 inches 42 feet 6 inches 90 19 feet 25 feet 44 feet One Way Traffic and Double Loaded Aisles in Parkina Lot Parking angle de rees Stall depth, with bumper overhang Aisle width (travel lane) Total bay depth 30 17 feet 4 inches _ 11 feet 45 feet 7 inches 45 19 feet 10 inches 13 feet 52 feet 7 inches 60 21 feet 18 feet 60 feet 75 20 feet 7 inches 21 feet 11 inches 63 feet 1 inch 90 19 feet 24 feet 62 feet Two Way Traffic and Double Loaded Aisles in Parkina Lot Parking angle d rees Stall depth, with bumper overhang Aisle width (travel lane) Total bay depth 30 17 feet 4 inches 24 feet 58 feet 8 inches 45 19 feet 10 inches 24 feet 63 feet 8 inches 60 21 feet 24 feet 66 feet 75 20 feet 7 inches 24 feet 65 feet 2 inches 90 19 feet 24 feet 62 feet a. Aisle width for internal circulation. The minimum aisle width for two-way traffic with no parking spaces is 20 feet and minimum 12 feet for one-way traffic and no parking spaces. b. Parallel parking spaces. Parallel parking spaces shall have minimum width of 9 feet and a minimum length of 22 feet as shown in Figure 8. c. Drainage. Off-street parking/loading areas shall be designed and constructed to ensure that surface water will not drain over sidewalks or adjacent parcels. Surface water shall be directed to landscape areas or bio-filtration planters and shall not be directed onto adjacent paved areas. Parking area design must comply with the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. d. Compact parking spaces. Compact car spaces may be provided as follows: Compact car parking spaces may be provided in addition to and not in lieu of required parking. Draft Ordinance 1354 CA 08-001 Page 17 2. Each compact space shall be clearly marked as a compact space in letters not less than 12 inches high and 7 inches wide, reading "Compact" or as otherwise allowed by code. 3. Compact parking spaces shall be located along the perimeter of parking areas, away from any entrance to buildings and uses. e. Wheel stops/curbing. Wheel stops or concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to walkways, fences, walls, property lines, landscaped areas and structures. f. Overhang. Parking stalls and wheel stops may be designed to allow a vehicle to overhang into landscaped areas a maximum of two (2) feet. A vehicle overhang shall not encroach into any walk way, drive aisle or other path of travel. g. Access. Any intersecting drive aisle shall not be located within 20 feet of a vehicular entrance, measured from the property line, except for single-family homes and duplexes. See Figure 9 (Access to Parking Spaces). E. Landscaping. 1. A minimum of five (5) percent of the interior parking lot area shall be permanently landscaped. The area of the parking lot shall be computed by adding areas used for access drives, aisles, stalls, and maneuvering. Required setback or buffer areas between the parking lot and property lines shall not be counted towards satisfying the parking lot landscape requirement. 2. Perimeter parking lot landscaping shall be designed and maintained to screen cars from view from the street to a height of 30 inches to 42 inches. Screening materials may include a combination of plant materials, earth berms, solid masonry walls, raised planters, or other screening devices which meet the intent of this requirement. Trees shall be provided in these locations at a rate of one for every 20 lineal feet of landscaped area. Plant materials, signs, or structures within a traffic safety sight area of a driveway shall not exceed 24 inches in height. 3. Areas within the parking lot that are not used for parking or other approved uses shall be landscaped. 4. At least one (1) twenty-four (24) inch box tree for every six (6) parking spaces shall be included in the development of the landscape program for the site. Trees must be dispersed throughout the parking lot and shall be planted in locations that do not conflict with vehicle or pedestrian movement and access. 5. A permanent and automatic irrigation system shall be installed and maintained in all landscaped areas to insure proper maintenance of plant materials. Draft Ordinance 1354 CA 08-001 Page 18 6. A six (6) foot eight (8) inch high decorative masonry wall shall be provided along the property line where a parking area, driveway, or vehicle turning area on a non-residentially zoned parcel abuts a residentially zoned parcel. Within a required front yard, the wall shall not exceed three (3) feet in height subject to visual clearance requirements at driveways. The Community Development Director may waive or modify this requirement to protect the visual clearance of adjacent residences or where screening is not necessary due to existing grade differentials or other reasons deemed acceptable by the Community Development Director. F. Lighting. Parking facilities shall provide lighting in compliance with the requirements of Tustin City Code Section 4101, and other applicable requirements. G. Design for carports and garages. 1. Carports/covered parking shall have a solid roof structure that completely covers a carport parking stall. Lockable storage space of at least 90 cubic feet shall be provided in carports and shall be designed and maintained so as not to obstruct vehicle access to the required parking space (see Figure 1). Carports shall be screened from public view by a solid wall. 2. Garages shall be completely enclosed on all sides, have a solid roof and a lockable door. H. Residential guest parking. Off-street guest parking in residential zoning districts shall be designated and restricted, with appropriate signs/pavement markings, for the exclusive use of the guests. Shopping cart storage. Shopping cart storage areas shall not be located within required parking spaces. J. Striping and identification. Parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. If double stripes are used, parking space widths shall be measured from the center of the double stripes. The Community Development Director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility. 2. Parking spaces for the disabled and compact spaces shall be striped and signed in compliance with applicable State standards and as contained in this chapter. 3. Parking spaces provided for motorcycle use only shall have bollards installed and be appropriately spaced to prevent automobile usage of the motorcycle area. Motorcycle spaces shall be marked so that they can be clearly identified for motorcycle use only. Draft Ordinance 1354 CA 08-001 Page 19 K. Tandem parking. Except as otherwise permitted in this chapter, tandem parking shall be prohibited. L. Valet parking. Valet parking may be allowed subject to the approval of a Conditional Use Permit and that adequate drop-off area is provided. Tandem parking in conjunction with valet parking may be allowed subject to plan approval through a Conditional Use Permit. M. Interpretations. The parking lot design standards may be interpreted by the Community Development Director for conditions not already specified in this section. 9267 -Driveways and Site Access A. Driveways for Residential Uses. 1. The driveway width within the front yard setback shall be a minimum of 12 feet and a maximum of 24 feet; if the garage or carport is designed for three or more vehicles, the driveway width within the front yard setback shall be a minimum of 12 feet and a maximum of 30 feet. For lots at the ends of cul-de-sacs with lot frontages of less than 40 feet, the parking and driveway areas within the front yard setback shall not exceed 75 percent of the total front yard setback. The total width may be divided for properties with two driveways. 2. Circular driveways shall have a minimum outside radius of twenty-five (25) feet. 3. Detached single family residential unit parking and driveway areas within the front yard setback shall be separated with a minimum of a three foot landscape area between the parking or driveway area and the adjacent side or rear property line. 4. A driveway leading to a parking area for a dwelling unit located on a flag lot may be located, in part, on the stem of a contiguous flag lot and may, in part, be a common driveway which provides access to more than one dwelling unit. 5. Paved areas (e.g., parking of vehicles or providing pedestrian access to the residence) may be provided within the front yard setback of residential districts if the total paved area does not exceed 50 percent of the total front yard setback area, the parking of vehicles does not obstruct ingress and egress to required parking, and all of the requirements of this Zoning Code can be met. 6. Where garages face each other and are separated by a shared driveway, the minimum driveway width shall be 26 feet. See Figure 10 (Minimum Driveway Width for Garages with Shared Driveway). B. Driveways for Commercial and Industrial Districts. One-way driveways within the front yard area shall have a minimum width of 14 feet and a maximum width of 20 feet. Two-way driveways within the front yard area shall have a minimum width of 24 feet and a maximum width of 35 feet. Draft Ordinance 1354 CA 08-001 Page 20 C. Paved areas. Paved areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed. Unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition. 9268 -Off-Street Loading Space Requirements A. Number of loading spaces required. Off-street loading spaces shall be provided as identified in Table 4, below: TABLE 4 REQUIRED LOADING SPACES Type of Land Use Total Gross Floor Area Loading Spaces Re wired Industrial, manufacturing, 5,000 to 19,999 s . ft. 1 research and 20,000 to 39,999 s . ft. 2 development, and 40,000 to 79,000 s . ft. 3 institutional uses 80,000 sq. ft. and over 4 plus 1 space for each additional 50,000 s . ft Office, hotels, hospitals 5,000 to 49,999 s . ft 1 and other non-goods 50,000 to 99,999 s . ft. 2 handling uses 100,000 s . ft. and over 3 Retail stores, restaurants 5,000 to 14,999 s . ft. 1 and other goods handling 15,000 to 44,999 s . ft 2 uses 45,000 s . ft. and over 3 All nonresidential uses Less than 5,000 s . ft. 0 1. The number of loading spaces required is based on the total gross floor area of the entire center. Requirements for uses not specifically listed shall be determined by the Community Development Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use. B. Standards for off-street loading areas. Off-street loading areas shall be provided as follows. Dimensions. The acceptable dimensions of the required loading spaces shall be determined and approved through the Design Review process. 2. Lighting. Loading areas shall have lighting in compliance with city requirements. Draft Ordinance 1354 CA 08-001 Page 21 3. Loading doors and gates. Loading bays and roll-up doors shall be painted to be compatible with the color of the exterior structure wall(s) and be located on the rear of the structure away from public view. Loading bays and doors may be located on the side of a structure, away from a street frontage, where the Community Development Director determines that the bays, doors, and related tracks can be adequately screened from view. from adjacent streets. 4. Loading ramps. Plans for loading ramps and/or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, well, and overhead clearances when required by the Community Development Director. 5. Location. Loading spaces shall be located and designed to: a. Ensure that the loading facility is screened from adjacent streets as much as possible; b. Ensure that loading and unloading takes place on-site and in no case within adjacent public rights-of-way or other traffic areas on-site; c. Ensure that vehicular maneuvers occur on-site; and d. Avoid adverse noise impacts upon neighboring residential properties. 6. Screening. Loading areas abutting residentially zoned parcels shall be screened when required by the Community Development Director. 7. Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times. Draft Ordinance 1354 CA 08-001 Page 22 C. Figures 1. The figures in this section are a visual representation of the requirements provided in this chapter. FIGURE 1 VERTICAL CLEARANCE -PARKING SPACE IN ENCLOSED GARAGE OR COVERED PARKING 3 1 2 ~~ 0 CROSS-SECTION Figure 2: Vertical Clearance: Parking space in enclosed garage or covered parking 1. Minimum vertical clearance height - 7 feet 2. Minimum vertical clearance height at front of space - 4 feet 3. Maximum horizontal distance allowed for note 2 above - 3 feet Draft Ordinance 1354 CA 08-001 Page 23 FIGURE 2 MINIMUM GARAGE DIMENSIONS TWO-CAR GARAGE Figure 1: Minimum Garage Dimensions A. Two-car Garage 1. Interior width - 20 feet 2. Interior length - 20 feet 3. Door opening - 16 feet B. One-car garage or garage with separate openings and interior posts 4. Interior width for one-car space - 10 feet 5. Interior length for one-car space - 20 feet 6. Door opening - 8 feet Garage with separate openings and irrtertor posts. Draft Ordinance 1354 CA 08-001 Page 24 FIGURE 3 PARKING STALL DIMENSIONS STANDARD COMPACT SPACE SPACE ~ ~ ~ I ; 1 I ~ I ~ ~ s ~ I ~ -, I ~ 1 1 ~ 1 I ~ 4 1 I ~ I ~ I 2 ~ ~ I 1 I Figure 3: Parking Stall Dimension 1. Standard stall length - 19 feet 2. Standard stall width - 9 feet 3. Compact stall length - 17 feet 4. Compact stall width - 8 feet Draft Ordinance 1354 CA 08-001 Page 25 FIGURE 4 PARKING OVERHANG STANDARDS CONTINUOUS CURB -_.."" 0 O RUB WALKWAY 1 2 • ov~- PARKING STALL HNC' , n PERMANENT WHEEL STOPS I ~ °~'R~'~Oi`' O O II 1 2 OVER-HANG PARKING STALL Figure 4: Parking Overhang Standards WALL OR OTHER 1. Parking length - 17 feet minimum 2. Overhang length - 2 feet maximum Draft Ordinance 1354 CA 08-001 Page 26 FIGURE 5 SAMPLE PARKING LOT 90° -SINGLE DRIVE AISLE 8 6 6 3 ~~ 7 1 8 4 5 Figure 5: 90 degree -Single Drive Aisle 1. Stall dimensions: 9 feet by 19 feet 2. Drive aisles: 24 feet 3. Parking Bay (inside curbs): 62 feet minimum 4. Driveway in front yard area: 24 feet to 35 feet 5. First parking stall setback from front property line: 20 feet 6. Concrete curb: 6 inches high by 6 inches wide 7. Perimeter Wall: 6 feet 8 inches when adjacent to residential property or use 8. Planters: 1 tree per every six stalls Draft Ordinance 1354 CA 08-001 Page 27 Figure 6 SAMPLE PARKING LOT 90° -DOUBLE DRIVE AISLE SIDEWALK Figure 6: 90 degree -Double Drive Aisle 1. Stall Dimensions: 9 feet by 19 feet 2. Drive aisles: 24 feet 3. Tree wells: 1 tree per every 6 stalls 4. Parking bay: 62 feet 5. Interior circulation: 20 feet 6. Driveway in front yard area: 24 feet to 35 feet Draft Ordinance 1354 CA 08-001 Page 28 Figure 7 SAMPLE PARKING LOT 60° 5 n 1 ~j Q 5 b 3 2 2 4 3 4 ~4 Q g de e w Figure 7: 60 degree 1. Stall Dimensions: 9 feet by 19 feet. 2. Drive aisle width: One way - 18 feet Two way - 24 feet 3. Tree wells: every sixth stall, 4. Parking bay depth: One way - 60 feet Two way - 66 feet 5. Interior Circulation: One way - 12 feet Two way - 20 feet 6. Driveway in front yard area: One way - 14 feet to 20 feet Two way - 24 feet to 35 feet FIGURE 8 PARALLEL PARKING STANDARD SPACE Figure 8: Parallel Parking 1. Stall Length - 22 feet 2. Stall Width - 9 feet Draft Ordinance 1354 CA 08-001 Page 30 Figure 9 Access to Parking Spaces 1. Intersecting Drive Aisle: Minimum 20 feet setback Figure 10 Minimum Driveway Width for Garages with Shared Driveway 1. Driveway width: Minimum 26 feet Draft Ordinance 1354 CA 08-001 Page 31 9269 -Definitions The following terms as used in this chapter shall have the respective meanings as set forth except when the context clearly indicates otherwise. Carport. An attached or detached unenclosed building designed to shelter motor vehicles. Company-Owned Vehicles. Passenger, delivery, and/or other special purpose vehicles owned and operated by business establishments located at a site. Covered Space. A parking space located within any approved parking structure constructed with a solid roof that is designed and used primarily for the housing of vehicles. Driveway. A paved area of a lot located between the public right-of-way and the garage, carport, or required parking space designed and intended as an access way between a private or public road and the garage, carport, or required parking space. Floor Area, Gross. The sum of the horizontal areas of each floor of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings, but not including underground parking, uncovered steps or exterior balconies. Garage. A detached, accessory building or a portion of a main building on the same lot as a dwelling, used primarily for the housing of vehicles of the occupant of the dwelling, having a roof, and enclosed on at least three (3) sides, with the fourth side being a lockable door. .Parking Space. Accessible and usable paved area on a building site located off-street and designed for the parking of vehicles. Recreational Vehicle. A trailer or motorized vehicle that is intended for human habitation, recreational use, camping and travel use, including but not limited to a motor home, travel trailer, truck camper, trailer (with or without motive power), all-terrain vehicles, and boats. Seat. Furniture or furnishings designed and used for sitting; 18 inches of continuous bench or bleacher seating shall equal one (1) seat. Tandem Parking. Any off-street parking space designed in such a manner that a vehicle properly parked in such space may, by design, have its ingress to or egress from such space blocked by a vehicle properly parked in a contiguous parking space. Section III. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Draft Ordinance 1354 CA 08-001 Page 32 PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of , 2008. JERRY AMANTE, Mayor PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1354 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1354 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the _ day of , 2008 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2008 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Published: