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HomeMy WebLinkAboutPC RES 4096RESOLUTION 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. JO NIELSEN Chairperson ~r ELIZABETH .BINSACK Planning Com ission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) City of Tustin ) I, Elizabeth A. Binsack, the Commission Secretary of the duly passed and adopted at a on the 27th day of May, 2008. undersigned, hereby certi City of Tustin, California, tha regular meeting of the Tustin ELIZABETH BINSACK Planning Com ission Secretary fy that I am the Planning t Resolution No. 4096 was Planning Commission, held 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 '~/ / ~` ~~' U Elizabeth A. Bins Community Develo ent Director (Clerk Stamp Here) NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/ NIITIGATED 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 Tnatin, Community Development Department Project Name: Code Amendment 08-001 (CA 08-001) Parking Ordinance Project Location -Identify street address and cross Cltywlde 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. Thu Isutial Study was far the ptupu~ of i wltetherr the project may have a aigrrifl~cmtt effect osi the arvironment. On the limis of suet Initial. seedy, tlae Ctty'r staff lies c~neluded flies the prajat will aen have a aigtufie~t oa the environment, and has therefore prepsrod a Dralk Negative Decis~iem. The Initial Study reflects the indcpcadent judgment of the City. The Project site IS on a list coa~pilat Pursuant to Governa>~ Coda aeciian 65962'.5. ® The Project site IS NOT on a list compiled pursuant to (.3ovemrnent Code section 65962.3. ^ The proposed project I3 considered a project of statewide, regional or areawide significance. ® The proposed project IS NOT considered a project of statewide, regional or areawide significance. ^ The proposed project WII..L affect highways or other facilities under the jurisdiction of the State Department of Transportation. ® The proposed project WII.,L NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. ^ A ecoping meedns, WILL be held. by the Lead sge<tcy. ® A acoping meeting WII.L NOT be held by the lead agency. If the project meats the criteria requiring the scoping meeting, or if the agarcy voluntarily elects to hold such a meeting, the date, tfax and loextioa of tht acopug Meting ads as follesws. Datd: Timitc Loa~ioats . Copies of the Initial Study and Dra$ Negative Dealaration an on file and era available for public review at City Hall, located ss: City' Ball addretss . 300 Ccntsnnial Way, Tastln, CA 927-3715 Commarta will be received until the following date: May 19 -,Tone 9, 2008 Any person wishing to comment on this matter must submit such wmmarts, in writing, to the City prior to this date. Comments of all Responsible Agencies are also requested. The City Council will consider the project sad the Draft Negative Declaration at its meeting on: Date: June 17, 2008 Time: 7:OA P.M. If the City Council finds that the project will not have a significant effect oa the environment, it may adopt the Negative Declaration/Mitigated Negative Declaration. This means that the City Council may proceed to consider the project without the preparation of an Environmental Impact Report. T Amy Thomas, AICP 5 3 Date Senior Planner City of Tustin (714)573-3126 athomasCa histinca.org cmr of ~rt1s'rua FORM "D" CONIlViUNITY DEVELOPMENT DEPARTMEN 300 Centennial Way, Tustin, CA 9278~v (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 Phone: (714) 573-3174 Project Location: Citywide Project Sponsor's Name and Address: City of Tustin General Plan Designation: All Zoning Designation: All 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 pazking 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 Caze Agency ^ City of Santa Ana ^ South Coast Air Quality Management ^ Orange County District EMA ^ Other Code Amendment 08-001 (CA 08-001) B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED City of Tustin 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 ^ Hazazds & Hazardous Materials ^ Land Use/Plarming ^ 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. DETERNIINATION: On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepazed. ^ 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 prepazed. ^ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IIvIPACT REPORT is required. ^ I find that although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the enviroruaent, 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 standazds, and (b) have been avoided or mitigated pursuant to that eazlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that aze imposed upon the proposed project, and no further documentation is required. Prepare~r:~ Amy Thomas Title Senior Planner ~~iG~~S~~,L~-..~~,~~ Date /`~'i3 ~o"~ Elizabeth A. Binsack, Community Development Director 2 Code Amendment 08-001 (CA 08-001) City of Tustin D. EVALUATION OF ENVIRONMENTAL IlVIPACTS 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 significarrt with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potenrially 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," maybe cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIIt, 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 I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage sccnie resources, including, but not limited to, tress, rock outcroppings, and historic buildings within a state scenic highway?. ^ ^ ^ ^ D ~ c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light. or glaze which would adversely affect day or nighttime views in the azea? ^ ^ ^ ^ ^ ^ INscnssion The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a) Na Impact. Tha City oi' Tustin General Plan encourages protectieat of scenic. views and resources through. the Hillside Review probes,: monitoring and' luniting development of Peters.. Canyon Ridgelina consistent with the requirements of that: East Tustin Specific Plan;.. and through implementation of the Grading and Excavation Code and Manual. N© 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 aze 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 08-0O1 (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 impa~ '" associated with this project. Mitigation Measnres/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 (199'7 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 Farniland Mappit}g and Monitoring. Program of the California Resources Agency, to non-agricultural use? a b)' Conflict with existitig,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. 5 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 th conversion of existing farmland uses to non-agricultural uses. Therefore, no impacts are forecast to occur as a result c 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 Cade 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 QUALIFY. 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 place? b) Violate any air quality standard or ^ ^ ^ contribute substantially to an existing or projccbed air quality violation? c) Result in a eumulativoly considerable ^ ^ ^ net increase of any criteria pollutan far.... 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 pazking 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 quali plan, as prepared by the South Coast Air Quality Management District (SCAQMD) in the Air Quality Management P14 (AQMP) for the South Coast Air Basin. No physical improvements are proposed in conjunction with the amendment t,. 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, 2044 IDITION http://www.conservation.ca. og v/dlrp/f~r np/Documents/fmma~uide 2004.~df 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 caaddats, sensitive, or special status species in local or regional plmis, policies, or regulations, or by the California Department of Fish and Game ~ 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 ^ ^ ^ ^ ^ ^ No Impact 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) 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? Discussion: The proposed project will provide an updated, consolidated, and' comprehensive parking ordinance. No physical improvements are proposed in conjunction wit3~ this project.' a, b) Na Impac#. The Californa 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 IV.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 ar may be subject to separate CEQA review and conditions of approval limiting grading activities. Therefore, no impacts as 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. i') 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 Measnres/Monitoring Regnireds No additional mitigation measures required Sonrcest 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 § 15064.57 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 physics 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 aze 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 Measnres/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. Eatpose 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 OS-001 (CA 08-001) City of Tustin Lssues: Potentially Less Than Less Than No Significant Significant Significant Impa~~ Impact With Impact 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? Mitigation Incorporated ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ a 0 ^ ^ ^ ^ ^` Di9cnssiomz The proposed project will provide an updated, consolidated, and comprehensive parking ordinance.. Na 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 i located in the seismically active region of southern California. Slight to intense ground shaking is possible at within th Planning Area if an earthquake occurs on a segment of the active faults in the region. Under current seismic desig 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 IV 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 pleas will be required prior to issuance of a grading permit for arty 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_ 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 imesrigation far 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 Measnres/Monitoring Regnireds No additional mitigation. measures required: Sources 1. City of Tustin General Plan (Ianuary 16, 20131) 2. City ofTustin Zoning_Code 3. OC Watersheds httu,//www.ocwatersheds.corn/damrnenart/default_~e„>c9rF~t nnn~~ 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 08-001) City of Tustin Issues: 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 matCr1818~ SubSt3nCCS, of WBSte Wlthln ono-c}uarter mile of an existing or proposed schoal? 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? fl For a project within the vicinity of ~ 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? Potentially Significant Impact ^ ^ ^ ^ Less Than Significant With Mitigation Incorporated Less Than No Significant Impac, Impact E i ^ ®' 13 Code Amendment 08-001 (CA 08-001) City of Tustin Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physics 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 - fl 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 Measnres/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 Thaw 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) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impac'j Impact With Impact Mitigation - Incorporated 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 ar area, including. through the alteratioh of the course of a stream ar river, in a manner that would result in flooding- aroff-site? d) Substantially increase the rate ar ^ ^ ^ 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 ar area, including through the alteration of the course of a stream or river, in a manner that would - result in substantial erosion ar siltation on- aroff-site? ~ Otherwise result in substantial ^ ^ ^ increased erosion ar siltation on- or off: site? 8} Chango runoff flow rates ar volumes is ^. ^ ^ a manner that. substantially alters the existing drainage pattern of the site ar area, including through the alteration of the course of a stream or river, and results in a significant adverse environmental impact? h) Create ar contribute runoff water that ~ ^ ^ would exceed the capacity of existing or planned stormwater drainage systems? 15 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 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 yr impair groundwater quality'1 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? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~' ^ ^ ^ ^ ^ ^ ^ ^ ^ 16 Code Amendment OS-0O1 (CA 08-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impac 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 of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been g~~)2 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? E 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) E~€pose people or structures w a ~ ~ ~ significant risk of inundation by seiche tsunami, or mudflow2 Discussion: The proposed project will provide an updated, consolidated, and comprehensive pazking 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, an 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 standazd 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 aze no impacts associated with the implementation of the parking ordinance. ~ No Impact. Compliance with the NPDES permit (refer to Response VIII.a-b} and BMPs (discussed in Responses VIII.a-b, VIII:c and VIII.d above) would reduce potential water quality impacts to less than significant Ievcls: 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) Ne 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 proposed project. 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 itt stormwater nmof~ Accordingly, any new applicant will be required to implement BMPs as identified itt the Orange County Drainage Area Master Platt. (DAM1*) 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 tto 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. 1) 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 irnpaets 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 aze no impa~ ', associated with this issue. p - cv 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 stone 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 azeas are anticipated as part of this Code Amendment. s) No Impact. As discussed in Response No. VIII. n, since there is na deveIopment 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 futu development project would be subject to review on a case-by-case basis as to whether or not it is within a flood zone (~ 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 aze no impacts associated with this project. wJ 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 azeas 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 amaunt of development which is supportable'oa the site. As described in VIII v, in the unlikely event of inundation by seehe, tstmarrri or mudsow an individual: project would be part'of the City's Emergency. Preparedness Plan. Therefore, no impacts associated with this issue. Mitigatloa 1Vleasnres/Monitortng Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 3. ~ Watersheds http://www.ocwatersheds com/dampreport/default aspx~lI~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 lX. 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. stj:: No Impacts 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 Lnpact Tla 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 suck as guest parking standards, shared use of parking facilities, parking for smatler 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 1V 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 Measares/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 Impac''~!! 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 locale 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 stag Therefore, there are no project related impacts associated with mineral resources. ~ , Issues: Potentially Less-Than. Less Than No Significant Sgnificalnt 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 s 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? fl 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 levelsZ Discnssfon: 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 firtiue individual' development project wifl be subject to 'review on a case-by-case basis: The proposed"project would not expose people to excessive noise, therefore, no impact wilk 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 availabld from. John Wayne- Airport.. in Orange County, approximatelj- five miles to the south by surfaca roadway. Hflwever, the Tustin Planning Area. does not lie within arty of John Way's safety zones. The formez MCAS Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reusc'of the base has resulted in the elimination of aviation uses,. with the exception of heliports individually .permitted ~ blimp operations as an interim use. New developmerrt could be subject to review with the Airport Land Use Commission if necessary as well as with the Noise Ordinance. Aay 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) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impa 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? Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physic improvements are proposed in conjunction with this project. a) No Impact:. The Tustin Planning. Area: is an established .and urbanized area.. The. new parkittg 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) Na Impact.. There: is na development associated.: with the Code Amendment. Therefore,. na 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 Measnres/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 govennemental 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 sca~vicas: Fire protection? ^ ^ ^ Police protection? ^ ^ ^ Schools? ^ ^ ^ Parks? ^ ^ ^ Other public facilities? ^ ^ ^ Discussion: The proposed project will provide an updated,. consolidated,. and comprehensive parking ordinance. Na physical improvements are proposed in conjunction with this project. a) Fire protecting. 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 azea. Therefore, the project would not generate a demand for additional pazks. ~No mitigation measures a 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 aze 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 pazks 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 ~ expatrsOn of recreational fa~i'IltleS which have an adverse physical effect on the envirom~nent`t' Potentially Less Than Less Thane Significant Significant Significant Impact With Impact Mitigation Incorporated ^ ^ ^ o a o No Impact ® ~ i 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 5onrces: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 25 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 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 ^ ^ ^ s patterns, including either an increase in E 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) Itesul# 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 firtu~ '' project will require review and conformance with the requirements of the Tustin General Plan and the CMP. However, r` 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. fj No Impact. Individual uses and their required pazking need will be updated to ensure that adequate pazkiag 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 now parking ordinance will better organic 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 Measnres/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plane (January 16, 2001) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than.: Na Significant Significant Signif cartt 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) City of Tustin __ Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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 facilifies, the construction of which could cause significant environmental effects? d) Have sufficient water supplies ~ ~ available to serve the project from existing entitlernents and resources, or are new or expanded entitlements needed? In malting 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 66473? (SB 221). e) Result in a determination by the ~ ~ ~ wastewater treatment provider which serves or may serve. tlbe .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? 28 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impac£ Impact With Impact Mitigation Inco orated rp 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)? Dfacussion: The proposed project will provide an updated, consolidated, and comprehensive pazking 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 facilitieG Typically, any increase in wastewater flows resulting from anoff-street parking project would be minimal. Future projects would be required to comply with local and state regulations to minimize any potential impacts from hazardou! materials use. As discussed in Section VIII. Hydrology and Water Quality, any future project would be required to implement standard BMPs txi control storm water runoff at the project.. site. Therefore, no impacts are associated with this projeck b) No Impact. Irvine Ranch Water District (IRWD) provides water and wastewater services and the Orange County Sewer District provides. wastewater services. within the Tustin Planning. Area._ The. amount of p©tablc water needed and. wastewater generated by a future project. would' most likely be nominal. Minor. infrast~uctttre improvements: may be required to provide on-site ccmnectiorul from the existing water and wastewater services to any new project.- These minor improvements would be reviewed on a case-bX-case basis. far any potential to cause significa¢iE environmental, impacts. Sind them art 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 standazd 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 aze 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 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 08-0O1) 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 Canyon/Bowerman 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. b) 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 azeas 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... Mitl~atioa Measnres/Monitwring Required: No additional mitigation measures required Sources: 1. City of Tustin General Pian (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 , 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 elrniiiate 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 Impac 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 parkint ordinance. The new parking ordinance will better organize and supplement Tustin's existing parking regulations t provide a comprehensive parking code to clarify and strengthen regulations. There is no development proposed as part c 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 demonstratedthroughout this Initial Study, the proposed project. will not have any significant effects considered cumulatively considerable.: d) Na Impact. As demonstrated throughout this Initial Study, the Codc Amendment does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Mitigation Measnres/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 31