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HomeMy WebLinkAboutCC RES 08-41RESOLUTION NO. 08-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION FOR CODE AMENDMENT 08-001, A REVISION 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 City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That proposed Code Amendment 08-001 is considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA") (Public Resources Code §21000 et. seq.); B. That an Initial Study was prepared 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; 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; and no comments were received; D. That the Planning Commission conducted aduly-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. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 4096 recommending that the City Council adopt a Negative Declaration for Code Amendment 08-001; E. That the City Council conducted a duly noticed public hearing on October 7, 2008, to consider the Initial Study and proposed Negative Declaration prepared for Code Amendment 08-001 at which hearing, members of the public were afforded an opportunity to comment upon the project; Resolution No. 08-41 Page 1 of 35 F. That the City Council considered the Initial Study and the Negative Declaration (Exhibit A) and finds it sufficient for proposed Code Amendment 08-001. The City Council hereby adopts the Negative Declaration attached hereto as Exhibit A for Code Amendment 08-001 relating to off-street parking regulations. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 7th day of October, 2008. PAMELA STOKE , City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 08-41 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of October, 2008, by the following vote: COUNCILMEMBER AYES: AMANTE, DAVERT, BONE (3) COUNCILMEMBER NOES: xAwASxzMA, PALMER (2) COUNCILMEMBER ABSTAINED: NONE (o> COUNCILMEMBER ABSENT: NONE (o) PAMEL STOKER City Clerk Resolution No. 08-41 Page 2 of 35 COMMiJNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATI©N 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 organic 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 Huffer Telephone: (714) 573-3174 ~ne 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. B' Community Develo ent Director Resolution No. 08-41 Page 3 of 35 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the public agency Harrod 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 OS-001(CA 08-001) Parking Ordiaante Project Location _ Iaerrt;fy street address and cross Citywide code amendment streets or attach a map :t-owirrg pml~ :ire (preferably a USGS 1 S' or 7 1!2' topographical map identified by quadrangle name): Thin InitW Study was oompleted in accordance with the Cites t3uidelines implementing the California Eavironrnental Quality Act. This Initial Study was undertalosn far the purpok of deciding whether the psojeet may have a significanrt effect ea the eavironm®t, On the basis of such hzitisl. Study, tl}e Cit}~e Staff hes concluded that the project will not. have a signifiaat effect on the environtrtmt. and has thaefor+e prepared a Drag Negative Declaration. The Initial Study reflect the indepeadmt judsrrtent of the Cite. [] The Project site I3 on a list corrrpiled pursuant to Oovernrnart Code section 65962.5. ® The Pmjcd site IS NOT on a list compr7ed pursuant to Goveraarent Code sxtiea 659623. The proposed project LS considered s project of stateviiide, regional or areawide sigaificsncx. ect IS NOT considered a project of statewide, regional or ereswide significance. ® The proposed pro) ~ Thu proposed project WILL affect highways or other facilitid under the jurisdiction of the State Department of Transportation ® 'Oro proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department or Tranaportrrtion. ~ A ~8 moetiag WIL.I. be held by the lead agency: ® A ~Pmg W1LL NOT be held by the lead agency. If the project rnxts the aiteriarequiring the :coping meeting, or if the agency voluntarily elects to hold such a areetina. the date, tirtre and location of the sc~ping meeting are u foUown: Dats• ~~. ~ Location:. Copies of the initial Study and Draft Negative Declmtton an on file and era svarlable for public revrew at Crty Hall, looted sr City Hall address: . 300 Ccntenalal Way, Twtln, CA 92780715 Comments will be received unf,1 the following daft: May 19 -,inns 9.2008 to corrnrrmt on thi: matter must submit such cotrurrents, in writing, to the City prior to this date. Coamrer-ts forma 1 R~eaponn~'b1e AB~p ~ °l°O requested. The City Council will consider the project and the Draft Negative Declaratioa at its meeting on: Dstc: Jnne 17.2008 Tirrre: 7:00 )r.M. if the City Council fords that the project will not have a significant effect on the environarent, it may adopt the Negative DeclaratiadMidBated Negative Declaration. This mesas that the City Councr7 may proceed to consider the project without the Prapatation of an F~vironrneatal Impact Report. 3 ~ Amy Thomas, aICP Hate ,, r~j~ of Tustin Pam #'6 I FORM "D" COi~LVIiTNITY 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 Hutter Project Location: Project Sponsor's Name and Address: General Plan Designation: Zoning Designation: Citywide City of Tustin All 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 ^ Orange County Health Care Agency ^ South Coast Air Quality Management District ^ Other ^ City of Irvinc ^ City of Santa Ana ^ Orange County EMA Resolution No. 08-41 Page 5 of 35 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 ^ Agriculture Resources ^ ~ Qu~~, ^ Biological Resources ^ ^ Cultural Resources ^ Geology/Soils Hazards & Hazardous Materials ^ Hydrology/Water Quality ^ Land Use/Planning ^ Mineral Resources ^ Population/Housing ^ ^ Noise Public Services ^ Recreation ^ Transportation/Traffic ^ Utilities/Service Systems ^ Mandatory Findings of Significance 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 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 t( 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 IlvIPACT REPORT is required. ^ I find that although the proposed project MAY have a `potentially significant impact" or `~otcntially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an eazlier 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 IlViPACT 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 eazlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that eazlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that arc imposed upon the proposed project, and no further documentation is required. prepazaz; Amv Thomas Title Senior Planner C~ _ Date ~'•/3 ~ _w ~ a~ Elizabeth A. Binsack, Community Development Director Resolution No. 08-41 2 Page 6 of 35 Code Amendment 08-001 (CA 08-001) City of Tustin ~. EVALUATION OF ENVIRONMENTAL II~ACTS Directions 1) A brief explanation is required for all answers except `Tlo 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 mitigition, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made 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 ntigation 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 anal se y s may be used where, pursuant to the hecuig, program E1R, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3xD). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they arc 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 legil standards, aad 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 far 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 nonmally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. Resolution No. 08-41 Page 7 of 35 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. Less Than Significant potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Issues: I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic ^ ^ ^ vista? b) Substantially damage scenic resourc~k ^ ^ ^ ® . including,-but not panted to, tress, outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual ^ ^ ^ character or quality of the site and ita surroundings? d) Create a new source of substantial light or glare ^ ^ ^ which would adversely affect day or nighttime ~ views in the area? - D[scusslon: 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; mon~torm8 and ~~S development of Peters Canyon Ridgeline consistent with the requirements of the East Tustin Specific Plan; aad through implementation of the Grading and Faceavation Code and vements are proposed in conjunction- with this pmject The parking ordinance does not Manual. No physical iaipro 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 prolxt 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 arc forecast from the implementation of the proposed project. e) 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. { Resolution No. 08-41 q Page 8 of 35 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-cast basis for any lighting proposed. Therefore, there is no impact ;sociated 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 Prim 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? a b) Conflict with costing 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? ^ ^ a ^ o Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinaitco. 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), ,. ( No Impacrt. Zoning amendment to the parking ordinance will not result in conversion of farmland to aeon-agricultural ...,e. There are no areas subject to a Williamson Act contract, and conservation of farmland in the Tustin Planning Area. S Resolution No. 08-41 Page 9 of 35 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. , i e) 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. lfierefore, no impacts are forecast to occur as a result o: implementation of the proposed 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 3. Evaluation of Environmental Impacts Amendment To Disposition And Development Agreement 05- 01 Issues: Potentially Lcss 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 maybe relied upon to make the following determinations. Would the project: ~( a) Conflict with or obstruct ^ ^ ^ I~,-- impltmentation of the applicable air q~tY Pte? 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 pollutaz-t far which the project region isnon- attainmentunder as 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: I The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No '~. .;,a, improvements are proposed in conjunction with this project. Resolution No. 08-41 6 Page 10 of 35 Code Amendment 08-001 (CA 08-001) ~ No Impacts. The proposed project would not conflict with or obstruct implementation of the applicable air quality pan, 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 aze forecast to occur as a result of implementation of the proposed project. b-e) No Imparts. 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 fiom grading and construction activities. This condition is in conformance with the SCAQMD requirements and therefore, no impacts aze anticipated to occur. City of Tustin Mitigation Measures/MonitorIng Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. A GUIDE TO THE FA,RNILAND MAPPING AND MONITORING PROGRAM, 2004 EDITION httv:1/www.conservation.ca gov/dlrp/frnmp/Documents/fm*n*~ ~+uide 2004 pdf Issues: 1.. fV. 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 pleas, policies, or regulations, or by the California Department of Fish and Carne or U.S. Fish and Wildlife Service? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ^ ^ ^ No Impact b) Havc a substantial adverse effect on any riparian habitat or other sensitive natural comnnmity identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ~ ^ ^ Resolution No. 08-41 Page 11 of 35 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Im~- 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 oc 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 fret 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: Tye proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed in conjunction with this project. a, b) No Impae~t. Tye 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 Ganie Code and may be subject to separate CEQA review. Therefore, no impacts will result with implementation of the proposed project. e) 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.. Resolution No. 08-41 Page 12 of 35 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 elated to any future project would be identified and evaluated in conjunction with the California Fish and Game Code and .nay 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 pazking ordinance will require landscaping including trees and shrubs in azeas at the pazking 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. n No Impact. The City of Tustin is a participating member of the Natural Community Conservation Plan (NCCP) and is within the Coastal SubJCentral 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 Soarces: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 3. Department of Fish and Game, NCCP htto://www.dfg.ca.go v/habcon/nccp/index html Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation ~'~" Incorporated V. CULTURAL RESOjJRCES. 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 nprovements arc proposed in conjunction with this project. 9 Resolution No. 08-41 Page 13 of 35 Code Amendment 08-001 (CA 08-001) City of Tustin a) No Impart. 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 pry facilities of historical sign>~cance, and Policy 12.3 Development adjacent to a place, structure or object found to a 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 Standazd Conditions of Approval, individual projects will be subject to site inspection by certified azchaeologists 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 cumntly proposed in conjunction with the zoning amendment. As such, the project will not adversely affect, destiny 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: Mitigadon 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 projecK: 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 P~ Significant Significant Irn ._ With Impact Mitigation Incorporated ^ ^ Resolution No. 08-41 10 Page 14 of 35 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 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 f 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? ^ ^ ^ ^ D p ^ ^ ^ ^ ^ ^ o 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 (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 ~ocatcd in the seismically active region of southern California. Slight to intense ground shaking is possible at within the Inning Arca if an earthquake occurs on a segment of the active faults in the region. Under current seismic design _.andards and California Building Code (CBC) provisions, now 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 Resolution No. 08-41 Page 15 of 35 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 Califq (SEAOC) guidelines, adequate structural protection in the event of an earthquake would be provided, thus redl 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 Califomia 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 wiU 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 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. i e) No Impact. The proposed code amendment does not involve the use of septic tanks or alternative wasted _ 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 Measnres/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 1~•//www oawatersheds com/damurcnort/default.as>aa?II~1000358 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated VII HAZARDS AND HfAZARDOUS 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? o a ^ Resolution No. 08-41 12 Page 16 of 35 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) 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~uarter 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 ar, 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 . P~7 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? 13 Resolution No. 08-41 Page 17 of 35 Code Amendment 08-001 (CA 08-001) City of Tustin Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No ~ ~c 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 - n 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 nxessary. 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 when wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Therefore, then are no impacts associated with +~~s 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 Thaw Less Than No Significant Significant Significant Impact Impact With Impact 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. Resolution No. 08-41 14 Page 18 of 35 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) 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 warmer 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 p ^ ^ 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? ~ Otherwise result in substantial ~ ~ ~ increased erosion or siltation on- or off-site? g) Change runoff flow rates or volumes is ~ ~ ~ a manger 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 or contribute runoff water that ~ ~ would exceed xhe capacity of existing or planned stormwater drainage systems? 15 Resolution No. 08-41 Page 19 of 35 Code Amendment 08-001 (CA 08-001) City of Tustin 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 arc 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? cil 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? Resoluti on No. 08-41 Page 20 of 35 16 Potentially Less Than Less Than No significant significant significant Irnl Impact with Impact Mitigation Incorporated ^ ^ ^ ^ ^ ^ ^ o o ^ ^ ~ ~ i ~- o ^ ^ ^ 0 0 ^ ^ ^ ^ a o i 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 mudflow7 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 watcc management. preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval for water quality, any _ure project would potentially meet all applicable regulations to manage runoff finm the project site. Pollutant's in storm water would be substantially reduced by source control and treatment BMPs. In that there is no development proposed as l~ Resolution No. 08-41 Page 21 of 35 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 wou~ areas of exposed soil during grading and excavation activities. If a storm event were to occur during these activiUo~, 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 azc 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 arc no impacts associated with the implementation of the parking ordinance. . n No Impact. Compliance with the NPDES permit (refer to Response VIII.a-b) and BMPs (discussed in Responses VIII.a b, VIII.q and VIII.d above) would reduce potential water quality impacts to less thaw 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 aze 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 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. ic) 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 alarm 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 ar reduce erosion and polluted runoff during and after construction of the proposed project. Adherence to an approved Water Quality Management Plaa 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 an a case-by~ase basis. Therefore, no impacts will occur. n 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 Crcek 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, they 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 indi~ review on a case-by-cast basis, no impacts will occur as part of this project. Resolution No. 08-41 Page 22 of 35 18 Code Amendment 08-001 (CA 08-001) City of Tustin o) No Impact. As discussed, in response VIII 1, there arc no Environmentally Sensitive Areas (ESA's) or Areas of Special `tiological Significance (ASBS) identified on the Sand Diego Creek Watershed map. Therefore, there are no impacts ~soeiated 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 elinnate 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 ImpacK. As discussed in Response No. VIII n, since then 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 ImpacK. 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 'cvelopment project would be subject to review on a case-by-case basis as to whether or not it is within a flood zone (as t ldressed 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 arc 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 deternine the potential for hazards and the amount of development which is supportable on the site. As described in. VIII v, in the unli7cely 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 Measares/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Play (January 16, 2001) Z. City of Tustin Zoning Codc 3. OC Watersheds httn://www ocwatersheds com/damureport/default aspx~ID=1000358 19 Resolution No. 08-41 Page 23 of 35 Code Amendment 08-001 (CA 08-001) City of Tustin Issues: Potentially Less Than Less Than No ' Significant Significant Significant Im~ Impact With Impact Mitigation Incorporated 1X. 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) adapted 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 ph improvements are proposed in conjunction with this project. ~- a). No Impact. The new parking ordinance will better organic and supplement Tustin's existing parking regulations to provide a comprehensive parking code to clarify and strengthen regulations and will not divide an established commtimity. 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 eo~nplete a Parking Ordinance study which will include issues sueAr 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 as updated, consolidated, and comprehensive parking ordinance. The new parking ordinance will better organic and supplement Tustin'a 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 N 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 Measnres/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code Resolution No. 08-41 Page 24 of 35 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 lozown 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 projxt 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) then are no loxown mineral resources within the City that would be of value to the region and the residents of the state. % ~erefon, there are no project related impacts associated with mineral resources. -~ Issucs: Potentially Less Than Less Ttaan No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated X1 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 groimdborne vibration or groundbome Boise levels? c) A substantial }~errnanent increase in ~ ambient noise levels in the project vicinity above levels existing without the project? 21 Resolution No. 08-41 Page 25 of 35 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 Hoist levels? 0 ^ ^ ^ ^ f) 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 arc 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 Hoist standards far 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 1 ~ p.m. and 50 dBA during the nighttime hours between 10:00 p.m. and 7:00 a.m. These noise standards are adjusted based on the cumulative duration of the noise occurrence, as well as the prevailing ambient noise levels near the projeC[ Each future individual development project will be subject to review. on acase-by~ase basis. The proposed projoct would not expose people to excessive noise, therefore, no impact will occur as a result of this project. e-fj No Impact. As indicated in response VII a-f, according to the City's General Plan Circulation Element, air travel is available from John Wayne Airport in Orange County, approxiaratcly .five miles to the south by surface roadway. Iiowcver, the Tustin Planning Area does not lie within arty of John Way's safety zones. The farmer 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. Aay conditions of approval will be incorporated into tech individual project when 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 Resolution No. 08-41 22 Page 26 of 35. Code Amendment 08-001 (CA 08-0O1) City of Tustin Issues: 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? Discussion: ( '~e proposed project will provide an updated, consolidated, and comprehensive parking ordinana;. No physical _ .riprovements aze proposed in conjunction with this project. a) No Impact. The Tustin Planning Ares is an established and urbanized area. The new parking ordinance will better organic 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 Tua~tin Zoning Code 23 Resolution No. 08-41 Page 27 of 35 Code Amendment 08-001 (CA 08-0O1) City of Tustin Issues: Potentially Less Than Lcss Than No Significant Significant Significant Imp 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 constnu~tion 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: lye 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 hydrant must be construeteci 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 implementatton 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. Resolution No. 08-41 24 Page 28 of 35 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. rlo mitigation measures aze required. Other Public Facilities. No ImpacK. The proposed pazking ordinance addresses off-street pazking 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: Potentially • Less Than Significant Significant Impact With Mitigation Incorporated XlV RECREATION. Would the project: a) Increase the use of existing neighborhocxl 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 ofrecreational facilities which have an adverse physical effect on the cnvircrnmrnt? Less Than No Significant Impact Impact o Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements are proposed vx conjunction with this project. a -b) No Impact. The proposed project will provide an updated, consolidated, and comprehensive pazking 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 Tu:~tin General Plan (January 16, 2001) 2. City of Tuy~tin Zoning Code 25 Resolution No. 08-41 Page 29 of 35 Code Amendment OS-0O1 (CA 08-001) City of Tustin Issues: Potentially Less Than ~ Less Than No Significant Significant Significant Imp Impact With Impact . Mitigation Incorporated XV T'RANSPORTAT'ION /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) Facceed, either. individually or cumulatively, a level of service standard established by the county congestion management agency for dcsigi~atcd roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a chango 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 incompatrble uses (e.g., farm equipment)? ^ ^ ^ ^ ^ ^ ^ ^ ^ D 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)? a ^ ^ ^ a ^ ^ Discussion: The proposed project will provide an updated, consolidated, and comprehensive parking ordinance. No physical improvements arc proposed in conjunction with this project. a) No Impact. Construction and operation of future projects may generate traffic. Those 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. Resolution No. 08-41 26 Page 30 of 35 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 C1V1P. 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 elisure that individual futwc projects arc designed to avoid hazards and be compatible with sun:ounding 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. f) No Impact. Individual uses and their required parking need will be updated to ensure that adequate parking capacity is provided for future projxts. 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. :vtigation Measnres/Monitoring Required: No additional mitigation measures required Sources: 1. City of 1 ustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impa.;t Mitigation Incorporated XVI UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment ~ ~ ~ ~ requirements of the applicable Regional Water Quality Control Board? 27 Resolution No. 08-41 Page 31 of 35 Code Amendment 08-0O1 (CA 08-001) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Im~ 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 ~ 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? Resolution No. 08-41 ~ 28 Page 32 of 35 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 g) Comply with federal, state, and local statutes and regulations elated 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 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 facilities. Typically, any increase in wastewater flows resulting from an off-street parking project would be minimal. Future •ojects would be required to comply with local and state regulations to min;m;~~ any potential impacts from hazardous materials use. As discussed in Section VIII. Hydrology and Water Quality, any future project would be required to implement standard BMPs to control storm water runoff at the project site. Therefore, no impacts are associated with this projecK. b) No ImpacK. Irvine Ranch Water District (IRWD) provides water and wastewater services and the ?range 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-aite connections from the c:cisting water and wastewater services to any new project: These minor improvements would be reviewed on a cast-by-case basis for qtly potential to CSUSC significant environmental impacts. Since there are 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 acrd 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. No Impart. CR~R Waste Services provides solid waste collection and disposal services to the City of Tustin. Any sulid waste generated a future project would be diverted to a transfer station and then to the Bee Canyon/Bowetman 29 Resolution No. 08-41 Page 33 of 35 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 pazldng is usually an acce~j requirement to a main use and typically generates only a nominal increase in waste. This increase would be well vrl the 900 tons of waste that Bee CanyonBowerman 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 swetping, 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 Meaanrea/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 i~/www ocwatersheds com/d a~renort/ default aspx?ID=10 00358 .Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation • Incorporated ,, XYII MANDATORY FIlgDINGS 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-sustainin8 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-tezzn environmental goals? Resolution No. 08-41 30 Page 34 of 35 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 organic and supplement Tustin's existing parking regulations to ovide a comprehensive parking code to clarify and strengthen regulations. There is no development proposed as pair 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 demonst<ated 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 dots not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Mitigation Measnres/Monitoring Requfred: No additional mitigation measures required Sources: 1. City of Tustin General Plan (January 16, 2001) 2. City of Tustin Zoning Code 31 Resolution No. 08-41 Page 35 of 35