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HomeMy WebLinkAboutCC RES 09-60RESOLUTION N0.09-60 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT CODE AMENDMENT 09-003 AND DESIGN REVIEW 09-004 ARE WITHIN THE SCOPE OF THE PREVIOUSLY APPROVED NEGATIVE DECLARATIONS FOR JAMBOREE PLAZA. I. The City Council of the City of Tustin does hereby resolve as follows: A. That Code Amendment 09-003 and Design Review 09-004 are considered a "project" pursuant to the terms of the California Environmental Quality Act. B. That on June 3, 1991, the Tustin City Council adopted a Negative Declaration for the development of Jamboree Plaza. The Negative Declaration evaluated the environmental impacts associated with Zone Change 90-01, Tentative Parcel Map 90-292, Tentative Parcel Map 90-293, and Design Review 90-40. C. That on November 3, 1997, the City Council adopted a Tiered Negative Declaration to amend the existing Jamboree Plaza Planned Community District Regulations and adjust the project boundaries. The Tiered Negative Declaration evaluated the environmental impacts associated with this Zone Change 97-002, Tentative Parcel Map 97-016, and Design Review 97-016. D. That on December 1, 1997, the City Council adopted a Negative Declaration to allow for self-service carwashes within Jamboree Plaza. The Negative Declaration evaluated the environmental impacts associated with Zone Change 97-004. E. That an Environmental Analysis checklist, attached as Exhibit A hereto, was prepared to evaluate the potential environmental impacts associated with Code Amendment 09-003, Design Review 09-004, and Conditional Use Permit 09-004. On August 27, 2009, Conditional Use Permit 09-004 was formally withdrawn by the applicant. The Environmental Analysis checklist demonstrates that all potential impacts of the project were addressed by the certified Negative Declarations and no additional impacts have been identified. F. That a public hearing was duly called, noticed, and held on said application on August 25, 2009 before the Planning Commission, and continued to the September 22, 2009 Planning Commission meeting. G. That on September 22, 2009, the Planning Commission adopted Resolution No. 4126, recommending that the City Council adopt findings that Code Amendment 09-003 and Design Review 09-004 are within the scope of the Resolution 09-60 Page 1 of 31 previously approved Negative Declarations for Jamboree Plaza. H. That a public hearing was duly called, noticed, and held on said application on October 20, 2009 before the City Council. I. That the City Council has considered the Environmental Checklist along with the prior Negative Declarations prior to making a decision on Code Amendment 09-003 and Design Review 09-004 and finds that the Environmental Checklist is sufficient for the proposed project, attached hereto as Exhibit A. II. The City Council finds that this project is within the scope of the previously approved Negative Declarations and that pursuant to Title 14 California Code of Regulations Section 15162 no new effects could occur, and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of October, 2009. DOUG ~~jIVERT, Mayor lI ATTEST: ~. ~~ ~ ~~ PAMELA STOKER, City Clerk Resolution 09-60 Page2of31 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. 09-60 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of October, 2009, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Davert, Amante, Gavello, Nielsen, Palmer (5) None (~) None (~) None (~) \ ~~ PAM LA STOKER, City Clerk Resolution 09-60 Page 3 of 31 EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT 3U0 Centennial Way, Tustin, CA y37Rp (7l4) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projecb With Previously CertifledlApproved Environmental Documenb: Negative Declaration for Jamboree Plaza 'T`his checklist and the following evaluation of environmental impacts takes into consideration the preparation of ;~r- ~'nvironmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. ~1. BACKGROUND Project Title(s): Code Amendment 09-003, Conditional Use Permit 09-004, and Design Review 09-U04 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Ryan Swiontek Phone: (714) 573-3123 Project Location: 3017 Edinger Avenue, Tustin, CA 92780 Project Sponsor's I~1ame and Address: Parmjeet & Didar Singh Tustin Field Gas & Food, Inc. 3017 Edinger Avenue Tustin, CA 92780 General Plan Designation: Planned Community CommerciaVBusiness Zoning Designation: Planned Community Industrial Project Description: Cude Amendment ()9-003 to reduce the required building setback from Edinger Avenue for buildings within the Jamboree Plaza Planned Community District Regulations from thirty (30) feet to fifteen (15) feet. Design Review 09-004 to authorize the construction of a proposed self- service carwash attached to an existing food mart building located at a service station. Conditional Use Permit 09-004 to upgrade an existing Alcoholic Beverage Control License for the sale of beer and wine for off- site consumption (Type ?0) to the sale of general alcohol for off-site consumption (Type Z 1). Surrounding Uses: North: Irvine Industrial Complex - CommerciaUlndustrial uses East: Tustin Legacy -Residential uses South: Tustin Legacy -Residential uses West: Tustin Legacy (vacant land) -Planned Residential Previous Environmental Documentation: A Negative Declaration for the development of Jamboree Plaza was certified and adopted by the Tustin City Council on June 3, 1991 through Resolution No. 91-75. Said Negative Declaration evaluated the environmental impacts associated with Zone Change 90-01, Tentative Parcel Map 90-292, Tentative Parcel Map 90-293, and Design Review 90-40 which were also approved by the Planning Commission and City Council. This project implemented the Planned Community District Regulations for Jamboree Plaza as well as approved the initial project design and subdivision. On November 3, 1997, the City Council adopted Resolution No. 97-108 certifying a Tiered Negative Declaration to amend the existing Jamboree Plaza Planned Community District Regulations and adjust the project boundaries. Associated with this project were approvals for Zone Change 97-002, Tentative Parcel Map 97-O16, and Design Review 97-016 for the further development of individual building sites and additional uses within Jamboree Plaza. On December I, 1997, the City Council adopted Resolution No. 97-111 certifying the Negative Declaration for Zone Change 97-004 to allow for self-service carwashes within Jamboree Plaza. T'he Planned Community District Regulations for Jamboree Plaza previously allowed full service carwashes as petmitted~ uses and this zone change amended the text to also allow self-service carwashes as permitted uses. 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. ^Land Use and Planning ^Population and Housing ^Geology and Soils ^Hydrology and Water Quality ^Air Quality ^Transportation & Circulation ological Resources ineral Resources a'1CUltllral Resources ^Hazards and Hazardous Materials ^Noise ^Public Services ^Utilities and Service Systems ^Aesthetics ^Cultural Resources ^ Recreation ^Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ^ [find that the proposed project CDULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a signitic:ant et'Fect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attaches sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ^ I find that the proposed project MAY have a si~titicant et~ect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^ l find that the proposed project MAY have a significant eti'ect(s) on the environment, but at least one effect t) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and ?) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant [mpact" or "Potentially Significant Unless Mitigated." f'1n ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the et~ects that remain to be addressed. ^ l find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant etTects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and Z) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. ~ ~' Preparers ~"~' ~ 't"-" ~ Date: 08-01-09 Ryan, S~oi+iontek, Associate Planner "--~ ~ _ , ,~' ~`f ~ ~ ~ ~ / .,,~ ;~,~.~' Date 08-01-09 Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attachment A attached to this Checklist N;VALUATION OF ENVIRONMENTAL L14PACTS 1. :ESTHETICS -Would the project: al l Pave a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, ra:k outcroppings, and historic buildings within a state scenic hil;hway'1 c) Substantially degrado the existing visual character or quality of the site and its surroundings? d) Create a now source of substantial light or glare which w~iuld adversely affect day or nighttime views in the areal I[. AGRICULTURE RESOURCES: lIIdCtet7n~ning whether impacts to agricultural t+esourees are sigaificant ~nvirontnc;ntal effects, lead agencies may refer to tho California Agricultural Land Evaluation and Situ Assessment Model (I 997) prepared by the California Dept. of Conservation as an optional model to ttse in assessing impacts un agriculture sad farmland. Would the pmject: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide [mportanco (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use. or a Williamson Act contract? c) Involve other changes in Ute existing environment which. due to their location or nature, could result in conversion of Farmland, to non-agricultural use'1 IIL ~ QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstnrct implementation of the applicable .lir quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation'1 c) Result in a cumulatively considerable net increase of any criteria pollutant far which the project region is non- ,ittainment 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? ~) Create objectionable odors at~'ecting a a~ttbstantial number of people? ~Vn Substantial rVrhr+ ,flare (:hunge Fri~m Si,~nificant .Severe Previous Impact lnipacts :lnulyeis 0 o a a o a ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ 0 ^ ^ 0 ^ a o IV BIOLOGICAL RESOURCES: -Would the projcxa: a) Have a substantial adverse effect, either directly or through habitat tnodificatioos, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California [7epartment of Eish and (;amo or U.S. Eish and Wildlife ServicC t h) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies. regulations or by rho California Department of Fish and Game or U.S. Fish and Wildlifo Scrvicel c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of rho Clean Water Act (including, but not limited to, marsh. vernal pool, coastal. etc.) through diroct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any nativo resident or migratory fish or wildlife species or with ~ytablished native resident ar tnigratory wildlife corridors, or impede the use of native wildlife nursery sites'? a) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordirtance'1 ~ Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or uther approved local, regional, or state habitat conservation plan? V CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the sigttificancx of a historical resource as defined in ~ 15064.57 b) Cause a substantial adverse chango in the significance of an archaeological resource pursuant to t) 15064.5'l c) Directly or indirectly destroy a uniquo paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries'i' VI. GEOLOGY ALYD SOILS: -Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: .Vo Su6stantia! ;Vcnv .Lfore Change Front .Signi/irunt .Severe Prcveous Imlwct Impacts .lnalysis ^ ^ ^ ^ ~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ rVr~ 5eeha~tctntiul :Vow .blare C'hunge h'rvnt .Yigni/icant .Ydv~re Prc~vrnect lmlxtca lntpucts .Inul.~is 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 another :ubstantial evidence of a known fault2 Refer to Division of ;Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction'? iv) Landslides'l b) Result in substantial soil erosion or the loss of topsoil'? c) Be located on a geologic unit or soil that i9 unstable, or that would become unstable as a result of the project, and putentially result in on- or otF 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 ,optic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste watefl VR.HAZAItD3 MID HAZ~IRDO Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the znvirotunent 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 tnatetials, substances, or waste within one-quarter mile of an existing or proposed school? J) 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 :ignificant hazard to the public or the environment? a1 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 areal f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing .~r working in the project area'? ^ ^ 0 ^ ^ 0 ^ ^ ^ ^ ^ ^ 0 a a a a ~ ~ D ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ ~ a a o ,No Substantial ~Vety dtore Change Frum Sign?/?cant Severe Previous g) Impair impl~mtentation of ar physically interfere with an Impact Impacts .-tnalysis adopted emergency racponse plan or emergency evacuation PIS! ^ ^ h) Expose people or structures to a significant risk of loss, injury or death involving wildland tares, including wticze wildlanda are adjacent to urbanized areas or where residences are intermixed with wildlandg'! ^ ^ VIII HYDROLOGY A1VD WATER QUALITY: -Would she project: a- Violate any water quality standards or waste discharge rcquiremc~ntx T b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would he a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existingnearby wells would drop to a level which would not ,upport existing land uses or planned uses for which permits have been granted)'? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or silgtion on- oroff--site'! d) Subsgntially alter the existing drainage patters of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of xurface runoty in a manner which would result in flooding on- ur otl'-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stortnwater drainage systems ar provide substantial additional sowcea of polluted runoff'! t) Otherwise substantially degrade water quality! g) Place housing within a 100-year flood hazard area as mapped on a tiederal Flood Elazard Boundary or Flood [nsurance Rate Ivtap or other flood hazard delineation map? h) Place within a I00-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss. injury or death involving flooding as a result of the failure of a Twee or dam! j) Inundation by seiche, tsunami, or mudflo-Y! iK. LAND USE AND PL~+INNING-Would the project: a) Physically divide an established community! ^ ^ 0 ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ a ^ ^ a ^ ^ b) Cuntlict with any applicable land use plan. policy, or regulation of an agency with jurisdiction over the project 1 including, but not limited to the general plan, specific plan, I~x:al coavtal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect'T c) ~ontlict with any applicable habitat conservation plan or natural community conservation plant Y. MINERAL RESOU1tCES-Would the project: ,~) Result is the loss of availability of a known mineral ~vsource that would be of value to the region and the residents of the state'T b) Result in the loos of availability of a la:ally-important mineral resource recovery site delineated on a local general plan, specific plan or other land ave plan'1 SCI. 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 noiso ordinance, or applicable standards of other agenciesl b) Exposure of persona to or generation of excessive groundborne vibration or groundborae noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project'l d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project'I 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'1 t~ For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION ,~:YD HOUSING -Would the project: a) Induce substantia! population ~•owth in an area, either Directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or usher int'rastructure)'T b) Displace substantial numbers of existing housing, ^ecessttating the construction of replacement housing rl.ewherel <Vo Stebstantial rVrw .Yore Change Frorrt .Significant Srvere P--eviout Impact Impacts .analysis a ^ ^ ^ ^ ^ ^ ^ ^ D ^ ^ 0 ^ ^ a D ^ ^ ^ ^ ^ o ^ ^ 0 ^ ^ .No Substantial ~/my .1-fore Change Front ,Significant Severe Previous Impact Impacts .-(nalvsis _ c) Displace substantial numbers of people, necessitating the ^ ^ construction of replacement housing elsewhere? KIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other pc;rtbrmance objectives for any of the public services: ['ire protection? Police protection? Schools'? Parks'? Other public facilities? ^ ^ ^ ^ ^ ^ ^ ^ 0 ^ ^ !UV. RECREA~O_ a) Would the project increase tho use of e.isting neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational faciliries or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? ^ ^ ^ ^ YV.TRAINSPORTATION/'CRAFFiC -Would the project: a) Cause an increase in tratlic which is ytrbstantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)'? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either :ur increase in traffic levels or a change in location that regtrlts insubstantial safety risks'? J) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (r.g., farm equipment)'? c) Result in inadequate emergency access? t~ Result in inadequate parking capacity? ^ ^ ^ ^ ^ ^ ^ ^ a ^ ^ ~ ^ ^ a No Substantial ,Vew ,bfore Change Frain Signiftcant Severe Previous Impact Impacts .-lnnlysis g) Conflict with adopted policies, plans, or programs wpporting alternative transportation (e.g., bus turnouts, bicycle raclcs)'I CVI. U't'ILI'1'IES AND SERVICE. SYSTEM Would the project: a) l:xcced wastewater treatment requirements of the applicable Regional Water Quality Control Board? h) Rewire 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'1 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental ~l'fects'1 d) Have sufficient water supplies available to serve the projc~:t from existing entitlements and resources, or are new or zxpanded entitlements needed? e) Result in a determination by tho 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'1 fj Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? 1CViI. MANDATORY FINDINGS OF SIGNIFICANCE a) Does -he project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? h) Dues the project have impacts that are individually limited. but cumulatively considerable? ("Cumulatively considerable" means that the incremental et~ects of a project <<re considerable when viewed to connection with the effects ut'past projects, the etl'ects of other current projects, and the .;[facts of probable future projects)'I ~.l Does the project have environmental effects which will pause substantial adverse effect on human beings, zither directly or indirectly'! ^ ^ ^ ^ ~ ^ ^ ^ ^ ^ ^ D ^ ^ ^ ^ ^ ^ ^ a ^ ^ 0 ^ ^ 0 EVALUATION OF ENVIRONMENTAL IMPACTS 3017 EDINGER AVENUE CODE AMENDMENT 09-003 CONDITIONAL USE PERMIT 09-004 DESIGN REVIEW 09-004 PROJECT LOCATION The project site is located within the Planned Community Industrial (PC 1ND) zoning district and designated as Planned Community CommerciaUBusiness by the General Plan. The project site is within Jamboree Plaza and subject to the Jamboree Plaza Planned Community District Regulations. Jamboree Plaza is a triangle shaped commerciallindustrial center of approximately 17.5 acres in size and is bounded by Jamboree Road to the east, Edinger Avenue to the south and west, and the Orange County Transportation Authority (OCTA) railway to the north. The Tustin Metrolink Commuter Station lies along the northern portion of Jamboree Plaza along the railway. Access to the Tustin Metrolink Station is provided through Jamboree Plaza. Jamboree Plaza consists of tour separate. land use areas that allow for various commerciaU industrial activities some of which include: retail, commercial, otTice, automotive services, warehousing, and light industrial uses. There is a total authorized building square footage of 163,200 square feet for Jamboree Plaza and the center is built out. PROJECT DESCRIPTION 'i'he project applicant, Tustin Field Gas & Food, Inc., is proposing to add an express self-service carwash to an existing gas station/mini-mart. The applicant is also requesting to upgrade their existing Alcoholic Beverage Control (ABC) License. The project will involve the following entitlements: • Code Amendment 09-003 -The proposed caiwash does not meet the minimum building setbacks as identified in the Jamboree Plaza Planned Community District Regulations. The applicant has requested a code amendment to reduce the required building setback from Edinger Avenue from thirty (30) feet to fifteen (15) feet. • Design Review 09-004 -The proposed carwash requires design review to evaluate the aesthetic impacts and site planning. • Conditional Use Permit 09-004 - A request to upgrade an existing ABC License requires approval of an amendment to the existing conditional use permit which allows for ofF site alcohol sates. Existing on the subject property is a 76 gasoline service station which provides twelve (12) Fueling positions. Also existing on site is a 1,95 square foot food mart which includes a combined Circle I ~ valuation of Environmental Impacts C~~ U9-U03, CUP 09-U04, DR 09-004 I'a~e 2 K store as well as a Subway sandwich shop. The site is located on the southeast comer of the 5ibmaled intersection of Edinger Avenue and the private Jamboree Plaza Drive. The proposed carwash would be located along the westerly elevation of the existing food mart building adjacent to Edinger Avemte. The car wash would occupy as existing drive-through lane that has been abandoned. A minimum building setback of thirty (30) feet from Edinger Avenue is required per the Jamboree Plaza Planned Community District Regulations. Currently the existing building is set back thirty-one (3I) feet from Edinger Avenue and the proposed carwash would be set back fifteen (1 S) feet from Edinger Avenue. Therefore the applic~rtt has requested Code Amendment U9-003 to reduce the minimum building setback from Edinger Avenue to 15 feet. Placement of the proposed carwash would almost exactly overlay the existing abandoned drive- through lane. Approximate dimensions of the proposed earwash tunnel are 17 feet by 75 feet with the length of the tunnel matching up to the length of the existing building on that elevation. The height of the proposed tunnel at 17 and a half feet would be lower than the existing building height of 21 feet and tower element height of 28 feet. Minimal landscaping would need to be removed in the planter area behind the sidewallc as a result of the car wash tunnel. The design of the tunnel would mimic the Tustin blimp hangers which are located just across Edinger Avenue within Tustin Legacy and currently visible from the project site. Materials, colors, and finishes would be compatible with the existing structures on-site as well as those within Jamboree Plaza. There is currently an ASC Type 20 License existing at the property for the sale of beer and wine for utf site consumption. On August 10, 1998, the City of Tustin Planning Commission adopted Resolution No. 360b, approving Conditional Use Permit 98-013 authorizing the sale of off site beer and wine at the subject location. Condition No. 2.2 of Resolution No. 3606 requires that CUP 98- 013 be amended prior to offering other types of alcoholic beverages for sale. The applicant is proposing to operate with a Type 21 ABC License which would also allow for the sale of hard liquor in addition to the beer and wine for ot~ site consumption. CLIP 09-004 has been submitted by the applicant to amend Condition No. 2.2 and authorize a Type 21 License for the establishment. PREVIOUS ENVIRONMENTAL DOCUMENTATION A Negative Declaration for the development of Jamboree Plaza was adopted by the Tustin City Council on June 3, 1991 through Resolution No. 91-75. Said Negative Declaration evaluated the environmental impacts associated with Zone Change 90-01, Tentative Parcel Map 90-292, Tentative Parcel Map 90-293, and Design Review 90-40 which were also approved by the Planning Commission and City Council. This project implemented the Planned Community District Regulations for Jamboree Plaza as well as approved the initial project design and subdivision. Various changes occurred in the development of Jamboree Plaza over the next few years including the development of a commuter rail station on an adjacent parcel which is currently used by yletrolink. On November 3, 1997, the City Council adopted Resolution No. 97-108 adopting a Tiered Negative Declaration to amend the existing Jamboree Plaza Planned Community District Regulations and adjust the project boundaries. Associated with this project were approvals for Zone Change 97-002, Tc'tttative Parcel Map 97-016, and Design Review 97-016. ~valuatioa of Environmental Impacts CA U9-003. C[IP 09-004. DR 09-004 Pale 3 Un December 1, 1997, the City Council adopted Resolution No. 97-111 adopting the Negative Declaration for Zone Change 97-004 to allow for salt=service caiwashes within Jamboree Plaza. The Planned Community District Regulations for Jamboree Plaza previously allowed full service carwashes as permitted uses and this zone change amended the text to also allow self-service carwashes as permitted uses. 'T'he City Council can approve the activities as being within the scope of the project covered by the Jamboree Plaza Negative Declarations if it is determined that pursuant to Section 15162 of the CEQA Guidelines no new effects would occur, nor would substantial changes or a substantial increase in the severity of previously identified significant effects occur. Eor the proposed project, the City prepared the following comprehensive Environmental Checklist and the analysis below to determine if the project is withia the scope of previous Negative Declarations and whether new effects would occur as a result of the project. EVALUATION OF ENVIRONMENTAL IMPACTS The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. L AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited tq trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial tight or glare, which would adversely affect day or nighttime views in the area? No Sub~andal Change from Previous Analysis. The proposed project would not Gave any additional impacts on aesthetics. All future projects would still be subject to the City's design review process to control for aesthetics. Code Amendment 09-003 proposes to reduce the required building setback offEdinger Avenue from thirty feet (30') to fifteen feet X15'}, This should not have an overall impact on Jamboree Plaza as the center is built out and still subject to the maximum building square footage thresholds identified in the Jamboree Plaza Planned Community District Regulations. The proposed seduction in the required building setback would not have a substantial effect on the existing landscape terming along Edinger Avenue. The existing landscaping along Edinger Avenue meanders with the existing sidewalk and is between approximately sixteen feet (1 b') and thirty feet (30') in width. A maximum encroachment into this area by a building would still appear uniform along Edinger Avenue as a minimum width of fifteen feet (1 S') of landscaping would still be provided. Evaluation of Environmental Impacts c: A 09-003, CUP 09-004. DR 09-004 Page 4 Many of the buildings within Jamboree Plaza are commercial condominium type units and expansion is limited by the maximum square footage thresholds established for the center. Expansion also requires approval of the Jamboree Plaza Association. Due to the orientation ~~f the Misting buildings along Edinger Avenue it is unlikely that additions to these buildings would be proposed especially along the elevations fronting Edinger Avenue due to the limited space. Nevertheless, aesthetic values regarding new development or additions to existing structures along Edinger Avenue would be upheld through the City's and Association's design review process which could control for massing, materials, finishes and architectuore. The proposed carwash addition to the existing service station is unique in the fact that it will primarily overlay what was at one time an active drive-through lane that has since been abandoned. Based on field observations and submitted plans it appears that only minimal landscaping would be required to be removed as a result of the proposed carwash. Any trees that would be displaced as a result of the project could be replaced or relocated elsewhere on site, although it appears that only one tree may be required to be removed. The design of the carwash would mimic the Tustin blimp hangers which are located just across Edinger Avenue at Tustin Legacy and currently visible firm the project site. The carwash structure would be composed of materials and finishes compatible with the existing building and the center as a whole. The project is not located on a scenic highway and will not atyect a scenic vista. No substantial change is expelled from the analysis previously completed in the Negative Declarations. A~fitigation/Monitoring Required: No new mitigation is required. Sources: Submitted Plans California Scenic Highway Mapping System Field Observations Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan [L AGRICULTURE RESOURCES - In determining whether impacb 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 impacb on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Evaluation of Environmental Impacts CA U9-003. CUP 09-004, DR 04-004 Page 5 b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland to non-agricultural use? 1Vo Substantial Change from Pretrious Analysis. The proposed project will not directly cause Agricultural impacts. The project site is located within an urban area where no farmland is present. Jamboree Plaza is a built out commerciaUindustrial center that does not c:ontlict with any agricultural uses. The site is consistent with the site's General Plan [.and Use Designation of Planned Community CommerciaUBusiness and the zoning designation of Planned Community Industrial. No new effects to agricultural resources from the previous Negative Declarations would resulE fiom the proposed project being implemented. The proposed project would not convert prime farmland, unique farmland, or farmland of statewide importance as shown on maps prepared pursuant to the Farmland Managing and Monitoring Program of the California Resources Agency to non-agricultural use. Also, the property is not zoned or used for agricultural use or a Williamson Act Contract, nor does the allowed use involve other changes in the existing environment that could result in the conversion of farmland to non-agricultural use. The prior Negative Declarations identified no impacts related to agricultural resources. No substantial change is expected from the ;uialysis previously completed in the Negative Declarations. :biitigation/Monitaring Required: No mitigation is required. Sources: Field Observations Farmland Mapping and Monitoring Program -Orange County Map 2006 Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan [II. AIR QUALITY -Where available, the slgniflcance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an e~dsting or projected air quality violation? Evaluation of Environmental Impacts ~'A 09-003, CUP 09-1)04, DR 09x)()4 Nage 6 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is noo-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed ~luantitatlve thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? .Yo Substantial Change from Previous Analysis; The proposed project would not have an effect on air quality as a result of project implementation. The project proposes to alter a development standard in regards to building setbacks. No change in use is being requested and the impacts associated with aself-service carwash have already been reviewed in a previous environmental review since self-service carwashes are permitted uses within the Jamboree Plaza Planned Community District Regulations. The project will not alter any of the maximum building square footages as previously approved for Jamboree Plaza. The prior Negative Declarations identified potentially significant impacts to air quality unless mitigated. Short term impacts may have been experienced in relation to grading while long term potential impacts could result from future tenant uses. Mitigation requires dust control during grading and construction activities as well as specific tenant compliance with all ;applicable South Coast Air Quality Management District permitting and regulations. No substantial change is expected from the analysis previously completed in the Negative Declarations. ~Ilitigatioir/Monitoring Required.• No new mitigation is required. Sources: Field observations Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan [V. BIOLOGICAL RESOURCES -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identiffed as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified In local or regional plans, policies, reguistlons, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service'! c) Have a substantial adverse etI'ect on federally protected wetlands as defined by Section X04 of the Clean Water Act (including, but not limited to, marsh, vernal Evaluation of Environmental Impacts c'A U9-003. CUP 09-004, DR 09-004 !'age 7 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 estabUshed native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) ConfUct with fife provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Substantial Change frons Previous Analysis. The project site is located within an urbanized area that is free of any significant population of animals, fish or wildlife as well as migratory wildlife There is no wildlife habitat or wetlands at the project site. The proposed project would not result in impacts to federally listed, threatened, or endangered plant or animal species The prior Negative Declarations identified no impacts related to biological resources. No substantial change is expected from the analysis previously completed in the Negative Declarations. MitigatiotiMonitoring Required: No mitigation is required. Sources: Field Observations Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-l08, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan V. CULTURAL RESOURCES -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.3? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unlgae paleontological resource or site or unique geologic feature? d) Disturb any human remains, Including those interred outside formal cemeteries? ;Vo Substantial Change from Previous Analysis There are no historical resources associated with the project site or Jamboree Plaza No substantial excavation or grading would be required in the future as a result of the project. The project site and Jamboree Plaza are built out in an urbanized area. The proposed project would not disturb any human f:valuatian of Environmental Impacts (,'A U9-003, CUP 09-1Nk, DR 09-004 Page 8 remains or result in impacts to historical, archaeological, or paleontological resources. The prior Negative Declarations identified no impacts related to cultural or historical resources. No substantial change is expected from the analysis previously completed in the Negative D~larations. ~~t~fitigatiorriMoraitoring Regtured.• No mitigation is required Sources: Field Observations Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-10$, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan VI. GEOLOGY A1VD SOILS -Would the project: a) Expose people or structures to potendal substantial adverse effects, including the risk of lose, injury, or death involving: • 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 iViines and Geology Special Publication 42. • Strong seismic ground shaking? • Seismic-related ground failure, including liquefaction? ~ Landslides? b) Result in substandal soil erosion or the lose 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, Iquefacdon or collapse? d) Be located on expansive soil, as defined in Table 1&1-B of the Uniform Building Code (lOQI), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Substantial Change from Previous Analysis, The proposed pmject would not result in additional impacts to geology and soils. The project site is located within in an area subject to liquefaction, however, minimal grading and/or excavation would result from the project implementation. Prior Negative Declarations for Jamboree Plaza identified poteniially significant impacts to geology and soils unless mitigated. Mitigations measures included appropriate site preparation and methods in accordance with the City's Grading Manual and Evaluation of Environmental Impact C.'A 09-003, CUP 09-004, DR 09-004 Page 9 the Uniform Building Code. These mitigations measures would still be applicable to any future development at Jamboree Plaza. :i~fitigation/Monitoring Required: Compliance with existing rules and regulations would avoid the creation of potential impacts. No new mitigation is required. Sources: Field Observations State of California Seismic Hazard Zune Map Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan VII. RAZA-RDS AND HAZARDOUS MATERIALS -Would the project: a) Create a significant hazard to the publle or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materlals into the environment2 c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is incladed on a list of hazardous materials sites compiled pursuant to Government code Section 65462.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a publle airport or public use airport, would the project result is a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g~ Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of toss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? l:v;iluation of Environmental [cnpacts C'~\ U9-003, CUP 09-004, DR 09-004 Page LU No Substantial Change from Previous.-analysis. The proposed project would not have any impacts related to hazards or hazardous materials. Carwashes have been previously ~uialyzed for environmental impacts and are permitted uses within the Jamboree Plaza Planned Community District Regulations. Prior Negative Declarations identified less than ,igtuficant impacts related to hazards and hazardous materials. Mitigation measures require that all construction be developed in accordance with the Uniform Building Code and Eire Code. These mitigation measures would Brill be applicable to any future development at Jamboree Plaza, ,bliti~ationiMonitoring Required: Compliance with existing rules and regulations would avoid the creation of potential impacts. No new mitigation is required. Sources: Field Observation Airport Environs Land Use Plan (AELUP) Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan YIIL [iYDROL,OGY AND WATER QUALITY -Would the project: a) Violate any water quality standards or waste discharge requiremenb? b) 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 level (e.g., the production rate of pre-existing nearby wells would drop to a level whfch would not support existing land uses or planned uses for whlc6 permits Gave been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? 1?valuadon of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 ('age 11 f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or strictures to a signiflcant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ~Vo Substantial Change frons Previous .4nalysis The proposed project will not cause direct impacts to hydrology and water quality. Carwashes have been previously analyzed for envirormental impacts and are permitted uses within the Jamboree Plaza Planned Community District Regulations. The proposed carwash would be subject to developing a Water Quality Management Plan (WQMP) and implementing Best Management Practices (BMPs) required by state law. The prior Negative Declarations only identified drainage patterns and absorption rates as posing a potentially significant impact unless mitigated. These potential impacts were primarily associated with vacant land being converted to an impervious surface and substantial grading activities at the time. Mitigation measuues required compliance with the City of Tustin Grading Manual. These mitigations measures would still be applicable to any future development at Jamboree Plaza. :1~litigation/Monitori~g Required: Compliance with existing rules and regulations would avoid any potential impacts related to water quality and groundwater. No new mitigation is required. Sources: Field Observations Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 9?-108, 97-111 Jamboree Plaza Planned Community I}istrid Regulations Tustin General Plan IX. LA1~iD USE AND PLANMNG-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 conununity conservation plan? Gvaluation ot• Environmental Impacts L;~ 09-003. CUP 09-004, DR 09-004 Page 12 ,'Vo Substantial Change frone Previous Analysis Except for the proposed change to the huilding setback from the street, the project is consistent with the zoning designation of Planned Community Industrial and the Gcirteral Plan Land Use designation of Planned Community CommerciaiBusiness. No changes to allowable uses or maximum building square footages as identified in the Jamboree Plaza Planned Community District Regulations are being proposed. The prior Negative Declazations identified no impacts related to land use and planning. The proposed modification will not atFect the overall land use pattern in the area and would not create an intensification of use that could impact the community. No substantial change is expected from the analysis previously wmpleted in the Negative Declarations. Mitigatio-t/Monitoring Required: No mitigation is required. Sources: Field Observation Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 9?-108, 97-1 l 1 Jamboree Plaza Planned Community District Regulations Tustin General Plan ?C. NIlINE12Ai. RESOURCES -Would the project; a) Result in the lose of availabiUty of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plaa? ,Vo Substantial Change from Previous Analysis The proposed project is associated with an existing commerciaUindustrial center. No known mineral resources are present at the site and the project would not have any impact on mineral resources. The prior Negative Declarations identified no impacts related to mineral resources. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mittgation/Monitoring Required.• No mitigation is required. Sources: Field Observation Jamboree Plaza Negative Declazarions -City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan YI. iYOISE -Would the project: 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? Gvaluadon of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page l3 b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels2 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) r1 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 aces to excessive noise levels? 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? :Vo Substantial Change from Previous AnalysiR The proposed project would not generate any long-term noise impacts. Short-term noise impacts may be observed during construction phases, however, all construction activities would be required to meet the City of Tustin Noise Ordinance and would be conducted consistent with City approved days and hours for construction ac-tivities. No operational noise impacts are anticipated as the proposed carwash would be required to comply with the City's Noise Ordinance. Jamboree Plaza is also bordered by two major arterial highways in Edinger Avenue and Jamboree Road as well as bordered by the OCTA railroad tracks. The prior Negative Declarations identified noise as posing a potentially significant impact unless mitigated. Mitigation measures included an acoustical analysis for Jamboree Plaza in addition to compliance with the City Noise Ordinance and adhering to the City's construction operations and permitted hours. rKitigation/Monitoring Required: The prior Negative Declarations concluded that with implementation of identified mitigation measures, there would be no impacts related to noise. No new mitigation measures would be required. .Sources: Field Observation City of Tustin Noise Ordinance Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 9?-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan Evaluation of Environmental Impact. C'A t)9-003, CUP t)9-004, DR 09-t)04 Page 14 YII. POPULATION & 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 roads or other infrastructure)? k~) 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? IYo Sabstarrtial Change from Previous ~naiysis: The proposed project is part of a larger wmmerciaUindustrial center and will not require the implementation of any additional infrastructure or replace any housing. The center is built out and there is no proposed change to the existing maximum building square footage thresholds as identified in the Jamboree Plaza Planned Community District Regulations. The prior Negative Declarations identified no impacts related to population & housing. No substantial change is expected tiom the analysis previously completed in the Negative Declarations. Mitigatiorr/Monitortng Required: No mitigation is required. Sources: Field Observations Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97- l 11 Jamboree Plaza Planned Community District Regulations Tustin General Plan VIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of aew or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: ~Vo Substantial Change franc Previous Analysix The proposed project will not require any additional public services than those already existing in place. The project proposes to reduce a building setback and will have no intensification of use that has not already been analyzed. There is no proposed change to the existing maximum building square footage thresholds as identified in the Jamboree Plaza Planned Community District Regulations. The prior Negative Declarations identified no impacts related to public services. No substantial change is expected from the analysis previously completed in the Negative Declarations. evaluation of Environmental Impacts (.'A 119-003, CUP t19-Q04, DR 09-004 Page l5 ;Lfitigationltl~onitoring Required: No mitigation is required. Sources: Field Observation Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97-1 l 1 Jamboree Plaza Planned Community District Regulations Tustin General Plan YIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, whkh might have an adverse physical effect on the environment? Nn Subs7antlal Change from Previou8 Analysist The proposed project is within an existing commerciaUindustrial complex and will have no impact on parks or recreational facilities. There are no recreational facilities at the project site and the project will not result in an increased demand or use of recreational facilities. The prior Negative Declarations identified no impacts related to recreation facilities. No substantial change is expected liom the analysis previously completed in the Negative Declarations. 11~titigation/Monitoring Required: No mitigation is required. Sources: Field Observation Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-148, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan !CV. TRANSPORTATIONlI'RAFFIC -Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? I:vsluation of Environmental lmpacts CA 09-003, CUP 09-004, DR U9-OO4 P:age I(~ d) Substantially increase hazards due to s design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result is inadequate parking capacity? p~ Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? tVn Subsmntial Change from Previous .•fnalysis. A Traffic Impact Analysis was prepared for the development of Jamboree Plaza which evaluated maximum thresholds and made recommendations regarding traffic circulation. Implementation of the various recommendations has already occurred at this point and the center is built out. The proposed project would not change any of the allowed uses or maximum building square footages. No change to the circulation or trip totals projected in the updated Traffic Impact Analysis would occur as a result of the project. The prior Negative Declarations identified Icss than significant impacts related to trransportation/traffic with the implementation of mitigation measures as identified in the Tratl'ic Impact Analysis. No substantial change is expected from the analysis previously completed in the Negative Declarations. :~LfitigationlMonitoring Required: No new mitigation is required Sources: Field Observations [CHR Traffic Study Update Dated September 3, 199? Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan YVI. UTILITIES AND SERVICE SYSTEMS -Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Cvaluation of Eavimnmental Impacts C;S 09-003. CUP 09-004, DR 09-004 Page 17 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? ll Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste'1 ~'Vo Substantial Change from- Previous .-lnalysis. The project site is already developed and located in an urbanized area where all utilities and services are existing. The proposed project would not create the need for additional water or tand5ll facilities. The proposed carwash would be required to comply with the regulations set forth by the Regional Water Quality Contro113oard. The project is also required to develop a water quality management plan and implement all best management practices. The prior Negative Declarations iti~tified no impacts related to utilities and service systems. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation/Monitoring Required.• No mitigation is required. Sources: Field Observations Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan YVII. 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 rho range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Doea the project have impacts that are indlvldually limited but cumulatively considerable? ("Cumnlatively 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 cnrrent projech, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectty? Evaluation of Environmental Impacts (~ A U9-UU3, CUP U9-004, DR 09-004 Toga 18 The Negative Declarations previously prepared for Jamboree Plaza considered all environmental impacts associated with the proposed project. All previously identified mitigation measures applicable to the proposed project would be implemented. The majority of the mitigation measures identified in the previous Negative Declarations involve compliance with Federal, States, and local codes and regulations. The proposed project would be requited to meet all applicable codes and regulations throughout the development process and during operation. The project does not create any impacts that have not been previously addressed by the Negative Declarations. Sources: Field Observations Jamboree Plaza Negative Declarations -City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan CONCLUSION All potential et~ects of the proposed project were previously analyzed in the Negative Declarations for Jamboree Plaza. No new effects will occur, no substantial changes would occur, no intensification of impacts would occur, and no new mitigation measures will be required. Implementation of future activities and development at the project site could be subject to subsequent environmental review under CEQA as may be required by law. No substantial change is expected from the analysis previously completed in the Negative Declarations for Jamboree Plaza.