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HomeMy WebLinkAbout02 ORD 1373 REST SEATING REGSTUSTIN Agenda Item 2 Reviewed: AGENDA REPORT City Manager Finance Director N/A BU~ILOING OUR FUTURE HONORING OUR PAST MEETING DATE: JANUARY 5, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ORDINANCE NO. 1373 (CODE AMENDMENT 09-004) -REDUCED RESTAURANT PARKING REQUIREMENTS FOR OLD TOWN TUSTIN AND ESTABLISHMENT OF NEW OUTDOOR RESTAURANT SEATING REGULATIONS FOR THE CITY, INCLUDING OLD TOWN TUSTIN SUMMARY: Completed in 2008, the Old Town Parking Study evaluated existing parking conditions in the commercial areas of Old Town and made numerous recommendations that the City consider implementing modified parking standards, and alternative methods of addressing parking requirements within Old Town Tustin that would promote business attraction and economic development in the area. The Tustin City Council formally received the Old Town Parking Study and directed staff to begin implementing the various parking alternatives discussed within that document for the commercial area of Old Town. Proposed Code Amendment 09-004 (Ordinance No. 1373) would implement innovative parking solutions and modify the City's standard parking requirements to: 1) Reduce restaurant parking requirements for Old Town Tustin; and 2) Facilitate the establishment of outdoor restaurant seating areas in Commercial Districts within the City, including Old Town Tustin. RECOMMENDATION That the City Council: Adopt Resolution No. 10-03 to adopt the Negative Declaration prepared for Code Amendment 09-004 (Attachment 1). 2. Introduce and have first reading of Ordinance No. 1373, approving Code Amendment 09-004 to reduce restaurant parking requirements for Old Town Tustin and facilitate the establishment of outdoor restaurant seating areas in the City (Attachment 2). 3. Direct staff to prepare an additional amendment to the Tustin City Code to discourage drive-thru businesses within the commercial areas of Old Town. City Council Report Ordinance No. 1373 Page 2 FISCAL IMPACT: Ordinance No. 1373 is aCity-initiated project. There are no direct fiscal impacts anticipated as a result of adopting this ordinance. BACKGROUND: New and expanded restaurant operations can attract additional customers to surrounding commercial businesses, would enhance the Old Town walking experience, and would provide a synergistic benefit to the overall economic vitality of the City. Outdoor restaurant seating areas also attract customers to a restaurant and provide additional market exposure to surrounding retail, service and office businesses. In addition, outdoor restaurant seating areas add color, light, pedestrian activity and other excitement to a streetscape. Code Amendment 09-004 has been prepared to implement the following three recommendations of the Old Town Parking Study. Modify standard parking requirements or implement innovative parking solutions to create an attractive area for businesses to locate. • Review and revise the Tustin City Code to permit limited restaurant uses within existing multi-tenant buildings under special permit without the need for an increase in on-site parking requirements for such uses. Modify the Tustin City Code to enact new or relaxed parking requirements for Old Town. City Council Report Ordinance No. 1373 Page 3 Code Amendment 09-004 is intended to address the following ongoing issues: 1. Current City parking requirements act as a disincentive to restaurants desiring to locate to or expand within Old Town Tustin. Tustin has an abundance of modern shopping centers with large parking lots that easily support the addition of new restaurant uses. In contrast, many commercial properties in Old Town Tustin were built before the advent of modern parking requirements, and therefore have little or no on-site parking, making them reliant upon the availability of on-street parking. Tustin City Code Section 9263A currently requires the provision of additional parking spaces when a restaurant is proposed to replace a less intensive existing use, such as an office. For most locations in Old Town, the provision of additional on-site parking is impossible. The Tustin City Council has previously adopted several parking relief options for businesses desiring to locate to Old Town. The options, and issues related to these options are as follows: 1) Permanently secure parking spaces on private property located within 300 feet of the proposed business (few if any private properties in Old Town have surplus parking spaces available for permanent use by a new, off-site restaurant); 2) Lease public parking within 300 feet (requires a lease payment to the City, public spaces are limited, and public parking facilities may be located outside the 300 foot distance requirement); and, 3) pay an in-lieu fee equal to the cost of purchasing and constructing anew parking space (in-lieu fees are costly). City Council Report Ordinance No. 1373 Page 4 To a restaurateur looking for a place to open a new restaurant, the parking options available to Old Town are often too costly or time consuming, and therefore not as attractive as simply locating elsewhere in the City, where parking is not an issue. Code Amendment 09-004 proposes the modification of Tustin City Code Section 9263 (Parking) to implement the Old Town Parking Study by reducing the parking requirement for restaurants to locate to and expand within Old Town Tustin, as follows: • Incentivize new restaurants and restaurant expansions to replace previously existing, less parking-intensive retail, service and office uses in Old Town, without being required to provide any additional parking spaces (see Attachment 1 for a map of affected area); • Expands the original Old Town Parking Study goal to include both full service restaurants and take-out restaurants (e.g. deli/sandwich and coffee shops) to capture the full customer attraction potential intended by the Old Town Parking Study. • Expands the original Old Town Parking Study goal to include both multi- and single tenant properties in order to facilitate the full customer attraction and community benefit intended by the Study. The Old Town Parking Study concluded that Old Town has a sufficient supply of on- street and public parking spaces. Eliminating the current requirement that new restaurants provide additional parking or secure the costly parking options referred to above is an innovative parking solution intended to ensure Old Town continues to be an attractive place for restaurants and other businesses to locate. 2. Existing City requirements act as a disincentive to the establishment of outdoor seating areas that could benefit commercial areas within the City of Tustin, including Old Town Tustin. Outdoor restaurant seating areas attract customers to the restaurant and provide additional market exposure to surrounding retail, service and office businesses. Outdoor restaurant seating areas also add color, light, pedestrian activity and other excitement to a streetscape. Because outdoor seating areas expand a restaurant's overall customer seating capacity, restaurants proposing to add outdoor seating areas are currently required to provide additional parking. For most locations in Old Town, and many other commercial locations throughout the City, the provision of additional on-site parking is impossible. In addition, any proposal for outdoor seating must currently comply with Planning Commission Policy Resolution No. 2490. Adopted in 1988, Policy Resolution No. 2490 requires outdoor seating requests to be reviewed and approved by the Planning Commission through a Conditional Use Permit (CUP). The Policy also requires outdoor seating areas to comply with a number of other requirements, City Council Report Ordinance No. 1373 Page 5 including providing additional parking, be set back five (5) feet from property lines and parking lots, be located 200 feet from a residential use, etc. The requirements identified in Policy Resolution No. 2490 were never adopted into the Tustin City Code. Policy Resolution No. 2490 can act as a disincentive to the establishment of outdoor seating areas that could otherwise benefit commercial areas within the City of Tustin, including Old Town Tustinn, to the potential detriment of nearby businesses and the community at large. Code Amendment 09-004 would add Tustin City Code Section 9277 to update, simplify and codify the City's policies to enable and encourage the installation and use of restaurant outdoor seatincr areas to the benefit of Old Town and other commercial areas throughout Tustin as follows: • Incentivize restaurant outdoor seating by reducing the amount of parking required, recognizing that the addition of a relatively small amount of outdoor seating will have a negligiblE: and temporary impact on area parking demand and that the additional customer attraction generated will have a beneficial impact to surrounding comrercial businesses. It is proposed that outdoor seating areas no larger than fifty percent (50%) of the restaurant's interior seating floor area or 12 sE~ats (whichever is greater) would be permitted without requiring the provision of any additional parking spaces. Larger outdoor seating areas could also be proposed but would be required to provide additional parking fo!r the portion of outdoor seating area that exceeds the established threshold. • Extend the proposed parking flexibility for outdoor seating areas beyond Old Town Tustin to include all commercial areas of Tustin. • Utilize the City's existing staff design review process to replace the current cumbersome, time consuming, and costly CUP process. Restaurants that have already established outdoor seating areas through an approved Conditional Use Permit will continue to be governed by the terms of those permits and will not be required to obtain any additional approval. However, if Code Amendment 09-004 is approved, restaurants with previously approved CUPs may request that the CUP be revoked or amended to permit the affected restaurant to complyr with the regulations proposed in Ordinance No. 1373. • Eliminate the existing list of guidelines established in Planning Commission policy Resolution No. 24901 and codify requirements associated with the establishment and operation of outdoor seating areas to facilitate and ensure consistency in regulation, application, and enforcement. • Allow restaurant outdoor seating areas within a City sidewalk or other public right-of-way through the issuance of an administrative License by the City of Tustin. For many commercial properties, including those within Old Town Tustin, much of the built environment is constructed at street property lines, City Council Report Ordinance No. 1373 Page 6 adjoining public sidewalks. Without the use of available City sidewalk areas, restaurants located within these commercial properties could not utilize restaurant outdoor seating areas. Several other Southern California cities encourage sidewalk seating within public right-of-ways to energize main street commercial activity (see Attachment 2). Staff believes that the benefits associated with the introduction of ancillary outdoor restaurant seating areas should be facilitated and that the additional, localized parking demand generated by the introduction of outdoor restaurant seating areas would be negligible and transitory. Code Amendment 09-004 would streamline and expedite the processing of outdoor restaurant seating area applications, to the benefit of restaurant applicants and the public, and assist in the attainment of the City's overall economic development and business retention objectives. GENERAL OUTDOOR SEATING DESIGN REGULATIONS All new or replacement restaurants proposed within Old Town typically require Design Review approval. Planning Commission Resolution No. 2490 previously established certain design guidelines for restaurant outdoor seating areas. Code Amendment 09- 004 would ensure that outdoor restaurant seating areas adhere to the following operating requirements: • Outdoor furniture would be attractive and compatible with the primary restaurant and surroundings. The use of awnings, umbrellas, plants and other human scale elements would be encouraged to enhance the pedestrian experience. • No long term outdoor keeping or storage of food or beverages, dishes, utensils or food scraps is permitted. City Council Report Ordinance No. 1373 Page 7 • Use of restaurant seating areas would be permitted only at such times as the main place of business is open, and in no event before 6:00 a.m. and after 11:00 p.m., except when the restaurant outdoor seating area abuts in whole or in part a residentially used or zoned property, in which case the hours of operation shall be limited to no earlier than 7:00 a.m. and no later than 10:00 p.m. Special events could be permitted through the City's existing Temporary Use Permit procedure that could extend hours limitations on a short-term basis. • No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than fifty percent (50%) of the restaurant's interior seating area; 1 additional parking space shall be required for each additional 100 sq. ft. by which the outdoor restaurant seating area exceeds the fifty percent (50%) threshold. • The outdoor seating area may have a menu board of six square feet. • Sale and consumption of alcoholic beverages in the outdoor seating area shall be restricted by state Alcoholic Beverage Control and any other license or permit governing the restaurant; the area will be accessible to the disabled, and will not be allowed to obstruct any fire exit, fire escape, or other required ingress or egress. OUTDOOR SEATING REGULATIONS WITHIN THE PUBLIC RIGHT-OF-WAY Outdoor seating areas in sidewalk areas of the Old Town public right-of-way have not been pursued by many private property owners. Currently, any request to place restaurant seating within the Old Town public right-of-way requires Community Development Department approval of a Conditional Use Permit and Public Works approval of an Encroachment Permit. Encroachment Permits must typically be renewed annually. Permanently installed fixtures or enclosures (wrought iron railings, area lighting, etc.), have not historically been permitted within the right-of-way. City Council Report Ordinance No. 1373 Page 8 Adoption of Code Amendment 09-004 would amend Tustin City Code Section 7210 to provide the opportunity for Old Town restaurants to place an outdoor seating area within a portion of the City sidewalk, property or other public right-of-way through the issuance of an administrative License by the City. A license would include conditions that would protect and indemnify the City, and ensure continued public access to a portion of the sidewalk, etc., but would be more attractive to a business owner since it would not require annual renewal, such as an encroachment permit. If desired, the City License could require a restaurant to pay an annual usage fee. And, physical barriers (wrought iron or similar) required by State Alcoholic Beverage Control (ABC) when alcohol is served, could be permitted within the right-of-way. In addition to the requirements identified for restaurant outdoor seating areas discussed above, sidewalk seating areas would be required to adhere to the following operating regulations: • Outdoor dining located on the sidewalk area of the public-right-of-way is proposed to be permitted for all commercial properties in Tustin. • The use of public property for outdoor restaurant seating is permitted only when incidental to the operation of a restaurant and abutting said restaurant. • The restaurant operator or property owner must execute with the City of Tustin a License agreement for the use of the City property and provide proof of insurance and to indemnify, defend, and hold harmless the City of Tustin. • The placement of furnishings for the outdoor restaurant seating or the operation of the outdoor restaurant seating area may not interfere with pedestrian or vehicular traffic, or reduce the open portion of the public sidewalk to less than four (4) feet clear, nor may it obstruct access to any bus stop, crosswalk, mailbox, curb cut, parking space or any other public property, fire hydrant, sign etc. A wider clear passage area may be required at the discretion of the City. • The restaurant owner is responsible for the maintenance and upkeep of the public right-of-way used for the outdoor restaurant seating area. • At street intersections, the triangular area formed by measuring 25 feet along the curb lines, shall be a clear passage area. • Except for border enclosures required by ABC regulations, furniture and furnishings may not be attached by any means to the public sidewalk or any other public property. When notified by the City of Tustin to do so, the restaurant shall promptly remove all furnishings and obstructions from the public sidewalk or right-of-way to accommodate special events or to accommodate the repair or maintenance of City property, sidewalk, or public right-of-way. City Council Report Ordinance No. 1373 Page 9 ENVIRONMENTAL ANALYSIS Proposed Code Amendment 09-004 is considered a "project" subject to the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21000 et al. The City prepared an Initial Study and drafted a Negative Declaration (Attachment 3). The Draft Negative Declaration was available for public review from November 12, 2009 to December 2, 2009. No comments were received during the public review period or since. The City Council should consider the Draft Negative Declaration prior to taking action on Code Amendment 09-004. PUBLIC NOTICE, CHAMBER OF COMMERCE AND TUSTIN PRESERVATION CONSERVANCY REVIEW, AND TUSTIN PLANNING COMMISSION REVIEW A 1/8-page notice was published in the Tustin News on November 19, 2009 and November 26, 2009 for Planning Commission consideration. In addition, a 1/8-page notice was published in the Tustin News prior to the Tustin City Council's consideration of the matter on January 5, 2009. The notice informed the public of the Negative Declaration and proposed Code Amendment 09-004. Also, notices were mailed to every property owner within 300 feet of the Old Town commercial area and to all owners of major commercial sites within the City prior to the Planning Commission's and City Council's hearings on the matter. A copy of the draft Planning Commission staff report and proposed Code Amendment 09-004 were also forwarded to the Chamber of Commerce and Tustin Preservation Conservancy for review and comment by November 26, 2009. No written comments were received. Staff and the Planning Commission have received positive verbal comments from citizens on the proposal. A public workshop on Code Amendment 09-004 was held by the Tustin Planning Commission on November 10, 2009. A public hearing on Code Amendment 09-004 was held by the Tustin Planning Commission on December 8, 2009, whereupon Resolution No. 4129 was adopted recommending that the City Council adopt the Negative Declaration and Ordinance No. 1373 implementing the proposed project (Attachment 3). At that time, the Planning Commission also noted that existing C-2 zoning regulations do not differentiate Old Town from other C-2 zoned commercial properties throughout the City, and that drive-thru businesses could locate within Old Town as a conditionally permitted use. The Planning Commission expressed their belief that drive-thru businesses were not compatible with the Old Town walking experience and they recommended that an additional code amendment be prepared to eliminate drive-thru businesses as a conditionally permitted use in Old Town. Since the recommended code amendment for drive-thru businesses was not part of the project's previously prepared environmental analysis, public noticing, workshop, etc., the City Attorney has determined that modification of Code Amendment 09-004 could not occur, but that a separate code amendment would need to be prepared and considered, if the recommendation is supported by the Tustin City Council. City Council Report Ordinance No. 1373 Page 10 STAFF AND CITY ATTORNEY REVIEW Public Works, Redevelopment Agency and Police Department staff representatives have reviewed and expressed support for proposed Code Amendment 09-004. The City Attorney has reviewed and approved the content and form of Ordinance 1373. V d~_ Dana L. Ogdon Assistant Director ~.~L< _ , Elizabeth A. Binsack Director of Community Development Attachment 1: Resolution No. 10-03 to adopt the Negative Declaration for Code Amendment 09-004 Attachment 2: Ordinance No. 1373 Attachment 3: Area in Old Town Tustin Proposed for Restaurant Parking Flexibility Attachment 4: Survey of California Cities Regulating Outdoor Seating Attachment 5: Planning Commission Resolution No. 4129 S: \Cdd\ccrepore\ord i na nce 1373(oldtown resta u rantord finance). doc RESOLUTION NO. 10-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE NEGATIVE DECLARATION FOR CODE AMENDMENT 09-004, AMENDING CHAPTER 2, SECTION 9263 OF ARTICLE 9 OF THE TUSTIN CITY CODE AND ADDING SECTION 9277 TO CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING NEW RESTAURANT PARKING AND OUTDOOR SEATING REQUIREMENTS FOR OLD TOWN AND COMMERCIAL AREAS OF TUSTIN. 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 09-004 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 09-004 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 for a 20-day public review and comment period from November 12, 2009 to December 2, 2009, 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 December 8, 2009, to consider the Initial Study, proposed Negative Declaration and Code Amendment 09-004 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. 4129 recommending that the City Council adopt a Negative Declaration for Code Amendment 09-004; E. That the City Council conducted a duly noticed public hearing on January 5, 2010, to consider the Initial Study and proposed Negative Declaration prepared for Code Amendment 09-004 at which hearing, members of the public were afforded an opportunity to comment upon the project; Resolution No. 10-03 Page 2 F. That the City Council considered the Initial Study and the Negative Declaration (Exhibit A) and finds it sufficient for proposed Code Amendment 09-004. II. The City Council hereby adopts the Negative Declaration attached hereto as Exhibit A for Code Amendment 09-004. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 5th day of January, 2010. JERRY AMANTE MAYOR PAMELA STOKER 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. 10-03 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 5th day of January, 2010 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK Exhibit A COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: Code Amendment 09-004 (Ordinance No. 1373), providing more pazking flexibility for restaurants to locate to and expand within Old Town and facilitating the establishment of outdoor restaurant seating within all commercial azeas of the city, including Old Town. Project Location: New restaurant pazking flexibility proposed for Old Town Tustin. Facilitation of outdoor restaurant seating proposed for all commercial azeas of the city. Project Description: See project title. Project Proponent: City of Tustin Lead Agency Contact Person: Dana Ogdon Telephone: 714-573-3109 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regazding implementation of the California Environmental Quality Act, and on the basis of that study hereby fords: ® 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 cleazly no significant effects would occur. Said Mitigation Measures aze 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) calendaz 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 DECEMBER 2, 2009 Date ll - ~ `~ Q~ Elizabeth A. Binsack Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Code Amendment 09-004 Lead Agency: Lead Agency Contact Person: Project Location: Project Sponsor's Name and Address: General Plan Land Use Designation: Zoning Designation: City of Tustin 300 Centennial Way Tustin, California 92780 Dana Ogdon, Asst. Director Phone: (714) 573-3109 Citywide, including Old Town Tustin. City of Tustin N/A N/A Project Description: Code Amendment 09-004 amending Section 7210 of Part 1 of Chapter 2 of Article 7 and Portions of Section 9263 of Part 6 of Chapter 2 of Article 9 of the Tustin City Code pertaining to parking requirements for restaurants in Old Town and adding Section 9277 to Part 7 of Chapter 2 of Article 9 of the Tustin City Code establishing new outdoor restaurant seating area requirements for all Commercial Districts in Tustin Surrounding Uses: N/A 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 Irvine ^ City of Santa Ana ^ Orange County EMA Code Amendment 09-004 City of Tustin B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ^ Aesthetics ^ Air Quality ^ Cultural Resources ^ Hazards & Hazardous Materials ^ Land Use/Planning ^ Noise ^ Public Services ^ Transportation/Traffic ^ Mandatory Findings of Significance ^ Agriculture Resources ^ Biological Resources ^ Geology/Soils ^ HydrologyNVaterguality ^ Mineral Resources ^ Population/Housing ^ Recreation ^ Utilities/Service Systems C. DETERMINATION: On the basis of this initial evaluation: ® I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ^ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^ I find that although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. 2 Code Amendment 09-004 City of Tustin Preparers Dana Oadon Title Assist. Director Date l/ • ~2 -D~ D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-speck factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect 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 mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. cnzaoetn A. t3insack, Community Development Director Code Amendment 09-004 City of Tustin c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 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. 4 Code Amendment 09-004 City of Tustin E. INITIAL STUDY Issues: AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rocks 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 light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Potentially nth Less Than Significant Mitigation Significant Impact Incorporated Impact ~ ~ ^ No Impact Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parkins regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial area; within the City of Tustin, including Old Town Tustin. Items a) through d) - No Impact -Future development utilizing the provisions of Code Amendment 09-004 would be subject to the zoning requirements of the existing underlying zoning designation and the City's parking ordinance. The City of Tustin has previously adopted General Plan guidelines and implemented a Zoning Ordinance that encourages protection of scenic views and resources through site planning and architectural design review. Code Amendment No. 09-004 amends the Tustin City Code to provide more flexibility for restaurant development and would have no effect on any scenic vista or scenic resources since there are no physical changes proposed with the project. Furthermore, the City's General Plan Circulation Element does not identify any State scenic highways within the City. Although no physical improvements are proposed as part of this project, the reduction in parking requirements for businesses within the Old Town commercial area may stimulate economic development of the area and increase the number of vehicles parked on the street. Since the Old Town Parking Study found that parking is available in the area, the proposed project would not substantially degrade the existing visual character of the area. The code amendment and zone change wilt also not create a source of light and glare. Project design review would be required on a case-by-case basis and address aesthetic impacts associated wtih future projects that utilize the Code Amendment 09-004 City of Tustin outdoor seating area provisions of Code Amendment 09-004. Therefore, there are no aesthetic impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study Potentially Issues: Significant 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: Less Than Significant Less Than With Sign cant No Mitigation Impact Impact Incorporated a) Convert Prime Farmland, ~ ~ ~ Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for ~ ~ ~ agricultural use, or a Williamson Act contract? c) Involve other changes in the ~ ~ ~ existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 6 Code Amendment 09-004 City of Tustin Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin Cify Code's off-street parki regulations to provide flexibility to restaurants proposed within the commen;ial areas of Old Town Tust 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commer~cia/ are within the City of Tustin, including Old Town Tustin. Items a) through c) - No Impact -Code Amendment 09-004 will not result in the conversion of farmland to anon-agricultural use. Furthermore, 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). There are no areas subject to a Williamson Act contract, and conservation of farmland in the Tustin Planning Area nor will it directly impact or result in the conversion of existing farmland uses to non-agricultural uses. Impacts related to any future development project would be identified and evaluated in conjunction with each specific project. Therefore, no agricultural resources impacts are forecast to occur as a result of implementation of the code amendment. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Otd Town Parking Study 3. A Guide to The Farmland Mapping and Monitoring Program, 2004 Edition http://www.conservation ca gov/dlrp/fmmp/Documents/fmmp Quide 2004 ~df Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct ~ ~ ~ implementation of the applicable air quality plan? b) Violate any air quality standard ~ ~ ~ or contribute substantially to an existing or projected air quality violation? 7 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated c) Result in a cumulatively ~ ~ ~ considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone~precursors)? d) Expose sensitive receptors to ~ ~ ~ substantial pollutant concentrations? e) Create objectionable odors ~ ~ ~ affecting a substantial number of people? Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parkins regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin, 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commeroial areas within the City of Tustin, including Old Town Tustin. Items a) through e) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. Code Amendment 09-004 will not conflict with or obstruct implementation of the applicable air quality plan, as prepared by the South Coast Air Quality Management District (SCAQMD) in the Air Quality Management Plan (AQMP) for the South Coast Air Basin. Code Amendment 09-004 will not violate any air quality standard or contribute substantially to an existing or projected air quality violation and it will not result in a cumulatively considerable net increase of any criteria pollutant or expose sensitive receptors to substantial pollutant concentrations or create objectionable odors affecting a substantial number of people. Therefore, there are no air quality impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study s Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation , Incorporated IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or .regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 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? 9 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? fl Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? a Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parkin) regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial aroa; within the City of Tustin, including Old Town Tustin. Items a) through f) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. Code Amendment 09-004 would not have a substantial adverse effect, either directly or through habitat modifications, on any on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. The project will not cause a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Ctean Water Act, interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites, conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, nor conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. Therefore, there are no biological resources impacts associated with this project. 10 Code Amendment 09-004 City of Tustin Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 3. Department of Fish and Game, NCCP httg://www.dfg.ca.gov/habcon/nccp/index html Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse ~ ~ ~ change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse ~ ~ ~ change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a ~ ~ ~ unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, ~ ~ ~ including those interred outside of formal cemeteries? Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parking regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin; 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial areas within the City of Tustin, including Old Town Tustin. Items a) through d) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. The City of Tustin General Plan sets out conservation goals to maintain and enhance the City's unique culturally and historically significant building sites or features. Specifically, Policy 12.1 Identify, designate, and protect facilities of historical signiflicance, and Policy 12.3 Development adjacent to a place, structure or object found to be of historic significance should be designed so that the uses 11 Code Amendment 09-004 City of Tustin permitted and the architectural design will protect the visual setting of the historical site. The project is not anticipated to create a substantial adverse change to historical resources, archaeological resources, directly or indirectly destroy a unique paleontological resource or site or unique geologic feature or disturb any human remains, including those interred outside of formal cemeteries. Therefore, there are no cultural resources impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study Issues: VI GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? 12 Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated o ^ o ^ ^ ~ ^ ^ ~ Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated iv. Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off- site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parkins regulations to provide flexibility to restaurants proposed within the commeroial ansas of Old Town Tustin; 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial areas within the City of Tustin, including Old Town Tustin. Items a) through e) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. 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 EI 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 Planning Area is located in the seismically active region of southern California. Slight to intense ground shaking is possible at within the Planning Area if an earthquake occurs on a segment of the active faults in the region. Under current seismic design standards and California Building Code (CBC) provisions, new buildings would incur only minor 13 Code Amendment 09-004 City of Tustin damage in small to moderate earthquakes, and potential structural damage during a large earthquake, although new buildings are expected to remain standing during such events (City of Tustin General Plan, Safety Element). A soils report prepared by a certified soils engineer may be required as part of any development project on a case-by-case basis. With application of the provisions of Chapter 16A Division IV of the 1998 Califomia Building Code and the Structural Engineers Association of California, (SEAOC) guidelines, adequate structural protection in the event of an earthquake would be provided, thus addressing liquefaction issues and reducing impacts from strong seismic ground shaking to a less than significant level. Since individual projects would be subject to the Califomia Building Code and the SEAOC guidelines, no impacts associated with rupture of a known earthquake fault are anticipated with the implementation of the proposed project. Future projects may also be required to comply with the NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, during construction of any future project, the applicant will be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non-storm water management, and materials and water management. A standard condition of approval requiring BMP's as part of individual development plans will be required prior to issuance of a grading permit for any future project. Therefore, there are no geology and soils impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 4. OC Watersheds httn://www.ocwatersheds com/damnreport/default asax~ID-1000358 Issues: VII HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal ~of hazardous materials? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ~ ^ ^ No Impact 14 Code Amendment 09-004 City of Tustin Issues: b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? ~ For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ~ ^ ^ No Impact ®' 15 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated g) Impair implementation of or physically interfere with an~ adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? D Discussion: Code Amendment No. 09-004 would: ~ 1) Amend the Tustin City Code's off-street parkin regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to beneflf commercial area: within the City of Tustin, including Old Town Tustin. Items aj through h) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. There are no hazardous materials being handled or transported as part of this project which therefore eliminates the potential for release of hazardous materials into the environment. 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. Therefore, the proposed project would not result in a safety hazard for people residing or working in the project area. The proposed project would not interfere with. the City's Emergency Operations Plan or with major emergency evacuation routes out of the area; nor is it anticipated to expose people or structures to a significant risk of loss, injury or death wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Therefore, there are no hazards and hazardous materials impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 16 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than 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. 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 after the existing ~ ~ ~ drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in flooding- or off- site? d) Substantially increase the rate ~ ~ ~ or amount of surface runoff in a manner that would result in flooding on- or off-site? 17 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated e) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off- site? fl Otherwise result in substantial increased erosion or siltation on- or off-site? g) Change runoff flow rates or volumes in a manner that substantially alters the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, and results in a significant adverse environmental impact? i,) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems? i) Increase impervious surfaces and runoff in a manner that substantially impairs water quality or causes other significant adverse environmental impacts? a a o 18 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated j) Provide substantial additional ~ ~ ~ sources of polluted runoff or increase the discharges of pollutants such as heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen- demanding substances, and trash? k) For projects that are tributary to ~ ~ ~ water bodies that are listed as impaired on the Clean Water Act section 303(d) list, result in an increase of any pollutant for which the water body is listed as impaired? ~) Substantially degrade or impair ~ ~ ~ an environmentally sensitive area? m) Substantially degrade or impair ~ ~ ~ surtace 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? q) Cause or contribute to an ~ ~ ~ exceedance of applicable surtace water or groundwater receiving water quality objectives or degradation of beneficial uses? 19 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated r) Violate any other water quality ~ ~ ~ standards or waste discharge requirements? s) Substantially deplete ~ ~ ~ groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been 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 mudflow? Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parking regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin; 20 Code Amendment 09-004 ~ City of Tustin 2) Amend the Tustin Cify Code to permit outdoor restaurant seating areas to benefit commercial ar~e~ within the City of Tustin, including Old Town Tustin. Items a) through w) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. The project will not impair water quality before or after implementation of the project, nor will the project substantially alter the existing drainage pattern of the site or area or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site. 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 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 ident~ed 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. Furthermore, adherence to an approved Water Quality Management Plan will help to minimize polluted runoff into the storm drain. Therefore, the proposed project will not increase impervious surfaces and runoff in a manner that substantially impairs water quality or causes other significant adverse environmental impacts nor provide substantial additional sources of polluted runoff or increase the discharges of pollutants. The project will not substantially degrade or impair an environmentally sensitive area, surface water, groundwater, wetland or riparian habitat. Also, the project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge or 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. Any future construction projects will be subject to review according to the Flood Insurance Rate Map and the City's Emergency Preparedness Plan which should avoid significant risk of Toss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam or possible inundation by seiche, tsunami, or mudflow. Therefore, there are no hydrology or water quality impacts associated with this project. Mitigation MeasureslMonitoring Required: None required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 4. OC Watersheds httn://'www.ocwatersheds com/damprenort/default aspx~ID-1000358 21 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established ~ ~ ~ community? b) Conflict with any applicable land ~ ~ ~ use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable ~ ~ ~ habitat conservation plan or natural community conservation plan? Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parkins regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin, 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial areas within the City of Tustin, including Old Town Tustin. Items a) through c) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. The proposed project will not physically divide an established community. The project is consistent with the General Plan and land use policies adopted by the Tustin City Council and will not conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect. In addition, the proposed project does not conflict with any applicable habitat conservation plan or natural community conservation plan. Therefore, there are no land use or planning impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 22 Code Amendment 09-004 Issues: X MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of alocally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ~ ^ ^ ~ ^ ^ No Impact Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parkins regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin, 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial areas within the City of Tustin, including Old Town Tustin. Items a) through b) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. According to the City of Tustin Conservation/Open Space/Recreations Element (Figure COSR-2) there are no known mineral resources within the City that would be of value to the region and the residents of the state. Therefore, there are no project related impacts associated with mineral resources. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 23 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than ~ No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XI NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or. groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? fl For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ^ ^ a~ ^ ^ ^ 0 a o a 24 Code Amendment 09-004 City of Tustin o~scussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parkin regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tusti 2) Amend fhe Tustin City Code to permit outdoor restaurant seating areas to benefit commercial ans~ within the City of Tustin, including Old Town Tustin. Items a) through f) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. The City of Tustin General Plan Noise Element, and the City's Municipal Code, Chapter 6 Section 4614, Noise Control (Noise Ordinance) establish noise standards for the City. The project would not involve 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, nor would the project cause excessive groundborne vibration or groundborne noise levels. The City's Noise Ordinance addresses noise from specific sources and would ensure that temporary or permanent new noise associated with any development project is mitigated to a point of insign~cance. Future individual development projects may be subject to review on a case-by-case basis. In addition, air travel does occur to and 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 and implementation of the project would not expose people residing or working in the project area to excessive noise levels. Therefore, there are no noise impacts associated with this project. Mitigation Measures/Monitoring Required: None required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 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)? ^ ^ 25 Code Amendment 09-004 City of Tustin 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: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parlor regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial area within the City of Tustin, including Old Town Tustin. Items a) through c) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. The Tustin Planning Area is an established and urbanized area. Although it is anticipated that the proposed project could stimulate economic development in the Old Town commercial area, it is not anticipated to substantially increase population growth nor displace housing or people. Therefore, there are no population impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1: City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 26 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIII PUBLIC SERVICES. Would the project: a) Result in substantial adverse ~ ~ ~ physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ~ ~ ~ Police protection? ~ ~ ~ Schools? ~ ~ ~ Parks? ~ ~ ~ Other public facilities? ~ ~ ~ Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parking regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin; 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial areas within the City of Tustin, including Old Town Tustin. No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. 27 Code Amendment 09-004 City of Tustin a) Fire protection. No Impact. The Orange County Fire Authority provides fire protection for the City of Tustin on a contractual basis. All water mains and fire hydrants must be constructed in accordance with Orange County guidelines and are subject to approval by the Orange County Fire Authority. Adherence to these guidelines will ensure that no significant impacts on fire protection services will occur. Future projects may 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 are anticipated. 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 Parks. No Impact The proposed project does not propose new construction and would not attract new residents to the area. Therefore, the project would not generate a demand for additional parks. No impacts are anticipated. Other Public Facilities. No Impact 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 ofFces. Future projects are not anticipated to generate traffic however; should impacts be associated with an individual project, they would be reviewed and considered on a case-by-case basis and conditions of approval included as necessary to mitigate impacts. No impacts are anticipated. Mitigation Measures/Monitoring Required: None required Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 28 Code Amendment 09-004 City of Tustin Issues: XIV RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ~ ^ ^ No Impact b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? ~ ^ ^ Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parking regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin; 2) Amend the Tustin City Code to permit outdoor restaurant seating ar~sas to benefit comme-~ial arises within the City of Tustin, including Old Town Tustin. Items a) through b) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. The proposed project will not 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. Also, the proposed project does not include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment. The proposed project does not involve the construction of uses that will increase demand for parks. Therefore, there are no recreation impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 29 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XV TRANSPORTATION /TRAFFIC. Would the project: a) Cause an increase in traffic ~ ~ ~ which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or ~ ~ ~ cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic ~ ~ ~ patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards ~ ~ ~ due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency ~ ~ ~ access? f) Result in inadequate parking ~ ~ ~ capacity? 30 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated g) Conflict with adopted policies, ~ ~ ~ plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parking regulations to provide flexibility to r+estauranfs proposed within the commercial areas of Old Town Tustin; 2) Amend fhe Tustin City Code to permit outdoor restaurant seating areas to benefit commercial areas within the City of Tustin, including Old Town Tustin. Items a) through g) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. The proposed project would not cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system. In addition, 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. A future project will require review and conformance with the requirements of the Tustin General Plan and the CMP. Also, the proposed project would not produce any air traffic increases, nor would existing air traffic patterns be impacted through its implementation. The project would not substantially increase traffic hazards, result in inadequate emergency access, result in inadequate parking capacity or conflict with adopted policies, plans, or programs supporting altemative transportation. The proposed regulations would not conflict with the City's Circulation Element which addresses the circulation improvements needed to provide adequate capacity for future land uses. Therefore, there are no traffic or transportation impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 31 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XVI UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et. Seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). 32 0 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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? g) Comply with federal, state, and ~ ~ ~ local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted stone 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: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parking regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin; 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial areas within the City of Tustin, including Old Town Tustin. Items a) through h) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. The Tustin Planning Area is located within the jurisdiction of the Santa Ana Regional Quality Control Board. Irvine Ranch Water District (IRWD) provides water and wastewater services and the Orange County Sewer District provides wastewater services within the Tustin Planning Area. CR&R Waste Services provides solid waste collection and disposal services to the City of Tustin. Any solid waste generated a future project would be diverted to a transfer station and then to the Bee Canyon/Bowerman Landfill located at 11002 Bee Canyon Access Road in Irvine. A Standard 33 Code Amendment 09-004 City of Tustin Condition of Approval will be added to individual future projects requiring a Water Quality Management Plan (WQMP) for the use of non structural and/or structural BMPs including but not limited to tenant education, activity restrictions, street sweeping, landscaped areas with efficient irrigation and limited run-off, strategically placed catch basins with fossil filters, and catch basin stenciling. The proposed project will not exceed wastewater treatment requirements, require or result in the construction of new water or wastewater treatment or storm water facilities or expansion of existing facilities. Any new facilities needed by future projects would be subject to review for impacts on such facilities. Future development would also be required to implement standard BMPs to control storm water runoff at the project site. Therefore, there are no utilities or service system impacts associated with this project. Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 4. OC Watersheds httu://www.ocwatersheds com/dam~reoort/default as~x?ID 1000358 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XVII MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to ~ ~ ~ degrade the quality of the environment, substantially reduce the.habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to ~ ~ ~ achieve short-tens environmental goals to the disadvantage of long-term environmental goals? 34 Code Amendment 09-004 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: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parking regulations to provide flexibility to restaurants proposed within the commeroial areas of Old Town Tustin; 2) Amend the Tustin City Code to permit outdoor restaurant seating ansas to benefit commercial areas within the City of Tustin, including Old Town Tustin. a) through d) - No Impact - No physical improvements are proposed in conjunction with the code amendment and impacts related to any future project may be subject to separate CEQA review. Therefore, the project does not have the potential to significantly impact the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. The project does not have the potential to achieve short-term environmental goals to the disadvantage of long- term environmental goals. The project will not have impacts that are individually limited, but cumulatively considerable. The project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly: Mitigation Measures/Monitoring Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 35 Attachment 2 ORDINANCE NO. 1373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 09- 004 AMENDING SECTION 7210 OF PART 1 OF CHAPTER 2 OF ARTICLE 7 PERTAINING TO OBSTRUCTING STREETS, SIDEWALKS, ALLEYS AND OTHER PUBLIC PROPERTY, AMENDING SECTION 9233c(g) OF PART 3 OF CHAPTER 2, OF ARTICLE 9 TO PROHIBIT DRIVE-THROUGH RESTAURANTS WITHIN THE OLD TOWN AREA, AMENDING PORTIONS OF SECTION 9263 OF PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE PERTAINING TO PARKING REQUIREMENTS FOR RESTAURANTS IN OLD TOWN AND ADDING SECTION 9277 TO PART 7 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING NEW OUTDOOR RESTAURANT SEATING AREA REQUIREMENTS FOR ALL COMMERCIAL DISTRICTS IN TUSTIN The City Council of the City of Tustin, California hereby ordains: Section I. The City Council finds and determines as follows: A. It is the Tustin City Council's continuing desire that Old Town Tustin become a vibrant and walkable town center offering shops and dining along with places to live and work. The introduction of new residents and businesses would likely generate more activity in and around Old Town, improve the existing sense of place, and expand the economic viability of the area. B. The Tustin City Council authorized the preparation of The Old Town Parking Study, which concluded that traditional parking standards and regulatory practices may represent a potential barrier to development and can discourage or even prevent new development and the introduction of mixed-use residential uses or introduction of customer-attracting commercial uses (such as restaurants, theaters, etc.) that generate jobs and increase the number of persons shopping and working in Old Town Tustin. C. The Old Town Parking Study also concluded that Old Town Tustin's existing parking supply is adequate and presents an opportunity to allow for additional land uses to locate within the study area. D. On February 19, 2008, the Tustin City Council directed staff to begin implementing the parking alternatives discussed within The Old Town Parking Study, which included the recommendation that staff review and revise the Tustin City Code to permit limited restaurant uses within Old Town without additional on-site parking. There is also an opportunity to improve and expedite the procedures for approving outdoor restaurant seating areas throughout the City. E. That Code Amendment 09-004 has been prepared proposing new regulations to encourage restaurant development in Old Town Tustin and to encourage outdoor restaurant seating areas in all commercial districts in the City. Planning Commission Resolution No. 2490 previously provided policy guidance for the establishment of outdoor seating areas and is hereby revoked. Ordinance No. 1373 Page 2 F. That an Initial Study and Negative Declaration have been prepared for proposed Code Amendment 09-004 in accordance with the provisions of the California Environmental Quality Act ("CEQA") and that the Tustin City Council finds, on the basis of the whole record before it (including the Initial Study and any comments received), that there is no substantial evidence that the proposed Code Amendment 09-004 will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. G. On December 8, 2009, the Tustin Planning Commission held a public hearing on the proposed code amendment that is intended to implement the Old Town Parking Study and encourage and attract restaurant uses to Old Town Tustin and adopted Resolution No. 4129 recommending that the Tustin City Council adopt the Negative Declaration and approve Code Amendment 09-004. H. That on January 5, 2010, a public hearing was duly noticed, called, and held before the City Council concerning this Code Amendment. I. That the proposed amendment is consistent with the Tustin General Plan Land Use Element that includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. Section II Section 7210 of Part 1 of Chapter 2,of Article 7 of the Tustin City Code is hereby amended to read as follows (new text in bold/underline; deleted text in strikeout): It shall be unlawful for any person to place any obstruction of any kind in or upon any public street, alley, sidewalk or other public property in the City or to authorize, procure or permit and obstruction to be placed therein or thereon, except as authorized by this Code or as may be required by employees or officials of the City in the proper discharge of their duties. Section III Section 9233c(g), of Part 3 of Chapter 2,of Article 9 of the Tustin City Code is hereby amended to read as follows (new text in bold/underline; deleted text in strikeout): 9233 CENTRAL COMMERCIAL DISTRICT (C-2) c Conditionally Permitted Uses (g) Drive-in establishments for permitted uses except drive-in establishments are prohibited on all properties located within both the Central Commercial District (C-2) and the Old Town Commercial General Plan land use designation. Section IV The relevant portions of Table 1 of Subsection g of Section 9263, of Part 6 of Chapter 2 of Article 9 of the Tustin City Code are hereby amended to read as follows (new text in bold/underline; deleted text in strikeout): Ordinance No. 1373 Page 3 Land Use Type Parking Spaces Required Restaurants, cafes, cafeterias, lounges, or similar establishments at which #e~the consumption of food and beverages occurs 1 space for each 100 sq. ft. of gross floor area plus a minimum 7 car stacking space for drive-through except no additional parking spaces shall be required when a rimaril on the premises restaurant use replaces a retail, service, or office use on a property located within both the Central Commercial District (C-2) and the Old Town Commercial General Plan land use designation. No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats, or is no larger than fifty percent (50%) of the restaurant's interior seating area; 1 additional parking space shall be required for each additional 100 sq. ft. by which the outdoor restaurant seating area exceeds the fifty percent (50%) threshold. Restaurants take out; including delicatessens donut shops, coffee shops or similar establishments at 1 space for each 250 sq. ft. of gross floor area plus, plus a minimum 7 car stacking space for drive-through except no additional which the consumption of food parking spaces shall be required when a and beverages occurs primarily restaurant use replaces a retail, service, or away from the premises; tale-ems office use on a property located within both the Central Commercial District (C-2) and the Old Town Commercial General Plan land use designation. No additional parking shall be required for an outdoor restaurant seating area when the area either contains no more than 12 seats or is no larger than fifty percent (50% of the restaurant's interior seating area; 1 additional parking space shall be required for each additional 250 sg. ft. by which the outdoor restaurant seating area exceeds the fiftypercent (50%) threshold. Section V. Section 9277 of Part 7 of Chapter 2,of Article 9 of the Tustin City Code is hereby enacted to read as follows: 9277. OUTDOOR RESTAURANT SEATING AREAS a. Purpose The regulations and requirements of this division are intended to provide for the proper location and minimum standards for outdoor restaurant seating areas at Ordinance No. 1373 Page 4 restaurants in the commercial areas of the City of Tustin. It shall be unlawful for any person to establish an outdoor restaurant seating area at any site unless approval has been obtained, consistent with this section. b. Applicability No person or entity shall operate a restaurant or take-out restaurant which provides an outdoor restaurant seating area for the purpose of serving food or beverages to customers, without the prior written approval of the Director of Community Development. Said approval shall be in addition to any other license or permit required by California Law or the Tustin City Code. Any person or entity lawfully operating a restaurant with an outdoor restaurant seating area prior to the effective date of this ordinance shall not be bound by the terms of this section, unless use of the previously established outdoor restaurant seating area is discontinued for any reason except pursuant to a valid order of a court of law for a period of twelve (12) months or more, at which time any subsequent establishment or reestablishment of an outdoor restaurant seating area at the location shall conform to the provisions of this section. c. Eligibility Approval for an outdoor restaurant seating area shall be granted only to the operator of a restaurant which is in conformance with the Zoning Code and which holds a valid City Business License. Written concurrence of the property owner shall also be required. When a restaurant is proposed to replace a restaurant where outdoor seating had previously been approved pursuant to this Section, the new restaurant owner or operator may continue to utilize the existing outdoor seating area without obtaining separate written approval, so long as such owner or operator submits an agreement to the City to comply with the requirements of this Section and all conditions of the prior written approval, on a form provided by the Director of Community Development, executed by the new restaurant owner and the property owner. Notwithstanding the foregoing, if any portion of the existing outdoor restaurant seating area is located within a City property, a City sidewalk or other public right-of-way, the new restaurant owner shall enter into a new License Agreement with the City and comply with the provisions of subsection f. All other proposals to establish a new outdoor seating area or to substantially modify an existing outdoor seating area shall be accompanied by a complete application for Design Review approval, pursuant to Section 9272 of this Code, on a form provided by the Director of Community Development and shall include each of the following: (1) A detailed drawing to scale of the proposed site indicating the following: the existing facade, the points of ingress and egress, the proposed location of the tables, chairs, serving equipment, planters, borders, awnings, umbrellas, border enclosures, or other facilities to be included in the outdoor restaurant seating area. If the outdoor restaurant seating area is proposed to be located on City property, a City sidewalk or other public right-of-way, the drawings must also include the location of existing public improvements, including fire hydrants, street signs, street lights, traffic signals, bus shelters, mail boxes, trees and tree grates, parking meters, planting boxes or planting areas, fire escapes or other overhead obstructions, and any other public obstruction. Ordinance No. 1373 Page 5 Photographs and/or brochures depicting the chairs, tables, umbrellas and other private features including lighting shall be included with the site plan. (2) A narrative description of the proposal, including the proposed hours of operation, and any additional information as may be deemed necessary by the Director of Community Development. (3) The fee as may be established by Resolution of the Tustin City Council. d. Location (1) An outdoor restaurant seating area, accessory to a permitted or lawfully established restaurant or take-out restaurant, shall be permitted with the prior written approval of the Director of Community Development. In addition, all such outdoor restaurant seating area shall meet the following design criteria: (a) The outdoor restaurant seating area may only be established abutting the primary restaurant business with which the outdoor restaurant seating area is associated. (b) An outdoor restaurant seating area shall not be located on City property, a City sidewalk or other public right-of-way unless a valid License to do so has been obtained from the Tustin Public Works Department and subject to the regulations established in this Code. (c) The outdoor restaurant seating area shall not occupy or interfere with the use of required parking spaces and drive aisles. (d) The outdoor restaurant seating area shall not be located in a required setback abutting a residential district. (2) Any outdoor restaurant seating area located within a park, golf course, recreation center, senior center or other public orquasi-public use, as may be determined by the Director of Community Development, shall not be deemed to be an "outdoor restaurant seating area" subject to subsection d(1) above. e. Requirements City approval and continued enjoyment of the outdoor restaurant seating area shall be subject to the following conditions: (1) The establishment or expansion of outdoor restaurant seating areas shall be subject to the City's Design Review process in accordance with Section 9272 to ensure compatibility in color and style with the exterior of the building. The use of compatible awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience. (2) The applicant shall comply with all applicable federal, state, county and city laws and regulations, and operation of the outdoor restaurant seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. Ordinance No. 1373 Page 6 (3) No outdoor keeping or storage of food or beverages to be served shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing outside trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor restaurant seating areas shall be cleaned on a continual daily basis. (4) Operation of an outdoor restaurant seating area shall be permitted only at such times as the main place of business is open, and in no event before 6:00 a.m. and after 11:00 p.m., except when the restaurant outdoor seating area abuts in whole or in part a residentially used or zoned property, in which case the hours of operation shall be limited to no earlier than 7:00 a.m. and no later than 10:00 p.m. (5) An outdoor restaurant seating area may have a menu board that does not exceed six (6) square feet in area. (6) Doors from the main restaurant to the outdoor restaurant seating area shall be self-closing. (7) The sale and consumption of alcoholic beverages in the outdoor restaurant seating area shall be restricted by and subject to any required State Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor restaurant seating area where alcoholic beverages are sold or consumed shall be enclosed by a border and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the outdoor restaurant seating area, except to the interior of the restaurant. (8) The outdoor restaurant seating area shall comply with all applicable federal, state, county and city laws and regulations concerning accessibility and non- discrimination in the provision of services. (9) The outdoor restaurant seating area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property. (10) All outdoor restaurant seating areas shall comply with the City's Noise Ordinance. (11) Live entertainment or amplified music within the outdoor restaurant seating area shall be accomplished in such a fashion so as to comply with the Tustin City Code and City's Noise Ordinance and restrict noise from disturbing other businesses or residents. (12) Lighting shall be provided to illuminate the outdoor restaurant seating area. (13) Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an outdoor seating area by the City of Tustin, shall constitute a violation of the Tustin City Code, subject to enforcement in any manner authorized by the Code. In addition, the Director of Community Development is hereby authorized to suspend or revoke any prior approval of an outdoor restaurant seating area upon continuous or repetitive violation of such requirements or conditions. Ordinance No. 1373 Page 7 Additional requirements for outdoor restaurant seating areas located within City property, a public sidewalk, or the public right-of-way Notwithstanding any other provision of this Code, all or a portion of an outdoor restaurant seating area that satisfies the requirements set forth in subsection e, above, may be located within City property, a City sidewalk or other public right- of-way where the Director of Public Works determines, in his or her discretion, that the use is compatible with the intended use of the City property, a City sidewalk or other public right-of-way, subject to the following conditions: (1) A revocable License Agreement shall be obtained from the City of Tustin for any portion of an outdoor restaurant seating area located on City property, a City sidewalk or other public right-of-way. The License Agreement shall be subject to termination by the City at any time upon a 10-day prior written notice upon determination of the Director of Community Development that one or more of the conditions or provisions of this Section have been violated, or that one or more factors listed in this section have changed, or the permitted use is no longer compatible with the intended use of the City property, a City sidewalk or other public right-of-way. No prior written notice shall be required to terminate the License Agreement where the Director of Community Development determines, in his or her discretion, that the continued use of the City property, a City sidewalk or other public right-of-way for the outdoor seating area poses an imminent threat to health or safety. (2) The use of public sidewalks or right-of-way for an outdoor restaurant seating area shall be permitted only when associated with the operation of a licensed restaurant or take-out restaurant operating on property located adjacent to said right-of-way. (3) The restaurant operator or property owner shall provide to the City of Tustin, in a form acceptable to the City Attorney, the following: (a) An agreement to indemnify, defend, and hold harmless the City of Tustin and the Tustin Community Redevelopment Agency, as applicable, for any and all claims for liability or damages arising from the operation of the outdoor restaurant seating area; and, (b) Insurance certificates and endorsements evidencing general liability insurance, workers compensation insurance, and such other insurance, in such amounts and forms as may be required by the City of Tustin Risk Manager. (4) In no event shall the placement of furnishings for the outdoor restaurant seating area or the operation of the outdoor restaurant seating area interfere with the passage of pedestrian or vehicular traffic, or reduce access to the public sidewalk to less than four (4) feet clear of all obstructions, measured from the edge of the sidewalk closest to the curb (or lampposts, utility boxes, etc., where such exist). (5) In no event shall the placement of furnishings for the outdoor restaurant seating area or the operation of the outdoor restaurant seating area obstruct Ordinance No. 1373 Page 8 access to any bus stop, crosswalk, mailbox, curb cut, parking space or any other public property, or obstruct access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or street sign. (6) The restaurant owner shall be responsible for the maintenance and upkeep of the City property, a City sidewalk or other public right-of-way used for the outdoor restaurant seating area and the replacement of damaged public property, including brick pavers. (7) Except for border enclosures required by State Alcoholic Beverage Control regulations, furniture and furnishings may not be attached by any means to the City property, a City sidewalk or other public right-of-way. When notified by the City of Tustin to do so, the restaurant shall remove all furnishings and obstructions from the public sidewalk or right-of-way to accommodate special events or to accommodate the repair or maintenance of City property, sidewalk, or public right-of-way. (8) Granting of a License by the City pursuant to this subsection f shall be subject to payment of such fees or compliance with such additional conditions as may be required by the City Council. g. Appeals Appeal of any action or decision of the Director of Community Development to grant, deny, revoke, or suspend approval for an outdoor restaurant seating area pursuant to this Section may be made by any interested party in the same manner and subject the same procedures as appeal of action of the Zoning Administrator pursuant to Section 9299. Section VI. This Ordinance shall become effective at 12:01 am on the thirty-first day after passage. Section VII. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this _ day of 2010. JERRY AMANTE, MAYOR PAMELA STOKER, CITY CLERK Ordinance No. 1373 Page 9 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1373 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1373 was duly and regularly introduced and read at the regular meeting of the City Council held on the 5th day of January 2010, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the _ day of 2010, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: Attachment 3 __ . 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'* O n d ,n ~ O Q ~' ~ v d o x_ s O w N rD X O 00 (D ,~ r `" fD in v N ~ ~ ~ .~ ~ ~ fD ~ ~ .t ~ N 3 i ~ fD 3 ~ ~ a Din V co G ~ -a fD o s '~ ~ 7 O ~- 7 ~ d ~ C N OJ C ~ ~ ~ p p Q r t O ~ A O ~ __ Q ~ K ~ ~ p C1 ~ ^~ ~ ~ O ~ S i-F O ~ O O ~ K O Q O A rr rf ? _ ~ r~ 3 O ~~ (D ~ O .M S p ~, ~ ~ N O S ui O ~ O O O ~, .. ~ Attachment 5 RESOLUTION N0.4129 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND APPROVE CODE AMENDMENT 09-004 (ORDINANCE NO. 1373) AMENDING SECTION 7210 OF PART 1 OF CHAPTER 2 OF ARTICLE 7 PERTAINING TO OBSTRUCTING STREETS, SIDEWALKS, ALLEYS AND OTHER PUBLIC PROPERTY, AMENDING PORTIONS OF SECTION 9263 OF PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE PERTAINING TO PARKING REQUIREMENTS FOR RESTAURANTS IN OLD TOWN AND ADDING SECTION 9277 TO PART 7 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE ESTABLISHING NEW OUTDOOR RESTAURANT SEATING AREA REQUIREMENTS FOR ALL COMMERCIAL DISTRICTS IN TUSTIN The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. It is the Tustin City Council and Planning Commission's continuing desire that Old Town Tustin become a vibrant and walkable town center offering shops and dining along with places to live and work. The introduction of new residents and businesses would likely generate more activity in and around Old Town, improve the existing sense of place, and expand the economic viability of the area. B. The Tustin City Council authorized the preparation of The Old Town Parking Study, which concluded that traditional parking standards and regulatory practices may represent a potential barrier to development and can discourage or even prevent new development and the introduction of mixed-use residential uses or introduction of customer-attracting commercial uses (such as restaurants, theaters, etc.) that generate jobs and increase the number of persons shopping and working in Old Town Tustin. C. The Old Town Parking Study also concluded that Old Town Tustin's existing parking supply is adequate and presents an opportunity to allow for additional land uses to locate within the study area. D. On February 19, 2008, the Tustin City Council directed staff to begin implementing the parking alternatives discussed within The Old Town Parking Study, which included the recommendation that staff review and revise the Tustin City Code to permit limited restaurant uses within Old Town without additional on-site parking. There is also an opportunity to improve and expedite the procedures for approving outdoor restaurant seating areas throughout the City. Resolution No. 4129 Page 2 E. That Code Amendment 09-004 has been prepared proposing new regulations to encourage restaurant development in Old Town Tustin and to encourage outdoor restaurant seating areas in all commercial districts in the City. Planning Commission Resolution No. 2490 previously provided policy guidance for the establishment of outdoor seating areas, but the Planning Commission recommends that Resolution 2490 should be revoked upon City Council adoption of Ordinance 1373. F. That an Initial Study and Negative Declaration have been prepared for proposed Code Amendment 09-004 in accordance with the provisions of the California Environmental Quality Act ("CEQA°) and the Planning Commission recommends that the Tustin City Council find, on the basis of the whole record before it (including the Initial Study and any comments received), that there is no substantial evidence that the proposed Code Amendment 09-004 may have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. G. That the proposed amendment is consistent with the Tustin General Plan Land Use Element that includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. H. That the Tustin Planning Commission held a public hearing on Code Amendment 09-004 that is intended to implement the Old Town Parking Study and encourage and attract restaurant uses to Old Town Tustin. II. The Planning Commission hereby recommends that the Tustin City Council adopt a Negative Declaration and approve Ordinance No. 1373 (Code Amendment 09-004). PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 8th day of December, 2009. TEV OZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4129 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) City of Tustin ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California, that Resolution No. 4129 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of December, 2009. ELIZABETH A. BINSACK Planning Commission Secretary