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HomeMy WebLinkAboutCC RES 10-03RESOLUTION 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 a duly -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 10-03 Page 1 of 39 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 City Council of the City of Tustin held on the 5th day of January 2010. ATTEST: PA LA STO 6KF- R, 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: RaM_ STOKER, City Clerk Amante Nielsen Davert Palmer Gavello (5) None (0) None (0) None (0) Resolution 10-03 Page 2 of 39 Resolution 10-03 Page 3 of 39 Resolution 10-03 Page 4 of 39 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 parking flexibility for restaurants to locate to and expand within Old Town and facilitating the establishment of outdoor restaurant seating within all commercial areas of the city, including Old Town. Project Location: New restaurant parking flexibility proposed for Old Town Tustin. Facilitation of outdoor restaurant seating proposed for all commercial areas 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 regarding implementation of the California Environmental Quality Act, l and on the basis of that study hereby finds: ® That there is no substantial evidence that the project may have a significant effect on the environment. ❑ That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON DECEMBER 2, 2009 Date--"- ..Z 5% Q � �,-� Elizabeth A. Binsack Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (774) 573-3700 INITIAL STUDY A. BACKGROUND Project Title: Code Amendment 09-004 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Dana Ogdon, Asst. Director Phone: (714) 573-3109 Project Location: Citywide, including Old Town Tustin. Project Sponsor's Name and Address: City of Tustin General Plan Land Use Designation: N/A Zoning Designation: 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 the of 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 ❑ City of Irvine ❑ Orange County Health Care Agency ❑ City of Santa Ana ❑ South Coast Air Quality Management ❑ Orange County EMA District ❑ Other Code Amendment 09-004 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED City of Tustin The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ❑ Aesthetics ❑ Air Quality ❑ Cultural Resources ❑ Hazards & Hazardous Materials ❑ Land Use/Planning ❑ Noise ❑ Public Services ❑ Transportation/Traffic ❑ Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture Resources ❑ Biological Resources ❑ Geology/Soils ❑ HydrologyMater Quality ❑ Mineral Resources Population/Housing Recreation ❑ Utilitles/Service Systems ® 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 furthers documentation is required. 2 Code Amendment 09-004 City of Tustin Preparer._ Dana Oa on Title Assist, Director Elizabeth A. Binsack, Community Development Director Date D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced Information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors and general standards (e.g., the project will not expose sensitive receptors to Pollutants, based on a project -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, m EIR, or other CE Process, an effect has been adequately analyzed in an earlier EIreor negative dela ation 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. Code Amendment 09-004 City of c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measure 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 With Less Than Significant Mitigation Significant Impact Incorporated Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ M No Impact ❑ ❑ 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 w 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 C' Code to provide more flexibility for restaurant development�Y vista or scenic resources since there are no icalahanoes have no effect t any scenic Furthermore, the City's General Plan Circulation Element does not changes proposed aState scenic highways within the City. Although no physical improvements are proposed as part of this project, the regductio�n 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 substantially degrade the existing visual character of the area. The codeoamendm�ent ands zonnot e change will 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 s Code Amendment 09-004 City of outdoor seating area provisions of Code Amendment 09-004. Therefore, there are no 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: II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use In assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their Dation or nature, could result in conversion of Farmland, to non-agricultural use? 6 Potentially Significant Impact INK Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ Less Than Significant Impact Fol No Impact 0 Code Amendment 09-004 City of Tustin Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street pall regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tu,. 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial ar 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 a non-agricultural use. Furthermore, since there are no Improvements proposedrmland, or in conjunction with this project, it will not result in any impacts to Prime Farmland, Unique Fa 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 Therefore, no agricultural resources impacts are forecast to occur as a result of implementationrof the code amendment. Mitigation Messures/Monitoring Required: None required. Sources: 1- City of Tustin General Pian 2. City of Tustin Zoning Code 3. Oki Town Parking Study 3. A Guide to The Farmland Mapping and Monitoring Program, 2004 Edition http://www.conservation ca oov/diroffmmo/Documentsffmmp guide 9994udf Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated Ill. 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: 8) Conflict with or obstruct implementation ❑ of the applicable ❑ air quality plan? b) Violate any air quality standard ❑ El or contribute substantially to an ❑ existing or projected air quality violation? 7 Code Amendment 09-004 Issues: 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? Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation pian? City of Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ 101 01 *] Impact ►Z/ 10 1i 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 area 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 Clean 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 Mitigation Measures/Monitoring Required: None required. City of Tustin 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 http:/M�ww dfg ca a ov/habcon/nccnrndex 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 El 0 historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an El El El z archaeological resource pursuant to § 15064.5? C) Directly or indirectly destroy a unique paleontological resource El El or site or unique geologic feature? d) Disturb any human remains, including those interred outside El El 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 arer code amendment and impacts related to any future project may be subject to separate CEQA srew. wtheith City of Tustin General Plan sets out conservation goals to maintain and enhance the City's ficant building sites or features. Specifically, Policy 12.1 Identify, unique culturally and historically signi designate, and protect facilities of historical significance, and Policy 12.3 Development adjacent to a place, structure or object found to be of historic significance should be designed so that the uses 11 Code Amendment 09.004 City of permftd and the architectural design will protect the visual setting of the histonaal site. The project r�s 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: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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: 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 E shaking? iii. Seismic -related ground E F-1 failure, including liquefaction? 12 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? ❑ a b. Result in substantial soil erosion the loss 0 or 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 El El 0 Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use El El El z 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 Tustln City Code's off-street parking regulations to provide ffembility to restaurants proposed withln 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 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 Pian, 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 mated in the seismically active region of southern California. Slight to intense ground shaking is possible d 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, rthquakes, and potential structural damage during ala 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 18A Division IV of the 1998 California Building Code and the Structural Engineers Association of California, (SEAOC) guidelines, adequate structural protection in the event of an earthquake would be provided, thus 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 California 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 Messuree/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 http:/ANww.ocwatersheds.com/dami)repgrttdefauft.asi)x?ID=l 000358 VII Issues: 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? 14 Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ No Impact ►51 Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a resin, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use pian 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? 15 D 0 E] 100 101 LEI 100 u Ij ❑0 ❑N Fol ►II '� ►04 9 Code Amendment 09-004 City of Issues: 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 wikilands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ Impact ►Z4 ►z4 Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off-street parkiq regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town TL n 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial a 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. 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 Pian 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 wikilands are adjacent to urbanized areas or where residences are intermixed with wikilands. Therefore, there are no hazards and hazardous materials impacts associated with this project. Mitigation Measures/Monitodng Required: None required. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Old Town Parking Study 16 Code Amendment o9-004 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 atter 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 El or amount of surface runoff in a ❑ manner that would result in flooding on- or off-site? 17 Code Amendment 09-004 Issues: 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? 0 Otherwise result in substantial increased erosion or siltation on- or off-site? g) Change runoff flow rates or volumes in a manner that substantially alters the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, and results in a significant adverse environmental impact? h) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems? i) Increase impervious surfaces and runoff in a manner that substantially impairs water quality or causes other significant adverse environmental impacts? 18 Potentially Less Than Significant Significant Impact With Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ City of Less Than Na Significant Impact Impact El i Code Amendment 09-004 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated D Provide substantial additional El❑ El of polluted runoff or increase the discharges of pollutants such as heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen - demanding substances, and trash? k) For projects that are tributary to water bodies that are listed as impaired on the Clean Water Act section 303(d) list, result in an increase of any pollutant for which the water body is listed as impaired? 1) Substantially degrade or impair an environmentally sensitive area? M) Substantially degrade or impair surface water quality of marine, fresh, or wetland waters? n) Substantially degrade or impair groundwater quality? o) Substantially degrade aquatic, wetland, or riparian habitat? P) Otherwise substantially degrade water quality? q) Cause or contribute to an exceedance of applicable surface water or groundwater receiving water quality objectives or degradation of beneficial uses? 19 ❑ ❑ 1 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 10 ❑ ❑ ❑ Code Amendment 09-004 City of Tustin 20 Issues: Potentially Less Than Less Than hl - Significant Significant Significant Impact Impact With Impact Mitigation Incorporated r) Violate any other water quality El El standards or waste discharge requirements? S) Substantially deplete El 21 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 E] 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 E 1 hazard area structures that would impede or redirect flows? V) Expose people or structures to E 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 El E 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-stmet pa regulations to provide flexibility to restaurants proposed within the commercial areas of old Town Tus 20 Code Amendment 09-004 City of Tustin 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial are, 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 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. 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 loss, 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 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 hffg*/Avww.ocwatersheds.com/dampreport/default.asy ?ID1000358 21 Code Amendment 09-004 City of 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 El F1 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 F1 habitat conservation plan or natural community conservation plan? 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 Tusdn, 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 a locally -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 9 ►14 Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's ofi street parkins regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin, 2) Amend the Tustin City Code to pennit 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 Pian 2. City of Tustin Zoning Code 3. Old Town Parking Study 23 Code Amendment 09-004 XI a) b) C) d) e) g Issues: NOISE. Would the project result in: 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? Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 24 City of Tustin Potentially Less Than Less Than ' No` Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑, ❑ ❑ El 0 El ❑ ❑ ❑ ❑ ❑ ❑ Code Amendment 09-004 City of Tustin Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin City Code's off street parish regulations to provide flexibility to restaurants proposed within the commercial areas of Oki Town Tush 2) Amend the Tustin City Code to permit outdoor restaurant seating areas to benefit commercial are: within the City of Tustin, including Old Town Tustin. Items a) through Q - 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 groundbome vibration or groundbome 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 insignificance. 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 XII Issues: 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 Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ No Impact ON Code Amendment 09-004 b) Displace substantial numbers of existing housing, necessitating El the construction of replacement housing elsewhere? c) Displace substantial numbers of El 1 people, necessitating the construction of replacement housing elsewhere? City of Tustin 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 El E 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? El ❑ Schools? El [] a Parks? El El ❑ Other public facilities? n 11 ❑ 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 a) Fire protection. No Impact The Orange County Fire Authority provides fire protection for ti Mi 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. t Other Public Facilities. No Impact The proposed project would not result in any substantia increase in demands on other government services or public facilities such as roads, libraries, hospitals, or post offices. 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 MeasureelMonitoring 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: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIV RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial Physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? X a #1 ►-1 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 Tusfin 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. The proposed project will not increase the use of existing neighborhood and recreational facilities such that substantial physical deterioration of the facility would parks orother accelerated. Also, the proposed project does not include recreational facilities or th construction or expansion of recreational facilities which have an adverse physical effect pun 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 30 Issues: Potentially Less Than Less Than hl -_ Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XV TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic El 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 El 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 ri 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 El El access? fl Result in inadequate parking El 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 El El 0 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 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 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 alternative transportation. The proposed ons 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 XVI Issues: 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 City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ E 01 ❑E X No Impact a ►,1 ►IN 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 El wastewater treatment provider El El which serves or may serve the Project that it has adequate capacity to serve the projects Projected demand in addition to the provider's existing commitments? fl Be served by a landfill with sufficient permitted capacity to El El 0 accommodate the project's solid waste disposal needs? g) Comply with federal, state, and D local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. Increased vectors and odors)? Discussion: Code Amendment No. 09-004 would: 1) Amend the Tustin C#y Code's off-street parking regulations to provide flexibility to restaurants proposed within the commercial areas of Old Town Tustin, 2) Amend the Tustin Ci Code to outr commercial areas within the City of Tustin, including Old TownnTTustin.taurant seating areas to benefit Items a) through h) - No Impact - No physical improvements are proposed inconjunction code amendment and impacts related to any future project may be subject to with the 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 Condition of Approval will be added to individual future projects requiring a Water Quli 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 fitters, 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 hfo:/AA ww.ocwatersheds com/damr)reuorttdefauk asDx?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 Flow self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals? 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 commercial areas of Old Town Tustin; 2) Amend the Tustin City Code to commercial areas within the City of Tustin, including Old TownuT outdoor restaurent searing areas to benefit 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 Therefore, the project does not have the potential to significantly impact the separate CEQA review, to degrade the quality of the of have � P Project have the potential cause a fish or wildlife environment substantially reduce the habitat of a fish or wildlife species, animal common Population to drop below self-sustaining levels, threaten to eliminate a plant or 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 y ted, but that are individualllimi 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