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Home My WebLink About05 RESPONSE TO DEIR FOR SANTA ANA TRANSIT ZONING CODEr 4 AGENDA REPORT MEETING DATE: MARCH 16, 2010 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT Agenda Item 5 Reviewed: City Manager Finance Director N/A SUBJECT: TUSTIN RESPONSE TO DEIR FOR CITY OF SANTA ANA TRANSIT ZONING CODE SUMMARY: City Council authorization is requested for the City of Tustin's response to the subject Draft Environmental Impact Report (DEIR) for the City Santa Ana Transit Zoning Code project. The Transit Zoning Code would provide for the integration of new infill development, reuse, mixed use and transit supportive development that support the addition of new transit infrastructure within the proposed Santa Ana Renaissance Specific Plan area. RECOMMENDATION: That the City Council authorize staff to forward the attached response letter to the City of Santa Ana. FISCAL IMPACT: There are no fiscal impacts associated with this action. BACKGROUND AND DISCUSSION: The proposed project is the zoning component of the proposed Santa Ana Renaissance Specific Plan. The Transit Zoning Code would provide for the integration of new infill development, reuse, mixed use and transit supportive development that support the addition of new transit infrastructure. The Transit Zoning Code would allow up to 4,075 additional dwelling units in buildings of up to 25 stories and 387,000 square feet of retail development within an area of 450 acres located west of Grand Avenue and north of First Street in Santa Ana. Although a General Plan Amendment will be required, it is not within the scope of the Draft EIR. City Council Report DEIR -Santa Ana Transit Zoning Code March 16, 2010 Page 2 The Community Development and Public Works Departments have reviewed the subject Draft EIR. Based on concerns related to traffic and parks, staff believes that it is in the City's interest to be on record regarding this matter and has prepared correspondence expressing the City's concerns regarding the Draft EIR document (see Attachment). Staff requests that the Tustin City Council review and consider these comments and, if acceptable, authorize their formal transmission to the City of Santa Ana. Scott Reekstin Senior Planner Elizabeth A. Binsack Community Development Director Attachment: Draft Comment Response Letter S:\Cdd\CCReports\2010\DEIR Santa Ana Tranist Zoning Code.doc March 17, 2010 Ms. Lucy Linnaus Senior Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M20 Santa Ana, CA 92702 SUBJECT: DRAFT EIR FOR CITY OF SANTA ANA TRANSIT ZONING CODE Dear Ms. Linnaus: Thank you for the opportunity to provide comments on the Draft Environmental Impact Report (DEIR) for the City-initiated Transit Zoning Code Project, which is the zoning component of the proposed Santa Ana Renaissance Specific Plan. According to the DEIR, the Transit Zoning Code would provide for the integration of new infill development, reuse, mixed use and transit supportive development that would support the addition of new transit infrastructure. The Transit Zoning Code would allow up to 4,075 additional dwelling units in buildings of up to 25 stories and 387,000 square feet of retail development within an area of 450 acres located west of Grand Avenue and north of First Street in Santa Ana. The following comments are noted for your use in revising the DEIR: According to the DEIR, 1.5 acres of new public parkland is proposed within the project area and the proposed project is required to provide approximately 19.88 acres of new parkland based on the City of Santa Ana parkland dedication requirements. However, the DEIR does not identify any exaction of parkland in-lieu fees for not providing what would be the normally required new parkland for the project. Therefore, the DEIR should include a mitigation measure that also requires the application of parkland in-lieu fees in conjunction with development of the project as when building permits are issued or development thresholds are reached so the adequate parklands can be constructed elsewhere in Santa Ana to meet the needs of future residents of the project. Otherwise, residents of the project area may be unable to find adequate parks in Santa and may negatively impact park and overburden parkland facilities in adjacent jurisdictions. 2. The DEIR acknowledges on Page 4.7-24 that the proposed Transit Zoning Code would conflict with the existing Santa Ana General Plan and that the General Plan would need to be amended to incorporate the proposed land uses and development standards. However, the associated general plan amendment is not proposed at this time. Pursuant to the California Environmental Quality Act (CEQA), a project is defined, in part, as "the whole of an action" that may result in either a direct or a reasonably foreseeable indirect physical change in the environment. In conducting its analysis, a lead agency may not piecemeal or segment a project by splitting it into Ms. Lucy Linnaus DEIR for Transit Zoning Code March 17, 2010 Page 2 two or more segments. Therefore, the DEIR should analyze the required proposed general plan amendments and a copy of the proposed amendments should be made available to the public for review in conjunction with the proposed Transit Zoning Code Project. 3. Currently, the DEIR does not analyze any intersections or roadways within the City of Tustin. However, based upon the proximity of the Project to Tustin, it appears this Project could have adverse impacts to Tustin traffic and the City's circulation system. As was done with the traffic study for the Santa Ana Metro East Overlay Zone, the study area should be expanded to include portions of Tustin that may be impacted by traffic from the Project. Tustin needs assurance that adequate mitigation for the Project will be required and implemented, regardless of jurisdictional boundaries. 4. The DEIR must clearly identify the methodology for selection of the study area and traffic analysis locations. 5. The Project must contain conditions of approval to address both Project and cumulative traffic impacts. The City of Tustin may not support the Project unless there are assurances that all impacts affecting the City of Tustin will be fully mitigated and funded. 6. For areas surrounding the Project (in particular those within the City of Tustin) there are traffic operational issues that must be considered in the DEIR. An operational analysis of intersections should supplement standard intersection evaluations. 7. There must be a complete and thorough discussion of the traffic model assumptions, such as ramp metering assumptions, TDM credits, and freeway congestion. 8. The DEIR should utilize a select zone model run to identify where the Project traffic will travel on roadways in the City of Tustin. This is critical information needed for the City of Tustin to evaluate the potential Project related traffic impacts. 9. Given the proposed changes in land uses, each development that results from the Project must provide its "fair share" contribution toward the ultimate infrastructure needs. 10. There is a significant amount of new development approved in the cities of Irvine and Orange that will likely use arterial roadways, including Irvine Boulevard, First Street, Bryan Avenue, Main Street and EI Camino Real. Traffic volumes from these projects must be considered in the DEIR. 11. From a traffic perspective, the identification of existing conditions is critical for establishment of a Project "baseline." The analysis needs to consider existing land uses, road system, and other existing conditions to accurately establish a "baseline" in order to identify Project related impacts. Ms. Lucy Linnaus DEIR for Transit Zoning Code March 17, 2010 Page 3 12. For locations within the City of Tustin, the traffic analyses must be consistent with City of Tustin criteria and methodologies. Thank you again for the opportunity to provide comments on the Draft EIR for the City of Santa Ana Transit Zoning Code. The City of Tustin requests that the City of Santa Ana revise the DEIR and recirculate the document for public review and comment rather than proceeding directly with the preparation of the Final EIR. In any event, the City of Tustin would appreciate receiving all additional environmental documents with the responses to our comments when they become available and all future public hearing notices with respect to this project. If you have any questions regarding the City's comments, please call me at (714) 573-3016 or Terry Lutz, Principal Engineer, at (714) 573-3263 Sincerely, Scott Reekstin Senior Planner cc: Elizabeth A. Binsack, Community Development Director Douglas S. Stack, Acting Public Works Director Doug Anderson, Transportation and Development Services Manager Dana Kasdan, Engineering Services Manager Terry Lutz, Principal Engineer Douglas Holland, City Attorney S:\Cdd\SCOTT\Environmental etc\Santa Ana Transit Zoning Code DEIR Comment Letter.DOC