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HomeMy WebLinkAbout15 T. LIBRARY LEASE 05-06-02NO. 15 05-06-02 400-70 ~ MEETING DATE: MAY6, 2002 ~ TO: WILLIAM A. HUSTON, CITY MANAGER FROM: CHRISTINE A. SHINGLETON, ASSISTANT CITY MANAGER SUBJECT: THIRD AMENDMENT TO LEASE FOR TUSTIN LIBRARY BRANCH SUMMARY Approval of a Third Amendment to the Lease for the Tustin Branch Library is requested to facilitate and enhance the City's proposed June application for a state grant under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 ( the Library Bond Act). RECOMMENDATION It is recommended that the City Council: 1. Approve Resolution No. 02-49 adopting the Final Mitigated Negative Declaration for Third Amendment to the Lease for the Tustin Branch Library, and; 2. Approve the Third Amendment to Lease and authorize the City Manager to execute said Lease between the City and County of Orange on behalf of the City. FISCAL IMPACT No direct impact on the General Fund at this time. BACKGROUND/DISCUSSION This Third Amendment to the current lease with the County of Orange will redefine the legal description of the Library use area on the Civic Center to only include the actual leased premises ( or building footprint of the current Tustin Branch Library). This will ensure that the City will be able to request the land value of portions of the Civic Center site that are not exclusively used for specific library use as part of the City's anticipated grant application to the State pursuant to the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2002 for acquisition and construction of a new Tustin Branch Library. Christine Shingleton d Assistant City Manager Attachments: Third Amendment to Lease Resolution No. 02-45 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TUS 24-L-B Tustin Library THIRD AMENDMENT TO LEASE THIS LEASE AMENDMENT dated ,2002, is the THIRD AMENDMENT TO LEASE by and between the COUNTY OF ORANGE, a political subdivision of the State of California, hereinafter referred to as "LESSEE," and the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "LESSOR." RECITALS 1. LESSEE and LESSOR entered into a lease dated July 9, 1974, wherein LESSOR agreed to lease a site to LESSEE for construction of a branch library. 2. By the terms of said Lease, LESSOR agreed to provide two hundred and thirty-two (232) public parking spaces in the Civic Center in addition to those specified for library use. 3. The intention of the parties was for the LESSOR to provide one hundred and thirty-two (132) public parking spaces in its Civic Center rather than two hundred and thirty-two (232) in addition to those specified for library use. 4. On March 30, 1976, the parties amended the lease to correct, among other things, the number of public parking spaces provided in the Civic Center to the intended number of one hundred and thirty- two (132) parking spaces, in addition to those specified for library use. 5. On September 17, 1991, the parties agreed to a Second Amendment to Lease to increase the number of public parking spaces available for common use in the Civic Center to one hundred and eighty-eight (188) parking spaces in addition to sixty-two (62) for library use. 6. At this time, LESSEE and LESSOR wish to amend said Lease and remove the parking and landscaped areas from the Demised Premises of the Lease. 7. Revised Exhibit A accurately describes the library site, while Revised Exhibit B shows a map of the library and parking area. In addition, Exhibit C (Site Plan) introduced into the Lease by the Second Amendment To Lease shows the expanded parking area format. The parties agree to delete Revised Exhibit B and Exhibit C and in lieu thereof substitute Revised Exhibit B-1 for both Exhibits. NOW, THEREFORE, the parties hereby mutually agree as follows: lo following clause is substituted: // // // TUS/3~ Amendment 4/02/02 Clause 1 (DEMISED PREMISES) of the Lease is hereby deleted and in lieu thereof the Page 1 of 6 I 1. DEMISED PREMISES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The Demised Premises consists of a library building site as described on Revised Exhibit A and shown on Revised Exhibit B-1, which exhibits are attached hereto and by reference made a part hereof, together with the rights of ingress and egress. II. Clause 7 (CONSTRUCTION OF PARKING AND LANDSCAPED AREA) of said Lease is hereby deleted in its entirety. III. Clause 8 (PAYMENT OF CONSTRUCTION COSTS OF PARKING FACILITIES AND LANDSCAPED AREAS) of said Lease is hereby deleted in its entirety. IV. Clause 10 (OPERATION AND MAINTENANCE OF PARKING AND LANDSCAPED AREAS) of said Lease is deleted and in lieu thereof the following clause is substituted: 10. OPERATION AND MAINTENANCE OF PARKING AND LANDSCAPED AREAS (N) LESSOR shall operate and maintain all parking areas, roads, walks and landscaped areas in the Civic Center. The nature and manner of such operations and maintenance shall be uniform throughout LESSOR's Civic Center. The use of such areas and facilities by LESSEE's employees and patrons shall be subject to reasonable regulations and changes as LESSOR shall make from time to time, but all regulations shall be applied equally to all persons entitled to use such areas. LESSEE shall abide by such regulations and cooperate in their observance. At the start of the fiscal year (July 1 through June 30), LESSOR shall determine the operating and maintenance costs for all landscaped areas and parking areas in the Civic Center. LESSOR shall within sixty (60) days after the commencement of each fiscal year submit an invoice and annual report which states the actual parking and landscaped area maintenance costs for the Civic Center and LESSEE's proportionate share of costs calculated in accordance with formulas as set out in Sections A and B below. LESSEE shall have sixty (60) days upon receipt and approval of LESSOR's invoice and annual report to pay to LESSOR LESSEE's proportionate share of reasonable maintenance and operating expenses for the Civic Center parking and landscaped areas attributable to the Library in accordance with the following formula: A. Parking Area Maintenance and Operating Expenses X=A/BxC Where: X - LESSEE's share of parking area maintenance costs A =~l,~(Parking spaces allotted to Library employees) B =~ (Total number of parking spaces in the Civic Center) C = Cost of parking area maintenance for the entire Civic Center B. Landscaped Area Maintenance Expenses X=A/BxC TUS/Yu Amend~nent 4/0~02 Page 2 of 6 I Where: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 X = LESSEE's share of landscaped area maintenance costs A = Landscaped area attributable to Library B = Total landscaped area in Civic Center C = Cost of landscaped areas maintenance in the entire Civic Center It is the intent of Clause 10 Sections A and B above that LESSEE pay for the reasonable cost of maintenance for the County Library. LESSOR's failure to submit to LESSEE the above-mentioned invoice, proof of payment, and annual report within ninety (90) days after the commencement of each fiscal year shall be conclusively considered to be confirmation that payment from LESSEE is not due for parking and landscaped area operating and maintenance expenses for the previous fiscal year. LESSEE shall be responsible for, and shall pay in the same proportion as determined in Section A above, its proportionate share of all fees, assessments and charges levied upon parking areas by any governmental authority. LESSOR agrees that LESSEE shall not be responsible for fees, assessments and charges levied upon parking areas by LESSOR. V. Clause 23 (ATTACHMENTS) of said Lease is hereby deleted and in lieu thereof the following clause is substituted: 23. ATTACHMENTS This Lease includes the following, which are attached hereto and made a part hereof: GENERAL CONDITIONS Revised Exhibit A - Legal Description Revised Exhibit B-! - Site Plan VI. A new Clause 24 is hereby added to the Lease to read as follows. 24. LABOR CODE COMPLIANCE (6.10 S) LESSOR acknowledges and agrees that all improvements or modifications required to be performed as a condition precedent to the commencement of the term of this Lease or any such future improvements or modifications performed by LESSOR at the request of LESSEE shall be governed by, and performed in accordance with, the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the State of California (Sections 1770, et seq.). These provisions are applicable to improvements or modifications costing more than $1,000. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the Orange County Board of Supervisors has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality applicable to this Lease for each craft, classification, or type of workman needed to execute the aforesaid improvements or modifications from the Director of the State Department of Industrial Relations. Copies of said prevailing wage rates may be obtained from the State of California, Department of Industrial Relations or Orange County Public Library. TUS/3f~ Amendment Page 3 of 6 4/0~02 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LESSOR hereby agrees to pay or cause its contractors and/or subcontractors to pay said prevailing wage rates at all times for all improvements or modifications to be completed for LESSEE within the Premises, and LESSOR herein agrees that LESSOR shall post, or cause to be posted, a copy of the most current, applicable prevailing wage rates at the site where the improvements or modifications are performed. Prior to commencement of any improvements or modifications, LESSOR shall provide Orange County Public Library with the applicable certified payroll records for all workers that will be assigned to the improvements or modifications. Said payroll records shall contain, but not be limited to, the complete name, address, telephone number, social security number, job classification, and prevailing wage rate for each worker. LESSOR shall provide Orange County Public library bi-weekly updated, certified payroll records for all workers that include, but not be limited to, the weekly hours worked, prevailing hourly wage rates, and total wages paid. If LESSOR neglects, fails, or refuses to provide said payroll records to Orange County Public Library such occurrence shall constitute an event of default of this Lease and COUNTY may, notwithstanding any other termination provisions contained herein: A. Terminate this Lease; or B. At LESSEE's sole option, LESSEE may deduct future rent payable to LESSOR by LESSEE as a penalty for such non-compliance of paying prevailing wage, which rent deduction would be LESSEE's estimate, in its sole discretion, of such prevailing wage rates not paid by LESSOR. VII. A new Clause 25 is hereby added to the Lease to read as fbllows. 25. RIGHT TO WORK AND MINIMUM WAGE LAWS (6.13 S) In accordance with the United States Immigration Reform and Control Act of 1986, LESSOR shall require its employees that directly or indirectly service the Premises, pursuant to the terms and conditions of this Lease, in any manner whatsoever, to verify their identity and eligibility for employment in the United States. LESSOR shall also require and verify that its contractors or any other persons servicing the Premises, pursuant to the terms and conditions of this Lease, in any manner whatsoever, verify the identity of their employees and their eligibility for employment in the United States. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and State of California Labor Code, Section 1178.5, LESSOR shall pay no less than the greater of the Federal or California Minimum Wage to all its employees that directly or indirectly service the Premises, in any manner whatsoever. LESSOR shall require and verify that all its contractors or other persons servicing the Premises on behalf of the LESSOR also pay their employees no less than the greater of the Federal or California Minimum Wage. LESSOR shall comply and verify that its contractors comply with all other Federal and State of California laws for minimum wage, overtime pay, record keeping, and child labor standards pursuant to the servicing of the Premises or terms and conditions of this Lease. TUS/3'~ Amendment Page 4 of 6 4/02/02 l0 11 12 13 14 15 16 17 18 19 20 21 20.. 23 24 25 Notwithstanding the minimum wage requirements provided for in this clause, LESSOR, where applicable, shall comply with the prevailing wage and related requirements, as provided for in the Clause 24 (LABOR CODE COMPLIANCE) of this Lease. VIII. EXHIBITS Revised Exhibit B and Exhibit C in said Lease are hereby deleted and in lieu thereof Revised Exhibit B-1. Site Plan. as attached hereto, is added. IX. All other terms and conditions of said Lease dated July 9, 1974, as amended on March 30, 1976 and September 7, 9191, shall remain in full force and effect. TUS/3''~ Amendment Page 5 of 6 4/0~02 10 Ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 IN WITNESS WHEREOF, the parties have executed this Third Amendment To Lease as of the day and year first written above. LESSOR CITY OF TUSTIN By William Huston, City Manager APPROVED AS TO FORM: County Counsel APPROVED AS TO FORM' City Attorney C) DepUty County Cot(nsel Date' / By Lois Jeffrey, City Attorney Date RECOMMENDED FOR APPROVAL: Orange County Public Library By County Librarian SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD LESSEE COUNTY OF ORANGE By DARLENE J. BLOOM Clerk of the Board of Supervisors Of Orange County, California TUS/3r'' Amendment 4/0W02 Page 6 of 6 By Chair, Board of Supervisors t CIVIC, ~1"'- I""' COUNTY OF ORANGE ORANGE COUNTY PUBLIC LIBRARY TUSTIN LIBRARY REVISED EXHIBIT B-1 RESOLUTION NO. 02-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE TUSTIN LIBRARY EXPANSION PROJECT The Tustin City Council does hereby resolve as follows: I. The City Council finds and determines as follows: A. The County of Orange's Orange County Public Library ("OCPL") currently operates the Tustin Branch Library at 345 East Main Street through a lease agreement with the City of Tustin and provides library services to the Tustin service area and the City of Tustin is a member of the OCPL system; B. The current facility is only 15,000 sq. ft. in size and is one of the busiest branches in the OCPL system. The current building is 24-years old and is approaching the end of its usable life, unless significant renovation is undertaken. The current size of the Tustin Branch Library is already a significant constraint to its continued future use by the community; C, An Ad Hoc Library Committee has evaluated the existing library services and the community's library needs and a facility plan was developed for a library expansion. After analysis of three expansion alternatives, it was determined that the removal of the existing facility and construction of a new single story facility was the best approach; D, The City of Tustin is applying for a state grant pursuant to the California Reading and Literacy Improvement and Renovation Act of 2000 (the "Library Bond Act") for acquisition and construction of a new replacement Tustin Branch Library; E, An Initial Study and a Negative Declaration have been prepared for this project and have been distributed for public review. The actions necessary to implement the Tustin Branch Library Expansion project are cumulatively defined herein to be a project under the California Environmental Quality Act (CEQA) Section 21065 and include the following actions with the responsible agencies noted: 1. California Reading and Literacy Improvement and Renovation Act of 2000 grant application submittal and approval. Resolution No. 02-49 Page 2 of 3 2. Cooperative Agreement for a Joint Venture- Homework Center in the Library (between County of Orange OCPL and local school districts). 3. Site acquisition of privately owned properties. 4. Street Vacation of a portion of S. Preble St. between E. Third Street and E. Main Street and certain utility relocations. 5. General Plan Amendment (GP 02-001. 6. Zone Change (ZC) 02-001. 7. Conditional Use Permit (CUP) 02-003, a proposal to permit a library use within the P& I zoning designation. 8. Design Review (DR) 02-007, design approval to permit construction of an approximate 31,800 square foot proposed library. 9. Approval of an Operating Service Agreement with the Orange County Public Library for operation of the proposed new Tustin Branch Library and an interim Amendment to the current Tustin Branch Library Lease to enhance the application as well as any subsequent Amendments needed to reflect a new proposed Library location. II. A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. The City Council has received and considered the information contained in the Negative Declaration prior to approving the proposed Library Expansion project and determined that the proposed project will not have a significant effect on the environment. Further, the City Council finds that approval of the Proposed Library Expansion Project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code Section. The City Council hereby adopts the Final Negative Declaration for the proposed Library Expansion Project at 345 East Main Street, Tustin, California. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 6th day of May, 2002. JEFFERY M. THOMAS Mayor PAMELA STOKER COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, C,4 92780 (714) .$73-3100 NEGATIVE DECLARATION Project Title: Library Expansion Project Project Location: 345 East Main Street, Tustin, California Project Description: Demolition of the existing 15,000 sq. ft. Tustin Library and construction of a new 31,800 sq. fi. Tustin Library at an expanded site location. The specific actions needed to implement the Library Expansion Project are identified within the Initial Study prepared for this project. Project Proponent: City of Tustin Lead Agency Contact Person: Dana Ogdon Telephone: 714/573-3116 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, 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 5:00 P.M. ON MAY 6, 2002 Date May 6, 2002 Christine A. Shingleton Assistant City Manager COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY Aa, BACKGROUND Project Title: Tustin Library Expansion Project Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: John Buchanan Phone: (714) 573-3124 Project Location: 240 E. Third St., 345 E. Main Street (existing library), 330-334 S. Preble Dr., 325-329 S. Preble Dr., 335-339 S. Preble Drive, 285 E. Main St., 305 E. Main Street, and 300-304 E. Third St., portion of S. Preble Dr. right-of-way between E. Main St. and E. Third St. (Exhibit 1). Project Sponsor's Name and Address: City of Tustin 300 Centennial Way Tustin, California 92780 Orange County Public Library 1501 E. St. Andrews Place Santa Ana, California 92705 General Plan Designation: Old Town Commercial Zoning Designation: CG "Commercial General" (300-304 E. Third St., 325-339 S. Preble Dr., 305 E. Main St.), R-3 "Multiple Family Residemial" (330-334 S. Preble Dr.), C-2/P "Central Commercial/Combining Parking District" (240 E. Third St.), C-2 "Central Commercial" (285 E. Main St.), P & I "Public and Institutional" (345 E. Main St.). Project Description: Proposed construction of a new approximate 31,800 sq. foot library. Surrounding Uses: North: Multiple Family Residemial South: Commercial East: City of Tustin Main Street Water Facility West: Tustin Civic Center Other public agencies whose approval is required: [-] Orange Count' Fire Authority [~ City of Irvine ~-~ Orange County Health Care Agency [~] CiD' of Santa Ana [~ South Coast Air Quality Management [-~ Orange County District EMA Other: Orange County Public Library, 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/Circulation [~ Mandatory Findings of Significance [--] Agricultural Resources [~] Biological Resources [--] Geology/Soils ['~ Hydrology/Water Quality [~ 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 environmem, and a NEGATIVE DECLARATION will be prepared. ~-~ I fred that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A 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 fred that the proposed project MAY have a significant effect(s) 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 on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENWIRONMENTAL 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, there WILL NOT be a significant effect in this case because all potentially significant effects 1 ) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I fred that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potemially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Chris-tine A. Shir~'eton, As~t'Cit3' ~ager Title Program Manager Date EVALUATION OF ENVIRONMENTAL IMPACTS See Exhibit 2 for an Explanation of Evaluations Noted Below. I. 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, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 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 Pro,am &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? 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 quali~ plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria 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? Potentially Significant Impact Less Than Significant W~th Mitigation Incorporation Less Than Significant Impact No Impact 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 shams species in local or regional plans, policies, or regulations, or by the California Department offish 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 offish 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? d) Interfere substantially with the movemem 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? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 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? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or strucmres.-to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant Impact Less Than Significant g,~th Mitigation Incorporation Less Than Significant Impact No Impact. 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? 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 &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 altemative waste water disposal systems where sewers are not available for the disposal of waste water? 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? 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 prqject area? f) For a project within the viciniw of a private airstrip, would the project result in a safe~' hazard for people residing or working in the project area? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact 0 0 0 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, injuD' or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or mount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted nmoft?. f) Otherwise substantially degrade water quality? g) 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 hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a sigxfificanl risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING - Would the project: Potentially Significant Impact Less Than Significant With Mitigation .Incorporation Less Than Significant Impact No Impact a) Physically divide an established communi~? [--] [~] [~] [~ 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? 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) Kesult 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? 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 groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicini~ above levels existing without the project.9 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? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION 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 roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Less Than Significant Ve~th Mitigation Incorporation Less Than Significant Impact No Impact c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X~III. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 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? t3 Result in inadequate parking capacity.? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact 0 © 0 © 0 0 g) Conflict with adopted policies, plans, or pro,ams sUpporting alternative transportation (e.g., bus turnouts, bicycle racks)? 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? 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? XVII. MANI}ATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to decade the quality &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 &the major periods of California history, or prehistory? b) 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 projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant I~th Mitigation Incorporation Less Than Significant Impact No Impact Exhibit 1 CENTENNIAL WAY Z I I I I I I I I I I I I I m i I I I z PROSPECT AVENUE ,, o o o 160 L 155 'r~ .bi J J 275 :.'-" 265 255 245 L/235 ATER RVICES EL CAMINO REAL I i i i TUS TIN PLA ZA 300 2.7O 250 230 220 210 200 TUSTIlV GARDEIV$ 174 170 ,6o J 150 t40 130 · ,~- 275 Exhibit 2 EXHIBIT 2 EVALUATION OF ENVIRONMENTAL IMPACTS TUSTIN BRANCH LIBRARY EXPANSION PROJECT CITY OF TUSTIN, CALIFORNIA (Amended April 30, 2002) BACKGROUND The City of Tustin is applying for a state grant pursuant to the California Reading and Literacy Improvement and Renovation Act of 2000 (the "Library Bond Act") for acquisition and construction of a new replacement Tustin Branch Library. The County of Orange's Orange County Public Library ("OCPL") currently operates the Tustin Branch Library through a lease agreement with the City of Tustin and provides library services to the Tustin service area and the City of Tustin is a member of the OCPL system. The current Tustin Branch Library is located in the vicinity of Main Street and Centennial Way within the Tustin Civic Center area at 345 East Main Street. The current facility is only 15,000 sq. ft. in size and is one of the busiest branches in the OCPL system. The current building is 24-years old and is approaching the end of its usable life, unless significant renovation is undertaken. Through the efforts of an Ad Hoc Library Committee, the existing library services and the community's library needs were evaluated and a facility plan developed for a library expansion. In summary, the participants found that the Tustin Library was limited in its collections, programs and services by the size and inadequacies of the existing facility. After analysis of three expansion alternatives, it was determined that the removal of the existing facility and construction of a new single story facility was the best approach. The general location of the current facility, however, was viewed as ideal and desired by the community provided additional land area could be added to the library site from properties to the west to ensure adequate space for additional square footage and the provision of adequate parking and site amenities. If left as is, the current size of the Tustin Branch Library is already a significant constraint to its continued future use by the community. The Tustin library currently serves a community encompassing the Tustin city limits and its sphere of influence within the County unincorporated area to the north (includes the neighborhoods of North Tustin, Lemon Heights, Redhill and Cowan Heights). As many as 1,000 persons a day currently visit the Tustin Branch Library. The Tustin Branch Library's annual circulation in Fiscal Year 2001 was 435,061, which ranks the second highest in the entire OCPL system. From 1980 to 2000, the population of Tustin Branch Library service area increased by 58% from 58,491 to 92,344 persons. Redevelopment of the former Marine Corps Air Station (MCAS) Tustin, final build-out construction of the Tustin Ranch area and in-fill development is expected to boost the library service area's population an additional 17% to 107,899 by the year 2020. In addition, the Tustin Branch Library is an important resource that must have capacity to support school age children. From 1980 to 2000, the TUSD student attendance increased 45% from 11,645 to 16,925 with projected 2020 attendance anticipated to increase an additional 35% to 23,000 students. More than half of the TUSD's students are enrolled in the sixth grade or below, educational levels in which students are endeavoring to learn, and would most likely to visit a public library. Changes in technology have also contributed to the obsolescence of the existing facility. The existing Tustin Branch Library's current design is unable to accommodate recent technological Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 2 changes that are modifying the way people use information. The Tustin Library must support and provide technology services including remote access, automated systems, training and development, telecommunications, and a capability and capacity to expand current services and systems to accommodate new emerging technologies of the future. The Tustin Branch Library Expansion project site will involve the construction of an approximate 31,800 square foot building on up to a 4-acre site (Exhibit 3), with 125,275 volumes proposed in the library collection as well as seating for 563, and a community room that seats 100. A summary of the Library Space Square Footage Summary is attached as Exhibit 4. The proposed new facility will be parallel and set back from Main Street to create a strong image and statement for the site and to enhance the buildings appearance to the public. Book drop-off and patron drop-off areas will be oriented at the front of the building. Site development will include the provision of a minimum of parking for 158 cars including properly signed handicapped spaces near the Main Street entrance, bicycle racks for locking bikes appropriately located and a bus pull- off and turnaround area. Ingress and egress to the parking lot areas will be from Main Street. Site development will also include landscaping and irrigation, patios including secured outdoor reading areas and a Library Plaza, walkways, fences and gates, exterior lighting, area storm drains, back- flow preventors and clean-outs. The perimeter of the building and all parking lots will be illuminated with time clock controlled vandal-proof lights and manual, time over-ride buttons and switches. The overall site plan will be integrated with the activities and design of the adjacent Civic Center area to the north, northeast and east. In addition, landscaping along the Third Street setback for the project will enhance the image of the project for residential uses to the west. The actions necessary to implement the Tustin Branch Library Expansion project are cumulatively defined herein to be a project under the California Environmental Quality Act (CEQA) Section 21065 and include the following actions with the responsible agencies noted: 1. California Reading and Literacy Improvement and Renovation Act of 2000 grant application submittal and approval (City of Tustin, California State Library). 2. Cooperative Agreement for Joint Venture- Homework Center in the Library. 3. Site acquisition of privately o~vned properties as shown on Exhibit 5 and as specifically noted below (City of Tustin, Tustin Community Redevelopment Agency): Assessor Parcel No. Property Address Property_ Owner a) 401-592-12 b) 401-593-04 c) 401-582-05 d) 401-593-01,02 e) 401-593-03 f) 401-592-11 g) 401-592-10 h) 401-592-13,14,15 i) Not Applicable 335-339 S. Preble Drive 285 E. Main St. 240 E. Third St. 330-334 Preble 325-329 S. Preble Dr. 300-304 E. Third St. 305 E. Main St. Portion of S. Preble Dr. Blanchard, William & Susan De Nicola, Carolyn Emery, Walter & Marilyn Potiker, Kenneth & Lisa Shinagawa, Ryo Tustin Masonic Temple City of Tustin Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 3 4. Street Vacation of a portion of S. Preble St. between E. Third Street and E. Main Street (Parcel 4i) and utility relocations (City of Tustin). 5. General Plan Amendment (GP 02-001), a proposal to change the existing General Plan Land Use Element designation of the parcels described in item 3 and 4 above as follows: change Parcels 3a), 3d), 3e), 3f) and 3g) from High Density Residential to Public Institutional; Parcels 3b), 3c), and 3h) from Community Commercial to Public Institutional; change the designation of parcel 4i) (Pebble St. right-of-way from Main St. to Third Street) to Public Institutional (City of Tustin). 6. Zone Change (ZC) 02-001, a proposal to change the existing zoning of parcels described in item 3 above as follows: change parcels 3 a), 3 b) and 3 e), 3 f), 3g), 3h) from C- G (Commercial General) to Public Institutional (P&I); change parcels 3c) from C-2 P Commercial Parking Overlay to Public Institutional (P&I); change parcels 3d) from R-3 (Multiple Family Residential) to Public Institutional (P&I) (City of Tustin). 7. Conditional Use Permit (CUP) 02-003, a proposal to permit a library use within the P& I zoning designation (City of Tustin). 8. Design Review (DR) 02-007, design approval for the proposed library project (City of Tustin and Tustin Community Redevelopment Agency). 9. Construction of a new approx. 31,800 square foot one story public library and required parking (City of Tustin). 10. Approval of an Operating Agreement with the OCPL for operation of the proposed new Tustin Branch Library and Amendment of the current Lease to facilitate the Bond application and any additional Amendments needed to reflect the new library location (City of Tustin and County of Orange OCPL). The following information provides background support for the conclusions identified in the Initial Study Checklist. Ie AESTHETICS a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? Items a, b, c - "No Impact" - There are no significant scenic vistas, scenic resources or state scenic highways located on the subject site or within the surrounding vicinity. The Tustin Branch Library project is proposed to be located between public and institutional uses to the west (Tustin Water Division Yard) and east (Tustin Civic Center), and residential uses to the north. The project site is currently developed with residential uses, commercial uses and a board and care facility and there is mixture of zoning designations and building types, without a single, unified visual character. Prior to construction, design of the project must be reviewed and approved by the Tustin Planning Commission. In approving the project's design, the Tustin Planning Commission will consider and ensure that the project is compatible with the adjoining existing public to the Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 4 west and east and private residential uses to the north. As such the project design will improve the aesthetics, visual character and quality in the vicinity and also provide greater consistency with public institutional uses located on each side of the site. d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? II. Item d - "Less than Significant Impact" - The Tustin Branch Library expansion project proposes the construction of a public library facility, which includes a public parking area. The public nature of the building requires the installation of adequate outdoor lighting to ensure public safety and access to the proposed building and parking areas. For safety reasons and as required by the City of Tustin Security Ordinance, outdoor parking and sidewalk areas would be lighted throughout the night. The Security Ordinance requires in part that a minimum of 1 foot-candle and .25 foot- candles of light be illuminated in the parking areas and pedestrian areas respectively. However, pursuant to existing Tustin City Code, all outdoor lighting will be directed downward toward the project's walkways and parking areas and away from neighboring residential areas and public streets, eliminating any possibility of the project generating a substantial level of light or glare that would adversely affect day or nighttime views in the area. In addition, the orientation of the proposed building with parking lot areas largely facing Main Street and commercial frontage will also serve to reduce impacts on residential uses to the north of Third Street. Consequently, established local regulations and procedures as well as site design would provide adequate protection and reduce the project's potential to impact aesthetics to a less than significant impact. Mitigation/Monitoring Required: Compliance with existing rules and regulations is not mitigation under CEQA. Consequently, no mitigation is required. Sources: Preliminary Site Layout (Exhibit 3) Field Verification Tustin City Code Tustin General Plan AGRICULTURE RESOURCES 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? Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 5 III. Items a, b, c -"No Impact"- The proposed Tustin Branch Library Expansion project site is located within an urban setting with existing urban zoning and uses. Implementation of the proposed project will not convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, nor will it conflict with existing zoning for agricultural use or a Williamson Act contract or involve or cause changes to the environment resulting in conversion of farmland to non-agricultural use. Consequently, the project will result in no impact upon agricultural resources. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Verification Submitted Plans Tustin City Code Tustin General Plan AIR QUALITY a) ConHiet 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? 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 that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Items a, b, c, d and e -"Less than Significant Impact" - The existing Tustin Branch Library operates a 15,000 sq. ft. facility with up to 1,000 visitors per day. However, it has been determined that the existing facility is grossly undersized. As such, it is anticipated that the Tusfin Branch Library expansion and additional parking areas will be appropriately sized to provide adequate library capacity needed to meet the Tustin community's library needs through the year 2020 and beyond. The project is proposed within an urban setting adjacent to an existing Civic Center and Water Depamnent, a location that is already a destination point for persons seeking library services. However, with the demolition of the existing improvements and the construction of new improvements there may be short-term air quality pollutants such as dust particulates, which will be emitted into the air. While construction activities are required by the Tustin City Code to comply with Air Quality Management Plan (AQMP) requirements concerning dust Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 6 IV. control, etc., conditions of approval will be also imposed for the project to minimize construction activity dust generated as part of the project. The project will not conflict with the AQMP, violate any air quality standard or contribute a substantial quantity of pollutants to an existing air quality violation. In addition, the project will not result in a cumulatively considerable net increase of any pollutant, generate substantial pollutant concentrations or create objectionable odors. Consequently, established local regulations and procedures would provide adequate protection and reduce to a level of insignificance the project's potential to violate an air quality standard substantially impact air quality resources. Mitigation/Monitoring Required: Compliance with existing rules and regulations will reduce impacts to insignificant levels and is not mitigation under CEQA. Consequently, no mitigation is required. However, during construction activity on the site, contractors shall be required to comply with the grading plan approvals with regard to dust control, which will require the application of water to the site as specified in the Grading Code and Grading Manual. The Building Division of the Community Development Department will monitor this when demolition and construction commences on the site. So u rces : Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan City of Tustin, Community Development Department Tustin Grading Code and Grading Manual BIOLOGICAL RESOURCES 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? Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 7 Ve 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 plan? Items a, b, c, d, e, and f- "No Impact"- The proposed Tustin Branch Library expansion project is sited within an urban setting with an existing built environment. The existing development includes a variety of ornamental landscaping which is in various states of condition. There are also no natural habitats, wetlands or sensitive natural communities that exist at the site nor the biological resources, flora or fauna that might be found within such areas. Since landscaping the existing Tustin Branch Library and other buildings and improvements on the proposed site will be demolished, new omamental landscaping would be re-established on the development site to conform to the requirements of Tustin's Landscape and Irrigation Guidelines. Consequently, the project will result in no significant impact to biological resources. Mitigation/Monitoring Required: No mitigation is required. So urces : Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan CULTURAL RESOURCES 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? Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 8 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? V1. Items a, b, c and d -"Less than Significant Impact" - The proposed Tustin Branch Library Expansion project is sited within an urban setting with an existing built environment that does not contain known historical, archaeological or paleontological resources or a unique geologic feature. The City's General Plan does not identify urbanized sites as sensitive areas and there are no known archaeological resources within these sites. However, through the City's standard procedures and policies, if buried archaeological resources are found during construction, a certified archaeologist would need to be retained to assess the site's significance and perform appropriate mitigation. Also, the subject property is not located within the City's Cultural Resources Overlay District. Structures on properties which are immediately adjacent to the site are not identified as part of the Cultural Resources District. The current boundary of the Cultural Resources Overlay District is west of Prospect Avenue and includes much of Old Town Tustin. Prior to construction, design of the project will be reviewed and approved pursuant to the City's design review process and ordinance. In approving the project's design, the City must consider and ensure that the project is compatible with the adjoining existing public and private uses. In addition, the City will consider the proximity of the subject property with the nearby Cultural Resources Overlay District west of Prospect Avenue. Consequently, established local regulations and procedures would provide adequate protection and reduce the project's potential impact to cultural resources to a level of insignificance. Mitigation/Monitoring Required: Compliance with existing rules and regulations is not mitigation under CEQA. Consequently, no mitigation is required. Pursuant to the City's standard procedures and policies, if buried archaeological resources are found during construction, a certified archaeologist will be retained to assess the site's significance and perform appropriate mitigation. Sources: Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan GEOLOGY AND SOILS a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 9 b) c) d) e) 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. · Strong seismic ground shaking? · Seismic-related ground failure, including liquefaction? · Landslides? Result in substantial soil erosion or the loss of topsoil? 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? 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? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Items a, b, c, d and e- "Less than Significant Impact" - Geotechnical hazards that may affect the project are either related to seismic events or non-seismic events. Geotechnical hazards not related to earthquake activity include local settlement, regional subsidence, expansive soils, erosion, and construction soil instability. The subject site is currently developed with an existing library building, two commercial structures, 12 dwelling units and a Board and Care facility and is relatively flat in its topographical features. The proposed development of the site would require the demolition of the existing improvements on the property, as well as, minor grading activity, compaction of the soil, fill, and the over coveting of the soil to create a new building pad. Any landslide areas will not impact the site, seethe, tsunami, volcanic action, erosion or subsidence's since none of these geological features are present on the site or in the vicinity. Item a- Seismic hazards include surface faulting, high-intensity ground shaking, ground failure and lurching. The project does not lie within the bounds of an "Earthquake Fault Zone," as defined by the State of California in the Alquist-Priolo Earthquake Fault Zoning Act. However, there are a number of faults in the Southern Califomia area that are considered active and which could have an effect on the site in the form of moderate to strong ground shaking, should they be the source of an earthquake. These include, but are not limited to: the San Andreas fault, the San Jacinto fault, the Whittier-Elsinore fault, the Chino fault and the Newport-Inglewood fault zone. The possibility of ground acceleration Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 10 or shaking at the site may be considered as approximately similar to the southem California region as a whole. The Tustin Branch Library Expansion project will be required by the Tustin City Code to comply with seismic design parameters contained in the most current version of the Uniform Building Code for seismic zone 4, Title 24 of the California Building Code, and the standards of the Structural Engineers Association of California. Compliance with established engineering procedures and techniques and local regulations and procedures would provide adequate protection and reduce to a level of insignificance this geotechnical hazard. Item b - The project site (and all of Tustin) is located within an area known to contain expansive, unstable, and subject to erosion. The Tustin Branch Library Expansion project will be required to comply with the existing City regulations related to erosion and runoff control to minimize the potential for on-site erosion. Compliance with established engineering procedures and techniques and local regulations and procedures would provide adequate protection and reduce to a level of insignificance this geotechnical hazard. Item c- The project site (and all of Tustin) is considered moderately susceptible to liquefaction. Consequently, site soil may become unstable as a result of earthquake-induced ground motion. Compliance with established engineering procedures and techniques such as removal and reoccupation of the site soil and remedial grading and local regulations and procedures would provide adequate protection and reduce to a level of insignificance this geotechnical hazard. Item d- The site is not identified as being an area containing expansive soils. However, as part of the City's development review, the project would be required to provide determination of the expansion potential of on-site soils and implement appropriate remedial measures in accordance with the City's Grading Ordinance and Manual including a removal/replacement/mixing of the localized expansive soils with granular non-expansive soils. Compliance with established engineering procedures and techniques and local regulations and procedures would provide adequate protection and reduce to a level of insignificance this geotechnical hazard. Item e- The proposed project site is located within an urban setting. As such, the City of Tustin requires the utilization of the local sewer system and does not permit the installation of septic tanks or other alternative wastewater disposal systems. Compliance with established engineering procedures and techniques and local regulations and procedures would provide adequate protection and reduce to a level of insignificance any concern related to the site's soil condition. Mitigation/Monitoring Required: Compliance with existing rules and regulations is not mitigation under CEQA. Consequently, no mitigation is required. Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 11 VII. Sotlt'ces : Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan HAZARDS AND HAZARDOUS MATERIALS a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonable 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 or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Items a, b, c, d, e, f, g and h- "No Impact"- The proposed Tustin Branch Library Expansion project would not transport or dispose of hazardous materials other than household cleaning materials and substances typically used to maintain such facilities. The use and disposal of these chemicals is regulated by the Orange County Health Department. In addition, the proposed library project would not produce hazardous emissions. In the event that any asbestos is discovered in existing buildings on the site, construction contract provisions will include the requirement that asbestos be removed and disposed of in accordance with Section 25163 c) of the Califomia State Health and Safety Code. The project site is located within John Wayne Airport's arrival and departure flight path corridor. John Wayne Airport is the primary airport serving Orange County and is located approximately four miles southwest of the project site. The County of Orange has adopted Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 12 an Airport Environs Land Use Plan (AELUP) that establishes land use restrictions upon properties located within 20,000 linear feet of the end of John Wayne Airport's runways. The project site is far to the north of the affected area and outside of the AELUP land use restrictions. In addition, the project is proposed to be limited to one story, which would not pose an aircraft related safety hazard to site visitors or workers. The project site is an urban setting. As such, the proposed Tustin Branch Library Expansion project will not impair implementation or physically interfere with the City's Emergency Response Plan or emergency evacuation plan. The project will not expose people or structures to significant risk to wildland fires since there are no wildlands in proximity to the site. Consequently, the project will result in no hazards or hazardous materials impacts. The project site is an urban setting that is currently a built environment with an existing library facility, daycare center, commercial office and residential uses. The project site has been utilized for the aforementioned uses since the early to mid 1960's. All vegetation currently at the site is utilized for decorative landscaping and not agricultural purposes as farming activities (and commercial pesticide use) ceased in the area near the turn of the 20th century. Since urbanization of the area was completed, only househoM maintenance/cleaning chemicals would have been utilized within the project area. No release of hazardous wastes/substances at the project area is expected to have occurred at the project site, nor are any known or potentially contaminated sites within the proposed project site. Consequently, there are no conditions at the site that would pose a threat to human health or the environment through the implementation of the proposed project.~ The properties located adjacent to the proposed project (also known as Old Town Tustin) are also currently developed with residential, commercial office, and commercial retail uses, many constructed prior to end of the 20th century. No industrial or farm activities exist within 2000feet of the project site, although automobile service stations exist approximately 1,800 linear feet from the project site. None of the adjacent properties within 2000feet are known or assumed to be contaminated with hazardous chemicals.2 Project construction will require soil excavation and soil filling in certain areas. On April 2, 2002, a Geotechnical Engineering Report was prepared for the project by Geotechnical Solutions, ]nc. The report identified no contaminants existing at the site. However, should construction activities identify the presence of previously unknown contamination, all construction activities would cease, appropriate Health and Safety procedures would be implemented and, appropriate sampling and treatment (if required) will be performed. S The proposed project will require demolition of buildings potentially containing lead-based- paint and asbestos materials. The City of Tustin will require the project contractor to take 1 Response to Comments #1, #2, #3 and #4, DTSC correspondence dated April 19, 2002. 2 Response to Comment #5, DTSC correspondence dated April 19, 2002. 3 Response to Comments #6 and #8, DTSC correspondence dated April 19, 2002. Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 13 the proper precautions during demolition activities and all contaminants will be remediated or disposed in compliance with California environmental regulations.4 Mitigation/Monitoring Required: No mitigation is required. Sources: Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan County of Orange Airport Environs Land Use Plan Orange County Fire Authority VIII. HYDROLOGY AND WATER QUALITY a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? 4 Response to Comment #7, DTSC correspondence dated April 19, 2002. Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 14 i) 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? j) Inundation by seiche, tsunami, or mudflow? Items a, b, c, d, g, h, I and j -"No Impact"- The subject site is currently developed with numerous building and improvements that are proposed to demolished. New site improvements would add impervious surfaces to the site, which would alter drainage and mn-off patterns within the limits of the property. The Construction of the project will not impact groundwater in the deep regional aquifer or shallow aquifer since no groundwater removal is proposed. The project proposes to utilize historic drainage patterns at the site. According to the Flood Insurance Rate Map, the property is not located within a 100-year or 500-year flood zone. Consequently, the project will not expose people or the proposed structures to a significant risk of loss, injury and death involving flooding as a result of the failure of a levee or dam, nor is the project susceptible to inundation by seiche, tsunami or mudflow. Item e, f -"Less than Significant Impact" The proposed Tustin Branch Library Expansion project demolition and construction of buildings and improvements could lead to some silt- laden runoff due to storm events and watering to reduce dust related air emissions. While this runoff could contain relatively high levels of total dissolved solids (TDS) and contribute in the short-term to degrading local and regional water quality, the limited size of the project is not expected to pose a significant impact. No long-term impacts to hydrology and water quality are anticipated for the proposed project. Construction operations would be required to comply with the Total Maximum Daily Load (TMDL) for the Newport Bay watershed that requires compliance with the Drainage Area Master Plan (DAMP) and National Pollution Discharge Elimination System (NPDES) and the implementation of specific best management practices (BMP). Compliance with state and local regulations and standards, along with established engineering procedures and techniques, would provide adequate protection and reduce to a level of insignificance any hydrology or water quality concern related to the implementation of the proposed project. Mitigation/Monitoring Required: Compliance with existing rules and regulations is not mitigation under CEQA. Consequently, no mitigation is required. Pursuant to the City's standard procedures and policies, the project would be required to comply with the Drainage Area Master Plan (DAMP), the National Pollution Discharge Elimination System (NPDES) and the implementation of specific best management practices (BMP). Sources: Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan Federal Emergency Management Administration (FEMA) Map (1999) Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 15 IX. LAND USE AND PLANNING 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? Items a, b and c -"No Impact"- The proposed Tustin Branch Library Expansion project is proposed within an existing urban setting and is intended to provide additional library capacity to address and accommodate the community's future library service needs. The subject site currently is designated on the Land Use Plan in the Tustin General Plan and on the zoning map a mixture of land use designations which create an irregular land use pattem (the Background Section of this Evaluation describes the specific zoning designations of property proposed for acquisition as part of the project- also see Exhibit 6). The property to the east and northeast is owned by the City of Tustin and includes the Civic Center complex. The property to the west includes the Water Department Main Street Reservoir site and public parking for the commercial areas to the west of Prospect Avenue. The proposed project would involve necessary amendments to the both the General Plan and Zoning Map to redesign ate the entire library site as Public Institutional. However, given the irregular current General Plan and Zoning designations on the subject property at this time and the fact that parcels proposed for redefinition and acquisition are also bound on each side by large public institutional uses, it is not anticipated that these changes will physically divide the community nor would they be significant. Conversely, the project will create a more logical pattern of land use designations in the vicinity and also provide additional protection to existing residential designated property north of the subject site. Although the project includes the abandonment of a portion of Preble Drive, altemative routes of circulation currently exist around the site to avoid dividing an established community. The project would not conflict with any land use plan, policy or regulation adopted for the purpose of mitigating an environmental effect, nor would it conflict with any habitat conservation plan or natural community conservation plan since none apply to the proposed site. Mitigation/Monitoring Required: No mitigation is required. Sources: Preliminary Site Layout Field Verification Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 16 Xe Tustin City Code Tustin General Plan MINERAL RESOURCES a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. Items a and b "No Impact"- Currently, there are no known significant or valuable mineral resources or resource recovery sites identified within the Tustin General Plan, etc. In addition, the construction of the proposed project would not negatively impact the availability of a known mineral resource. Consequently, the project will result in no impact to mineral resources. Mitigation/Monitoring Required: No mitigation is required. Sources: Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan NOISE 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 ground borne vibration or ground borne 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? f) For a project within the vicinity of a private airstrip, would the project expose Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 17 people residing or working in the project area to excessive noise levels? Items c, e, and f-"No Impact"- The proposed Tustin Branch Library Expansion project will replace existing structures within the site (including an existing 15,000 sq. fi. public library) with a new approximate 31,800 sq. fi. public library facility. The proposed library project will include the provision of a new on-site parking area that will be primarily oriented toward the existing commercial uses located along Main Street, separated and away from the existing residential areas to the north. The library's operational hours will be limited to normal business hours that will eliminate any possibility of late-night project noise violations. The project site is located four miles from John Wayne Airport and is not within the AELUP. Consequently, excessive aircraft related noises are not anticipated to affect the site or people working at the project area. Items a, b and d - "Less than Significant Impact" - The Tustin Library Expansion project is not expected to add new noise sources into the area as the site is presently developed with re'ban uses including active commercial uses with outdoor activities which generate a certain amount of activity. The proposed project will involve demolition and construction activities. Noise generated during the construction of the project will result in a certain amount of short term construction noise during the proposed construction period, which will require compliance with the City's Noise Ordinance. The noise level of construction equipment is anticipated to be in the range of 70 to 90 dB from 50 feet away depending on the type of equipment being used. As noted earlier, residential uses currently exist to the north of the project site. The Tustin Noise Element of the Tustin General Plan has established a maximum exterior residential noise level of 65 dB. However, because construction noise is unavoidable and temporary in nature, construction activities are exempt from the City's Noise Ordinance during work hours. The Noise Ordinance would restrict the operation of construction equipment to the routine work hours of 7:00 a.m. to 6:00 p.m. Monday through Friday. Nighttime or weekend construction will not be permitted except in the case of an emergency. When completed, the Tustin Library Expansion project will be a destination to which vehicles will be traveling. Mobile-source "ground borne" noise is preempted from local regulation. For mobile sources, an impact would be considered significant if project related traffic were to increase existing local noise by 3 dB and the resultant noise exceeded the City's noise standards, or 5 dB if the resultant noise remained below City standards. The proposed site is oriented towards Main Street, an existing primary arterial. As noted earlier, the existing Tustin library is an undersized facility currently serving a large number of patrons. The proposal to increase the size of the facility is intended to more adequately serve the existing and future patron population, it is not anticipated to create a significant increase in trips nor traffic as discussed in more detail in Section XV of this Evaluation. A Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 18 XII. significant benefit of the project is the proposed building orientation which will provide additional screening for residential uses to the north of the subject property from traffic and noise volumes along Main Street. The subject site is located within a John Wayne Airport approach/departure flight corridor. Over flights of the area are currently monitored by the County of Orange with regular noise level reports being provided to the City of Tustin. At present, over flight noise does not exceed the levels permitted nor is aircraft noise expected to rise since new, quieter aircraft continue to be developed and utilized at John Wayne Airport. Consequently, established local regulations and procedures would provide adequate protection and reduce the project's potential noise to a less than significant impact. Traffic and traffic related noise associated with the adjacent roadway (Main Street) and also potential aircraft over flights, will be taken into consideration during the city's review of the project for compliance with any applicable provisions of the Uniform Building Code and Tustin General Plan. Mitigation/Monitoring Required: Compliance with existing rules and regulations is not mitigation under CEQA. Consequently, no mitigation is required. However, pursuant to the City's standard procedures and policies, including the City's Building Code standards for insulation and interior noise levels. Sources: Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan POPULATION & HOUSING a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 19 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? Item a "No Impact" - The Tustin Branch Library Expansion project proposes the construction of an expanded library facility and required parking to support the existing and future library needs of the Tustin service area. As such, the library project will not have an environmental impact by directly or indirectly inducing population growth. Items b and c "Less than Significant Impact" - The Tustin Branch Library Expansion project is an infill project located within the Town Center Redevelopment Project Area. The current site is currently developed with three commercial properties, four tri-plexes (containing 12 rental occupied dwelling units), and a commercial Board and Care facility. Each of the properties are in various conditions and state of repair. Field inspection reveals that the triplexes are over 40 years old and experiencing significant deferred maintenance and need substantial rehabilitation and site upgrades in order to extend their useful life. While the proposed project would require the removal of housing units on the subject site, such removal would not be considered a significant impact. According to the 2000 United States Census the Tustin Library service area had a population of 92,344 (68,300 persons within the Tustin City limits, 24,044 persons within Tustin's unincorporated Sphere of Influence). The 2000 Census also reports that there are 33,918 housing units existing at that time within the Tustin Library service area (25,501 units within Tustin, 8,417 units within the "built-out" unincorporated area). In addition, the Tustin General Plan anticipates that by the year 2020 there will be 37,896 housing units within the Tustin Library service area. The proposed removal of 12 existing dwelling units would represent less than 4/10,000 of the total number of existing housing units within the Tustin Library service area. The proposed acquisition and removal of dwelling units on the subject site would potentially displace residents of the triplex units and could also result in impacts on clients of the Board and Care facility. Although the actual number of persons that would be impacted by the acquisition of commercial board and care facility and the triplexes is unknown at this time (upon subsequent relocation surveying and preparation of a relocation plan the actual number of persons impacted will be determined), current rental information in this portion of the City would indicate that triplex units are rented at rental rates that are affordable to those households of low and moderate income. The Tustin General Plan indicates that it can be assumed that on average, approximately 3 persons typically occupy each th-pled unit. When applied to the acquisition of the triplex units, a total of 36 persons could be displaced with the demolition of the 12 existing triplex units. The loss of housing stock within the Tustin Branch Library service area is expected to be minimal when compared to the total number of housing units in the area. Likewise, the proposed project's displacement of 36 individuals (assumed from the triplex units) and any Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 20 XIII. additional business displacement caused by the acquisition of the Board and Care facility and is not considered "substantial" in light of the number of existing units within the Tustin Library service area. However, since the proposed project is within a redevelopment project area, the issues related to replacement housing and affordability must be addressed consistent with state law.. Article 9 of the California Community Redevelopment Law and in particular Section 22410 et seq. requires a redevelopment agency that is involved in acquisition to rehabilitate, rehabilitate, develop or construct or cause to be rehabilitated, developed or constructed, low and moderate income dwelling units which are lost as a result of a redevelopment project or when persons are displaced as a result of a redevelopment project. The City and Tustin Community Redevelopment Agency would be required to prepare relocation and/or displacement plans, where necessary, and would be required to replace units displaced or destroyed and provide relocation services and benefits to displaced households. Mitigation/Monitoring Required: Compliance with existing rules and regulations is not mitigation under CEQA. Consequently, no mitigation is required. Sources: Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan California Community Redevelopment Law Tustin Comprehensive Affordable Housing Strategy PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 21 Item a- "No Impact"- Fire protection. The City of Tustin contracts with the Orange County Fire Authority (OCFA) for fire protection services. The Fire Authority maintains three stations in the City. The proposed Tustin Branch Library Expansion project would result in the removal of existing buildings and construction of an expanded Tustin Library facility. The proposed project would not increase current demands upon the OCFA since it is located on an in-fill site within a developed urban setting currently served by an existing OCFA fire station. Demolition and construction activities would be required to meet existing OCFA regulations regarding construction materials and methods, emergency access, water mains, fire flow, fire hydrants, sprinkler systems, building setbacks, and other relevant regulations. Police protection. The City of Tustin operates its own Police Department. The need for police protection services is assessed on the basis of resident population estimates, square footage of industrial uses, and square footage of retail uses. As stated above, the proposed project would not increase population nor will it stimulate construction of additional industrial or retail uses. The library expansion project will not increase current demands upon the Tustin Police Department since the proposal involves the demolition of existing commercial and residential uses and an expansion of the existing library use. The proposed Library building program has accommodated the installation of security features that will also minimize any potential threat of theft, and unlawful break-ins. Schools. The City of Tustin is largely served by the Tustin Unified School District (TUSD) and their facilities. Approximately 100 acres of over 13 square miles in the City are located within the Santa Ana Unified School District (SAUSD) in the vicinity of Barranca and Redhill at the southwest comer of the City on the former Marine Corps Air Station Tustin. Approximately 185 acres within the City are located within the Irvine Unified School District largely at the southeast comer of the City adjacent to Harvard Avenue. Neither the SAUSD nor TUSD have existing facilities currently located within City of Tustin boundaries. The subject site is located within the boundaries of the TUSD. As a public institutional use, the expansion of the Tustin Branch Library would not induce population growth resulting in an incremental increase in school population. The proposed Tustin Library Expansion project involves the demolition of existing housing units and expansion of an existing public library use. All residents (including children) directly impacted by the project would relocate in or out of the Tustin Library service area, resulting in no net increase/impact upon enrollment at the TUSD. However, the proposed provision in the programming for the Tustin Branch Library Expansion project will include a Joint Venture-Homework Center. The approximate 900 square foot facility within the proposed Library project will provide positive benefits to school age children. Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 22 XIV. Other Public Facilities (Libraries). Implementation of the proposed project would have a positive impact upon the community's ability to provide library services to the Tustin Library service area. While the Tustin community with receipt of State Bond Act financial grant revenues and other supplemental funding sources will be able to finance construction of the new facility, the OCPL will be responsible for and is committed to operating any new Tustin Branch Library that is developed and there will not be a negative financial impact on the City of these operations since the City is a participant in the County Library system and property tax revenues are collected within the City's boundaries and within the service area of the proposed Tustin Branch Library Expansion project to fund the need for continued and expanded operations. The proposed siting of the new facility will also permit construction phasing so that the existing library facility does not have to be demolished until completion of the new facility reducing any temporary impact of the project on the continuity of library services to the Tustin service area. A proposed Library Plan of Service has been prepared to accommodate the needs and services for the expanded library. The proposed project is immediately adjacent to the Tustin Civic Center and a Tustin Water Services facility and public parking which is currently under construction. Project site design will be closely coordinated between City departments and approved by the City through design review to ensure compatibility of the project with the design and operation of the Tustin Civic Center and Water facility. No negative impact to other public facilities will occur from the implementation of the proposed project. Mitigation/Monitorin~ Required: No mitigation is required. Sources: Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan Tustin Unified School District Tustin Water Division RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Items a and b -"No Impact"-. The proposed Library Branch Expansion project will not result in the construction of new housing or direct/indirect population increases nor will it impact the quality or quantity of existing recreational opportunities. The proposed project will actually provide leisure-time pursuits to Tustin area residents. The proposed project Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 23 XV. will also include a community room that can be used for special recreational use programming when not in specific use during normal library hours. MigRation/Monitoring Required: No mitigation is required. Sources: Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan Tustin Parks and Recreational Services Department TRANSPORTATION & CIRCULATION 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? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Items a, b, c, d, e, f, g- "No Impact"- The proposed Tustin Branch Library Expansion project will replace existing commercial and residential uses with an expanded Public Library and parking area. Given the current size of the Tustin Branch Library, the proposed project would represent a net increase of approximately 16,800 sq.fi. As noted above, the site will continue to be a destination for persons previously visiting to the existing Tustin Branch Library. The proposed project is also intended to support future library needs of the Tustin library service area. Project design would orient vehicular and pedestrian site access largely from existing Main Street with access through the Civic Center site onto Centennial Way as a secondary in- gress and egress location. Primary access to the development including book drops and Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 24 drop-offs will be from Main Street with service access for trash and utilities to the rear of the proposed facility from the terminus of Third Street at the site's northeast comer (this service area will be a common area that will be shared in use with the Tustin Civic Center). The Circulation Element of the Tustin General Plan identifies Main Street as a primary arterial capable of carrying 33,800 average daily trips (ADT) at Tustin's acceptable Level of Service ("LOS") of D. The primary arterial classification assumes a four-lane roadway with a typical fight-of-way width of 100 feet and curb-to-curb width of 84 feet, unless this right- of-way is not able to be accommodated and then a lesser right-of-way can be used to accommodate a four lane facility (no less than 80 feet). Currently, Main Street adjacent to the project site has a fight-of-way width of 90 feet and is operating at a traffic volume of 9,700 ADT and a LOS of A, providing significant additional potential capacity in the future. The Circulation Element identifies Centennial Way as a local street capable of carrying 10,000 ADT. Currently, Centennial Way is operating at a traffic volume of 4,300 ADT, and LOS of A. The noted LOS was derived from the most recent Citywide Annual Average Daily Traffic (ADT) counts, performed in December 2001. Intersections in the vicinity of the project include the intersection of Main Street and Prospect west of the subject site and the intersection of Main Street and Newport Avenue to the east. These intersections are operating at a LOS of A and B, respectively. Third Street is currently not shown on the Tustin General Plan but by its function would be considered a local street. The portion of the subject site proposed for a street vacation (Preble St. between Third St. and Main Street) is also not shown on the Tustin General Plan. Due to the reduction in the 12 dwelling units and commercial uses on the subject site and the net addition of only 16,800 sq. feet of new floor area for the Tustin Branch Library Expansion project, the project would be expected to generate approximately 470 additional vehicle trips per day above the existing condition. Given this information, the City of Tustin Engineering Division has determined that the Prospect/Main Street and Newpoa/Main Street intersections will continue to operate at acceptable levels of service with the additional minimal project trips. Consequently, implementation of the proposed project would not cause a substantial increase in traffic in relation to Main Street or Centennial Way's existing traffic load or exceed the established level of service for these roads. However, policy 1.6 in the Circulation Element of the General Plan states that the City should continue to require dedication of right-of-way and construction of street improvements on streets adjacent to construction projects at the expense of the development. The proposed site plan will accommodate any necessary reservation of right-of-way area needed to accommodate any ultimate public improvements along Main Street as shown in the current General Plan. If implemented, project related construction activities would result in construction workers and equipment traveling to the site, with possible construction activities occurring within the roadway. However, based upon current library usage occurring at the site (up to 1,000 visitors in a day), these temporary activities would cause far less trips to the site than currently occur. In addition, compliance with local regulations and standards, along with established engineering procedures would ensure that any temporary roadway work or closures would involve adequate signing and traffic control (if needed) for any alternate Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 25 XVI. traffic muting. Consequently, construction related traffic would not negatively impact existing traffic load on either Main Street or Centennial Way. The proposed Library Expansion project is proposed to be a one story in height and would not impact existing air traffic patterns. In addition, the project proposes no changes in the existing roadway designs for either Main Street, Centennial Way. The abandonment of the southerly portion of Preble Drive (a collector street) will not substantially increase hazards due to a design feature or result in inadequate emergency access since alternative traffic routes will continue to exist for persons needing to travel in the area of the site either during or following construction of the project. The proposed Tustin Library Expansion project will provide all parking required by the Tustin City Code for the proposed use of the site thus eliminating a potential for inadequate parking capacity. In addition, the City's Traffic Engineer has concluded that ample on- street parking is available in the vicinity of the site to accommodate temporary construction worker parking needs. Adjacent to the project site is a proposed Water Division facility that includes approximately 56 additional public parking spaces and there is a significant amount of parking also available in the Tustin Civic Center Complex immediately to the west of the site that will be available in the event that over-flow parking is needed for special programming or events. Also, City of Tustin residents have access to several forms of alternative transportation in the areas surrounding but not adjacent to the project site. Bus service and bicycle paths currently serve the nearby Newport Avenue with bus service also along Centennial Way immediately adjacent to the proposed project site. Consequently, the proposed project will have no impact to these existing services. Mitigation/Monitoring Required: Compliance with existing rules and regulations is not mitigation under CEQA. Consequently, no mitigation is required. Sources: Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 26 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? 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) g) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Comply with federal, state, and local statutes and regulations related to solid waste? Items a, b, c, d, e, f, g- "No Impact"- The proposed Tustin Branch Library Expansion project is proposed at an urban site where all utility systems are currently in place and adequate to support the project. Vacation of a portion of Pebble St. (between Third and Main Street) will involve some abandonment and relocation of existing services. However, the removal of existing structures and proposed expansion project would not result in any significant change in the current need for electricity, sewer, storm drain, water, telephone and cable TV services given that the site is currently developed with residential uses and three commercial properties. However, modification of service connections including installation of transformers where needed to serve the new building would be required as is customary with new construction. No increase in utility and service system demand is expected. Consequently, utilities required to serve the project are existing and in the vicinity are adequate to serve the proposed project. In addition, project and construction related materials disposal would continue to be handled consistent with current City ordinance and Franchise Agreements related to solid waste disposal.. Mitigation/Monitoring Required: No mitigation is required. So u rces ; Preliminary Site Layout Field Verification Tustin City Code Tustin General Plan Exhibit 2 Evaluation of Environmental Impacts Library Expansion Project Page 27 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 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 projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based upon the foregoing, the Tustin Branch Library Expansion project involves the removal of existing uses on the site and new construction. Based upon the responses to the categories above in this Evaluation, the review of City files, records and documents and the nature of the project, the project does not have the potential to degrade the quality of the environment, substantially reduce the habitats or wildlife populations to decrease or threaten, eliminate, or reduce animal ranges, etc. As designed and subject to compliance with existing rules and regulations, the project would not achieve short-term goals to the disadvantage of long-term environmental goals and the project will not cause unmitigated environmental effects that would cause substantial effects on human beings, either directly or indirectly. In reference to the project background discussion provided herein, the project will not contribute to the demand individually and will have limited impacts cumulatively. Mitigation/Monitoring Required: All of the proposed Tustin Library Expansion project's environmental effects have been examined and discussed above. No additional or new mitigation measures would be required to address cumulative impacts, etc. Sources: The determination that the proposed project will not result in any significant adverse impacts on the environment was based upon the findings described above in items I through XVI. DO\Envir\library exhibit 1 3-20-02.doc Exhibit 3 zv~~ ~v- .) i z C) Exhibit 4 LIBRARY DIVISION DIVISION Sq. Ft. Percent of Total BROWSING CHILDREN' S LIBRARY CIRCULATION SERXrICES COMMUNITY ROOM FICTION COLLECTION GENERM.~ BUILDING SERVICES INFORMATION'SERVICES LIBRARY ENTRANCE 'LITERACY CENTER NON-FICTION COLLECTION QUIET ROOM READING PATIO YOUNG ADULT SERV'ICES 1,628 6,240 1,688 1,478 1,484 1,271 4,559 783 400 2,972 488 N/A 85O 7% 26% 7% 6% 6% 5% 19% 3% 2% 12% 2% 0% 4% Net Assignable Square Footage: 23,841 100% Non-Assignable Square Footage (@ 25%of Gross): 7,947 Gross Square Footage: 31,788 W, A LJbds DESIGN Building Program Report Printed on: 02/t2/2002 Tustin Branch Library Orange County Public Library Page "t "1-1 Exhibit 5 ....... ~ Property .Ownership Tustin Library Branch. Expansion Project I TH/RD STREET STREET Assessor Parcel No. a) 401-592-12 b) 401-593-04 c) 401-582-05 d) 401-593-01,02 e) 401-593-03 f) 401-592-11 g) 401-592-10 h) 401-592-13,14,15 i) Not Applicable Propertw Address 335-339 S. Preble Drive 285 E. Main St. 240 E. Third St. 330-334 Preble 325-329 S. Preble Dr. 300-304 E. Third St. 305 E. Main St. Portion of S. Preble Dr. Property Owner Blanchard, William & Susan De Nicola, Carolyn Emery, Walter & Marilyn Potiker, Kenneth & Lisa Shinagawa, Ryo Tustin Masonic Temple City of Tustin Exhibit 6 Winston H. Hickox Agency Secretary California Environmental Protection Agency April 19, 2002 Department of Toxic Substances Control Edwin F. Lowry, Director 5796 Corporate Avenue Cypress, California 90630 RECEIVED APR 2 5 2002 Gray Davis Governor Mr. John Buchanan Senior Project Manager Community Development Agency City of Tustin 300 Centennial Way Tustin, California 92780 NEGATIVE DECLARATION FOR THE TUSTIN LIBRARY EXPANSION PROJECT (SCH #2002041004) Dear Mr. Buchanan: The Department of Toxic Substances Control (DTSC) has received your Negative Declaration (ND) for the above-mentioned Project. Based on the review of the document, DTSC's comments are as follows: 1) The ND needs to identify and determine whether current or historic uses at the Project site have resulted in any release of hazardous wastes/substances at the Project area. 2) The ND needs to identify any known or potentially contaminated site within the proposed Project area. For all identified sites, the ND needs to evaluate whether conditions at the site pose a threat to human health or the environment. 3) The draft ND should identify the mechanism to initiate any required investigation and/or remediation for any site that may require remediation, and the government agency to provide appropriate regulatory oversight. 4) If the property had vegetation or agricultural use, onsite soils could contain pesticide residues. The site may have contributed to soil, and groundwater contamination. Proper investigation and remedial actions should be conducted at the site prior to its new development. 5) If any of the adjacent properties are contaminated with hazardous chemicals, and if the proposed project is within 2,000 feet from a contaminated site, then the The energy challenge facing California is real Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at www. dtsc. ca.gov. Printed on Recycled Paper Mr. John Buchanan April 19, 2002 Page 2 proposed development may fall under the "Border Zone of a Contaminated Property." Appropriate precautions should be taken prior to construction if the proposed project is on a "Border Zone Property." 6) The project construction may require soil excavation and soil filling in certain areas. Appropriate sampling is required prior to disposal of the excavated soil. If the soil is contaminated, properly dispose of it rather than placing it in another location. Land Disposal Restrictions (LDRs) may be applicable to these soils. Also, if the project is planning to import soil to backfill the areas excavated, proper sampling should be conducted to make sure that the imported soil is free of contamination. 7) If the project requires demolition, renovation and addition of building structures, investigate the presence of lead paints and asbestos containing materials (ACMs) in the currently existing buildings at the site. If the presence of lead or ACMs are suspected, proper precautions should be taken during demolition activities. Additionally, the contaminants should be remediated in compliance with the California environmental regulations. 8) If during construction the project, soil and/or groundwater contamination are suspected, construction in the area should cease and appropriate Health and Safety procedures should be implemented. If it is determined that contaminated soil and/or groundwater exist, the ND should identify how any required investigation and/or remediation will be conducted, and the government agency to provide appropriate regulatory oversight. DTSC provides guidance for the Preliminary Endangerment Assessment (PEA) preparation and cleanup oversight through the Voluntary Cleanup Program (VCP). For additional information on the VCP, please visit DTSC's web site at www.dtsc.ca.gov. If you have any questions regarding this letter, please contact Mr. Johnson P. Abraham, Project Manager at (714)484-5476. Sinc.erely, f~ ~ j~ Haissam Y. Salloum, P.E. Unit Chief Southern California Cleanup Operations Branch Cypress Office Mr. John Buchanan April 19, 2002 Page 3 CC: Governor's Office of Planning and Research State Clearinghouse P.O. Box 3044 Sacramento, California 95812-3044 Mr. Guenther W. Moskat, Chief Planning and Environmental Analysis Section CEQA Tracking Center Department of Toxic Substances Control P.O. Box 806 Sacramento, California 95812-0806