HomeMy WebLinkAbout03-ATTACHMENT AAttachment A
RESOLUTION NO. 11-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN ADOPTING THE NEGATIVE DECLARATION FOR
CODE AMENDMENT 11-002 (ORDINANCE No. 1397)
CLARIFYING THE MEANING OF LEGAL
NONCONFORMING USES AND STRUCTURES IN THE
CITY OF TUSTIN.
The City Council of the City of Tustin does hereby resolve as follows:
A. That Code Amendment 11-002 (Ordinance No. 1397) is aCity-initiated
project to clarify the meaning of legal nonconforming uses and structures
including but not limited to:
- clarifying language wherever the term "nonconforming" is used in the
Tustin City Code, including a new definition and clarifying that illegal
structures or uses are a public nuisance that should be corrected in
(Article 1 -Administration and Article 9 -Land Use);
- clarifying that only lawfully established sexually oriented businesses are
considered legal nonconforming (Article 3 -Business Regulations);
- clarifying that only lawfully established newsracks are considered legal
(Article 7 -Public Facilities); and,
- clarifying that only lawfully established structures, uses, lots, wireless
facilities, and signs are considered legal nonconforming (Article 9 -Land
Use). .
B. That Code Amendment 11-002 (Ordinance No. 1397) is considered a
"project" by the California Environmental Quality Act ("CEQA") (Pub.
Resources Code §21000 et. seq.);
C. That an Initial Study has been prepared to evaluate the potential
environmental impacts associated with the project that concluded that the
project could not have a significant effect on the environment, and a
Negative Declaration (ND) was prepared;
D. That a Notice of Intent to Adopt a Negative Declaration was published and
the Negative Declaration and Initial Study were made available fora 20-day
public review and comment period from September 7, 2011, to September
27, 2011, in compliance with Sections 15072 and 15105 of the State CEQA
Guidelines;
E. That a public hearing was duly called, noticed, and held for Code
Amendment 11-002 (Ordinance No. 1397) on September 27, 2011 and
October 11, 2011, by the Tustin Planning Commission. At said meeting the
Planning Commission adopted Resolution No. 4183, recommending that the
Resolution No. 11-77
Page 2
City Council adopt the Negative Declaration for Code Amendment 11-002
(Ordinance No. 1397);
F. That a public hearing was duly call, noticed, and held for Code Amendment
11-002 (Ordinance no. 1397) on November 1, 2011 by the Tustin City
Council. Prior to consideration of Code Amendment 11-002, the Tustin City
Council considered the proposed Negative Declaration, Initial Study and
comments received. Based upon the whole record before it, there is no
substantial evidence that the project will have a significant effect on the
environment.
II. The Tustin City Council hereby adopts the Negative Declaration and Initial Study
attached hereto as Exhibit A for Code Amendment 11-002 (Ordinance No. 1397),
clarifying the meaning of legal nonconforming uses and structures in the City of
Tustin.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting
on the 1st day of November, 2011.
JERRY AMANTE
MAYOR
PAMELA STOKER
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 11-77 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1st day of
November, 2011 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
Exhibit A
Appendix G (Environmental Checklist Form)
TUSTIN
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3100
BUILDING OUR fU1LIRL
HONORING OUR PAST
A. BACKGROUND
Project Title:
Lead Agency:
Lead Agency Contact Person:
Phone:
Project Location:
Project Sponsor's Name and Address:
General Plan Land Use Designation:
Zoning Designation:
Project Description:
Surrounding Land Uses and Setting:
Code Amendment 11-002 (Draft Ordinance No. 1397)
Nonconforming structures and uses
City of Tustin
300 Centennial Way
Tustin, California 92780
Dana Ogdon, Assistant Director of Community Development
(714) 573-3109
Citywide
City of Tustin
300 Centennial Way, Tustin, CA 92780
Citywide
Citywide
Citywide
Citywide
Other public agencies whose approval is required:
^ Orange County Fire Authority ^
^ Orange County EMA District ^
^ South Coast Air Quality Management ^
^ Orange County Health Care Agency
Attachments:
City of Santa Ana
City of Irvine
Other
EXHIBIT 1: Tustin Planning Area
INITIAL STUDY
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
City of Tustin
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
^ Aesthetics
^ Biological Resources
^ Greenhouse Gas Emissions
^ Land Use /Planning
^ Population /Housing
^ Transportation/Traffic
DETERMINATION:
On the basis of this initial evaluation:
^ Agriculture and Forestry
Resources
^ Cultural Resources
^ Hazards & Hazardous
Materials
^ Mineral Resources
^ Public Services
^ Utilities /Service Systems
^ Air Quality
^ Geology /Soils
^ Hydrology /Water Quality
^ Noise
^ Recreation
^ Mandatory Findings of
Significance
® I find that the proposed .project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
^ I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because revisions in the project have been made by or agreed to
by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
^ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
^ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed
in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
^ I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
Signature:. ~~'~~ ,__~ _ Date: Ff t'co
Printed Name: Eliz Beth A. Binsack Title: Community~velopment Director
Signature: Date: f
Preparers Amy Thomas, AICP Title: Senior Planner
2~Page
Appendix G (Environmental Checklist Form)
C. EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Impact" answers that are adequately
supported by the information sources a lead agency cites in the parentheses following each question. A
"No Impact" answer is adequately supported if the referenced information sources show that the impact
simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture
zone). A "No Impact" answer should be explained where it is based on project-specific factors as well
as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a
project-specific screening analysis).
2) All answers must take account of the whole action involved, including off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational
impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist
answers must indicate whether the impact is potentially significant, less than significant with mitigation,
or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence
that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when
the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a
"Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly
explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier
Analyses," as described in (5) below, may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).
In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review.
b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal
standards, and state whether such effects were addressed by mitigation measures based on the
earlier analysis.
c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined from the
earlier document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or
outside document should, where appropriate, include a reference to the page or pages where the
statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or
individuals contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead
agencies should normally address the questions from this checklist that are relevant to a project's
environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and
b. the mitigation measure identified, if any, to reduce the impact to less than significance
INITIAL STUDY City of Tustin
D. INITIAL STUDY
Issues:
AESTHETICS.
Would the project:
a) Have a substantial adverse
effect on a scenic vista?
b) Substantially damage
scenic resources, including,
but not limited to, trees,
rocks outcroppings, and
historic buildings within a
state scenic highway?
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant No
Impact Incorporated Impact Impact
^ ^ ^
^ ^ ^
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?
^ ^ ^
^ ^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
a) No Impact. The City of Tustin General Plan encourages protection of scenic views and resources
through site planning and architectural design; and through implementation of the Grading Manual. The
ordinance is intended to amend the Zoning Code to revise the definition of "nonconforming" to clarify,
provide consistency, and reduce ambiguity throughout the code. The ordinance is not anticipated to
affect any scenic resources in that there are no physical changes proposed. Therefore, this project will
not have a substantial adverse effect on a scenic vista.
b) No Impact. The General Plan Circulation Element does not identify any State scenic highways within
the City. There are no impacts related to the Ordinance in that the amendment is proposed to revise
the nonconforming definition to clarify, provide consistency, and reduce ambiguity throughout the code.
The intent of the code amendment is to implement and codify the City's current practice of ensuring that
historic structures are maintained and illegal and/or unpermitted additions, alterations, or enlargements
are lawfully established in accordance with the City's Cultural Resources District Regulations and the
appropriate procedures and findings for a Certificate of Appropriateness are obtained. Said Certificate
of Appropriateness must include specific findings for construction or alteration to ensure that alterations
4~Page
INITIAL STUDY City of Tustin
or adaptive reuse of the structures will not detrimentally alter, destroy or adversely affect the resource
and, in the case of a structure is compatible with the architectural style of the existing structure.
In addition to allowing expansion/alteration of an identified historic structure, the City also supports
adaptive reuse of historic structures. Adaptive reuse preserves the important physical attributes of the
historic resource for future generations to appreciate by adapting old structures for purposes other than
what the building was originally designed. This concept of adaptive reuse presumes that the owner of
the property has legally obtained the proper permits and that the building was adapted (upgraded to
meet applicable Building Codes) so that it may lawfully be used differently than the building was
originally designed. Illegal additions (even old ones) may detract from the social, cultural or historical
significance of an important historic resource. Most importantly, old structures or uses must be lawfully
established to ensure that they do not pose a hazard to occupants or the community.
The City of Tustin has been recognized by the State of California as a Certified Local Government
(CLG). The Certified Local Government Program is a preservation partnership between local, state and
national governments focused on promoting historic preservation at the grass roots level. Certification
provides the City acdess to the expert technical advice of the State Office of Historic Preservation as
well as the National Park Service's Advisory Council on Historic Preservation. Partnerships with the
National Alliance of Preservation Commissions, Preserve America, the National Trust for Historic
Preservation, and the National Main Street Center are also networks that CLGs have an opportunity to
tap into. City staff routinely and responsibly reviews the City's Cultural Resources Survey when
researching the legality of a questionable structure, use or lot. When needed, staff has also employed
the expertise of 30~' Street Architects, an historic preservation architecture and planning firm
recognized statewide as experts in documenting, preserving and restoring historic resources. Staff also
researches and considers a wide variety of other historical information (historic phone books, historic
aerial photographs, evidence provided by persons associated with the historic past of the site, etc.)
when examining the facts associated with a questionable structure, use or lot.
Ultimately, the Code Amendment will provide consistency in the code and allow implementation to
ensure that the integrity of historic structures are preserved for the intended use and/or are legally
established and maintained or are adaptively reused. With the clarification of the term nonconforming to
include the terms "lawfully established" and "legal", no impacts are anticipated from the implementation
of the proposed project.
c) No Impact. The code amendment does not exempt individual projects from review. Impacts related to
any future project may be identified and evaluated in conjunction with the applicable discretionary
process and may be subject to separate CEQA review. Therefore, no impacts are forecast from the
implementation of the proposed project.
d) No Impact. The code amendment will not create a source of light and glare. Individual projects may
be subject to providing a photometric plan and additional review may be required on a case-by-case
basis for lighting of parking lots and loading areas. However, there is no impact associated with this
project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
S~Page
INITIAL STUDY
Issues:
II. AGRICULTURE AND FOREST 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. In
determining whether impacts to forest resources,
including timberland, are significant environmental
effects, lead agencies may refer to information
compiled by the California Department of Forestry
and Fire Protection regarding the state's inventory
of forest land, including the Forest and Range
Assessment Project and the Forest Legacy
Assessment project; and forest carbon
measurement methodology provided in Forest
Protocols adopted by the California Air Resources
Board.
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of
Statewide Importance (Farmland),
as shown on the maps prepared
pursuant to the Farmland Mapping
and Monitoring Program of the
California Resources Agency, to
non-agricultural use?
b) Conflict with existing zoning for
agricultural use, or a Williamson
Act contract?
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(8)),
timberland (as defined by Public
Resources Code section 4526), or
timberland zoned Timberland Production
(as defined by Government Code section
51104(8))?
^ ^
^ ^
City of Tustin
Less Than
Significant
Impact
No
Impact
6~Page
INITIAL STUDY
d) Result in the loss of forest land or ~
conversion of forest land to non-forest
use?
e) Involve other changes in the existing ~
environment which, due to their location or
nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest
use?
^ ^
^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term °nonconforming"
throughout the Tustin City Code.
a) No Impact. The code amendment will not result in the conversion of farmland to anon-agricultural
use. The code amendment will provide clarity, provide consistency with prior practice, and reduce
ambiguity of the term "nonconforming" throughout the Tustin City Code. Future individual projects will
be subject to discretionary review and potential conditions of approval. Furthermore, since there are no
improvements proposed in conjunction with this project, it will not result in any impacts to Prime
Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland).
b) No Impact. The code amendment will not result in conversion of farmland to anon-agricultural use.
There are no areas subject to a Williamson Act contract, and conservation of farmland in the Tustin
Planning Area. Impacts related to any future project would be identified and evaluated in conjunction
with each specific project. Therefore, no impacts are forecast to occur as a result of implementation of
the code amendment.
c) No Impact. The code amendment will not conflict with existing zoning for, or cause rezoning of, forest
land, timberland, or timberland zoned Timberland Production in that the City of Tustin does not have
any forestland, timberland, or timberland zoned areas within the City boundaries.
d) No Impact. The code amendment will not conflict with existing zoning for, or cause rezoning of, forest
land, timberland, or timberland zoned Timberland Production in that the City of Tustin does not have
any forestland, timberland, or timberland zoned areas within the City boundaries.
e) No Impact. As described in Response Il.b above, the proposed project will not directly impact or result
in the conversion of existing farmland uses to non-agricultural uses. Therefore, no impacts are forecast
to occur as a result of implementation of the code amendment.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1.
2.
3.
4.
5.
6.
City of Tustin General Plan (January 16, 2001)
City of Tustin Zoning Code
Cal EPA/ARB Greenhouse Gas Inventory Data - 2000 to 2006
http://www. a rb. ca.gov/cc/inventory/data/data. htm
State of California Department of Conservation Farmland Mapi
Public Resources Code section 122
Government Code section 51104(g)
& Monitoring
City of Tustin
7~Page
INITIAL STUDY
Issues:
III. AIR QUALITY. Where available, the
significance criteria established by the
applicable air quality management or air
pollution control district may be relied upon
to make the following determinations.
Would the project:
a) Conflict with or obstruct
implementation of the applicable air
quality plan?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
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?
^ ^ ^
^ ^ ^
^ ^ ^
^ ~^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
a) No Impacts. The proposed project would not conflict with or obstruct implementation of the applicable
air quality plan, as prepared by the South Coast Air Quality Management District (SCAQMD) in the Air
Quality Management Plan (AQMP) for the South Coast Air Basin. No physical improvements are
proposed in conjunction with the code amendment. Impacts related to any future project would be
8~Page
INITIAL STUDY City of Tustin
identified and evaluated in conjunction with the discretionary review process and/or applicable specific
plan or other review document and may be subject to separate CEQA review. Therefore, no impacts
are forecast to occur as a result of implementation of the code amendment.
b-e) No Impacts. Grading and development activities are not associated with the proposed code
amendment. Impacts related to any future project would be identified and evaluated in conjunction with
the discretionary review process and/or applicable specific plan or other review document and may be
subject to separate CEQA review. Furthermore, projects are subject to the City's standard conditions of
approval to minimize local nuisance from grading and construction activities. This condition is in
conformance with the SCAQMD requirements and therefore, no impacts are anticipated to occur.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
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 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?
9~Page
INITIAL STUDY
Issues:
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
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?
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?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
a-b) No Impact. The California Fish and Game Code was adopted by the State legislature to protect the
fish and wildlife resources of the State. Special permits are required for any lake or stream alterations,
dredging or other activities that may affect fish and game habitat. No physical improvements are
currently proposed in conjunction with the amendment to the zoning code. Impacts related to any
future project would be identified and evaluated in conjunction with the California Fish and Game Code
and may be subject to separate CEQA review. Therefore, no impacts will result with implementation of
the code amendment.
c) No Impact. In accordance with the City's existing permit (ORDER NO. R8-2009-0030 NPDES No.
CAS618030) with the Santa Ana Regional Quality Control Board, any future applicant may be required
to prepare a Storm Water Pollution Prevention Plan (SWPPP) to ensure grading and reclamation
activities do not allow runoff from the site to cant' sediment during a storm event to impair the water
quality. The code amendment will clarify, provide consistency with prior practice, and reduce ambiguity
10~Page
INITIAL STUDY
City of Tustin
of the term "nonconforming" in the TCC. Any future project that is considered a priority project will be
required to prepare a Water Quality Management Plan (WQMP) as part of the discretionary review
process to ensure runoff from the site, due to ongoing operations, does not impair water quality
downstream. Therefore, no impact is anticipated as part of the code amendment that could cause a
substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean
Water Act.
d) No Impact. As discussed in response IV.a, b, the code amendment does not propose any physical
changes. The code amendment incorporates uses previously determined by the Community
Development Director and/or Planning Commission to be similar in use. Impacts related to any future
project could be identified and evaluated as part of the discretionary review process in conjunction with
the California Fish and Game Code and may be subject to separate CEQA review and conditions of
approval limiting grading activities. Therefore, no impacts are anticipated from the implementation of
the code amendment.
e) No Impact. The City's General Plan Conservation/Open Space/Recreation Element mandates
continued maintenance of significant tree stands. New developments may require a biological
assessment as required in the review process. The code amendment will clarify, provide consistency
with prior practice, and reduce ambiguity of the term "nonconforming" in the TCC. Future development
applications may be subject to further discretionary review for consistency with any local policies or
ordinances protecting biological resources. Therefore, there is no impact
f) No Impact. The City of Tustin is a participating member of the Natural Community Conservation Plan
(NCCP) and is within the Coastal Sub/Central Orange County NCCP region. No physical improvements
are currently proposed in conjunction with the amendment to the zoning code. Impacts related to any
future project would be identified and evaluated in conjunction with the applicable NCCP/HCP plan or
any other conservation plan and may be subject to separate CEQA review. Therefore, the code
amendment has no impact.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. Department of Fish and Game, Natural Community Conservation Plan
htt~://www.dfg.ca;~ov/habcon/ncc /status/OrangeCoastal/
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
V. CULTURAL RESOURCES.
Would the project:
a) Cause a substantial adverse ~ ~ ~
change in the significance of a
historical resource as defined in §
15064.5?
11 ~ Pale
INITIAL STUDY City of Tustin
b) Cause a substantial adverse ~ ~ ~
change in the significance of an
archaeological resource pursuant
to § 15064.5?
c) Directly or indirectly destroy a ~ ~ ~
unique paleontological resource or
site or unique geologic feature?
d) Disturb any human remains, ~ ~ ~
including those interred outside of
formal cemeteries?
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming°
throughout the Tustin City Code. The intent of the code amendment is to implement and codify the City's
current practice of ensuring that historic structures are maintained and illegal and/or unpermitted additions,
alterations, or enlargements are lawfully established in accordance with the City's Cultural Resources District
Regulations and the appropriate procedures and findings for a Certificate of Appropriateness are obtained.
Said Certificate of Appropriateness must include specific findings for construction or alteration to ensure that
alterations will not detrimentally alter, destroy or adversely affect the resource and, in the case of a structure is
compatible with the architectural style of the existing structure. As set forth in the City of Tustin General Plan
Housing Element, (pg. 33) Historic Resources -Older neighborhoods in Tustin contain several historic
residences that should be preserved as part of the community's heritage. These historic homes were identified
through an inventory of historic buildings in 1990. Further, the General Plan, Housing Element (pg. 50) Building
Codes and Enforcement: The City of Tustin adopts the Uniform Construction Codes, as required by State law,
which establish minimum construction standards as applied to residential buildings. The City's building codes
are the minimum standards necessary to protect the public health, safety and welfare and ensure safe
housing. Only local modifications to the codes are made which respond to local climatic or geographic
conditions and clarify administrative procedures. Although not mandated to do so, the City has adopted the
State Historical Code that relaxes building code requirements citywide for historic structures/buildings.
Adoption of the codes reduces rehabilitation costs. Ultimately, the Code Amendment will provide consistency
with the General Plan and in the Tustin City Code and to ensure that the integrity of historic structures is legally
established and maintained.
a) No Impact. The City of Tustin General Plan sets out conservation goals to maintain and enhance the
City's unique culturally and historically significant building sites or features. Specifically, Policy 12.1
Identify, designate, and protect facilities of historical significance, and Policy 12.3 Development
adjacent to a place, structure or object found to be of historic significance should be designed so that
the uses permitted and the architectural design will protect the visual setting of the historical site. Since
the proposed zoning code amendment will not change or alter the physical environment and each
individual project will be subject to the City's Goals and Policies of the General Plan and Zoning Code
regulations. Further, with the implementation and codification of the City's current practice of ensuring
that historic structures are preserved for the intended use and/or are lawfully established and
maintained or are adaptively reused, it is not anticipated to create a substantial adverse change to
historical resources and no impacts are forecast from the implementation of the proposed project.
In addition to allowing expansion/alteration of an identified historic structure, the City also supports
adaptive reuse of historic structures. Adaptive reuse preserves the important physical attributes of the
12~Page
INITIAL STUDY City of Tustin
historic resource for future generations to appreciate by adapting old structures for purposes other than
what the building was originally designed. This concept of adaptive reuse presumes that the owner of
the property has legally obtained the proper permits and that the building was adapted (upgraded to
meet applicable Building Codes) so that it may lawfully be used differently than the building was
originally designed. Illegal additions (even old ones) may detract from the social, cultural or historical
significance of an important historic resource. Most importantly, old structures or uses must be lawfully
established to ensure that they do not pose a hazard to occupants or the community.
The City of Tustin has been recognized by the State of California as a Certified Local Government
(CLG). The Certified Local Government Program is a preservation partnership between local, state and
national governments focused on promoting historic preservation at the grass roots level. Certification
provides the City access to the expert technical advice of the State Office of Historic Preservation as
well as the National Park Service's Advisory Council on Historic Preservation. Partnerships with the
National Alliance of Preservation Commissions, Preserve America, the National Trust for Historic
Preservation, and the National Main Street Center are also networks that CLGs have an opportunity to
tap into. City staff routinely and responsibly reviews the City's Cultural Resources Survey when
researching the legality of a questionable structure, use or lot. When needed, staff has also employed
the expertise of 30~' Street Architects, an historic preservation architecture and planning firm
recognized statewide as experts in documenting, preserving and restoring historic resources. Staff also
researches and considers a wide variety of other historical information (historic phone books, historic
aerial photographs, evidence provided by persons associated with the historic past of the site, etc.)
when examining the facts associated with a questionable structure, use or lot.
b) No Impact. According to the City of Tustin General Plan Conservation/Open Space/Recreation
Element (Goal 13), and the Standard Conditions of Approval, individual projects will be subject to site
inspection by certified archaeologists or paleontologists for new development in designated sensitive
areas. These conditions will be required on a case-by-case basis for individual projects subject to
discretionary review; however this code amendment proposes no physical changes. Therefore, no
impacts related to archaeological resources would result from the proposed code amendment.
c) No Impact. Same as response Illb
d) No Impact. No physical improvements are currently proposed in conjunction with the code
amendment. As such, the project will not adversely affect, destroy or disturb human remains. Impacts
related to any future project would be identified and evaluated through the discretionary review process
in conjunction with a specific project and standard conditions of approval applied; however, no
foreseeable impacts related to cultural resources are anticipated.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. California Law http://www.leginfo.ca.gov/calaw.html
13~Page
INITIAL STUDY
Issues: Potentially
Significant
Impact
VI GEOLOGY AND SOILS.
Would the project:
a) Expose people or structures to
potential substantial adverse
effects, including the risk of loss,
injury or death involving:
i. Rupture of a known
earthquake fault, as
delineated on the most
recent Alquist-Priolo
Earthquake Fault Zoning
Map issued by the State
Geologist for the area or
based on other
substantial evidence of a
known fault? Refer to
Division of Mines and
Geology Special
Publication 42.
ii. Strong seismic ground
shaking?
iii. Seismic-related ground
failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion
or the loss of topsoil?
c) Be located on a geologic unit or
soil that is unstable, or that
would become unstable as a
result of the project, and
potentially result in on- or off-site
landslide, lateral spreading,
subsidence, liquefaction or
collapse?
Less Than
Significant
With Mitigation
Incorporated
City of Tustin
Less Than
Significant
Impact
No
Impact
^ ^ ^
^ ^ ^
^ ^ ^
14~Page
INITIAL STUDY
Issues: Potentially
Significant
Impact
d) Be located on expansive soil, as ~
defined in Table 18 1 B of the
Uniform Building Code (1994),
creating substantial risks to life
or property?
e) Have soils incapable of ~
adequately supporting the use of
septic tanks or alternative waste
water disposal systems where
sewers are not available for the
disposal of waste water?
City of Tustin
Less Than Less Than No
Significant Significant Impact
With Mitigation Impact
Incorporated
^ ^
^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
a)
No Impact. According to the City of Tustin General Plan, Public Safety Element (January 2001),
the Tustin Planning Area (Planning Area) lies within a seismically active region. However, there
are no known active or suspected potentially active faults identified within the Planning Area.
The EI Modena fault passes through the Planning Area's northern section; however, studies
have not been conclusive about the active/inactive status of this fault. The code amendment
proposes no physical changes and future proposals would be subject to individual review.
Therefore, no impacts associated with rupture of a known earthquake fault are anticipated with
the implementation of the code amendment.
No Impact. There is no evidence of any active or potentially active faults within the Tustin
Planning Area (Planning Area) and it is not located within an Alquist-Priolo Earthquake Fault
Zone. However, the Planning Area is located in the seismically active region of southern
California. Slight to intense ground shaking is possible within the Planning Area if an
earthquake occurs on a segment of the active faults in the region. Under current seismic design
standards and California Building Code (CBC) provisions, new buildings would incur only minor
damage in small to moderate earthquakes, and potential structural damage during a large
earthquake, although new buildings are expected to remain standing during such events (City of
Tustin General Plan, Safety Element). With application of the provisions of Chapter 16A
Division IV of the 1998 California Building Code and the Structural Engineers Association of
California, (SEAOC) guidelines, adequate structural protection in the event of an earthquake
would be provided, thus reducing impacts from strong seismic ground shaking to a less than
significant level. Since there is no development associated with the zoning code amendment
and individual projects would be subject to the California Building Code and the SEAOC
guidelines, no impacts will occur as part of this project.
15~Page
INITIAL STUDY
City of Tustin
iii. No Impact. There is no development associated with the zoning code amendment and
individual projects would be subject to the Califomia Building Code and the SEAOC guidelines.
Furthermore, a standard condition of approval requiring a soils report will be required prior to
issuance of a grading permit for any future project. Therefore, no impacts will occur as part of
this code amendment.
b) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is
designed to reduce pollutants in storm water runoff. Accordingly, during construction of any future
project, the applicant will be required to develop and submit a SWPPP to the Santa Ana RWQMP for
compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as
identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and
polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls,
tracking controls, wind erosion control, non-storm water management, and materials and water
management. A standard condition of approval requiring BMP's as part of individual development plans
may be required as part of the discretionary review process prior to issuance of a grading permit for any
future project. Therefore, no impacts will occur as part of this project.
c-d) No Impact. As indicated in Vl.a (ii) above, there is no development associated with the zoning code
amendment. Individual projects would be subject to the California Building Code and the SEAOC
guidelines. A soils report prepared by a certified soils engineer may be required as part of any project
on a case-by-case basis. Since there is no development associated with the zoning code amendment,
no impacts will occur as part of this project.
e) No Impact. The code amendment does not involve the use of septic tanks or alternative wastewater
disposal systems. On a case-by-case basis as part of the discretionary review process, any future
proposed project may be subject to submit asite-specific geotechnical investigation for the site and
preparation of a geologic and soils report prepared by a certified soils engineer. Therefore, no impacts
will occur from the implementation of the proposed project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
VII GREENHOUSE GAS EMISSIONS
Would the project:
a) Generate greenhouse gas emissions, ~ ~ ~
either directly or indirectly, that may have
a significant impact on the environment?
16~Page
INITIAL STUDY
b) Conflict with an applicable plan, policy or ~
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
Potentially
Significant
Impact
City of Tustin
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
a) No Impact. There is no development associated with the zoning code amendment. Future individual
projects would be subject to CEQA review on a case-by-case basis. Therefore, no impacts are
anticipated to directly or indirectly have an impact on the environment.
b) No Impact. There is no development associated with the zoning code amendment; the plan is
consistent with the City's General Plan and does not conflict with an applicable plan, policy or
regulation adopted for the purpose of reducing the emissions of greenhouse gases.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
VIII 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?
Less Than
Significant
With
Mitigation
Incorporated
^ ^
^ ^
Less Than
Significant
Impact
No
Impact
17~Page
INITIAL STUDY City of Tustin
Issues:
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
c) Emit hazardous emissions or
handle hazardous or acutely
hazardous materials, substances,
or waste within one-quarter mile of
an existing or proposed school?
d) Be located on a site which is
included on a list of hazardous
materials sites compiled pursuant
to Government Code section
65962.5 and, as a result, would it
create a significant hazard to the
public or the environment?
e) For a project located within an
airport land use plan or, where
such a plan has not been adopted,
within two miles of a public airport
or public use airport, would the
project result in a safety hazard for
people residing or working in the
project area?
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?
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
18~Page
INITIAL STUDY City of Tustin
a-c) No Impact. The project involves the implementation of a new zoning code amendment to clarify the
term nonconforming as set forth in the Tustin City Code. There are no hazardous materials proposed
as part of this project. Each individual development project will be subject to review on a case-by-case
basis for hazardous materials. Therefore, no impacts related to this issue will result from the proposed
project, and no mitigation measures are required.
d) No Impact. This project does not involve a specific hazardous materials site. Any new project will be
subject to review with the list compiled pursuant to Government Code Section 65962.5. A standard
condition of approval may require asite-specific geotechnical investigation for the entire site and
preparation of a geologic and soils report will be required as part of the project. Therefore, no impacts
related to this issue will result from the proposed project.
e-f) No Impact. According to the City's General Plan Circulation Element, air travel is available from John
Wayne Airport in Orange County, approximately five miles to the south by surface roadway. However,
the Tustin Planning Area does not lie within any of John Way's safety zones. The former MCAS Tustin
helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the base
has resulted in the elimination of aviation uses, with the exception of heliports individually permitted or
blimp operations as an interim use. New development will be subject to review with the Airport Land
Use Commission if necessary. Any conditions of approval will be incorporated into each individual
project where necessary. Therefore, no safety hazards are anticipated related to this issue.
g-h) No Impact. The code amendment to amend the term nonconforming in the Tustin City Code would not
involve any uses that would interfere with the City's Emergency Operations Plan or with major
emergency evacuation routes out of the area; nor is it anticipated to expose people or structures to a
significant risk of loss, injury or death wildland fires, including where wildlands are adjacent to
urbanized areas or where residences are intermixed with wildlands. Therefore, there are no impacts
associated with this issue.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
IX HYDROLOGY AND WATER QUALITY.
Would the project:
a) Violate any water quality standards or ~ ~ ~
waste discharge requirements?
19~Page
INITIAL STUDY
Issues:
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 (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 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 stormwater
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 or Flood
Insurance Rate Map or other flood
hazard delineation map?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
^ ^ ^
20~Page
INITIAL STUDY
Issues:
h)
Place within a 100-year flood hazard
area structures that would impede or
redirect flows?
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?
Potentially
Significant
Impact
City of Tustin
Less Than Less Than No
Significant Significant Impact
With Impact
Mitigation
Incorporated
^ ^
^ ^
^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
a) No Impact. The City of Tustin is a co-permittee with Orange County in the NPDES program, which is
designed to reduce pollutants in storm water runoff. The code amendment does not include
construction of new facilities. Accordingly, during construction of any future development project, the
applicant may be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance
with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in
the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted
runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking
controls, wind erosion control, non-storm water management, and materials and water management.
By preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval for
water quality, any future project could potentially meet all applicable regulations to manage runoff from
the project site. Pollutants in storm water would be substantially reduced by source control and
treatment BMPs. Since there is no development proposed as part of this project, it would not violate
any water quality standards or waste discharge requirements.
b) No Impact. The proposed code amendment will not substantially deplete groundwater supplies or
interfere substantially with groundwater recharge in that there is no construction associated with the
proposed code amendment.
c) No Impact. Construction of any future project may temporarily alter existing drainage patterns, as there
would be areas of exposed soil during grading and excavation activities. If a storm event were to occur
during these activities, exposed sediments may be carried off-site and into the local storm drain system
increasing siltation. However, as discussed in Response No. IX.a-b, any future project would be
required, as part of the standard conditions of approval of the discretionary review process, to
implement construction BMPs in compliance with the NPDES permit and Orange County Drainage
Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. Therefore, there are no
impacts associated with this project.
21~Page
INITIAL STUDY City of Tustin
d-e) No Impact. The code amendment provides clarification to the term nonconforming in various sections
of the Tustin City Code (TCC) to clarify, provide consistency with prior practice, and reduce ambiguity of
the term "nonconforming°. Any future project would be subject to individual review and may be subject
to CEQA review. To ensure off-site drainage does not result in flooding on or off-site, any future
applicant may be required, as part of the standard conditions of approval, to provide on-site hydrology
and hydraulic calculations for the proposed development and hydraulic calculations for proposed
connections to the existing storm drain system. This will ensure drainage improvements of any future
project site will have a less than significant effect on the environment. However, this will be assessed
as part of the discretionary review process; there are no impacts associated with the implementation of
the code amendment.
f) No Impact. Compliance with the NPDES permit (refer to Response IX.a-b) and BMPs (discussed in
Responses IX.a-b, IX.c, above) would reduce potential water quality impacts to less than significant
levels. There are no impacts associated with the implementation of the code amendment.
g - h) No Impact. The code amendment will amend the Tustin City Code for clarification of the term
nonconforming. The proposed code amendment will not place housing or structures 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 in that there is no development associated with the code
amendment. Any individual projects will be subject to review according to the Flood Insurance Rate
Map. The map would indicate whether a project was subject to a flood zone. However, no development
is proposed as part of this project. Therefore, no impacts will occur as part of this project.
i) No Impact. As described in response IXg-h, runoff typically increases with parking, however, there is
no development associated with this zoning code amendment in that it includes a revision to the term
nonconforming in the Tustin City Code for clarification. Any future construction of individual projects will
be subject to comply with the requirements of the Orange County NPDES program, which is designed
to reduce pollutants in storm water runoff. In the unlikely event of flooding as a result of the failure of a
levee or dam, the City has implemented an Emergency Preparedness Plan that addresses several
hazard areas including flooding. This Emergency Preparedness Plan has been reviewed by State and
Federal agencies which have their own roles in the event of an emergency. Any future development
project would be subject to review on a case-by-case basis as to whether or not it is within a flood zone
(as addressed in VIII t-u) and potentially subject to significant risk of loss, injury or death involving
flooding, including flooding as a result of the failure of a levee or dam. However, there are no impacts
associated with the code amendment.
j) No Impact. Any future development projects would be subject to review to determine whether the
project is within an area that has been identified as susceptible to liquefaction or potential bedrock
landslides. These areas are identified on Figure COSR-1 of the City's General Plan. When
development is proposed within these areas, studies shall be performed as directed by the City to
determine the potential for hazards and the amount of development which is supportable on the site.
As described in VIII v, in the unlikely event of inundation by seiche, tsunami, or mudflow an individual
project would be part of the City's Emergency Preparedness Plan. Therefore, no impacts associated
with the code amendment.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. Flood Insurance Rate Map
3. OC Watersheds
htta://www. ocwatersheds. com/dam preport/default.aspx?I D=1000358
22~Page
INITIAL STUDY
Issues:
X. LAND USE AND PLANNING.
Would the project:
a) Physically divide an established
community?
b) Conflict with any applicable land
use plan, policy, or regulation of an
agency with jurisdiction over the
project (including, but not limited to
the general plan, specific plan,
local coastal program, or zoning
ordinance) adopted for the purpose
of avoiding or mitigating an
environmental effect?
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
^ ^ ^
^ ^ ^
c) Conflict with any applicable habitat
conservation plan or natural
community conservation plan?
^ ^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code. The intent of the code amendment is to implement and codify the City's
current practice of ensuring that historic structures are maintained and illegal and/or unpermitted additions,
alterations, or enlargements are lawfully established in accordance with the City's Cultural Resources District
Regulations and the appropriate procedures and findings for a Certificate of Appropriateness are obtained.
Said Certificate of Appropriateness must include specific findings for construction or alteration to ensure that
alterations will not detrimentally alter, destroy or adversely affect the resource and, in the case of a structure is
compatible with the architectural style of the existing structure. Ultimately, the Code Amendment will provide
consistency in the code and allow implementation to ensure that the integrity of historic structures is legally
established and maintained.
a) No Impact. The code amendment will clarify, provide consistency with prior practice, and reduce
ambiguity of the term "nonconforming" throughout the Tustin City Code. Since the uses are similar and
may be subject to discretionary review and conditions of approval, it is not anticipated to physically
divide an established community and therefore, no impacts will occur.
b) No Impact. The City's General Plan indicates the following: Goal 2: Ensure that future land use
decisions are the result of sound and comprehensive planning. Specifically, Policy 2.1: Consider all
General Plan goals and policies, including those in the other General Plan elements, in evaluating
proposed development projects for General Plan consistency. Policy 2.2: Maintain consistency between
the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards.
23~Page
INITIAL STUDY City of Tustin
The code amendment will clarify, provide consistency with prior practice, and reduce ambiguity of the
term "nonconforming" throughout the Tustin City Code. Therefore, the project is in conformance with
the General Plan, and there are no conflicts related to the implementation of the code amendment.
c) No Impact. As indicated in response IV f, the City of Tustin is a participating member of the Natural
Community Conservation Plan (NCCP) and is within the Central/Coastal Orange County region. No
physical improvements are currently proposed in conjunction with the amendment to the zoning code.
Impacts related to any future project would be identified and evaluated in conjunction with the
applicable NCCP/HCP plan or any other conservation plan and may be subject to separate CEQA
review. As a result, no impacts are anticipated from the implementation of the code amendment.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
XI MINERAL RESOURCES.
Would the project:
a) Result in the loss of availability of a
known mineral resource that would
be of value to the region and the
residents of the state?
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
^ ^
^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
a-b) No Impact. According to the City of Tustin Conservation/Open Space/Recreations Element (Figure
COSR-2) there are no known mineral resources within the City that would be of value to the region and
the residents of the state. Therefore, there are no project related impacts associated with mineral
resources.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
24~Page
INITIAL STUDY
Issues:
XII NOISE.
Potentially
Significant
Impact
City of Tustin
Less Than Less Than No
Significant Significant Impact
With Impact
Mitigation
Incorporated
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 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 people residing or working
in the project area to excessive
noise levels?
^ ^
^ ^
^ ^
^ ^
^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term °nonconforming"
throughout the Tustin City Code.
25~Page
INITIAL STUDY City of Tustin
a -d) No Impact. The City of Tustin General Plan Noise Element, and the City's Municipal Code, Chapter 6
Section 4614, Noise Control (Noise Ordinance) establish noise standards for the City. The Safety and
Noise Element addresses noise with respect to general land use compatibility, while the Noise
Ordinance addresses noise from specific sources. The Noise Ordinance established exterior noise
standards of 55 dBA during the daytime hours between 7:00 a.m. and 10:00 p.m. and 50 dBA during
the nighttime hours between 10:00 p.m. and 7:00 a.m. These noise standards are adjusted further
based on the cumulative duration of the noise occurrence, as well as the prevailing ambient noise
levels near the project. Each future individual project will be subject to review on a case-by-case basis.
The proposed project does not include new development and would not expose people to excessive
noise; therefore, no impact will occur as a result of this project.
e-f) No Impact. According to the City's General Plan Circulation Element, air travel is available from John
Wayne Airport in Orange County, approximately five miles to the south by surface roadway. However,
the Tustin Planning Area does not lie within any of John Wayne's safety zones. The former MCAS
Tustin helicopter station was located in the southern portion of the City. A Specific Plan for reuse of the
base has resulted in the elimination of aviation uses, with the exception of heliports individually
permitted or blimp operations as an interim use. New development could be subject to review with the
Airport Land Use Commission if necessary as well as with the Noise Ordinance. Any conditions of
approval will be incorporated into each individual project where necessary. No impact will occur as a
result of this code amendment.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XIII POPULATION AND HOUSING.
Would the project:
a) Induce substantial population (~ ~ ~
growth in an area, either directly
(for example, by proposing new
homes and businesses) or
indirectly (for example, through
extension of road or other
infrastructure)?
b) Displace substantial numbers of ~ ~ ~
existing housing, necessitating the
construction of replacement
housing elsewhere?
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INITIAL STUDY City of Tustin
c) Displace substantial numbers of ~ ~ ~
people, necessitating the
construction of replacement
housing elsewhere?
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code. The intent of the code amendment is to implement and codify the City's
current practice of ensuring that historic structures are maintained and illegal and/or unpermitted additions,
alterations, or enlargements are lawfully established in accordance with the City's Cultural Resources District
Regulations and the appropriate procedures and findings for a Certificate of Appropriateness are obtained. The
Code Amendment will provide consistency in the code and allow implementation to ensure that buildings and
structures are legally established and maintained. This code amendment will assist in clarifying that only legally
established housing units meet the States and Federal standards for affordable housing, not illegally
established units.
a) No Impact. The Tustin Planning Area is an established and urbanized area. There is no development
associated with the code amendment. It is not anticipated to substantially increase population growth.
Therefore, no impact on the local or regional population is expected to occur.
b) No Impact. There are no physical improvements in conjunction with the amendment to the Tustin City
Code. Impacts related to any future project would be identified and evaluated on a case-by-case basis
as part of the discretionary review process. Therefore, no housing would be displaced by the
implementation of the proposed project and there are no impacts associated with this code
amendment.
c) No Impact. No development associated with the code amendment. No persons would be displaced by
the implementation of the proposed project. Therefore, there are no impacts associated with this issue.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
27~Page
INITIAL STUDY City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XIV PUBLIC SERVICES.
Would the project:
a) Result in substantial adverse physical ~ ~ ~
impacts associated with the provision
of new or physically altered
governmental facilities, need for new
or physically altered governmental
facilities, the construction of which
could cause significant environmental
impacts, in order to maintain
acceptable service ratios, response
times or other performance objectives
for any of the public services:
i. Fire protection? ~ ~ ~
ii. Police protection? ~ ~ ~
iii. Schools? ~ ~ ~
iv. Parks? ~ ~ ~
v. Other public facilities? ~ ~ ~
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
a) The proposed code amendment is not anticipated to cause any adverse physical impacts associated
with the provision of new or physically altered government facilities.
Fire protection. No Impact. The Orange County Fire Authority provides fire protection for the City
of Tustin on a contractual basis. All water mains and fire hydrants must be constructed in
accordance with Orange County guidelines and are subject to approval by the Orange County Fire
Authority. Adherence to these guidelines will ensure that no significant impacts on fire protection
services will occur. Future projects may be subject to individual review by the Fire Authority as part
of the discretionary review routing process. Therefore, there are no impacts related to fire
protection.
Police protection. No Impact. The Tustin Police Department provides law enforcement services
within the City of Tustin. Routine and scheduled patrolling is done throughout the City and would
continue as they do under existing conditions. It is not anticipated that the proposed code
amendment would require additional officers. Rather, it is assumed that the Police Department will
28~Page
INITIAL STUDY City of Tustin
continue to assess and evaluate its crime statistics for problem areas within the City. No impacts
associated with the implementation of the code amendment.
iii. Schools. No Impact. The code amendment will not provide housing that would generate demand
for additional schools. The project will not increase student population necessitating a need for new
or expanded school facilities. No impacts are anticipated.
iv. Parks. No Impact. The code amendment does not propose new construction. Any future project
may be subject to further discretionary review. However, the project is not anticipated to generate a
demand for additional parks. No mitigation measures are required.
v. Other Public Facilities. No Impact. The code amendment is not anticipated to result in any
substantial increase in demands on other government services or public facilities such as roads,
libraries, hospitals, or post offices. Future projects are not anticipated to generate traffic however;
should impacts be associated with an individual project, they would be reviewed and considered on
a case-by-case basis and conditions of approval included as necessary to mitigate impacts. No
increased need for maintenance of these public facilities is anticipated. No mitigation measures are
required.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XV RECREATION.
Would the project:
a) Increase the use of existing
neighborhood and regional parks or
other recreational facilities such
that substantial physical
deterioration of the facility would
occur or be accelerated?
^ ^ ^
b) Does the project include
recreational facilities or require the
construction or expansion of
recreational facilities which have an
adverse physical effect on the
environment?
^ ^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
29~Page
INITIAL STUDY
City of Tustin
a -b) No Impact. The code amendment will clarify, provide consistency with prior practice, and reduce
ambiguity of the term "nonconforming" throughout the Tustin City Code. The proposed project does not
involve the construction of uses that will increase demand for parks. Therefore, the proposed project
will not adversely impact existing recreational facilities.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
XVI TRANSPORTATION /TRAFFIC.
Would the project:
a) Conflict with an applicable plan,
ordinance or policy establishing
measures of effectiveness for the
performance of the circulation system,
taking into account all modes of
transportation including mass transit
and non-motorized travel and relevant
components of the circulation system,
including but not limited to
intersections, streets, highways and
freeways, pedestrian and bicycle
paths, and mass transit?
b) Conflict with an applicable congestion
management program, including, but
not limited to level of service standards
and travel demand measures, or other
standards 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?
Potentially
Significant
Impact
Less Than
Significant
With Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
30~Page
INITIAL STUDY
City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Mitigation Impact
Incorporated
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) Conflict with adopted policies, plans, or ~ ~ ~
programs regarding public transit,
bicycle, or pedestrian facilities, or
otherwise decrease the performance or
safety of such facilities?
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming°
throughout the Tustin City Code.
a) No Impact. The code amendment will not conflict with adopted plan, ordinance or policies programs
supporting alternative transportation in that the new ordinance will provide that will better organize and
supplement Tustin's Zoning Code and provide updated uses that have previously been determined to
be similar to permitted and conditionally permitted uses. These regulations are consistent with the
City's Circulation Element which addresses the circulation improvements needed to provide adequate
capacity for future land uses. The Element establishes a hierarchy of transportation routes with specific
development standards. Future projects will be required to conform to the City's Circulation Element
based on individual review. Therefore, there is no impact to this issue and no mitigation is necessary.
b) No Impact. The City has adopted a Congestion Management Program (CMP) to reduce traffic
congestion and to provide a mechanism for coordinating land use development and transportation
improvement decisions. Any future project will require review and conformance with the requirements of
the Tustin General Plan and the CMP. However, no improvements are proposed as part of this project.
Therefore, it would have no impact and no mitigation is necessary.
c) No Impact. The code amendment will clarify, provide consistency with prior practice, and reduce
ambiguity of the term "nonconforming" throughout the Tustin City Code. There is no construction
proposed as part of this project, accordingly, it is not anticipated to produce any air traffic increases, nor
would existing air traffic patterns impact it. No impacts are anticipated from implementation of the code
amendment.
d) No Impact. The code amendment will clarify, provide consistency with prior practice, and reduce
ambiguity of the term "nonconforming" throughout the Tustin City Code. Therefore, the code
amendment is not anticipated to cause hazardous conditions or allow incompatible uses. No impact will
occur as part of this code amendment.
31~Page
INITIAL STUDY City of Tustin
e) No Impact. The code amendment does not include any new development and will not result in
inadequate emergency access. Future development will be reviewed and considered on a case-by-
case basis and conditions of approval included as necessary to mitigate impacts. No mitigation is
necessary.
f) No Impact. The code amendment will not conflict with adopted policy, plan, or programs supporting
alternative transportation in that the new ordinance will clarify, provide consistency with prior practice,
and reduce ambiguity of the term "nonconforming" throughout the Tustin City Code. These regulations
are consistent with the City's Circulation Element which addresses the circulation improvements
needed to provide adequate capacity for future land uses. The Element establishes a hierarchy of
transportation routes with specific development standards. Future projects will be required to conform
to the City's Circulation Element based on individual review. Therefore, there is no impact to this issue
and no mitigation is necessary.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Issues:
Potentially Less Than Less Than
Significant Significant Significant
Impact With Impact
Mitigation
Incorporated
^ ^ ^
No
Impact
XVI I 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?
^ ^ ^
^ ^ ^
32 ~ Page
INITIAL STUDY City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
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 landi'lll 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?
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming° throughout
the Tustin City Code.
a) No Impact. The Tustin Planning Area is located within the jurisdiction of the Santa Ana Regional
Quality Control Board. The proposed code amendment does not include new development and will
amend various sections of the Tustin City Code (TCC) to clarify, provide consistency with prior practice,
and reduce ambiguity of the term "nonconforming° throughout the Tustin City Code. Any wastewater
generated by future projects may be subject to review for impacts on wastewater facilities as part of the
discretionary review process. Typically, any increase in wastewater flows resulting from an off-street
parking project would be minimal. Future development would be required to comply with local and state
regulations to minimize any potential impacts from hazardous materials use. As discussed in Section
IX. Hydrology and Water Quality, any future project may be required to implement standard BMPs to
control storm water runoff at the project site. Therefore, no impacts are associated with this project.
b) No Impact. Irvine Ranch Water District (IRWD) provides water and wastewater services and the
Orange County Sewer District provide wastewater services within the Tustin Planning Area. The code
amendment does not include new development and will amend various sections of the Tustin City Code
(TCC) to clarify, provide consistency with prior practice, and reduce ambiguity of the term
"nonconforming" throughout the Tustin City Code. The amount of potable water needed and
wastewater generated by a future project be reviewed on a case-by-case basis for any potential to
cause significant environmental impacts and would most likely be nominal. Minor infrastructure
33~Page
INITIAL STUDY City of Tustin
improvements may be required to provide on-site connections from the existing water and wastewater
services to any new project. Since there are no new wastewater treatment facilities or potable water
facilities will be needed as part of this code amendment there are no impacts.
c) No Impact. As discussed in Response No. XVII a) above, the code amendment will amend various
sections of the Tustin City Code (TCC) to clarify, provide consistency with prior practice, and reduce
ambiguity of the term "nonconforming" throughout the Tustin City Code. Future projects would be
required to comply with local and state regulations to minimize any potential impacts from expansion of
existing facilities. Any future project may be required to implement standard BMPs to control storm
water runoff at the project site and may incorporate construction and post-construction BMPs in
compliance with the NPDES permit and Orange County Drainage Area Master Plan (DAMP) to
eliminate or reduce erosion and polluted runoff. However, there are no impacts from implementation of
the proposed code amendment.
d- e) No Impact. As discussed in Response No. XVII b) above, the code amendment will amend various
sections of the Tustin City Code (TCC) to clarify, provide consistency with prior practice, and reduce
ambiguity of the term "nonconforming" throughout the Tustin City Code. Any increase in water demand
from any future project is anticipated to be nominal and would be considered and mitigated as
necessary on a case-by-case basis. No mitigation measures are required.
f-g) No Impact. CR&R Waste Services provides solid waste collection and disposal services to the City of
Tustin. Any solid waste generated by a future project would be diverted to a transfer station and then to
the Bee Canyon/Bowerman Landfill located at 11002 Bee Canyon Access Road in Irvine. The zoning
code amendment does not propose any construction. Furthermore, any future project would be
required to comply with local, state, and federal requirements for integrated waste management (i.e.
recycling) and solid waste disposal. Waste Management provides recycling opportunities to
businesses and institutions, although implementation of recycling programs by businesses and
institutions is voluntary. The project is anticipated to have no impact on landfill capacity.
h) No Impact. The code amendment will amend various sections of the Tustin City Code (TCC) to clarify,
provide consistency with prior practice, and reduce ambiguity of the term "nonconforming" throughout
the Tustin City Code. A Standard Condition of Approval will be added to individual future projects
requiring a Water Quality Management Plan (WQMP) for the use of non structural and/or structural
BMPs including but not limited to tenant education, activity restrictions, street sweeping, landscaped
areas with efficient irrigation and limited run-off, strategically placed catch basins with fossil filters, and
catch basin stenciling. BMPs required as part of an individual project would not necessarily result in
any significant environmental effect. No impact as part of this project.
Mitigation Measures/Monitoring Required: No additional mitigation measures required.
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
3. OC Watersheds
http://www. ocwatersheds.com/dam prevort/default.aspx?I D=1000358
4. Water Code Section 10910, et. Seq. (SB 610), and the requirements of
Government Code Section 664737 (SB 221)
34~Page
INITIAL STUDY
Issues:
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XVIII 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 project, 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?
^ ^ ^
^ ^ ^
Discussion: Code Amendment 11-002 (CA 11-002) to amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code.
a) No Impact. The proposed code amendment will amend various sections of the Tustin City Code (TCC)
to clarify, provide consistency with prior practice, and reduce ambiguity of the term "nonconforming"
throughout the Tustin City Code. There is no development proposed as part of this code amendment,
therefore, the project will not have the potential to significantly impact sensitive resources.
35~Page
INITIAL STUDY
City of Tustin
b) No Impact. As discussed in response XVllla, the code amendment, as proposed, is consistent with the
goals and objectives of the City's General Plan. Therefore, the project is not expected to have any
cumulatively considerable impacts.
c) No Impact. As demonstrated throughout this Initial Study, the proposed project will not have any
significant effects considered cumulatively considerable.
d) No Impact. As demonstrated throughout this Initial Study, the code amendment does not have
environmental effects which will cause substantial adverse effects on human beings, either directly or
indirectly.
Mitigation Measures/Monitoring Required: No additional mitigation measures required
Sources: 1. City of Tustin General Plan (January 16, 2001)
2. City of Tustin Zoning Code
Note: Authority cited: Sections 21083 and 21083.05, Public Resources Code. Reference: Section 65088.4,
Gov. Code; Sections 21080(c), 21080.1, 21080.3, 21082.1, 21083, 21083.05, 21083.3, 21093, 21094, 21095,
and 21151, Public Resources Code; Sundstrom v. County of Mendocino, (1988) 202 Cal.App.3d 296; Leonoff
v. Monterey Board of Supervisors, (1990} 222 Cal.App.3d 1337; Eureka Citizens for Responsible Govt. v. City
of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency
(2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San
Francisco (2002) 102 Cal.App.4th 656.
36~Page
INITIAL STUDY
City of Tustin
it
r1
!1'
/!
1!
~.
~o~~a
NFRAL PLAN
Fausw le, :IM~I
Figure I-~
Tustin Planning Area
37~Page