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HomeMy WebLinkAbout02 Code Amendment 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 • AGENDA REPORT ITEM # 2 MEETING DATE: DECEMBER 11, 2012 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT (CA) 2012-04 CONDITIONAL USE PERMIT (CUP) 2012-13 DESIGN REVIEW (DR) 2012-007 MINOR ADJUSTMENT (MA) 2012-02 APPLICANT: JOSEPH HAIKAL KIDDIE ACADEMY OF IRVINE 16655 NOYES AVENUE IRVINE, CA 92606 PROPERTY OWNER: CHRISTOPHER AND KATHRYN SCOTT FAMILY TRUST HEIDI SCOTT (TRUSTEE) 3158 SKYLINE DRIVE OCEANSIDE, CA 92056 LOCATION: 14501 NEWPORT AVENUE GENERAL PLAN: COMMUNITY COMMERCIAL ZONING: RETAIL COMMERCIAL (C-1) EXISTING LAND USE: VACANT TENNIS CENTER ENVIRONMENTAL CODE AMENDMENT 2012-04 IS CONSIDERED A "PROJECT" STATUS: SUBJECT TO THE TERMS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). THE CITY HAS PREPARED AN INITIAL STUDY AND NEGATIVE DECLARATION FOR THE CODE AMENDMENT IN ACCORDANCE WITH THE CITY OF TUSTIN'S PROCEDURES REGARDING IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. CONDITIONAL USE PERMIT (CUP) 2012-13, DESIGN REVIEW (DR) 2012-007, AND MINOR ADJUSTMENT (MA) 2012-02 ARE CATEGORICALLY EXEMPT (CLASS 3 - NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) PURSUANT TO SECTION 15303 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 2 REQUEST: A REQUEST TO DEMOLISH AN EXSITING BUILDING AND CONSTRUCT A NEW 6,300 SQUARE FOOT CHILD DAY CARE CENTER; A CODE AMENDMENT TO ALLOW THE OPTION OF PARKING RATIO OF ONE (1) SPACE PER TEN (10) CHILDREN WITH ADEQUATE DROP-OFF/PICK-UP AREA; A MINOR ADJUSTMENT TO REDUCE THE NUMBER OF REQUIRED PARKING SPACES FOR THE DAY CARE CENTER; AND DESIGN REVIEW FOR THE BUILDING AND SITE DESIGN. RECOMMENDATION: That the Planning Commission: 1. Adopt Resolution No. 4213 recommending that the Tustin City Council adopt Ordinance No. 1425, approving Code Amendment 2012-04, establishing a new parking option for day care facilities with adequate drop-off/pick-up area. 2. Adopt Resolution No. 4214 approving Conditional Use Permit 2012-13, Design Review 2012-007, and Minor Adjustment 2012-02, authorizing the construction of a new 6,300 square-foot day care center with reduced parking at 14501 Newport Avenue (all contingent on City Council approval of Ordinance No. 1425). =k 14501 Newport Avenue APPROVAL AUTHORITY Pursuant to TCC 9295f, at the close of the public hearing, the Planning Commission shall make a report of its findings and its recommendation with respect to the Code Amendment to the City Council. TCC section 92958 authorizes the City Council to consider and adopt amendments to the City Code. Pursuant to Tustin City Code (TCC) Sections 9232b12, 9272, 9291, 9299b(1), the Tustin Planning Commission may consider conditional use permits for day care centers, design reviews for new buildings, and minor adjustment for reduction in on-site parking, respectively. CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 3 BACKGROUND Site and Surrounding Properties The project site is located on the southwest corner of Newport and Walnut Avenues and is surrounded by commercial and residential land uses (Attachment A — Location Map). The project site is located immediately north of the Omega Burgers restaurant, east of a residential apartment complex, south of the Taco Factory restaurant across Walnut Avenue, and west of the Yoshinoya restaurant across Newport Avenue. The project site is zoned Retail Commercial ti f r Sw 14501 Newport Ave.: Aerial view The project site is an approximately 22,300 square-foot lot improved with a 1,300 square-foot, one-story structure, tennis court and parking lot. The property was used as a tennis retail store and tennis lessons business since the 1980s. The property has been vacant since 2010. Prior to the tennis center use, the property was a gas station. DISCUSSION This project requires several approvals and entitlements, summarized below: 1. A code amendment to allow the option of requiring less parking for day care centers if adequate drop-of/pick-up areas are provided. 2. A conditional use permit is required prior to operating a day care center. 3. A design review to evaluate and ensure high quality building and site design. I - CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 4 4. A parking minor adjustment to authorize the reduction of on-site parking to accommodate the proposed use while accounting for site conditions, such as right-of- way dedication. Project Description Kiddie Academy Child Care Learning Centers provide day care and learning center services throughout the country, and has operated day care centers since 1981. The project applicant is a franchisee and currently operates a Kiddie Academy center in Irvine, near Jamboree Road and Barranca Parkway, and is proposing to open a second location at 14501 Newport Avenue, at the Walnut Avenue intersection. The applicant proposes to demolish the existing 1,300 square-foot structure and construct a new 6,300 square-foot building, parking lot, and playground areas. Figure 1: Site Plan TL -..___________ __._ _�__ __ -O Y A 73M 8" V 1 I 115' }'M 6,325 SF $ ONE-STORY BUILDING i I B I:' a gg X e' V� w LLUuc.V I� t / r�wwPun Mu6 b � 'ryP �� L + 4 I I } I > � 1mtll y As proposed, the day care would operate with a maximum 108 children and twelve (12) employees and provide day care service between 6:30 a.m. to 6:30 p.m., Monday through Friday. CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11,2012 Page 5 As shown in Figure 2, the proposed new building would include an office, restrooms, kitchen, break room, and five (5) classrooms, including one (1) classroom for infants to two-year-old children and four (4) classrooms for children two- to five-years-old, which includes a kindergarten program. The remainder of the project site would be improved with a parking lot with twenty-two (22) spaces and 7,300 square feet of fenced playground area. Figure 2: Floor Plan O • ® ` O p ® ru ml O O 12 CV9TW,+ 6Ey �A591eO1] I (U9 ] . . Ia Im //..IA Io1 WIWN'S V l ] I II me Q Dp XY CL455ROOM 4 X�T1p01 ClA59i00Y 3 0eIGQl's y, CLASSRODM 2 LICENSED FOR IOTA LICQISED FOR SII ImA IICENSED FOR wp ARES 2-0 YRS. AGES 2—B MS ImA AGES 2-8 MS m �\ TYP. TYP, IYP. — Q E,yfP{9 i G� no � q0 I12 Xlll WYIM lNpgY 91QNlgl 910101 tpl pEe1Rl01 O nz sv ns d'�_e uR e 1m us 1 m __ Im la Im RlbM101l 1m Im � m 011\\ lO1e melMEYi CLAS411001 3 ® n1 Xe]� UCEN ED GES R 1m 71 . X I s� a ''CLASS O I FOR Xei> ACES 0-2 MS A A A A A Im f ) 1 L A ml ANALYSIS The proposed project involves various issues and requirements that would need to be addressed in order to proceed with the entitlement process. These issues and requirements are discussed in further detail below. Right-of-Way Dedication The project site is located along a public right-of-way that will eventually be widened. The Tustin General Plan Circulation Element classifies Newport Avenue as a major arterial, which requires a sixty-foot wide right-of-way from centerline, for ultimate right-of-way width. Newport Avenue is currently improved with a fifty (50) foot-wide right-of-way from centerline. The General Plan requires a fifty (50) foot wide right-of-way from Walnut Avenue centerline, for ultimate right-of-way width. At the project location, Walnut Avenue is currently improved with a forty (40) foot wide right-of-way from centerline. Per TCC Section 9271x, the proposed project and on-site improvements trigger the requirement for right-of-way dedication. Accordingly, a ten (10) foot dedication would be required along Newport Avenue and Walnut Avenue. Although widening Newport and Walnut Avenues to its ultimate right-of-way width is planned, there is no funding currently secured for construction activities and it is not certain when construction would actually commence. Given the uncertain time frame of street widening and the likelihood that it will not take place for many years, an irrevocable offer of dedication in fee title, an additional ten (10) feet of street right-of-way along Newport and Walnut Avenues has been made CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 6 a condition of approval of the project. This arrangement would allow the applicant to utilize the future dedication area as part of its day care center until the City is ready to widen the streets. As proposed, the new day care center would utilize the entire project site, with the playground occupying the area up to the current property lines. Figure 3 below illustrates the proposed day care center in relation to the existing property lines (Interim condition prior to dedication). Figure 3: Interim Day Care Use WALNUT AVE I � Z PLAYGROUND M v O X D m STRUCTURE OUSTING g9 PROPERTY wrewnmwr. N LINE nwaw enKu i I DROP OFF ��}• s k PARKING I At the time the City proceeds with the street widening project at Newport Avenue and Walnut Avenue, the applicant will dedicate the additional right-of-way as conditioned, and remove any improvements within the dedication area. The right-of-way dedication requirement equates to approximately 2,800 square feet or 13 percent of the current land area. The day care center would then be required to reduce its enrollment and staff to a maximum of 100 students and ten (10) staff in addition to modifying and reconfiguring the parking lot and playgrounds to accommodate the State's Community Care Licensing requirements. Figure 4 illustrates the proposed day care facility in relation to the ultimate right-of-way and property dedication areas (Ultimate condition after dedication). CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 7 Figure 4: Ultimate Day Care Use WALNUT AVE NEW RIGHT-OF-WAY Z M PLAYGROUND O A F m u STRUCTURE n17„ .. . Mo Ne PROPERTY .r.nyprw,ne� uNE rwansrtm J FUTURE PROPERTY LINE DROP OFF PARKING S it ! r= is Parking Code Amendment The parking code currently requires one (1) space for each staff plus one (1) space for every five (5) students. Based on the current requirements, thirty-four (34) parking spaces would be required. The applicant is requesting a code amendment to revise the parking requirements by adding an alternative criterion to the parking code. As proposed in CA 2012-04, the parking requirements would read as follows, with the underlined text showing the proposed amendment: 1 space for each employee and teacher on maximum shift, plus 1 space for each 5 children at maximum enrollment, or 1 space for each employee and teacher on maximum shift, plus 1 space for each 10 children at maximum enrollment if adequate drop-off facilities provided. Drop- off facilities must be designed to accommodate a continuous flow of passenger vehicles to safely load and unload children. The adequacy of drop-off facilities proposed shall be determined by the approval body for the proposed use. CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 8 According to the Institute of Transportation Engineers (ITE) Parking Generation (4th Edition) publication, day care facilities have an average peak period parking demand of 0.2 vehicles per student, or about one (1) parking space for every five (5) students. The ITE parking ratio generally coincides with the proposed amendment in that the one (1) space per five (5) students seems to factor in day care staff parking demands. ITE also indicates that day care centers have an average peak period parking demand of 3.16 vehicles per 1,000 square feet of gross floor area. The proposed day care center would have 6,325 square feet of gross floor area and using the ITE peak demand of 3.16 vehicles per 1,000 square feet of gross floor area, the day care center would need to provide a total of twenty (20) spaces. Based upon the two ITE methodologies, staff supports the proposed parking code amendment. Design Review The proposed day care center building architecture is similar to other new buildings recently approved within the City. The 6,300 square-foot building has a rectangular footprint and is proposed to be twenty (20) feet high with a twenty-six (26) feet tall entry parapet that adds architectural interest and emphasis on the main entrance to the building. Exterior features and treatments include rustic stone accents, fabric awnings, and earth tone colors (Attachment C). The overall design is appropriate for the day care use as well as general retail use. gin.. I �h C-0Q e a'a �.0 U- � 'EJ L W ESO 7H(ENTRY)ELEVATION V ✓a - I _ - NORTH(WALNUT AVE.)ELEVATION O CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 9 UA SWI-� e - (et11 ,•} �� u r CL-LI/ 10 EAST(NEWPORT AVE)ELEVATION Minor Adjustment During the Interim Day Care Use (prior to widening of Newport and Walnut Avenues), the applicant would operate the day care with 108 students and twelve (12) staff, which requires twenty-three (23) parking spaces based on the proposed requirement of one (1) space for each staff plus one (1) space for every ten (10) students and adequate drop-off facilities. The applicant is proposing twenty-two (22) parking spaces and requesting a parking minor adjustment (MA 2012-02), which would be a 5 percent reduction. During the Ultimate Day Care Use (after widening), the applicant proposes to operate the day care center with 100 students and ten (10) staff to accommodate the State's Community Care licensing requirements for play area. As a result of the reconfiguration of the play area, the applicant proposes a total of sixteen (16) parking spaces (see Figure 4). The Table below summarizes the parking requirements. INTERIM DAY CARE USE ULTIMATE DAY CARE USE CHILDREN (MAX.) 108 100 STAFF (MAX.) 12 10 PARKING DEMAND' 18 (peak) 16 (peak) PARKING 22 spaces 16 spaces "BASED ON KIDDIE ACADEMY PARKING STUDY The applicant submitted a parking study by the Kiddie Academy (Attachment D). This report includes information about drop-off/pick-up frequencies, traffic flow, and parking demand based on analysis and data from numerous existing Kiddie Academy centers. The Parking Study states that a maximum eighteen (18) parking spaces would be needed at peak demand for 108 students and 12 staff. In addition, based on a 108 student enrollment and proposed twenty-two (22) parking spaces, there would be approximately one (1) parking space for every five (5) students, which is the same as information from the ITE Parking Generation studies. The parking study also indicates that upon widening of Newport Avenue and Walnut Avenue and the reduction of enrolment to 100 children and 10 staff, the proposed sixteen (16) spaces can accommodate peak traffic flow. The Commission may wish to note that, Tustin City Code Section 9273(f) exempts the use of the land and structure which is made "non conforming" either in design or arrangement due to acquisition of public right-of-way. As such, reconfiguration of the play area to accommodate the State's Community Care licensing requirement and reduction of parking spaces to sixteen (16) CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 10 spaces at time of public right-of-way acquisition could be accommodated without deeming the property to be non-conforming. As conditioned, the applicant would maintain a parking and drop-off/pick-up policy. If on- and off- site drop-off/pick-up and parking is insufficient, Condition 2.4 is in place to require the applicant to modify hours of operation, reduce enrollment and staff, and/or provide additional parking spaces. Future Retail Use The project site is within the C-1 zoning district, which allows retail uses. If the proposed day care center vacates the site, Condition 2.5 would require the conversion to retail commercial use, including removing playground fencing and adding parking spaces to provide a total of twenty-six (26) parking spaces or parking ratio of one (1) space per 250 square feet of gross floor area. This condition is applicable before and after street widening. FINDINGS A decision to recommend approval of Resolution No. 4213 (Code Amendment 2012-04) may be supported by the following findings: 1) That the proposed code amendment is regulatory in nature and would provide for clarified implementation and enforcement of existing parking requirements and standards for day care centers. 2) That the City of Tustin has a substantial interest in protecting public health and safety, and harmony of the community by providing strengthened and clarified off-street parking requirements and standards for day care centers. 3) That the proposed amendment is consistent with the Institute of Transportation Engineers Parking Generation (4t" Edition) data. 4) That the Public Works Engineering Division has reviewed and is in support of the proposed code amendment. 5) That the proposed amendment is consistent with the Tustin General Plan Circulation Element in that it complies with the following goals and policies: a. Goal 7: Provide for well-designed and convenient parking facilities. b. Policy 7.2: Provide sufficient off-street parking for all land uses. C. Policy 7.3: Encourage the efficient use of parking facilities, including provisions for shared use of facilities, smaller vehicles and other provisions to improve the effectiveness of City codes and ordinances In determining whether to adopt Resolution No. 4214 to approve the conditional use permit, design review, and minor adjustment, the Planning Commission must determine whether or not the proposed project meets the required findings. A decision to approve this request may be supported by the following findings: CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 11 1) That Conditional Use Permit 2012-13 and Design Review 2012-007 are consistent with, and implement, the General Plan Land Use Element goals and policies by improving urban design in Tustin to ensure development that is both architecturally and functionally compatible, and encouraging and promoting high quality design and physical appearance in development projects. 2) That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: a. The proposed day care use is authorized pursuant to Section 9232b12 of the Tustin City Code with the approval of a Conditional Use Permit by the Planning Commission. b. The proposed use is appropriate under the General Plan Land Use Element Community Commercial designation in that a day care center is a service-oriented business that would provide a benefit to working parents in the community and a safe and caring environment for children. c. That the proposed hours of operation are consistent with other similar uses and surrounding businesses. d. As conditioned, Conditional Use Permit 2012-13 may be reviewed as often as necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-13 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. e. The implementation/application of the proposed conditions would ensure compatibility of the proposed use with the surrounding uses and the Tustin City Code. f. The Tustin Police Department has reviewed the application and has no immediate concerns. 3) That pursuant to Section 9272(c) of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: a. Height, bulk, and area of buildings; b. Setbacks and site planning; b. Exterior materials and colors; c. Type and pitch of roofs; CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 12 d. Size and spacing of windows, doors, and other openings; e. Roof structures; f. Landscaping, parking area design and traffic circulation; g. Location, height and standards of exterior illumination; h. Location and appearance of equipment located outside of an enclosed structure i. Location and method of refuse storage; j. Physical relationship of proposed structures to existing structures in the neighborhood; k. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and I. Development guidelines and criteria as adopted by the City Council. Items "a" through "I" have been considered in that, as conditioned, the new building would enhance the site and be harmonious with the highest standards of improvements in the surrounding area and community. 4) That granting of Minor Adjustment 2012-02 shall not constitute a grant of a special privilege inconsistent with the limitation upon other properties in the vicinity and district in which the subject property is situated based on the following findings: a. That the location of the property at two street intersections prescribed special circumstances in that additional building setbacks from two streets are required thereby limits site and building design for day care centers. b. The intent of the parking regulation as prescribed in the General Plan is preserved in that the reduction of parking spaces by five (5) percent, can be supported by the submitted Parking Study and ITE Parking Generation studies. C. The parking provided will be sufficient to serve the use intended and potential future uses of the same site in that the submitted Parking Study and ITE Parking Generation information demonstrates that parking demand would be accommodated by the proposed twenty-two (22) parking spaces provided and any future conversion to a retail use would require converting portions of playground area to provide a total of twenty-six (26) parking spaces. d. The adjusted decrease in the number of parking spaces shall not be detrimental to the public health, safety or general welfare or materially injurious to properties located in the general vicinity in that the child day care use is conditioned to create and maintain a parking and drop-off/pick-up policy in place that addresses proper and safe procedures. e. That should the City exercise its authority to widen Newport Avenue and Walnut Avenue, Tustin City Code Section 9273(f) exempts the use of the land and structure which is made "non conforming" either in design or arrangement due to acquisition of public right-of-way. As such, reconfiguration of the play area to accommodate the State's Community Care licensing requirement and reduction of parking spaces to sixteen (16) spaces at time of public right-of-way acquisition could be accommodated. CA 2012-04, CUP 2012-13, DR 2012-007, MA 2012-02 December 11, 2012 Page 13 ENVIRONMENTAL An Initial Study and Draft Negative Declaration was prepared for CA 2012-04 in conjunction with the Parking Code Update (Code Amendment 2012-03 - Ordinance 1418). The text amendment proposed by the applicant is incorporated within the Parking Code Update. The proposed amendment is presented to the Planning Commission in both the Kiddie Academy request and Parking Code Update to provide the opportunity for the subject project to continue its entitlement process on the chance that the Planning Commission desires more time to consider the Parking Code Update. The proposed day care center is considered a categorically exempt project, pursuant to Section 15303 of the California Environmental Quality Act in that the project is located within an urbanized area and involves less than 10,000 square feet of building area. Ed e V. Hutter Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Location Map and Land Use Fact Sheet B. Submitted Plans C. Sample Materials Board D. Kiddie Academy Parking Study E. Resolution No. 4213 F. CA 2012-04 Initial Study and Draft Negative Declaration G. Resolution No. 4214 ATTACHMENT A LOCATION MAP LAND USE FACT SHEET LOCATION MAP VAR 2012-02, CUP 2012-13, DR 2012-007 14501 NEWPORT AVE. L,`HT LEA 300' 500' e ..o o' 00 0 ❑O ° o o ° (C�14R.7 wr.fmWmN[f o a gC-�245fl l r a� ti LAND USE APPLICATION FACT SHEET 1, LAND USE APPLICATION NUMIBER(S): CA 2012-04 VAR 2012-02 CUP 2012-13 DR 2012- 007 2. LOCATION: 14501 Newport Ave. 3. TOWNSHIP:05 RANGE: 09 SECTION: 16 4. APN(S): 402-151-03 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: N/A 6. SURROUNDING LAND USES: NORTH: Commercial SOUTH: Commercial EAST: Commercial WEST: Residential 7. SURROUNDING ZONING DESIGNATION: NORTH: Retail Commercial (C-1) SOUTH: Retail Commercial (C-1) EAST: Commercial General (CG) WEST: Multiple Family Residential (R3) 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Community Commercial SOUTH: Community Commercial EAST: Communitv Commercial WEST: High Density Residential 9. SITE LAND USE: EXISTING PROPOSED (INTERIM) PROPOSED (ULTIMATE) Use: Vacant Tennis Center Day Care Center Day Care Center Zoning: Retail Commercial No Change No Change General Plan: Community Commercial No Change No Change DEVELOPMENT FACTS: PRO'PO'SED (INTERIM) PROPOSED (ULTIMATE) 10. LOT AREA: (Existing) 22,300 22,300 S.F. 19,400 S.F. (approx.) S.F. 0.52 ACRES 11. BUILDING LOT N/A MAX. 28.4 % 32.6 % COVERAGE: PERMITTED 12. SITE LANDSCAPING: N/A REQUIRED 13 OPEN SPACE: N/A REQUIRED N/A NIA 14. PARKING: 1 per staff plus 1 1 per staff plus 1 per 10 1 per staff plus 1 per 10 per 5 students: students with drop- students with drop- off/pick-up: off/pick-up: 34 spaces 22 spaces 16 spaces 15. BUILDING HEIGHT: 35 feet MAX. 26 feet 26 feet PERMITTED 16, BUILDING REQUIRED SETBACKS: FRONT 65 feet from 75 feet from centerline 75 feet from centerline centerline SIDE 65 feet from 68 feet from centerline 68 feet from centerline centerline (Walnut (Walnut Ave.) (Walnut Ave.1 Ave. REAR 5 feet 10 feet 10 feet 17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) N/A ATTACHMENT B SUBMITTED PLANS 0'UI 'SOOIAA3 ❑BIS3Q 7d.E,PhV•r �r unr, i.VSuum+vJ�m r�oIfvOvSbNI �YY VI°N"R7J(l �1��+°E�i�iSflkIl klI++k l�p�k•�°� -�:�:� t 9 Q� U N W - - xE CL a 3 £a U (if �+.e�+� > s -dti z 3�ry pKfl s + H�9i� O °a.F ¢ r„�,- v .,S i�= g a_� a � •x _ls, as :[° �i 3 n N 3 A V 1 HQ d M3 N a'z A d y ' / 4POC� 3A40000N r 2 � — _ 9 ea ISI - I o z — <O g S n s J � - s o �y :g I Isi it xirv. _ _ 1 B � Ni Pg g r O .,� OAL (.e�w'III�J u0en1 �° dP;ldM�i�Pd�Blh�� �B g�s a fV +v maUm 'q 7 N 1 Ob�b onJ sao>aioSuSPsoaadepy ;enj'.cQ..yt,=v"Pp" w 9 P 0 g6 U� 5 p n tl "o tl tl ! i e E r y ga 9g0 < z � z g g o ' Q g v g i o ` 4°s`Bg@'gg6lppS B9 @Q ai �. E E a LI C_ El u D � � C �l 'I z � B I V A. @ G• LII ' W uri i Zllr- nav OALt6 iwulily.0 unsnl yyam�,, it tit tt �.t -�1 dls iii .. v � m.0., �i„v Vuodmai lUSFI +yY ! tii til iPs. auj `saoin,iag n9t5op ldr,ptr Pel,Wu,Py e.,mrly iP11'I���li n! • ,...ewe In. 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AMR �« & - } E . � L- - .1 F1 - 2�d = �\ 2 d / 2 § � ¥\. � A ¥ � » mn = @ § �w w . /\ ccf u t � . 12 ATTACHMENT D KIDDIE ACADEMY PARKING STUDY PROPOSED KIDDIE ACADEMY® OF TUSTIN O II 0 o o CHILD CARE LEARNING CENTERS AUGUST 6, 2012 RECEIVED SEP 13 2012 COMMUNITY DEVELOPMENT BY: Kiddie Academy of Tustin, CA 14501 Newport Ave OPERATIONAL INFORMATION Days of Operation: Monday thru Friday Hours of Operation: 6:30 AM - 6:30 PM Holiday Closings: 6 Major Holidays Square Footage: Approximately 6,000 SF OCCU'PANTCHART Room Age Students per Capacity Staff Administrative Staff 1 Infant 4 12 3 2 Twos 12 24 2 3 Threes 12 24 2 4 Fours 12 24 2 5 Fives 12 24 2 Totals 108 11 1 2 OUTDOOR PLAY AREA Infant/Toddler Playground Schedule • The largest infant/toddler group size at any given time would be 12 children allowing 75 square feet per child. Morning Staff/Child Ratio Age Group Time Schedule 1 4 Infant 10 00 - 10:30 AM Afternoon Staff/Child Ratio Age Group Time Schedule 1 4 Infant 2:30 - 3:00 PM Pre-School and School Age Playground Schedule • The largest group size at any given time would be 24 children allowing 75 square feet per child. Morning Staff/Child Ratio Age Group Time Schedule 1 12 2 years 9.30 — 10:00 AM 1 12 3 years 10:00 - 10 30 AM 1.12 4 years 10:30 - 11:00 AM 1'12 5 years 11:00 - 11 30 AM Afternoon Staff/Child Ratio Age Group Time Schedule 1:12 2 years 2:30 — 3 00 PM 1 12 3 years 3:00 - 3 30 PM 1:12 4 years 3:30 - 4:00 PM 1 12 5 years 4,00 - 4:30 PM 3 s TRAFFIC FLOW HOURS OF OPERATION: 6:30 AM - 6:30 PM CAPACITY 108 PARENT PARKING DROP OFF AM Children Drop Children Drop Cumulative Time off Cumulative Children Number of Cars Times Off Children Number of Cars 6.30-640 2 2 1 800-8.10 9 54 6 6.40-6.50 3. 5 2 810-8.20 9 63 6 650-7.00 3 8 2 8.20-8.30 8 71 6 7.00-7.10 4 12 3 8.30-8.40 8 79 6 7.10-720 5 17 4 8.40-8.50 8 87 6 770-7 30 6 23 4 850-9.00 8 95 6. 7:30-7.40 6 29 4 900-930 5 100 4 740-7'50 8 37 6 9'.30 - 10.00 3 103 2 750-8 00 8 45 8 1000- 10.30 2 105 1 .PICK-UP PM Children Cumulative Time Pick up Cumulative Children Number of Cars Time Pick up Children Number of Cars 3.00-3 10 1 107 1 4.40- 5.00 7 75 5 310-3:20 2 105 1 5.00-5.10 8 67 6 320-3 30 2 103 1 5,10-5.20 9 58 6 3.30 -3 40 3 100 2 520-530 10 48 7 3.40 -3 50 3 97 2. 5 30-5 40 10 38 7 3.50-4 00 3 94 2 5.40-5.50 10 28 7 400 410 3 91 2 550-600 9 19 6 410 -420 4 87 3 600-610 8 11 6 4 20 -4 30 5 824 6.10-620 _ 4 3 _ 430-440 5 77 -4--T20.-630 4 0 3 PARENT AND STAFF PARKING TOTAL(AM) otal Care Total Cars Time Staff (Staff 8 Parents) Time Staff (Staff 8 Parents) 6 30-6.40 2 4 800-8:10 8 14 6.40-6:50 3 5 810-8.20 9 15 6'.50-7.003 5 820-8 30 10 15 7.00-710 3 6 8.30-8:40 11 16 :40 710-7:20 4 7 8 -850 12 17 720-7'30 5 9 8,50-9'00 12 18 7.30-7.40 5 9 9'.00-9:30 1a 17 7'.40-7:50 6 12 9'30'-10:00 13 15 7.50-8'.00 7 12 1000-1030 1 14 1 15 Mid-day Maximum Total Cars 1030-3.00 12 TOTAL PM Total Cars Total Cars Time Staff (Staff 8 Parents) Time Staff (Staff 8 Parents) 3 00-3.10 15 15 4.40-500 9 14 310-3.20 15 16 500- 5.10 8 14 320-330 14 15 510-5:20 7 14 3 30-340 14 16 5.20-5.30 6 13 340-350 12 14 530-540 5 12 3.50-400 T1 13 5.40- 550 4 11 4.00-4.10 11 13 5-50-600 3 9 4:10-4:20 11 13 6'.00-6:10 2 B 4.20.-4.30 10 13 6:10-6.20 2 5 4:30-4140 9 13 6.20-6:30. 2 5 4 TRAFFIC FLOW RESULTS Drop off / Pick up Schedules of Children • Approximately six (6) to seven (7) parent cars are projected during peak drop off/pick up intervals of 10 minutes. • Most children begin arriving during the hours of 7:00 - 9:00 AM. Approximately 1/3 of children enrolled in program are 2 sibling households. • Pick up begins between the hours of 3:00 - 6:30 PM with interval patterns of every 12 minutes. Staff Parking • A maximum of eleven (11) teachers and one (1) administrator are planned to maintain staff/child ratios and management of the academy throughout the day. This equates to a total of fifteen (12) staff members. • Approximately 15% of staff is dropped off at the academy or has another means of transportation to the academy, Total Projected Parking Requirement The projected maximum number of parent and staff cars for any period of time is eighteen (18). 5 PROPOSED KIDDIE ACADEMY® OF TUSTIN 0 � � CHILD CARE LEARNING CENTERS OCTOBER 19 2012 0 Kiddie Academy of Tustin, CA 14501 Newport Ave OPERATIONAL INFORMATION Days of Operation: Monday thru Friday Hours of Operation: 6:30 AM - 6:30 PM Holiday Closings: 6 Major Holidays Square Footage: Approximately 6,000 SF OCCUPANT CHART Room Age Students per Capacity Staff Administrative Staff 1 Toddlers 6 6 1 2 Twos 12 24 2 3 Threes 12 24 2 4 Fours 12 24 2 5 Fives 12 24 2 Totals 102 9 1 2 OUTDOOR PLAY AREA Infant/Toddler Playground Schedule • The largest toddler group size at any given time would be 6 children allowing 75 square feet per child. Morning Staff/Child Ratio Age Group Time Schedule 1 6 Toddler 10:00 - 10:30 AM Afternoon Staff/Child Ratio Age Group Time Schedule 1 6 Toddler 2:30 - 3:00 PM Pre-School Playground Schedule • The largest group size at any given time would be 24 children allowing 75 square feet per child. Morning Staff/Child Ratio Age Group Time Schedule 1 12 2 years 9:30 — 10:00 AM 1 12 3 years 10:00 - 10:30 AM 1:12 4 years 10 30 - 11:00 AM 1 12 5 years 11 00 - 11:30 AM Afternoon Staff/Child Ratio Age Group Time Schedule 1:12 2 years 2:30 — 3:00 PM 1:12 3 years 3:00 - 3:30 PM 1:12 4 years 3:30 - 4:00 PM 1:12 5 years 4:00 - 4:30 PM 3 rR ° TRAFFIC FLOW HOURS OF OPERATION: 6:30 AM - 6:30 PM 6:50-700 3 8 2 8.20-8.30 8 70 6 7.00-710 4 12 3 8.30-8'40 8 78 6 710-720 5 17 4 840-850 8. 86 5 7.20 7.30 6 23 5 8.50-9.00 7 93 7.30-740 6 29 5 900-930 5 98 4 740-750 7 36 5 930- 10.00 3 101 2 7.50-8.00 8 44 6 1000- 10:30 2 102 1 PICK-UP PM Children Cumulative Time Pick up Cumulative Children Numberof Cars Time Pick up Children Number of Cars 3.00-310 1 102 1 4'.40-5.00 7 70 5 3.10-3.20 2 100 2 5:00-5:10 7 63 5 3.20-3.30 2 98 2 5'.10-5.20 9 54 7 3:30-3'.40 3 95 2 520-530 9 45 7 3'.40-350 3 92 2 530-540 9 36 7 3.50-4 00 3 89 2 5.40-550 9 27 7 4.00-410 3 86 2 5:50-6:00 8 19 6 4' 20 4. 82 3 6'.00-8'.10 7 12 5 420-430 5 77 4 610-62D 7 5 5 4.30-4.40 5 72 4 620-630 5 0 4 PARENT AND STAFF PARKING TOTAL(AM) Total Cars Total Cars Time Staff (Staff 8 Parents) Time Staff (Staff 8 Parents) 6.30-6'.40 2 4 8.00-8.10 7 13 6'.40-6:50 2 5 8.I0-8:20 8 14 6:50-7'00 3 5 8.20-8',30. 8 1.4 7.00-710 3 6 8.30-840 9 15 7.10-720 4 7 840-8.50 10 16 7'.20-730 4 8 8.50-900 10 15 7.30-740 5 9 9:00-930 10 13 740-750 5 10 930-10.00 10 12 7:50-6'.00 8 12 10'.00- 10'.30 16 17 Mid-day Maximum Total Cars 1030-5'00 9 TOTAL(PM) Total Cars '�� Total Cars Time Staff (Staff 8 Parents) Time Staff (Staff 8 Parents) 300310 10 11 440-5'00 7 12 310-320 10. 11 5:00-510 6 11 3.20-330 10 11 510-520 5 12 3.3D-3'40 10 12 520-5.30 5 11 3'40-3.50 9 12 1 1 5.30-5'.40 4 11 3.50-400 9 11 Iii 5.40-5.50 3 10 4.00-4.10 9 11 5'.50-600 3 8 4:10420 9 11 6 00-6 10 2 7 420-430 1 8 1 610-6.20 1 7 4.30-440 8 11 620-630 1 5 4 TRAFFIC FLOW RESULTS Drop off I Pick up Schedules of Children • Approximately four (4) to six (6) parent cars are projected during peak drop off/pick up intervals of 10 minutes. • Most children begin arriving during the hours of 7:00 - 9:00 AM Approximately 1/3 of children enrolled in program are 2 sibling households. • Pick up begins between the hours of 3:00 - 6:30 PM with interval patterns of every 12 minutes. Staff Parking • A maximum of nine (9) teachers and one (1) administrator are planned to maintain staff/child ratios and management of the academy throughout the day. This equates to a total of ten (10) staff members. • Approximately 15% of staff is dropped off at the academy or has another means of transportation to the academy. Total Projected Parking Requirement • The projected maximum number of parent and staff cars for any period of time is sixteen (16). 5 ATTACHMENT E RESOLUTION NO. 4213 RESOLUTION NO. 4213 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 1425 APPROVING CODE AMENDMENT 2012-04 AMENDING PARKING REQUIREMENTS FOR CHILD DAY CARE CENTERS. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Code Amendment 2012-04 was filed by Mr. Joseph Haikal requesting an amendment to the parking code allowing the child day care center to have an optional parking ratio of one (1) parking space per employee plus one (1) parking space per every ten (10) children with adequate drop-off/pick-up area. B. That the proposed minor code amendment is regulatory in nature and would provide for clarified implementation and enforcement of existing parking requirements and standards for day care centers C. That the City of Tustin has a substantial interest in protecting public health and safety, and harmony of the community by providing strengthened and clarified off-street parking requirements and standards, particularly for day care centers. D. That the proposed amendment is considered a "project' subject to the terms of the California Environmental Quality Act ("CEQA"). That an Initial Study has been prepared in conjunction with Code Amendment 2012-03 (Parking Code Update) to evaluate the potential environmental impacts associated with the project and concluded that the project could not have a significant effect on the environment, and a Negative Declaration (ND) was prepared. E. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20-day public review and comment period from November 22, 2012, to December 11 , 2012, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines. F. That a public hearing was duly noticed, called, and held for Code Amendment 2012-03 on December 11, 2012, by the Planning Commission. G. That the proposed amendment is consistent with the Tustin General Plan Circulation Element in that it complies with the following goals and policies: Exhibit A Resolution No. 4213 CA 2012-04 Page 2 a. Goal 7: Provide for well-designed and convenient parking facilities. b. Policy 7.2: Provide sufficient off-street parking for all land uses. c. Policy 7.3: Encourage the efficient use of parking facilities, including provisions for shared use of facilities, smaller vehicles and other provisions to improve the effectiveness of City codes and ordinances. Il. The Planning Commission hereby recommends that the City Council adopt Negative Declaration for Code Amendment 2012-04 and adopt Ordinance No. 1425, amending various sections of Part 6 of Chapter 2 of Article 9 of the Tustin City Code related to off-street parking, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11th day of December, 2012. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4213 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of December, 2012. ELIZABETH A. BINSACK Planning Commission Secretary __ 1 EXHIBIT A OF RESOLUTION NO. 4213 DRAFT ORDINANCE NO. 1425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN AMENDING PART 6 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE RELATED TO DAY CARE CENTERS PARKING REQUIREMENTS The City Council of the City of Tustin does hereby ordain as follows: Section 1. The City Council finds and determines as follows: A. That the Parking Ordinance was adopted in 2008 and provided standards for day care centers. That the proposed amendment would provide an optional criterion for day care center parking ratio of one (1) space per staff member and one (1) space for every ten (10) students with adequate drop-off and pick-up areas. B. That the City of Tustin has a substantial interest in protecting the public health and safety, and harmony of the community by providing strengthened and clarified off-street parking requirements and standards. C. That on December 11, 2012, a public hearing was duly noticed, called, and held on minor Code Amendment 2012-04 by the Planning Commission. D. That on , 2013, a public hearing was duly noticed, called, and held on Code Amendment 2012-04 by the City Council. E. That the proposed amendment is considered a "project" subject to the terms of the California Environmental Quality Act ("CEQA"). That the City has prepared an Initial Study and Negative Declaration for the Code Amendment in conjunction with Code Amendment 2012-03 (Parking Code Update) in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act. F. That the proposed amendment is consistent with the Institute of Transportation Engineers Parking Generation (4th Edition) data. G. That the Public Works Engineering Division has reviewed and is in support of the proposed code amendment. H. That the proposed amendment is consistent with the Tustin General Plan in that it complies with the following goals and policies: Circulation Element Goal 7: Provide for well-designed and convenient parking facilities. Policy 7.2: Provide sufficient off-street parking for all land uses. Policy 7.3: Encourage the efficient use of parking facilities, including provisions for shared use of facilities, smaller vehicles and other Draft Ordinance 1425 CA 2012-04 Page 2 provisions to improve the effectiveness of City codes and ordinances. Section 2. Subsection 9263g Table 1 of the Tustin City Code, regarding Child Day Care Center parking is hereby amended as follows: Land Use Type Parking Spaces Required Child day care centers 1 space for each employee and teacher on maximum shift, plus 1 space for each 5 children at maximum enrollment, or, 1 space for each employee and teacher on maximum shift plus 1 space for each 10 children at maximum enrollment if adequate drop-off facilities provided. Drop-off facilities must be designed to accommodate a continuous flow of passenger vehicles to safely load and unload children. The adequacy of drop-off facilities proposed shall be determined by the approval body for the proposed use. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this day of_, 2013. JOHN NIELSEN, Mayor PAMELA STOKER, City Clerk Draft Ordinance 1425 CA 2012-04 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1425 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1425 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the — day of , 2013 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2013 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Published: APPENDIX F INITIAL STUDY AND NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPARTMENT S 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project 'l'itle: Code Amendment 2012-03 (CA 2012-03) Parking Code Update Code Amendment 2012-04 (CA 2012-04) Amendment to Dayeare Facility Parking Requirement Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Edmelynne Hutter Phone: (714) 573-3174 Project Location: Citywide Project Sponsor's Name and Address: City of Tustin General Plan Designation: All Zoning Designation: All Project Description: Code Amendment 2012-03 and Code Amendment 20120-04 amend the Tustin City Code providing an updated parking ordinance with minor text amendments. The updated parking requirements will provide clarified implementation and enforcement of existing parking requirements and standards. Surrounding Uses: N/A North: East: South: West: Other public agencies whose approval is required: ❑ Orange County Fire Authority ❑ City of Irvine ❑ Orange County Health Care Agency ❑ City of Santa Ana ❑ South Coast Air Quality Management District ❑ Orange County EMA ❑ Other 1 CA 2012-03 & CA 2012-04 City of Tustin B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact' as indicated by the checklist in Section D below. ❑ Aesthetics ❑Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: Z I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that although the proposed project MAY have a "potentially significant impact' or"potentially significant unless mitigated impact' on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Preparer: Edmelvnne V. Hurter Title Associate Planner Date 11/22/2012 Elizabeth A. Binsack, Community Development Director 2 CA 2012-03 & CA 2012-04 City of Tustin D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact"entries when the determination is made and EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact"to a"Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program FIR, or other CEQA process, an effect has been adequately analyzed in an earlier FIR 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 normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 3 CA 2012-03 & CA 2012-04 City of Tustin 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. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: lin pact Incorporated impact Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic El El El vista? b) Substantially damage scenic resources, 1:1 El El including, but not limited to, tress, 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 El El El which would adversely affect day or nighttime views in the area? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in Conjunction with this project. a) No Impact.. The City of Tustin General Plan encourages protection of scenic views and resources through the Hillside Review process; monitoring and limiting development of Peters Canyon Ridgeline consistent with the requirements of the East Tustin Specific Plan; and through implementation of the Grading and Excavation Code and Grading Manual. No physical improvements are proposed in conjunction with this project. The parking ordinance updates do not exempt individual projects from review. Impacts related to any future project would be identified and evaluated in conjunction with the applicable specific plan or other review document and may be subject to separate CEQA review. Therefore,these projects 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. Impacts related to any future project would be identified and evaluated in conjunction with the applicable specific plan or other review document and may be subject to separate CEQA review. Therefore no impacts are forecast from the implementation of the proposed project. c) No Impact. The parking ordinance amendment and updates do not exempt individual projects from review. Impacts related to any future project would be identified and evaluated in conjunction with the applicable zoning code, specific 4 CA 2012-03 & CA 2012-04 City of Tustin plan, or other review document and may be subject to separate CEQA review. Therefore, no impacts are anticipated from the implementation of the proposed projects. d) No Impact. The parking ordinance amendment and updates addresses lighting for parking lots and loading areas consistent with the Security Ordinance. A photometric plan and additional review would be required on a case-by-case basis for any lighting proposed. Therefore, there is no impact associated with these projects. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Mitigation Impact Impact Incorporated 11. 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 El ❑ ❑ z 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 El ❑ agricultural use, or a Williamson Act contract? c) Involve other changes in the existing ❑ ❑ ❑ z environment which, due to their location or nature, could result in conversion of Farmland,to non- agricultural use? Discussion: The proposed project will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with this project. 5 CA 2012-03 & CA 2012-04 City of Tustin a) No Impact. 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. Amendments to the parking ordinance will not result in conversion of farmland to a non-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 forecasted to occur as a result of implementation of the proposed projects. c) No Impact. As described in Response ILb above, the proposed projects will not directly impact or result in the conversion of existing farmland uses to non-agricultural uses. Therefore, no impacts are forecasted to occur as a result of implementation of the proposed projects. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct ❑ ❑ ❑ implementation of the applicable air quality plan? b) Violate any air quality standard or ❑ ❑ ❑ Z 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 ❑ ❑ ❑ Z substantial pollutant concentrations? 6 CA 2012-03 & CA 2012-04 City of Tustin C) Create objectionable odors affecting a ❑ ❑ ❑ substantial number of people? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with this project. a) No Impacts. The proposed projects 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 amendments to the zoning code. Impacts related to any future project would be identified and evaluated in conjunction with applicable specific plan(s) or other review document and may be subject to separate CEQA review. Therefore, no impacts are forecasted to occur as a result of implementation of the proposed projects. b-e) No Impacts. Grading and development activities are not associated with the proposed parking code amendments. Impacts related to any future project would be identified and evaluated in conjunction with applicable zoning specific plan(s) or other review document and may be subject to separate CEQA review and will be 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 (June 17, 2008) 2. A GUIDE TO THE FARMLAND MAPPING AND MONITORING PROGRAM, 2004 EDITION http://www.coiiservation.ca.gov/dlrp/finiiip/Docuiiieiits/fmmt) iyuide2004.pdf Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 7 CA 2012-03 & CA 2012-04 City of Tustin Issues: Potentially Less Than Less ]'ban No Significant Significant Significant Impact hnpact With Impact Mitigation Incorporated 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? 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 I-labitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: The proposed project will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with this project. 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 parking 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 CGQA review. Therefore, no impacts will result with implementation of the proposed projects. 8 CA 2012-03 & CA 2012-04 City of Tustin c) No Impact. In accordance with the City's existing permit (Order No. R8-2009-0030 and 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 carry sediment during a storm event to impair the water quality. Any future project that is considered a priority project will be required to prepare a Water Quality Management Plan (WQMP) to ensure runoff from the site due to ongoing operations do not impair water quality downstream. Therefore, no impact is anticipated as part of the parking 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 parking code amendment does not propose any physical changes. 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 and conditions of approval limiting grading activities. Therefore, no impacts are anticipated from the implementation of the proposed projects. e) No Impact. The City's General Plan Conservation/Open Space/Recreation Element encourage continued maintenance of significant tree stands. The parking ordinance requires landscaping, including trees and shrubs, in areas at the parking lot that are not used as part of the parking and circulation area. Future individual projects would be subject to further review for consistency with any local policies or ordinances protecting biological resources. Therefore, there is no impact. I) 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 amendments to the parking 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 projects have no impact. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code 3. Department of Fish and Game, NCCP http://NvvsA.dfL,,.ca.gov/habcon/nccp/iridex.htmi 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 El ❑ ❑ the significance of a historical resource as defined in § 15464.5? 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? 9 CA 2,012-03 &CA 2012-04 City ofTustin d) Disturb any human remains, including ❑ ❑ ❑ those interred outside of formal cemeteries? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. 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 ivill protect the visual setting of the historical site. Since the parking code amendment will not change or alter the physical environment, and each individual proposal will be subject to the City's Goals and Policies of the General Plan, the project is not anticipated to create a substantial adverse change to historical resources and no impacts are forecasted from the implementation of the proposed project. b, c) 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; however the parking code amendment proposes no physical changes. Therefore, no impacts related to archaeological resources would result from the proposed projects. d) No Impact. No physical improvements are currently proposed in conjunction with the parking code amendments. As such, the project will not adversely affect, destroy or disturb human remains. Impacts related to anv future project would be identified and evaluated 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 (June 17, 2008) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated VI GEOLOGY AND SOILS. Would the project: a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: 10 CA 2012-03 &CA 2012-04 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated i. Rupture of a known ❑ ❑ ❑ earthquake fault, as delineated on the most recent Alq�uist- 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, El 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? d. Be located on expansive soil, as ❑ ❑ defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately ❑ ❑ supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. 11 CA 2012-03 & CA 2'012-04 City of Tustin a (i) 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 Amendments propose no physical changes and individual 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 proposed projects. a (ii) 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 at within the Planning Area if an earthquake occurs on a segment of the active faults in the region. Under current seismic design standards and California Building Code (CBC) provisions, new buildings would incur only minor 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 parking code amendments and individual projects would be subject to the California Building Code and the SEAOC guidelines, no impacts will occur as part of these projects. a (iii-iv) No Impact. There is no development associated with the parking code amendments and individual projects would be subject to the California 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 these projects. 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 Storm Water Pollution Prevention Plan (SWPPP) to the Santa Ana Regional Water Quality Management Plan (RWQMP) for compliance with the Statewide NPDES for construction activity. The SWPPP would contain Best Management Practices (BMPs) as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non-storm water management, and materials and water management. A standard condition of approval requiring BMP's as part of individual development plans will be required prior to issuance of a grading permit for any future project. Therefore, no impacts will occur as part of these projects. c-d) No Impact. As indicated in VI.a(ii) above, there is no development associated with the parking code amendments and 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 these projects. e) No Impact. The proposed code amendments do not involve the use of septic tanks or alternative wastewater disposal systems. On a case-by-case basis, any future proposed project will be subject to submit a site-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 projects. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code 12 CA 2012-03 & CA 2012-04 City of Tustin 3. OC Watersheds littp://www.ocwatei-slieds.coiii/DAMP.asp Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated V11 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 ❑ ❑ E 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 ❑ E] E 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 El ❑ ❑ land use plan or, where such a plan has not been adopted, within two miles of public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? I) 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? 13 CA 2012-03 & CA 2012-04 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated g) Impair implementation of or physically ❑ ❑ ❑ interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a ❑ significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. a- c) No Impact. The projects involve the implementation of zoning code amendment for parking. 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 projects, and no mitigation measures are required. d) No Impact. These projects do not involve a specific hazardous materials site. Any new development project will be subject to review with the list compiled pursuant to Government Code Section 65962.5. A standard condition of approval will require a site-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 projects. e- I) 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 is 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. Any 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 proposed parking code amendments 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 (June 17, 2008) 14 CA 2012-03 & CA 2012-04 City of Tustin 2. City of Tustin Zoning Code Issues: Potentiallv Less Than Less Than No Significant Significant SignificantImpactImpact Impact With Impact Mitigation Incorporated VIII HYDROLOGY AND WATER QUALITY. Would the project: a) During project construction, ❑ ❑ substantially impair the water quality oaf receiving waters? In considering water quality, factors such as water temperature, dissolved oxygen levels, and turbidity should be considered. b) Following project construction, substantially impair the water quality of receiving waters? In considering water quality, factors such as water temperature, dissolved oxygen levels, and turbidity should be considered. C) Substantially alter the existing drainage ❑ ❑ ❑ pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in flooding- or off-site? d) Substantially increase the rate or ❑ ❑ ❑ amount of surface runoff in a manner that would result in flooding on- or off- site? e) Substantially alter the existing drainage ❑ ❑ pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off-site? f) Otherwise result in substantial ❑ E increased erosion or siltation on- or off-site? 15 CA 2013-03&CA 2012-04 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated g) Change runoff flow rates or volumes in ❑ a manner that substantially alters the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, and results in a significant adverse environmental impact? h) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems? i) Increase impervious surfaces and ❑ ❑ runoff in a manner that substantially impairs water quality or causes other significant adverse environmental impacts? j) Provide substantial additional sources of polluted runoff or increase the discharges of pollutants such as heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash? k) For projects that are tributary to water ❑ bodies that are listed as impaired on the Clean Water Act section 303(d) list, result in an increase of any pollutant for which the water body is listed as impaired? l) Substantially degrade or impair an environmentally sensitive area? M) Substantially degrade or impair surfaceEl z water quality of marine, fresh, or wetland waters? n) Substantially degrade or impair ❑ ❑ ❑ groundwater quality? 16 CA 2012-03& CA 2012-04 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated o) Substantially degrade aquatic, wetland, ❑ ❑ ❑ or riparian habitat? P) Otherwise substantially degrade water El ❑ ❑ El quality? q) Cause or contribute to an exceedanee ❑ ❑ of applicable surface water or groundwater receiving water quality objectives or degradation of beneficial uses? r) Violate any other water quality ❑ ❑ standards or waste discharge requirements? S) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? t) Place housing within a 100-year flood ❑ ❑ hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? U) Place within a 100-year flood hazard ❑ ❑ ❑ area structures that would impede or redirect flows? V) Expose people or structures to a El ❑ ❑ Z significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? 17 CA 2012-03 & CA 2012-04 City of Tustin Less Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated W) Expose people or structures to a ❑ ❑ ❑ significant risk of inundation by seiche, tsunami, or mudtlow? Discussion: The proposed project will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with this project. a - 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 a development project, the applicant will be required to develop and submit a SWPPP to the Santa Ana RWQMP for compliance with the Statewide NPDES for construction activity. The SWPPP would contain BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff. General BMPs applicable to construction include erosion controls, sediment controls, tracking controls, wind erosion control, non-storm water management, and materials and water management. By preparing a SWPPP for NPDES compliance in addition to the standard conditions of approval for water quality, any future project would 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. In that there is no development proposed as part of these projects, there would be no impacts. 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. Vlll.a-b, any future project would be required, as part of the standard conditions of approval, 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 these projects. d -e) No Impact. The projects includes minor text amendments to the zoning code. 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, there are no impacts associated with the implementation of the parking ordinance. I) No Impact. Compliance with the NPDES permit (refer to Response Vlll.a-b) and BMPs (discussed in Responses VIII.a-b, VIII.c, and Vlll.d above) would reduce potential water quality impacts to less than significant levels. There are no impacts associated with the implementation of the parking ordinance. g- h) No Impact. Future pro'jects may generate runoff and may increase runoff and types of pollutants (i.e.: some trash and oil/grease from vehicles) that are typically associated with parking areas. However, adherence to an approved Water Quality Management Plan will help to minimize polluted runoff into the storm drain. Since there is no development 18 CA 2012-03 & CA 2012-04 City of Tustin associated with the parking code amendments and individual projects may be subject to providing a WQMP on a case-by- case basis, no impacts will occur as part of these projects. i-j) No Impact. As described in response VIIIg-h, runoff typically increases with parking, however, there is no development associated with the zoning amendment and individual projects would be subject to providing a WQMP on a case-by-case basis. Therefore there are no impacts associated with the proposed project. k) No Impact. Any future project may generate and increase runoff and types of pollutants (i.e.: some trash and oil/grease from vehicles). As discussed in Response No. VIII a-b) and c), construction and operation of any new project will be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, any new applicant will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. Adherence to an approved Water Quality Management Plan will help to minimize polluted runoff into the storm drain. There is no development associated with these projects and individual projects would be subject to providing a WQMP on a case-by-case basis. Therefore, no impacts will occur. 1) No Impact. There is no construction proposed as part of the proposed projects. There are no Environmentally Sensitive Areas (ESA's) or Areas of Special Biological Significance (ASBS) identified on the San Diego Creek Watershed map. Therefore, there are no impacts associated with this issue. m) No Impact. If a new development or redevelopment project involves the addition of 2,500 square feet or more of impervious surface and is located within, directly adjacent to (within 200 feet), or discharging directly to receiving waters within environmentally sensitive areas, then it qualifies as a priority project and is subject to additional requirements. Since there is no development associated with these projects and individual projects would be subject to providing a WQMP on a case-by-case basis, no impacts will occur. n) No Impact. There is no development associated with these projects and future projects would be subject to individual review on a case-by-case basis, no impacts will occur as part of these projects. o) No Impact. As discussed in response Vill I, there are no Environmentally Sensitive Areas (ESA's) or Areas of Special Biological Significance (ASBS) identified on the Sand Diego Creek Watershed map. Therefore, there are no impacts associated with this issue. p - q) No Impact. As discussed in Response No. VIII a-c, 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. Accordingly, any individual applicant will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. No impact is associated with the Code Amendments. r) No Impact. As discussed in Response No. VIII a- c, any future proposed construction and operation of an individual project will be subject to comply with the requirements of the Orange County NPDES program, which is designed to reduce pollutants in storm water runoff. Accordingly, individual applicants will be required to implement BMPs as identified in the Orange County Drainage Area Master Plan (DAMP) to eliminate or reduce erosion and polluted runoff during and after construction of the proposed project. No impact areas are anticipated as part of this Code Amendments. s) No Impact. As discussed in Response No. VIII n, since there is no development associated with these projects and future projects would be subject to individual review on a case-by-ease basis, no impacts will occur as part of these projects. 19 CA 2012-03 & CA 2012-04 City of Tustin t - u) No Impact. 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 these projects. Therefore,there are no impacts associated with this issue. v) No Impact. 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 these projects. w) 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 this issue. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: I. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code 3. OC Watersheds http://www.ocwaterslieds.com/DAMP.aspx Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated IX. LAND USE AND PLANNING. Would the project: a) Physically divide an established ❑ ❑ community? b) Conflict with any applicable land use ❑ El plan, policy, or regulation of an agency with jurisdiction over the project (including,but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat ❑ ❑ conservation plan or natural community conservation plan? Discussion: 20 CA 2012-03 & CA 2012-04 City of Tustin The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. a) No Impact. The parking ordinance update will provide minor text amendments to clarify and strengthen regulations and will not divide an established community. Therefore, no impacts will occur. b) No Impact. The City's General Plan Circulation Element Implementation Program indicates the following: "Parking Ordinance Study: The City shall complete a Parking Ordinance study which will include issues such as guest parking standards, shared use of parking facilities, parking for smaller vehicles and necessary changes to City codes and regulations." This parking ordinance update will provide minor text amendments to the parking requirements to clarify and strengthen regulations. Therefore, the project is in conformance with the General Plan, and there are no conflicts related to this issue. 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 amendments to the parking 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 proposed projects. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated X MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a El 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: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. 21 CA 2012-03 & CA 2012-04 City of Tustin 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. Issues: Potentiallv Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XI NOISE. Would the project result in: a) Exposure of persons to or generation of ❑ ❑ noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of ❑ ❑ excessive groundborne vibration or groundborne noise levels? C) A substantial pennanentincrease in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic ❑ El z increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport ❑ z land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. 22 CA 2012-03 & CA 2012-04 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 development project will be subject to review on a case-by-case basis. The proposed projects would not expose people to excessive noise, therefore, no impact will occur as a result of these projects. e-I) No Impact. As indicated in response VII e-f, 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 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. Mitigation Measures/Monitoring Required': No additional mitigation measures required Sources: 1. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated X11 POPULATION AND HOUSING. Would the project: a) Induce substantial population growth ❑ 0IK 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 El ❑ ❑ existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of ❑ ❑ ❑ people, necessitating the construction of replacement housing elsewhere? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. 23 CA 2012-03 & CA 2012-04 City ofTustin a) No Impact. The Tustin Planning Area is an established and urbanized area. The parking code updates will better organize and supplement Tustin's existing parking regulations to clarify and strengthen regulations. There is no development associated with the Code Amendments. Therefore, no impact on the local or regional population is expected to occur. b) No Impact. There is no development associated with the Code Amendments Therefore, no housing would be displaced by the implementation of the proposed project. Therefore, there are no impacts associated with this issue. c) No Impact. As stated in Response No. XII b) no development is associated with the Code Amendment and 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: I. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIII PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ Police protection? El ❑ ❑ Schools? ❑ ❑ Parks? ❑ ❑ Other public facilities? ❑ 0 ❑ Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. 24 CA 2012-03 & CA 2012-04 City of Tustin a) Fire protection. No Impact. The Orange County Fire Authority provides fire protection for the City of Tustin on a contractual basis. All water mains and fire hydrants must be constructed in accordance with Orange County guidelines and are subject to approval by the Orange County Fire Authority. Adherence to these guidelines will ensure that no significant impacts on fire protection services will occur. Future projects will be subject to individual review by the Fire Authority. Therefore,there are no impacts related to fire protection. Police protection. No Impact. The Tustin Police Department provides law enforcement services within the City of Tustin. Routine and scheduled patrolling is done throughout the City and would continue as they do under existing conditions. It is not anticipated that the proposed parking amendments would require additional officers. Rather, it is assumed that the Police Department will continue to assess and evaluate its crime statistics for problem areas within the City. No impacts associated with the implementation of the parking code. Schools. No Impact. The proposed project will not provide housing that would generate demand for additional schools. The project will not increase student population necessitating a need for new or expanded school facilities. No impacts are anticipated. Parks. No Impact. The proposed projects do not propose new construction and would not attract new residents to the area. Therefore, the project would not generate a demand for additional parks. No mitigation measures are required. Other Public Facilities. No Impact. The proposed parking ordinance update addresses parking requirements for future projects. The proposed project would not result in any substantial increase in demands on other government services or public facilities such as roads, libraries, hospitals, or post offices. Future projects may generate traffic however; these impacts would be reviewed and considered on a case-by-case basis and conditions of approval included as necessary to mitigate impacts. These projects would not increase the need for maintenance of these public facilities. No mitigation measures are required. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIV RECREATION. Would the project: a) Increase the use of existing El neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 25 CA 2012-03 & CA 2012-04 City of Tustin 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: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. a-b) No Impact. The proposed projects will provide minor text amendments to the parking code. The proposed project does not involve the construction of uses that will increase demand for parks. Therefore, the proposed projects will not adversely impact existing recreational facilities. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XV TRANSPORTATION /TRAFFIC. Would the project: a) Cause an increase in traffic which is ❑ ❑ ❑ substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or ❑ cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 26 CA 2012-03 & CA 2012-04 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated d) Substantially increase hazards due to a ❑ El ❑ 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)? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. a) No Impact. Construction and operation of future projects may generate traffic. These impacts would be reviewed and considered on a case-by-case basis and conditions of approval included as necessary to mitigate impacts. The proposed project is not anticipated to impact traffic. 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 these projects. Therefore, it would have no impact and no mitigation is necessary. c) No Impact. The projects would not produce any air traffic increases, nor would impact existing air traffic patterns. No impacts are anticipated from implementation of the proposed projects. d) No Impact. The parking ordinance update will provide minor text amendments to clarify and strengthen parking regulations. This will help to ensure that individual future projects are designed to avoid hazards and be compatible with surrounding uses. e) No Impact. The proposed projects do not include any new development and will not result in inadequate emergency access. Future projects 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. I) No Impact. Individual uses and their required parking need will be updated to ensure that adequate parking capacity is provided for future projects. Therefore, there is no impact to this issue and no mitigation is necessary. g) No Impact. The projects will not conflict with adopted policies, plans, or programs supporting alternative transportation in that the parking code update are minor text amendments to Tustin's existing parking regulations and help 27 CA 2012-03 & CA 2012-04 City of Tustin provide comprehensive parking regulations. 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 (June 17, 2008) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XVI UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment ❑ ❑ ❑ requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of ❑ ❑ ❑ z new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of ❑ new storm water drainage facilities or expansion of existing facilities, the construction of which could cause. significant environmental effects? d) Have sufficient water supplies ❑ available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et. Seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). 28 CA 2012-03 & CA 3012-04 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated e) Result in a determination by the ❑ ❑ El wastewater treatment provider 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 ❑ El permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local E statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. a) No Impact. The Tustin Planning Area is located within the jurisdiction of the Santa Ana Regional Quality Control Board. Any wastewater generated by future projects would be subject to review for impacts on wastewater facilities. Typically, any increase in wastewater (lows resulting from an off-street parking project would be minimal. Future projects would be required to comply with local and state regulations to minimize any potential impacts from hazardous materials use. As discussed in Section V111. Hydrology and Water Quality, any future project would be required to implement standard BMPs to control storm water runoff at the project site. Therefore, no impacts are associated with these projects. b) No Impact. Irvine Ranch Water District (IRWD) provides water and wastewater services and the Orange County Sewer District provides wastewater services within the Tustin Planning Area. The amount of potable water needed and wastewater generated by a future project would most likely be nominal. Minor infrastructure improvements may be required to provide on-site connections from the existing water and wastewater services to any new project. These minor improvements would be reviewed on a case-by-case basis for any potential to cause significant environmental impacts. Since there are no new wastewater treatments facilities or potable water facilities will be needed as part of these projects there are no impacts. 29 CA 2012-03& CA 2012-04 City of Tustin c) No Impact. As discussed in Response No. XVI a) above, 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 would be required to implement standard BMPs to control storm water runoff at the project site. There are no impacts from implementation of the proposed project. The project would also implement 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. Therefore, there are no impacts associated with this issue. d- e) No Impact. As discussed in Response No. XVI b) above, the increase in water demand from any future project is anticipated to be nominal. New project would be reviewed on a case-by-case basis for any potential to cause significant environmental impacts. 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 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 parking code amendments do not propose any construction however, future projects would be reviewed on an individual bases. Parking is usually an accessory requirement to a main use and typically generates only a nominal increase in waste. This increase would be well within the 900 tons of waste that Bee Canyon/Bowerman Landfill can accommodate. 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 a no impact on landfill capacity. h) No Impact. 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 these projects. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: 1. City of Tustin General Plan (June 17, 2008) 2. City of Tustin Zoning Code 3. OC Watersheds http://www.ocwatersliecis.com/DAMP.asl)x 30 CA 2012-03 & CA 2012-04 City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XVII MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade E] El El the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve El E short-term environmental goals to the disadvantage of long-term environmental goals'? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) d) Does the project have environmental effects E Z which will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: The proposed projects will provide updated parking ordinance with minor text amendments for clarified implementation and enforcement of existing parking requirements and standards. No physical improvements are proposed in conjunction with these projects. a) No Impact. The proposed parking code amendments will provide minor text amendments for clarified implementation of the parking requirements. The minor text amendments will better organize and supplement Tustin's existing parking regulations. There is no development proposed as part of these Code Amendments, therefore, the projects will not have the potential to significantly impact sensitive resources. b) No Impact. As discussed in response XV11a, the parking code amendment will provide minor text amendments. The Amendments, as proposed, are consistent with the goals and objectives of the City's General Plan. Therefore, the project is not expected to have any cumulatively considerable impacts. 31 CA 2012-03 & CA 2012-04 City of Tustin c) No Impact. As demonstrated throughout this Initial Study, the proposed projects will not have any significant effects considered cumulatively considerable. d) No Impact. As demonstrated throughout this Initial Study, the Code Amendments do not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. Mitigation Measures/Monitoring Required: No additional mitigation measures required Sources: I. City of Tustin General Plan (Tune 17, 2008) 2. City of Tustin Zoning Code ,� I S COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780(714) 573-3100 NEGATIVE DECLARATION Project Title: CODE AMENDMENT 2012-03 AND CODE AMENDMENT 2012-04 Project Location: Citywide Project Description: Code Amendment 2012-03 and Code Amendment 2012-04 amend the Tustin City Code providing minor text amendments, clarification and minor updates to the parking ordinance. Project Proponent: The City of Tustin Lead Agency Contact Person: Edmelynne Hurter Telephone: (714) 573-3174 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 DECEMBER 11, 2012 Date Elizabeth A. Binsack Community Development Director ATTACHMENT G RESOLUTION NO. 4214 RESOLUTION NO. 4214 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 2012-13, DESIGN REVIEW 2012-007, AND MINOR ADJUSTMENT 2012-02, ALLOWING CONSTRUCTION AND OPERATION OF A NEW DAY CARE CENTER AT 14501 NEWPORT AVENUE WITH REDUCED PARKING. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2012-13, Design Review 2012-007, and Minor Adjustment 2012-02, was filed by Mr. Joseph Haikal requesting authorization to demolish an existing building and tennis court and construct a new 6,300 square-foot day care center located at 14501 Newport Avenue. B. That the site is located in the Retail Commercial (C-1) and has a Community Commercial General Plan land use designation. C. That the Community Commercial land use designation provides for retail, professional office, and service-oriented business activities serving a community-wide area and population. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-13, Design Review 2012-007, and Minor Adjustment 2012-02 on December 11 , 2012, by the Planning Commission. E. That Conditional Use Permit 2012-13 and Design Review 2012-007 are consistent with, and implement, the General Plan Land Use Element goals and policies by improving urban design in Tustin to ensure development that is both architecturally and functionally compatible, and encouraging and promoting high quality design and physical appearance in development projects. F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: Resolution No. 4214 Page 2 1) The proposed day care use is authorized pursuant to Section 9232b12 of the Tustin City Code with the approval of a Conditional Use Permit by the Planning Commission. 2) The proposed use is appropriate under the General Plan Land Use Element Community Commercial designation in that a day care center is a service-oriented business that would provide a benefit to working parents in the community and a safe and caring environment for children. 3) That the proposed hours of operation are consistent with other similar uses and surrounding businesses. 4) As conditioned, Conditional Use Permit 2012-13 may be reviewed as often as necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-13 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5) The implementation/application of the proposed conditions would ensure compatibility of the proposed use with the surrounding uses and the Tustin City Code. 6) The Tustin Police Department has reviewed the application and has no immediate concerns. G. That pursuant to Section 9272(c) of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 1. Height, bulk, and area of buildings; 2. Setbacks and site planning; 3. Exterior materials and colors; 4. Type and pitch of roofs; 5. Size and spacing of windows, doors, and other openings; 6. Roof structures; 7. Landscaping, parking area design and traffic circulation; 8. Location, height and standards of exterior illumination; Resolution No. 4214 Page 3 9. Location and appearance of equipment located outside of an enclosed structure; 10. Location and method of refuse storage; 11 . Physical relationship of proposed structures to existing structures in the neighborhood; 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and, 13. Development guidelines and criteria as adopted by the City Council. Items 1 through 13 have been considered in that, as conditioned, the new building would enhance the site and be harmonious with the highest standards of improvements in the surrounding area and community. H. That granting of Minor Adjustment 2012-02 shall not constitute a grant of a special privilege inconsistent with the limitation upon other properties in the vicinity and district in which the subject property is situated based on the following findings: a. That the location of the property at two street intersections prescribed special circumstances in that additional building setbacks from two streets are required thereby limits site and building design for day care centers. b. The intent of the parking regulation as prescribed in the General Plan is preserved in that the reduction of parking spaces by five (5) percent, can be supported by the submitted Parking Study and ITE Parking Generation studies. C. The parking provided will be sufficient to serve the use intended and potential future uses of the same site in that the submitted Parking Study and ITE Parking Generation information demonstrates that parking demand would be accommodated by the proposed twenty-two (22) parking spaces provided and any future conversion to a retail use would require converting portions of playground area to provide a total of twenty-six (26) parking spaces. d. The adjusted decrease in the number of parking spaces shall not be detrimental to the public health, safety or general welfare or materially injurious to properties located in the general vicinity in that the child day care use is conditioned to create and maintain a parking and drop-off/pick-up policy in place that addresses proper and safe procedures. Resolution No. 4214 Page 4 e. That should the City exercise its authority to widen Newport Avenue and Walnut Avenue, Tustin City Code Section 9273(f) exempts the use of the land and structure which is made "non conforming" either in design or arrangement due to acquisition of public right-of-way. As such, reconfiguration of the play area to accommodate the State's Community Care licensing requirement and reduction of parking spaces to sixteen (16) spaces at time of public right-of-way acquisition could be accommodated. I. That this project is Categorically Exempt pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby adopts Resolution No. 4214 approving Conditional Use Permit 2012-13, Design Review 2012-007, and Minor Adjustment 2012-02, authorizing the construction of a new 6,300 square-foot day care center with reduced parking (all contingent on City Council approval of Ordinance 1425) and subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 11th day of December, 2012. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4214 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin. California; that Resolution No. 4214 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of December, 2012. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4214 CONDITIONAL USE PERMIT 2012-13 DESIGN REVIEW 2012-007 MINOR ADJUSTMENT 2012-02 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 11, 2012, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 The subject approvals shall become null and void if grading or building permits are not issued within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit (CUP) 2012-13, Design Review (DR) 2012-007, and Minor Adjustment (MA) 2012-02, is contingent on the City Council's approval of Code Amendment 2012-04, which revises daycare facility parking standards to include requiring one (1) space for every employee/staff plus one (1) space for every ten (10) children and adequate drop-off facilities. (1) 1.5 Approval of CUP 2012-13, DR 2012-007, and MA 2012-02, is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PC/CC POLICY (4) DESIGN REVIEW .. EXCEPTION Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 Conditional Use Permit 2012-13 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance CUP 2012-13, or is found, after meeting and conferring with the applicant, to be a nuisance or substantial and demonstrable negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or substantial and demonstrable negative impacts. (1) 1.8 As a condition of approval of CUP 2012-13, DR 2012-007, and MA 2012-02, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision- making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.10 Approved uses shall operate within all applicable State, County, and the Tustin City Code. USE RESTRICTIONS (5) 2.1 The applicant shall develop and maintain a student drop-off / pick-up policy, which shall be provided to parents prior to starting services. (5) 2.2 Interim Day Care Use shall be considered as the period of use of the property as a daycare facility before the widening of Newport Avenue and Walnut Avenue to its ultimate right-of-way width. During Interim Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 3 Daycare Use, the applicant shall operate the daycare facility as follows: a. Operate with maximum 108 students and twelve (12) employees. b. Provide and maintain twenty-two (22) parking spaces on the property. (5) 2.3 Ultimate Day Care Use shall be considered as the period of use of the property as a daycare facility after the widening of Newport Avenue and Walnut Avenue to its ultimate right-of-way width. In the event the City widens Newport Avenue and Walnut Avenue, the applicant shall accommodate the widening and operate the daycare facility as follows: a. Operate in compliance with applicable State regulations including reducing the number of on-site parking to sixteen (16) spaces to accommodate playground area requirements. b. Relocate the playground fencing to the ultimate right-of-way. *** 2.4 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. The mitigation measures may include: • Adjust hours of operation • Reduce the number of students and staff • Provide additional parking spaces (5) 2.5 In the event the property is no longer used as a daycare facility, the applicant shall convert the property to commercial use as follows: a. Remove playground fencing and replace with landscaping. b. Expand the parking lot into the adjacent playground area in the west corner of the property and provide a minimum of twenty- six (26) parking spaces to accommodate the required number of parking spaces for retail uses at a rate of 1 space per 250 square feet. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 4 (1) 2.6 The property owner and/or preschool operator shall comply with the interior and exterior noise standards for residential properties, as set forth in Tustin City Code Section 4614. (1) 2.7 No amplified sound devices are permitted outside of the building. PLANNING AND BUILDING (5), (6) 3.1 The applicant shall provide detailed landscape plans, including plant species and quantity, at formal plan check submittal. (1) 3.2 The project shall comply with parking lot landscape requirements (TCC 9266e) and shall incorporate into the plans the required number of trees for perimeter landscaping. (1) 3.3 The project shall comply with the Water Efficient Landscapes Ordinance (Tustin City Code 9701 et al). (5), (6) 3.4 The project shall comply with the Synthetic Turf Standards per Ordinance No. 1398. (1) 3.5 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code and 2011 Green Building Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council. 3.6 The applicant shall obtain a license from the State of California Community Care Licensing Division and provide a copy to the City prior to commencement of daycare use. (5) 3.7 All utilities shall be placed underground. (5) 3.8 Exterior walls and fencing shall be treated with graffiti-resistant coating. '•' 3.9 Prior to issuance of grading permits and building permits, the applicant shall provide documentation from the Orange County Health Care Agency stating the project site is suitable for a child day care use. GRADING (1) 4.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 5 (1) 4.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 4.3 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The plan shall be consistent with the approved site and landscaping plans. (1) 4.4 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. (1) 4.5 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). A Priority WQMP shall identify: Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off, the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1), (5) 4.6 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1), (5) 4.7 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs Consent to Inspect, and Indemnification", with the County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. STREET IMPROVEMENT (5) 5.1 Pursuant to Tustin City Code Section 9271x and in conformance with the Circulation Element of the City of Tustin General Plan, prior to issuance of any permit, the applicant shall provide an irrevocable offer to dedicate in fee title ten (10) feet of additional street right-of- way along the project frontage of Newport Avenue to its ultimate Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 6 major arterial width and ten (10) feet of additional street right-of-way along the project frontage of Walnut Avenue to its ultimate primary arterial width, including the corner cut-off at the southwest corner of Newport Avenue and Walnut Avenue. Dedications shall be made at no cost to the City. The applicant shall submit a legal description and plat as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. Also pursuant to Tustin City Code Section 9271x, prior to issuance of any permit, the applicant shall make a one-time ten thousand dollars ($10,000.00) cash deposit for their fair share of the cost of design and construction of the adjacent future roadway widening improvements. Dedications shall state that the City of Tustin shall be permitted to obtain, at no cost to the City, a ten (10) foot wide Temporary Construction Easement (TCE) and a right-of-entry for all on-site joins when the ultimate street improvements are constructed. The TCE and the right-of-entry shall terminate on the date that the Notice of Completion for the future City improvement project is recorded at the Orange County Clerk-Recorder's office. (5) 5.2 Upon notice from the City of impending roadway widening, the property owner shall promptly remove and relocate all private property facilities out of the roadway dedication area contained in the irrevocable offer, at no cost to the City, and meet the requirements of City of Tustin Community Development Department's standards. Private property facilities shall include, but not be limited to: playground equipment, fencing, and devices to meet water quality requirements, etc. (5) 5.3 The applicant shall design and reconstruct approximately fifty-five (55) feet of damaged sidewalk on Newport Avenue adjacent to the existing driveway. The sidewalk shall be designed and constructed to meet the current federal Americans with Disabilities Act (ADA) requirements and the City of Tustin Public Works Standards. (1) 5.4 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 5.5 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 7 Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. Said plans shall include, but not be limited to, the following: a) Curb and gutter b) Sidewalk, including curb ramps for the physically disabled c) Drive aprons d) Traffic signal e) Domestic water facilities f) Dry utility lines g) Sanitary sewer facilities h) Landscape/irrigation i) Street lighting j) Catch basin/storm drain laterals connection to existing storm drain system (1) 5.6 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 5.7 Current federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin Public Works Standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. WATER IMPROVEMENTS (1) 6.1 The water improvement plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (5) 6.2 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 8 a) If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b) If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. c) If the applicant proposes to use an irrigation system, then a separate water meter may be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross-connection with the public water system. (5) 6.3 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk-Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1), (5) 6.4 A release/approval from the East Orange County Water District (EOCWD) shall be obtained prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (1), (5) 6.5 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by OCFA. Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (1) 6.6 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 9 SOLID WASTE RECYCLING (1), (5) 7.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a) The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. b) The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. c) Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". MISCELLANEOUS — PUBLIC WORKS (1), (5) 8.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements; and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1), (5) 8.2 CADD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 10 reflecting "as built' conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built' CADD files have been submitted to the C ity. (1) 8.3 Prior to issuance of a Building Permit, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for sewer service connections. (1) 8.4 All trash enclosures shall utilize the City of Tustin Community Development Department Trash Enclosure Standard to accommodate at least two (2) 4-yard bins, with at least one (1) bin reserved for recyclable materials. (1) 8.5 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy for the development. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 9.1 Prior to issuance of a building permit, the applicant shall submit plans for approval for architectural review for educational occupancy (Service Code PR212). (5) 9.2 Prior to issuance of a building permit, the applicant shall submit plans for approval that show underground piping for private hydrants and fire sprinkler systems (Service Code PR470-PR475). (5) 9.3 Prior to issuance of a building permit, the applicant shall submit plans for a fire sprinkler system (Service Code PR400-PR425). (5) 9.4 Prior to concealing interior construction, the applicant shall provide a sprinkler monitoring system (Service Code PR500). An automatic fire alarm system (Service code PR500-PR520) is required for an E occupancy with two or more classrooms. (5) 9.5 Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy request. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 11 FEES (1) 10.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees. • Orange County Fire Authority fees. • Orange County Sanitation District fees. • New construction fees. • School fees. • Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin, through the Public Works Department). The fee rate schedule automatically increases on July 1st of each year. (1) 10.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.