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HomeMy WebLinkAboutPC RES 3735 RESOLUTION NO. 3735 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA CERTIFYING THE 3 FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 99-030 AND DESIGN REVIEW 4 99-038 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE ~ CALIFORNIA ENVIRONMENTALQUALITYACT. The Planning Commission of the City of Tustin does hereby resolve as ? follows: s I. The Planning Commission finds and determines as follows: 9 A. That Conditional Use Permit 99-030 and Design Review 99- 038 are considered "projects" pursuant to the terms of the ~0 California Environmental Quality Act; and n B. A Negative Declaration has been prepared for this project and has been distributed for public review. ]2 C. Whereas, the Planning Commission of the City of Tustin has is considered evidence presented by the Community ~4 Development Director and other interested par~ies with respect to the subject Negative Declaration. D. The Planning Commission has evaluated the proposed Final ~6 Negative Declaration and determined that with incorporation of the mitigation measures, the project would not have a ~? significant effect on the environment. ~s II. A Final Negative Declaration, attached hereto as Exhibit A, has been ~9 completed in compliance with CEQA and state guidelines. The Planning Commission has received and considered the information 20 contained in the Negative Declaration prior to approval of the proposed project, and found that it adequately discusses the 2~ environmental effects of the proposed project. On the basis of the 22 initial study and comments received during the public hearing process, the Planning Commission finds that although the proposed .~3 project could have ~mpacts, there will not be a significant effect 24 because mitigation measures identified in the Final Negative Declaration have been incorporated into the project which mitigate 25 any potential significant effects to a point where clearly no significant effect would occur. The mitigation measures are identified in Exhibit- 26 A and are recommended as conditions of approval in Resolution No. 27 3736. 28 Resolution No. 3735 Page 2 i In addition, the Planning Commission finds that the project involves 2 no potential for any adverse effect, either individually or cumulatively, on wildlife resources and recommends that the City Council make a 3 De Minimis Inn pact Finding related to AB 3158 Chapter 1706, Statutes of 1990. 4 5 PASSED AND ADOPTED at a regular meeting of the Tustin Planning 6 Commission, held on the 12th day of June. 2000. ? 9 ~T~'I~I~ V. KOZAK i0 Chairperson 12 ELIZABETHA. BINSACK Planning Commission Secretary ]4 ~s STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ~6 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. 3735 was duly passed and adopted at a regular meeting of the Tustin Planning Commission. held on the 12th day of June, 2000. 20 22 24 ELIZABETH A. BINSACK Planning Commission Secretary 26 27 EXHIBIT A -RESOLUTION N0.3735 INITIAL STUDY/NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ~ ~~ ~~'iAL ~7T11 ~Y A. DACI~GROUND Project Title: Conditional Use Permit 99-030 and Design Review 99-038 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Bradley J. Evanson Phone: 714.573.3118 Project Location: 15761 Tustin Village Way Tustin, CA 92780 Orange County Project Sponsor's Name and Address: Mr. Carl Chavez Pathema Studio 7847 Florence Avenue Downey, CA 90241 General Plan Designation: Community Commercial Zorirg Designation: C-1 P Retail Commercial -Parking Overlay Protect Description: The applicant is proposing to construct a 4,853 square foot addition to an existing commercial building to allow for the establishment of a _- convenience store, meat market and restaurant. Surrounding Uses: North: Multiple Family Residential South: Commercial East: Commercial West: Multiple Family Residential Other public agencies whose approval is required: ^ Orange County Fire Authority ^ Orange County Health Care Agency ^ South Coast Air Quality Management District ^ Other ^ City of Irvine ^ City of Santa Ana ^ Orange County EMA B 6`,CL'P's\Cup99030 initstudy.dot I3. ENVIRONMENTAL FAC SRS 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. Land Use and Planning Population and Housing Geological Problems Water Air Quality Transportation & Circulation Biological Resources Energy and Mineral Resources Hazards Noise Public Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An 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, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparers BRADLEY J . EVANSON Title ASST. PLANNER Date .S / ~ •~ Elizabeth A. Binsack, Community Development Director ~. EVALUATION OF ENVIRONMENTAL IMPACTS Directions I) 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 aproject-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). 1 Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Ii~~pacts 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. ~) 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. ~; Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. VALUATION OF ENVIRONMENTAL PACTS Less Than Significant Potentially With Less Than Significant Mitigation Significant 1. AESTHETICS -Would the project: Impact Incorporation Impact No Imp. a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Aericultural Land Evaluation and Site Assessment Model (1997} prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a} Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Pr~~ram of the California Resources Agency, to non- a_~ricultural use? ~) Convict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farr.:land, to non-agricultural use? II. 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 f~~llowing determinations. Would the project: a) Conflict with or obstruct implementation of the applicable ai: quaiity plan? ii) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES: -Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d; Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation p i an? V. CULTURAL RESOURCES: -Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? cl Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: -Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result 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 ris':s to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or akernative waste water disposal systems where sewers are not available for the disposal of waste water? 'JI.:-3AZAP.I'>S AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? cl Emit hazardous emissions or handle hazardous or acutely h~.zardous materials, substances, or waste within one-quarter mile of an existing or proposed school? dl Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 659b2.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? fl 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? Potentially Significant Impact L~ Phan Significant With Mitigation Incorporation Less Than Significant Impact o Impact ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ g) Impair impiementation 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? Vll,l. HYDRJLOGY AND WATER QUALITY: -Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, inciuding through the alteration of the course of a strum or river, ir. a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as rr.apned on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Flace within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? i°:. LAND USE AND PLANNING -Would the project: Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ - ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? °C. IyIINERAL RESOURCES -Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of alocally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? `~:. NOISE - `Vould 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 ~~roundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION AND HOUSING -Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ _ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? .VIII. PUBLIC SERVICES al Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? ;~;"~'. RECREATION - ui '•Nould the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC -Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of se:~~rice standard established by the county congestion munaoement agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? Less Than Signiftcant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ o ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact g) Conflict with adopted policies, plans, or programs supporting alterhative transportation (e.g., bus turnouts, bicycle racks)? YVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? cl 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 rroject from existing entitlements and resources, or are new or expanded entitlements needed? e) :Zesult in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacit`~ to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and re~~~lations related to solid waste? ~KVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b} Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 99-030 AND DESIGN REVIEW 99-038 BACKGROUND The project site, an approximately 1.4 acre parcel developed with a 7,418 square foot restaurant building, is located at 15761 Tustin Village Way, at the northwest corner of McFadden Avenue and Tustin Village Way. The area in which the project site is located is surrounded by developed retail, commercial, and high density residential areas. The project site is located in the Retail Commercial (C-1) Zoning District. The proposed project involves the construction of a 4,853 square foot addition to the building, owned and operated by Nuno Brothers, Inc., to accommodate the following operations: 1.) A 2,802 square foot restaurant area containing sixty (60) seats; 2.) A 9,469 square foot convenience store and meat market. Conditional Use Permit 99-030 is required to authorize the establishment of the convenience store and Design Review 99-038 is required to authorize site design, architecture and landscaping. 1. AESTHETICS Items a & b - No Impact: The project site is not located on a scenic highway nor does it affect a scenic vista. Items c & d -Less Than Significant with Mitigation Incorporation: The proposed project will modify an existing building and landscaping at a prominent intersection within the community. The building addition has been designed to integrate into the existing building and complement the architectural styles of existing adjacent buildings. Approximately 16% of the site is proposed to be landscaped. Landscaping is required to be provided around the perimeter of the site and within the parking areas. Landscaping adjacent to the public right-of--ways is required to screen the view of the parking areas, consistent with the Landscape and Irrigation Guidelines. Lighting on the site will be required to be directed on-site to avoid glare on adjacent arterials and properties. Mitigation Measures/Monitoring Required: 1.1 The applicant shall provide details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adj acent properties, including Attachment A Evaluation of Environmental Impacts CUP 99-030 and DR 99-038 15761 Tustin Village Way Page 2 the adjacent streets. Wall mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. 1.2 Pursuant to the City of Tustin Landscape and Irrigation Guidelines, a landscape plan and a landscape requirement summary table for the project which identifies the landscape requirement, the project's associated dimensions, the amount of planting required and the amount of planting proposed for the project shall be provided at Building Plan Check. With the implementation of these mitigation measures and the conditions of approval, impacts related to aesthetics will be reduced to a level of insignificance. Sources: Project Application City of Tustin Landscaping and Irrigation Guidelines City of Tustin Security Code 2. AGRICULTURAL RESOURCES Items a,b & c - No Impact: The proposed project will be located within an area that is already developed as a restaurant. No impacts will occur to any agricultural uses or farmland. Mitigation Measures/Monitoring Required: None Required Sources: City of Tustin General Plan Field Observations 3. AIR QUALITY Items a, b, c - No Impact: With respect to long-term air quality impacts, the proposed project involves the construction of an addition to the existing restaurant to allow for the establishment of a convenience store and meat market in conjunction with the existing restaurant. As such, no substantial increase in long-term emissions associated with stationary or mobile sources beyond the condition of the previous restaurant is anticipated. Minor short-term emissions of particulate matter may occur during precise grading. Items d & e - "Potentially Significant unless Mitigation Incoroorated": The construction of the new structures may result in short term pollutants such as dust particles which will be emitted into the air. Conditions of approval will be required for the project to minimize construction activity dust generated as part of this project. The cooking of some menu items could result in the creation of objectionable odors. A condition has been included requiring the applicant install emission control devices on all cooking and Attachment A Evaluation of Environmental Impacts CUP 99-030 and DR 99-038 1576] Tustin Village Way Page 3 exhaust equipment, in accordance with AQMD standards. Such devices include, but are not limited to, fast food broiler smoke elimination catalysts. Mitigation/MonitoringRequfred: 3.1 The applicant will be required to comply with all City policies regarding short term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. This will be monitored by the Building Division when construction commences. 3.2 The applicant shall install Best Available Control Technology (BACT) - certifiedemission control devices on all cooking and exhaust equipment that complies with Southern California Air Quality Management District standards for smoke, odor and particulate generation. In particular, the applicant shall install smoke elimination catalysts on all cooking and exhaust equipment. Sources: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Project Application Field Inspection 4. BIOLOGICAL RESOURCES Items a, b, c, d, e & f - No Impact: The proposed project will be located within an area that is currently developed with a restaurant. No impacts will occur to endangered, threatened or rare species or habitats, locally designated species or natural communities, or wildlife dispersal or migration corridors. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection City of Tustin General Plan 5. CULTURAL RESOURCES Items a, b, c & d - No Impact: The proposed project involves construction of an addition to an existing restaurant and establishment of integrated convenience store and market uses within a developed area. No impacts to paleontological, archaeological, historical, religious resources, or disturbing of any human remains, will occur. Mitigation Measures/Monitoring Required: None Required Attachment A Evaluation of Environmental Impacts CUP 99-030 and DR 99-038 15761 Tustin Village Way Page 4 Sources: City of Tustin General Plan 6. GEOLOGY & SOILS Items a-i, a-ii, a-iii & c -Less Than Significant with Mitigation Incorporation: A review of the State of California Seismic Hazard Zone Map indicates that the project site is located in an area of potential liquefaction hazard. The topography of the site is relatively flat and would require minor precise grading activity to prepare the site for new construction. Compliance with current codes will ensure that the design and construction of the proposed project reduces any potential impacts related to fault ruptures, ground shaking, ground failure, liquefaction or unstable soils to a level of insignificance. Items a-iv, b, d & e - No Impact: The project site is not located within an area that is subject to seiche, tsunami, volcanic hazards, landslides, or mudflows, erosion, subsidence, or expansive soils. No unique geological or physical features are present within the area. With implementation of the following mitigation measures and a condition of approval that requires the applicant to obtain all necessary approvals from the Community Development Department, the project design and construction will reduce potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: 6.1 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. Sources: City of Tustin General Plan City of Tustin Grading Manual State of California Seismic Hazard Zone Map Uniform Building Code Project Application Field Evaluation 7. HAZARDS & HAZARDOUS MATERIALS Items__a, b, c, d, e , f, g & h - No Impact: As hazardous materials would not be used in the operations of the proposed project, the proposed project will not create a Attachment A Evaluation of Environmental Impacts CUP 99-030 and DR 99-038 15761 Tustin Village Way Page 5 significant hazard through the handling of hazardous materials and will not foreseeably involve the accidental release of hazardous materials into the environment. The proposed project is more than a quarter of a mile from any existing or proposed school sites. The project site is not located on a list of hazardous materials sites. The project site is not located within an airport land use plan or within two miles of a public or private airport. The proposed project does not interfere with any evacuation plans or emergency response plans. The project site is not within a wildland area, and would not expose individuals or structures to the hazards of wildland fires. Mitigation Measures/Monitoring Required: None Required. Sources: City of Tustin General Plan Orange County Fire Authority Orange County Health Care Agency 8. HYDROLOGY & WATER QUALITY Items e & f -Less Than Significant with Mitigation Incorporation: The project would involve site grading and the construction of impervious surfaces. As such, surface runoff would drain into the existing storm drain system. Because of this, a Water Quality Management Plan administered by the City of Tustin Public Works Department and the Regional Water Quality Control Board would be required to mitigate and minimize runoff into the storm drain system. Any water deposited into the sanitary sewer system for treatment shall be in compliance with the Orange County Sanitation District requirements. Mitigation Measures/Monitoring Required: 8.1 Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. This WQMP shall identify the: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. 8.2 Prior to issuance of grading or demolition permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Attachment A Evaluation of Environmental Impacts CUP 99-030 and DR 99-038 15761 Tustin Village Way Page 6 Board. Evidence that this has been obtained shall be submitted to the Building Official of the City of Tustin. 8.3 Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. 8.4 All site drainage shall be handled on-site and shall not be permitted to drain onto adj acent properties. Compliance with the above mitigation measures and conditions of approval will ensure that the design and construction reduces any potential impacts related to absorption rates, drainage patterns of surface runoff, or effect on the amount or quality of surface or groundwaters to a level of insignificance. The project does not have the capacity to affect the direction of currents in surface waters or amount or quality of groundwaters. Items a, b, c, d, g, h, i & j - No Impact: The project will not expose people or property to water related hazards such as flooding, erosion, changing the course or direction of waters movements, violate water discharge standards or affect the quantity of groundwaters. Mitigation Measures/Monitoring Required: None Required. Sources: City of Tustin General Plan City of Tustin Grading Manual Public Works Department Orange County Health Care Agency Project Application 9. LAND USE PLANNING Items a, b & c - No Impact: The proposed project consists of constructing an addition to an existing restaurant to accommodate a convenience store and meat market. The site is designated Community Commercial by the General Plan Land Use Map and is .zoned Central Commercial District (C-2). The restaurant and meat market are permitted by right in the C-2 zoning district. The convenience store is permitted subject to the approval of a conditional use permit. As proposed, the location and design of the facility is consistent with the development standards of the C-2 zoning district. The proposed project is similar to and compatible with other commercial uses in the vicinity and located on an immediately adjacent parcel and will not divide or disrupt the area. The proposed project is not anticipated to impact land use or planning. Attachment A Evaluation of Environmental Impacts CUP 99-030 and DR 99-038 15761 Tustin Village Way Page 7 Mitigation Measures/Monitoring Required None Required Sources: City of Tustin General Plan City of Tustin Zoning Code Project Application Field Evaluation 10. MINERAL RESOURC Items a & b - No Impact: The construction and operation of the restaurant, convenience store and meat market will not use nonrenewable resources in a wasteful or inefficient manner. There are no known mineral resources located on the project site. Mitigation Measures/Monitoring Required: None Required Sources: City of Tustin General Plan 11. NOISE Item c & d -Less Than Significant with Mitigation Incorporation: With respect to short-term noise impacts associated with construction, all construction will be required to conform to the Noise Ordinance and work may only be performed during permitted hours of construction. As such, short term noise impacts will be mitigated to a level of insignificance. As the project site is currently developed, no significant increase in long term noise impacts associated with generation of vehicular traffic is anticipated. Operations of the facility will be required to conform to the Noise Ordinance. Long-term operational noise will be reduced to a level of insignificance through compliance with the Noise Ordinance. Mitigation Measures/Monitoring Required: 11.1 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official/ 11.2 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. 11.3 Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. Attachment A Evaluation of Environmental Impacts CUP 99-030 and DR 99-038 15761 Tustin Village Way Page 8 With implementation of the above mitigation measures and conditions of approval, potential noise impacts are reduced to a level of insignificance. Items a, b, e & f - No Impact: The proposed project will not expose persons to noise levels in excess of normal standards nor will it generate excessive groundborne vibration and noise levels. The project site is not located within an airport land use plan or within two miles of a public or private airport. Mitigation Measures/Monitoring Required: None Required. Sources: City of Tustin General Plan City of Tustin Noise Ordinance Project Application 12. POPULATION & HOUSING Items a, b & c - No Impact: The proposed project is located on a parcel currently developed with a restaurant and surrounded by existing retail, commercial, and residential uses. The proposed project would not result in any direct increase in population nor induce substantial growth in the area. No impacts related to population or housing are anticipated. Mitigation Measures/Monitoring Required: None Required Sources: City of Tustin General Plan Project Application Field Evaluation 13. PUBLIC SERVICES Items a - No Impact: The project site and surrounding commercial properties are currently subject to fire and police protection. The site is currently developed with a restaurant and the construction of the addition and establishment of integrated convenience store and market uses would not require additional resources to maintain these existing service levels. The proposed project will not create additional services related to maintenance of public facilities, including roads. Mitigation Measures/Monitoring Required: None Required Sources: City of Tustin Police Department Orange County Fire Authority City of Tustin Public Works Department Attachment A Evaluation of Environmental Impacts CUP 99-030 and DR 99-038 15761 Tustin Village Way Page 9 14. RECREATION Items a & b - No ImLact: The proposed addition to an existing restaurant building and establishment of integrated convenience store and market uses would not affect existing facilities nor create a demand for recreational facilities. Mitigation Measures/Monitoring Required: None Required Sources: City of Tustin General Plan Project Application 15. TRANSPORTATION/TRAFFIC Items a, b, c, d, e, f, & ~ - No Impact: The City's Engineering staff has reviewed the proposed project and determined that the peak traffic generation for the project would not occur during either A.M. peak times or P.M. peak times, but during the weekend. Further, the peak generation for the proposed project would not be significant enough to degrade the Level of Service (LOS) of the intersection from its current LOS `B'. The applicant has proposed a 2,802 square foot restaurant area containing seating for sixty. (60) persons and a 9,469 square foot convenience store and meat market, which would require sixty-four (64) spaces in accordance with off- street parking standards contained within the Tustin City Code. The applicant has provided eighty-four spaces on the plans, exceeding the required amount of parking. No safety hazards or barriers for pedestrians, bicyclists or vehicles or conflicts with bus turnouts are proposed. Adequate access is provided from an existing driveway on Tustin Village Way and another driveway on McFadden Avenue. No on-site parking or circulation impacts are anticipated. No rail, waterborne, or air transportation is affected by the proposed project. Sources: City of Tustin General Plan Project Application .City of Tustin Public Works/Traffic Engineer Mitigation Measures/Monitoring Required: None Required. 16. UTILITIES & SERVICE SYSTEMS Items a, b, c, d, e, f & g - No Impact: The proposed facility will be connected to existing utilities and service systems in the area. No substantial alterations to any utilities will be required. Sources: City of Tustin Public Works Department Field Inspection Mitigation Measures/Monitoring Required: None Required Attachment A Evaluation of Environmental Impacts CUP 99-030 and DR 99-038 15761 Tustin Village Way Page 10 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a, b & c - No Impact: The proposed project is the construction of an addition to an existing restaurant building and establishment of integrated convenience store and market uses. The site is currently developed with a 7,418 square foot building that was previously operated as a restaurant. The project design, construction and operation will comply with the regulations of the Community Development Department, Air Quality Management District, and Orange County Fire Authority which reduces any potential impacts related to aesthetics, geological problems, water quality, air quality, hazards and noise to a level of insignificance. As such, the project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of the long-term. It does not have impacts that are individually limited but cumulatively considerable or that would cause substantial adverse impacts on human beings. Sources: Project Application City and Agency Requirements Mitigation/MonitoringReguired: As stated above.