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HomeMy WebLinkAbout04 Z.C. 96-002 02-18-97DATE' FEBRUARY 18, 1997 Inter-Com NO. 4 2-18-97 TO: WILLIAM A. I{USTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: ZONE CHANGE 96-002 (SANDERSON J. RAY DEVELOPMENT CO.) SUMMARY: Zone Change 96-002 b a request to change the setback standards of the Neighborhood COmmercial District of the East Tustinl SpeCi. fi. tc Plan for single-story developments. located adjacent to residential uses. Tire propOsed'.am'endment Would accommodate construction~of an 8,500'square foot retail building located at 13331 JambOree· Road. On February 10, 1997, the Planning Commission recommended, that the City Council approve Zone Change 96-002 and approved the site and architectural planS for the project. Applicant:'Sanderson J. Ray Development Co. RECOMMENDATION That the City Council: o Adopt Resolution No. 97-11 approving the Environmental Determination for the project; and, . Introduce and have first reading of Ordinance No. 1179 and set for second reading at the Council's March 3, 1997 meeting. FISCAL IMPACT The applicant has paid application fees to recover the cost of processing this application. BACKGROUND The applicant is proposing to amend Section 3.7.3.C the East Tustin Specific Plan (ETSP) to change the Neighborhood Commercial District setback standards from 35 feet to 20 feet for single-story developments adjacent to residential uses. On February 10, 1997 the Planning Commission recommended that the City Council approve Zone Change 96-002. The Commission also approved Design Review 96- 040 to permit the construction of a 8,500 square foot retail building, pending final approval of Zone Change 96-002 by the City council. City Council Report Zone Change 96-002 February 18, 1997 Page 2 The property is currently developed with a 119,500 square foot retail commercial center. The applicant is proposing to construct a freestanding retail building (Building D) to accommodate one future tenant within Tustin Ranch Plaza. The proposed'building is located on the most southerly building pad, south of the signalized entrance on Jamboree Road. The project site is located in Sector 11 of the ETSP on the southwest corner of Jamboree Road and Irvine Boulevard. Surrounding Uses include multi-family residential to the west and south, multi-family residential across Irvine Boulevard to the north and vacant land across Jamboree Road to the east in the unincorporated area of the County of Orange. DISCUSSION Zone Chanqe In determining whether to approve the proposed zone change, the City Council should determine if the proposed zone change is consistent with surrounding development and the Tustin Area General Plan. The Council must also find that the development standard changes will not be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood, property and improvements in the neighborhood or the general welfare of the City. ' Section 3.7.3.C - Site Development Standards for Commercial Uses, of the ETSP includes Subsection 4 entitled "Setbacks Abutting Residential Areas." The proposed text, with the additions in shaded print and deletions in strike-out, is identified below: Abutting Residential Area~: '~:'~:'~:':':':'~'~'in~ residential areas· The proposed chan~es would be less restrictive for one-story developments to encourage low profile structures of a residential character and to permit greater use of the lot area for single story developments. The setbacks for two-story developments would remain the same as the existing requirements. City Council Report Zone Change 96-002 February 18, 1997 Page 3 The proposed reduction in setback for single-story developments is consistent with the provisions of the Tustin General Plan and the ETSP in that a 20-foot setback provides adequate space for buffering and visual separation. The reduced setback will not be detrimental to the general welfare of persons residing in the area since there will be a minimum of 25 feet separating the proposed building and the existing residential structures. The reduction in setback for single-story developments will not be detrimental to property or improvements in the area in that the reduced setback will.encourage development of single-story buildings which will be less intrusive to adjacent residential uses. Site Plan/Architecture/Landscape The proposed building would be located on Building Pad D identified in the approved site plan for Tustin Ranch Plaza. Building Pad D is located adjacent to Jamboree Road, south of the main entrance to the project, at the signalized intersection. Perimeter and site .improvements include: sidewalks, landscaping adjacent to Jamboree Road and the entrance drive, and the parking lot improvements on the west side of the building. Additional landscaping, store front arcades and sidewalks on the'northerly elevation would be provided between the existing improvements and the proposed building as part of this project. The existing architectural style of the center is a contemporary interpretation of Early California architecture which is encouraged by the ETSP. Details of the center include colonnades with mansard roofs, exposed rafter tails, pre-cast columns, metal grill work and tower elements. The storefronts include painted aluminum with ceramic tile kick plates. The proposed building would provide the same details and elements previously constructed within the center. City Council Report Zone Change 96-002 February 18, 1997 Page 4 The perimeter of the site includes existing landscaping along the Jamboree Road frontage and the drive aisle on the north side of the building. The landscape treatment includes the use of Palms along the drive aisle and at the intersection with Jamboree Road designating an. entry to the center. Additional planting will be provided between the proposed building and existing landscape areas. The use of Bird of Paradise, Raphiolepis, Ivy Geranium, Bougainvillea and Pittosporum shrubs, groundcovers and vines, as proposed, will provide a consistent plant palette with the existing center. Associate Planner E~izabeth A. Binsack Community Development Director EAB: SJP: ZC9 6 0 0 2. SJP Attachments: Location Map Site Plan/Elevations Initial Study Resolution No. 97-11 Ordinance No. 1179 LOCATION MAP - ? x. / PROIECT SITE NO SCALE jAMBoREE z · I ! ! t! E jAMBOREE \f COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way. Tustin. CA 92780 (7]4) .5 7.~-.~ ] 05 INITIAL STUDY Ae BACKGROUND Project Title: ZONE CHANGE 96-002 AND DESIGN REVIEW 96-040 Lead Agency: City of Tustin 3.00 Centennial Way Tustin, California 92780 Lead Agency Contact Person: SARA J. PASHALIDES Project Location: 13331 JAMBOREE ROAD Phone: (714) 573-3122 Project Sponso.r's Name and Address: SANDERSON J.'RAY' 2699 WHITE ROAD, #150 IRVlNE, CA 92714 General PlanDesi~maafion: PLANNED COMMUNITY - COMMERCIAL BUSINESS Zx)rfingDesignation: PLANNED COMMUNITY COMMERCIAL OF THE EAST TUSTIN 'NEIGHBORHOOD COMMERCIAL. SPECIFIC PLAN Project Description: PROPOSED ZONE CHANGE TO MODIFY SETBACK.STANDARDS AND PROPOSED NEW DEVELOPMENT OF 8,500 SQ. FT. BUILDING Surrounding Uses: RESIDENTIAL North East SoL{th RES!DENTTAI West Other public agencies whose approval is required:. [] Orange Count3' Fire Authority [] 1~1 Orange County Health Care Agency 0 [] South Coast Air Quality Management O' District []] Other VACANT RESIDENTIAL City oflrvine City of Santa Ana Orange County EMA EN\"II4. ONMEN'FAL I:ACTORS I'O'I'EN'I'IALL~: AI;'FEC'FEI) The environmental faclors checked bx:low)vould be potenlially 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 {-l Hazards ~l Population and Housing t~ Noise [] Geological Problems [] Public Services [] Water I~ Utilities and Service Systems [~] Air Quality [~ Aesthetics [~, TranSportation & Circulation O ' Cultural Resources , ' I~l Biological Resources O Recreation : O Energy and/W_meral Resources Q Mandatory F'mdings of Significance C. DETERMINATION: On the basis of this initial evaluation: . I find that the proposed project COULD NOT have a significaat effect on the' environment, and a NEGATIVE DECLA_R_&TION will be prepared. ' I find that although the proposed project could have a significant effect on the environment, there ~511 not be a significant effeci in thi~ case bemuse the mitigation measures descn~ on an attached shmts have been added to thc project. A NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the .em,4ronment, and an ENvIRONME~ IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect I) has been adequately anayzed in an earlier do~mment pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached she~, if the effect is a "Potentially Significant Impact" or "Potentially Sig'nificant Unless Mitigated."' An ENVII~ONMENTAL IMPACT REPORT is required, but it must anaI~7~ only the effects that remain to be addressed. I find ti'mt although the proposed project could have a significant effect on the environment, there WILL NOT be a sign/ficant effect in this case because all potentially significant effects I) have been anayzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIK including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could hfive a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been anal3~ed adequately in an earlier NEGATI\rE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLAJLATION, including revisions or mitigation measures that are imposed upon the proposed project. Signature Printed Name. Date Title l)_ I~.\' \"I I¢ O;'WM E.N'I:A 1_. t~riier analyses used- E I R IMI'AC'FS: 85- 2, AS AMENDED .4voilablq for'rcvicw at: City of Tustin Community Development Department I. LAND USE & PLANNING _ Would the proposal: a) Corffljct with genera/plan designation or zoning? b) Con/]ici with applicable environmental plans or policies adopted by agencies with jurisdic~oa over the project? c) Be incompatible with ~ng land uses in the vicinity? d) Affect agricultural resoUrces or operations7 e) DLsrupt or divide the physical arrangement of an es/2blished community (including a low-income or minori .ty community)7 2. POPUL4.TION & HOUSING - Would the proposal: a) Cumulatively exceed official regional or local population .projectiorhs? b) Induce substantial grox~xh in an area either directly or ' indirectly ( -~-, through projects in an undeveloped area or ex'tension of major infrastructure)7 c) Displace e.~sting housing, especially affordable hot~g? &. GEOLOGIC PROBLEMS - Would the proposai rexult in or expose people to potential impacl.~ im,olving: a) Fault rupture? b) Se/stoic ground shaking? c) Seismic ground failUre, including liquefaction? ' d) Seiche, tsunami, or volcardc hazard? e) Landslides or mudflou~? f) Erosion, changes in topography or unstable s~il conditions from e-xcavafion, grading, or fill? g) Subsidence of land? ' h) Expansive soils? i) Uaique geologic or physical features? · WATER - l['b~.ld the proposal re,'alt in: a) Changes in absorption rates drainage patterns, or the rate and amount of surface runoff? ' b) Exposure of people or property to water related hazards such as flooding? ' c) Discharge into surface xx2tcrs or other alteration of surface water quality (c.g.. temperature, dissolved ox-vgen or turbidity)7 . d) Changes in the amount of surface uater in am, walcr body7 . e) Changes in currents, or thc Course or direction ofwater movements7 Poiential/y Significant ]mpaet I'o~entinHv Unlcx$ Mitigation ]ncorporaled Lex$ than Significant Impact No lmpac! Change in the quantily of groun.d waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability7 g) Altered direction or rate of flow of groundv,-ater7 h) Impacts to groundwater quality7 i) Substantial reduction in the mount of groundwater · otherwise available for public water supplies? · 5. AIR QUALITY - Would the proposal: . a) Violate any air q,,ality standard or conm'bute to an existing or projected air quality violation? b) Ex-pose .sensitive receptors to pollutants7 c) Alter air movement, moisture, or temperature, or cause an3' change in climate7 d) Create obj~ztionable.odors? TRANSPORTATION & CIRCULATION - Wouldthe proposal re_valt in'. a) Increased veh/cle trips or traffic congestion? b) Hazards to safe~, from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? . · c) Inadequate emergency access or access to neaflYy uses7 d) In_ml~cient parking capacity onsite or off_site? e) H~7, rd~ or barriers for ped~ or bicyclists? f) Conflicts with adopted policies support/ag alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? B IO LO GICAL RES O URCES - 14buld the proposal result in impacts to: 'a) Endangered, Lh. reatened or rare species or their habitats (including but not limited to plants, fish. insects, animals, and birds? b) Locally designated species (e.g., heritage trees)? c) Lo,.~llv designated natural communities (e.g., oak forest, coastal habitat, etc.)7 d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors7 ENERGY & MINERAL RESOURCES - Would the propo scJl: a) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient . manner? c) Result in the loss ofax~ailability ora known mineral resource that would be of future value to Ibc region? ]'olcnltollt, S/gnificanl l,npoc! Lc.v.v than Significant Impact [3 [2] 0 0 0 0 0 0 F~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 © 0 © 0 © © 0 0 0 0 0 0 0 0 0 0 9. IIAT~& I:LD$ _ Would the PrOposal inuoive: · A r~sk ofaccidenLal explosion or rel~ of~do~ ~b~~ (inclu~g, but not li~t~ to. o~ che~, or ~afion)7 ~d~, b) Possible inte~eren~ ~ em~gen~ r~~ pl~ or emerggn~ ~fion pI~? . c) ~e ~fion Of~y h~ ~d or ~len~ h~ h~d7 d) E~e °f~Ple tO-~g ~~7 ~~ of~len~ h~ e) ~cr~ ~e ~d in ~s, or ~'7 a) Incr~ in e~g no~ I~e~7 b) Ex~e °C~ple {o ~e no~ levels7 1 I. PUBLIC SER~cEs _ l{$uM the P~sal h~e ~n e~ct upon. or m~lt in a need~r n~, or allemd go~e~ment se~ices in any °f the following are~ a) Fire protean7 b) PoIi~ protean9 c) Schwa7 ' .. d) ~nte~ ofpublic ~ifi~, inclu~ng e) O~er gove~ent ~~7. 12. U~~S & SER~CE SYSTE~. g$uMthep~sal re. It in a need for n~, alterations lo the followi~te~ or ~lies. or ~bstanfial utiliti~ a) Power or ~ g~? b) ~~fio~ ~e~? c) ~ or re~on~ x~ter ~ent or facilities? . . d) Sewer or septic ~7 e) Sto~ x~ter d~/~ge7 0 Solid waste dispo~17 g) ~1 or regional x~ter Suppl/~7 13. A ES TH E T I CS - I f'buM ti:e p~posal: a) ~t a scenic x'is~ or s~nic high~y7 b) Have a demonstrable negative aeslhelic c) Create lighl or glare7 - l'olcnlial]v Signi~cant Impact ] ~olctTIi~][I, U~dcss A$iligalion ]ncorporaled Impact A~o Impact ?olcnlially Unlexs Lc&~ lhan Significont ~4iti£otion Siga~cont bnpact Incorporated Impact No Impact 14. C U LTU RAL RES O U RCES - Would the proposal: a) Disturb paleontological.resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change which would affect unique ethnic cultural values7 d) Reswict ~g religious or sacred uses within the potential impact area? 15. RECREATION - Would the proposal: · a) Increase the demand for neighborhood or regional parks or other recrefitioaal facilities? b) Affect ~g recreational oppo~fies? 16. MAh~DATORY FINDINGS OF SIGNIFICANCE a) Does thc project have thc' potential to degrade thc q, mlity of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below serf-sustaining levels, threaten' to eliminate a plant or arfim~l commtmiis; reduce the number or reswict the range of a rare or endangered plant or animal or eliminate important eammples of the major periods of California history or prehistory? b) Does the proj~---'t have the potential to achieve short-term, to the disadvantage of long-term, envi. ronmental goals? c) Do~ the proj~--'t have impacts that are individ,tally limited, but ctmtulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when x4ewed in connection with the effects of past projects; the effects of other cta~ent projects, and the effects of probable future projects). d) Does the project have em4ronmental effects which u411 cause substantial adverse effects on human beings, either directly orindirecflv7 ' o 0 o o o o 0 - 0 0 ~0 0 0 0 m E. EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above.. INITSTUD. PM5 3702A ATTACHMENT A · EVA~UATION OF ENVIRONMENTAL IMPACTS ZONE CHANGE 96-002 & DESIGN REVIEW 96-040 TUSTIN RANCH PLAZA - PAD D 13331 JAMBOREE ROAD BACKGROUND _ The applicant, Sanderson j. Ray Development Co, is requesting a Zone Change and Design Review approval to establish a 8,5Q0 square foot retail building as part of the ultimate construction of the Tustin Ranch Plaza shopping center. An amendment to Section 3.7.3.C of the East Tustin Specific Plan (ETSP) is also proposed to add a single-story setback development standard of 20 feet from residential uses which the proposed~ ro'ect w' subject pro eft is _ P 3 111 utilize. The . P Y located at the sout Boulevard and Jamboree Road The sub~--~wes? .co,nar of IrVine ~outnern corner of t $ p G is located in the Dev~1 .......... he center, adjacent to. Jamboree =~,~nu u~ ~nis propert,- is _ ~ Road. 3 , governed by the regulations included in the ETSP and the City s Grading Ordinance. The East .Tustin Land Use Plan designates the project site as Neighborhood Commercial. Shopping centers are allowed within this designation with the approval of a Design Review application, pursuant to Section 3.8.2.A of the ETSP. · - This is a tiered initial study that is based on and incorporates by reference, the environmental analysis included in EIR 85-2 for the ETSP, which was previously certified on M ~e~q~,en~l~ amended with supplements a~ _~r~h. 127, 19~6, and ~n nne california Env' ~_ .~ ~u~en~a. In conformance · . . lronmental Quallt Act ~lered initial stud~, ~- ~ ....... ~ , the purpose of this' 3 ~ uo mGen~lry and focus the environmental analysis for the project on significant new e ' that were not mrevio ]~, .... := .... __ _ nvlronmental impacts ~ us~3 ~,~uere~ in t~e Frogram EIR. EIR 85-2, as subsequently amended with suppleme2ts and addenda, identified several impact categories where a Statement of Overriding Consideration was adopted by the 'City for the entire ETSP area. For the purposes of this initi these items have bee ~=~ ,, ......... ~1 study check list, n c~=u ~onen~lal Significant Impact,, and an evaluation has been made to ensure that impacts previously identified have not been intensified. Mitigation measures identified in the EIR to minimize the impacts that would be applicable to this project have been identified. EIR 85-2, as subsequently amended with su ' also Identified seve ~l ' _ . p~lements 'and addenda ~ _ r~ impact categories where impacts could b~ ±essened to a level of insignificance with the imposition of mitigation measures. Staff has reviewed each of-these impact categories to ensure that no new pro'ect im · the project would occur th J = p~s. associated with EI ..... at were not ~dentlrie~ in ..~. rot t~e purposes of ~ ~-~: ..... the Program items have been checked ,, ~+~ x~,~u~a± .s~uGy. check list, these P ..... tlally Significant Unless Mitigation Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 Page 2 Incorporated" and the mitigation measures identified in the Program EIR that would be applicable to this project that are included as part of the project have been idehtified. Impact categories not identified to have a potential impact in EIR 85-2, as subsequently amended with supplements and addenda, have been reviewed and identified in the initial study check list accordingly to ensure that the project 'would not create any additional significant impacts which were not considered by EIR 85- 2 and cannot be mitigated to a level of insignificance. LAND USE & PLANNING Items a, b and e - "No Impact": The subject property is designated by the General Plan Land Use Map as Planned Community - Commercial Business. The subject property is zoned Planned Community Commercial and is identified within the Neighborhood Commercial Land Use Designation of the ETSP Land Use Map. The proposed retail.building as part of an existing shopping center is consistent with the General Plan, Zoning and ETSP designations. Item c - "Potentially Siqnificant Unless Mitiqation IncorDorated": Text changes are proposed to the development standards of the Neighborhood Commercial District (Section 3.7.3.C of the ETSP) to'ensure that development is compatible with the surrounding residential land uses. The specific development standards relate to the required building setback from properties zoned for and developed with residential uses. The proposal will reduce the required setback for single story developments from 35 feet to 20 feet. This proposed change will encourage single-story developments which will be more compatible and less intrusive to the existing residential community to the south. , EIR 85-2, as subsequently .amended with supplements and addenda, identified impacts to the project site related to the proposed development and the resultant negative effects of commercial land uses to ensure compatibility with existing land uses. Mitigation measures identified in EIR 85-2, as subsequently amended with supplements and addenda, have been incorporated into the project or would be required as conditions of approval which avoid or substantially lessen the significant environmental effect as identified in the Program EIR. The project will not worsen impacts previously identified in the Program EIR. Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 Page 3 Item d - "Potentially Siqnificant Impact": EIR 85-2, as subsequently amended with supplements and addenda, identified that the.development of the project site would result in the gradual conversion of existing open space and agricultural uses into u~ban use. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement- of Overriding Considerations was adopted for the Specific Plan. Since the subject property has been identified for commercial development, the project will not worsen impacts previously identified in the Program EIR. Sources: submitted Plans 'Certified EIR 85-2', as subsequently amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Adherence to and compliance with the guidelines and provisions of the ETSP which addresses building height, building setbacks, parking'~quirements, and other site development standards, would ensure that the development of the proposed retail building complies with mitigation measures specified in the EIR 85-2, as sUbsequently amended with supplements and addenda. e POPULATION & HOUSING Items a and c - "No Impact": Since the project is a commercial development, no housing units or poPulation would be added. The project would provide a service to existing and planned population. Item b - "Potentially siqnificant Impact": EIR 85-2, as subsequently amended with supplements and addenda, identified impacts to the project site .related .to the proposed development and the resultant negative effects to population. The City Council considered the benefits of the specific plan and balanced those benefits against the project,S Unavoidable effects. A Statement. of Overriding Considerations was adopted for the Specific Plan. Since the subject property has been' identified for commercial' development,- the project will not worsen impacts previously identified in the Program E~R. Sources- Submitted Plans Certified EIR 85-2, as subsequently amended East Tustin Specific Plan' Mitigation/Monitorinq Required: None Required. Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 Page 4 . GEOLOGICAL PROBLEMS Items a, c-e, g'and i - "No Impact": The proposed project is a freestanding retail building to be included in the ultimate build out of an existing neighborhood commercial center. A building pad to accommodate the proposed building has been rough graded as part of the center wide site improvements. Additional minor grading will be required to prepare~the site for construction. Items b and h - "Potentially Significant Unless Mitigation Incorporated": EIR 85-2, as subsequently amended With supplements and addenda, identified impacts to the project site related to the necessary grading activity that would occur in Order to accommodate the variOus types of development and the resultant change to existing landform and topography of the area. A building .pad to accommodate the proposed building has been rough graded as part of the center wide site improvements. Additional minor grading will be required to prepare the site for construction. Applicable conditions of approval will be required, to ensure that all grading activities that would occur to accommodate the proposed retail building inCorporate mitigation measures identified in EIR 85- 2, as subsequently amended with supplements and addenda. Item f - "Potentially Significant Impact": EIR 85-2, as subsequently amended with supplements and addenda, identified impacts to the project site related to the necessary grading activity that would occur in order to accommodate the various types of development and the resultant change to existing landform and topography of the area. The City Council considered the benefits of 'the Specific Plan and 'balanced those benefits against the project's unavoidable effect. A Statement of Overriding Consideration was prepared to address necessary compromises for the overall benefit of the Specific~ Plan area and region. The project has been reviewed and will not worsen previously identified impacts on site and topography in the Program EIR. Sources: Field.Verification Submitted Plans Tustin City Code EIR 85-2, as subsequently amended East Tustin Specific Plan Mitigation/Monitoring Required: A deta.iled soils engineering report and grading plans for the 'site are required as a condition of approval to ensure that all grading activities on Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 - Page 5 e the site minimize the grading impacts. In addition, all structures will be designed in accordance with the seismic design provisions of the Uniform Building Codes to promote safety in the event of an earthquake. WATER Items b-f h and i - "No I_~act": A building pad to accommodate the prop~se~retail building has been rough graded as part of the center wide site improvements and is not located near any bodies of water. Items a and -_"Potentiall,, Significant Im act"- as subsequently a~~ ..:~ ~ . . EIR 85-2, identified ~mn~- ~ .... ~A w~n supp±emen~s and addend~- quality and-~[2~~~f~ce runoff, drainage flows, wa~ .... ~ ~z~d~lOn The · ' ~u ~O~C ' une.Oeneflts of the Soecific o~=_ ~ ..... Y ~ .~1 considered ~ ~ ~u oa±ance~ ~ose benefits agamnst the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. The certified EIR 85-2, · as subse entl a . supplements and ~~ ~- ~ · qu . y mended with · ad~,,~, xu~ntlf ' . site related to eh~ ~ ..... led lmPac~s to the pro3ect ..... ~ .... ~?~ ~zu~usea development and the resultant ~=~uzve ezzec~s Eo water quality. The project has been reviewed and will not worsen previously identified impacts on water quality in the Program EIR. Applicable mitigation measures were identified in EIR 85-2, as subsequently amended with supplements and addenda, and recommended for implementation. This proposal has incorporated those measures related to surface runoff, drainage flows, water quality and water percolation into either the submitted plans or will be included in the conditions of approval, where applicable. Sources: Field Verification Submitted Plans Certified EIR 85-2, it's supplements and addendum East' Tustin Specific Plan · Miti ation Monitorin Re ired: Mitigation measures including plans to accommodate increase runoff flows associated with the proposed development by incorporating on-site and off-site drainage improvements, providing erosion control measures and developing appropriate pollution control plans have been incorporated into the project as submitted or will be incorporated as conditions of approval. Erosion control measures will be developed and incorporated into final grading Plans for the project to minimize potential ' · eros~o~ and sediment transno~, ~,,~ consEruction phases, r ~ ~zxn~ une snort-term Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 -- P~ge 6 5. AIR QUALITY Items b, c and d - "No Impacts": The proposed project is a freestanding retail building to be included in the ultimate build out of an existing neighborhood commercial center. The project would not alter air movement, moisture, temperature or cause any changes in climate, or create objectional~odors. Item a - "Potentially Siqnificant Impact": EIR 85-2, as subsequently amended with supplements and addenda, identified' impacts that will result in an incremental degradation of air quality in conjunction with other past, present and reasonably foreseeable future projects. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was prepared to address necessary compromises for the overall benefit of the Specific Plan area and region. The project has been reviewed and will not worsen previously'identified impacts on Air Quality in the Program ~IR. Conditions of approval will be required for the project to meet applicable mitigation measures, as required by EIR 85- 2, such as minimizing construction activity dust generated as part of this project. Sources: submitted Plans Certified EIR 85-2, as subsequently amended East Tustin Specific Plan Mitigation/Monitoring Required: Construction activity dust generation shall be reduced through regular watering as required by the SCAQMD Rule 403. These measures identified in certified EIR 85-2, as subsequently amended with supplements and addenda, as applicable, have been incorporated into the project as submitted or will be incorporated as conditions of approval. . TRAI~SPORTATION & CIRCULATION Items b-q - "No Impact": EIR 85-2, as subsequently amended with'supplements and addenda, identified impacts related to the proposed development and the resultant negative effects to the effects on traffic safety, emergency access, demand for new parking pedestrian circulation, and alternative modes of transportation. The proposed project is a freestanding retail building to be inclUded in the ultimate build out of an existing neighborhood commercial center. All required parking Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 - Page 7 would be provided on site. Based on review of project and program EIR, .the project will not worsen previously identified impacts on the transportation and circulation in the Program EIR. The existing improvements on the property have previously incorporated applicable measures related to transportation and circulation into the development. Item a - "Potentially Significant Impact"- EIR ~85-2, as subsequently amended with supplements and addenda, identified impacts related to increased traffic in the vicinity. The City Council~considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was prepared to address necessary compromises for the overall benefit of the Specific Plan area ~and region. Applicable mitigation measures were incorporated into the ETSP, including a circulation plan intended to provide an adequate circulation system for specific plan traffic, and mitigate.impacts on the existing circulation system. Based on review of project and program EIR, the project'will not worsen previously identified .impacts on the transportation & circulation in the Program EIR. The existing~improvements on the property have previously incorporated applicable measures related to transportation and circulation into the development. Sources- Field Verification Submitted Plans Certified EIR 85-2, as subsequently amended East Tustin Specific Plan. Mitigation/Monitoring Required- None required. e BIOLOGICAL RESOURCES Items a-e - "Potentially Significant Unless Mitiqated": EIR 85-2, as subsequently amended with supplements and addenda, identified impacts to the project site related to the proposed development and the resultant negative effects to biological resources. Applicable mitigation measures were identified in EIR 85-2, as subsequently amended with supplements and addenda, and recommended for implementation. The proposed project is a freestanding retail building to be included in the ultimate build out of an existing neighborhood commercial center. Based on review of project and program EIR, the project will not worsen pregiously identified impacts on the biological resources in the Program EIR. Conditions of approval will be required for the project to meet applicable Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 -- Page 8 mitigation measures, as required by EIR 85-2, as subsequently amended with supplements and addenda, such as providing landscaping in accordance with City guidelines. Sources: Field Verification Submitted Plans Certified EIR 85-2, as subsequently amended East Tustin Specific Plan · Mitigation/Monitorinq Required: Mitigation measures require revegetation and landscaping in areas where structures or improvements are not constructed, with consideration given to the use of drought-tolerant plant materials, such as a variety of eucalyptus trees, Canary Island pine, Mexican Fan 'Palm trees, Hawthorne and Bougainvillea. These mitigation measures have been incorporated into the project as submitted, or will be incorporated as conditions of approval. o ENERGY & MINERAL RESOURCES Items a and c - "No Impact": The proposed project is a freestanding retail building to be included in the ultimate build out of an existing neighborhood commercial center. Based on review of pr6ject, the project will not worsen previously identified impacts on energy conservation or mineral resources. Item b - "Potentially Siqnificant Unless Mitigation Incorporated": EIR 85-2, as subsequently amended with supplements and addenda, identified impacts to the ETSP related to the proposed development and the resultant negative' effects to nonrenewable resources. Applicable mitigation measures were identified in EIR 85-2, as subsequently amended with 'supplements and addenda, and recommended for' implementation. This proposal has incorporated those measures related to nonrenewable resources into either the submitted plans or would be included in the conditions of approval, where applicable, for the subject project. No additional impacts would occur beyond those identified in the Program EIR. Sources: Field Verification Submitted Plans Certified EIR 85-2, as subsequently amended East Tustin Specific Plan Attachment A - Environn~ental Impacts ZC 96-002 & DR 96-040 Page 9 ~itiqation/Monitorinq Required- Mitigation measures identified by the program EIR inciude measures to provide open areas in the site plan where feasible and providing vegetation that includes drought tolerant materials. · HAZARDS Items a, b,d andoe - "No Impact": EIR 85-2, as subsequently amended with supplements and addenda, identified no impacts to the 'project site related to the proposed development and the resultant negative effects from hazards. Construction of the proposed retail building would be subject to compliance with all applicable Uniform Building~and Fire Codes. Item c - "Potentially Siqnificant Unless Mitiqated,,- EIR 85- 2, as subsequently amended' with supplements and addenda, identified impacts to the project site related to the proposed development and the resultant' negative ef'fects to human health. Consequently, mitigation measures w~re identified in EIR 85-2, as. subsequently amended with supplements and addenda, and recommended for implementation. This proposal has incorporated those measures related to human health into either the submitted plans or will be included in the conditions of approval, where applicable. No additional impacts would occur beyond those identified in the Program EIR. Sources° Submitted Plans Uniform Building and Fire Codes Certified EIR 85-2, as subsequently.amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Mitigation measures related to human health such as;.adherence to and compliance with the guidelines and provisions of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards; ~dherence to the Uniform BUilding Codes and Fire Codes and all applicable qity, state and federal codes as applicable; and compliance with the City Of Tustin Noise Ordinance have been incorporated into the project as submitted or will be incorporated as conditions of approval. Attachment A - Environmental Impacts ZC 96-002 & DR 96~040 Page 10 10. NOISE Item b - "No Impact": The proposed project is a freestanding retail building to be included in the ultimate build out of an existing neighborhood commercial center and would not expose persons'to s~vere noise levels. Item a - "Potentially Siqnificant Impacts": Development of the site would result in short-term construction noise impacts, and a long-term increase in the ambient noise levels in and around the project site. These impacts were originally considered as part of certified EIR 85-2, as subsequently amended with supplements and addenda. The City Council considered the benefits .of the ETSP original program EIR and balanced those benefits against the project's unavoidable effects. A'Statement of Overriding Considerations was adopted for the Specific Plan. The project has been reviewed and will not worsen impacts previously identified in the Program EIR. Mitigation measures addressing the acoustic environment were identified in the program EIR, and are included in the submitted project, or would be conditions of approval. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as subsequently amended East Tustin Specific Plan Mitiqation/Monitoring Required: Mitigation measures related to compliance with the City's Noise Ordinance has been incorporated into the project as submitted or would be incorporated as conditions of approval. 11. PUBLIC SERVICES Item c - "Potentially Siqnificant Unless Mitiqated": EIR 85- 2, as subsequently amended with supplements and addenda, identified impacts related to the proposed development and the resultant negative effects to school facilities. Mitigation measures were identified in EIR 85-2, as subsequently amended with supplements and addenda, and recommended for implementation where applicable. No additional impacts would occur, beyond those identified in the Program EIR. Items a, b, .d, and e, - "Potentially Significant Impact": Implementation of this project will result in an increase in the demand for and utilization of public services, such as Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 Page 11 fire protection, police protection, infrastructure maintenance and other governmental services. However, impacts to public services were originally considered as part of EIR 85-2, as subsequently amended with supplements and addenda. The project will not worsen impacts previously identified in the Program EIR. The City Council considered the benefits of the specific plan and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. Additionally, mitigation measures were identified in EIR 85-2, as subsequently amended with supplements and addenda. This proposal has incorporated those measures related to public services into either the submitted plans or will be included in the conditions of approval where applicable for the subject project. ' ' Sources- Submitted Plans Certified EIR 85-2, as subsequently amended East Tustin Specific Plan Mitiqation/Monitoring Required- Mitigation measures such as; adherence to and compliance with the guidelines and provisions. of the ETSP, which address building height, building setbacks, parking requirements, and other site development standards; adherence to the Uniform Building Codes and Fire Codes and all applicable city, state and federal codes as applicable; and compliance with the City of Tustin Noise Ordinance'have been incorporated into the project as submitted .or will be incorporated as conditions of approval. 12. UTILITIES & SERVICE SYSTEMS Items a-q - "Potentially Significant Impact"- The ETSP will increase the demand for utilities.. However, the project will not worsen impacts previously identified in the Program EIR. EIR 85-2, as subsequently amended with supplements and addenda, identified impacts to the project site related to the proposed development and the resultant 'negative effects to utilities. The City Council considered the benefits of the Specific Plan and balanced those benefits against the project's unavoidable effects on the use of utilities. A Statement of Overriding Considerations Was adopted for the Specific Plano Mitigation measures were identified in EIR 85- 2, as subsequently amended with supplements and addenda, and recommended for implementation where feasible. This proposal has incorporated those measures related to utilities into either the submitted plans or will be included in the Attachment A - Environmental Impacts ZC 96-~002 & DR 96-040 - Page 12 conditions of approval where applicable for the subject project. ' · Sources: Field Verification Submitt&d Plans Certified EIR 85-2, as subsequently amended East Tustin Specific Plan· Miti ation Monitorin Re ' ired: Mitigation measures require 'that water conservation methods as required by state law, Energy Conservation Standards and building construction techniques as set forth in Title 24. of the California Administrative Code be implemented to mitigate potential effects, on utllities. These mitigation measures have been incorporated into the project as submitted or will be incorporated as conditions of approval. 13. ~ESTHETICS Items a and b "Potentially Si~nificaJt Unless Miti ated": The .proposed architectural style of the center is a contem~-orary interpretation of Early California architecture which is encouraged by the ETSP. The proposed project is a freestanding retail building to be included in the ultimate build out of an existing neighborhood commercial center. Architectural details of the proposed building are consistent with the existing buildings. The project proponents intend to construct a iow profile building, with residential design elements incorporated into the architectural style of the building. A majority of the building will be 19 feet in height, with a 28 foot high tower defining the front corner of the building. Although the zone change to reduce the required setback for single story developments might have a negative, aesthetic impact, as previously discussed in Section 1 above, the project will not have a demonstrable negative aesthetic effect due to the overall low profile of the building and design restrictions incorporated into Section 1 above. · Based on review of project, the project Will not worsen previously identified impacts on aesthetics. The project is within the Specific Plan area and the certified EIR 85'2, as subsequently amended with supplements and addenda, identifies impacts to the project site ' related to the proposed development and the resultant negative effects to aesthetics. Consequently, mitigation measures were identified 'through Attachment A - Environmental Impacts ZC 96-002 L DR 96-040 -- Page 13 design review in conjunction with EIR 85-2, as subsequently amended with supplements and addenda, and recommended for implementation. This proposal has incorporated those measures related to aesthetics into either the submitted plans or will be included in the conditions of approval, where applicable. No additional impacts would occur beyond those identified in the Program EIR. Item c - "Potentially Siqnificant Impact": The proposed freestanding retail building would create additional light at ex~sting center. Lighting from pedestrian lights and decorative wall lights would be added to the site. All parking lot lights are existing on.the site. The project site is within the Specific Plan area i·n which the program EIR addresses the impact'of development and the resultant negative effects from light and glare. The City Council considered the benefits of the Specific PlaTM and balanced those benefits against the project's unavoidable effects. A Statement of Overriding Considerations was adopted for the Specific Plan. Mitigation measures were identified in EIR ·85-2, as subsequently amended with supplements and addenda, and recommended for implementation. This proposal has incorporated those measures related to light and glare into the submitted plans. Mitigation measures would also be included in the conditions of approval for the project. The project has also been reviewed and will not worsen impacts previously identified in the Program EIR. Sources: Field Verification Submitted Plans Tustin City Code Certified EIR 85-2, as subsequently 'amended East Tustin Specific Plan Mitiqation/Monitorinq Required: Mitigation' measures related to this development include compliance with the architectural elements and site design previously approved for the center which have been incorporated into' the project, or will be incorporated. as conditions of approval. Conditions of approval for the project also prohibit lights that create any glare or have a negative impact on adjoining properties. 14o CULTURAL RESOURCES · Item a, c and d -"No ImpaCt": The proposed project is a freestanding retail building to be included in the ultimate build out of an existing neighborhood commercial center. EIR Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 - Page 14 85-2, as subsequently amended w~th supplements and addenda, identified impacts related cultural resources.related to the proposed development and the resultant negative effects to cultural resources. The project has also been reviewed and will not worsen impacts previously identified in the Program EIR. Item b - "Potentially Siqnificant Unless Mitiqated": The proposed project is a freestanding retail building to be included in the ultimate build out of an existing neighborhood commercial center. EIR 85-2, as subsequently, amended with supplements and addenda, identified impacts related to archaeological resources related to'the proposed development and the resultant negative effects to cultural resources. The project has also been reviewed and will not worsen impacts previously identified in the Program EIR as this project is not within an area identified as an archaeological site. Sources: Field Verification Submitted Plans Certified EIR 85-2, as subsequently amended East Tustin Specific Plan. Mitiaation/Monitoring Required: None Required. 15. RECREATION Items a and b - "Potentially Siqnificant Unless Mitiqated": EIR 85-2, as subsequently amended with supplements and addenda, identified impacts to the project site related to the proposed development and the resultant negative effects to recreation. Since this project is a commercial development to provide support for residential neighborhoods, there are no impacts on recreation. Furthermore, all parks identified by the ETSP have been reserved for the purpose of providing recreation in the ETSP. No additional impacts would occur beyond those identified in the Program EIR. Sources: Submitted Plans Tustin City Code Certified EIR 85-2, as subsequently amended East Tustin Specific Plan Mitiqation/Monitorinq Required: None Required. Attachment A - Environmental Impacts ZC 96-002 & DR 96-040 Page 15 16. MANDATORY FINDINGs OF SIGNIFICANCE Items a-d - "No~: The project in and of itself will not cause negative impacts to wildlife habitat nor achieve any short-term environmental goals, nor have impacts which are potentially individually limited but are cumulatively .considerable and could potentially have an indirect' adverse impact on human beings. The program EIR o 85-2, as subsequently amended with supplements and addenda,' addressed all of these concerns and this. project is fully within the scope of that discussion. Source: As' Stated above Miti ation Monitorin Re ired- As stated above. s~p: ZC'96002. E~V 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1179 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 96-002 AMENDING SUBSECTION 4 OF SECTION 3.7.3.C OF THE EAST TUSTIN SPECIFIC PLAN RELATED TO SETBACK STANDARDS IN THE NEIGHBORHOOD COMMERCIAL DI'STRICT FOR SINGLE- STORY DEVELOPMENTS. The City Council of the City of Tustin does hereby ordain as follows: Section 1 Findinqs. The City Council finds and determines as follows: Ao That a proper application, ZC 96-002, has been filed by Sanderson J. Ray Development Co. to amend the setback standards of the Neighborhood Commercial District of the East Tustin Specific Plan (ETSP) for single-story developments located adjacent to residential developments. S , That a public hearing was duly noticed, called and held on said application on February 10, 1997 by the Planning Commission and February 18, 1997 by the City Council. C. That the project is covered by a previously certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. D o Proposed Zone Change 96-002 would provide development standards that will encourage new construction to be physically integrated and compatible with adjoining residential areas. E , The land use intensity of development on the affected sites would not be increased over the current land use designation when considered as a whole. F. Proposed Zone Change 96-002 would be consistent with the policies of the General Plan Land Use Element which identifies the East Tustin Specific Plan area as Planned Community Commercial/Business which encourages mixed uses of professional office and commercial uses. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinanc~ NOo 1179 Page 2 Section 2 Amendment to East Tustin Specific Plan. The City Council hereby approves Zone Change 96-002, amending Subsection 4 of Section 3.7.3.C - Site Development Standards for Commercial Uses, of the East Tustin Specific Plan to read as follows, with the additions in shaded print and deletions in strike-out: , "Setbacks Abutting Residential Areas: residential areas." Section 3 Severability. 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, sentence, 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 by the City Council of the City of Tustin at a regular meeting held on the 3rd day of March, 1997. TRACY WILLS WORLEY Mayor Pamela Stoker City Clerk 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 RESOLUTION NO. 97-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FINDING THAT FINAL ENVIRONMENTAL IMPACT REPORT (EIR) CERTIFIED FOR THE EAST TUSTIN SPECIFIC PLAN (FINAL EIR 85-2, AS MODIFIED BY SUBSEQUENTLY ADOPTED SUPPLEMENTS AND ADDENDA) IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR ZONE CHANGE 96-002 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Zone Change 96-002 is considered a "project" pursuant to the terms of · the California Environmental Quality Act; and B . That the projects are covered by a previously certified Final Environmental Impact Report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. II. The East Tustin Specific Plan Final Environmental Impact Report (85-2) previously certified on March 17, 1986, and modified by subsequently adopted supplements and addenda, was considered prior to approval of this project. The City Council hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effects of this project, relating to grading, drainage, circulation, public services and utilities, were examined in the Program EIR. Ail feasible mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR is, therefore, determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of the California Environmental Quality Act. Based on EIR 85-2, the City Council has found that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and therefore makes a De Minimis Impact Finding related to AB 3158, Chapter 1706, Statutes of 1990. 28 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 97-11 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 18th day of February, 1997. TRACY WILLS WORLEY Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF'ORANGE ) CITY OF TuSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 97-11 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 18th day of February, 1997, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK