HomeMy WebLinkAboutPH 3 ZONE CHANGE 90-05 03-04-91PUBLIC HEARING N0. 3
3-4-91
DATE: MARCH 4, 1991 \�&JVej Inter - Com
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ZONE CHANGE 90-05
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Certify the Negative Declaration for the project by
adopting Resolution No. 91-32 and
2. Have first reading of Ordinance No. 1061 by title only
and introduction.
BACKGROUND
At their regular meeting on February 11, 1991, the Planning
Commission adopted Resolution No. 2881 recommending approval to the
City Council of Zone Change 90-05. The Commission also adopted
Resolution No. 2882 approving the Design Review for the proposal,
subject to approval of the Zone Change by the Council.
The applicant is proposing an outpatient medical facility at 621
West First Street. The property, within the First Street Specific
Plan (FSSP) area, is described as Planning Unit 3 of Sub -area 1.
Designated land uses are Commercial, as a primary use, Hotel, as a
secondary use. Medical offices or clinics are not allowable uses
in either of those two areas. Therefore, the applicant is
requesting an amendment (Zone Change) to the FSSP to include
"Office" as an additional secondary land use so that professional
medical offices can be established. See Attachments A and B.
The FSSP, adopted in 19850, contains very specific development
standards and design guidelines for renovation and redevelopment
projects within the plan area. The project site was developed in
the early 1970's with a 61580 -square foot commercial building which
does not meet the current FSSP requirements, especially the
architectural design guidelines. In order to support the proposed
change in land use designation, and as a part of the design review
process, the Community Development Department staff has encouraged
the applicant to develop plans to bring the existing building into
compliance with the FSSP.
City Council Report
ZC 90-05
March 4, 1991
Page 2
The parcel is located at the northwest corner of Yorba and West
First Streets. Irvine Boulevard/ Fourth Street is about 800 feet to
the North; the I-55 Freeway is approximately 800 feet to the West.
Surrounding land uses are primarily commercial; however, an
apartment complex is to the north.
A public hearing notice identifying the time, date and location of
the public hearing for the proposal was published in the Tustin
News. Property owners within 300 feet of the site were notified of
the hearing by mail and notices were posted on the site, at City
Hall and the Police Department. The applicant was forwarded a copy
of the meeting's agenda and staff report for this item.
ANALYSIS OF PROPOSED ZONE CHANGE
The primary land use designation for the site is Commercial; the
secondary use is Hotel. One goal of the FSSP is to maintain the
dominant commercial and office uses in the area. It does not seem
appropriate to consider amending the primary land use, thereby
eliminating the opportunity to establish a commercial use on the
site.
Hotels are listed as permitted uses in only two locations in the
specific plan area, and it is important to retain that as a viable
land use. See Attachments A, B, and C. However, the 31,400 -square
foot site does not meet land area standards for that use. In order
for a hotel to be constructed, the property would have to be
consolidated with the adjoining lot. The maximum allowable
building height for a hotel on the site is 50 feet. Using
conservative calculations, it is possible that a three- or four-
story structure containing at least 100 rooms could be developed on
the consolidated lots. A hotel seems a more intensive land use
than the proposed outpatient medical facility.
Considering the location and configuration
office use is appropriate as an additional
of the request would retain the potential
and Hotel uses on the site and allow the
also establishing office uses, subject
review.
ENVIRONMENTAL ANALYSIS OF TRAFFIC IMPACTS
of the site, the medical
secondary use. Approval
to establish Commercial
increased flexibility of
to Planning Commission
The Environmental Initial Study prepared for the project indicates
that the primary environmental issue relating to the proposal is
traffic. A variety of Environmental Impact Reports (EIR),
Community Development Department
City Council Report
ZC 90-05
March 4, 1991
Page 3
undertaken for other projects in the vicinity of the site, contain
traffic studies indicate that movement of vehicular traffic in the
area is poor. In those studies, traffic engineers use the term
"level of service" (LOS) to describe quality of traffic flow, with
LOS "A" to "C" operating well and LOS "F" occurring when a
travelway is overloaded.
According to the EIRs, and other recent traffic data, Irvine
Boulevard/Fourth Street, First and Yorba Streets are currently
cooperating at LOS "F", characterized by long queues and unstable
flow of traffic, as well as stoppages of long duration. At times,
traffic speed can drop to zero.
Discussions with the City of Tustin Transportation Engineer and
traffic engineering consultants, combined with calculations done by
the Community Development Department indicate that the proposed
land use will not add to daily traffic volumes beyond what a
commercial use would normally generate. In fact, a medical office
may actually generate fewer vehicle trips per day than either the
primary (Commercial) or secondary (Hotel) land uses currently
allowed on the site by the FSSP. However, as the site is in a
vicinity where traffic levels are currently unsatisfactory, the
establishment of any use, including an outpatient clinic, and the
addition of any incremental trips (no matter how few), will
adversely impact area traffic.
In the future, traffic congestion is also expected to increase.
According to the County of Orange's Traffic Flow Map for the years
1979 to 1986, the average traffic increase for east -west streets
was 2.6 percent per year and 3.4 percent for north -south streets.
That growth trend is expected to continue and cumulative traffic
impacts from both large- and small-scale projects will be
significant.
Several transportation system improvement projects are under
construction or in the planning stages which will help mitigate
vehicular congestion in the vicinity. These include the widening
of Yorba Street and First and Fourth Streets at the I-55 Freeway,
and improvements to the intersection of Fourth and Yorba Streets.
However, such work will be costly. To mitigate environmental
impacts caused by traffic to the project, it is appropriate to
require the project developer/applicant to contribute toward the
cost of improvements to the public transportation system.
In May of 1990, the Tustin City Council established a
Transportation System Improvement Program (TSIP) to improve
vehicular circulation in two specific geographic areas. The
Community Development Department
City Council Report
ZC 90-05
March 4, 1991
Page 4
project site is located in TSIP Area A. Typically, the developers
of all new construction projects, and those valued at over $20,000
which increase floor area, within TSIP Area A are subject to TSIP
fees totaling two percent of construction value (based on ICBG
valuation charts).
While the renovation work proposed by the applicant does not
increase floor area, work in excess of $20,000 is anticipated. The
proposal clearly has the potential to adversely impact the
cumulative traffic conditions in the vicinity. The City's
establishing TSIP fee amounts to mitigate environmental impacts.
Therefore, a condition of approval for the Design Review requires
the applicant to pay a fee based on two percent of the construction
value of the renovation into a separate general fund set-aside
account for special purposes. The money will be used, with TSIP
funds as a portion of the City's contribution for improvements on
Irvine Boulevard/Fourth Street, Yorba and First Streets.
CONCLUSION
Given the analysis conducted by the Community Development
Department, it is concluded that the proposed project.meets the
requirements of the First Street Specific Plan, and the California
Environmental Quality Act. The Planning Commission reviewed the
issues associated with the proposed project and also determined
that the plans are in general conformance with the goals,
objectives and development standards of the First Street Specific
Plan and recommended that the City Council approve Zone Change 90-
05 as identified in the attached Ordinance No. 1061.
Paula Rankin Christine A. Shinglet3in
Associate Planner Director of Community Development
PR: CAS: nm
Attachments: Attachments A, B, C and D
City Council Resolution No. 91-32
Ordinance No. 1061
Planning Commission Resolution No. 2882
_ Environmental Initial Study and Exhibit A
(responses)
Community Development Department
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RESOLUTION NO. 91-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA CERTIFYING THE NEGATIVE
DECLARATION AS ADEQUATE FOR ZONE CHANGE 90-05
INCLUDING REQUIRED FINDINGS PURSUANT TO 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. The request to approve Zone Change 90-05 is
considered a "project" pursuant to the terms
of the California Environmental Quality Act.
B. A Negative Declaration has been prepared for
the project and has been distributed for
public review.
C. Whereby, the City Council of the City of
Tustin has cons-idered evidence presented by
the Community Development Director and other
interested parties with respect to the subject
Negative Declaration.
D. The City Council has evaluated the proposed
Negative Declaration and determined it to be
adequate and complete.
II. A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The
City Council, having the final approval authority
over Zone Change 90-05 has received and considered
the information contained in the Negative
Declaration prior to approving the proposed project
and found that it adequately discussed the
environmental effects of the proposed project. On
the basis of the initial study and comments
received during the public review process, 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.
In addition," there will not be a significant
effect on it in this case because mitigation
measures identified in the Negative Declaration
have been incorporated into the projects which
mitigate any potential significant environmental
effects to a point where clearly no significant
effect would occur, and are identified in Exhibit A
Resolution No. 91-32
Page 2
of the attached Negative Declaration and initial
study and were adopted as findings and conditions
of Planning Commission Resolution No. 28820,
incorporated herein by reference.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 4th day of March, 1991.
Richard, B. Edgar, Mayor
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO.
MARY E. WYNN, City Clerk and ex -of f icio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is ; that the above and
foregoing Resolution No. 91-32 was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the 4th day of March, 1991, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
ORDINANCE NO. 1061
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE
90-05, A REQUEST TO AMEND THE FIRST STREET
SPECIFIC PLAN TO INCLUDE "OFFICE" AS AN
ADDITIONAL SECONDARY LAND USE DESIGNATION FOR
THE PROPERTY LOCATED AT 621 WEST FIRST STREET
The City Council of the City of Tustin does hereby ordain
as follows:
I. The City Council finds and determines as follows:
A. That a proper application has been filed on
behalf of Western Neuro Care for the purpose
of amending the First Street Specific Plan to
include "Office" as an additional secondary
land use designation of the property located
at 621 West First Street.
B. That a public hearing before the City Council
to consider Zone Change 90-05 was duly called,
noticed and held on March 4, 1991.
C. This Zone Change has been reviewed in
accordance with the California Environmental
Quality Act. It has been determined that this
project will not have a significant effect on
the environment and a Negative Declaration has
been prepared.
D. .The proposed zoning is consistent with the
General Plan in that the proposed zoning would
allow compatible commercial uses and orderly
development in the area and with the General
Plan Land Use Map which designates the subject
site as Commercial.
E. The proposed zoning is in the best interest of
the public health, safety and welfare and
would be compatible with the, existing adjacent
residential, commercial, and office
improvements in that the property is situated
in the First Street Specific Plan area; that
the intent of the plan is to preserve the
mixed-use character of the vicinity; and that
development standards of the plan ensure
compatibility of land use with those on nearby
parcels.
II. The City Council hereby approves Zone Change 90-05
as shown on Exhibit A, amending the First Street
Specific Plan to include "Office" as an additional
Ordinance No. 1061
Page 2
secondary land use designation for the property
located at 621 West First Street.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council held on the 4th day of March, 1991.
RICHARD B. EDGAR
Mayor
MARY E. WYNN `
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1061
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does hereby
certify that the whole number of the members of the City
Council of the City of Tustin is ; that the above and
foregoing Ordinance No. 1061 was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the 4th day of March, 1991, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
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RESOLUTION NO. 2882
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN
REVIEW 90-52 TO ALLOW IMPROVEMENTS TO THE SITE
PLAN AND RENOVATION OF THE EXISTING BUILDING
AT 621 WEST FIRST STREET.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The
Planning Commission finds and determines as
follows:
A.
That a proper application, (Design Review No.
90-52), was filed on behalf of Western Neuro
Care requesting approval of improvements to
the site plan and renovation of the existing
building.
B.
That a Negative Declaration for the proposal
has been certified, in conformance with the
.requirements of the California Environmental
Quality Control Act.
C.
Pursuant to Section 9272 of the Tustin
Municipal Code, the Commission finds that the
location, size, architectural features and
general appearance of the proposed development
will not impair the orderly and harmonious
development of the area, the present or future
development therein, the occupancy as a whole.
In making such findings, the Commission has
considered at least the following items:
1. Height, bulk and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
5. Size and spacing of windows, doors and
other openings.
6. Towers, chimneys, roof structures,
flagpoles, radio and television antennae.
7. Landscaping, parking area design and
traffic circulation.
8. Location, height and standards of
exterior illumination.
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Resolution No. 2882
Page 2
9. Physical relationship of proposed
structures to existing structures'in the
neighborhood.
10. Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
11. Development Guidelines and criteria as
adopted by the City Council.
II. The Planning Commission hereby conditionally
approves Design Review 90-52 to allow improvements
to the site plan and renovation of the existing
building at 621 West First Street subject to the
conditions contained in Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the lith day of February,
1991.
`--1 ra
KATHLEEN CLANCY
Recording Secretary
DONALD LE JEUNE
Chairman
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Resolution No. 2882
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN. )
I, KATHLEEN CLANCY, the undersigned, hereby certify that
I am the Recording Secretary of the Planning Commission
of the City of Tustin, California; that Resolution No.
2882 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 11th day of
February, 1991.
KATHLEEN CLANCY
Recording Secretary "
EXHIBIT A
MODIFICATION TO DESIGN REVIEW 90-52
CONDITIONS OF APPROVAL
RESOLUTION NO. 2882
!,F?JF VIA T.
(1) 1.1 The proposed modification shall substantially conform
with the submitted plans for the project date-stamped
February 111 1991, on file with the Community Development
Department, as -herein modified, or as modified by the
Director of community Development Department in
accordance with this Exhibit. The Director may also
approve minor modifications to the plans if such
modifications are determined to be consistent with the
approved plans.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
1.3 Design Review approval shall become null and void if Zone
Change 90-04 is not approved by the City Council.
(1) 1.4 Design Review approval shall become null and void unless
all building permits are issued within eighteen (18.)
months of the date of this Exhibit and substantial
construction is underway. Time extensions may be granted
by the Planning Commission if a written request is
received by the Community Development Department within
30 days prior to expiration.
(1) 1.5 The applicant shall sign and return an Agreement to
Conditions imposed form prior to issuance of building
permits.
PLAN SUBMITTAL
2.1 At building plan check, the following shall be submitted:
(3) A. Construction plans, structural calculations, and
Title 24 energy calculations. Requirements of the
Uniform Building codes, State Handicap and Energy
Requirements shall be complied with as approved by
the Building Official.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - DR 90-52
Page 2
(2) B. Preliminary technical detail and plans for all
utility installations including cable TV,
telephone, gas, water and electricity.
Additionally, a note on plans shall be included
stating that no field changes shall be made without
corrections submitted to and approved by the
Building Official.
(2) C. Final grading and specifications consistent with
(3) the site plan and landscaping plans and prepared by
a registered civil engineer for approval of the
Community Development Department.
(2) D. A precise soils engineering report provided by a
(3) soils engineer within the previous twelve (12)
months as determined by the Building Official.
(4) 2.2 Construction of improvements to the site and renovation
(5) of the existing building shall be completed within twelve
(12) months of issuance of building permits.
SITE AND BUILDING CONDITIONS
(4 ) 3.1 Prior to issuance of a Certificate of Occupancy, a slurry
seal or top coat shall be applied to the entire on-site
parking area and all drive aisles, before striping of
individual parking spaces.
(4) 3.2 A minimum six-foot, eight -inch -high masonry wall,
stuccoed and painted to match the main building, shall be
constructed at the rear property line.
(4) 3.3 A six -foot -high masonry wall, stuccoed and painted to
match the main building shall be constructed around the
trash area. The area shall be secured with six -foot -high
solid metal gates painted to match the trash enclosure
walls.
(4) 3.4 Prior to issuance of a Certificate of Occupancy, the
applicant shall provide written documentation from Great
Western Reclamation stating that the proposed enclosure
and type of trash containers (roll -off) used are adequate
to accommodate the City's recycling program.
(4) 3.5 Provide details for all on-site exterior lighting
fixtures. All such fixtures shall be consistent with the
design of the main structure, be approved by the Director
of Community Development, and comply with the City's
Security Ordinance.
Exhibit A - DR 90-52
Page 3
(4) 3.6 Provide exact details for exterior doors and windows on
construction plans.
(1) 3.7 All exterior colors to be used shall be subject to review
approval of the Director of the Community Development
Department. All exterior treatments shall be coordinated
with regard to color, materials and detailing and noted
on submitted construction plans and drawings for building
elevations shall indicate all colors and materials to be
used.
(4) 3.8 All exposed metal flashing or trim shall be painted to
match the building.
(1) 3.9 Note on final plans that a six -foot -high chain linked
fence shall be installed around the site prior to
building construction stages. Gated entrances shall be
permitted along the perimeter of the site for
construction vehicles.
(1) 3.10 Exterior elevations of the`building shall indicate any
(4 ) fixtures or equipment to be located on the roof of the
building and equipment heights and shall screen all roof
mounted equipment. All such equipment shall be screened
from view and any screening device or structure shall be
consistent. with the design and color of the main
building.
(4) 3.11 All roof access shall be provided from the inside of the
building.
(4) 3.12 No exterior downspouts shall be permitted; all roof
drainage shall utilize interior piping, b ut may have
exterior outlets at base of building.
(4) 3.13 Indicate the location of all exterior mechanical
equipment. Gas and electric meters shall either be
enclosing in the building or boxed behind a screen wall
designed consistent with the main building.
(4) 3.14 Note on plans that outdoor storage shall be prohibited.
(4) 3.15 Provide an on-site bicycle rack to accommodate at least
two bicycles.
OPERATIONAL STANDARDS
(4 ) 4.1 The applicant shall, at a l l times, provide written public
service information relating to mass transit and
rideshare programs. Such materials shall be prominently
Exhibit A - DR 90-52
Page 4
displayed in the facility's waiting room.
LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS
(4) 5.1 Modify the site plan/landscape plan to provide one 15 -
gallon tree for.each 15,000 -square feet of parking area.
(1) 5.2 Submit at plan check complete detailed landscaping and
(7) irrigation plans for all landscaping areas consistent
with adopted City of City of Tustin Landscaping and
Irrigation Submittal Requirements.
Provide summary table applying indexing identification to
plant materials in their actual location. The plant
table shall list botanical and common names, sizes,
spacing, location and quantity of the plant materials
proposed. Show planting and berming details, soil
preparation, staking, etc. The irrigation plan shall
show location and control of backflow prevention devices
(located in inconspicuous area), pipe size, sprinkler
type, spacing and coverage: Details for all equipment
shall be provided. Show all property lines on the
landscaping and irrigation plan, public right-of-way
areas, sidewalk widths, parkway areas, and wall
locations. The Department of Community Development may
request minor substitutions of plant materials or request
additional sizing or quantity. Adequacy of coverage of
landscaping and irrigation materials is subject to field
inspection at project completion by the Department of
Community Development.
(7) 5.3 The submitted landscaping plans at plan check shall
reflect the following requirements:
A. Shrubs shall be a minimum of 5 -gallon size and
shall be spaced a minimum of 8 feet on center when
intended as screen planting.
B. Ground cover shall be planted between 8 to 12
inches on center.
C. When 1 -gallon plant sizes are used, the spacing may
vary according to materials used.
D. All plant materials shall be installed in a healthy
vigorous condition typical to the species and
landscaping must be maintained in a neat and
healthy condition. This will include but not be
limited to trimming, mowing, weeding, removal of
litter, fertilizing, regular watering, or
Exhibit A - DR 90-52
Page 5
replacement of diseased or dead plants.
SIGNAGE
(4) 6.1 Applicant shall submit detailed plans -for. logos and
building identification signs. Said plans shall address
materials, colors, illumination and mounting, and shall
comply with all of the applicable requirements of the
Tustin City Code.
FIRE DEPARTMENT
(5) 7.1 The building shall meet all requirements of the Uniform
Fire Code.
NOISE
(1) 8.1 All requirements of the City's Noise Ordinance (Chapter
6 of the Municipal Code) shall be met'at all times.
FEES
(6) 9.1 Prior to issuance of any permits, the applicant shall pay
the following fees:
A. All applicable plan check and permit fees to the
Community Development Department.
B. New development fees to the Community Development
Department.
C. School facilities fees to the Tustin Unified School
District.
D. Sewer and water fees to the Irvine Ranch Water
District.
E. Major thoroughfare and bridge fees to the City of
Tustin Public Works Department.
F. Contribution to a separate General Fund set-aside
account for special purposes to be used toward the
City's contribution of the costs of transportation
system improvements. Said fee shall be based on
two percent of the construction value (based on
ICBO valuation chart). Said fee amount is subject
to change. Applicant must pay prevailing fee
amount at time payment is required.
Exhibit A - DR 90-52
Page 6
G. "Within forty-eight (48) hours of approval of the
subject project, the applicant shall deliver to the
Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of $25.00
(twenty-five dollars) pursuant to AB 3185, Chapter
1706, Statutes of 1990, to enable the City to file
the Notice of Determination required under Public
Resources Code Section 21152 and 14 Cal. Code of
Regulations 15075. If within such forty-eight (48)
hour period that the applicant has not delivered to
the Community Development Department the above -
noted check, the approval for the project granted
herein shall be considered automatically null and
void.
In addition, should the Department of Fish and Game
reject the Certificate'of Fee Exemption filed with
the Notice of Determination and require payment of
fees, the applicant shall deliver to the Community
Development Department, within forty-eight (48)
hours of notification, -a cashier's check payable to
the COUNTY CLERK in the amount of $1,250 (one
thousand two hundred fifty dollars) pursuant to AB
3158, Chapter 1706, Statutes of 1990. If this fee
is imposed, the subject project shall not be
operative, vested or final unless and until the fee
is paid."
I. Background
II.
CITY OF TUSTIN
Community Development Department
ENVIRONMENTAL INITIAL STUDY FORM
I�
1. Name of Proponent Western Neuro Care (Tustin Rehabilitation Hospital)
2. Address and Phone Number of Proponent
165 Myrtle Avenue
Tustin CA 92681 phone: 832-9200
3. Date of Checklist Submitted February 11, 1991
4. Agency Requiring Checklist Community Development Department
5. Name of Proposal, if applicable Western Neuro Care - Out Patient
Facility, 621 W. First Street, Tustin
Environmental Impacts
(Explanations of all "yes" and "maybe" answers are required on
attached sheets.)
Yes Maybe No
1. Earth. Will the proposal result in:
a. Unstable earth conditions or in
changes in geologic substructures? X
b. Disruptions, displacements, compaction
or overcovering of the soil? X
C. Change in topography or ground surface
relief features? X
d. The destruction, covering or
modification of any unique geologic
or physical features? ?�
e. Any increase in wind or water erosion
of soils, either on or off the site? �C
f. Changes in deposition or erosion of
beach sands, or changes in siltation,
deposition or erosion which may modify
the channel of a river or stream or the
bed of the ocean or any ban, inlet or
lake? %�
Exposure of people or property to
geologic hazards such as earthquakes,
landslides, mudslides, ground failure,
or similar hazards?
Will the proposal result in:
Substantial air emission or
deterioration of ambient air quality?
The creation of objectionable odors?
Alteration of air movement, moisture,
or temperatures, or any change in
climate, either locally or regionally?
3. Water. Will the proposal result in:
h.
Yes Maybe No
Changes in currents, or the course
of direction of water movements,
in either marine or fresh water?
Changes in absorption rates,
drainage patterns, or the rate and
amount of surface runoff?
Alterations to the course or flow
of flood waters?
Change in the amount of surface
water in any water body?
Discharge into surface waters,
or in any alteration of surface water
quality, including but not limited
to temperature, dissolved oxygen or
turbidity?
Alteration of the direction or rate
of flow of ground waters?
Change in the quantity of ground
waters, either through direct additions
or withdrawals, or through interception
of an aquifer by cuts or excavations?
Substantial reduction in the amount of
water otherwise available for public
water supplies?
X
r2
0
X
X
X
X
X
4.
0
M
7.
Yes Maybe No
i. Exposure of people or property to
water related hazards such as flooding
or tidal waves?
Plant Life. Will the proposal result in:
a. Change in the diversity of species, or
number of any species of plants (including
trees, shrubs, grass, crops, and aquatic
plants) ?
b. Reduction of the numbers of any unique,
rare or endangered species of plants?
C. Introduction of new species of plants
into an area, or in a barrier to the
normal replenishment of existing
species?
d. Reduction in acreage of any
agricultural crop?
Animal Life. Will the proposal result in:
a. Change in the diversity of species, or
numbers of any species of animals (birds,
land animals including reptiles, fish and
shellfish, benthic organisms or insects)?
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
C. Introduction of new species of animals
into an area, or result in a barrier to
the migration or movement of animals?
d. Deterioration to existing fish or
wildlife habitat?
Noise. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise
levels?
Light and Glare. Will the proposal produce
new light or glare?
X
X
X
X
X
X
X
X
X
X
X
go
10.
11.
12.
13.
Yes Maybe No
Land Use. Will the proposal result in
a substantial alteration of the present
or planned land use of an area?
Natural Resources. Will the proposal
result in:
a. Increase in the rate of use of any
natural resources?
b. Substantial depletion of any
nonrenewable natural resource?
Risk of Upset. Will the proposal involve:
a. A risk of an explosion or the release
of hazardous substances (including, but
not limited to, oil, pesticides, chemicals
or radiation) in the event of an accident
or upset conditions? _
b. Possible interference with an
emergency response plan or an
emergency evacuation plan?
Population. Will the proposal alter
the location, distribution, density, or
growth rate of the human population of
an area? _
Housing. Will the proposal affect
existing housing, or create a demand
for additional housing? _
Transportation/Circulation. Will the
proposal result in:
a. Generation of substantial additional
vehicular movement? _
b. Effects on existing parking facilities,
or demand for new parking?
C. Substantial impact upon existing
transportation systems? _
d. Alterations to present patterns of
circulation or movement of people
and/or goods? _
a
x
X
14.
15.
16.
Yes Maybe No
e.
Alterations to waterborne, rail or
air traffic?
f.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
Public
services. Will the proposal have
an
effect upon, or result in a need for new
or
altered governmental services in any of
the
following areas:
x
a.
Fire protection?
b.
Police protection?
X
C.
Schools?
x -
d.
Parks or other recreational facilities?
X
e.
Maintenance of public facilities,
including roads?
X
f.
Other governmental services?
Energy. Will the proposal result in:
a.
Use of substantial amounts of fuel or
energy?
--
b.
Substantial increase in demand upon
existing sources of energy, or require
the development of new sources of
X
energy?
utilities. Will the proposal result in a
need for new systems, or substantial
alterations to the following utilities:
a.
Power or natural gas?
-�►-
b.
Communications systems?
X
C.
Water?
d.
Sewer or septic tanks?
X
e.
Storm water drainage?
- -
f.
Solid waste and disposal?
X
17.
19.
20.
21.
Yes Maybe No
Human Health. Will the proposal
result in:
a. Creation of any health hazard or
potential health hazard (excluding
mental health)? _
b. Exposure of people to potential
health hazards? _
Solid Waste. Will the proposal create
additional solid waste requiring disposal
by the City? _
Aesthetics. Will the proposal result in
the obstruction of any scenic vista or view
open to the public, or will the proposal
result in the creation of an aesthetically
offensive site open to public view?
Recreation. Will the proposal result in an
impact upon the quality or -quantity of
existing recreational opportunities?
Cultural Resources
a. Will the proposal result in the
alteration of or the destruction of
a prehistoric or historic archaeological
site?
b. Will the proposal result in adverse
physical or aesthetic effects to a
prehistoric or historic building,
structure, or object?
C. Does the proposal have the potential
to cause a physical change which
would affect unique ethnic cultural
values?
d. Will the proposal restrict existing
religious or sacred uses within the
potential impact area?
X
VA
X
X
Yes Maybe No
22. 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 X
of California history or prehistory?
b. Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals? (A short-
term impact on the environment is one
which occurs in a relatively brief, definitive
period of time while long-term impacts will
endure well into the future).
C. Does the project have impacts which are
individually limited, but cumulatively con-
siderable? (A project may impact on two
or more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of those
impacts on the environment is significant.) X
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
III. Discussion of Environmental Evaluation
IV. Determination
(To be completed by the Lead Agency)
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 measure described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION WILL
BE PREPARED
I find the proposed project MAY have a significant effect
on the environment, and an ENVIRONMENTAL IMPACT REPORT
is required.
Date Si nature
EXHIBIT A
INITIAL STUDY RESPONSES
Background
The applicant, Western Neuro Care, proposes to amend the First
Street Specific Plan (FSSP) to change the secondary land use
designation of the property located at 621 West First Street from
"Hotel" to "Office". The change will allow the establishment of an
outpatient medical rehabilitation facility. To house the
outpatient center, the existing building will undergo interior and
exterior alterations.
The majority of the responses to the Environmental Initial Study
questions are negative as the proposed land use is compatible with
First Street and surrounding areas, and only minor parking lot and
exterior renovations are proposed.
1. EARTH
Items A through G - "No": The site is developed with an
existing 6,400 -square foot building and 34 -car parking lot.
The proposed renovation will not involve any construction
requiring the moving of earth. No unstable conditions,
changes in topography or exposure to geological hazards will
result.
Sources: Field Verification
Proposed Plans
Tustin Community Development Department, Building
Division
Mitigation/Monitoring Required: None Required.
2. AIR
Items A through C - "No": The project will not result in any
degradation of the existing air quality, based on a review of
the Air Quality Management District (AQMD) standards for
preparing EIR documents. The project is located in an
existing developed urban area and will not have a significant
impact on the climate, or result in alterations in the
movement of, moisture in or temperature of the air.
Sources: AQMD Standards
Project Description
Mitigation/Monitoring Required: None Required.
3. WATER
tems A through I - "No": The project site is currently
developed and is not located adjacent to or in the vicinity of
any large bodies of water. Due to a slight reconfiguring of
the parking lot, about 100 -square feet of landscape area in
the center of site will be paved. However, the change is not
significant and will have little affect on site drainage. The
project will utilize water resources in its operation;
however, the amount of water consumption anticipated would not
significantly reduce available water.
Sources: Proposed Site Plan
City of Tustin Public Works Department
Mitigation/Monitoring Required: None Required.
4. PLANT LIFE
Items A through D - "No": The project site is currently
developed and contains no known rare or endangered plant
species on the property. The project will enhance existing
site landscaping; however, the changes will not have adverse
impacts.
Sources: Field Observations
Proposed Landscape Plan
Mitigation1Monitorinq Required: None Required.
5. ANIMAL LIFE
Items A through D - "No": The California State Legislative
recently enacted a bill (AB 3158), Chapter 1706, Statutes of
1990 requiring the State Department of Fish and Game to impose
and collect fees to defray the cost of managing and protecting
fish and wildlife trust resources. Those fees are collected
during the environmental review process. Where a project
clearly causes no adverse environmental impacts to fish and
wildlife and a De Minimis Impact Finding (no impact) can be
made, the legislation provides a fee exemption.
Based on review of City records and a site inspection, there
are no known endangered or rare species of animals known to
inhabit the project site. The site is located in a highly
urbanized area. Past and future uses of the property greatly
limit the type, number and longevity of any animal species
inhabiting the site. There is no potential for any adverse
impact either individually or cumulatively, on any fish or
wildlife resources.
Sources: City Records
Field Observations
Mitigation/Monitoring Required: The City will make a De
Minimis Impact Finding that there are no adverse impacts to
fish or wildlife; the applicant will be required to pay a
Exhibit A
Resolution No. 2880
Page 3
$25.00 processing fee to the County of Orange.
6. NOISE
Item A - "Maybe" and Item B - "No": The proposed use is not
anticipated to substantially increase noise levels in the area
or expose persons to severe noise levels. Sporadic noise will
be caused by the coming and going of patients and delivery
vehicles; however, such noise will not be greater than that
caused by presently allowed commercial uses. Temporary noise
impacts caused by remodeling activities may occasionally
generate annoyance noise situations.
Sources: Field Observations
City of Tustin Community Development Department
Mitigation/Monitoring Required: As a condition of approval,
the applicant will be required. to meet requirements of the
Tustin Noise Ordinance which limits all construction
activities to Monday through Friday, 7:00 a.m. to 6:00 p.m.
The Tustin Community Development and Police Departments will
monitor the site and any activities in violation of the Noise
Ordinance.
7. LIGHT AND GLARE
"Maybe": Parking lot lighting is being provided to bring the
site into compliance with the City of Tustin Security
Ordinance. However, all such fixtures will be shielded so
that light and glare do not adversely impact adjacent
properties.
Sources: Proposed Site Plan
Mitigation/Monitoring Required: A condition of approval of
the Design Review requires the applicant to comply with the
Uniform Security Code, as adopted by the City of Tustin.
8. LAND USE
"Maybe": The proposal is to change the secondary land use
designation of the site from Hotel to Office. Generally, such
a change would be a reduction in land use intensity. However,
because of anticipated patient visits to the medical facility,
the intensity will be comparable to that of a commercial use.
The First Street Specific Plan allows a variety of land uses
including residential, commercial, hotel and office in the
plan area. A previously -approved amendment to the Specific
Exhibit A
Resolution No. 2880
Page 4
Plan changed the designation of a nearby lot from office to
commercial. The redesignation of this site will maintain the
existing balance of land uses within the FSSP area.
Sources: First Street Specific Plan
Tustin Community Development Department
Mitigation/Monitoring Required: None Required.
9. NATURAL RESOURCES
Items A and B - "No": The project will not generate
substantial needs for non-renewable natural resources. As
with any building project, limited amounts of stone, wood and
other materials will be used, but will not constitute a
substantial depletion of resources. The proposed land use
will not require significant quantities of natural or non-
renewable resources.
Sources: Design Review Application
Site Inspection
Mitigation/Monitoring Required: None Required.
10. RISK OF UPSET
Items A and B - "No": The proposed outpatient clinic does not
require the use of hazardous substances or explosive
materials. There is little possibility of an upset
interfering with emergency response or evacuation.
Sources: Proposed Floor and Site Plans
MitigationlMonitoring Required: None Required.
11. POPULATION
"No": The project is relatively small in scale and will not
increase the general population. The applicant anticipates
approximately five employees will be required for the
facility; the majority will reside in surrounding areas and
within commuting distance. No significant increase in
population is expected.
Sources: Zone Change and Design Review Applications
Tustin Community Development Department, Building
Division
Exhibit A
Resolution No. 2880
Page 5
Mitigation/Monitoring Required: None Required.
12. HOUSING
"No": The proposal will not affect existing housing or create
a demand for additional housing. There is an adequate supply
of existing housing in the City.
Sources: Field Inspections
Tustin Community Development Department, Building
Division
Mitigation/Monitoring Required: None Required.
13. TRANSPORTATION/CIRCULATION
Items A through C - "Maybe"; Items D through F - "No": The
site is located at the northwest corner of First Street, a
primary highway, and Yorba Street, a secondary highway.
Irvine Boulevard/ Fourth Street, a major highway, is about 800
feet to the west. The I-55 Freeway is about 800 feet to the
west. Currently the existing building is unoccupied and
generates no traffic.
Recently, several Environmental Impact Reports (EIR) with
traffic studies have been prepared for various projects in the
vicinity (Western Neuro Care Hospital, Bentall Office Complex,
Birtcher-Xerox Center). Those studies describe the general
quality of traffic flow as "level of service" (LOS), a six -
step rating system with LOS "A" to "C" operating well and LOS
"F" occurring when a travelway is overloaded.
According to the EIRs, and other recent traffic data, Irvine
Boulevard/ Fourth Street, First and Yorba Streets are currently
operating at LOS "F", characterized by long queues and
unstable flow of traffic, as well as stoppages of long
duration. At times, traffic speed can drop to zero.
Discussions with the City of Tustin Transportation Engineer
and traffic engineering consultants, combined with
calculations done by the Community Development Department
indicate that the proposed land use will not add to daily
traffic volumes beyond what a commercial use would normally
generate. See the table below.
Exhibit A
Resolution No. 2880
Page 6
Trip Generation Rates
of the Institute of Transportation
Engineers:
Land Use
Hours Number of
Vehicle Trips
General Merchandise
retail Sales
rate: 4.8/1000 sf
4-6 pm peak 31.6
Hotel (100 rooms)
rates: .704/room
7 -gam peak 70.4
.664/room
4-6pm peak 66.4
8.704/room
average weekday total 870
Medical Office
rates: 1.633/1000sf
7-9am peak 11
3.626/1000sf
4-6pm peak 24
34.170/1000sf
average weekday total 225
_ Based on the above data, a medical office may actually
generate fewer vehicle
trips per day than either the primary
(Commercial) or secondary (Hotel) land uses currently allowed
on the site by the FSSP. However, as the site is in a
vicinity where traffic
levels are currently unsatisfactory,
the establishment of any use, including an outpatient clinic,
and the addition of any
incremental trips (no matter how few)
will adversely impact area traffic.
In the future, traffic congestion is also expected to
increase. According to the County of Orange's Traffic Flow
Map for the years 1979 to 1986, the average traffic increase
for east -west streets was 2.6 percent per year and 3.4 percent
for north -south streets. That growth trend is expected to
continue and cumulative traffic impacts from both large- and
small-scale projects will be significant.
Several transportation system improvement projects are under
construction or in the planning stages which will help
mitigate vehicular congestion in the vicinity. These include
the widening of Yorba Street and First and Fourth Streets at
the I-55 Freeway, and improvements to the intersection of
Fourth and Yorba Streets. However, such work will be costly.
To mitigate environmental impacts caused by traffic to the
project, it is appropriate to require the project
developer/applicant to contribute toward the cost of
improvements to the public transportation system.
Exhibit A
Resolution No. 2880
Page 7
In May of 1990, the Tustin City Council established a
Transportation System Improvement Program (TSIP) to improve
vehicular circulation in two specific geographic areas. The
project site is located in TSIP Area A. Typically, developers
of new construction projects, and those valued at over $20,000
which increase floor area, within TSIP Area A are subject to
TSIP fees totaling two percent of construction value (based on
ICBO valuation charts).
While the renovation work proposed by the applicant does not
increase floor area, work in excess of $20,000 is anticipated.
The proposal clearly has the potential to adversely impact the
cumulative traffic conditions in the vicinity. The City's
established TSIP fee schedule provides a good scale or measure
for determining fee amounts to mitigate environmental impacts.
Therefore, a condition of approval for the Design Review
requires the applicant to pay a fee based on two percent of
the construction value of the renovation into a separate
general fund set-aside account for special purposes. The
money will be used with TSIP funds as a portion of the City's
contribution for improvements on Irvine Boulevard/ Fourth
Street, Yorba and First Streets.
Sources: Proposed Floor and Site Plans
Tustin Public Works Department
Tustin Community Development Department
MitigationZMonitoring Required: To mitigate the environmental
impacts caused by traffic generated by the proposal, the
applicant will be required to pay a fee prior to the issuance
of building permits for the project. The Fee will be
equivalent to the TSIP Area A fee or any changes made to that
fee schedule.
Additional traffic mitigation measures encouraging trip
reduction and provided as conditions of approval of the Design
Review include requiring the applicant to display printed
material regarding mass transit and rideshare programs, and
provide an on-site bicycle rack.
14. PUBLIC SERVICES
Items A through F - "No": The proposed change in use will not
substantially increase the need for public services such as
police and fire protection, schools, parks and recreation
facilities, or the maintenance of existing public facilities.
Exhibit A
Resolution No. 2880
Page 8
Sources: Various City Departments
Zone Change and Design Review Applications
Mitigation/Monitoring Required: None Required.
15. ENERGY
Items A and B - "No": The project will utilize fuel and
energy in its operation; however, the consumption anticipated
will not significantly reduce available energy resources.
Sources: Zone Change and Design Review Applications
Mitigation/Monitoring Required: None Required.
16. UTILITIES
Items A through F - "No": The project will not result in a
need for new utility systems, or any substantial alterations
to existing utilities such as natural gas, electric, water,
sewer, storm drainage, solid waste disposal or communications.
Utility services are currently available to the building. The
proposed use will not require additional services.
Sources: City Records
MitigationZMonitoring Required: None Required.
17. HUMAN HEALTH
Items A and B - "No": The proposed outpatient clinic will not
create adverse conditions or result in negative effects on
human health. In fact, the facility will promote health care
services.
Sources: Zone Change and Design Review Applications
City of Tustin Community Development Department
Mitigation/Monitoring Required: None Required.
18. SOLID WASTE
"No": The project will contribute cumulatively to the solid
waste disposal of the City. During the remodeling of the
existing building construction debris will require disposal
and the proposed facility will create a limited amount of
medical waste. Such material will be contained in steel
receptacles, then picked up and disposed of by a company
Exhibit A
Resolution No. 2880
Page 9
specializing in that service. The City of Tustin will not be
required to dispose of that waste. In general, the proposed
facility will not generate more solid waste than previous
uses. Further, the City of Tustin is working with a refuse
disposal company to develop a viable recycling program. One
component of this program is the use of "roll -off" trash
containers.
Sources: Zone Change and Design Review Applications
MitigationLMonitoring Required: A condition of approval of
the Design Review requires the applicant to provide
documentation that the trash area layout and containers are
acceptable to Great Western Reclamation, the City's franchise
operator, and will support the City's recycling efforts.
19. AESTHETICS
"No": The project will not have a significant adverse visual
impact on the surrounding area. The site is in the First
_ Street Specific Plan Area. As part of the Zone Change and
Design Review process, special care has been taken to ensure
compatibility with the architectural design guidelines
developed for the area. In fact, renovations to the existing
building will improve public views. Any roof -mounted
equipment, such as air conditioning units, will be screened to
protect aesthetic qualities in the vicinity.
Sources: Zone Change and Design Review Applications
City of Tustin Community Development Department
Mitigation/Monitoring Required: None Required.
20. RECREATION
"No": The proposed project is not on or adjacent to any
recreation facility. The project will not include residential
uses which could substantially increase or impact recreational
needs in the area.
Sources: Zone Change and Design Review Applications
City o� Tustin General Plan Land Use Map
Mitigation/Monitoring Required: None Required.
Sources: Proposed Floor Plan
Exhibit A
Resolution No. 2880
Page 10
21. CULTURAL RESOURCES
Items A through D - "No": The project site is currently
developed and is not located in an area known as an
archeological resource. There is no evidence that any
cultural resources exist on the property.
Sources: Tustin Area Historical Resources Survey
Field Observations
Mitigation/Monitoring Required: None Required.
22. MANDATORY FINDINGS OF SIGNIFICANCE
Item A - "No": Based upon the responses to Items 1 - 20 in
this Initial Study, the review of City files, records and
documents and the nature of the project, the project is not
anticipated to significantly impact wildlife, fish, flora,
fauna or cultural resources.
Sources: All sources listed in items 1 - 20 of this Study.
Mitigation/Monitoring Required: None Required.
Item B - "No": The project, due to its size, location and
proposed land use, is in conformance with all applicable City
Codes, requirements and regulations.
Sources: First Street Specific Plan
Tustin Zoning Code and Development Standards
Tustin General Plan
Mitigation/Monitoring Required: None Required.
Item C - "Maybe": The project has individual and cumulative
traffic impacts which will adversely effect the environment.
However, a condition of approval of the Design Review for the
proposal requires the applicant to contribute to a general
fund special purpose set-aside account to be used for
improvements of the public transportation system.
Sources: Zone Change and Design Review Applications
City of Tustin Community Development Department
Mitigation/Monitoring Required: Prior to issuance of a
building permit, the Community Development Department will
ensure that the applicant has paid the above-mentioned fees.
Exhibit A
Resolution No. 2880
Page 11
Item D - "No": As discussed in this Initial Study, any
possible impacts associated with this project have been
mitigated to a level of insignificance.
Sources: All discussion items listed above.
Mitigation/Monitoring Required: None Required.
The environmental evaluation provided herein, attempts to fully
identify, discuss and mitigate any impacts associated with the
proposed development project. Considering the sources used, the
proposed level of development and the mitigation and monitoring
measures incorporated herein, staff has determined that any project
impacts have been mitigated to a level of insignificance.
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