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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 LJ U �L i 0 _ it w W 20 O u - o O u, luu vJ U W O a W Uw N Mme" LL O __ O=,, R- R1i W N M Z W Z O ti w U O c� Q U W LL I � t. 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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 LL) U i LL J— v� J Q U c w w T O U. — UO cc r N w w r U K (i) 2 LL O LL U O R- N ,) U U. N O � Q ". oC w h ' T O U _ J _ _ Q a cc �o � r C) Cc W W U_ p � � z O tL W U O W WLL, � V n- t� U T C) (l; C� Go o is •,� w H • — � O tel/ c w cd I ` W PL4 : U U U) •,� ^ r ) .L ��// N W M LL �-O O U 3, rH O N U •r-1 01 H — a G rn w +-J (� r_4 r rZi `b �4 q a1 cn N }4 _ O P -a Z 1 V 3 4 5 6 8 9 10 11 12 13 14 15 16 17' 18 1911 20 21 2' 2; 2, 2; 21 2' 2 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. 1 3 4 5 6 8 10 11 12 13 14 15' 16 17 18 A 20 21 22 23 24 25 26 27 28 1 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 12 13 l� 1' li 17 18 A 20 21 22', 23 24 25 261 27 28 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. PR:nm\neuro.env