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HomeMy WebLinkAboutPH 1 RED CURB RECON 12-17-901 ? _1 1-9 o DATE: DECEMBER 10, 1990 TO: WILLIAM A. HUSTON, CITY MANAGER PUBLIC HEARING N0. 1 12-17-90 Inter - Com FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: PUBLIC HEARING ON RED CURB RECONSTRUCTION AT MUSIC PLUS PLAZA DEVELOPMENT RECOMMENDATION: Pleasure of the City Council. BACKGROUND: At the City Council's two previous meetings, the Council discussed the need for removal of the red zoning on the westerly side of Newport Avenue adjacent to the San Remo Market at 13682 Newport Avenue. A decision was made by City Council at their November 19, 1990 meeting to restore on -street parking to a segment of the red zoned area adjacent to 13682 Newport Avenue. This area where on -street parking was restored extended from the northerly edge of the San Remo Market driveway to a point forty- one feet northerly, which provided on -street parking space for two automobiles and forty-one feet of red zone. When the Music Plus Plaza Development was approved as Conditional Use Permit No. 89-21 by the City Council, certain traffic mitigation measures were outlined and approved for the project. One of these measures was the red zoning adjacent to 13682 Newport Avenue to prohibit on -street parking to provide adequate visibility to westbound Andrews Street motorists when proceeding across Newport Avenue at Andrews Street. The attached letter from Mr. Louis Drapac was received on December 11, 1990 and is attached for the City Councils information. DISCUSSION: The Community Development Department has indicated that if any mitigation measures, as outlined in the environmental documentation of the C.U.P. No. 89-21, are modified that these modifications must be reconsidered through the Public Hearing process. A Public Hearing on this matter has been advertised and scheduled for December 17, 1990 at 7:00 P.M. at the Tustin City Council Chambers. Community Development staff has prepared the attached documents pertaining to the amendment of the condition of approval, which required red curbing on adjacent and subject properties: 1. Negative declaration. 2. Environment Initial Study Form. 3. Resolution certifying the final negative declaration as adequate for amendment to Conditional Use Permit No. 89-21. 4. Resolution approving amendment to Conditional Use Permit No. 89-21, modification to condition 2.3.3 of City Council Resolution No. 89-102 related to red curbing on Newport Avenue. Suggested procedure for public hearing: 1. Mayor announces the reason for and opens the public hearing for the consideration of amending C.U.P. No. 89-21 by the modification to Condition 2.3.3 of City Council Resolution No. 89-102. 2. City Council receives public testimony on the proposed amendment. 3. Mayor closes the public hearing. 4. City Council makes a determination as to whether C.U.P. should be amended. In the event City Council determines that C.U.P. No . 89-21 should be amended then the attached resolutions, No. 90-156 and 90-157, should be passed and adopted. If it is determined that no amendment to C.U.P. No. 89-29 is to be made, then no further action is necessary. Bob Ledendecker Director of Public Works/City Engineer BL: ccg L OU15 P. DRAPAC 13636 Estero Circle Tustin, California 92680 (714) 730-9552 December 11, 1990 City of Tustin Public Works Dept. Tustin, CA. Attn: Mr. Robert Ledendecker RE: Amendment to C.U.P. 89-21 Dear Mr. Lendendecker, 'J DEC 1990 I have been advised that the City Council has been requested to consider modifications to the newly painted red curbing on Newport Blvd. in front of the Italian Deli. As a property owner and resident on Estero Circle (directly off Andrews Street) I must strongly urge the City Council not to allow modifications to the red curbing The safety of the residence and general public must outweigh any other concerns. An open sight line from Andrews Street is critical to driving safety for entering Newport Blvd. I can personally attest to the fact that on numerous occasions entering Newport Blvd has been under conditions where my sight has been blocked by parked vehicles in front of the Deli and therefore subjecting myself and passengers to risks that can be reduced by simply allowing better vision. Clear vision is most important, especially with increased traffic expected at the Andrews Street intersection. The studies completed by your department are based on standards that should not be comprised, including the most important 'Sight Distance'. Considering the 80 vehicle trips per hour expected (City inter -corn memo of July 17, 1989) every possible safety measure must be implemented. Mr. Ledendecker, I again urge the City Council not approve the requested red curb modifications. The safety of the public must rot be comprised. Yours truly, Louis P. Drapac cc: William Huston, City Manager NEGAi IVE DECLARATiJN CITY OF TUSTIN 300 CENTENNIAL WAY, TUSTIN, CA. 92680 Project Title: AMEND CUP 89-21 File No. Project Location: 13662 NEWPORT AVE Project Description: AMEND CONDITION OF APPROVAL WHICH REQUIRED RED-CURBI ON ADJACENT AND SUBJECT PROPERTIES Project Proponent: CITY OF TUSTIN CITY COUNCIL Contact Person: BOB LEDENDECKER Telephone: 544-8890 Ext. 280 The Community Development Department has conducted an initial study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby find: That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant affects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. Therefore, the preparation of an Environmental Impact Report is not required. The initial study which provides the basis for this determination is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of a Negative Declaration and extends for seven calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:30 p.m. on DECEMBER 17, 1990 DATED: //•2g•`%n nity Development Director CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM I. Background 1. Name of Proponent CITY OF TUSTIN CITY COUNCIL 2. Address and Phone Number of Proponent 300 CENTENNIAL WAY TUSTIN, CA 92680 (714) 544-8890 3. Date of Checklist Submitted NOVEMBER 29, 1990 4. Agency Requiring Checklist CITY OF TUSTIN COMMUNITY DEV, DEPT, 5. Name of Proposal, if applicable AMEND CUP 89-21 II. 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? C. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? X e. Any increase in wind or water erosion of soils, either on or off the site? X 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? X 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. 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? Yes Maybe No X X X X X X X X X__ X X X 4. 5. 20 VB Yes Maybe No i. Exposure of people or property to b. Reduction of the numbers of any unique, rare or endangered species of animals? X C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wildlife habitat? X Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X Light and Glare. Will the proposal produce new light or glare? X water related hazards such as flooding or tidal waves? X 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) ? x b. Reduction of the numbers of any unique, rare or endangered species of plants? X C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? X d. Reduction in acreage of any agricultural crop? X 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)? X b. Reduction of the numbers of any unique, rare or endangered species of animals? X C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration to existing fish or wildlife habitat? X Noise. Will the proposal result in: a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? X Light and Glare. Will the proposal produce new light or glare? X Yes Maybe No 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? X 9. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? X b. Substantial depletion of any nonrenewable natural resource? X 10. 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? X b. Possible interference with an emergency response plan or an emergency evacuation plan? X 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X 12. Housing. Will the proposal affect existing housing, or create a demand for additional housing? X 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? X- C. Substantial impact upon existing transportation systems? X d. Alterations to present patterns of circulation or movement of people and/or goods? X 14. 15. 16. Yes Maybe No e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? _X 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: a. Fire protection? X 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? X Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? X b.* Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? X Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X C. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X 17. i 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)? _X b. Exposure of people to potential health hazards? —X Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? __x_ 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_ 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 of California history or prehistory? X 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). X 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? X III. Discussion of Environmental Evaluation IV. Determination (To be completed by the Lead Agency) SEE ATTACHED EXHIBIT A 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 X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 1--) "1 --- � -4 F Noll F--' - J L Date Signature / EXHIBIT A INITIAL STUDY RESPONSES FOR AMENDMENT TO CONDITIONAL USE PERMIT 89-21 PROJECT DESCRIPTION The proposed amendment includes reconsideration of Condition 2.3.3 of City Council Resolution No. 89-102 which required, in part, the installation of red curbing on Newport Avenue from the second driveway south of Andrews Street (professional office building entry) up to the northerly access drive on Main Street (project entry on Main Street). The proposed amendment would consider to modify, delete or retain all or portions of said condition. An Initial Study was conducted and Negative Declaration prepared and certified by the City Council by adoption of Resolution No. 89- 101 on July 17, 1989 for the entire project which consisted of a proposed 18,200 square foot retail center located at 13662 Newport Avenue. All discussion in this Initial Study relates only to the subject amendment to Condition No 2.3.3 of City Council Resolution No. 89- 102. Check list items 1 - 12 and 14 - 21 are not affected by the proposed amendment and the July 17, 1989 Initial Study related to the original project is hereby incorporated into this Initial Study by reference. DISCUSSION OF ENVIRONMENTAL CONSIDERATIONS 13. Transportation/Circulation a. The proposed amendment would have no impact on the generation of substantial additional vehicular movement. The original project Initial Study dated July 17, 1989 identified that the entire project would create additional vehicular movement in the area. However, the level of impact, based upon the size and use of the project would not create significant increases in demand based upon the City Traffic Engineer's review of the project. The Traffic Engineer conducted a study of traffic counts at the Newport Avenue/Main Street and Newport Avenue/Andrews Street intersections to identify queuing distances, signalization cycles and stacking. Counts were made of Newport (northbound) stacking across the Andrews Street intersection to identify the rate of compliance with the existing "Keep Clear" pavement marker. A 50% rate of compliance was observed. In the July 17, 1989 Initial Study, the Traffic Engineer also studied the potential trip generation to be expected by the project including reviewing the Andrews Street intersection at Newport to identify existing and potential stacking and left turn movements to southbound Exhibit A Initial Study Responses for Amendment to Conditional Use Permit 89-21 Newport Avenue. Standard traffic generation rates were applied against existing land uses and the square footage of the proposed project to identify potential impacts. Based on this analysis, the original project would generate a maximum of 80 vehicle trips at a.m. and p.m. peak hours as compared to 15 peak hour vehicle trips for existing uses on the site. The Andrews left turn movement would not be expected to exceed four vehicles stacked at any one time and then only during worse case conditions. Also, the peak hours of the existing traffic patterns (7-9 and 4-6) are anticipated to be different from those of the proposed center. Additionally, special land use restrictions were applied with the original project to prohibit auto parts, convenience and other "peak hour" traffic generating uses. While impacts were not expected to be significant, certain conditions related to driveway alignments, pavement markings, red curbing and signs on Newport Avenue, Main Street and Andrews Street were applied to reduce potential traffic hazards (sources: City of Tustin Traffic Engineer's Report, Site Plan, Field Conditions). Mitigation Measures/Monitoring - All mitigation Measures originally stated in the July 17, 1989 Initial Study have been implemented or are in the process of being implemented, with the exception of the subject amendment to reinvestigate the actual limits of the required red curbing along Newport Avenue and Main Street. As a mitigation measure to the proposed amendment, the City Traffic Engineer and City Council shall fully evaluate the extent of red curbing along Newport Avenue and Main Street necessary to provide adequate site distance requirements for movements from Andrews Street. b. The original July 17, 1989 Initial Study addressed parking demand and requirements. The proposed amendment does not affect parking for the project (source: July 17, 1989 Initial Study) Mitigation Measures/Monitoring - None Required. C. As previously state in item "a" above, the Traffic Engineer identified potential impacts related to the existing circulation system. While impacts were not expected to be significant, certain conditions related to Exhibit A Initial Study Responses for Amendment to Conditional Use Permit 89-21 driveway alignments, pavement markings, red curbing and signs on Newport Avenue, Main Street and Andrews Street were incorporated into the project to reduce potential traffic hazards (sources: City of Tustin Traffic Engineer's Report, Site Plan, Field Conditions). Mitigation Measures/Monitoring - As stated in item "a" above. d.- f. The original July 17, 1989 Initial Study did not identify any impacts associated with these items. The proposed amendment also does not affect these items (source: July 17, 1989 Initial Study) Mitigation Measures/Monitoring - None Required. 21. Mandatory Findings of Significance - As discussed in the items above, the proposed amendment to CUP 89-21 involves modification to a previous condition of approval which required, in part, the installation of red curbing on Newport Avenue from the second driveway south of Andrews Street (professional office building entry) up to the northerly access drive on Main Street (project entry on Main Street). The proposed mitigation measures to require the City Traffic Engineer and City Council shall fully evaluate the extent of red curbing along Newport Avenue and Main Street necessary to provide adequate site distance requirements for movements from Andrews Street would reduce the potential impacts to a level of insignificance (sources: As previously noted). Mitigation Measures/Monitoring - As previously noted. DF:kbc\music.mis 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 25 26 27 28 RESOLUTION NO. 90-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR AMENDMENT TO CONDITIONAL USE PERMIT 89-21, INCLUDING REQUIRED FINDING 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. Amendment to conditional Use Permit 89-21 is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. A Negative Declaration has been prepared for this project and has been distributed for public review. C. Whereby, the City Council of the City of Tustin has considered 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 final 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 final approval authority over Amendment to Conditional Use Permit 89-21, 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 there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of the project because mitigation measures identified in the Negative Declaration have been incorporated into the project which mitigates any potential significant environmental effects to a point of insignificance identified in Exhibit A to the attached Negative Declaration 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-156 Page 2 and initial study are adopted as conditions of Resolution No. 90-156 incorporated herein by reference. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 17th day of December, 1990. RICHARD EDGAR Mayor MARY WYNN City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 90-156 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 is five; that the above and foregoing Resolution was duly and regularly passed and adopted at a regular meeting of the City Council held on the 17th day of December, 1990 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk 1 2 3 4 5 6 7 8 9 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT 89-21, MODIFICATION TO CONDITION 2.3.3 OF CITY COUNCIL RESOLUTION NO. 89-102 RELATED TO RED CURBING ON NEWPORT AVENUE. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Amendment to Conditional Use Permit 89-21 was initiated by the City Council, requesting reconsideration of Condition 2.3.3 of City Council Resolution No. 89- 102 related to red curbing on Newport Avenue from Main Street to the professional office building driveway south of Andrews Street. B. A public hearing was duly called, noticed and held on December 17, 1990 by the City Council. C. That establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, in that the proposed red curbing would improve conditions for vehicles exiting Andrews Street onto Newport Avenue from the previously existing conditions where no red' curbing was installed on Newport Avenue. This treatment in conjunction with other traffic mitigation conditions identified in City Council Resolution 89-102, which still remain in full effect, would address impacts associated with development of 13662 Newport (CUP 89-21). D. That the establishment, maintenance and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin in that the proposed red curbing would still provide some on -street parking thus reducing impacts associated with the loss of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 i 28 Resolution No. 90-157 Page 2 on -street parking for those businesses immediately adjacent to Newport Avenue. E. A Negative declaration has been filed in conformance with the California Environmental Quality Act. II. The City Council hereby approves Amendment to Conditional Use Permit 89-21 modifying Condition 2.3.3 of City Council Resolution 89-102 to read as follows: "Red curbs shall be installed along Newport Avenue from 41 feet south of Andrews Street to the northerly access drive on Main Street (project entry on Main Street). A 20 minute parking zone shall be created on Newport Avenue from the first driveway south of Andrews Street (San Remo Market) up to 41 feet south of Andrews Street. Additionally, red curbing along the north side of Andrews Street between the easterly project property line to Newport Avenue shall be installed. The Traffic Engineer shall determine whether or not some limited parking will be provided on the north side of Andrews Street either for vehicle loading purposes (maximum 20 minute parking) or unlimited parking. All red curbing shall be installed prior to issuance of a certificate of occupancy and all costs for the works shall be paid for by the developer by filing a cash deposit in the appropriate amount for such improvements with the City Public Works Department. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 17th day of December, 1990. MARY WYNN City Clerk RICHARD EDGAR Mayor