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HomeMy WebLinkAboutConsent Calendar #6 7-6-87CONSENT CALENDAR NO. 6 7=6-87 Ar, DA DATE: JULY 6, 1987 TO: MILLIAN HUSTON. CITY, MANAGER FROM: COWUNITY DEVELOPMENT DEPARTMENT SUBJECT: FINAL EIR 87-1 NORTH/SOUTH ROAD PROJECT RECOMMENDED ACTION: Inter - Com That the City Council certify as adequate Final EIR 87-1 for the North/South Road pursuant to the California Environmental Quality Act by the adoption of Resolution No. 87-76. BACKGROUND: In conjunction with development and implementation of the East Tustin Specific .1an as well as other long range planning efforts in the area, construction of a project known as the North/South Road has been proposed. Pursuant to the California Environmental Quality Act (CEQA), Environmental Impact Report 87-1 has been prepared to consider potential environmental impacts of the roadway. The proposed North/South Road is an extension of Old Myford Road, a portion of which will be. renamed Jamboree Road. The proposed roadway will extend north of the I-5 Freeway to existing Chapman Avenue (as realigned easterly of the North/South Road) and will traverse the eastern boundary of the City of Tustin, and extend into the City of Orange and unincorporated County area. The roadway will be a six lane facility to Tustin Ranch Road and a four lane facility from Tustin Ranch Road to Chapman with ultimate right-of-way. Once it was determined that an environmental impact report was required in conjunction with the proposed roadway and that the City of Tustin would be the Lead Agency for the project, a Notice of Preparation was distributed to the State Clearinghouse, responsible agencies, and other interested parties. Additionally, a public scoping meeting was held in an effort to solicit public input early in the EIR process. A Draft EIR was conpleted.on March 27, 1987 and circulated for review and comment. The Planning Commission at their regular meeting on June 8, 1987 held a public hearing to accept public testimony and respond to any questions related to the proposed project. Responses to all written comments on the Draft EIR, and questions raised during the Commission hearing were prepared and forwarded to the Commission on June 29th. After review of the Draft EIR and all responses to comments, the Commission adopted resolution No. 2415 recommending to City Council certification of Final EIR 87-1. A copy of Responses to Comments is attached for the Council's information. City Council Report- EIR 87-1 North/South Road July 9, 1987 Page two Section 15090 of the California Environmental Quality Act now requires that the City Council acting as Lead Agency certify that: a. Final EIR 87-1 has been completed in compliance with CEQA; and b. Review and consider the information contained in the Final EIR before approving the proposed project. It is • recommended that 'the Council certify Final EIR 87-1 by adopting Resolution No. 87-76. In certifying the Final EIR subsequent City Council approvals required for the road project can be made. �1 ' , Christine shingletorj Director of Communilf Development JSD:pef Attachments: Draft Resolution No. 87-76 Report to Planning Commission, June 8, 1987 Report to Planning Commission, June 22, 1987 Response to Comments Package Minutes of Planning Commission Meeting of June 8, 1987 Draft Minutes of Planning Commission Meeting of June 29, 1987 Planning Commission Resolution No. 2415 Community Development Department 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. 87-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN FINDING THAT THE ENVIRONMENTAL IMPACT REPORT (EIR 87-1) PREPARED INS, CONJUNCTION WITH THE NORTH/SOUTH ROAD PROJECT IS RECOGNIZED AS ADEQUATE AND COMPLETE AND MAKING FINDINGS WITH RESPECT TO MITIGATION OF SIGNIFICANT ENVIRONMENTAL EFFECTS AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT 87-1 WHEREAS, as part of the implementation of the City of Tustin's General Plan and the East Tustin Specific Plan, the North/South Road project (hereinafter "project") has been proposed; and WHEREAS, it is the policy of the State of California and the City of Tustin, in accordance with the provisions of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code, Section 21000 et seq.), and the State Guidelines for Implementation of CEQA, as amended (California Administrative Code, Section 15000 et seq.) that the City shall not approve a project unless there is no feasible way to lessen or avoid significant effects; meaning all impacts have been avoided to the extent feasible or substantially lessened and any remaining unavoidable significant impacts are acceptable based on CEQA, Section 15093; and WHEREAS, an Environmental Impact Report (hereinafter "EIR") has been prepared and circulated, pursuant to the requirements of CEQA; and WHEREAS, the Planning Commission of the City of Tustin held a public hearing on Draft EIR 87-1 at a regular meeting on June 8, 1987 and responded to comments received during the review period on EIR 87-1. WHEREAS, the Tustin Planning Commission at a meeting on June 29, 1987 reviewed EIR 87-1 and all responses thereto and adopted Resolution No. 2415 recommending to the City Council Final EIR 87-1. WHEREAS, the Tustin City Council has read and considered all environmental documentation comprising the EIR including, but not limited to, the East Tustin Specific Plan Final EIR and has found that the EIR considers all potentially significant environmental impacts of the proposed project, is complete and adequate, and fully complies with all requirements of CEQA, and the State guidelines for implementation. WHEREAS, the California Environmental Quality Act (herinafter CEQA) and the State CEQA Guidelines provide that no public agency shall approve or carry out a project for which an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and WHEREAS, the City Council has considered all impacts, mitigation measures, and project alternatives identified in the EIR, and has found that all potentially significant impacts of the project have been avoided or lessened to a level of non -significance; and 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 87-76 Page two NOW, THEREFORE, be it resolved that the City Council of the City of. Tustin does hereby find that EIR 87-1 in its entirety with all responses to comments is adequate and certifies, that EIR 87-1 has been completed in compliance with the California Environmental Quality Act based upon the findings and statement of facts attached as "Exhibit A" and incororated herein by reference. PASSED, ADOPTED AND APPROVED by the City Council of the City of Tustin, California, at a regularly adjourned meeting on the 6th day of July, 1987. Mary E. Wynn City Clerk Richard gar Mayor '.BIT A. . AUTION NO. 87-76 PAGE 1 OF 10 The California Environmental Quality Act. (CEQA) and the State CEQA Guidelines (Guidelines) provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects -of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each find- ing. The possible findings are: (1) Changes or alterations have been required in, or incorporated into; the project which avoid or sub- stantially lessen the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsi- bility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (b). The findings required by subsection (a) shall be supported by substantial evidence in the record." (CEQA Section 15091). The City of Tustin proposes to approve the North-South Road ponsistent with the East Tustin Specific Plan. Because the project has the potential to bring about impacts on the environment, theCity caused an Environmental Impact Report (EIR) to be prepared. This EIR •has found certain significant effects which may occur as a result of the project. The EIR also includes mitigation for each effect, which substantially lessens the effect on the environment. Further, after the EIR has been determined to be complete and to have been prepared in accordance with CEQA, the Planning Commission does, hereby, set forth the following findings: 4 MT A JLUTION NO. 87-76 PAGE 2 OF 10 Impacts. Development of the project as proposed will result in poten- tial adverse impacts resulting from destabilization of slopes, exposure of cut slopes, placement of fill, exposure of pipelines and large areas of grading. The project will require cut and fill activities, including approx- imately 120,000 cubic yards of export material. In addition, potential hazards have been identified due to potential land slides, and ground shaking in the event of a seismic event. Findings. • Slope stabilization, slope and cut performance criteria, foundation criteria and road/construction engineering measures have been included as project mitigation to lessen the effects to a level of non -signi- ficance. The following mitigation measures shall be incorporated into the project as mitigation of the identified impacts: 1. Stabilization or buttressing of cut slopes will be applied primar- ily along easterly facing cut slopes, bedding planes of the Vaqueros-Sespe• exposed. Westerly facing cut slopes slopes will be buttressed as necessary. necessary buttressing will be determined issuance of a grading permit. where adversely oriented Formation will likely be and younger alluvial cut The best approximation of prior to fieldwork and/or 2. Slope inclination will not exceed a 2:1 (horizontal to vertical) ratio, except in special cases where geotechnical data validates the ability to deviate from a 2:1 slope. 3. Removal of colluvium, alluvium, topsoil, landslide debris and artificial fill to suitable foundation earth material's. will be required prior to placement of fill in areas where these deposits occur. 4. Recommendations made by the geotechnical consultants (Pacific Soils Engineering, Inc.) during the final design phase regarding pipeline constraints shall be adhered to. ITIT A .__.,OLUTION NO. :87-76 PAGE 3 OF 10 5. The road will be designed in accordance with seismic design provi- sions as published by the California Department of Transportation to promote safety in the event of an earthquake. - Impacts. •Implementation of the proposed project will result in short- term impacts to surface water quality during grading and construction. Long- term changes in the composition of run-off discharged in the area of the project will occur. Effects can be expected in the northern sector of the project in the Peters Canyon Wash watershed, the San Diego Creek and, ulti- mately, the Upper Newport Bay. Findings.. Alterations in construction methods, the addition of erosion control measures and project -design changes have been required in the follow- ing mitigation measures to reduce the impacts to a level of non -significance: 6. Erosion control measures will be developed and incorporated into final grading plans by the project proponent to minimize potential increases fn erosion and sediment transport during construction. An erosion/siltation control plan shall then be submitted by the project proponent for approval by Tustin, Orange and the County of Orange for their respective jurisdictions prior to initiation of construction activities. 7. Appropriate pollution control measures, such as a street sweeping program and periodic storm drain clearing, will be conducted by the appropriate agencies to reduce long-term water quality impacts. 8. Long-term erosion and sedimentation control will be provided as part of the project with the inclusion of down -drains and terrace drains in appropriate areas of cut and fill within the road design. Impacts, Construction of the project will result in the removal of less than one acre of riparian woodland and riparian thicket. The road will disrupt four major plant communities one of which, the riparian zone, has significant value. The remaining habitats that are effected are common in Orange County and are considered insignificant. The total acreage of signi- ficant riparian area that will be disrupted by the project is less than one acre. 6 73IT A JLUTION NO. a7-76. PAGE 4 OF 10 Findings. Due to the amount of acreage being disrupted, the project proponent is required to notify -and consult: with the California Department of Fish and. Game prior to construction. Mitigation measures specific to the project's impacts on the riparian habitat may or may not be required. Should a 1601 permit be required, project effects would be mitigated through this process. The following required mitigation reduces the level of impact to a level of non -significance. 9. Prior to issuance of grading permits, the California Department of Fish and Game shall be notified and consulted on the possible necessity of a 1601 permit. Imacts. The project may disrupt a known archaeological resource and potential paleontological resources. The road also has the potential to have direct and secondary impacts on the Irvine Ranch Agricultural Headquarters, a potentially eligible historic district. Findings. Qualified archaeologists and paleontologists are required to monitor grading of the project and test for historic resources, averting possible negative impacts. Noise barriers and project design are considered to protect the integrity of the Agricultural Headquarters. The following mitigation is included to reduce these impacts to a Tevel of non -signifi- cance. 10. A limited test=level investigation shall be conducted by a quali- fied archaeologist to determine precisely the surface and subsur- face boundaries of CA -Ora -556 along the proposed route. Such testing would include a series of 1 x 1 meter excavation units placed in the area where grading for the roadway is anticipated. This investigation would provide the necessary information in order to determine the significance of the site. 11. Noise barrier measures such as the wall used to separate Irvine Boulevard from the eligible property shall be utilized to ensure compliance with State standards to minimize -noise impacts on oc- cupied residences within the eligible area and on any historic district which might be established in the future. 12. The materials, colors, design and landscaping of any fence or wall separating the North/South Road from the Irvine Agricultural Head- quarters complex shall be selected and approved by the City of T81T A ALUTION NO. 87-76 PAGE S OF 10 Tustin with careful consideration to preserving the rural character of the property eligible for future designation as an historic district. 13. A qualified paleontologist shall be retained to attend any pregrade meetings and monitor initial grading operations involving sensitive bedrock formations. If fossils are discovered, the paleontologist shall be allowed to divert or redirect grading in the vicinity of the remains in -order to evaluate and salvage exposed fossils. -Impacts. Implementation of the project would result in the introduc- tion of an arterial road through existing on-site agriculture and open space land uses. This roadway is included in the County's Master Plan of Arterial Highways and is shown on adopted plans for the Cities of Orange and Tustin. Within the City of Tustin, the impacts of the roadway and associated land uses are discussed in the East Tustin Specific Plan Final EIR. This FEIR and the discussions relating to land use have been incorporated into the North- South Road EIR by reference. The proposed land use is considered compatible with future land uses. The transition of agricultural uses to urban uses has also been studied in the previous EIR for the East Tustin Specific Plan. Mitigation is re- quired in that FEIR which allow for continued operation of agricultural acti- vities which serve to reduce impacts to incremental impacts and postpone impacts with the loss of agriculture in the general area. In addition, the City of'Orange has similarly adopted the Upper Peters Canyon Specific Plan which deals with some of these same land use issues. Findings. Based on the preceding analysis of existing and proposed land use and circulation plans, the project is not expected to result in any land use impacts not considered by previous EIRs. Impacts. The project is included in all relevant planning programs within the City of Tustin and the City of Orange. The project is also in- cluded in the County of Orange Master Plan of arterial highways. Possible effects on the northerly connection of the road are noted. In addition, two areas of controversy are noted and are summarized as follows: N 'ISIT A MUTION NO. 891-76 PAGE 6 OF 10 The future northerly extension (to SR -91) of the proposed North- South Road could impact several planned regional parks. Although the future extension is not within the scope of this document, concerns have been raised as to whether this project presets the future extension. However, as described in this EIR, at the time a northerly extension is proposed, an easterly alternative could be considered which could connect to the North-South Road as shown for the Easterly Alternative (Figure 7, page 47) and minimize or elimi- nate impacts on the parks in question. The need for consideration of an ultimate six lane section between Tustin Ranch Road and Santiago Canyon Road has been suggested by the City of Orange. This concern is prompted by uncertainties related to the ongoing decisions regarding the size and location of the future Eastern Transportation Corridor (ETC). Dependent upon the outcome of the ETC studies, a six lane facility could be re- quired. However, future projects such as the ETC will have to address the impacts of their implementation on the North-South Road. The subject project does not preclude the ability to imple- ment a six lane road if and when that decision and the resulting amendment to the Master Plan of Arterial Highways is completed. Findings. The following mitigation will reduce or negate potential significant impacts on relevant programs. 14. Final engineering design of the project shall not preclude the potential to later construct, in addition to the preferred align- ment, the Easterly Alternative which could become the northerly extension to SR -91. 15. The appropriate approval agencies shall refer, at the time of a - proposed northerly extension; to edge treatment, viewshed protec- tion and oak management mitigation measures as outlined on pages 61-63 of the Weir Canyon Park -Road Study (County of Orange, 1984). In addition, realignment of the northerly extension to a more easterly alternative shall also be considered as a potential miti- gation measure by that future project. In addition, the project is reserving right-of-way to accommodate six lanes north of Tustin Ranch Road, should future traffic analysis show they are needed. Therefore, there are no anticipated negative impacts on relevant planning programs should the City of Orange and/or the County of Orange decide that the six lane option is required. W)401 ,-.ALDTION NO. 87-76 PAGE 7 OF 10 TRAFFIC AND CIRCULATION Imacts. No adverse impacts have been identified relating to the proposed project. On Jamboree Road, south of the actual project being ad- dressed in this EIR, the five lane section will be adequate until 1991, but local intersection improvements will need to be implemented and will be addressed through and as development of the East Tustin Specific Plan area occurs. Findings. Because no adverse impacts have been identified, and the project is consistent with the County's Master Plan of Arterial Highways, and each city's General Plan, no mitigation is necessary. Impacts. Construction of the project will result in short-term con- struction related noise impacts. Future construction of residential, commer- cial and recreational uses along the road's corridor include setbacks and construction methods which mitigate long-term noise impacts. Findings. With the addition of the following mitigation -measure and assuming- compliance with federal, -State and local interior noise- standards for new residential construction, the identified potential impacts are miti- gated to a level of non -significance. 16. Compliance with the Orange County, Tustin and Orange Noise Ordi- nances will mitigate impacts associated with construction noise. To comply with the ordinance, most construction activities will be limited to daytime hours ort Monday through Fridays when occurring near residential areas. Impacts. Nuisance -level dust emissions are expected to result from grading activity associated with construction. Additional impacts associated with vehicle trips using the road have been identified and compared to regio- nal projections. The South Coast Air Quality Management District (SCAQMD) and the California Air Resources Board (CARB) have jurisdictional respon- sibility to monitor and regulate air quality within the region. The project and anticipated vehicle trips have been factored into the SCAQMD program for achieving healthful levels of air quality. Their program is designed to accommodate a moderate amount of new development. This project is anticipa- ted in the SCAQMD program, and is partially mitigated through this program's 10 `IXT A ,OLUTION NO. .87-76 PAGE 8 OF 10 standards for new and stationary and mobile source controls and energy con- servation measures. Findings. With inclusion of the following mitigation measure, region- al, local and construction related impacts are incremental in nature and insignificant or reduced to a level of non -significance: 17. Dust suppression measures, such as regular watering and early paving of the road, shall be implemented by the project proponent to reduce emissions during construction and grading. Impacts. Because the area is mostly undeveloped private land,' few visual points are available that would be negatively affected,by the project. However, limited areas of existing residential areas will be adversely af- fected. Analysis of line of sight views from these areas indicate limited opportunity for impacts. Findings. Because of intervening hills, ridgelines and other topo- graphic features, there is a very limited aesthetic/visual impact associated with road construction. The following mitigation measure is required to reduce these impacts to a level of non -significance: 18. Hard edges left by cut -and -fill operations shall be softened where visual impact can be a concern, during the plan -check stage of the p'roJect by Tustin, Orange and the County of Orange for their re- spective jurisdictions. 19. Due to the absence of natural topographical features, barrier berms, walls and/or a berm/wall combination shall be provided along the road at cross sections 4 and 5 to block or reduce visibility of the project from existing residential areas. The barrier shall be at a height sufficient to block views, as determined during the final roadway design phase. Imbacts. The majority of the project is in the City of Tustin. The remainder is in the City of Orange and small portions lie within the County's jurisdiction. All service demands generated by the project are integrally associated with the land uses proposed within the various specific develop- ment plans contemplated for each area. Provision of services are being coor- 11 "BIT A x.-.JLUTION NO. 87. 76 PAGE 9 and 10 1. dinated and planned with each phase of development within these jurisdic- tions. No adverse impacts have been identified. Findings. Because services will be provided on an as -needed basis for each phase of development, no adverse impacts are identified. As a better- ment to the project, the following mitigation measures have been added by the Lead Agency: 20. The City of Tustin Police Department recommends that, during the construction phase of the project, private security be provided for the protection of equipment and materials during non -working hours. This recommendation shall be implemented if deemed necessary by the contractor. 21. The following transit service features, supportive of public tran- sit, shall be considered for the project during the plan review: bus turnouts, consistent with the OCTD Design Guidelines for Bus Facilities; paved, lighted and handicapped accessible pedestrian walkways between development and bus stops; and bus shelters. .RESPONSE TO COMMENTS jm,acts. Although no additional impacts have been identified during the comment period which have not been mitigated, responses to comments in- clude corrections and clarifications of the Draft EIR (DEIR), expanded miti- gation measures, and additional mitigation required by the Lead Agency as 'betterments', to the project. The Response to Comments are combined with the DEIR to become the Final EIR (FEIR) upon certification by the City Coun- cil. Findinas., The Lead Agency has included in the Response to Comments/- FEIR additional mitigation measures which further reduce the effects of the project on the environment or serve to act as project "betterments". The following mitigation measures have been added to the DEIR: 6(a),If dewatering is necessary and discharge of wastewater is proposed, an NPDES Permit (wastewater discharge requirements) shall be ob- tained from the Regional Water Quality Control Board prior to any dewatering activity. 22. Nature trees, when not in the actual roadway alignment, shall be retained where feasible. Removal of any trees shall be authorized 12 'NIT A i%_�JLUTION- N.O. 87-76 'PAGE 10 of 10 by the appropriate jurisdictional authority only after specific review and approval of conditions of removal. In addition to the mitigation measure added above, the following miti- gation measures were revised for purposes of clarification or for additional project betterment as a response to comments: Mitigation Measure #12. -revised to include the option of alternative noise mitigation measures which may have an effect on the potentially his- toric Agricultural Headquarters. Mitigation Measure 011. -revised to further define protection of paleo- ntological resources. Mitigation Measure 018. -revised to allow alternative native vegetation screening options to reduce visual/aesthetic impacts. With the addition of the above mitigation measure and the clarification of above identified mitigation measures, the potential environmental effects of the project are further reduced. • The resulting impacts of the project after mitigation therefore remain at a level of non -significance. 13 Report to the �3"T Planning Commission DATE'.; JUNE 8, 1987 SUBJECT: DRAFT ENVIRONMENTAL IMPACT REPORT 87-1 NORTH/SOUTH ROAD PROJECT RECOMMENDED ACTION: • ITEM N0. 5 It is recommended that the Commission 1) open the public hearing on the subject EIR and receive testimony; 2) close the public hearing; and 3) direct staff to respond, in writing, to all written and verbal comments received in regards to the Draft EIR. BACKGROUND:. Draft Environmental Impact Report WEIR) 87-1 has been prepared in accordance with the California Environmental Quality Act (CEQA) and considers environmental implications of a proposed arterial highway. As the majority of the project is within the jurisdictional boundaries of the City, Tustin is acting as the lead agency in.processing the EIR. The proposed North/South Road is an- extension of Old Myford Road at least a portion of which will be renamed Jamboree Road. The proposed roadway will extend -north of I-5 to existing Chapman Avenue (realigned Santiago Canyon Road) and will traverse the eastern boundary of the City of Tustin, and extend into the City of Orange and unincorporated County area. The roadway will be a six lane facility to Tustin Ranch Road and a four lane facility from Tustin Ranch Road to Chapman Avenue. Pursuant to CEQA, after review of an initial study questionaire, it was determined that an environmental impact report was required in conjunction with the proposed roadway. Accordingly, a Notice of Prepareation was distributed to the State Clearinghouse, responsible agencies, and other interested parties. Additionally, a public scoping meeting was held early on in an effort to solicit further public response and input. Finally, in terms of notification of the availability of the DEIR, copies of the document were sent to responsible agencies and interested parties, and were made available at Tustin City Hall as noted in a press release issued to the Tustin News, Orange City News and the Orange County Register. Presently, the environmental consulting firm, LSA is preparing responses to written comments received to date. For Commission information, the formal public review period was from March 27 to April 27, 1987. Community Development Department Planning Commission Report North/South Road Draft EIR June 8, 1987 Page two PROJECT DESCRIPTION: The North/South Road, extends through the City of Tustin, Orange County and the City of Orange. Immediately adjacent to the west side of the alignment in the southern portion of the project is the East Tustin Specific Plan Area. Further to the north, the alignment borders the Upper Peter's Canyon Reservoir and the Upper Peter's Canyon Specific Plan tract. The alignment of the North/South Road is located easterly of the proposed Peter's Canyon Reservoir Regional Park (See Exhibit A). The limits of the project extend from Irvine Boulevard to slightly north of existing Chapman Avenue. Currently, there is a separate proposal to realign Chapman Avenue and Santiago Canyon Road. The northern limits of the project would be at future realigned Santiago Canyon Road. The project is intended to provide an additional north/south arterial to better serve the transportation needs of existing and future planned development in the region, to relieve congestion on other parallel roadways, such as Newport and Red Hill Avenues, and to provide relief to ChapmanAvenue west of the project by providing an alternate route out of the Orange area. This project represents the implementation of an arterial roadway which has been an assumed feature in several approved planning documents and projects. These documents include the East Tustin Specific Plan and the Upper Peter's Canyon Specific Pldn. In addition, the arterial roadway has been identified in the Master Plans of Arterial Highways for each jurisdiction, as described in the Traffic and Circulation Section of the EIR. The length of the North/South Road project is 4.9 miles, The project, as analyzed in the EIR, 1s a six -lane facility from Irvine Boulevard to Tustin Ranch Road and a four -lane facility from Tustin Ranch Road to existing Chapman Avenue. Based on the requirements of adjacent development and the conclusions of the traffic report, initial construction will include five lanes (three southbound and two northbound) from Irvine Boulevard to Tustin Ranch Road, and four lanes northerly of Tustin Ranch Road. The need to widening to six lanes from Irvine Bouldvard to Tustin Ranch Road would be implemented in conjunction with future adjacent development and would be financed through appropriate funds (relating to that development. Present plans -indicate the project, with the exception of the sixth lane between Irvine Bouldvard and Tustin Ranch Road, will be constructed in one phase. Construction is projected to start as early as July, 1987, and, with a fifteen - month construction period planned,. completion could then occur in October, 1988. Community Development Department Planning Commission Report North/South Road Draft EIR June 8, 1987 Page three PROJECT IMPACTS: Pursuant to CEQA, general environmental areas that may be potentially impacted by the North/South Road have been reviewedand addressed in the Draft EIR. Specifically, earth, water, biological and cultural resourses were considered. Also, land use, relevant planning programs, traffic and circulation, noise, air quality, aesthetic/visual resources and public service/utility impacts were analyzed. A summary..of the potential impacts, mitigation measures and the level of significance of the impacts after mitigation is attaached in -Table 1. Page numbers -indicated after each heading, indicate where items are discussed in the Draft EIR. In addition to, the effects listed on Table 1, concerns have been raised relating to three other issues. The first of these issues is the potential for a future northerly link or extension of the North/South Road to State Route 91. The second issue is the need for consideration of an ultimate six lane section of the road between Tustin Ranch Road and Santiago Canyon Road. The third issue is the impact the road may have on the Irvine Agricultural Headquarters as an historical area. Each of these areas of concern will be evaluated in the response to comments document currently being prepared and additional information will be presented at the public hearing. In terms of processing the following. schedule of actions are as follows: June 8, 1987 - Public hearing before the Planning Commission to receive public testimony on the Draft EIR. Staff to prepare written responses to all comments including written comments submitted to date. June 22, 1987 - Planning Commission to review all comments on Draft EIR and all responses thereto. Additionally, the Commission shall review and consider any changes 'to the Draft EIR necessitated by comments or responses thereto. After such review, the Commission will make a recommendation to the City Council concerning the adequacy of the Final EIR. Pursuant to CEQA, a Final EIR is defined as a document containing: the Draft EIR or a revision of the Draft; comments and recommendations received on the Draft EIR; a list of persons, organizations, and public agencies commenting on the Draft EIR; responses of the Lead Agency to significant points raised in the review and consultation process; and any other information added by the Lead Agency. July 6, 1987 - City Council will receive recommendations of the Commission and will consider certification of the Final EIR. Community Development Department Planning Commission Report North/South Road Draft EIR _ June 8, 1987 Page four SUMMARY: - The June 8, 1987 public hearing before the Commission is held to receive testimony on the subject EIR. This transmittal has conveyed background and procedural steps that are involved in the environmental review process. On June 8, the consulting firm of LSA will present information on the actual environmental document and will be available to respond to Commission concerns. Finally, at the June 22, 1987 meeting all information compiled and input received as of that date will be presented to the Commission as Final EIR 87-1. r40avi c5ristine sningleton Seni o1v Planner Director of Community 'D elopment JSD:pef . Attachments: Exhibit A - Location Map Table 1 - Impacts/Mitigation Measures Communitv Development Department / I M� F AVE Q� �� a , 4, Preesssc t: n TABLE 1 LEVEL OF SIGNIFICANCE POUNTIAL MVERSE IMPACTS MITIGATION MEASURES AFTER MITIGATION EARTH RESOURCES (PAGES 10 - 161 The project will require cut and fill activities, including approximately 726,000 cubic yards of export material The project area could be exposed'to potential landsliding. Stabilization or buttressing of, cut slopes will be applied primarily along eastemlly facing cut slopes, where adversely oriented bedding planes of the Vaqueros-Sespe Form- ation will likely be exposed. West- erly facing cut slopes and younger alluvial cut slopes will be buttressed as necessary. The best approximation of necessary buttressing will be de- termined prior to fieldwork and/.or issuance of a grading permit. Mitigated to a level of non- significance. Slope inclination will not exceed a Mitigated to a level of non - 2:1 (horizontal to vertical) ratio, significance. except in special cases where geo- technical data validates the ability to deviate from a 2:1 slope. The site contains come unsuitable soil, Removal of colluvium, alluvium, top- Mitigated to a level of non - some non-rippable, or difficult to rip soil, landslide debris and artificial significance. materials and some expansive compress- fill to suitable foundation earth ille superficial deposits. materials will be required prior to placement of fill in areas where these deposits occur. The project will encroach on three pipelines in the northerly portion. The project will be subject to ground - shaking in the event of an earthquake. Recommendations made by the geotech- Mitigated to a level of non- nical consultants (Pacific Soils significance. Engineertng, Inc.) during the final design phase regarding pipeline con- straints shall be adhered to. The road will be designed in actor- Mitigated to a level of non - dance with seismic design provisions significance. as published by the California Department of Transportation to pro- mote safety in the event of an earth- quake. W 11�1 LEVEL OF SIGNIFICANCE POTENTIAL ADVERSE IMPACTS MITIGATION MEASURES AFTER MITIGATION Implementation of the proposed project will result in short-term impacts to surface water quality during grading and construction. Erosion control measures will be dev- eloped and incorporated into final grading plans by the project pro- ponent to minimize potential in- creases in erosion and sediment transport during construction. An erosion/siltation control plan shall then be submitted by the pro- ject proponent for approval by Tus- tin, Orange and the County for their respective jurisdictions prior to ' initiation of construction activities. Mitigated to a level of non- significance. The project will result in a long-term Appropriate pollution control mea- Mitigated to a level of non - change in the composition of run-off sures, such as a street sweeping pro- significance. discharged. gram and periodic storm drain clear- ing will be conducted by the appro- priate agencies to reduce long-term water quality impacts. Long-term erosion and sedimentation control will be provided as part of the project with the inclusion of down -drains and terrace drains in appropriate areas of cut and fill within the road design. , BIOLOGICAL RESOURCES (PAGES 23 - 30) Construction of the project will result in Prior to issuance of grading permits, Assuming concurrence by Calif - the removal or loss of less than one acre the California Department of Fish and ornia Department of Fish and of riparian woodland and riparian thicket. Game shall be notified and consulted Game, mitigated to an accept - on the possible necessity of a 1601 able level. permit. LEVEL OF SIGNIFICANCE pgTJ.m=AL ADVERSE IMPACTS MITIGATION MEASURES AFTER MITIGATION The project may result in the disruption of an archaeological site which, according to existing records, could yield subsurface materials. The proposed project does not directly impact any structures of historical significance, but will bisect the elig- ible historic area and could affect the continuity of a potential future his- toric district. A limited test -level investigation shall be conducted by a qualified archaeologist to determine precisely the surface and subsurface boundaries of CA -Ora -556 along the proposed route. Such.testing would include a series of I x I meter excavation units placed in the area where grading for the roadway is anticipated. This investigation would provide the necessary information in order to determine the significance of the site. Noise barrier measures such as the wall used to separate Irvine Boule- vard from the eligible property shall be utilized to ensure compliance with State standards to minimize noise impacts on occupied residences with- in the eligible area and on any historic district which might be established in the future. The materials, colors, design and landscaping of any fence or wall separating the North/South Road from the Irvine Agricultural Headquarters complex shall be selected and approved by the City of Tustin with careful consideration to preserving the rural character of the property eligible for future designation as an historic district. Mitigated to an acceptable level. Mitigated to an acceptable level. T ) LEVEL OF SIGNIFICANCE POTEIITIAL ADVERSE IMPACTS MITIGATION MEASURES AFTER MITIGATION Altl no paleontologic resources are know+. _j occur on the project site, grading could uncover unrecorded fossil remains during excavation of sensitive bedrock formations. No impacts. The proposed project will not adversely impact current planning programs. How- ever, impacts could occur to the regional parks located northerly of the North-South Road terminus at the time a.northerly extension is proposed. A qualified paleontologist shall be retained to attend any pregrade meet-. Ings and monitor initial grading operations involving sensitive bedrock formations. If fossils are discovered, the paleontologist shall be allowed to divert or redirect grading in the vicinity of the remains in order to evaluate and, salvage exposed fossils. Mitigated to an acceptable level. Final engineering design of the This project will not result in project shall not preclude the any significant impacts to potential to later construct, in relevant planning programs. addition to the preferred align- ment, the Easterly Alternative which could become the northerly extension to SR -91. Recommendation The appropriate approval agencies shall refer, at the tine of a proposed northerly extension, to edge treatment, viewshed protection and oak management mitigation measures as outlined on pages 61-63 of the Meir Canyon Park -Road Study (County of Orange, 1984). In addition, realignment of the northerly exten- sion to a more easterly alternative shall also be considered as a potential mitigation measure by that future project. l� LEVEL OF SIGNIFICANCE ' Mp,..,IAL ADVERSE IMPACTS MITIGATION MEASURES AFTER MITIGATION i adverse impacts have been identified relating to the proposed project. On Jamboree Road, south of the actual pro- Ject being addressed in this EIR, the five lame section will be adequate until 1991, but local intersection improvements will meed to be implemented and will be addres- sed through and as development of the East Tustin Specific Plan area occurs. Gmstruction of the project will repre- seat a temporary short-term noise impact: Since no adverse impacts have been No significant impacts. identified, and since the project is consistent with the respective Master Plan; of Arterial Highways, no mitigation is necessary. Compliance with the Orange County, Tustin and Orange Noise Ordinances will mitigate impacts associated with construction noise. To comply with the ordinance most construction activities will be limited to daytime hours on Monday through Fridays when occurring near residential areas. Mitigated to a level of non- significance. ■misance level dust emissions will result Dust suppression measures, 'such as Mitigated to a level of non- fr" -oject construction activities. regular watering and early paving of significance. the road shall be implemented by the project proponent to reduce emissions during construction and grading. 7Me proposed project will be visible seme limited areas of existing residential development. Hard edges left by cut -and -fill operations shall be softened where visual impact can be a concern, as determined during the plan -check stagg of the project, by Tustin, Orange and the County of Orange for segments in their respective juris- dictions. Due to the absence of natural topo- graphical features, native tree and shrub plantings, landscaped barrier berms, walls and/or combinations of these screening features shall be provided along the road at cross sections 4 and 5, to block or reduce visibility of the project from existing residential areas. The barrier shall be at a height sufficient to substantially block views as determined during the final roadway design phase. The roadway screening plan shall be subject to the review and approval of the Director of Community Development, City of Tustin, and/or the appropriate jurisdiction. i Mitigated to a level to significance. LEVEL OF SIGNIFICANCE Pte,' L ADVERSE IMPACTS MITIGATION MEASURES AFTER MITIGATION PUBLIC SERVICES AND UTILITIES (PAGES 107 - 1141 RECOMMENDATIONS No adverse impacts identified. The City of Tustin Police Department recom- This measure is not required mends that, during the construction phase in response to an environ- of the project, private security be pro- mental impact, but rather vided for the protection of equipment and should be considered a better- materials during non-working hours. This ment or beneficial feature in- recommendation shall be implemented if corporated to improve the deemed necessary by the contractor. project. The following transit service features, supportive of public transit, shall be considered for the project during the plan review: bus turnouts, consistent with the OCTO Design Guidelines for Bus Facil- ities; paved, lighted and handicapped accessible pedestrian walkways between dev- elopment and bus stops; and bus shelters. Report to the Planning .Commission DATE: JUNE 229 1987 SUBJECT: FINAL EIR 87-1 — NORTH/SOUTH ROAD PROJECT ITEM N0. 2 - RECOMIENDED ACTIONS: 1. That the Commission review comments to Draft EIR 87-1 and responses thereto; 2. That the Commission by the adoption of Resolution No. 2415 recommend to the City Council certification of final EIR 87-1. BACKGROUND: On June 8, 1987 the Planning Commission held a public hearing for the purposes of soliciting comments on draft Environmental Impact Report 87-1. Following a presentation by staff, the public hearing was closed and Commission action on the subject document deferred until- all responses to comments could be forwarded for review. DISCUSSION Attached with this transmittal are written responses to all formal comments submitted by responsible agencies and interested parties. Additionally, responses to testimony received at the Commission's regular meeting on June 8, 1987 are also included. The action before the Commission in its capacity as an advisory body is to make a recommendation to- City Council on the adequacy of the Final EIR. As the provisions of the Caifornia Environmental Quality Act have been followed, and documentation verifying this process is included herein, it is recommended that the Commission recommend to City Council that EIR 87-1 be certified as final. Staff recommendation is based upon the summary of findings listed below. 1. That all proper notice and public review periods have been met. 2. That review of environmental issues required to be considered under CEQA have been adequately addressed and responses to comments have been prepared.. 3. That adverse impacts associated with -the proposed project have either been \f mitigated to a level of insignificance or are addressed via a statement of overriding considerations included in Resolution No. 2415. Community Development Department ' Planning Commission Report North/South Road June 22, 1987 Page two Upon compilation of the•Draft EIR, comments and responses thereto, minutes'of the June 8, 1987 and June 22, 1987 Planning Commission hearings and a resolution of the Commission forwarding recommendations to the City Council EIR 87-1 will be in its final form. The Draft EIR will be modified to reflect any changes brought about from response to comments. JSD:pef Attachments: Response to Comments Package Resolution No. 2415 Christine Shingleton Director of Communit Development Community Development Department A ,Planning Commission Minutes June 89 1987 Page two PUILIC NEARINU: 4. Variance No. 87-2 Applicant: Shoshana's• Location: 17480 E. Seventeenth Street Presentation: Laura Cay Pickup, Associate Planner Request: Request for a variance to permit a tenant identification sign of 19 square feet with less than the required setback. Resolution No. 2407D: A resolution of the Planning Commission of the City of Tustin, denying authorization for. a Variance of the • setback requirements to allow tenant identification on a free standing momm�miat sign at 17480 E. Seventeenth Street, Tustin 1 —Resolution No. 2407A: A resolution of the Planning Commission of the City of Tustin, authorizing a=Variance of the setback requirements and the commercial district sign requirements to allow tenant identification on a free standing monument sign at 17480 E. 17th Street, Tustin. _ Recommended action: Pleasure of the Commission. Commission asked staff to clarify sign issues regarding colors, lighting, banners, HU nom other signs and setbacks. The public hearing was opened at 7:58 p.m. The public hearing was closed at 7:59 p.m. Commissioner Weil moved Baker seconded to approve Variance No. 87-2 by the adoption Of eso u on NO. Z4U7A. motion carried 5-0. S. Draft Environmental Impact Report 87-1 - North/South Road Protect Presentation. Jeffrey Davis, Senior Planner Rob Balen, LSA, gave a brief summary of the Draft EIR. He offered to . answer any quests and noted that the final EIR mould be available on June 22, 1987. The public hearing was opened at 8:04 p.m. it inia Chester, 9371 Villa Hoods Dr, Villa Park, representing Sea and Sage Audobon Society, ooted that the Society would support the most easterly alternative to the North/South Road in order to preserve the Peter's Canyon Reservoir Regional Park. x naming Commission Minutes Jlme 8, 1987 Page three _ Ween Capp, 10031 Deer Raven, Cowan Heights, noted that the Draft EIR stated that lie iad would be able to be seen from six. (6) hones in the area. She asked that the location of these homes be disclosed. Ift 'public hearing was.closed at 8:09 p:m. Staff was directed to prepare responses to these issues for the June 229 1987 Waning Commission meeting. Commissioner Well clarified with Mr. Balen that there will be sufficient land set said*, for Us'possible expansion of the full length of the road, to be six (6) 1lknes. Commission also asked the status of the pipeline 'in regard to the Road. Mr. Balen vosp�that the Road will displace the water pipeline and they must be rerouted ander the road. 88D BUSINESS: �. Summary of Results of Residential Sign Code Survey Reesentation: Laura Cay Pickup, Associate Planner Commissioner Le Jeune noted that he was glad to see the survey, that it would help vt the tya sou program to utilize. The Commission noted to receive and file Ue report on the Residential Sign Code Survey, NEW BUSINESS: T. . • Large Family Day Care Homes ftesentation: Mary Ann Chamberlain, Associate Planner Bosolution No. 2408: A Resolution of the Planning Commission of the City of Tustin recommending amendment of Section 9223a6 of the Tustin Municipal Code relating .to Large Family Day Care Homes. The Commission clarified with staff the following: nuisance procedures; exterior boundaries and distances; making the Resolution extremely.clear regarding the ability to hold a public hearing; the availablity for adequate drop off sites; and. whether Ike department will' send public hearing notices to, the already existing licensees. Staff also clarified that this will not apply to already existing day care facilities. ­44'mmissloner Weil moved Baker seconded to direct staff to advertise a public hearing. s soon as possible and upona comp etion of any necessary environmental review for Zoning Ordinance Amendment No 87-01. Motion Carried 5-0. STAFF CONCERNS: D. Report on City Council Actions of June 1, 1987 meeting Presentation:. Christine Shingleton, Director of Community Development MINUTES TUSTIN PLANNING COMMISSION Lj3c�Ijr��; 3adCI� JUNE 291, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CAU.: Present: Puckett, Weil, Le Jeune, Pontious Absent: Baker PUBLIC CONCERNS: .(Limited to 3 minutes per person for items not on the agenda) CONSENT CALENDAR: IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Approval of Minutes of June 8, 1987 Planning Commission Meeting 2. Final EIR 87-1 - North/South Road Project Adopt'Resolution No. 2415: A Resolution of the Planning Commission of the City of Tustin that the Enviromental Impact Report prepared in conjunction with the North/South Road Project is recognized as adequate and complete making findings with respect to mitigation of significant environmental effects and recommending to the City Council certification on Final Environmental Impact Report 87-1 3. General Plan Consistency / North/South Road Project Chairman Puckett pulled Item 2 for further discussion. Commissioner Weil moved Le Jeune seconded to approve the consent calendar Items 1 and 3. Motion carried: 4-0. Staff noted that there were some typographical errors in the Response to Comments that would be rectified before going to City Council. - AAileen�Ca , 10031 Deer Haven, Cowen Heights, requested that the Response to Comments si t tact addresses from which the project would be visible. Rob Balen, LSA, stated that he had completed another check of the view shed, it would avT a no-mpact on Deer Haven Commissioner Weil, asked that staff comply.with Ms. Capp's request. Planning Commission Minutes June 29, 1987 Page two Staff will clarify Figure 23 to reflect that addition. Item 2 - Commissioner Weil moved Puckett seconded to recognize EIR 87-1 as adequate and complete and to recommend to City Count certification of EIR 87-1 by the adoption of Resolution No. 2415 with the addition that the Response to Comments reflect the addresses of Ms. Capp's concerns expressed at the Commission meeting of June 8, 1987. Motion carried 4-0. PUBLIC HEARINGS 4. Zoning Ordinance Amendment 87-02 - Large Family Day Care Homes 11 Recommendation: Recommend to the City Council approval of Zoning Ordinance Amendment No. 87-02 by the adoption of Resolution No. 2408. Resolution No. 2408: A Resolution of the Planning Commission of the City of Tustin recommending amendment of Section 9223x6 of the Tustin Municipal Code relating to Large Family Day Care Homes Presentation: Jeffrey S. Davis, Senior Planner The public hearing was opened at 7:42 p.m. The public hearing was closed at 7:43 p.m. Commissioner Weil moved Puckett seconded approval of Zoning Ordinance Amendment 87-2 y the adoption of Resolution No. w th the following changes: Page 1, Section II a) the last phrase to read "and a list of property owners within 100 feet of the exterior property boundaries of the proposed day care home." and Page 2, Section g) to read "The play, yard of the home must be enclosed by a minimum six-foot high fence setback from the required front yard." Motion carried: 4-0. S. Use Permit No. 87-12 Applicant: Bonnie Engieberg of Saba's Market 13841 Tustin East Drive Tustin, Ca. 92680 Location: 14161. Newport Avenue, Suites C and D Zoning: C-1; Retail Commercial Request: Authorization for an off-site beer and wine license in conjunction with a 890 square foot convenience market use. Resolution No. 2410: A Resolution of the Planning Commission of the City of Tustin, authorizing off-site beer and wine sales in conjunction with a 890 square foot convenience market use at 14161 Newport Avenue, Unit C and D.. Presentation: Laura Cay Pickup, Associate Planner The public hearing was opened at 7:52 p.m. The public hearing was closed at 7:53 p.m. Planning Commission Minutes June 29, 1987 Page three Commissioner Puckett clarified with staff that Parents Who Care had no negative response tot s tem. Commissioner Le Jeune moved Weil seconded to approve Use Permit No. 87-12 by the adoption o eso ut on No. z4iu. Notion carried: 4-0. The Commission recessed at 7:55 p.m. The Commission reconvened at 8:35 p.m. OLD BUSINESS 6. Zone Chanae 87-1. 87-2 and General Plan Amendment 87-1 Location: Properties located on the west side of Newport Avenue between the I-5 Freeway and Mitchell Avenue and on the east side of Newport Avenue between Main and San Juan Streets. Recommendation: Direct staff to advertise a public hearing for Zone Change 87-1, 87-2 and General Plan Amendment 87-1. ,-- Presentation: Laura Cay Pickup, Associate Planner Commissioners Le Jeune clarified that development under PUD would require a Use Permi t. Mr. Robert Laird 13548 La. Jara St., Cerritos, a property owner on the south side of u freeway ee s that his property is being devalued by the freeway widening and the City's proposal. . Staff noted that appraisals indicate that the property value might be increased if it were changed from residential to commercial. Commissioner Le Jeune asked that staff add the proposed freeway expansion on the map. Mr. Phil Shindler, property owner on Newport Avenue indicated that he felt the area needed to be developed and was in favor of the changes. He asked for Planning Commission input regarding what they desire to see in that area. Commissioner Weil, asked that staff verify that property owners and businesses within 300 feet are noticed and also that PCC is the most flexible commercial zoning development plan possible. Commissioner Puckett asked the schedule for the public hearing. The planning Commission ear ng will be on July 13, the first reading of the required Ordinance before City Council is tentatively scheduled for July 20, and the second reading is tentatively scheduled for August 3. Commissioner Puckett moved Pontious seconded to direct staff to advertise a public hearing for Zone Change -1, 37-2 an neva Plan Amendment 87-1. Vote 4-0. Planning Commision Minutes June 29, 1987 Page four NEW BUSINESS STAFF CONCERNS 7. Presentation: Christine Shingleton, Director of Community Development S. Re -organization of Planning Commission It was noted that at..the next Commission meeting, reorganization of the Commission is required. COMMISSION CONCERNS: Commissioner Le Jeune asked the status on Sign Code and Parking Ordinance meetings. Commissioner Weil asked that staff agendize the issue of sign guidelines at Tustin Plaza in or er to include orange and asked the status on the meeting with City Council for joint workshop. She requested an informal agenda for that meeting. ADJOURNMENT: At 9:10 p.m. the meeting was adjourned to the next regular scheduled meeting on July 13, 1987 at 7:30 p.m. by unanimous informal consent. Charles E. Puckett Chairman Penni Foley Recording Secretary 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. 2415 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN FINDING THAT THE ENVIRONMENTAL IMPACT REPORT (EIR 87-1) PREPARED IN CONJUNCTION WITH THE NORTH/SOUTH ROAD PROJECT IS RECOGNIZED AS ADEQUATE AND COMPLETE MAKING FINDINGS WITH RESPECT TO MITIGATION OF SIGNIFICANT ENVIRONMENTAL EFFECTS AND RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT 87-1 WHEREAS, as part of the implementation of the City of Tustin's General Plan and the East Tustin Specific Plan, the North/South Road project (hereinafter "project") has been proposed; and WHEREAS, it is the policy of the State of California and the City of Tustin, in accordance with the provisions of the California Environmental Quality Act of 1970 (hereinafter "CEQA"), as amended (Public Resources Code, Section 21000 et seq.), and the State Guidelines for Implementation of CEQA, as amended (California Administrative Code, Section 15000 et seq.) that the City shall not approve a project unless there is no feasible way to lessen or avoid significant effects; meaning all impacts have been avoided to the extent feasible or substantially lessened and any remaining unavoidable significant impacts are acceptable based on CEQA, Section 15093; and WHEREAS, an Environmental Impact Report (hereinafter "EIR") has been prepared and circulated, pursuant to the requirements of CEQA; and WHEREAS, the Planning Commission has read and considered all environmental documentation comprising the EIR. including, but not. limited to, the East Tustin Specific Plan Final EIR, has found that the EIR considers all potentially significant environmental impacts of the proposed - project, is complete and adequate, and fully complies with all requirements of CEQA, and the State guidelines for implementation; and WHEREAS, the California. Environmental Quality Act (herinafter CEQA) and the State CEQA Guidelines provide that no public agency shall approve or carry .out a project for which -an EIR has been completed and which identifies one or more significant effects of the project unless the public agency makes written findings for each of the significant effects, accompanied by a statement of facts supporting each finding; and WHEREAS, the Planning Commission has considered all significant impacts, mitigation measures, and project alternatives identified in the EIR, has found that all potentially significant impacts of the project have been avoided -or lessened toa level of non -significance; and 1 2 3 4 5 6 7 10 11 12 13 14 15 17 18 19 20 21 ©I 25 26 27 281 Resolution No. 2415 Page two NOW, THEREFORE, be it resolved that the Planning Commission of the City of Tustin does hereby find that EIR 87-1 in -its entirety with all responses to comments is adequate and complete and recommends to the City Council the following: 1. Adoption of the CEQA findings and Statement of Facts attached hereto as Exhibit A and incorporated herein by this reference. 2. Certification of Final Environmental Impact Report 87-1. PASSED, ADOPTED AND APPROVED by the Planning Commission of a City of Tustin, California. 'at a regularly adjourned meettn on the 2 day of June, 1987. ar es E. Puckett Chairman enn To"My Recording Secretary E IT A RL„ UTION NO. 2415 PAGE 1 OF 10 The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) provide: "No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each find- ing. The possible findings are: (1) Changes or alterations have been required in, or incorporated into.- the project which avoid or sub- stantially lessen . the significant environmental effect as identified in the final EIR. (2) Such changes or alterations are within the responsi- bility and jurisdiction of another -public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (3) Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. (b) The findings required by subsection (a) shall be supported by substantial evidence in the record." (CEQA Section 15091). The City of Tustin proposes to approve the North-South Road consistent with the East Tustin Specific Plan. Because the project has the potential to bring about impacts on the environment, the City caused an Environmental Impact Report (EIR) to be prepared. This EIR has found certain significant effects which may occur as a result of the project. The EIR also includes mitigation for each effect, which substantially lessens the effect on the environment. Further, after the EIR has been .determined to be complete 'and to have been prepared in accordance with CEQA, the Planning Commission does, hereby, set forth the following findings: F 'IT A Ra., .. UTION NO. 2415 PAGE 2 OF 10 Imo. Development of the project as proposed will result in poten- tial adverse impacts resulting from destabilization of slopes, exposure of cut slopes, placement of fill, exposure of pipelines and large areas of grading. The project will require cut and fill activities, including approx- imately 720,000 cubic yards of export material. In addition, potential hazards have been identified due to potential land slides, and ground shaking in the event of a seismic event. Findings. Slope stabilization, slope and cut performance criteria, foundation criteria and road/construction engineering measures have been included as project mitigation to lessen the effects to a level of non -signi- ficance. The following mitigation measures .shall be incorporated into the project as mitigation of the identified impacts: 1. Stabilization or buttressing of cut slopes will be applied primar- ily along easterly -facing cut slopes, where adversely oriented bedding planes of the Vaqueros-Sespe Formation will likely be exposed. Westerly facing cut slopes and younger alluvial cut slopes will be buttressed as necessary. The best approximation of necessary buttressing will be determined prior to fieldwork and/or issuance of a grading permit. 2. Slope inclination will not exceed a 2:1 (horizontal to vertical) ratio, except in special cases where geotechnical data validates the ability to deviate froim a 2:1 slope. 3. Removal of colluvium, alluvium, topsoil, landslide debris and artificial fill to suitable foundation earth materials. will be required prior to placement of fill in areas where these deposits occur. 4. Recommendations made by the geotechnical consultants (Pacific Soils Engineering, Inc.) during the final design phase regarding pipeline constraints shall be adhered to. P -TIT A LUTION NO. 2415 PAGE 3 OF 10 S. The road will be designed in accordance with seismic design provi- sions as published by the California Department of Transportation to promote safety in the event of an earthquake. Imoacts. Implementation of the proposed project will result in short- term impacts to surface water quality during grading and construction. Long- term changes in the composition of run-off discharged in the area of the project will occur. Effects can be expected in the northern sector of the project in the Peters Canyon Wash watershed, the San Diego Creek and, ulti- mately, the Upper Newport Bay. Findings. Alterations in construction methods, the addition of erosion control measures and project design changes have been required -in the follow- ing mitigation measures to reduce -the impacts to a level of non -significance: 6. Erosion control measures will be developed and incorporated into final grading plans by the project proponent to minimize potential increases in erosion and sediment transport during construction. An erosion/siltation control plan shall then be submitted by the project proponent for approval by Tustin, Orange and the County of Orange for their_ respective jurisdictions prior to initiation of construction activities. 7. Appropriate pollution control measures, such as a street sweeping program and periodic storm drain clearing, will be conducted by the appropriate agencies to reduce long-term water quality impacts. 8. Long-term erosion and sedimentation control will be provided as part of the project with the inclusion of down -drains and terrace drains.in appropriate areas of cut and fill within the road design. jam acts.. Construction of the project will result in the removal of less than one acre of riparian woodland and riparian thicket. The road will disrupt four major plant communities one of which, the riparian zone, has significant value. The remaining habitats that are effected are common in Orange County and are considered insignificant. The total acreage of signi- ficanteriparian area that will be disrupted by the project is less than one acre. F UT A B.. AXTION NO. 2415 FACE 4 OF 10 Findings. Due to the amount of acreage being disrupted, the project proponent is required to notify and consult with the California Department of Fish and Game prior to construction. Mitigation measures specific to the project's impacts on the riparian habitat may or may not be required. Should a 1601 permit be required, project effects would be mitigated through this process. The following required mitigation reduces the level of impact to a level of non -significance. 9. Prior to issuance of grading permits, the California Department of Fish and Game shall be notified and consulted on the possible necessity of a 1601 permit. CULTURAL RESOURCES jams. The project may disrupt a known archaeological resource and potential paleontological resources. The road also has the potential to have direct and secondary impacts on the Irvine Ranch Agricultural Headquarters, a potentially eligible historic district. Findings. Qualified archaeologists and paleontologists are required to monitor grading of the project and test for historic resources, averting possible negative impacts. Noise barriers and project design are considered to protect the integrity of the Agricultural Headquarters. The following mitigation is included to reduce these impacts to a level of non -signifi- cance. 10. A limited test -level investigation shall be conducted by a quali- fied archaeologist to determine precisely the surface and subsur- face boundaries of CA -Ora -556 along the proposed route. Such testing would include a series of 1 x 1 meter excavation units placed in the area where grading for the roadway is anticipated. This investigation would provide the necessary information in order to determine the significance of the site. 11. Noise barrier measures such as the wall used to separate Irvine Boulevard from the eligible property shall be utilized.to ensure compliance with State standards to minimize noise impacts on oc- cupied residences within the eligible area and on any historic district which might be established in the future. 12. The materials, colors, design and landscaping of any fence or wall separating the North/South Road from the Irvine Agricultural Head- quarters complex shall be selected and approved by the City of 7. TIT A RL..,.,iuTION No. 2415 PAGE 5 OF 10 Tustin with careful consideration to preserving the rural character of the property eligible for future designation as an historic district. 13. A qualified paleontologist shall be retained to attend any pregrade meetings and monitor initial grading operations involving sensitive bedrock -formations. If fossils are discovered, the paleontologist shall be allowed to divert or redirect grading in the vicinity of the remains in -order to evaluate and'salvage exposed fossils. )ma,cts:Implementation of the project would result in the introduc- tion of an arterial road through existing on-site agriculture and open space - land uses. This roadway is included in the County's Master Plan of Arterial Highways and is shown on adopted --plans for the Cities of Orange and Tustin. Within the City of Tustin, the impacts of the roadway and associated land uses are discussed in the East Tustin Specific Plan Final EIR. This FEIR and the discussions relating to land use have been incorporated into the North- South Road EIR by 'reference. The proposed land use is considered compatible with future land uses. The transition of agricultural uses to urban uses has also been studied in the previous EIR for the East Tustin Specific Plan. Mitigation is re- quired in that FEIR which allow for continued operation of agricultural acti- vities which serve to reduce impacts to incremental impacts and postpone impacts with the loss of agriculture in the general area. In addition, the City of"Orange has similarly adopted the Upper Peters Canyon Specific Plan which deals with some of these same land use issues. Findings. Based on. the preceding analysis of existing and proposed land use and circulation plans, the project is not expected to result in any land use impacts not considered by previous EIRs. RELEVANT PLANNING PROGRAMS jam. The project is included in all relevant planning programs within the City of Tustin and the City of Orange. The project is also in- cluded in the County of Orange Master Plan of arterial highways. Possible effects on the northerly connection of the road are noted. In addition, two areas of controversy are noted and are summarized as follows: 8 E IT A n., .DTION NO. 2415 PAGE 6 OF 10 The future northerly extension (to SR -91) of the proposed North- South Road could impact several planned regional parks. Although the future extension is not within the scope of this document, concerns have been raised as to whether this project presets the future extension. However, as described in this EIR, at the time a northerly extension is proposed, an easterly alternative could be considered which could connect to the North-South Road as shown for the Easterly Alternative (Figure 7, page 47) and minimize or elimi- nate impacts on the parks in question. The need for consideration of an ultimate six lane section between Tustin Ranch Road and Santiago Canyon Road has been suggested by the City of Orange. This concern is prompted by uncertainties related to the ongoing decisions regarding the size and location of the future Eastern. Transportation Corridor (ETC). Dependent upon the outcome of the ETC studies, a six lane facility could be re- quired. However, future projects such as the ETC will have to address the impacts of*their implementation on the North-South Road. The subject project does not preclude the ability to imple- ment a six lane road if and when that decision and the resulting amendment to the Master Plan of Arterial Highways is completed. Findinas. The following mitigation will reduce or negate potential Significant impacts on relevant programs. 14. Final engineering design of the project shall not preclude the potential to later construct, in addition to the preferred align- ment, the Easterly Alternative which could become the northerly extension to SR -91. 15. The appropriate approval agencies shall refer, at the time of a proposed northerly extension, to edge treatment, viewshed protec- tion and oak management mitigation measures as outlined. on pages 61-63 of the Meir Canyon Park -Road Study (County of Orange, 1984). In addition, realignment of the northerly extension to a more easterly alternative shall also be considered as a potential miti- gation measure by that future project. In addition, the project is reserving right-of-way to accommodate six lanes north of Tustin Ranch Road, should future traffic analysis show they are needed. Therefore, there are no anticipated negative impacts on relevant planning programs should the City of Orange and/or the County of Orange decide that the six lane option is required. TIT A L LUTION NO. 2415 PAGE 7 OF 10 Imp. No adverse impacts have been identified relating to the proposed project. On Jamboree Road, south of -the actual project-being.ad- dressed in this EIR, the five lane section will be adequate until 1991, but local intersection improvements will need to be implemented and will be addressed through.and as development of the East Tustin Specific Plan area occurs. Findings. Because no adverse impacts have been identified, and the project is consistent with the County's Master Plan of Arterial Highways, and. each city's General Plan, no mitigation is necessary. Imoacts. Construction of --the project will result in short-term con- struction related noise impacts. Future construction of residential., commer- cial and recreational uses along the road's corridor include setbacks and construction methods which mitigate long-term noise impacts. Findings. With the addition of the following mitigation measure and assuming compliance with federal, State and local interior noise standards for new residential construction, the identified potential impacts are miti- gated to a level of non -significance. 16. Compliance with the Orange County, Tustin and Orange Noise Ordi- nances will mitigate impacts associated with construction noise. To comply with the ordinance, most construction activities will be limited, to daytime hours on Monday through Fridays when occurring near residential areas. Facts. Nuisance -level dust emissions are expected to result from grading activity associated with construction. Additional impacts associated with vehicle trips using the road have been identified and compared to regio- nal projections. The South Coast Air Quality Management District (SCAQMD) and the California Air Resources Board (GARB) have jurisdictional respon- sibility to monitor and regulate air quality within the region. The project and anticipated vehicle trips have been factored into the SCAQMD program for achieving healthful levels of air quality. Their program is designed to accommodate a moderate amount of new development. This project is anticipa- ted in the SCAQMD program-, and is partially. mitigated through this program's 10 'TIT A . ELUTION NO. 2415 PAGE 8 OF 10 standards for new and stationary and mobile source controls and energy con- servation measures. Findings. With inclusion of the following mitigation measure, region- al, local and construction related impacts are incremental in nature and insignificant or reduced to a level of non -significance: 17. Dust suppression measures, such as regular watering and early paving of the road, shall be implemented by the project proponent to reduce emissions during construction and grading. Imoacts. Because the area is mostly undeveloped private land, few visual points are available that would be negatively affected by the project. However, limited areas of existing residential areas will be adversely af- fected. Analysis of line of sight views from these areas indicate limited opportunity for impacts. Findings. Because of intervening hills, ridgelines and other topo- graphic features, there is a very limited aesthetic/visual impact associated with road construction. The following mitigation measure is required to reduce these impacts to a level of non -significance: 18. Hard edges left by cut -and -fill operations shall be softened where visual impact can be a concern, during the plan -check stage of the project by Tustin, Orange and the County of Orange for their re- spective jurisdictions. 19. Due to the absence of natural topographical features, barrier berms, walls and/or a berm/wall combination shall be provided along the road at cross sections 4 and S.to block or reduce visibility of the project from existing residential areas. The barrier shall be at a height sufficient to block views, as determined during the final roadway design phase, Imoacts. The majority of the project is in the City of Tustin. The remainder is in the City of Orange and small portions lie within the County's jurisdiction. All service demands generated by the project are integrally associated with the land uses proposed within the various specific develop- ment plans contemplated for each area. Provision of services are being coor- 11 EF I A M_..JTION NO. 2415 PAGE 9 and 10 dinated and planned with each phase of development within these jurisdic- tions. No adverse impacts have been identified. Findings. Because services will be provided on an as -needed basis for each phase of development, no adverse impacts are identified. As a better- ment to the project, the following mitigation measures have been added by the Lead Agency: 20. The City of Tustin Police Department recommends that, during the construction phase.of the project, private security be provided for the protection of equipment and materials during non -working hours. This recommendation shall be implemented if deemed necessary by the contractor. 21. The following transit service features, supportive of public tran- sit, shall be considered for the project during the plan review: bus turnouts, consistent with the OCTD Design Guidelines for Bus Facilities; paved, lighted and handicapped accessible pedestrian walkways between development and bus stops; and bus shelters. jam. Although no additional impacts have been identified during the comment period which have not been mitigated, responses to comments in- clude corrections and clarifications of the Draft EIR (DEIR), expanded miti- gation measures, and additional mitigation required by the Lead Agency as betterments', to the project. The Response to Comments are combined with the DEIR to become the Final EIR (FEIR) upon certification by the City Coun- cil. Findings.. The Lead Agency has included in the Response to Comments/- FEIR additional mitigation measures which further reduce the effects of the project on the environment or serve to act as project 'betterments". The following mitigation measures have been added to the DEIR: 6(a),If dewatering is necessary and discharge of wastewater is proposed, an NPDES Permit (wastewater discharge requirements) shall be ob- tained from the Regional Water Quality Control Board prior to any dewatering activity. 22. Nature trees, when, not in the actual' roadway alignment, shall be retained where feasible. Removal of any trees shall be authorized 12 E8 T A 1tEb JTION N0. 2415 PAGE 10 of 10 by the appropriate jurisdictional authority only after specific review and approval of conditions of removal. In addition to the mitigation measure added above, the following miti- gation measures were revised for purposes of clarification or for additional project betterment as a response to comments: Mitigation Measure #12. -revised to include the option of alternative noise mitigation measures which may have an effect on the potentially his- toric Agricultural Headquarters. Mitigation Measure #11. -revised to further define protection of paleo- ntological resources. Mitigation Measure 018. -revised to allow alternative native vegetation screening options to reduce visual/aesthetic impacts. With the addition of the above mitigation measure and the clarification of above identified mitigation measures, the potential environmental effects of the project are further reduced. • The resulting impacts of the project after mitigation therefore remain at a level of non -significance. 13 • STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Coaeission of the City of Tustin, California; that Resolution No. o2 VIS was duly passedand adopted at a -regular meeting of the�tin Planning Commission, held on the z day of , 198 - 3ENN ABLE ecording Secreta July 3, 1907 City Council City of Tustin Dear Councilmembers: The current alignment of the North-South Road will be visible to some of the existing residences in Cowan Heights. We request that you consider aligning the visible portion easterly so that it is not visible from existing residences. If a realignment is not possible we request that more detail be given to the mitigation measures aimed at screening noise from and views of the road as outlined in the project EIR. Sp6cifically,,where the road would be visible a 20 foot berm or berm and wall combination would be built to screen the project from the already existing residences. We appreciate the opportunity to bring this request to your attention. Sincerely, �rTez'� o 0 v / IDa 3 / DLOer1iavPv7 looi;- ! Cso)% p2Cr�rq�e� ,Qr M2� :�K 5- -h- / . 74Z4� io193 ovffA - ��