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HomeMy WebLinkAboutAA Plan Commission #1 7-6-87.':NDA ACTXON AGENDA TUSTIN PLANNING C(WI41SSION NO. 1 7-6-87 REGULAR MEETING JUNE 29, 1987, CALL TO ORDER: 7:30 p.m., City Counctl Chambers PLEDGE OF ALLEGTANCE/ZNYOCATXON ROLL CALL: Present: Puckett, Wet1, Le Jeune, Pontlous Absent: Baker PUBLIC CONCERNS: .(Limited to 3 minutes per person for 1rems not on the agenda) 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. CONSENT CALENDAR: (ALL MATTERS LZSTED 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.) Approval of Minutes of June 8, 1987 Planning Commission Meeting 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 Impac~ 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 Chatr~an Puckett pulled Item 2 for further discussion. Co.missioner #etl moved, Le deune seconded to approve the consent calender Items I and 3. Vote: 4-0. Item 2 - Commissioner Well moved, Puckett seconded to recognize EZR 87-1 as adequate and complete and to recommend to City Counctl the certification of EIR 87-1 by the adoption of Resolution No. 2415 vlth the addttton that the Response to Com~nts reflect the addresses of Hs. Capp's concerns expressed at the ConaHsston meettng of 3un, 8, 1987. Hotton carrted 4-0. PUBLIC HEARINGS 4. Zoning Ordinance Amendment 87-02 - Large Famtl¥ Day Care Homes P1 anntng Corem1 sston Act1 on Agenda June 29, 1987 ~age two Recommendatt on: Recommend to the Ctty Counct1 approval of Zontng Ordinance Amendment No. 87-02 by the adoptlon of Resolution No. 2408. Resolution No. 2408: A Resolution of the Planntng Commission of the Ctty of Tusttn recommending amendment of Sectton g223a$ of the Tusttn Municipal Code relattng to'Large Famtly Day Care Homes Presentation: Jeffrey S. Davts, Sentor Planner ~tsstoeer #etl moved,. P.uckett seconded appreval of Zontng Ordinance Amendment 87-2 by the adoptton of Resolution No. 24O8 with the folloutng changes: Page 1, Sectton TT a) the last phrase to read "and a 11st of property ewmers vlthtn 100 feet of the extertor property boundaries of the proposed day care home." and Page 2, Sectton g) to read 'The play yard of the home must be enclosed by a mintmum s?x-foot htgh fence setback from the requtred front yard." Vote: 4-0. PUBLZC HEARZNGS (continued) 5. Use Permtt No. 87-12 Applicant: Location: Zontng: Request: Resolution No. 2410: Bonnte Engleberg_of Saba's Market 13841Tusttn East Ortve Tusttn, Ca. 92680 14161 Newport Avenue, Suttes C and D C-l; Retatl Commercial Authorization for an off-site beer and wtne 11cense con]unction wtth a 890 square foot convenience market use. tn A Resolution of the Planntng Coretsston of the Ctty of Tusttn, authorizing off-stte beer and wtne sales tn con~unctton wtth a 8go square foot convenience market use at 14161 Newport Avenue, Untt C and O. Presentation: Laura Cay Ptckup, Associate Planner Commissioner Le ~eune moved, #etl seconded to approve Use Permit No. 87-12 by the adoptlon of Resolution NO. 2410. Vote 4-0. The Comdsslon recessed at 7:55 p.m. The CoumdssJon reconvened at 8:35 p.m. OLD BUSINESS Location: Zone Change 87-1, 87-2 and General Plan Amendment 87-1 Recommendation: Properties located on the west slde of Newport Avenue between the I-$ Freeway and Mttche11 Avenue and on the east stde of Newport Avenue between Main and San Juan Streets. 0trect staff to advertise a publlc heartng for Zone Change 87-1, 87-2 and General Plan Amendment 87-1. Presentation: Laura Cay Ptckup, Associate Planner Planntng Commission Actton Agenda 3une 29, 1987 ~age three Colmlsstoner Puckett moved, Pontlous seconded to dtrect staff to advertise a pub]tc he~rtng for Zone Change 87-1, 87-2 and General Plan Amondient 87-1. Vote 4-0. NL:N BUSZN[S$ STN~ CONCERNS 7. Report on Ctty Counctl Acttons ?aken at June 15, 1987 and June 22, 1987 meettn~s Presentation: Christine Shtngleton, Otrector of Community Development 8. Re-organization of Plannln9 Commission C{)ltqZS$I0# CO#CEE#S: ComHsstoner Le Jeune asked the status on St§n Code and Parklng 0rdlnence neetlngs. Comlsstoner ¥etl asked that staff agendtze the tssue of sl§# guidelines at Tustt, Plaza tn order to t,¢lude orange and asked the status o, the neettng with Clty Counctl for ~olnt morkshop. She requested an tefor~l agenda for that neettng. AD~)URBIE#T: At 9:10 p.m. the meettng was adjourned to the next regular scheduled meettng on July ~3, 1987 at 7:30 p.m. /per AGENDA TUSTIN PLANNING COHMI$$ION REGULAR NEE'TING · IUNE 22, 1987 -_ _- -_ -__- CALL TO ORDER: 7:30 p.m., Ctty Council Chambers PLEDGE OF ALLEGZANCE/INVOCATION ROLL CALL: Puckett, Well, Baker, Le Jeune, Ponttous PUBLIC CONCERNS: (Limited to 3 minutes per person for 1rems not on the agenda) IF YOU HISH 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. CONSENT C~ENDAR: (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.) Approval of Minutes of June 8, 1987 Planning Commission Meeting Final EIR 87-1 - North/South Road Project Adopt Resolution No. 2415: A Resolution of the Planning Commission of the City of Tusttn that the Envtromental 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 PUBLIC HEARINGS 4. Zontn9 Ordinance Amendment 87-02 - Large Famtl¥ Day Care Homes Recommendation: Recommend to the City Council approval of Zoning Ordinance Amendment No. 87-02 by the adoption of Resolution No. 2408. tesolutton No. 2408: A Resolution of the Planning Commission of the City of Tustin recommending amendment of Section g223a6 of the Tusttn Municipal Code relating to Large Family Day Care Homes Presentation: Jeffrey S. Davis, Senior Planner Planntng 'Corem1 ssi on Agenda June 22, 1987 Page two PUBLTC HEARTNGS (continued) 5. Use Permtt No. 87-12 Appli cant: Location: Zontng: Request: Resolution No. 2410: Bonnte Engleberg of Saba's ~arket 13841 Tusttn East Drive Tusttn, Ca. 92680 14161 Newport Avenue, Suites C and D C-1; Retatl CommercJal Authorization for an off-stto beer and wtne 11cerise conjunction with a 890 square foot convenience market use. in A Resolution of the Planning Commission of the City of Tusttn, 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: OLD BUSXNESS Laura Cay Pickup, Associate Planner 6. Location: Zone Change 87-1, 87-2 and General Plan Amendment 87-1 Recommendation: Properties located on the west side of Newport Avenue between the I-$ Freeway and Mitchell Avenue and on the east side of Newport Avenue between Main and San Juan Streets. 0trect staff to advertise a public hearing for Zone Change 87-1, 87-2 and General Plan Amendment 87-1. Presentation: NEll BUSINESS Laura Cay Pickup, Associate Planner STAFF CONCERNS e Report on City Council Actions Taken at June 15, 1987 Meeting ~on: Christine Shingleton, Director of Community Develqpment -*tton of Planning Commission -cheduled meeting on July 13, 1987 at 7:30 p.m. MZNUTES TUSTIN PLANNING COIgtISSION REGULAR MEETING dUNE 8, 1987 CALL TO ORDER: 7:30 p.m., Ctty Counctl.,Chamber's PLEDGE OF ALLEGXANCE/XNYOCATZON ROLL CALL: Puckett, Hetl, Baker, Le Jeune, Commissioner Ponttous arrived at 7:32 ca11. immediately after roll PIJ~LTC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) 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. Mr. George Jeffrtes, representing Tusttn Area Sports Council asked that the Comnflssion consider the children and their sports facility needs in any decision they ,ake. Chairman Puckett asked staff to keep in touch with .Mr. Jeffries. CONSENT CALENDAR: (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. Mlnutes of May 26, 1987 Planntn9 Commission Meettn9 2. Final Tract Map 12763 Resolution No. 2409: A resolution of the Planning Commission of the City of Tusttn, recommending to the Tustln City Council appreval of Final Tract Map No. [2763. 3. General Plan Consistency/Airport Notse Monttortn9 Station Chairman Puckett asked that Item 2 be removed from the consent calendar and testimony be allowed on this item. Commissioner Well moved, Baker seconded to approve the tonsentcalendar. Motion carried 5-0. r. Chris La)ton, president of Tusttn Unified School District spoke on Item 2. He Was of the opinion that the. Conditions of Approval have not been met, that the TUSD had not been properly notified of this Map, that the map was not in conformance with * the tentative tract and that the City did not allow the DistriCt the twenty days to respond. He noted that they do intend to respond within the twenty day period. Commissioner Wetl moved, Ponttous seconded to adopt Resolution No. 2402 recommending to City Council approval of Final Tract Map [2763. Motion carried 5-0. Planntng Comrlsston Htnutes June 8, 1987 Page t~o PUBLTC HEARINGS: 4. Vartance Ho. 87-2 Applicant: Location: Shoshafla's. 17480 [. Seventeenth Street Presentation: Laura Cay Plckup, Associate Planner Request: Request for a varlance to permtt a tenant Identification stgn of Zg square feet with less than the requtred setback. Reso]utton No. 2407D: A resolution of the Planntng Commission of the Ctty of Tusttn, denytng authorization for a Yartance of the setback requirements to allo~ tenant Identification on a free standtng monument stgn at 17480 £. Seventeenth Street, Tusttn Resolution No. 2407A: A resolution of the Planntng Con~lsston of the Ctty of Tusttn, authorizing a Yarlance of the setback requirements and the commrctal dtstrtct stgn requirements to allow tenant Identification on a free standtng monument stgn at 17480 £; 17tb Street, Tusttn. Recommended actton: Pleasure of the¢onantsston. Commission asked staff to clartfy stgn tssues regarding colors, lighting, banners, dtstance from other signs and setbacks. The publlc heartng was opened at 7:58 p.m. The public hearing was closed at 7:59 p.m. Commissioner Wetl moved, Baker seconded to approve Variance No. 87-2 by the adoption of Resolution No. 2407A. Hotlon carried 5-0. 5. Draft Envtronmontal Zmpact Report 87-1 - North/South Road Pro~ec~ Presentation: Jeffrey Davls, Sentor Planner Rob Balen, LSA, gave a brief summary of the Draft EZR. He offered to answer any questions and noted that the ftnal EZR wou!d be available on June 22, 1987.' The publtc hearing was opened at 8:04 p.m. ~, 9371 Villa Hoods Dr, Vtlla Park, representing Sea and Sage Audobon ~oclety, noted that the Society would support the most easterly alternative to the North/South Road tn order to preserve the Peter's Canyon Reservoir Regtonal Park. Planntng Commtsston Mtnutes dune 8, 1987 Page three u ' 10031 Deer Haven, CoNan Hetghts,~noted that the Draft £IR stated that ld be able to be seen from six (6) homes in the area. She asked that the location of these homes be disclosed. ~e publlc heartng was closed at 8:09 'p.m. Staff was dtrected to prepare responses to these tssues for the June 22, 1987 Planntng Comnrisston meeting. Commissioner Wet1 clarified wtth Mr. Balen that there wtll be sufficient land set astde, for the posstble expansion of the full length of the road, to be slx (6) lanes. Commission also asked the status of the ptpeltne 'In regard to the Road. Mr. Balen responded that the Road wtll dtsplace the water ptpellne and they must be rerouted under the road. 0U) BUSIES: 6. Summer~ of Results of Residential Stun Code Survey Presentation: Laura Cay Ptckup, Associate Planner Comrlsstoner Le Jeune noted that he was glad to see the survey, that tt would help gtve the Ctty a sound program to uttltze. The Commission noted to recetve and ftle the report on the Residential Stgn Code Survey. NE~ BUSZNESS: 7. -Large Famtly Day Care Homes Presentetton: Mary Ann Chamberlain, Associate Planner Resolution Ho. 2408: A Resolution of the Planntng Conlrisston of the Ctty of Tusttn recommending amendment of Sectton 9223a6 of the Tusttn Municipal Code relattng .to Large Famtly Day Care Homes. The Commission clarified wlth staff the following: nuisance procedures; exterior boundaries and distances; mektng the Resolution extremely, clear regard!ng the abtltty to hold a publlc heartng; the avatlabllty for adequate drop off sttes; and whether the department w111 send publlc hearlng notlces to the already extsttng licensees. Staff also clarified that thts wtll not apply to already extsttng day care facilities. Comflssloner We41 meved~ Baker seconded to dtrect staff to advertise a publlc heartng as soon as possible and upon the coepletlon of any necessary environmental revtew for Zoning Ordinance Amendment Ho 87-01. Motion Carrted $-0. STAFF'COIIC~RNS: 8. Report on Ctt~ Counc11 Actions of June 1, 1987 meettnq Presentation: Christine Shtngleton, Otrector of Community Development Planntng Commission Heettng 3une 8, 1987 Page four 9. Status Report on Southern 0range Counttes Plannln9 Commission Heetlngs Presentetton: Laura Cay Ptckup, Associate Planner ·Thts report Nas recleved and ftled by unanimous tnformal consent. 10. Status Report on Smmar~ of Work Pro~ects Presentation: Christine Shtngleten, Dlrector of Commntty Development Thls report NaS recetved and f11ed by unanimous tnformel consent. C(]II4ZSSZON CONCERNS: Commissioner Ponttous asked that staff look tnto the stgns at Karl's Hercedes and Drug £fl~ortum. ComBdssloner Baker asked that code enforcement be stepped up regarding cars parked on the ll00 block of [1Candno Real and questioned bellcopter notse monitoring devtces. Commissioner Le Jeune noted that the tent at Untted Rent-all Nas not tn conformance and asked further questions regarding the atrport notse menttortng devtce. He Nas also concerned about trafftc blocktng the street at Intersections such as Red Htll and Ntsson. Commissioner Wet1 asked that the Commission meet Ntth Ctty Council for clarification of guidelines for alcoholic beverage control and the stgn code. Commissioner Puckett asked that the graftttt at Bro~nlng and Hlsson be removed. At 8:45 the meettng Nas adjourned to the next regularly scbeduled Planntng Commission meettng on June 22, 2987 at 7:30. Charles [. Puckett Chatrman Penn1 Foley ~ecordtng Secretary Planning Commission B&TE: SUS,]£CT: ~UNE 2Z, 1987 FIliaL EIR 87-1 - NORTh/SOUTH ROAD PROdECT RECOI~ENDED ACT[OIS: I. That the Commission review comments to Draft EIR 87-1 and responses thereto; 2. That the Commission by the adoptton of Resolution No. 2415 recommend to the City Council certification of final E[R 87-1. BACKGROUND: On June 8, 1987 the Planntng Commission held a publtc heartng for the purposes of soliciting comments on draft Environmental Impact Report 87-1. Following a presentation by staff, the publlc hearing was closed and Commission action on the subject document deferred unttl all responses to comments could be forwarded for review, DISCUSSIOM 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 Caifornta 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 £IR 87-1 be certified as final. Staff recommendation is based upon the summary of findings listed belovr'. That all proper notice and public review periods have been met. That review of environmental issues required to be considered under CEQA have been adequately addressed and responses to comments have been prepared. That adverse impacts associated with.the proposed project have either been mitigated to a level of insignificance or are addressed via a statement of overriding considerations included in Resolution No. 2415. ~ ..... community Development Department Planning Comnflsston Report North/South Road dune 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 recommendaHons to the Ctty Counctl EIR 87-1 wtll be in its final form. The Oraft EZR wtll be modified to reflect any changes brought about from response to comments. .lSD:per Attachments: Response to Comments Package Resolution No. 2415 Christine Shtngleton// Otrector of Communtt~T Development Corn rnuni~¥ Dev¢loPrnen~ DeparYrnen~ RESPONSE TO CO~ENTS DRAFT ENVIRONMENTAL IMPACT REPORT NORTH-SOUTH ROAD PREPARED FOR City of Tustin 300 Centennial I/ay Tustin, California ggG80 PREPARED BY LSA ASSOCIATES, INC. 1 PARK PLAZA, SUITE 500 IRVINE, CA 9Z714 dune, 1987 TABLE OF CONTENTS CORMENTS RECEIVED AND RESPONSES PAGE INTRODUCTION ....................................................... 1 A. CALIFORNIA DEPARTMENT OF TP~ANSPORTATION ........................ 3 B. CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD- SANTA ANA REGION ............................................... g C. CALIFORNIA DEPARTMENT OF CONSERVATION .......................... 12 D. COUNTY OF ORANGE ENVIRONMENTAL MANAGEMENT AGENCY ............... 19 E. CITY OF IRVINE ................................................. F. CITY OF OILANGE ................................................. 39 G. THE IRVINE COMPANY ............................................. 47 H. PUBLIC HEARING- CITY OF TUSTIN PLANNING COMMISSION ............................................ 54 APPENDIX A - Memorandum of Understanding And Attached Map APPENDIX B - Errata Sheet APPENDIX C - Aerial Photograph and map showing Agricultural Headquarters, City of Tustin Boundary, project location, and "outbuildings". INCORpORATION INTO FINAL EIR - CEOA INTENT In accordance with CEQA Guidelines, Section 15088, the following Response to Comments section has been prepared for the North-South Road Draft Environmental Impact Report. The Draft EIR (DEIR) was distributed for public review and comment on March 27, 1987. The public review period ended on April Z7, 1987. This document contains Responses to Comments received from persons and agencies who have reviewed the Draft EIR. The comments within each letter have been numbered for reference. Responses to each comment are ref; erenced to the numbered comments. Corrections to the EIR have been incorporated in the Final EIR {FEIR), and are shown on an errata sheet in the FEIR. The errata sheet has also been included as Appendix B in these responses. To assist the reader of the FEIR, the Draft has been cross-referenced to the Response to Comments by marginal citations. A copy of the FEIR will be on file at the Tustin City Hall after certification. PROJECT SCOPE The comments and the responses to these comments included in this docu- ment become part of the environmental documentation for the proposed project. The comments and responses help to clarify the OEIR and provide the public and decision makers a complete documentation of the possible environmental effect of the project. The comments, representing concerns of individuals or agencies, have been responded to in a manner which addresses each concern within the scope of the project and consistent with CEQA Guidelines. The comments and the responses are herewith incorporated with the DEIR to form the Final EIR. Many of the comments received relate to project phasing and prcject con- nections with other related regional roadways. Many of these regibnal road- ways are in the initial planning stages, and final alignments have not been chosen. The Eastern Transportation Corridor, the Foothill Corridor, the realignment of Chapman Avenue. and Santiago Canyon Road, and the northerly extension of the North-South Road are the major regional roadways related to the project that are still in the early phases of alignment study. Project phasing becomes an important issue within the 'context of the regional circulation system. Within this context, the North-South Road is one of the initial road projects in this region and is, therefore, proceeding ahead of the other projects that do not have final alignments. In addi- tion, these other projects have not yet been reviewed for environmental ef- fects, some of which are alluded to in the comments received. Because the North-South Road is proceeding ahead of these other pro- jects, many of the environmental and circulation issues brought up in the comments are more appropriately answered in studies for these subsequent projects. It is the intent of the North-South Road EIR to address the en- vironmental effects of the project within the project area boundaries, and to discuss the relationships to other regional roadways to the extent possible based on current available plans. A full and detai)ed discussion of the'en- vironmenta] effects associated with other planned regional roadways and road- way connections, would not be' reasonable due to the uncertainty of future alignments of the regional circulation network now in various stages of planning. However, the relationship of the North-South Road project to other regional road projects and potential road connections and potential environ- mental effects are clarified in the following responses to comments to the extent possible within the scope of this EIR, based on current plans. A,, CALTFORNIA DEPARTMENT OF TRANSPORTATION '~.ate of California ,vlemorandum To : W. B. BALLANTINE, Chief Environmental Planning Branch Attn: Deborah Harmon Business, Transportation and Housing Agency Date : April 29, 1987 File : From : R. G. GOODELL DEPARTMENT OF TRANSPORTATION Subject: North South Rd. Draft Env. Impact Report We have reviewed the above document prepared for the City of Tustin by LSA and have the following comments. According to your document. "The proposed North-South Road does not preclude or dictate the locations of the ETC." However, if the most westerly alternative or segments o~ the various westerly alternatives of the ETC were selected there seems to be insufficient horizontal clearance or questionable clearances for locating the ET~at the following sites: ~.-~_~.!~'oi,~ ~.,. ~-~,J~ ~1/~/,~/~,~. 1) Near Irvine Blvd. - between the North-South Road and the Irvine Ranch Agricultural Headquarters 2) At I-5, proximity of the North-South Road and I-5 Freeway Interchange and the ETC and I-5 Interchange 3) South of Santiago Canyon Rd. These would depend on ultimate number of lanes for the ETC and difference in elevation between the ETC and North-South Page 8, paragraph 1 Page 8, last paragraph Figure 11 Page 45, last paragraph Page 55, paragraph 1 Road. Reference: Page 8, paragraph 1 If the ETC were to cross over to the westerly side of the North-South Road major costs would be incurred for additional structures that would be required. Page 45, past paragraph "The proposed North-South Road does not preclude the most westerly ETC alternative, since this alignment could be IA-; W. B. BALLANTINE, Chief -2- April 29, 1987 superimposed over the North-South alignment." This state- ment is contrary to your statement on page 55, paragraph 1 concernin~ the MOU re~uirin~ separate interchanoes at I-5 ~_~ Freeway. Also, the document traffic volume projections for Dost-2010 indicate a need for both the North-South Road and the ETC. Page 57, DaraqraDh 1. T'~ere seems to be something missino between the end of line 3 and the beoinning of line 4. Pane 57 - Accordin~ to the 1985 Highway Capacity Manual, Special ReQort 209, by the TranSportation ~esearch Board the V/C ratios are hiqh for levels of service that are indicated. Page 58, Table A (1) Some of the volumes are not the same as Figure 12, yet both are shown as "exist'in~". (2) The V/C ratios seemed to be based on ADT. V/C ratios based on peak hours have more significance. (3) "Capacity" should also be based on peak hours o Figure 17 (Post-2010) - Name of Street is missing. o Figure 18 - Indicate street that is represented by this cross - section Appendix D, Figure 5, Page 10 Rte. 5 - This segment of freeway has been approved for widenin~ to an 8-lane facility with 2 auxiliary lanes and 2 HOV lanes. The estimated date of completion is 1991. IA- R. G. GOODELL Senior Transportation Planner Transportation Planning Branch RESPONSE TO COI~ENTS RECEIVED FRO~ CALIFORNIA DEPARTMENT OF TRANSPORTATION RESPONSE TO COt4MENT A-1 The possible future alignment of the ETC near Irvine Boulevard may have engineering or physical constraints resulting from the construction of the project. Many variables may affect the validity or importance of these con- straints, which are not known at this time and should be discussed in any en- vironmental documentation done for the ETC. Beyond potential physicall or engineering constraints are existing policy constraints which p.reclude the .alignment of the ETC west of the Agricultural Headquarters. A Memorandum of Understanding (MOU) between the cities of Tustin and Irvine states: "The alignment of the ETC north of I-5 shall be east of the Irvine Agricultural Headquarters..." Please see appendix A for a copy of the MOU. To reiterate, the location of the North-South Road does not preclude alignment of the ETC in the Irvine Boulevard area - however, exist- ing policy, outside the scope of this project, will have an effect on align- ment options. The proximity of the North-South Road at I-5 to potential alignments of the ETC at I-5 is noted. Preliminary engineering studies indicate that two interchanges may be acceptable. It is anticipated that placement of the North-South Road at its planned intersection with I-5 does not preclude an interchange for the ETC. Therefore, no environmental effects are antici- pated. The alignment south of Santiago Road has had a preliminary engineering study which determined that the roadway will not preclude alternative ETC alignments currently being considered by the County. RESPONSE TO CO)91ENT A-2 Comment noted. Alignment constraints for possible future projects, such as the ETC, would have to take cost factors into account if engineering and/or construction solutions are not available. There are no environmental effects associated with these design alternatives. RESPONSE TO COflMENT A-3 The comment refers to apparent inconsistencies in statements regarding ETC alignment constraints. The comment regarding the ETC alignment over the proposed North-South R°ad alignment refers to physical engineering alterna- tives. The comment precluding this alignment alternative on page 55 refers to the policy statement included in the MOU. The former statement which states that the alignments may be superimposed is from an engineering per- spective, and the latter statement is from a policy perspective. A copy of the MOU is attached for clarification. 'The MOU clearly states that, "The alignment of the Eastern Transportation Corridor north of 1-5 shal) be east of the Irvine Agricultural Headquarters .... RESPONSE TO CO~'~4ENT A:4 Appropriate revisions to the EIR have been made (page 58), and are indicated on the Errata Sheet, {Appendix B). RESPONSE TO COl~l~Nl' A-5 The Level of Service (LOS) criteria presented in the EIR is the criteria commonly accepted and utilized by the County of Orange for arterials within the jurisdiction. The source for the LOS indicated is the American Associa- tion of State Highway and Transportation Officials' A Policy ox Geometric Desiqn of Highways and Streets (1984) and the Urban and Suburban Arterials sections of Chapter 10 of the Hiqhway Capacity Manual (Transportation Re- search Board, 1965). RESPONSE TO COftlENT A-6 Appropriate revisions have been made to Table A (page 5g) and Figure 12 (page 55), and are indicated on the Errata Sheet, {Appendix B}. ~ RESPONSE TO COMMENT A-7 Peak hour data was used in the ICU analysis and is presented in Table B (page 61).. This analysis is considered indicative of peak period volumes. RESPONSE TO COM)IENT A-8 Table A is a presentation of existing average daily traffic (ADT) condi- tions for links in the vicinity of the North-South Road. Therefore, capacity indicated is based on ADT volumes, and this method is commonly utilized in Orange County. RESPONSE TO COf~IENT A-9 Figure 17 has been corrected in the Final EIR and is indicated on the Errata Sheet, (Appendix B). RESPONSE TO CO('~qENT A-lO Figure 18 represents a typical cross section of the North-South Road for the portion from Irvine Boulevard to Tustin Ranch Road and for the portion fromTustin Ranch Road to realigned Santiago Canyon Road. RESPONSE TO COMMENT A-]I Comment noted. B, CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - SANTA ANA REGION em° andum To From : Subject: Dr. Gordon F. Snow The Resources Agency Nancy A. Olson Sanitary Engineering Technician California Regional Water Quality Control Board-Santa Ana Region eeos INDIANA AVENUE. SUITE ZOO. RIVE"SIDE. CA ez$oe (ATSS) 632-4130 NORTH-SOUTH ROAD, SCtI #86102219 Date: April 17, 1987 We have reviewed the Draft Environmental Impact Report (DEIR) for this project. We wish to reiterate the comment made in our response (August 29, 1986) to the Notice of Preparation for this project: an erosion/siltation con- trol plan for all phases of construction should be submitted for approval by this office prior to initiation of construction activities. In addition, if dewatering is necessary and the discharge of wastewater to receiving waters is proposed, an NPDES permit (waste discharge require- ments) must be obtained from this office prior to initiating the discharge. The project proponent should be advised that processing an NPDES permit may take as long as 180 days. Any questions pertaining to the permit should be addressed to Hisam Baqai of our RegulEtions Section. B-1 B-2 Enclosure: State Clearinghouse Form NAO:eyp RESPONSE l~O COmmENTS RECEIVED FRON CALIFORNIA REGIONAL WATER OUALI~ CONllU)L BOARD - SANTA AJ~A REGION RESPONSE TO COI~4ENT' B-1 Mitigation Measure #6 has been revised to provide review of erosion/sil- tation measures by the Regional Water Quality Control Board, and is hereby incorporated into the Final EIR. The measure reads as follows: e 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 the appropriate responsible agencies, including the California Regional Water Quality Control Board - Santa Aha Region, prior to 'initiation of construction acti- vities. RESPONSE TO COMMENT B-~ Mitigation Measure #6(a) has been added in response to this concern and is hereby incorporated into the FEIR. The measure reads as follows: 6(a). If dewatering is necessary and discharge of wastewater is proposed, an NPDES permit (waste discharge requirements) shall be obtained from the Regional Water Quality Control Board prior to any dewatering activity. 11 C. CALIFORNIA DEPARTMENT OF CONSERVATION 12 moranclum TH ESOUI~__~ A~NCY OF ~u. Ir.O~NIA Dr. Gordon F. Snow Assistant Secretary for Resources Mr. Robert Ledendecker City of Tustin 300 Centennial Way Tustin, CA 92680 ' Departmentof~nservatlon~Office ~th®Dkect~ APR 2 8.1g 7 Draft Environmental Impact Report (DEIR) for North-South Road SCH# 86102219 The Department of Conservation is responsible for monitoring farmland conversion on a statewide basis. The Department also administers the California Land Conservation (Williamson) Act. We have reviewed the City of Tustin's DEIR for the project referenced above, and have noted that the proposal may involve the conversion of valuable farmland. The Department, therefore, offers the following comments. The proposal would involve building a North-South Road that is 4.9 miles in length. The project will require using land that is currently under Williamson Act contract. The Department realizes that the following information may have been addressed in the Tustin General Plan and the East Tustin General Plan. We suggest that such information be addressed in specific detail in this document. The Final Environmental Impact Report (FEIR) should provide information on the number of acres of agricultural land to be C-2 developed, the potential agricultural value of the site, the · impacts of the conversion of that land and the possible mitigation actions which would reduce the significant residual impact on prime agricultural land. We recommend the FEIR contain the following information to ensure the adequate assessment of the project's impacts in these areas. o The agricultural character of the area covered by the project and of nearby, or surrounding lands which may be affected by the project. - Identify agricultural preserves and number of acres of land, type of land, (i.e. prime/non-prime) and location. . . - Types and relative yields of crops grown. - Agricultural potent, iai, based on Important Farmland Series Map de. signatlons, as prep?red by the Department of Conservation (a/~-~!~revlew showed nearly all land in .the' projejKt<~~currently mapped as prime lands). - The i.mpact u~ ~rent ~ future agricultural Dr. Snow Page Two The impacts of any required cancellations of Williamson Act contract(s) affecting the property, as well as any of the following data. The location of Williamson Act contracts on land within and adjacent t~ the project area. A discussion of the effects that cancellation of Williamson Act contracts would have on nearby properties also under contract. Farmland Conversion Impacts The type and amount of farmland conversion, if any, that would result from implementation of the plan, including potential crop yields that would be lost. The proportion of the County's total farm/and that this conversion would represent. The proportion of the County's total acreage of those crops currently grown at the proposed sites that this plan would represent. The growth inducing impact of the plan on other farmland in this area of Orange. County. The cumulative impact of the plan on other farmland in and around the project area and the City of Tustin. Mitigation measures and alternatives that would lessen the farmland conversion impact of this project. Some possibilities are: Con~ersion of non-farmland to new farmland of equivalent quality and quantity elsewhere in the area. Minimizing agricultural conversion impacts on higher quality soils by directing conversion onto lower quality soils. Protection of other, existing farmland through the use of Williamson Act contracts. Establishment of greenbelt areas. Use of setbacks, buffers, and right-to-farm ordinances to offset nuisance impacts of urban uses on n~ighboring agricultural operations, and vice-versa. A no-project alternative. Dr. Snow and Mr. Ledendecker Page Three The Department appreciates the opportunity to comment on the DEIR. We hope that the farmland conversion impact and the Williamson Act contract issues are given adequate consideration in the FEIR. If I can be of further assistance, please feel free to'call me at (916) 322-5873. cc: Dennis J. O'Bryant Environmental Program Coordinator Stephen Oliva, Chief Office of Land Conservation RESPONSE TO CO~ENTS RECEIVED FROM CALIFORNIA DEPARTMENT OF CONSERVATION RESPONSE TO COMM[NT C-! No response required. The comment is correct. RESPONSE TO COMMENT C-2 As prOvided for in the State CEQA Guidelines Section 1510 (Incorporation by Reference), responses to comments received from the Department of Conser- vation will cite the East Tustin Specific Plan Final 'Environmental Impact Report {SCH #85052217) discussion of agricultural resources. Incorporation by reference is appropriate in this case because the proposed North-South Road is included in the East Tustin Specific Plan Land Use Plan. No addi- tional impacts beyond what was described.in the document are anticipated. As stated in the CEQA Guidelines, "the incorporated language shall be considered to be set forth in full as part of the text of the EIR." The information requested is briefly summarized in response to comment C-3. Additional information is provided in the following responses where necessary to supple- ment the discussion and to provide project-specific data. RESPONSE TO COI~,IENT C-3 Construction of the North-South Road will convert approximately 69 acres of agricultural land uses designated as prime farmlands, farmland of state- wide importance and unique farmland. As described in the Earth Resources section of the EIR, soils in the southern portion of the project area {East Tustin Specific Plan Area) are mostly excellent and are very well suited to general intensive farming. The project site includes 0.9~ of the County's total agricultural acre- age. The project site represents approximately 14% of the agricultural acreage of the East Tustin Specific Plan which was approved in March of 1986. The project agricultural acreage is considered an insignificant percentage of the total County acreage. In adopting the East Tustin Specific Plan, which contains the portion of the project site in agricultural production, the City of Tustin accepted the Plan's provisions to minimize impacts to agricultural production. The Specific Plan allows for the continued operation of agricul- tural acti.vities within areas not subject to immediate development. The North-South Road represents an initial phase in the implementation of the East Tustin Specific Plan. {Also, please see response to comment C-5). 16 The farmlands of the project site are currently orchard crops. The estimated gross dollar yield of orchards in East Tustin is approximately $651,967. Depending on the specific type of orchard crop grown on the pro- ject site, 14~ of the total East Tustin acreage could yield a gross dollar estimate of $gl,275 of agricultural produce per year (lg82 values) on the project site. As described in the Land Use section of this EIR and in the East Tustin Specific Plan EIR, the area in agricultural production meets the criteria for the "Land Committed to Nonagricultural Use" category. This category is applicable due to the project's consistency with the adopted TustinGeneral Plan, the East Tustin Specific Plan and the Tustin Zoning Code. The project area is currently under Williamson Act contracts. An area including the project site has been filed for Non-Renewal or termination of agricultural preserve contract. Although construction of the North-South Road is sched- uled to begin prior to this contract termination, a public infrastructure improvement such as this project is an allowable and compatible land use under the Williamson Act. The majority of agricultural land in the project site is designated prime farmland. In the central area of the alignment, a small portion of the land is designated unique farmland and a smaller portion is designated farm- land of statewide importance. As previously discussed, conversion of the farmland of the East Tustin Specific Plan area to urban land use was acknow- ledged and determined to be an unavoidable adverse impact in that EIR. The Plan minimizes impacts by providing for the gradual phasing out of agricul- tural activities as development occurs. That EIR also determined that seve- ral factors, such as the economic lifespan of existing crops and orchards, market demand conditions and operation costs, currently limit the agricul- tural potential of the site. The transition from agricultural uses to urban uses has been anticipated in applicable land use plans. The adoption of the East Tustin Specific Plan has further specified the future urbanization of this area. The Nbrth-South Road is in accordance with these plans. The proposed alignment will termin- ate current agricultural production on the project site, and is anticipated to preclude future agricultural activities on the site. Due to the project's insignificant percentage of the County total agri- cultural acreage (0.9%), consistency with the approved East Tustin Specific Plan, consistency with City of Tustin planning documents and expected term- ination of agricultural preserve contracts prior to project completion, 17 the potential impact of the project on valuable farmland has been determined to be insignificant. RESPONSE TO COMMENT ¢-4 As stated in the EIR, the North-South Road alignment is located within an agricultural preserve contract area in the City of Tustin and the County of Orange. The contrac.t currently in effect will expire on January 1, 1988, having been noticed for Non-Renewal. Notice of Non-Renewal was filed for the entire East Tustin Specific Plan area. The North-South Road is a public purpose project consistent with per- mitted uses within an agricultural preserve. The expiration of the William- son Act contract is independent of the North-South Road project. RESPONSE TO COI~ENT C-5 As previously stated, construction of the North-South Road will convert approximately 69 acres of orchards. The estimated yield of farmlands to be converted is approximately $91,275 based on calculations of the East Tustin Specific Plan area. The farmlands in the vicinity of the North-South Road are included in various jurisdiction's land use plans as described in the Land Use section of the EIR. The North-South Road can be considered to be removing a constraint to growth by allowing approved development, such as the East Tustin and Upper Peters Canyon Specific Plans. Conversion of farmland to urban uses has been discussed in the EIRs done for these planning actions. No significant cum- ulative impacts to farmland have been identified for the North-South Road. RESPONSE TO COMMENT C-6 Comment noted. These measures are incorporated into the FEIR from the required mitigation measures included in the East Tustin Specific Plan FEIR. These measures include establishment of greenbelts, and use of setbacks, buffers and right-of-way and have been incorporated into the Specific Plan performance standards. Please see the Specific Plan FEIR which has been included, by reference, in the subject FEIR. 18 D. COUNTY OF ORANGE ENVIRONMENTAL MANAGE)lENT AGENCY 19 N'I-~' OF GE ENVIRONMENTAL MANAGEMENT AGENCY PLANNING April 28, 1987 Mr. Jeffrey Davis City of Tustin Co,~,,,,untty Development Department 300 Centennial Way Tustin, CA 92680 ERNIE SCHNEIDER DIRECTOR, EMA ROBERT G. FISHER DIRECTOR OF PLANNING LOCATION: 12 CIVIC CENTER PLAZA RO. BOX 4048 SANTA ANA, CA 92702-~48 MAILING ADDRESS: RO. BOX 4048 SANTA ANA, CA 92702~1048 TELEPHONF~ (714) 834.4643 SUBJECT: North-South Road Draft EIR Dear Mr. Davis: The County of Orange Environmental ~anagement Agency has reviewed the above referenced document which addresses the environmental impacts of the proposed construction of a new arterial highway extending northerly from Irvine Boulevard to Chapman Avenue near the Irvine Regional Park entrance. We have the following co---ents for your consideration: TRAFFIC AND CIRCULATION Construction of the North/South Road would cause one alignment for the Eastern Transportation Corridor (ETC) to shift to the east. This will increase the impact of the ETC on the Irvine Agriculture Headquarters. This increase in impact could, in effect, cause gTC alignment link Numbe?s 6 and 6a to become unacceptable alternatives. This could negatively impact the Route Location . Study/Environmental Impact Statement process as well as future decisions on the ETC alignments. Our concern on this issue has been stated and restated since September 12, 1986. In response to this concern, addition of the following mitigation measure in the Final EIR is recommended: "In the event that either link 6 or 6a is selected as the preferred ETC route alignment through the Tustin Plain segment, the City of Tustin will enter into an agreement with the Foothill/Eastern Transportation Corridor Agency .to participate ia the relocation of the North-South Road in a manner meeting the approval of FHWA/CalTrans or its designee." This additional mitigation measure will ensure that the North-South Road will not adversely impact the ETC planning process, should either link 6' or 6a be selected. Another concern is focused on providing a safe and adequate access to Irvine Regional Park, which is the most heavily used park in Orange County. Before any approval can be given to the proposed realignment plans, we need to fully D-1 Mr. Jeffrey Davis Page 2 understand how the interim and permanent access to the park will be provided for. We request that alternative design solutions be explored at the Park entrance. The alternative treatments should address interim as well as permanent concepts. The County of Orange Traffic Engineering Division recommends that the park entrance road join the. North-South Road 1,000 feet north of the proposed Santiago Canyon Road/North-South Road intersection. If, due to topography or other constraints, 1,000 feet cannot be provided, a 800 foot m/n/mum would be acceptable. Alternative concepts for the extension fo the North/South Road across the Villa Park Dam Tailwater Basin need to be developed. D-1 The extension of the North/South Road and the park access road could possibly intersect northerly of a potential extension of Santiago Canyon Road, which is being considered by the City of Orange. Alternatives for the Park access, the' extension of Santiago Canyon Road, and the extension of the North/South Road Should be evaluated prior to an approval of the Santiago Canyon Road Realignment. A:R Pages 90 and 91, Monitored Air Quality: The EIR should include a table to 'indicate ambient air quality trends monitored at the E1 Toro Station. The table should reflect at least the last three years of measured data (1983, 1984 and 1985) and state and federal air quality standards. Pages 91 and 92, Short Term Construction Related Impacts= A reference should be cited for the emission factors used in estimating construction related vehicular emissions. Page 92, Projected Emissions= Total project-related emissions should be [ compared with the appropriate South Coast Air Quality Hanagement District Source Receptor Area. While the project's emissions may be insignificant D-5 from a regional perspective, they could be significant at the local level. Page 93, Table H and Appendix F~ All assumptions used to develop the projected [ 5--6 emissions should be referenced and shown with sample calculations. FLOOD CONTROL In the discussion of Drainage and Flood Control on page 19, the text states that the 100-year discharge at the point where North-South Road crosses Peters Canyon Wash is 3200 cfs. No justification for this figure was provided in the EIR. The origin of this discharge needs to be discussed in the EIR. Also, the text suggests that a triple reinforced concrete box culvert be provided to accommodate the ~stimated 100-year discharge of 3200 cfs at Peters Canyon Wash and the North/South Road unless a retention basin can be provided. Some justification for this suggestion needs to be included as a part of the EIR. Also, the applicant is advised that the County of Orange has adopted a new Hydrology Manual, and that the new manual should be used to design the facility where the North/South Road crosses Peters Canyon Wash. D-7 Mr. Jeffrey Davis Page 3 The EIR should discuss in more detail the drainage improvement program now being developed in conjunction with the East Tustin Specific Plan. This should' especially be done if the retention basin alternative is going to be used in the design of the culvert beneath the North/South Road at Peters Canyon Wash. D-8 PARKS AND RECREATION The proposed project may set the location for the reali~nment of Santiago Canyon Road. A reali~nment of Santiago Canyon Road between Irvine Regional Park and the ridgeline southerly of the park could create significant viewshed, noise and biological impacts as'well as operational conflicts to Irvine Regional' Park. Because the proposed project is integrally linked with this realignment, these impacts must be addressed. 0-9 Implementation of the North/South Road will create impacts to access at the main entrance to Irvine Regional Park. This needs to be addressed in the EIR. 'On holidays and weekends stacking may occur from the park entrance up to and even beyond the intersection of Chapman Avenue and Santiago Canyon Road. This situation could be substantially aggravated by removal of the existing Chapman Avenue approach to the park, resulting in significant impacts to both traffic circulation, recreation facilities and public safety. The following mitigation measure is reco.,.,ended~ "Design and construction of the North-South Road shall include a permanent access to the main entrance of Irvine Regional Park in a manner meeting the approval of the Director - EMA/Parks and Recreation." The EIR should analyze what effect the planned elevation of the nOrtherly terminus of the North/South Road will have on the elevation of its ultimate extension, which crosses through the Villa Park Dam Basin and Irvine Regional Park. It should be discussed whether or not the northerly terminus will require D-J' a bridge condition, or fill within the Villa Park Dam Basin. The effect of the future extension on aesthetics, recreational utility of the park, and on the ability of the basin to accommodate flood waters, should be discussed in the EIR. The construction of berms, as described on page 105 to mitigate viewshed impacts to residences in the Cowan Heights area, should be employed to block views[ D-~ of the proposed project from Peters Canyon Regional Park as well. Thank you for the opportunity to respond to the draft EIR. Should you have any questions, please contact Chris Miller at (714) 834-6932. Very truly yours, Michael M. Ruane, Manager EMA/Environmental & Special Projects Division CM:pa (051) NTY OF ENVIRONMENTAL MANAGEMENT AGENCY FILE ERNIE SCHNEIDER DIRECTOR, EMA 12 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA MAILING ADDRESS: RO. BOX 4048 SANTA ANA, CA 92702',4048 TELEPHONE: (714) ~q4-2306 Bob Ledendecker, Director of Public Works City of Tustin 300 Centennial Way · ustin, CA 92680 April 28, 1987 Dear Bob: Recent discussions related to the centerline alignment plans for the Rorth- South Arterial and the reali~ment plans for Santiago Canyon Road have raised several Concerns for protection of the ingress/egress to Irvine Regional Park. For example, the North-South Arterial (Jamboree) plans by Boyle Engi- neering dated December 3, 1986 show temporary access, both in the near and far term, to Irvtne Regional Park. This temporary access is different from the one sho~ra on the plans by Fusco, et.al., dated February 27, 1987. Our concerns are focused on providing a safe and adequate access to Irvine Regional Park, which is .the most heavily used park in Orange County. Before any approval can be given to the proposed realignment plans, we need to fully understand how the interim and permanent access to the park is provided for. We request that alternative design solutions be explored at the Park entrance. The alternative treatments should address interim as well as permanent con- cepts. Alternative concepts for the extension of the North-South Arterial across the Villa Park Dam Tailwater Basin also need to be developed. The extension of the North-South Arterial and the park access~ road could possibly intersect northerly of a potential extension of Santiago Canyon. Alternatives for the Park access, the extension of Santiago Canyon Road and the extension of the North-South Arterial should be evaluated prior to an approval of the Santiago Canyon Road Realignment. Finally, drainage plans for each of the above solution/alternatives should be prepared for review. D-13 Bob Ledendecker Page Please call Ralph Hudson at 834-3812 or Max Andersen at 834-6921 if you have any questions. Very truly yours, Ernie Schneider, Director HA, cs(LRF1/2/041) CC: Gary Johnson Helmut Stolpp Duane Platen Ken R. Snith Tim Miller Hal Krizan RI~$PONSE TO COPtlENTS RECETVED FROM COUNTY OF ORANGE ENV:[ROI~ENTAL MANAGE)tENT AGENCY RESPONSI~ TO COMMENT D-1 The problems noted in this comment relate to Phasing and other facility planning constraints. Please see response to comments for Department of Transportation, comment A-1. This response explains physical engineering alternatives and the policy constraints to an alignment west of the Agricul- tural Headquarters. Also, please see discussions relating to regional cir- culation planning on page 55 of the Draft EIR and the introduction to the Response to Comments, page 1. The design alternatives available for connection of the North-South Road to the Irvine Regional Park have been considered in the design of the project and allow for either maintenance of the current approach, using existing Chapman, on a minor extension from realigned Santiago Canyon Road. The alternative connections are dependent on the ultimate alignment of Chapman Avenue and Santiago Canyon Road, within the jurisdiction of the City of Orange. Also see response to County's comment C-10. RESPONSE TO COI~,IENT D-2 Comment acknowledged. Co.#,ent is directed at conditions for realignment of Santiago Canyon Road which is a related project currently being designed by the City of Orange. The North-South Road does not preclude these options. Also, please see response to comment D-lO. RESPONSE TO COld, lENT D-3 Table I of the Air Quality Assessment contained in Appendix ~ presents the air quality levels measured at the E1 Toro air monitoring station for the last seven years and State and federal standards. RESPONSE TO COl.,tENT D-4 The typical emission rates for a diesel powered grading vehicle were obtained from the South Coast Air Quality Management District Air Quality Handbook. 25 RESPONSE TO COIqENT D-5 The project site is in SCAQMD's Source Receptor Area 19. The table below provides a comparison of the emissions generated by the project with emissions for Source Receptor Area 19 and the project percentage of area emissions. COMPARISON OF EMISSIONS North-South Road 2.65 SourCe Receptor Area 19 154 Percentage of Source 1.7~ Receptor Area * Tons per day NA - Not Available Source: Mestre Greve Associates NOX SOx PART H__CC 0.21 0.04 0.06 0.25 17.g NA NA NA 1.2% NA NA NA The emissions for the project are less than two percent of the total emissions for the Source Receptor Area, the local area possibly affected by the project, l The emissions from the proposed project are very small in comparison to local emissions, and do no~ represent a significant local impact. RESPONSE TO CORRElfr D-6 The appendix to the Air Quality Assessment presented in Appendix F contains calculations for each of the pollutant emissions analyzed for the North-South Road. References used for the assessment include the SCAQMD Air Quality Handbook, the traffic analysis for the North-South Road~ {Austin- Foust Associates, Inc., March, 1987) and the CALINE3 computer model'. RESPONSE TO COI~ENT O-7 The reference for the quantification of the lO0-year discharge of Peters Canyon Channel at the North-South Road crossing is the preliminary design report for the project prepared by Boyle Engineering Corporation (1986). Peters Canyon Wash, along with San Diego Creek, are the major tributaries of the San Diego Creek watershed, and drain an area of approximately 150 square miles, which includes discharge for Upper Peters Canyon Reservoir. Drainage 26 facilities required in the preliminary design of the North-South Road were determined by Boyle Engineering Corporation. The new Hydrology Manual of the County of Orange is currently being incorporated into the final design plans by the Project Engineer. RESPONSE TO COMMENT D-8 The Drainage/Flood Control Concept Plan proposed as part of the East Tustin Specific Plan includes drainage improvements necessary for runoff .conveyance, sediment control and flood protection to provide adequate drain- age for future project development and to correct existing drainage problems. The final plan is currently being developed. The preliminary concept for the North-South Road crossing at Peters Canyon Channel is a bridge crossing. The final design *of the channel crossing for the North-South Road will be in compliance with agency standards and specifications of responsible agencies, and will be compatible with drainage plans for East Tustin. RESPONSE TO COMMENT D-9 The North-South Road has been designed to be compatible with the real- ignment plans for Santiago Canyon Road and Chapman Avenue. The realignment of Santiago Canyon Road extending east of the North-South Road intersection and Irvine Regional Park is a related project but is not predetermined or otherwise affected by the project. Because each project can stand alone and they are not contingent upon each other, the environmental effects are not sepprate. The visual impacts associated with .the realignment of Santiago Canyon Road should be addressed separately. RESPONSE TO COMMENT D-lO The main entrance to the park is located east of the intersection of the North-South Road with existing Chapman Avenue. Issues associated with Irvine Regional Park access from existing Chapman Avenue should be addressQd as part of the jurisdictional transportation planning for the realignment df Chapman Avenue. Although the road design does accommodate the future plans for the realignment of Chapman Avenue and would allow an interim park entrance, the North-South Road does not predetermine the removal, of the existing Chapman approach to the park. Therefore, no additional environmental effects on the park or the park entrance are anticipated. 27 RESPONSE TO COt4MENT D-Il The planned northerly extension of the North-South Road is a separate project which is in the initial stages of alignment selection. An environ- mental impact analysis of the extension should occur during the processing of that project. The design of the terminus of the project at "future" Santiago Road is projected to be at an elevation of ±600 feet. The terminus would be ap- proximately 200 feet south of existing Chapman Avenue. Existing Chapman Avenue~is at an elevation of 585 feet to 5go feet where the future extension of theNorth-South Road would cross it. Given the alternatives that the 'extension of the Road can take within constraints of the elevational differences described above, vertical and horizontal curves can be accommodated which allow maximum flexibility for future design of the extension of the project to the north. This flexibility in the ultimate horizontal alignment and vertical alignment can be used to avert or lessen the impacts of the future extension of the North-South Road on the Villa Park Dam Basin area. The proposed project, designed to ter- minate at "future" Santiago Canyon Road, does not preclude such design op- tions for the ultimate extension of the Road, which crosses through the Villa Park Dam Basin and Irvine Regional Park access. Precise design of the exten- sion has not been completed, nor has an alternative been chosen for which a thorough environmental analysis can be done. RESPONSE TO COMMENT D-12 As determined in the viewshed analysis of the EIR, the topographic conditions at Upper Peters Canyon Reservoir are such that the North-South Road is not visible from the reservoir and does not require viewshed mitiga- tion. The berms and/or other visual blocks proposed to mitigate viewshed impacts to residential units southwest of the reservoir will effectively block views of the North-South Road in the southern portion of Peters Canyon Regional Park. RESPONSE TO COMMENT D-13 The North-South Road will not predetermine provision of park access. Although a possible related project, the realignment of Chapman Avenue and Santiago Canyon Road will affect the park entrance. Please see response to comments D-l, D-2, D-g, and D-lO. 28 E. CITY OF IRVINE April 22, 1987 Mr. Robert Ledendecker Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92680 Dear Mr. Ledendecker: SUBJECT: NORTH SOUTH ROAD DRAFT ENVIRONMENTAL IMPACT REPORT (E;R) Thank you for giving us the opportunity to review and co~ent on the subject doct,~ent. The following details our comments: General Page 3 - The City of Irvine is identified as being responsible for the consideration of the EIR and the adoption of the mitigation measures. In the analysis of the environmental conditions, however, the role of Irvine is not expanded as is done for the County of Orange, City of Tustin, and the City of Orange. The Final EIR should explain more clearly the role of the City of Irvine in the project. TransDortatioD/Circulation Page 57 - The proposed 4 lane major highway designation for portions of the North/South Road are inconsistent ~ith the County's Master Plan of Arterial Highways (MPAH). Additionally, the EIR should define a 4 lane primary versus a 4 lane major highway and explain what determines 'the variations in roadway capacity? Page 67, Table C - The EIR shows a significant capacity deficiency along the North/South Road (Jamboree in the Table) north of the I-5. It shows a projected volume to capacity (V/C) ratio of 1.64. Although this is not a part of the project as defined in the EIR, the roadway segment is directly adjacent to the project site. Thus, the EIR should address the impact of the North/South Road extension on this roadway segment and include mitigation measures. Additionally, an ADT volume/capacity table should be provided for the post-2010 project scenario to allow for a basis of comparison. E-1 E-2 E-4 Mr. Robert Ledendecker April 22, 1987 Page.Two In the event that only the extension of SR-133 is built as the Eastern Transportation Corridor (ETC), would the North/South Road as currently proposed be adequate to accommodate traffic that would utilize the western leg of the ETC? Is adequate right-of-way being reserved to allow for the widening of the roadway if found n~cessary? A n~er of the Eastern Transportation Corridor Phase II alignments (A1-GP, AZ-GP, CZ-GP) include alignments for the Foothill Transportation Corridor which would terminate at the North/South Road. This could be the situation if no ETC were to be built or if the ETC were not to be located parallel to the North/South Road. If this were to happen, how would the terminus be configured? What would be the impacts on the North/South Road? As determined in the March 1986 agreement between the City of Irvine and the City of Tustin, the centerline of the proposed North/South Road will be the future boundary between the Cities of Tustin and Irvine. This is not discussed in the EIR. Text should be added to the EIR which discusses City boundary issues and access controls that are agreeable to both cities where the centerline of the roadway acts as the city boundary. Cultural Resource~ The City of Irvine does not feel that the impact of the project on the Irvine Ranch Headquarters has been adequately addressed. The EIR indicates that alignment of the proposed North/South Road would traverse through the property adjacent to the Irvine Agricultural Headquarters. It further indicates that the alignment will divide the property eligible for inclusion in the National ReGister. Although no structures will be directly impacted, the road could affect the continuity of a potential future h~storic district. The EIR should note that the City of Irvine General Plan Cultural Resources Element identifies the Irvine Ranch Office/Headquarters as an historic site. It is the goal of the Cultural Resources Element to ensure the proper disposition of historical resources in order to minimize adverse impacts. It is possible that proper disposition would involve preservation of the site in a manner Similar to that adopted for East Irvine. The Cultural Resources Element of the Cityts' General Plan and the projects consistency with the Element should be discussed under the Relevant Planning Programs section of the EIR. To implement the goals of the Cultural Resources Element the City has Mr. Robert Ledendecker April 22, 1987 Page Three formed a Historical, Archaeological, and Paleotological (HAP) Committee. The findings and recommendations of the Draft EIR should be presented to the HAP Committee by the city of Tustin prior to the Final EIR being certified. Additionally, the EIR should include alternative alignments or explore mitigation options that would be less disruptive to the Ranch Headquarters. One possible mitigation measure would be the relocation of the structures which are to be separated from the Ranch Headquarters. The reasons for not choosing alternative alignments should be justified. The EIR also should provide a map of the buildings described in the documentwhich illustrates the impact of the project on the Ranch Headquarters. The extent of the possible impact is difficult to determine without a map. The Irvine Historical Society was not included as an organization/persons contacted, as a reference, nor on the Notice of Preparation distribution list. The Irvine Historical Society is currently in the process of creating a Blue Ribbon Committee to address the preservation of the Ranch Headquarters. Contact with the society should be initiated prior to the certification of the Final EIR. We would appreciate receiving one copy of the Final EIR when it becomes available. Should you have any questions, please contact Jennifer White at 660-6109. Sincerely, ~~ment Services JM/JW/ss DENNIS WILBERG ~ Manager of Transportation Services cc: George Devine, Principal TransportationAnalyst Paul Balbach, Senior Transportation Analyst Steve Letterly, Principal Planner Eve somjen, Senior Planner Jennifer White, Senior Planner Jay Tashir0, Principal planner Mike Thiele, Principal Planner Dan Jung, Assistant Planner E-lO E-11 E-12 RESPONSE TO COIIqENTS RECEIVED FROM CITY OF IRVINE RESPONSE TO COMMENT E-1 ' Upon further review of the City of Irvine's role in reviewing the DEIR, it has been determined by the Lead Agency that the City of Irvine is not a Responsible Agency. The approval of discretionary actions necessary for the construction of the project must occur by the City of Tustin and Orange and the County of Orange. Because the road is going to be constructed within the City ofTustin, in the near proximity to the City of Irvine's Sphere of Influence, there are no known permits or discretionary actions required by Irvine to commence the project. In addition, there are no known resources being impacted that are within the City of Irvine. Therefore, formal con- sideration of the FEIR by the City of Irvine is not required. RESPONSE TO CO(~4ENT E-2 Special ~htghway designations have been added to the County MPAH designa- tions to reflect the interim condition of arterials which are not completed to their ultimate conditions. A four lane major highway classification for the North-South Road represents the initial construction with a design for future widening to the ultimate configuration. As noted in the traffic analysis in the Draft EIR, Appendix D, pages 3 and 4, major and primary road capacities are given and shown on a map. Typical cross sections for the road are shown in Figure 1.7, page 74 of the DEIR. RESPONSE TO COMMENT E-3 Depending on decisions arising out of the Eastern Transportation Cor- ridor (ETC) studies, and other arterial connection studies, the regional share of volumes on this segment attributable to the North-South ~oad could increase or decrease. Because of this uncertainty as to the future regional share, the right-of-way reservation for the addition of an overpass connect- ing Old Myford Road is noted as a mitigation measure in the East Tustin Specific Plan EIR. When the regional studies are completed and further evaluation can be made as to the amount of regional traffic to be carried by Jamboree {southerly extension of the North-South of Irvine Boulevard), the actual need for that overcrossing can be assessed. In the meantime, the capability for adding such a facility in the future is preserved and is required mitigation in the East Tustin Specific Plan FEIR and Development 33 Agreement FEIR. Mitigation measure #4 of the Specific Plan FEIR is as fol- lows: North-South traffic demands indicate that additional freeway crossings, such as Browning and Old Myford.may be needed to supplement Red Hill, Jamboree and Myford. The need for Old Myford will largely depend on the level of regional capacity that will be provided by the Eastern Transportation Corridor (ETC) and on the selected bottle- neck solutions. To a lesser extent, it will also depend on whether the Browning overcrossing is retained in the City's circulation system. Hence, it is recommended as a mitigation measure that. adequate right-of-way to be reserved north and south of 1-5 until a final need deter- mination can be made. At that time, a suitable fair share funding mechanism can be devised if the facility is needed, or the right-of-way could revert to other uses if it is not needed. In addition, the portion of the roadway between I-5 and Irvine Boulevard will be built as five lanes in one phase with provision for a sixth lane to be built, as needed, at a later date. This segment is anticipated to be built in 1987. RESPONSE TO COMMENT E-4 The focus of the traffic analysis has been placed on the lggl condition in order to detail the short range conditions to determine capacity needs prior to the Eastern Transportation Corridor (ETC). The ETC is currently under study and 2010 assumptions have not been finalized. For this reason, primary emphasis was placed on the short-range with and without project conditions. RESPONSE TO COHHENT E-5 Please see introduction to response to comments for a discussion of relationships to other regional circulation studies. This also relates to comment E-6. Please see response to comment E-6. Right-of-way for future widening to ultimate planned capacity of the roadway has been accommodated in the East Tustin Specific Plan and the design of the roadway. Reservation of additional right-of-way beyond six lanes is not justified based on the traffic analysis included in the EIR. The options 34 being studied for the ETC must determine future need for regional circulation improvements. It is premature to discuss each of the alternatives in the detail requested considering the other ongoing studies to address additional regional circulation options. RESPONSE TO COMMENT [-$ These comments relate to possible-future, partially-defined alignments, road connections, and regional transportation corridors. These alternatives cannot be accurately or reasonably predicted within the scope of this study. Please refer to response E-5. The Draft EIR was based on certain assumptions, as necessary to plan the project and set the scope of the environmental analysis. These assumptions include the County Master Plan of Arterial Highways and the East Tustin Specific Plan. If the assumptions change later, further environmental docu- mentation will be prepared at that time, as required by CEQA. RESPONSE TO COMMENT E-7 Inter-jurisdictional issues relating to future access and city bound- aries are negotiated between the appropriate agencies and agreements docu- mented. The centerline of the roadway is projected to be the future boundary between the cities of Tustin and Irvine after Irvine annexes the. adjacent 'County land. Each jurisdiction would have their own local access controls, unless modified by future agreements. This is not an appropriate arena for such negotiations or environmental analysis. Each future access should be analyzed on a case by case basis for potential impacts. The Memorandum of Understanding establishing future boundary lines in- cluded as Appendix A. This document is herewith incorporated into.the FEIR. RESPONSE TO COHNEN"r E-8 As stated in the Cultural Resources Section of the EIR, the research conducted by the architectural historian/historic preservation consultant revealed that the small group of structures west of the North-South Road is not related historically to the main group of buildings at the Agricultural Headquarters. In addition, it has been determined that there are no direct physical effects on the three "outbuildings" resulting from the project. 35 As related in the DEIR, the local structure within the "outbuildings" does not appear on the 1927, 1931, 1939, or 1947 aerial photographs, and has no historical connection with the other buildings. Based on stylistic analy- sis, the house would appear to date from the era of World War I, and is, therefore, a historically important structure on its own right. However, it is apparent that the structure has been moved to the site since 1947. It has been assessed as a "non-contributing" structure because it is not original to the site. In addition, as shown on the aerial photo in Appendix C, the buildings within the City of Tustin do not relate spatially or functionally to the Agricultural Headquarters. For these reasons, the EIR concludes that this group of buildings does not meet the National Reqister crit6ria for designation as part of an historic district. This information is contained in the letter/report in Appendix G of the DEIR. Although~not a required mitigation measure of the project, the project proponent should consider relocation of the three potentially historic build- ings identified in the EIR as the "outbuildings" to a new location, or offer to donate these buildings to a bonafide community based organization whose interest it is to preserve and maintain potentially socially important or historically important buildings. Should no community based organization be found willing to accept said donation, proof of notification and rejection of donation by potential recipient organizations must be forwarded to, and be reviewed by, the Director of Community Development. The project proponent may be permitted to demolish said buildings not less than 30 days from noti- fication of the Director of Community Development, City of Tustin, of why said buildings can not be relocated. This statement, as a project betterment, is herewith included in the FEIR. 36 RESPONSE TO CO~tENT E-9 The Irvine Ranch Headquarters is located within the County of Orange jurisdiction and within the City of Irvine Sphere of Influence. The Irvine General Plan Cultural Resources Element identifies the Headquarters as an historic site. *The goal of insuring the proper disposition of historic resources is acknowledged as a relevant planning issue, and the issue has been addressed and impacts are required to protect the Headquarters and to preserve the "outbuildings". The Headquarters {proper} is located in the City of Irvine, outside the City limits of Tustin. Please see exhibit in Appendix C. Therefore, consideration of City of Irvine General Plan consis- tency is not appropriate. RESPONSE TO COt~4ENT E-]O The City of Irvine received an NOP to provide the City and its commit- tees with an opportunity to specify in writing the scope and content of the environmental information relevant to the Committee (CEQA, Section 21080.9). In addition to this notification and opportunity to determine the scope of the EIR, a public scoping meeting was convened prior to preparation of the EIR to provide further opportunity for agency and public consultation {CEQA Guidelines, Section 15082, 15083, and 15084). Notification of the scoping meeting was accomplished through newspaper advertisements in Irvine, Tustin kpd Orange local newspapers. As a result of this process, no indication of interest or communication was received by the Lead Agency from the City of Irvine HAP Committee to review the Draft EIR. A Notice of Completion of the Draft EIR was submitted to the City of Irvine Community Development Department. The City of Tustin continues to rely on input from the City of Irvine on these matters, absent comments from other interested parties. Subsequent to the receipt of comments, the Lead Agency has arranged with the City of Irvine for appropriate review through Mr. Steve Letterly of the Community Development Department. ~ RESPONSE TO COMMENT [-11 As determined in the EIR, the North-South Road project will not result in any direct significant impacts. The mitigation required for betterment of the project will require relocation of the buildings, which directly addres- ses comment E-11. See response to City of Irvine comment E-8 for an explana- tion ..of the impact assessment and mitigation. For a map of the existing Irvine Ranch Agricultural Headquarters, please refer to aerial photo com- posite in Appendix C. Additionally, please refer to the map attached to the 37 MOU between Irvine and Tustin, found as Appendix A to these responses to comments. R~SPONSE TO COI,4FIENT E-12 As stated in Response to Comment E-10, an opportunity to comment on the scope of the EIR was provided throughout the comment process. The City of Tustin has, in the interim, made additional contact with the City of Irvine to ensure that all interested parties are contacted. 38 F. C~TY OF CITY OF ORANGE ORANGE CIVIC CENTER · 300 EAST CHAPMAN AVENUE. ORANGE, CALIFORNIA 92666 o POST OFFICE BOX 449 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION (714) 532-0444 MS. Ashley Brunda LSA 610 Newpor. t Center Dr., %555 Newport Beach, California 92660 Re: COMM~2F~S ON NORT~-SOb/~ DRAFT EIR Dear Ms. Brunda: May 18, 1987 We are pleased to see the completion of Draft EIR for the North-South Road, as both the cities of Orange and Tustin are most interested in pursuing the construction of this facility in order to service the anticipated 'development along the preferred alignment. We have reviewed the Draft EIR and, following, is a s~,,ery of our cc~,L~nts: While we are in agreement with the report's conclusion that the North-South Rd. between Tustin Ranch Rd. and the northerly project terminus should be built, initially, as a five lane facility (4-through lanes plus a turn lane) within major arterial right-of-way requirements we also have reason to believe that the traffic demand on this facility will ultimately be dictated by influences beyond the scope of the subject EIR. Our premis is predicated on the following factors, which should, in our opinion, be incorporated in the final EIR document: l(a) As far as the City of Orange is concerned, this proposed Arterial is intended to have two primary purposes; first, to provide a direct service for the 230-acre Upper Peter's Canyon's development located in the vicinity of Chapman Ave. and Newport Blvd., and secondly, it is to alleviate traffic congestion on Chapman Ave. and Santiago Canyon Rd. by providing alternate access into and out of the east Orange area. The development of the 230 acres Upper Peter's Canyon will likely be completed by 1991' and will generate up to 28,000 daily ~rips, the majority of which are expected to use the proposed facility to and from the major employment centers in 'the south County. Additionally, the report also projects 8,000 daily trips being diverted from surrounding arterials onto the North-South Road. The importance of provinding the North-South Rd. with adequate traffic carrying capacity can be further illustrated by if, for example, widening im.Drovements on Newport Blvd., a parallel roadway to the proposed facility do not occur. It is our opinion that the i~aense neighborhood opposition to the Newport F-1 Blvd. in~provements, especially northerly of Crawford Canyon Road, will result and the roadway may not be improved. There are certainly other road~ facilities where political or economic pressures may preclude improvements. The report also indicates that the traffic ground count data, which was used as the basis in the traffic forecast analyses, was developed in 1984-85, and that this information was the only source of its type available at the time of the study. Recent city traffic count data has indicated higher traffic volumes on a number of arterial segments than had been forecasted, in the EIR for 1991. This again implies a higher traffic demand on the North-South Rd. than has been forecasted in the draft EIR. It is therefore our opinion that the deviation of reco~endation for constructing four through lanes is not based merely on any arbitrary professional opinion but rather on sound technical justifications formulated to adequately meet the projected traffic demand. Consequently, we feel the study should identify these justifications as shown on page 73 accordingly. The report'is correct in indicating that the North-South Rd. was removed from the Eastern Transportation Corridor (ETC) studies, and that the proposed facility should not preclude or dictate the location of the ETC. However, we strongly believe that the alignment of the ETC will significantly alter the regional travel patterns and, depending on the ultimate selection of the ETC alignment, may dictate the need for a much larger arterial classification than initially precieved for the North-SouthRoad. Without an established ETC alignment, it is our intent during both current and future planning efforts in the east Orange area, to incorporate and apply the enhanced intersection concept on mjor arterial crossings as an effort to best acco~,,L~date anticipated future traffic demand and, to insure acceptable intersection service levels. This concept is basically the widening of a respective intersection to allow dual left-turn lanes, three through lan~s, a right turn only lane and a far side bus stop/merg lane on each leg. Also, with the development of the 7,500 acre East Orange General Plan Study and subsequent site specific plans, the City will concurrently reevaluate the adequacy of the North-South Roadway facility in terms of its classification compared to proposed land use intensity and, in conjunction with the selection of ETC alignment, expand or institute the master planned arterial highway system in the East Orange area. Additional arterials and possible reclassification of existing facilities may be deemed necessary in order to properly service the transportation needs resultant from future developments in the east Orange area and to minimize their negative impact and dependence on existing congested arterials. An additional consideration is that although the City supports the construction of the North-South Rd. within a major arterial right-of-way classification as illustrated on Fig. 18, we also foresee the need for additional landscape area on both sides of the- roadway. For various topographical reasons, there will be only limited' opportunities for developments alon~ the North-South Rd. in the segment between Tustin Ranch Rd. and the future extension of Canyon View Avenue. While it is not our intent to associate this facility with a scenic highway classification, additional landscape setback will greatly enhance the roadway's aesthetic appearance and ability to "ble~d in" with the surrounding residential environment. We also feel the additional landscape setback will facilitate future implementation of the off-road bike or equestrian trails, which currently exist on the County Master Plan in the general vicinity, and also are a part of the planning objectives in the 7,500 Acre East Orange General Plan Study. Page 4 of the report is correct to point out the exact limits of the proposed project locations, that is, between Irvine Blvd. and the future realigned Santiago Canyon Rd. (or approximate location of the existing Chapman Ave. at which a revised entrance to the Irvine Park will be provided), rather than the existing Santiago Canyon Rd., which is to be connected to Chapman Ave. to the west. In fact the report in several occasions adopted the naming convention of "the realigned Santiago Canyon Rd." as being the northern-most project terminus and "the Chapman/Santiago Canyon Rd." as being the existing Santiago Canyon Rd. easterly of the proposed roadway. In the absence of a better naming convention, we feel that for the sake of clarity and consistency within the document, the report should continue using this naming convention throughout the EIR, and specifically in Fig. 16, 17, 18 and on page 46 paragraph 4, page 73 paragraph 1. Page ix - missing paragraph: "Due to the absence of natural topo -"? Fig. 2 - Project Location: The Orange Sphere of Influence line is not drawn correctly. Page 46 & 55 - The proposed facility is not built with the intent to serve freeway by-pass traffic. In fact, we do not believe such a diversion will occur to any great extent due to longer travel distance and reduced travel time resultant of lower travel speeds and traffic control delays on the arterials. The proposed road, in our opinion, will provide direct connection to employment centers in south county for both established and planned co,~m,unities in the cities of Orange and Tustin, and thus reduce unnecessary travels on currently congested arterial streetA such as Chapman Ave., Santiago Canyon Rd., Newport Ave., as well as sections of SR 55 and I-5. Page 47 - Paragraphs 2 & 3 - Weir Canyon Park and Irvine Regional Park - Future Road Alternative: The study area terminates at the realigned Santiago Canyon Rd. as the northern boundary. Therefore the report, in our opinibn, should not extrapolate information without proven base or discuss whether "future study may determine that the Easterly Alternative F-2 ¸F-3 I F-4 F-5 F-6 F-7 is more compatible with the park plan" or if "the preferred North-South Rd. alignment could physically acconm*Ddate the more easterly northern extension should it be desired." The inclusion of these kinds of statements is irrelevent to the document and can be misleading in creating erroneous attitudes to the detriment of future planning for the roadway. We ask that the entire third paragraph on page 47 be deleted and paragrap~ two on the same page be simplified to only state that the preferred'alternative will not preclude a possible future easterly extension of North-South Rd., and that the selection of future northerly extension will be made as an independent decision subject to further analysis. Fig. 7 & 11 - Revise these two figures to show that the proposed Santiago Canyon realigned'does not terminate at the Irvine Park, easterly of the proposed North-South Road. Very truly yours, Frank V. Page Director of Public Works FVP/pt cc: FVP- BWD-GDJ- BVS-JM- File RESPONSE TO COFlqENTS RECE'[VED FROIq THE CITY OF ORANG~ RESPONSE TO COMMENT F-:]. The traffic analysis done for the project in the EIR includes the poten- tial development of Upper Peter's Canyon and the evolving East Tustin General Plan Study. The carrying capacity of the road has been analyzed and has been sized to handle the proposed development referred to above and in the com- ment. If there are increased pressures on the North-South Road as a result of changes in regional traffic patterns or as a result of a decision not to proceed with anticipated regional circulation programs included in the County's Master Plan of Arterial Highways, right-of-way has been reserved for two additional lanes north of Tustin Ranch Road. Should this option be exercised in the future, additional environmental review will occur with each subsequent project approval. Although a related project, the speculative nature of these future alternatives and possible regional influences prohibit reasonable analysis. The subject EIR describes and discusses potential impacts using the best currently available data. This analysis describes, in reasonably specific terms, the impacts of the road on the surrounding arterial road network, and the impacts of this network on the future roadway itself. As indicated in the Post-2010 Analysis, page 70, estimated ADT volumes vary from 20,000 ADT at the northerly end to 48,000 ADT north of Irvine Boulevard. Regional ADT, 1991, are shown without the North-South Road, Figure 14 of the EIR, and with the addition of the North-South Road, Figure 15 of the EIR. These ADT fig- ures are based, as described on page 66 of the EIR, on currently available data with respect to land use and circulation. Table C lists comparative ADT for 1991, providing roadway segment analysis for the surrounding arterial system. The future, Post 2010 figures, assumes a completed ETC. The lggl analysis is based on the current arterial network only. As statQd in this analysis, changes in the anticipated arterial network, including possible deletion of the ETC, may necessitate the use of the optional fifth and sixth lanes being reserved in the 120-foot-wide right-of-way for the North-South Road. The comment and responses are noted and is hereby incorporated into the Final EIR. 44 RESPONSE'TO COHHENT F-Z This comment indicates the City of Orange's concerns about future plan- ning and right-of-way needs to accommodate their objectives for the East Orange General Plan Study, currently in process. The City states that it will reevaluate the adequacy of the road during this study. The comment is noted. As determined in the Visual/Aesthetics 'analysis, the North-South Road would not result in any adverse impacts to visual resources which could not be mitigated to a level of insignificance. Mitigation measures have been incorporated into the Final EIR which provide the option of using native tree and shrub plantings in areas which require reduction or blockage of visibil- ity of the project {mitigation measure 19). The following mitigation measure has also been included: Mature trees, when not in the actual roadway alignment, shall be retained where feasible. Removal of any trees shall be authorized by the appropriate jurisdictional authority only after specific review and approval of conditions for removal. RESPONSE TO COMMENT F-3 The comment is noted and hereby incorporated in the Final EIR. Figures 16, 17, and 18 have been corrected to identify realigned Santiago Canyon Road/Chapman Avenue. Pages 46 and 74 also reflect this correction. These corrections are indicated in the Errata Sheet. RESPONSE TO COMMENT F-4 The appropriate revision has been made in the Final EIR and is indicated in the Errata Sheet. RESPONSE TO COMMENT F-5 Figure Z has been revised in the Final EIR based on the sphere of in- fluence boundary shown in the City of Orange General Plan. This correction is described in the Errata Sheet. 45 RESPONSE TO COI~4ENT F-6 Traffic studies indicate that some relief will be experienced along Chapman, Santiago Canyon and Newport Avenue. Because the traffic patterns of the Costa Mesa Freeway show connections to these arterials, it .is assumed that the project will relieve some traffic on the freeways. As a point of clarification, the project is not being designed as a freeway bypass, but will, nonetheless, divert some traffic now using surrounding arterials, and the regional freeway system. RESPONSE TO COMHENT F-7 The discussion referenced in the comment identifies a potential future plan and does not provide a definitive analysis of the alternative. As stated ~n the DEIR and in earlier responses, further study would be required to pursue the Easterly Alternative. However, the Easterly Alternative has been determined to be a feasible alternative. The discussion is included to demonstrate the options available in the North-South Road design for future Park Plans. RESPONSE TO COI~4ENT F-8 Please refer to Figure 10 of the EIR for a more accurate and up-to-date detail showing the project alignment outside of the Irvine Park and realign- ment of Santiago Canyon Road extending to the east. Due to the scale of Figures 7 and 11, these Figures. are slightly in error, and are corrected in the FEIR. 46 $. THE TRVTNE COIqPANY 47 April 27, 1987 THE IRVIN COMPAN EcEi rED ElY' LSA APR 2 9 1987 4 Mr. Bob Ledendecker Director of Public Works City of Tustin 300 Centennial Way Tustin, CA 92680 Subject: North/South Road Draft Environmental Document Dear Bob: The Irvine Company has completed its review of the subject environmental document and I am hereby submitting several comments compiled from that review. The report is quite thorough and comprehensive and, I believe, you will find that the majority of the following comments tend to be clarifications rather than concerns: Mitigation Measure 6 listed on pages "vi." and 22 references the need to submit an erosion/siltation control plan to Tustin, Orange and the County. However, since the exact methodology for plan checking and inspection of the project has not yet been worked out, it is possible this list of agencies could be condensed. Therefore, we would recommend that the wording of this mitigation measure be revised to indicate submittal of the-plan to "the appropriate responsible agency(les) to allow for that flexibility." Mitigation Measure 12 listed on pages "vii." and 34 mentions that noise barriers placed in conjunction with the project should provide compliance with State standards for existing residences and on any historic district which might be established in the future. It is our understanding that a project is only required to mitigatQ for existing conditions relative to noise attenuation. Since no' historic district now exists, it would be our understanding that no noise mitigation would be required to be installed along any part of the potential historic district excepting existing residences since the operation of an agricultural work area is not an area of noise sensitivity. This being the case, it would appear that the reference to mitigation for any future historic district would not be appropriate in the mitigation measure on this project. Mitigation Measure 11 listed on pages "vii." and 34 references the requirement of having a qualified paleontologist at pre-grade meetings and on the project during initial grading. However the discussion of paleontological resources on page 33 indicates no G-1 G-2 550 Newport Center Drive, P.O. Box I, Newport Beach, California 92658-8904 · (714) 720-2000 North/SoUth Road Draft Environmental Document Page 2. o expectation of such resources. Given that background, it would seem ~- appropriate to limit the mitigation to retainihg a qualified / G-3 paleontologist for the pre-grade meetings and to have on call should anything be discovered during the grading. Mitigation Measure 18 listed on pages "x." and 105 recommends inclusion of some type of barrier to block views of the road from the area indicated by "Section 4" page 102. Such barriers are normally required only for noise mitigation. In this case, since the nearest existing homes are 1/4 mile away, acceptable noise standards can be achieved without a barrier. I am unaware of any other standards that would require implementation of such a barrier and, therefore, question the inclusion of such a barrier as a mitigation measure for this project. Discussion of the project's Peters Canyon Channel crossing on page 19 references installation of a major culvert° However, it should be noted that the construction of a bridge instead of a culvert will also be considered during final design. The land use plan for the Upper Peters Canyon General Plan Amendment Area shown in the enlargement on Figure 5b (page 39) is not reflective of the plan finally adopted. A plan representing the adopted plan for this area is attached. Though the plan is consistent with the one included in the EIR relative to the circulation system, several land use designations have changed. The discussion on page 41 references a potential start of construction in October of 1987. However, our current schedule projects the possibility of starting construction as early as July of 1987 as is referenced on page 7 of the EIR. The start date shown on page 41 should be changed to July of 1987. Thank you for the opportunity to input into the process of this critical arterial roadway. Please call if you have any questions regarding our comments. Very truly yours, M. E. Erieksbn/ Director, Tr~portation Entitlement G-4 G-5 G-6 G-7 cc: Les Card (LSA) Frank Page (City of Orange) · ME142/mj RESPONSE TO COItqENTS RECETVED FR(Xq THE: ~RV:][NI~ COHPANY RESPONSE TO COHMENT G-1 Mitigation Measure #6 has been revised and incorporated into the Final EIR. Please refer to response to comment B-1 (Regional Water Quality Control Board} for revision. RESPONSE TO COIqH[NT The historic district has been listed as eligible for inclusion in the National Reqister upon recommendations by the County of Orange and the State. Compliance with National Reqi~r regulations is required during the "Deter- mination of Eligibility" period. Noise attenuation in compliance with State standards is required along the potential historic district where sensitive noise receptors occur. Noise barrier measures would, therefore, be necessary adjacent to the historic district for existing residences and not for agri- cultural work areas or open space. The mitigation measure has been revised as follows and is hereby incorporated in the Final EIR: Noise barrier measures such as the existing wall used to separate Irvine Boulevard from the eligible property shall be utilized to ensure compliance with State stan- dards to minimize noise impacts on occupied residences in the eligible area of the historic district. RESPONSE TO COMMENT G-3 Although the North-South Road will not disturb any recorded paleon- tologic resources, the project site is underlain by a rock formation assigned to the moderate and low sensitivity zones in the Orange County Master En- vironmental Assessment. Because a potential remains for subsurfa6e resour- ces, the paleontologist should be allowed to determine during the pregrading meetings the necessity for monitoring of grading operations. The mitigation measure has been revised as follows and is hereby incorporated into the Final EIR: A qualified paleontologist shall be retained to attend any preg~ading meetings and to determine at that time the necessity for the monitoring of initial grading opera- tions involving sensitive bedrock formations. If fossils 51 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. RESPONSE'TO COMMENT G-4 The mitigation measure cited is included to mitigate the adverse impact to the group of residential units west of the alignment as determined in the viewshed analysis of the EIR. Without a visual barrier or other mitigation, the North-South Road will result in a significant adverse impact to visual resources in this section of the alignment. This measure is independent from any noise'mitigation requirement. Mitigation measure 18 listed on pages "x" and 107 have been modified to include options for landscape screening, where appropriate, to the approval of the Director of Community Development. This change acknowledges the potential use of native plant materials as appropriate screening, and is hereby incorporated in the Final EIR. The mitigation measure has been re- vised as follows: Due to the absence of natural topographical features, native tree and shrub plantings, 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 ap- proval of the Director of Community Development, City of Tustin, and/or the appropriate jurisdiction. RESPONSE TO COMMENT G-5 The preliminary engineering for the final design of the North-South Road crossing of Peters Canyon Channel is for a bridge structure. RESPONSE TO COMMENT G-6 The adopted Upper Peters Canyon Specific Plan attached to The Irvine Company letter dated April 27, 1987 is acknowledged as the most current plan. The Land Use Plan map will be made available by referencing The Irvine Com- pany letter presented here in the Response to Comments in the Final EIR. Although some land use designation areas have been modified, the overall plan has not been modifi, ed significantly enough to alter the relevant planning program analysis of the EIR. RESPONSE TO COMMENT G-7 The appropriate revision has been incorporated into the Final E[R and is indicated in the Errata Sheet (Appendix B). 53 COF~ENTS RECEIVED AT TUSTIN PLANNING COt~ISSION PUBLIC HEARING OUNE 8. 1987 Comments Received - Public Comment Opportunity City of Tustin Planning Commission Public Hearing - June 8, 1987. Commentor: Virgin Chester, representing the Sea and Sage Society of Orange County. ~omment: Ms. Chester commented that the EIR had been properly prepared and commended the Lead Agency for including discussions on the most easterly alternative of the proposed connection from Chapman Avenue to State Route 91. She noted that their inter- ests are to preserve and protect the resources in and around the Irvine Park, and that the most easterly alternative is supported for that reason. Commentor: Ailene Capp, 10031Deerhaven, Cowen Heights. Comment: Ms. Capp indicated that the DEIR shows six homes with a poten- tial to see the project. She wanted to known which six houses were in position to view the project. Commentor: Planning Commission Weil. Comment: Ms. Well wanted classification on the right-of-way being proposed from Tustin Ranch Road to the northerly terminus of the project. Ms. Well wanted clarification on waterline relocation and how it was to be accomplished. : 54 RESPONSE TO CO~ENTS PLANNING COI~ISSION HEARING JUNE 8. 1987 RESPONSE*TO COI~IENT H-1 Comment noted. RI~SPONSE TO COMI4ENI' H-~ Individual houses that will view sections of the road are shown to be the far~est easterly houses on the east side of Overhill D~ive, as shown in Section 6 on Figure 23 of the EIR. RESPONSE TO COt414ENT H-3 The right-of-way being reserved from Tustin Ranch Road to the northerly end of the project is 120 feet, designed to accommodate six lanes. The water utility lines being relocated will have to be cut and re- routed under the roadway. There are no anticipated adverse impacts as indi- cated in Engineering studies. 55 Isa 56 MEMORANDUM OF UNDERSTANDING e e Both Cities agree that the Eastern Corridor should be constructed below grade wherever possible. The alignment of the Eastern Corridor north of I-5 shall be east of the Irvine Agricultural Headquarters and three-fourths mile from existing Culver Road and east of Milord Road approximately one-fourth mile as delineated on Exhibit I. The design of the interchange at I-5 shall be based on the following: (a) (b) the least environmentally damaging (noise, visual impact, etc.); cost of construction and right-of-way acquisition (land, structures, and severance damages)l and efficient traffic circulation. (c) Myford Road shall be the city-to-city boundary north of I-5. Both cities agree that any support of the Foothill Transportation Corridor will continue to be associated with existing Tustin and Irvine policies that state a viable solution to the "Bottleneck" problem must be identified and adopted prior to implementation of the Foothill Transportation Corridor. Both Cities further agree that the present alignment of the Foothill Corridor should be replaced by an arterial highway should an acceptable solution to the Bottleneck problem not be identified and implemented. This position is taken in recognition of the fact that there are other viable routes for the. Foothill Transportation Corridor that will not exacerbate the existing and projected Bottleneck problem. City of Irvine shall decide the location of arterial highways south of I-5 within its City limits, providing, however, the alignment of Myford Road through MCAS Tustin shall be subject to the agreement between the Cities concerning construction of the road. The City of Tustin will dismiss its lawsuit concerning Ordinance 86-3 and Resolution 86-9 relative to the rezoning of the Irvine Business Complex and will not file a lawsuit concerning the approval of Westpark ('Village 14) zoning regulations. The City of Irvine will not file a lawsuit concerning the East Tustin Specific Plan. CITY OF TUSTIN Mayor ATTEST: City of Tusti~ City Clerk 010-486/82 · kvir~ .\ INTERCHANGE DESIGN TO BE . . . ENVIRONMENTAtt-Y SENSITIVE ,, . AND ACCEPTABLE TO BOTH CITIES ..: · /; ~ .... .. · . · .... ~ '..~ ..,- . APPENDIX B 60 Corrections have been made and incorporated into the Final EIR based on comments received on the Draft EIR. The following information is a guide to the location of the correction in the Final EIR and a brief description of the correction. Page iv - Page ix - Page 6 - Page 38 - Syntax revisions have been made to Paragraphs 3, 4, 5, and 6 for purposes of clarification. The typographical error has been corrected to include the complete test of the mitigation measure. Figure 2 has been revised to show the correct boundaries for the City of Orange Sphere of Influence. A community park designation has been added to the second paragraph which lists the surrounding land uses within the East Tustin Speci- fic Plan. Page 42 - Page 42 - The construction date indicated in the first sentence of the first full paragraph has been changed from October, 1987 to July, 1987 to be consistent with the schedule indicated in the project descrip- tion on page 7. A sentence has been inserted to the first paragraph which clarifies the timing of project implementation in compliance statutory guide- lines of the Williamson Act. Page 55 - Page 58 - Figure 12 has been revised to include additional ADT volumes for link on Newport Avenue south of Chapman Avenue. : Paragraph 1, sentence 2 has been revised to read: "LOS A indicates free flowing traffic volumes less than or equal to sixty percent (60%) of the available capacity of the roadway, while LOS E repre- sents traffic flow conditions nearing capacity of the roadway, with continuous unemptied queues forming at intersection approaches." 61 Page 59 - Table A has been.revised to reflect the correct existing ADT Vol- umes for links on Santiago Canyon Road east of Chapman, on Chapman Avenue west of Newport and Crawford Canyon Road and on Newport Avenue south of Chapman. Pages 7Z, 73 and 75 - Figures 16, 17 and 18, respectively, have been revised to consistently show the City of Orange approved naming convention of realigned Santiago Canyon Road/Chapman Avenue and existing Santiago Canyon Road/Chapman Avenue. Page 47, Paragraph 4, Sen- tence land Page 74, Paragraph I also reflect this comment. Page 73 - Figure 17 has been revised to identify the project site and to reflect City of Orange future arterial alignment plans for Chapman Avenue/Santiago Canyon Road. Page 89 - Text has been inserted to include a discussion of cumulative im- pacts in the noise analysis. Page 116- The third sentence of the first paragraph has been reworded to emphasize that the categorical statement is based on analysis of information obtained from all appropriate agencies contacted. 62 APPENDIX C .63 Ag' Headquarters Buildings 3. 4. and 5 are the "outbuildings' v~lthin ,the City of Tustln. Scale In Feet 0 200 400 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 RESOLUTION NO. 2415 A RESOLUTION OF THE PLAHNING COMMISSION OF THE CITY OF TUSTIN FINDIHG 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 MITIGATIOH 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 Tusttn's General Plan and the East Tusttn 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 Tusttn, in accordance with the provisions of the California Environmental Quality Act of lg70 (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 signiffcant 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 to a level of non-significance; and 28 1 2 3 4 '5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2415 Page two NOg, THEREFORE, be tt resolved that the Planntng Co..-~-,lsston of the Ctty of Tusttn does hereby find that E]:R 87-1 tn .1ts enttrety wtth all responses to comments ts adequate and complete and recommends to the Ctty Counctl the following: 1. Adoption of the CEQA ftndtngs and Statement of Facts attached hereto as Exhtbtt A and incorporated heretn by ~hts reference. 2. Certification of Ftnal. Environmental Impact Report 87-1. PASSED, ADOPTED AND APPROVED by the Planntng Commission of the Ctty of Tus~tn, California, at a regularly adjourned meettng on the 22nd day of June, 1987. Penn1 Foley Recording Secretary Charles E. Puckett Chatrman ITIT A 3LUTION NO. 2415 PAGE 1 OF 10 CEOA FINDINGS AND STATE)lENT OF FACTS 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: ITIT A 0LUTION NO. 2415 PAGE 2 OF 10 FINDINGS AND FACTS IN SUPPORT OF FINDINGS FOR SIGNIFICA~IT ENVIRONMENTAL EFFECTS OF THE PROO£CT - EFFECTS FOUND TO BE MITIGATABLE TO A LEVEL OF NON-SIGNIFICANCE Imoacts. 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. FindinQs. Slope stabilization, slope and cut performance criter.ia, 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 from a 2:1 slope. 3. Removal of colluvium, alluvium, topsoil, landslide debris and artificial fill to suitable foundation earth materialg 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. 2415 ~PAGE 3 OF 10 The road will be designed in accordance with seismic de'sign 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. rindinas.. 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. BIOLOGICAL RESOURCES Imoacts. 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 projectlis less than one acre. ~TIT A JLUTION NO. 2415 PAGE 4 OF 10 F__to~U_~_~. 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 Imoacts. 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. Findinqs. 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 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 signi.ficance 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 ~ITIT A ,OLUTION NOi 2415 PAGE 5 OF 10 13. Tustin with careful consideration to preserving the rural character of the property eligible for future designation as an historic district. 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. LAND USE .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 havebeen 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. Findinas. Based on the preceding analysis of existing and proposed land use and circulation plans, the projpct is not expected to result in any land use impacts not considered by previous EIRs. : RELEVAJ(T PLANNING PROGRAMS )mDacts. 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: %TIT A JLUTION NO. 2415 PAGE 6 OF 10 The future northerly extension (to SR-gl) 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. Findinqs. 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-gl. 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 outline~ 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. ~TIT A 3LUTION NO. 2415 ~PAGE 7 OF 10 TRAFFIC AND CIRCULATION ImDacts. 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. Findinqs. 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. NOISE Imoacts. Construction of the project will result in short-te~ con- struction related noise impacts. Future construction of residential, co~ner- cial and recreational uses along the road's corridor include setbacks and construction methods which mitigate long-term noise impacts. Findinqs. 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. AIR OUALITf Imoacts. 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 ~TIT A jLUTION NO. 2415 PAGE 8 OF 10 standards for new and stationary and mobile source controls and energy con- servation measures. Findinqs. 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. AES1)IET)CS/VISUAL RESOURCES 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. Findinqs. 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~oj.ect 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 $ to block or reduce visibility of the project from existing residential areas. The barrie? shall be at a height sufficient to block views, as determined during the final roadway design phase. PUBLIC SERVICES AND IFFILITIES 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 coot- 11 'TIT A · ~LUTION NO. 2415 PAGE 9 and 10 dtnated and planned with each phase .of development within these jurisdic- tions. No adverse impacts have been identified. Flndinas. 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 Tusttn 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 COt~IENTS Imeacts. 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 Oraft E]R (DEIR), expanded miti- gation measures, and additional mitigation required by the Lead Agency as "betterments', to ~he project. The Response to Comments are combined with the OEIR to become the Final EZR (FEXR) upon certification by the City Coun- cil. Ftndtnas. The Lead Agency has included in the Response to Comments/- FEZR 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 dewatertng 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. Mature trees, when not in the actual roadway alignment, shall be retained where feasible. Removal of any trees shall be authorized 12 TIT A L ~LUTION NO. 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 #]8. -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 Planning Commission ITEM NO. 3 DATE: SUBOECT: LOCAT! ON: REQUEST: ,1UNE 22, 1987 GENERAL PLAN CONSISTENCY / NORTH/SOUTH ROAD PRO,1ECT EXTENSION OF' OLD liYFORDROAD EXTEND!NG NORTHERLY TO CltAPHAN AVENUE THAT THE PLANNZNG COleqlS$iON FIND THAT THE PROPOSED NORTH-/SOUTH ROAD !S !N CONFORMANCE Id!TH THE TUST!N AREA GENERAL PLAN RECO~ENDED ACTION: H.O. That the Commission determine the proposed North/South Road Project is tn conformance with the Tusttn Area General Plan. BACKGROUND: 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 I-5 to existing Chapman Avenue (realigned Santiago Canyon Road) and will traverse the eastern boundary of the City of Tusttn, and extend into the City of Orange and unincorporated County area. The roadway will be a six lane facility from Irvtne Boulevard to Tustin Ranch Road and a four lane facility from Tustin Ranch Road to Chapman Avenue. Section 65402 of the California Government Code addresses restrictions on acquisition and disposal of real property. This section is of relevance here in that 65402 (a) reads in part that: "If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street ....... or other public purposes ....... if the adopted general plan or part thereo~ applies thereto, until the location, purpose and extent of such acquisition ...... have been submitted to and reported upon by the planning agency as to Conformity with said adopted general plan or part thereof." Part of the proposed North/South, Road Project is within the Jurisdictional limits of the City of Tustin and is covered by the Tusttn Area General Plan. Community Development Department Planning Commission Report General Plan Consistency North/South'Road June 22, lg87 Page two DISCUSSION: The limits of the project which are within 'the City limits extend from Irvine Boulevard to the northerly City boundary traversing the easterly perimeter of the City boundary. Immediately adjacent to the west side of the alignment in the southern portion of the project is the East Tusitn Specific Plan Area. The project road is intended to provide an additional north/south arterial to better.serve the transportation needs of existing and future planned development in the region and to relieve congestion on other parallel roadways, such as Newport and Red Hill Avenues. 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 Plan. In addition, the arterial roadway has been identified in the Master Plans of Arterial Highways, as described in the Traffic and Circulation Section of EIR 87-! (EIR North/South Road Project). Staff recommends that the Planning Commission determine that the proposed road project is in conformance with the Tusttn Area General Plan because it will implement a component shown on the Master Plan of Arterial Highways which is included in the Circulation Element and the East Tusttn Specific Plan. Associate Planner Director of Community' opment MAC:per Corn munity DeveloPment Departmen~ Report to the Planning Commission ITEM NO. 4 DATE:: 4UNE:. 2Z, 1987 SUlMECT: LARGE FAKfLY DAY CARE HOI4ES ZONING ORDINANCE N4ENDI4ENT 87-02 ElffiIRONME~I'AL STATUS: A NEGATIVE DECLARATION HAS BEEN APPLIED FOR TO CONFORM illTH THE CALIFORNIA EN¥IRONHENTAL qUALZTY ACT REC01~IENDATION: It ts recommended that the Planntng Commission recommend to the Ctty Counctl approval of Zontng Ordinance Amendment No. 87-02 by the adoptton of Resolution No. 2408. BACKGROUND: On June 8, 1987 the Planntng Commission directed staff to advertise a publlc heartng on (Zontng 0rdtnance Amendment 87-02) proposed code amendments for Large Famtl~ Day Care Homes. Attached to thts report ts a copy of the staff ~eport to the Planntng Commission dated June 8, 1987 whtch Includes all justification for the proposed Amendments. Changes to draft Resolution No. 2408 as requested by the Commission at thetr meettng on June 8th have been completed. Har-y Ann C~famberlat n ' Assoclate'Planner MAC:per Attachments: June 8, 1987 Planntng Commission Report Resolution No. 2408 Negative. Declaration Corn munity Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 2'7 28 RESOLUTION 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 Planning Commission'of the City of Tusttn does hereby resolve. The Planning Commission finds and determines as follows: a) That the State of California Health and Safety Code Section 1597.46 mandates that a permit be granted for large family day care homes if they comply with local standards and requirements. b) That to ensure that the integrity of the Single-Family Residential zone is maintained, the City may establish applicable standards for spacing and concentration, traffic control, parking and noise control. c) That a Negative Declaration has been prepared conforming with the California Environmental Quality Act. II. The Planning Commission hereby recommends to the City Council that Section g223a$ be amended as follows: "6. Large family day care homes", caring for seven (7) to twelve (12) children, are subject to the following regulations: a) Prior to commencement of operation of any large family day care home, the applicant for a permit shall complete and submit an application to the Community Development Department. Information provided on the permit shall include: Name of operator; address of the home; and a list of property: owners within 100 feet of the proposed day care home. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 . 20 21 23 25 26 2'7 28 Resolution No. 2408 Page Two b) C) d) e) f) g) h) Large famtly day care homes shall be operated in a manner not exceeding the notse level in the Tustln Noise 0rdlnance, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. A day care home shall by design, locatlon and layout avoid any potential .noise which may constitute a nutsance to neighboring properties. A permit shall not be granted for a large day care home that would be established within 300 feet of the exterior property boundaries of any existing ltcensed large family day care home. All property owners wtthtn a 100 foot radius of the exterior property boundaries of a proposed large'family day care home, as shown on the last equalized County assessment ro11, shall be notified of the intent to establish such a home. No hearing on the application for a permtt shall be held by the Planntng Commission unless a hearing is requested by the applicant or a property owner within a 100 foot radius of the exterior boundary of the proposed home. If no heartng ts requested, the permit shall be granted if the large famtly day care home compltes wtth the provisions of this code. Any day care home must comply wtth all regulations adopted and enforced by the State Fire Marshal and Orange County Fire Department. The rear yard of the home must be enclosed by a nrl ntmum six-foot high fence. The Planntng Comtsston shall not grant a permtt for a large famtly day care home for any location that has on the property a swt~mlng pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 '17 18 19 2O 21 22 23 24 ~25 Resolution No. 2408 Page Three i) J) k) 1) Any day care ho~e must comply with the provisions of the State Untform Butldtng Code and City of Tustin Butldlng requirements which apply to single family residences. Any large day care ho~e must provtde one (1) off-street parking space for each e~ployee who is not a resident of the premises, and provide adequate drop-off and/or pick-up facilities on-site or ineedtately adjacent to the site as necessary to avoid interference with traffic and to promote the safety of children. An applicant for a large day care home shall be ltcensed or deemed to be exempt from licensure by the State of California as a large family day care home. Nothtng contained In the provisions of thts amendment shall preclude the revocation for cause of any permtt granted for a large famtly day care home following proceedings conducted bY the Planntng Co~mtsston to determine tf said use ts operated tn a ~anner detrimental to the health, safety or welfare of the community or surrounding properties. PASSED AND ADOPTED at a regular meettng of the Tusttn Planning Commission, held on the day of , 198 Charles E. Puckett, Chatr~an PENNI FOLEY, Recording Secretary 27 28 NE-GATIVE DECLARAT,ON CITY OF TUST1N ' . 300 CENTENNIAl- WAY, TUSTIN, CA.. 92680 Project Tttle: Zoning Ordinance Am'endments .Ftle ~1o. ZOA 87-02 for Large Famil'.¥ .Day Care Homes Project Loca.t!on: ~lty of Tustin Project 0escrtptlon: ·Amending the zoning co'de ~o inclu'de traf~fic safety measures and noticing requirements Project Proponent: City of Tustin Contact Person: Mary Ann ChamberlainTeleph°ne: (71q) 5qq-~0 252 The Community 0evelopment Department has conducted an tntttal study for the above project tn accordance wtth the Ct~ of Tusttn's pro~dures ~gardtng t~le~n~tt~ of the ~11fornta Envt~onmn~l Qua11~ Act, and.~ ~ basts of that s~dy ~reby ~nd:. .' That there. Is no substantial evtdence that the pro~lect may have a significant effect on the environment. That potential st'gntftcant affects were Identified, but revisions have been tncluded in the project plans and agreed ~o by the applt.cant that would avotd or mtttgate the affects to a potnt where clearly no significant effects would occur. Satd revisions are attached' to and hereby made a pa~ of thts Ilegattve Declaration. Therefore, the preparation of an Environmental zm~act Report ts not required. 'The tntttal study whtch prOvtdes the basts for thts determination Is on ftle at the Commntty 0evelopmant 0epartment, Ctty of Tusttn. The publlc t$ 1nvtted to coment on the appropriateness of thts ~egattve 0eclaratton durtng the revtew pertod, whtch begtn$ wtth the publlc nottce of a Negatlve 0eclaratton and extends for seven calendar days.. Upon revtew by the Communtty.0evelopment [~trector, thts revtew pertod may be extended tf deemed necessary. RECOI~IENDAT]ON It ts recommended that the Planning Commission direct staff to advertise a public hearing as soon as possible and upon the completion of any necessary environmental review for Zoning Ordinance Amendement No. 87-01. BACKGROUND Effective ~anuary 1, 1984 legislation went into effect regulating the placement and operation of large family day care homes. This legislation virtually pre-empted local control of this use, however, tt does allow local ordinances to prescribe certatn standards. On May 21, ~g84 the Ctty Counctl adopted Ordinance 9~! (see copy attached) which allows large family day care homes.~n the single family residential districts. This ordinance established reasonable standards for large family day care homes. Attached to this memo ts correspondence received from the Ctty Attorney which suggests that our present code be amended to better meet the provisions of State Law. In response to their memorandum and other issues ratsed by the City Council tn thetr revtew of recent large family day care home applications, proposed Zoning Code Amendments have been prepared. AllALYS]S The Tusttn Ctty Code states: "Large Famtly Day Care Home" means a family dwelllng untt, non-institutional tn character,'properly licensed by the County of Orange, which provides day care only, for a maximum of twelve (~2) chtldren ages etghteen (18) years or younger, including the licensee's own children under the age of twelve (~2). The Health and Safety Code Section ~$97.46 mandates that permtts be granted the large family day care home complies with local ordinances which prescribe standards or restrictions concerning spacing, concentration, traffic control, parking and noise control. The City's current code includes regulations, reg?dt~g n~ts~_!to some extent) l and spaclng but does not include any criteria Tot trattlc and parking. Community Developmen~ Department Planning Commission Report Large Family Day Care Home June 8, [987 Page Two Proposed code amendments would provide staff with the ability to better evaluate the location of a proposed large family day care home. These amendments would also provide additional' protection and mitigation to the neighbors in the vicinity of day care homes ensuring that approval, of large family day care homes will not create a traffic problem for the neighborhood. Appropriately, Staff recommends that amendments be made to Section 9223 of the Zoning Code as follows: Modify Section 9223a6e of the Tustin Code to read: No hearing on the application for a permit shall be held by the Planning Commission unless a hearing is requested by the applicant or a property owner within 100 feet of the proposed home. The permit shall be granted if the large family day care home complies with the provisions of this code. Modify Section 9223a6d to read: All property owners within a 100 foot radius of the exterior boundaries of a proposed large family day care home as shown on the last equalized County assessment roll shall be nqtt~ted of. the intent to establish such a home. 3. Modify Section g223a6b to read: Large family day care homes shall be operated in a manner not exceeding .the noise levels in the Tusttn Noise Ordinances, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. A day care home shall also by design, location and layout avoid any potential noise which may constitute a nuisance to neighboring properties. : 4. Add the following additional standards to Section 92~3a6: a) Any day care home must comply with the provisions of the State Uniform Building Code and City of ITusttn building requirements which apply to single family residences. Community DevelOpment Department Planntng Commission Report Large Family Day Care Home 3une 8, ~g87 Page T~ree b) c) Any larg~.day care home must provtde one (1)'off-street parktng space for' each employee who is not a resfdent of the premfses, and provtde drop-off/pick-up factlttte~ on-stte or Immediately adjacent to the stte as necessary to avotd interference wtth trafftc and to promote the safety of children. An applicant for a large day care home shall be licensed or deemed to be exempt from ltcensure by the State of CaltfornJa as a large.family day care home. Attached for the Commfsston's review ts a draft resolution wtth the above recommended amendments. Should the Commission agree wtth the proposed approach, staff would be prepared to schedule the matter for a public heartng. !~ary~.nn Cl~moer~a~n, Associate Planner MAC:CAS:ts Attachments: Ordinance No. Resolution No. 2408 ~Ch~tsttne A. Sh~ng~ton, Otrector of Community Development Community Development DeparTment 1 2 5 6 ? 8 9 10 11 12 14 15 16 1'/ 18 19 ~.0 ~.1 2~ ~4 25 26 27 28 ORDINANCE NO. 911 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE ALLOWING LARGE FAMILY DAY CARE HOMES IN THE SINGLE-FAMILY RESIDENTIAL DISTRICTS (ZONING ORDINANCE AMENDMENT NO. 84-1) The City Council follows: of the City of Tusttn does' hereby ORDAIN as Section 9221a of the Tusttn Ctty Code ts hereby amended by adding the following: 6. Large Family Day Care Homes, caring for seven to twelve children subject to the standards contained tn the R-1 District regulations (Section g223a.6.) II. Section 9222a of the Tusttn City Code is hereby amended by adding the foilowlng: 4. Large Famtly Day Care Homes, caring for seven to twelve children subject to the standards contained in the R-1 'District Regulations (Section 9223a.6.). III. Section 9223a of the Tusttn City Code is hereby amended by addtng the following: 6. Large Famtly Day Care Homes, caring for seven to twelve chtldren subject to the following regulations: a. Prior to commencement of operation of any Large Famtly Day Care Home, the applicant for a permtt shall complete and submit an application to the Community Development Department. Information provided on the permit shall tnclude: name of operator; address of the home; and a list of property owners within 100 feet of the proposed day care home. b. Large family day care homes shall be operated in a manner not exceeding the notse levels in the Tusttn Hotse Ordinance, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring proper?es. c. A permit shall not be granted for a large day care home that would be established within 300 feet of any existing licensed large family day care home. d. All property owners within 100 feet of a proposed large family day care home shall be notified of the intent to establish such a home. e. If any written protest against permit issuance is received from any property owner within 100 feet 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 Ordinance ~1o. 91. Page 2 IV. VI. of the proposed home. a heartng shall be conducted by the Planntng Commtssfon. Based on .testl. mony presented durtng the heartng pertaining to not se. trafftc, parktng, concentration or spacfng of such homes, the Planntng Commission shall approve or deny ~he request for a large faintly day care home. f. Any day care home muSt comply wtth all regulations adopted and enforced by the State Ftre l~arshal and Orange County Ftre Depar13,ent. g. The rear yard of the home must be enclosed by a mtntmum stx-foot (6') htgh fence. h. The Planning Commission shall not grant a pen, tt for a Large Faintly Day Care ~lome for any locatton that has on the property a swtmmtng pool as deftned by Sectton 102 of the tlntform Swtmmtng Pool Code, as adopted. t. llothtng contetned tn the provisions of thts amendment shall preclude the revocation for cause of any permtt granted for a large faintly day care home following proceedings conducted by the Planntng 'CommtssJon to determine tf satd use ts operated tn a manner detrtment~l to the health, safety or welfare of the community or surrounding property. Sectton 9224b of the Tusttn Ctty Code ts hereby amended by &ddtng the following: 12. Large Faintly Day Care Homes, cartng for s~ven to ~welve chtldren subject to the s~andards contetned tn the !~-1 Otstrtct regulations ($ectton g223a.6..). ·Sectton g228a of the Tusttn Ctty Code fs hereby amended by addtng the following: 6. Large Faintly Day Care tlomes, cartng for seven to ~3~elve chtldren subject to the s~andards contained In the R-1 Dtstrtct regulations ($ectton $ectton 9244d of the Tusttn Ct'cy Code ts hereby amended by addtng the following: 5. Large Faintly Day Care Homes, cartng for seven to twelve chtldren shall be allowed as permitted uses those areas designated for single-family residential land uses, subject to the standards contained In the R-1 Dtstrtct regulations ($ectton 9223a.6.). 1 2 $ 5 6 ? $ 9 10 11 12 Ordinance go. g.- Page 3 VII. Section 9297 Definitions of the Tusttn City Code is hereby amended bY adding the following: "Large Family Day Care Home" means ,a famtly ~elltng untt, non-Institutional tn character, properly 11censed by the County of Orange, which provides day care only, for a maxtmum of l~elve (12) children ages 18 years or younger, Including the licensee's o~n chtldren under the age of 12. VIII. A Negative Declaration for Zontng Ordinance Amendment go. 84-1 ts hereby approved tn conformance with the requirements of the California Environmental Qualtty Act. PASSED AND ADOPTED at a regular meeting of the Tusttn City Council held on the 21st day of May , 1984. 1311 ATTEST: 16 ', CIT~' CLERK 17 18 19 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) ACTING MAYOR I MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the 20 City of Tustin, California, does hereby certify that the whole number of the 21 members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 91! was duly and regularly introduced and read at an adjourned regular meet~ of the City Council held on:the 7th day of 22 May, 1984, and was given its second reading and duly passed and aod~-~ed at a 2,~ regular meeting held on th~ 21st dmy of May, 1984, by the following vote: 24 AYES : COUNCILPERSONS: NOES : COUNCILPERSONS: ~ ABSENT: COUNCILPERSONS: 26 27 28 Edgar, Hoesterey, Saltarelli None Greinke, Kennedy .L~MARY of Tustin, California City E. WYNN, City C~erk SU~RY PUBLISHED IN TUSTIN NEWS: May 31, 1984 Report to the Planning Commission ITEM NO. 5 ' DATE: . SUBdECT: APPLICANT: OMIER: LOCATION: ZONING: ENYIROII~ENTAL STATUS: REQUEST: JUNE 22, 1987 USE PER~IT NO. 87-12 BONNIE ENGLEBERG OF SABA'S PL~RKET 13841 TUSTIN EAST DRIVE TUSTIll, CALIFORNIA 92680 VISTA LAGUNA 901 M. CIVIC CENTER DRIVE J~340 SANTA ANA, CALIFORNIA 92703 14161 NEMPORT AVENUE, SUTTES C & D C-1: RETAIL COIIIERCIAL CATAGORICALLY EXEHPT, CLASS 1 AUTHORIZATION FOR AM OFF-SITE BEER AND MTNE LICENSE CONJUNCTION MITH A 890 SQUARE FOOT CONVENIENCE RRRKET USE. IN RECOII~ENDED ACTION: recommended that the Planntn9 Commission approve Use Permit 87-12 by the adoptton of Resolution No. 2410. SUI~IARY: The applicant has applied for authorization to sell beer and wine in conjunction with a specialty convenience market. The applicant is proposing to o)en a 890 square foot market specializing in Greek foods. This application is subject to the distance requirements established by Zoning Ordinance Amendment No. 87-1. Staff has reviewed the subject application for conformance to these requirements and recommends approva] for this request. ~NALYSIS: ~'he subject business ts located tn a small retail center on Newport Avenue, south of the I-5 freeway. The project location and its distance from other outlets and sensitive uses are as follows: Corn munity Development Department Planntng Commtssfon Report Use Permtt No. 87-12 June 22, 1987 Page Two Dtstance Requirement 100 feet from restdental 300 feet from other outlets 600 feet from schools, churches, or hospitals Proposed Dtstance 135 feet (measured door to doo~) 320 feet (measured door to door) Htntmum ~900 feet Thts stte meets the dtstance requJrements and staff recommends that the alcoholic beverage sales establishment guidelines be Incorporated ~nto the conditions of approval for thts application. These conditions are contafned tn the attached resolution and'Include 1rems such as: No more than 10~ of the floor area shall be devoted to sales, storage or dtsplay of alcoholic beverages; The hours of operation are 11mtted to 8:00 am to 8:00 pm; All persons selllng alcoholic beverages shall be at least etghteen years of age or older and shall be supervised by someone 2! years of age or older. The supervisor shall be present tn the same area as the potnt of sale. CONCLUSIONS: The project complles with the. dtstance requirements established by Zonfng 0rdtnance Amendment No. 87-! and staff has Incorporated the alcoholic beverage sales establishment guidelines tnto the proposed re~olutton. Based upon the conformance wtth the dfstance requirements and the fncorporatton of the - alcohollc beverage sales guidelines staff recommends approval for thts request. LCP:CAS:ts ~ttachments: Sfte Plan Floor Plan Resolution No. 24!0 ~trhrJ[e [to~e0~' CSoh~11 ~nglf ~vel opment Community Development DeparTment 1 2 - 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 O. The Planning Commission of the City of Tusttn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application, (Use Permit No. 87-12) has been filed on behalf of Saba's Market requesting authorization for off-site beer and wine sales at 14161 Newport Avenue, Suite C and 0. Bm That a public hearing was duly called, noticed and held on said application. JC. 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, evidenced by the following findings: 1. The project is in conformance with the Tustin General Plan. 2. The project is located in ~he C-i: Retail Commercial district. 3. The use applied for is an allowed use in the C-1: Retail Co~ercial district. e The project is located in an area where all distance requirements of the Zoning Ordinance Amendment 87-1 have been met. De That the establishment, maintenance, and operatlo~ of the use applted 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 Tusttn, and should be granted. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. F. The project is catagortcally exempt from the requirements of the California Environmental Quality Act. (Class 1) 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. 2410 page two II. The Planning Commission hereby approves Conditional Use Permtt No. 87-12 to authorize off-site beer and wine sales in conjunction with a 890 square foot convenience market at 14161 Newport Avenue, Suite C and D subject to the following conditions: Authorization for off-site sales of beer and wine is contingent upon the use at the subject site remaining as a convenience market. Should this use change or be discontinued, authorization for this use permit is null and void. e All persons selling alcoholic beverages shall be eighteen years of age or older and shall be supervised by someone twenty-one years of age or older at all times. Supervisor shall be present in same area as point of sale. e Hours of operation are limited to the hours of 8:00 am to 8:00 pm. e Two (2) "No Loitering" signs shall be posted at the entrance of the business. Se No pool tables or coin operated games are allowed at this location. No alcoholic beverages shall be consumed on any proper'ty adjacent to the licensed premises under the control of the applicant. Refrigerated single-serving beverage containers shall be located in an enclosed refrigeration unit no less than ten (10) feet from the point of sale. ge Expansion of the subject convenience market beyond 890 square feet will require approval of the Planning Commission. Signs posted to advertise items shall be limited to cover no more than 25~ of the window area. 10. Floor area devoted to sale, display and storage of alcoholic beverage items shall be no more than 10~ of the total gross floor area. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2410 page three 11. The applicant shall sign and return an Agreement to Conditions Imposed form which states that the applicant agrees to all conditions imposed,, the conditions shall be included on the State issued Alcoholic Beverage license, and failure to comply with any of the foregoing conditions shall be grounds for suspension or revocation of the license. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 198 Charles E. Puckett, Chairman Penni Foley, Recording Secretary ITEM NO, ~ , Planning Commission DATE: JUNE 22, 1987 SI~ECT: ZONE CHANGE 87-1, 87-2 AND GENERAL PLAN AHENOIqENT 87-1 APPLICANT: ENVIRONMENTAL STATUS: LOCATION: CITY OF TUSTIN 300CENTENNIAL HAY TUSTIN, CALIFORNIA 92680 ZONE CHANGE 87-1: CATAGORICALLY EXENPT CLASS 5 GENERAL PLAN AHENO#ENT 87-1 AMD ZONE CHANGE 87-2: A NEGATIVE DECLARATION HAS BEEN FILED IN CONFORRAMCE ¥ITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PROPERTIES LOCATED OM THE NEST SIDE OF NENPORT AVENUE BETNEEN THE I-S FREE#AY AMD IlXTCHELL AVENUE AND ON THE EAST SIDE OF NEIJPORT AVENUE BETNEEN RAIN & SAN JUAN STREETS RECOIIIENDED ACTION: It is recommended that the Planning-Commission direct staff to advertise a public hearing for Zone Changes 87-1, 87-2 and Generel Plan Amendment 87-1. BACKGROUND: On Aprtl 20, 1987 the City Counctl passed an Urgency Ordinance (No. 983) which approved a moratorium on processing, tssuance of butldtng permtts or approvals of any kind for development projects in the areas along Newport Avenue as Illustrated on Map 1 and 2 to Attachment 1. The subject meratortum was tn effect for 45 days (per section 65858 of the California Government Code) and was subsequently extended for ten (10) months and fifteen (15) days on June 1, 1987. The moratorium was enacted for the purposes of conducting a* zoning study on the properties tn the moratorium areas. A review of the events which started this process and the development constraints on the properties tnvolved is tncluded in Attachment 1 tO this report providing further information and clarification of the issues Involved. ~taff have completed the zoning study of the properties tncluded tn the qoratortum area and have drafted appropriate amendments to the General Plan and ~oning Ordinance for the Commission's review and comments. A summary of the recommended approaches is as follows: East Stde of Ne~port Avenue Between llatn Street and San Juan .(Zone Change Community Development Department Planning- Comm~ ss~on Report Zone Change 87-! and 87-2 and General Plan Amendment 87-1 ,June 22, 1987 Page 1~o All etght (8) parcels ire currently tn the South Central Redevelopment Area and are zoned for co~,,~erctal use (See Hap No. 1 tn the attached staff report). Each lot has a commercial land use designation tn the General Plan. As proposed, the zone change would tnvolve rezontng of all etght (8) parcels from CG and CG-PUD to Planned Community Commercial (PC-C). The zone change would not alter the types of uses allowed by the current zontng on the property, ho~ever staff recommends that the Co~mtsston consider guidelines for development of Planned Communtty Commercial properties (See ~tem number 3 tn this report). Use of the Planned Community Commercial dtstrtct as opposed to CG and CG-PUD wtll allo~ certatn development flextbtltttes such as parktng, set back and hetght requirements whtch are tat]ored to meet the needs of each development area. Thls would be done through approval of a development p]an whtch ts required* prtor to tnttlatton of any pro~iect tn the Planned Community Commercial District. Thts development plan ts approved by the Planntng Commission through a. Use Permtt. tleststde of orr 'Avenue Between the I-5 F_~_~.a and #ltche11 Avenue Thts area tncludes eleven (11) parcels located In the Sou.th- Central Redevelopment Area (See ~lap Number 2 ~n the attached staff report). Of these, stx (6) are zoned C-1: Retall Commercial and the remetntng five (5) parcels are zoned R-3: Hultt-famtly ResJdehttal. The proposed project would rezone all eleven (11) parcels to Planned Co. mmuntty Co~rctal. Thts would allow uses currently authorized on the stx (6) C-1 zoned parcels, ho~ever, the ftve (5) R-3 zoned lots would be rezoned to commercial. As wtth the area previously discussed, Incremental development of parcels tn thts area would render other propertles undevelopable for commercial use. Thts ts due to the current lot configurations whtch create Irregular lots wtth mlntmum visibility and access. ~Hth the Planned Community Commercial zontng designation, .the use of development plans can help to reduce these pr. oblems as opposed to ustng a standard C-1 or CG zone whtch would allo~ tflcremental development. Multi-family structures on the extsttng R-3 zoned lots would be considered existing, non-conforming uses. Under current provisions of the Ctty's Zontng Code, extsttng uses and structures would .be permitted to rematn unttl construction of more than $0:; of the assessed value Is necessary or tf the use on the property ts vacated for a period of over stx (6) months. Should etther of these events occur, the property would have to be converted to a commercial use tn conformance wtth the Planned Community district. The remaining stx (6) C-1 lots are currently used for commercial purposes. Corn reunify DeveloPment. Department Planntng Commission Report Zone Change 87-1 and 87-2 and General Plan Amendment 87-1 June 22, 1987 Page three The five (5) C-! zoned lots are currently designated C: Commercial on the General Plan Land Use'Map. However the extsttng R-3 zoned lots are designated MF: Multi-family. A General Plan Amendment would be required to re-designate all properties tn the study area to the Planned Community Commercial (PCC) land use designation prior to any zone change on the subJec~ properties. 3. Plan;~ C.~-~-4ty r~.~ ~;al ~Glo~.t Gu~deli.nes =_._nd_ Rev~ev Criteria: The project areas both contatn stmtlar visibility and access problems. In order to assure comprehensive development of all parcels to thetr fullest potential, staff ~ecommends that the Planning Commission consider adoptton of development guidelines for properties in these areas as well as all other Planned Community Commercial lots. The proposed guidelines incorporate the following objectives for development plans in the Planned Community Commercial district: Consolidation of lots shall be incorporated wherever feasible; Development of stngle'parcels at the expense of ltmtttng future potential development of other parcels in the same district and which are adjacent to the area being considered, shall be discouraged; The intent of the development plan shall be to allow maximum 'visibility and accessibility of all parcels in the same district which are adjacent to the property being considered; and Development Plans proposed for Planned Community Commercial properties should incorporate uses in which contribute to the general fund wherever possible. CONCLUSION: Staff considers the issues of limited access and visibility of parcels in the study areas .(refer to Attachment 1) to be a paramount constder,)tion in addressing this project. Staff can facilitate comprehensive developmeht of the properties considered with the recommended Zone Changes, General Plan Amendment and adoption of development guidelines while meeting the intentions of the South. Central Redevelopment Plan. Corn munity DeveloPment Department Planntng Commission Report Zone Change 87-1 and 87-2 and. General Plan Amendment 87-! June 22, 1987 Page' four Guidelines to be uied in reviewing projects In the Planned Community Commercial 0tsttct are tncorpora'ted tnto the attached draft Re~olutton No. 2411. Oral:. resolutions for Zone Change 87-! , 87-2, and General Plan Amendment 87-! are. also attached for revtew. /~:a~/~ n~/A.' Shrngleton, 3f Community Oevelopment LOP:CAS:ts:per Attachments: Hay 2~, ~987 Staff Report Resolution No. 24~! Resolution No. 24~Z Resolution No. 2413 Resolution No. 24~4 Corn munity Development Department ATTACBI~NT NO. I TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COBIIUNZTY DEVELOPMENT DEPARTMENT £XTENSION OF MORATORZUM ORDZNANCE - NEIIPORTAVENUE. REC011~NDED ACTION: H.0. That Urgency Ordinance No. 986 have first reading by title only. M.0. That Urgency Ordinance No. 986 be introduced. M.0. That Urgency Ordinance No. 986 have second reading by title only. M.O. That Urgency Ordinance No. 986 be passed and adopted. BACEGROUND: The Tustin City Council adopted an interim ordinance (No. 983) on April 20, 1987. This ordinance placed a moratorium on the processing, issuance of permits or approvals of any kind for development projects of properties located on the east side of Newport Avenue between Main Street and San Juan and on the west side of Newport Avenue between the 1-5 freeway and Mitchell Avenue. Attached is a copy of the April 20, 1987 Staff report which discusses the background and zoning issues related to the initiation of the moratorium. The subject moratorium was established for the purpose of permitting completion of Zone changes and a General Plan amendment which will re-zone the.study areas to PC-Planned Community Commercial. This is expected to encourage comprehensive development of the properties in the study areas and avoid incremental development of properties which have a detrimental effect on the area. The moratorium previously adopted is effective for 45 days from the date of adoption and may be extended by the City Council for ten {10) months and fifteen (15) days. A subsequent extension of one year may also be granted with the approval of the City Council. Section 65858 requires that a report be prepared and made available to the public ten (10) days prior to the public hearing for the consideration of extending any moratorium adopted by an interim ordinance. This report contains the zoning related issues and a proposed course of action for initiation of a zone change and General Plan amendment for the stbdy area. Extension of Moratorium Ordinance - Newport Avenue page two HORK PROGRAM: As discussed in the attached staff report of April 20, 1987, each of the study areas have considerable development potential . However, some lots have minimum visibility and access to Newport Avenue. Should any of the lots which dtrectly face Newport Avenue be developed individually, the possibility of development of the rear lots in each area is highly unlikely. The proposed zone change to PC-plan~ed Community Commercial would reautre some form of lot consolidation and a development plan. This development plan would address visibility and access issues in addition to site, architectural, and landscaping requirements and would be approved by the issuance of a Use Permit. t this time, Staff has completed the following steps towards the preparation of ~ntng ordinance amendments. 1. Base maps prepared. 2. Survey of land use and zoning. 3. ~reparatton of maps showing zoning/land use and condition of property. 4. Initial analysis of proposed zone change and General Plan amendments. The base maps and analysis results Will help staff to prepare the final zoning documents for presentation to the City Council and Planning Commission. The following is a proposed processing schedule for the current work program: DA'r~ ACTIVI'r~ June 1, 1987 Public Hearing held by City Council to consider extension of the moratorium on the Newport Avenue study areas. ~ June 1, - June 22, 1987 Staff to complete analysis of study area. Preparation of zone changes and General Plan amendment. June 22, 1987 July 13, 1987 Preliminary workshop with Planning Commission and residents to review Staff report and recommended approach. Public Hearing held by Planning Commission for adoption of zone changes and General Plan amendment. July 20, 1987 Public Hearing held by City Council/Redevelopment ~gency. for cons[derQt[~q o~_ zopp ghanges and eneram Plan amenamen: tP~rs: ~eaa~ng~. Moratorium Ordinance No. g83: Zoning Study Page three · DA'IT ACTIVITY August 3, 1987 September. 2, 1987, Second reading of zone changes and General Plan amendment. Zone changes and Seneral Plan amendment in effect/moratorium terminated. This tenattve schedule allows for approximately 3 months of processing time. Minor alterations of this schedule may occur if the scope of the project changes. Although the moratorium is not expected to be in effect for ten (10) months and fifteen (15) days, the tenative schedule may change if unforeseen -difficulties arise, the scope of the project is changed or the current work load n the Court, unity Development Department changes significantly. However, the ,ontng changes and General Plan amendment can be expected to be in effect in less than the allowed ten (10) months and fifteen (15) days. Upon adoption of the zone changes and General Plan amendment, the moratorium would automatically expire. ·Otrector Community Development Department Attachments: STAFF REPORT ORDINANCE NO. 986 EXHIBIT A EXHIBIT B ~ ~'~i, '.~'~. ~ ORDINANCES FOR ADOPTION DATE: APRIL m, 1987 TO' WILLI~ A. m;OI, FROM: C~NXW ~VELO~E~ S U BJ ECT: PROPOSED MORATORIUMS ON THE F.~RLY SIDE OF NEWPORT AVENUE BET~IEEW SAN JUAN AND MAIN STREET AND ON THE WESTERLY SIDE OF NEWPORT AVENUE BETWEEN I-5 FREEWAY AND ldITCHELL AVENUE RECQIIIE#DAT[ON: M.O. That Urgency Ordinance No. 983 have first reading by title only. M.O. ThatUrgency Ordinance No. 983 be introduced. '',0. That Urgency Ordinance No. 983 have second reading by title only. ,~.0. That Urgency Ordinance No. 983 be passed and adopted. BACKGROUWD AND ANALYSIS: The Community Development Department has recently been approached by several parties about development of property at the southeast corner of Newport Avenue and Main Street and property along the west side of Newport Avenue between Mitchell Avenue and the 1-5 freeway. These are properties that staff feel have development potential. However, it is our position that limited access and traffic issues along Newport Avenue necessitate that the properties in each study area be developed as comprehensive, cohesive projects. These study areas and the issues involved are discussed separately below. EAST SIDE OF NEWPORT AVENUE BEl~EEN MAIN STREET AND SAN JUAN Each of the corner sites has considerable development potential. Each of the sites within this study area are zoned CG-Commercial General or CG-PUD-Commercial General-Planned Unit Development. The three lots on the north would provide a development site of 1.48 acres if combined. The southerly site comprises eight lots which total 1.11 acres if combined. See Map ! for clarification. Current zoning would allow incremental development of each of the eight lots within the study area. Although some sites have optimum visibility and accessibility, the most easterly lots are not visible or accessible from Newport Avenue. Should incremental development occur, all access and street visibility of the easterly lots will be limited to Andrews Street or San Juan, thereby creating a situation that makes it highly unlikely that these sites would be developed as commercial propoerty despite their current zoning. City Council. Report April 20, 1987 San Juan and Main Street Morltortum Page two Recognizing the Important l=catton of the subject properties across from Tusttn Plaza and as. entry to the Ctvtc Center and Old Town, the City should ~ake whatever steps necessary to ensure consolidated development of the subject properties. In order to encourage coh~stve development of the area, initiation of a zone change on all eight sites is recommended. This zone change could rezone all eight sttes to PC-Commercial which requtres a development plan and Use Permit prtor to construction. Stmtlar uses already authorized tn the CG zone would be allowed in the PC zone. However, flexibility tn mixed uses, parktng and setback requirements and stte destgn would be available, WESTSIDE OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE T~ts area Is comprised of eleven lots In an area approximately 3.98 acres in size. Six lots within the study area, which have access directly onto Newport Avenue, are zoned C-! Retail Commercial. The remaining five lots are zoned R-3-Multtple Family Residential. See Map 2 for details. Some lots (Alta Dena Dat r~, vacant Texaco site and the Headache Treatment Center) which face Newport Avenue have optimum visibility and accessibility. However, the three lots on the north east corner h~ve very limited access due to their irregular 'configuration. The.remaining properties are accessed from either "C" Street or "B" Street and currently contain non-conforming multiple family housin~ units. These units were annexed into Tustin from the County of Orange and do not meet current parking, open space, architectural- and density requirements of the R-3 zoning district. Incremental development of all or a portion of the properties will have an affect upon the development of the properties as a whole. As in the case of the previously discussed study area, incremental development ~ould occur under the current zoning. However, incremental developent of certain lots, such as the vacant Texaco site would greatly reduce the possibilities for development of the three lots to the north. In order to encourage' comprehensive development of the area, staff is currently studying the feasibility of a zone change on all eleven parcels. This zone change could involve rezoning all eleven sites to Planned Community which requires a development plan and Use Permit prior to construction. ¢tty Council Report Apr11 20, 1987 San Juan and Matn Street Horltorlum Page three CONCLUSZONS: Department staff are centinually contacted by interested parties who wish 'to develop all or a part of the study areas. In order ~o encourage comprehensive development of the study areas, staff would recommend that the Council adopt an tntertm urgency ordinance that would impose a morttorlum on the processing, approval or issuance of any building permits or discretionary actions within the study areas until a zone change can be enacted. CAS :LCP :pef Attachments: Map 1 Map 2 Urgency Ordinance No. 983 Andre~s :St. S~ Jmn East side of Newport Avenue between San Juan and Main St. CC, Co,m,,ercial General (no Use Permit Required) CG-PUD Co,mtterci,¢t General- Planned Unit Development (Use Permit Required) MAP Z R-3 C-1 R-3 C-1 C-1 C-1 C-1 C-1 Mitchell Ave %Vest side of Newport Avenue between Mitchell and I-5 FWY. C-1 Retail Commercial Zone R-3 Multiple Family Residen- tial Zone 1 2 3 4 5 6 7 8 9 10 11 ~3 14 ~5 16 17 18 19 20 ' 21 23 25 26 27 ORDINANCE NO. 983 AN URGENCY'ORDINANCE OF THE CITY COUNCIL OF TUSTIN, CALIFORNIA, DECLARING A MORATORIUM ON PROCESSING, ISSUANCE OF PERMITS OR APPROVALS OF ANY KIND FOR DEVELOPMENT PROJECTS OF .PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF NEWPORT AVENUE BETWEEN SAN JUAN AND MAIN STREET AND ON THE WEST SIDE OF NEWPORT AVENUE BETWEEN TtlE I-5 FREEWAY AND MITCHELL AVENUE The City Council of the City of Tustln, California, does ordain as follows: The City Council finds and determines as follows: The Community Development Department is currently in the process of studying the feasibility of 'a Zone Change to require a development plan and Conditional Use Permit for development of properties on the easterly side of Newport Avenue between San Juan and Main Street as shown on Exhibits A and B attached hereto. B® Certain 'lots within the area have limited accessibility which precludes quality development compatible with a major arterial roadway. Ce Incremental development of the parcels and absence of a comprehensive development plan is injurious to the public health, safety and welfare. The Community Development Department is conducting and will continue to conduct a study of the need for an ordinance to redesignate the zoning designation on the properties as shown on Exhibits A and B attached hereto. II. The City Council hereby declares a moratorium on the processing, issuance of permits or approvals of any kind for development projects shown on Exhibits A and B pending completion of the study and report of the Planning Commission and Community Development Department and action thereon by the City Council.. The moratorium declared hereby shall extend for a period of 45 days from the date of adoption of this ordinance, unless duly extended or terminated. 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 10 21 '22I 23 2~ '27 281 Ordinance No. 983 Page two III. This ordinance is adopted to protect the' public health, safety and welfare and is adopted as an urgency measure by a four-fifth (4/5) vote pursuant to the' provisions of .Section 65858 of the California Government Code and shall take effect immediately. The urgency is based on the fact that the City Council hereby finds that the construction of projects on the subject property prior to completion of the study would have an adverse effect on other development and uses and upon the proper planning of the City of Tustin. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the day of , 1987. Richard B. Edgar, Mayor Mary E. ~Wynn, City Attachments: Exhibit A Exhibit B EXHIBIT "A" (Ordinance No. 983) ~'~ .---- ---- --;~:r .:::::~::::::::::::: ====================== ========================= ...... ~:_~! ................... £ ================================= .:: ................................ ................. ::::::::::::::::::::::::::~ ::::::::: ............ .................. ~_'_' ..... ::::::::::::::i _____.~ -__--~ ,~t/DI~ F'tI$ S T~-'F ....... 111111111~ 1::1:1 · ' :t::::: I :::::::::::::::::::::::::: .... :::::::::::::::::::::::::: ,. ........ ~ ;111111 :11111., 1111111114' ~111:4 !1:1:11 ........ 11:11~ :'&Il:Il:: 1111111 1:11111 ~:~::: ::~-'-':: ::xg::I r NORTH NOT TO SCALE oo EXMIBIT "B"' (Ordinance No. 983) ::111:11:::::~ 1:1::1: >:ORTH NOT TO SCALE 1 2 3 4 5 '6 7 9 10 11 12 13 14 15 16 17 18 19 20 9.1 22 9_3 25 26 27 28 ORDINANCE NO. 986 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON PROCESSING, ISSUANCE 'OF PERMITS OR APPROVALS OF ANY KIND FOR DEVELOPMENT PROJECTS OF PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF NEWPORT AVENUE BETWEEN SAN JUAN AND MAIN STREET AND ON ll4E WEST SIDE OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE AS PREVIOUSLY ADOPTED BY ORDINANCE NO. 983. The City Council of the City of Tusttn, 'California, does ordain as follows: I. The City Council finds and determines as follows: Ae The Community Development Department ~s currently in the process of studying the feasibility of a zone change to require a development plan and Conditional Use Permit for development of properties on the easterly side of Newport Avenue between San Juan and Main Street a6d on the westerly side of Newport Avenue between the 1-5 freeway and Mitchell Avenue as shown on Exhibits A and B attached hereto. Be Certain lots within the area have limited accessibility which precludes quality development compatible with a major arterial roadway. Incremental development of the parcels and absence of a comprehensive development plan is injurious' to the pubiic health, safety and welfare. De The Community Development Department is conducting and will continue to conduct a study of the need for an Ordinance to redesignate the zoning designation on the properties as shown on Exhibits A and B attached hereto. II. The City Council hereby extends the declared moratorium on the processing, issuance of permits or approvals of any kind for development projects shown on Exhibits A and B pending completion of the study and report of the Planning Commission and Community Development Department and action thereon by the City Council. The moratorium declared hereby shall extend for a period of up to ten (10) months and fifteen (15) days from the date of adoption of this Ordinance, unless duly extended or terminated. 1 2 3 5 '6 7 9 1_0 ll 12 15 16 18 19 2O 21 23 2~~ 25 26 27 28 Ordinance No. 986 Page t~o III. This Ordinance is adopted to protect the public health, safety and welfare and is .adopted as an urgency measure by a four-fifth (4/5) vote pursuant to the provisions of Section 65858 of the California Government Code and shall take effect immediately. The urgency is based on the fact that the City Council hereby finds that the construction of projects on the subject property prior to completion of the study would have an adverse effect on other development and uses and upon the proper planning of the City of Tustin and to the public's general health, safety and welfare. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tusttn held on the day of ,'1987. Richard B. Edgar, Mayor Mary E. Wynn~ City Attachments: Exhibit A Exhibit B EXHIBIT (Ordinance No. 985) ........... ' ............ iii~iiiiiii~il .., . ::::::::::::::::::::: I NORTH NOT TO SCALE (Ordinance No. 986) x~V~NUE NORTH NOT TO SCALE '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 DRAFT RESOLUTION NO. 2411 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, ESTABLISHING GUIDELINES FOR OEVELOPMENT PLANS ON PROPERTIES LOCATEO IN THE PLANNED COMMUNITY COMMERCIAL OISTRICT The Planntng Commission of the Ctty of Tustln does hereby resolve as follows: I. The Planntng Commission ftnds and determines as follows: Re In order to protect the publlc health, safety and welfare, the Planntng Commission should constder the following guidelines when approving development plans for properties located tn the Planned Community Commercial Otstrtct: Consolidation of lots shall be encouraged wherever feasible to ensure that contiguous properties with the same zoning designation are considered in a comprehensive rather than in an incremental manner. Review of development plans for parcels in the' Planned Community Commercial district' shall consider impacts on adjacent properties, and properties in the vicinity, in that the Planned Community Co,mercia1 district intends to promote the following goals and objectives: The best use of property wtthtn the Planned Community Commercial dtstrtct is development approaching maxtmum development potential; b. To promote a consistent quality of development throughout the Planned Con~nuntty Commercial district; To provtde compatible land uses whtch do not Interfere or create health, safety or moral problems for an adjacent use;' To ensure efficient parcel sizes and ~onftgurattons for development plans approved in the Planned Community Commorctal district; To require development plans combination of standards and stimulate quality development; which incorporate a incentives which will f. To promote lot consolidation in order to minimize traffic congestion through use of combined access points for development projects; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Resolution No. 2411 page two C® ge To provtde development plans that promote max¶mum visibility and accesMbtltty of all parcels tn the same district. [mpacts to properties adjacent to and In the vicinity of property being considered should be revtewed In that incremental development of properties tn the Planned Community Commercial district may render contiguous properties undevelopable for commercial use. h® Ensure that projects proposed for Planned Community Commercial properties Incorporate, wherever possible, uses whtch generate general fund revenue to the City in conformance wtthtn the land use element of the General Plan which is to promote an economically balanced community. That the establishment of these guidelines is necessary to protect the property and improvements tn the neighborhoods surrounding or located in the Planned Community Commercial Districts and the general welfare of the Ctty of Tusttn. These guidelines are in accordance wtth the South Central and Town Center Redevelopment Plans. Should a development plan for a project within the Planned Commercial district fat1 to meet any of the aforementioned guidelines, this shall provtde a basis for Planntng Commission dental of the Use Permit required f~r approval of the development plan. PASSED AND ADOPTED at a regular meeting of the Tusttn Planning Commission, held on the day of , 198 Charles E. Puckett, Chatrman Penn1 Foley, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 DRAFT RESOLUTION NO. 2412 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING REZONING OF PROPERTIES GENERALLY LOCATED EAST OF NEWPORT AVENUE BETWEEN MAIN STREET AND SAN JUAN FROM (CC) COMMERCIAL GENERAL AND CG-PUD COMMERCIAL GENERAL-PLANNED UNIT DEVELOPMENT TO (PC-C) PLANNED COMMUNITY COMMERCIAL The Planning Commission of the City of Tusttn does hereby resolve as follows: I.' The Planning Commission finds and determines as follows: Re City Counctl requested initiation of a City of Tustin Zone Change from CG and CG-PUO to PC-Commercial for all properties in the project area as shown on Exhibit A attached hereto and incorporated herein by reference. That a public hearing duly called, noticed and held on said app11 carton. C. That a zone change should be granted for the following reasons: 1. The commercial land use designation is in conformance with the Tusttn Area General Plan. The intent of the PC-C zone is to allow diversification of development while maintaining conttnunity in architecture and compatibility of land use. Also the intent of the zone is to provide consolidation of parcels in an effort to discourage incremental development and to encourage reduction of vehicular access points onto Newport Avenue. 3. Individual project continuntty and compatibility within the PC-C district will be insured by requiring Conditional Use Permits prior to development. : 4. Certain lots within the area have limited accessibility which precludes quality development compatible with a major arterial roadway. Incremental development of the parcels and absence of a comprehensive development plan is injurious to the public health, safety and welfare based upon findings in Sections I.e. 1, 2, 3 and 4 of this resolution. 1 2 4 6 ? $ 9 · 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Draft Resolution No. 2412 page two II. The Planntng Commission hereby recommends to the City Council approval of Zone Change No. 87-1 from (C$) Commercial General and (CG-PUO) Commercial Seneral-Planned Unit Development to Planned Community Commercial (PC-C) for the properties in the project area shown on Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tusttn Planning Commission, held on the day of , 198 Charles E. Puckett, Chairman Penni Foley, Recording Secretary EXHIBIT 'A' (RESOLUTIONNQ. 2412) .RE-ZONING NO. 87-1, ALL PARCELS FROM CG AND CC-PUD TO PLANNED COMMUNITY COMMERCIAL (PC-C) ':1 NORTI! SCALE: 1"=200 ' 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DRAFT RESOLUTION NO. 2413 : A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE LAND USE ELEMENT'OF THE GENERAL PLAN FOR PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF 'B' STREET SOUTH OF THE I-5 FREEWAY FROM (M-F) MULTI-FAMILY AND (C) COMMERCIAL TO (PCC) PLANNED COMMUNITY COMMERCIAL. The Planning Commission of the City of Tusttn does hereby resolve as follows: The Planning Commission finds and determines as follows: Section 65356.1 of the Government Code of the State of California provides that when it is deemed to be in the public interest, the legislative body may amend a part of the General Plan. II. That in accordance with Section 65356 of the Government Code of the State of California, a public hearing was duly called, noticed and held on the application of the City of Tusttn to reclassify the land use of properties shown on Exhibit A attached hereto an incorporated herein by reference. That a Negative Declaration has been prepared in accordance with the requirements of the California Environmental Quality Act and is hereby recommended fo~ adoption. That a change in classification would be in the public interest and not detrimental to the welfare of the public or the surrounding property owners in that this amendment will permit implementation of a zone designation that will promote comprehensive and compatible development in the area by requiring an approved development plan prior to issuance of new construction permits. The Planning Commission hereby recommends to the City Council that General Plan Amendment 87-1 be adopted, amending the Land Use Element for the area as shown in Exhibit A attached hereto from iMF) Multi-Family and (C) Commercial to (PCC) Planned Community Commercial. PASSED AND ADOPTED at a regular meeting of the Tusttn Planning Commission, held on the day of , 198 Charles E. Puckett, Chairman Penni Foley, Recording Secretary EXHIBIT 'A' (RESOLUTION NO. 24!3) RE-DESIGNATION OF GENERAL PLAN MAP LAND USE DESIGNATION FROM MULTI-FAMILY (MF) AND COMMERCIAL (C) TO PLANNED COMMUNITY COMMERCIAL (PC-C) AREA AFFECTED BY LAND USE DESIGNATION CHANGE. NOR'~I SCALE ~ 1/16"-i0' 1 6 7 8 9 10 11 12 13 14 15 16 17 !8 19 20 21 22 23 24 25 26 27 28 DRAFT RESOLUTION N0..2414 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING REZONING OF PROPERTIES GENERALLY LOCATED WEST OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY ANO MITCHELL AVENUE FROM MULTIPLE FAMILY RESIDENTIAL (R-3) AND RETAIL COMMERCIAL (C-1) TO PLANNED COMMUNITY COMMERCIAL (PC-C) The Planning Commission of the City of Tusttn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ae The City Council requested initiation of a zone change from Retail Commercial (C-l) and Multiple Family Residential (R-3) to Planned Community Commercial (PC-C) for all properties located in the project area shown on Exhibit A attached hereto and incorporated herein by reference. B. That a public hearing was duly called, noticed and held on said application. C. That a zone change should be granted for the following reasons: A General Plan Amendment (No. 87-1) has been processed concurrently with this zone change to redestgnate properties shown on Exhibit "A" from M~ltt-Famtly (MF) and Commercial (C) to Planned Community Commercial (PCC) on the General Plan Land Use Map. As required by State Law, General Plan and Zone designation must be consistent with each other. The Zone change approved by this resolution maintains general plan to zoning conststancy. e The intent of the PC-C zone is to allow diversification of development while maintaining conttnunity in architecture and compatibility of land use. Also the intent of the zone is to provide consolidation of parcels in 'an effort to discourage incremental development and to encourage reduction of vehicular access points onto Newport Avenue. e Individual project conttnunity and compatibility within the PC-C district will be insured by requiring Conditional Use Permits prior to development. 1 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. 2414 Page two II. Certain lots within the area have limited accessibility which precludes quality development compatible with a major arterial roadway. Incremental development of the parcels and absence of a comprehensive development .plan is injurious to the public health, safety and welfare based upon findings in I:C. 1, 2, 3 and 4 of this resolution. A Negative Declaration has been filed in conformance with the California Environmental Quality Act. The Planning Commission hereby recommends to the City Council approval of Zone Change No. 87-2 from Multiple Family Residential (R-3). and Retail Co,,,,ercial (C-1) to Planned Community Commercial (PC-C) for the property in the projected area shown on Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tusttn Planning Commission. held on the day of . lg8 Charles E. Puckett, Chairman Penni Foley, Recording Secretary EXHIBIT 'A' (RESOLUTION NO. 2414) RE-ZONE NO. 87-2 FROM C-1 AND R-3 TO PLANNED COMMUNITY C~RCIAL (PC-C) NORTH 8~AI.E: 1/16"y10' Planning. Commission DAT[: ,1UNE 22, 1987 S~,1£C1': REPORT ON COUNCZL ACTTONS - ,]uae 15, 1987 Oral presentation. per Attachments: City Council Action Agenda - June 15, 1987 Corn munity Development Department ACTION AGENDA OF A REGULAR I~ETING OF THE TOSTIN CITY COUNCIL JUNE 15, 1987 7:00 P.M. 7 :.02 I. ALL PRESENT II. III. TO BE PRESENTED AT A LATER DATE PRESENTED TO i, gmY 2. CHANDLER AND OTHER PARENTS PRESENTED TO TON AND 3. CALL TO ORDER ROLL CALL PROCLAMATIONS 1. BLENDLE SCOTT - RETIRED MAINTENANCE WORKER - 14 YEARS' SERVICE llJSTIN HIGH SCHOOL GRAD NIGHT PARTY FOOTHILL HIGH SCHOOL GRAD NIGHT PARTY LINDA RJFDEHBERG AND OTHER PARENTS RECESSED AT 7:20 P.#. TO A CLOSED SESSION RE6ARDING M~NDING LITIGATION RECONVENEB AT 7:41 IV. PUBLIC HEARING CONTINUED TO &ULY 6, 1. 1987, AT 7:00 P.M. STAFF WITH 'nE COMSULTANT TO REVISE THE REPORT AND ~ INCLUDE S01~ OF THE x...dE IN TERMS OF .~I00LD PAY FOR TH£ STREET LIGHTS JIM PLASEiT V. SAID THE COLUI~US TUSTIN LANDSCAPE & LIGHTING DISTRICT The Irvine Company has requested postponement of annexation to subject district of parcels north of Irvine Boulevard until after July 1, 1988. Deletion of 16 parcels necessitates revision of the Engineer's Report, which will be completed for the July 6 meeting. Recommendation: That the City Council: 1) Open the public hearing and accept testimony of property owners and citizens wishing to speak; 2) Continue the hearing to July 6, 1987, at 7:00 p.m.; and 3) Direct staff, with BSI Consultants, to revise the Engineer's Report based on withdrawal from annexation to the district of The Irvine Company lands north of 1trine Boulevard. PUBLIC INPUT (At this time members of the public may address the City Council regard- TUSTIN PARK CAN BECOIE ing any items within the subject matter jurisdiction of the City Council A REAL NUISANCE TO THE provided that NO action may be taken on off-agenda items unless autho- PEDDLE WHO LIVE IN THE rized by law.) MEIGHBORIJO00. HE ASIU~D THAT THE CITY TAKE S0gE ACTION OF POSSIBLY BLOCKING THE PARKING LOTS AFTER CLOSING HOURS OF THE BASEBALL FIELD AND GIVE THE R~$IDENTS RELIEF FROM' CARS DRAG RACING THROUGH THE PARKING LOTS AT ALL HOURS OF THE EVENING, PARTICULARLY ON k~EK-ENDS. STAFF TO LOOK INTO THIS. VI. CONSENT CALENDAR ~Ap-P. ROVED WITH ONE 1. APPROVAL OF MINUTES - MAY 26, 1987, ADJOURNED REGULAR MEETING ECTION ON MAY 26TH NEETING THAT JAY JUNE l, 1987, REGULAR MEETING ~ RSON SPOKE IN FAVOR OF THE ANNEXATION JUNE 4, 1987, SPECIAL MEETING AI-r~0VED, STAFF TO 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $752,403.01 CREC~ ON DAVIO'S BILL RATIFICATION OF PAYROLL IN THE AMOUNT OF $158,046.84 BEING LISTEI) UI~R ARNEXATIORS CITY COUNCIL ACTION AGENDA Page 1 6-15-87  D TO 6-22 3. NE]) I~GULA~ HEETING APPROVED STAFF 4. RECO~ROATION APPROVED STAFF RECO~NDATION APPROVED STAFF 6. RECO~ROATION APPROVED STAFF RECOI~ROATION e I ~]) Rr~OLI~ION 8. Nb. 87-66 ADOP1TD R[.~X.UIIOII 9. NO. 87~7 APPROVED STAFF 10o RECON~[ROATION APPROVED STAFF 11. RECOI~I~ATION RESOLUTION NO. 87-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL TRACT MAP 12763 (Sectors 10 & 11, East · Tustln Specific Plan) Adopt Resolution No. 87-64 as recon~nended by the Conmn~nity Development Department. CITY OF TUSTIN INVESTMENT POLICY Receive and file the Statement of Investment Policy as drafted by the Director of Finance attached to the inter-com dated June 9, 1987. PURCHASE OF NEW CHIPPER TRUCK FOR TREE DIVISION Authorize the purchase of a chipper truck for the Tree Division in the amount of $32,799.96 from Jim Click Ford as recommended by the Public Works Department/Field Services. Division. PURCHASE OF A ONE-TON TRUCK FOR WATER DEPARTMENT Authorize the purchase of a one-ton truck with utility bed for the Water Department from Sunset Ford in the amount of $16,672.94 as recommended by the Public Works Department/Field Services Division. PURCHA.SE OF DODGE DAKOTA PICKUP TRUCK FOR PARKS DIVISION Authorize purchase of a Dodge Dakota Pickup Truck for the Parks Department in the amount of $11,289 from Dodge Central as recom- mended by the Public Works Department/Field Services Division. RESOLUTION NO. 87-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLA2(S ARD SPECIFICATIONS FOR WATER MAIN REPLACEMENTS AND AUTHORIZING ADVERTISEMENT FOR BIDS (SECOND ST., THIRD ST., WASS ST., ELIT. RBETH WAY, AND IRVINE.BLVD.) Adopt Resolut.ion No. 87-66 as recommended by the Public Works Department/Engineering Division. RESOLUTION NO.' 87-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ASSESSMENT DISTRICT 85-1 IMPROVEMENTS ON TUSTIN RANCH ROAD AND MYFORD ROAD AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopt Resolution No. 87-67 as recommended by the Public Works Department/Engineering Division. EXTENSION OF CONTRACT Will4 MISSION UNIFORM Approve a one-year contract extension with Mtsslon Uniform to expire April 29, 1990, for maintenance and water crew uniforms as reconmmnded by the Public Works Department/Field Services Division. CITY OF llJSTIN LIGHTING DISTRICT Authorize the Mayor and City Clerk to execute contracts with the Southern California Edison Company as follows: Street Lighting Service Utility-Owned System Schedule No. LB-l; and Street Lighting Service Customer-Owned System Schedule No.'s LB-2, LS-3 and Optional Schedule No. LB-4 as recommended by. the Public Works Department/Engineering Division. CITY COUNCIL ACTION AGENDA Page 2 6-15-87 APPROVED STAFF RECOMIEROATZON VII. 12. RESOLUTION NO. 87-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATION FOR EXTE- RIOR PAINTING AT THE CITY OF TUSTIN MAINTENANCE YARD Adopt Resolution No. 87-69 as recommended by the Public Works Department/Field Services Division. 13. AUTHORI7J~TION TO CONTINUE OPERATION FOR FISCAL YEAR 1987-88 Approve Minute Order to authorize the City Manager to continue fiscal operations for 1987-88 at an appropriation level not to exceed that of 1986-87 until such time as the budget process can be completed as recommended by the Finance Department. ORDINANCES FOR INTRODUCTION - None. VIII. ORDINANCES FOR ADOPTION - None. IX. OLD BUSINESS CONTINUED TO 6-22 1. ADdOURNED REGULAR PEETING ANNEXATION NO. 139 - EVENINGSIDE/RAINBOW ANNEXATION The City Attorney's Office will report on certification of the value of wrt~tten protests. CONTINUED TO 6-22 2. AD,]OURNI:'n REGULAR ~ETINU X. NEW ANNEXATION HO. 140 - LA COLINA/BROWNING ANNEXATION The City Attorney's Office will report on certification of the value of written protests. BUSINESS ~P~V~ STAFF RE~IM~ROMION 1. AWARD OF CONTRACT - MANUFACTURE & DELIVERY OF REINFORCED CONCRETE PIPE FOR TUSTIN RJkNCH PROJECT, ASSESSMENT DISTRICT'NO. 85-1 Bid opening for subject project was held On June 2, 1987. The low bid is 7.8% over the engineer's estimate of $652,761.00. APPROVED STAFF RECOI~[ROATION AND ADOPTED RESOLUTION RO. 87-60 Recommendation: Award the contract to Hydro Conduit Corporation, Corona, in the amount of $703,435.25 for subject project as recom- mended by the Public Works Department/Engineering Division. AWARD OF CONTRACT - RECONSTRUCTION OF MAIN STREET FROM "C" STREET TO PACIFIC STREET {OCUTT PROJECT PHASES I AND 1I) Bid opening*for subject project was held on June ~, 1987. The low bids is 28% below the engineer's estimate of $374,g70.00. Recommendation: That the City Council: 1) 2) Award the contract to Sully Miller Contracting Company, Orange, in the amount of $268,368.24 for subject project; and Adopt the following: RESOLUTION NO. 87-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN REQUESTING THE ORANGE COUNTY TRANSPORTATION COM- MISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR MAIN STREET BETWEEN "C" STREET AND PACIFIC STREET CITY COUNCIL ACTION AGENDA Page 3 6-16-87 ,* 'ED ~SOLUTION I~ J7-65 LEGISLATIVE PROGRAM - FOOTHILL AND EASTERN TRANSPORTATION' CORRIDOR AGENCY - RESOLUTION NO. 87-65 Mayor Edgar-requested Council supPort the Transportation Corridor AgencY legtslattve program. RESOLUTION NO. 87-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING 1987 LEGISLATIVE PROGRAM OF THE FOOTHILL AND EASTERN TRANSPORTATION JOINT POWERS AGENCY Recommendation: Pleasure of the City Council. XI. REPORTS RATIFIED 1. PLANNING COMMISSION ACTION AGENDA - JUNE 8, 1987 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Rec~,,,~ndation= Ratify the Planning Commission Action Agenda of June 8, 1987. RECEIVED ~ FILED 2. INVESTMENT SCHEDULE AS OF MAY 31, 1987 Recmmendatton: Recetve and file. REQUESTED XlI. OTHER BUSINESS ~OSEi) <a=SSION REGAROING PENOING LITIGATION NELLY REPORTED THAT RESIDENTS MIO LIVE IN THE TREEMAVEN CONDOMINIUMS BEHIND C0C0'S ON 17TH STREET COMPLAINED THAT NTER THE SLURRY SEAL COAT, THEY LOST THEIR IMRKED CROSSWALK THAT GOES FROM Ilk?O'S TO CONffrlIUTIO8 SAVINGS ON 17111 STREET, All) THEY APE CONCERNED ABOUT GEl'rING THAT BAC[. KENNEDY REPORTED THAT THE COUNCIL IS COFg4ITTED TO RFJ4OVlNG GIUU:ITrI. THE CITY IgUIAGER SAID THAT ~ IgWE RI (]ffrSIOE (~)NT1U~'TOR TAKIMG CARE OF 'ITU~T. STAFF TO COOPJ)INATE A WORKSHOP wrrH 'hie PLAMIIIM6 COMMISSION TO DISCUSS COUNCIL'S DIRECTION ON CERTAIN I~TTERS. F.~ CLARIFIED 0ESIGNKTIONS REGAROING LA COLINK DRIVE. COUNCIL MOVED THAT STAFF INITIATE IJIATEVER gE CNI LEGALLY DO TO ASK THE COUNTY TO OIANGE THE DESIGNATION OF LA COLINK FROM NEWPORT TO BROWNING FROM ITS ARTERIAL PLAN SO THAT IT C/UI BE CI4ANGED RU)M :,FOUR LANES TO THO LANES. J'rAFF TO AEIDIZE N~OIIITEIIT OF JIM HRYES TO THE AZRPORT COMMITTEE FOR THE NEXT I~ETING ON JUNE 221ll. EDO~ REPORTED THAT HIS NEIGHBORS /IRE SAYING THEIR TREES HAVE NOT BEEN TRII~g~-D. lr~' XIII. ADJOURNMENT Recessed to a Closed Session regarding possible litigation according to Government Code Section $4g$6.g, and thence to an Adjourned Regular Meeting on Monday, June 22, 1987, at 6:30 p.m., and thence to the next regular meeting on Monday, July 6, 1987, at 7:00 p.m. CITY COUNCIL ACTION AGENDA Page 4 6-I5-87 8:33 1. ALL PRESENT 2. APPROVED 3. APPROV~ ACTION A6ENDA OF A REGULAR t~ET[IIG OF 'IllE TUST[N REDEVELOPI~NT ~tlENCY JUNE 15, 1987 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - JUNE 1, 1987, REGULAR MEETING Recommendation: Approve. APPROVAL OF DEMANDS - MAY, 1987 Recommendation: Approve Demands in the amount of $554,918.73 for the month of May, 1987, as recon~nended by the Finance Department. ADOPTED- 5. POLICE DEPARTMENT COMMUNICATIONS CENTER - RESOLUTION NO. RDA 87-4 RESOLUTXOll NO. ROA 87-4 The project was approved during Fiscal Year 1985-86 and subsequently carried over to 1986-87. This is a housekeeping item to allow expenditure of Agency funds during current fiscal year. APPROVED STAFF RECOI~ENOATIOll AND ADOPTED. RESOLUTION RD. ROA 87-5 RESOLUTION NO. RDA 87-4 - A RESOLUTION OF THE TUSTIN REDEVELOPMENT AGENCY APPROVING THE CONSTRUCTION OF THE POLICE COMMUNICATION CENTER AND DETERMINING ll'U&T THE PROJECT IS A BENEFIT TO THE TOWN CENTER PROJECT AREA AND THERE ARE NOT OTHER REASONABLE MEANS OF FINANCING THE PROJECT Recommendation: Adopt Resolution No. RDA 87-4 as recommended by the Finance Department. MC CALLA PROPERTY STATUS REPORT Clearance of the Columbus Tusttn Parksite at 14652 Prospect Avenue, formerly occupied by James and Ida McCalla, to eliminate any hazards. Recommendation: That the Agency: 1) Authorize staff to waive formal bid requirements due to emergency nature of the work, specifically health hazards and potential lia- bility; and 2) Appropriate necessary Redevelopment Agency funds for the site demo- lition and clearing {approximately $10,000 to $15,000). 3) Adopt Resolution No. RDA 87-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY DEMANDS IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE AND HEALTH (14652 PROSPECT AVE.) 7. OTHER BUSINESS 8. ADJOURNMENT To the next Regular Meeting on July 6, 1987, at 7:00 p.m. REDEVELOPMENT AGENCY ACTION AGENDA Page 1 6-15-87 DATE: Inter- Corn TO: FROM: SUBJECT: PLANNING COI~ISSION , COHHUNITY DEYELOPHENT DEPARTHENT PLANNING COI~ISSION RE-ORGANIZATION RECOII~ENDATION: Receive and file. $1JIg4ARY: As a matter, of standard procedure, the Planning Commission re-organizes once a year by appointing a new Chairperson and Chairperson Pro-rem. This usually occurs at the first Planning Commission.meeting of the new fiscal year. This report is a reminder to the Commission that the agenda for the next Commission meeting will include time for re-organization and appointment of the new Chatrpersqn and Chairperson Pro-rem. L~UFa Cay Assocta'te Planner LCP:pef r sttne Shtngleton~~ Director of Community Development