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HomeMy WebLinkAboutC.C. RES 03-075RESOLUTION NO. 03-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ANNEXATION NO. 158 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That Annexation No. 158 is considered a "project" pursuant to the terms of the California Environmental Quality Act; A draft Initial Study and Negative Declaration has been prepared for this project and distributed for public review. The draft Initial Study/Negative Declaration evaluated the implications of Annexation No. 158; and, II. The City Council of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject draft Initial Study/Negative Declaration. A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. The City Council received and considered the information contained in the Negative Declaration prior to recommending approval of proposed Annexation No. 158 and found that it adequately discusses the environmental effects of the proposed annexation. On the basis of the Initial Study and comments received during the public hearing process, the City Council finds that there will be no significant effect on the environment as a result of Annexation No. 158. In addition, the City Council finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code. The City Council hereby adopts the Final Negative Declaration for Annexation No. 158. PASSED AND ADOPTED at a regular meeting of thc Tustm City Council, held/on the 2 Mayor PAMELA STOKER City Clerk Resolution No. 03-75 Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 03-75 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 03-75 duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of June, 2003. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS NONE NONE NONE P~I~ ELA--STOKE'R - - City Clerk ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS Annexation 1 S8 (Annexation of LorettalBonnerlMedfordlGrovesite County Island) BACKGROUND Effective January 1, 2001, Assembly Bill (AB) 1555 provided streamlined annexation process for small unincorporated county islands located within the City's boundaries. Annexation 158 would annex properties located at 17521, 17531, 17541, 17551, 17561, 17571, 17581,17522, 17532, 17542, 17552, 17562, and 17572 Bonner Drive; 13791, 13801, 13815, 13831, 13841, 13762, 13772, 13782, 13792, 13802, 13816, 13832, and 13842 Loretta Drive; 17592, 17602, 17612, 17626, 17642, 17652, and 17662 Medford Avenue; and 13771, 13781, 13791, 13801, 13815, 13831, 13841, 13772, 13782, 13792, 13802, 13816, 13832, 13842, and 13852 Grovesite Drive (Exhibit "A") from the Orange County unincorporated area into the City of Tustin. On January 6, 2003, the City Council approved Prezone 02-001 to prezone the affected properties from the Orange County "Single Family Residential" zoning district to the City of Tustin "Single Family Residential (R-l)" zoning district. The City of Tustin R-1 zoning _district provides for the development of Iow density single family homes and accessory buildings. Uses such as second single family homes on large lots, guest rooms, public institutional facilities, churches, schools, large family daycare homes that are determined to be compatible with and oriented toward serving the needs of Iow density detached single family neighborhoods are permitted through the use permit process. The City Council intends to submit an application to and request the Local Agency Formation Commission of Orange County (LAFCO) to initiate proceedings to annex the identified properties from the unincorporated area of Orange County to the City of Tustin and to proceed with the property tax transfer agreement to complete the annexation, if the annexation is approved by LAFCO, the pre-zoning classification would become the official zoning for these properties. There would be no physical improvement or changes in the environment as a result of the Annexation 158. No changes to the existing infrastructure and utilities are proposed. Impacts of potential future projects such as additions, alterations, and/or modifications to the existing single family homes would be evaluated in conjunction with each future project. 1. AESTHETICS Items a throuqh d -"No Impact": The proposed annexation would annex properties within the Loretta/BonnerlMedford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with Annexation 158. As such, the proposed annexation will Annexation 158 ~ Initial Study Attachment A Page 2 of 9 not have any effects on aesthetics in the area such as scenic vistas or scenic resources, including, but not limited to, trees, rocks outcropping, and historic buildings within a state scenic highway. The proposed annexation will not degrade the existing visual character or quality of the plan area or its surroundings. The proposed annexation will not create new sources of substantial light or glare that would affect day or nighttime views in the area. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin Zoning Code Tustin General Plan Miti,qation/Monitoring Required: None Required AGRICULTURAL RESOURCES Items a through c - "No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. The proposed annexation will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use, or a Williamson Act contract. The annexation will not result in conversion of farmland to a non-agricultural use. Impact~ related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to agricultural resources are anticipated. Sources: Tustin General Plan Miti,qat on/Monitoring Required: None Required AIR QUALITY Items a throuqh e -"No Impact. The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. As such, the annexation will not conflict with or obstruct implementation of any applicable air quality plan, violate any air quality standard, result in a cumulatively considerable increase of any criteria pollutant as applicable by federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. Impacts related to any future project would be evaluated when a specific project is proposed; however, no foreseeable impacts related to air quality are anticipated. Annexation 158 - Initial Study Attachment A Page 3 of 9 SourCes: South Coast Air Quality Management District Rules and Regulations Tustin General Plan Mitigation/Monitoring Required: None Required BIOLOGICAL RESOURCES Items a throuqh f- "No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies, or regulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service would occur as a result of this annexation. The annexation would not have substantial adverse effect on any riparian habitat, sensitive natural community identified in the local or regional plan, federally protected wetlands, or interfere with the movement of any native resident or migratory fish or wildlife species, nor would the annexation conflict with any local policies or ordinances protecting biological resoumes and the provisions of an adopted habitat conservation plan. Impacts related to any future project would be evaluated when-a specific project is proposed; however, no foreseeable impacts related to biological resources are anticipated. Sources: Tustin General Plan Mitigation/Monitorinq Required: None Required CULTURAL RESOURCES Items a throu.qh d -"No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. As such, the annexation will not adversely affect any historical resources or archaeological resources or destroy or disturb a unique paleontological resource, human remains or geological feature. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to cultural resources are anticipated. Sources: Cultural Resources District Tustin Zoning Code General Plan Miti,qation/Monitorin.q Required: None Required Annexation 158 - Initial Study Attachment A Page 4 of 9 GEOLOGY AND SOILS Items a (I), a (ii), a (iii), a (iv), b, c, d and e -"No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. As such, the proposed annexation will not expose people to potential adverse geologic impacts, including the risk of loss, injury, or death involving the rupture of a known earthquake fault, strong seismic ground shaking, landslides, soil erosion, or loss of top soil, nor is the project on unstable or expansive soil. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to geology and soils are anticipated. Sources: Tustin General Plan Miti,qat on/Monitorinq Required: None Required HAZARD AND HAZARDOUS MATERIAL.~ Items a throuqh h -"No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. As such, the proposed annexation will not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, wildland fires, etc.), nor is the project area located within an airport land use plan or vicinity of a private airstrip. Impacts related to future project would be evaluated when a specific project is proposed; however, no foreseeable impacts related to hazard and hazardous materials are anticipated. Sources: Orange County Fire Authority Orange County Health Agency Tustin General Plan Mitigation/Monitoring Required: None Required HYDROLOGY AND WATER QUALITY Items a throuqh i -"No Impact": The proposed annexation would annex proper[les within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. The annexation would not violate any water quality standards or waste water Annexation 158 - Initial Study · Attachment .4 Page 5 of 9 discharge requirements, substantially deplete or alter groundwater supplies, drainage pattern, including alteration of the course of stream or river, nor would the annexation create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems. The annexation would not degrade water quality, place housing within a 100-year flood hazard area, or impede or redirect flood flows. The annexation would not expose people or structures to a significant risk of loss, injury, or death involving flooding as a result of the failure of a levee or dam, nor would the annexation be inundated by seiche, tsunami, or mudflow. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to hydrology and water quality are anticipated. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required LAND USE AND PLANNING Items a through c- "No Impact": The proposed annexation would annex properties within the LorettalBonnedMedfordlGrovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. The affected properties are currently improved with single family residences and designated as Low Density Residential by the City's General Plan. Upon LAFCO approval of the annexation, the prezoning classification would become the official zoning of the affected properties. The existing County and the City development standards are similar, and the prezoning classification would not negatively impact the existing and/or future improvements. In addition, the prezoning of the Single Family Residential (R-l) zoning district is consistent with the existing single family residential uses on the properties and the City's General Plan land use designation of Low Density Residential. The affected properties are currently surrounded by properties located within the City's incorporated boundaries. The proposed annexation will not physically divide an established community but rather unite the community by conveying a sense of community through equal development standards, public services, and government for the entire neighborhood. The proposed annexation will not conflict with any environmental programs or applicable habitat conservation plans. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to land use and planning are anticipated. Annexation 158 - Initial Study Attachment A Page 6 Sources: Tustin General Plan Tustin Zoning Code Mit gat on/Monitoring Required: None Required 10. MINERAL RESOURCES 11. Items a and b -"No Impact The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. The proposed annexation will not result in loss of a known mineral resource or availability of a locally important mineral resource recovery site delineated on the General Plan or other applicable land use maps. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to mineral resources are anticipated. Sources: Tustin General Plan ,Miti.qat on/Mort tor n,q Required: None Required NOISE Items a throuqh f-"No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in. conjunction with the annexation. As such, the'proposed annexation will not expose persons to noise levels in excess of standards established in the General Plan, noise ordinance, or excessive ground vibrations, nor will it create a temporary or permanent increase in the existing ambient noise levels. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to noise are anticipated. Sources: Tustin City Code Tustin General Plan Mitigation/Monitoring Required: None Required 12. POPULATION AND HOUSING Items a, b, and c- "No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. Annexation 158 - Initial Study Attachment A Page 7 of 9 Upon annexation, the affected properties would be incorporated into the City of Tustin and be made part of the City's housing stock. However, the addition of 48 existing single family homes to the City's housing stock would not induce substantial population growth in the area nor would it displace substantial numbers of people or housing, necessitating the construction or replacement of housing elsewhere. No foreseeable .impacts related to population and housing are anticipated. Soumes: Tustin General Plan Miti,qation/Monitorinq Required: None Required 13. PUBLIC SERVICES Item a -" No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin, Upon the Local Agency Formation Commission of Orange County (LAFCO) approval of Annexation 158, the affected properties would be incorporated into the City of Tustin. LAFCO has provided the City with a Fiscal Feasibility Report (Exhibit B) regarding any consequences resulting from the annexation of the Loretta/Bonner/Medford/Grovesite county island; The report provides analysis for City services upon annexation and includes estimated revenues and expenditures. The report concludes that the City would need to capture services such as street maintenance, police service, fire service, water service, etc. for the affected properties; however, the additional services will not create demand for an alteration of or addition to government facilities or services (fire and police protection, parks, etc.). Currently the affected properties are under the Tustin Unified School District boundaries. No changes to the school district boundaries are being proposed. As such, no impact to public services is anticipated. Sources: Tustin General Plan Miti,qation/Monitorinq Required: None Required 14. RECREATION Items a and b - "No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. The proper[les are currently improved with single family residences. Upon annexation, the affected properties would be part of the City of Tustin. Although the addition of these properties to the City would increase the housing stock, no substantial population Annexation 158 - Initial Study ~lttachment A Page 8 of 9 increase is anticipated. As such, the annexation would not increase demand for neighborhood parks or recreational facilities. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to recreation are anticipated. Sources: Tustin General Plan Mitigation/Monitorinq Required: None Required 15. TRANSPORTATION/TRAFFIC Items a through g -"No Impact": The proposed annexation would annex properties within the Loretta/BonnedMedford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. As such, no alteration in the traffic generation and circulation patterns within the project area would be affected by the proposed annexation. The existing single family homes are developed with two-car garages. Upon annexation to the City of Tustin, the parking capacity would be in compliance with the City's zoning standard related to single family homes. In addition, the City's Public Works Department indicates tha~ the existing roads are in compliance with the City's circulation and right-of-way standards. Therefore, no impacts to the parking capacity of the traffic level of services are anticipated. The proposed annexation would not result in changes to air traffic patterns, emergency access, or conflict with adopted policies, plans, or programs supporting alternative transportation. Impacts related to any future project would be identified and evaluated in conjunction with a specific project; however, no foreseeable impacts related to transportation/traffic are anticipated. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 16. UTILITIES AND SERVICE SYSTEMS Items a throuqh .q - "No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. The affected properties' utilities and water services would be served by the same providers upon annexation. No changes to the utility and water services are anticipated. Since no additional units are proposed in conjunction with Annexation Annexation 158 - Initial Study Attachment A Page 9 of 9 158, no additional demand for utility and water services are anticipated. The annexation of the affected properties into the City of Tustin will have no impacts to water treatment, water supply, wastewater treatment, and solid waste disposal. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. 'Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a through c - "No Impact": The proposed annexation would annex properties within the Loretta/Bonner/Medford/Grovesite county island from the Orange County unincorporated area into the City of Tustin. No physical improvements are currently proposed in conjunction with the annexation. Impacts of potential future projects would be evaluated in conjunction with each future project. As such, the annexation does not have the potential to degrade the quality of the environment, achieve short-term environmental goals to the disadvantage of long-term goals, nor produce significant negative indirect or direct effects on humans. S:\Cdd~JUSTINA\current planning~EnvironmentalV~nexation attachment A.doc COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial ~Vay, Tustin, CA 92780 (7~,0 S7~-~O0 NEGATIVE DECLARATION Project Title: Annexation 158 (Loretta/Bonner/Medford/Grovesite Annexation) Project Location: 17521, 17531, 17541, 17551, 17561, 17571, 17581,17522, 17532, 17542, 17552, 17562, and 17572 Bonner Drive; 13791, 13801, 13815, 13831, 13841, 13762, 13772, 13782, 13792, 13802, 13816, 13832, and 13842 Loretta Drive; 17592, 17602, 17612, 17626, 17642, 17652, and 17662 Medford Avenue; and 13771, 13781, 13791, 13801, 13815, 13831, 13841, 13772, 13782, 13792, 13802, 13816, 13832, 13842, and 13852 Grovesite, City of Tustin, County of Orange. Project Description: Annexation of Loretta/Bonner/Medford/Grovesite properties from Orange County unincorporated area into the City of Tustin. Project Proponent: City of Tustin, 300 Centennial Way, Tustin, CA 92780 Lead Agency Contact Person: Justina Willkom Telephone: (714) 573-3174 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: [] That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins on May 8, 2003 and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON IVlAY 2772003 Date: May 8, 2003 Elizabeth A. Binsack Community Development Director