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HomeMy WebLinkAboutPC RES 3888RESOLUTION NO. 3888 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR DESIGN REVIEW 03-014, CONDITIONAL USE PERMIT 03-013, AND TENTATIVE PARCEL MAP 2003-169 FOR THE DEVELOPMENT OF A 57,161 SQUARE FOOT CONDOMINIUM OFFICE COMPLEX AT 15151 WOODLAWN AVENUE, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ao That Design Review 03-014, Conditional Use Permit 03-013, Tentative Parcel Map 2003-169 are considered a "project" pursuant to the terms of the California Environmental Quality Act. An Initial Study and Negative Declaration has been prepared for this project and distributed for public review. The Initial Study/Negative Declaration evaluated the implications of the proposed project. The Planning Commission of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject Negative Declaration. The Planning Commission has evaluated the proposed Final Negative Declaration and determined that, with incorporation of the mitigation measures as conditions of approval, the project would not have a significant effect on the environment. I1. A Final Negative Declaration, attached hereto as Exhibit A (attached Negative Declaration), has been completed in compliance with CEQA and State guidelines. The Planning Commission has received and considered the information contained in the Negative Declaration prior to approving Design Review 03-014, Conditional Use Permit 03-013, Tentative Parcel Map 2003-169 and found that it adequately discusses the environmental effects of the proposed project. On the basis of the initial study and comments received during the public hearing process, the Planning Commission finds that there will not be a significant effect as a result of the project. Resolution No. 3888 Page 2 In addition, the Planning Commission 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 Games Code. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2003. ,J~da Jenning~/,// (~ ~ Chairperson ~,/ Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3888 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of August, 2003. ELIZABETH A. ~NSACK Planning Commission Secretary COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (7]4) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Conditional Use Permit 03-013, Design Review 03-014, and Tentative Parcel Map 2003-169 Lead Agency: City of Tustin 300 Centennial Way Tustin, Califomia 92780 Lead Agency Contact Person: Justina Willkom Phone: (714) 573-3174 Project Location: 15151 Woodlawn Avenue, Tustin, Orange County, California Project Sponsor's Name and Address: Werdin Corporation, 4100 Mac Arthur Blvd. Suite 310, Newport Beach, CA 92660 General Plan Designation: Planned Community Commercial/Business Zoning Designation: Planned Community District/Pacific Center East Specific Plan Project Description: Amendment to Conditional Use Permit .84-20 by reducing the amount of entitlement from 449,040 square feet to 232,520 square feet; construction of a total of 57,161 square feet of office/warehouse uses in a complex; and subdivision of Lot "A" of Tentative Parcel Map 2003-169 into a condominium subdivision to allow for ownership. Surrounding Uses: North: Office Complex South: Light Industrial East: Office Complex West: Light Industrial Other public agencies whose approval is required: [] Orange County Fire Authority [] [] Orange County Health Care Agency [] [] South Coast Air Quality Management [] District Other City of Irvine City of Santa Ana Orange County EMA ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [] Aesthetics [] Air Quality [] Cultural Resources [-] Hazards & Hazardous Materials ~ Land Use/Planning [~ Noise ~-] Public Services ~] Transportation/Traffic [~ Mandatory Findings of Significance C. DETERMINATION: [] Agriculture Resources [] Biological Resources [] Geology/Soils [] Hydrology/Water Quality [] Mineral Resources [] Population/Housing [] Recreation [] Utilities/Service Systems On the basis of this initial evaluation: [] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that although the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Preparer: Justina Willkom Elizabeth A. Binsack, Community Development Director Title Date Associate Planner July 21, 2003 1) 2) 3) 4) 5) 6) 7) 8) 9) D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"answer should be explained where it is based on project-specific factors and general standards (e.g,, the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character'or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact Less Than Significant With Mitigation Incorporation [] [] Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department offish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department offish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f') Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS:- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ~vould the project result in a safety hazard for people residing or working in the prqiect area'? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or fiver, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or fiver, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) 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? j) Inundation by seiche, tsunami, or mudflow? Less Than Significant Potentially With Significant Mitigation Impact Incorporation Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] k) Potentially impact stormwater runoff from construction activities? [] [] [] [] 1) Potentially impact stormwater runoff from post- construction activities? m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? o) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? p) Create significant increases in erosion of the project site or surrounding areas? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? Potentially Significant Impact Less Than Significant With Mitigation Incorporation [] [] Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII.POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Potentially Significant Impact Less Than Significant With Less Than Mitigation Significant Incorporation Impact [] [] [] No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] XIV. RECREATION- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTAT1ON/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat ora fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 03-013, DESIGN REVIEW 03-014, AND TENTATIVE PARCEL MAP 2003-169 BACKGROUND The proposed project includes an application by Werdin Corporation for the following: 1. Amendment to Conditional Use Permit 84-20 by reducing the amount of entitlement from 449,040 square feet to 232,520 square feet (224,520 square feet plus 8,000 square foot fitness and mechanical building) and potentially amending the conditions of approval for the SBC/Pacific Bell site to accommodate the proposed development; 2. Construction of a total of 57,059 square feet of office complex; and 3. Subdivision of Lot "A" of Tentative Parcel Map 2003-169 into a condominium subdivision to allow for ownership. The project area is a 3.558-acre vacant area at the southwest corner of the SBC/Pacific Bell administrative office complex. The 3.558-acre area is part of a 20-acre parcel also known as a portion of Lot 66 of Block 10 of Irvine's Subdivision and described in Record of Survey 83-1189 located at 1442 Edinger Avenue. The project area is surrounded by the SBC/Pacific Bell office complex to the north and east, light industrial uses to the south, and a railroad right-of-way to the west. The project area is identified as Office Center and is located within Planning Area 8 of the Pacific Center East Specific Plan (PCESP). The PCESP d.istrict regulations allow for the development of corporate, professional, and general offices. The proposed office complex is consistent with the intent of the PCESP. The proposed complex consists of eleven (11) tilt-up buildings that will be owned independently with shared common areas regulated by CC&Rs. This is a tiered initial study that is based on, and incorporates by reference, the environmental analysis included in Environmental Impact Report (EIR) 90-1; which was previously certified on December 17, 1990, and amended on May 5, 2003, for the PCESP. In conformance with the Califomia Environmental Quality Act (CEQA), the purpose of this tiered initial study is to identify and focus the environmental analysis for the project on significantly new environmental impacts that were not previously considered in the Program EIR. All related environmental impacts were considered for the EIR 90-1 and mitigation measures have been identified and approved for the specific plan, which are included as conditions of approval for the project as identified in the Mitigation Monitoring Program Matrix (Attachment 1 of Exhibit A). CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 2 The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. I. AESTHETICS Items c and d - Less Than Siqnificant Impact: The project includes the construction of a new 57,161 square foot office complex on a vacant lot. The site is surrounded by an office complex to the east, light industrial uses to the south, a railroad right-of-way to the west, and Edinger Avenue to the north. Upon completion of the construction of the office complex, the existing visual character of the site and the surrounding area would be altered. However, the visual character would be consistent with the district regulation for the PCESP. Therefore, the impact on the visual character of the site would'be less than significant. The project would also create a new source of light. The project will include parking lot lighting, with shielding as necessary, and building lighting. The lighting would not be substantial and would not affect day or nighttime views in the area. Placement of the new building and landscaping, minimal levels of lighting, correct installation of the lighting, and compliance with the City of Tustin Design Review criteria will reduce potential impacts related to the visual character of the site and area to a level of insignificance. Sources: Submitted Plans Tustin City Code Field Inspection Pacific Center East Specific Plan Mitigation Measures/Monitoring Required: None Required Items a and b - No Impact: The site is currently vacant. The project includes construction of a new 57,161 square foot office complex. The subject property is not located on a scenic vista and would not disturb any trees, rock outcroppings, or historic buildings located on a State scenic highway. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code General Plan CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 3 Field Inspection Pacific Center East Specific Plan II. AGRICULTURAL RESOURCES Items a, b, and c - No Impact: The property is currently vacant and the site was part of the Pacific BelI/SBC office complex. The site is not designated by the zoning or the General Plan for agricultural use. The project would not convert any Prime or Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use, nor would it conflict with existing zoning for agricultural use or a Williamson Act contract. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Field Inspection Submitted Plans Tustin City Code Pacific Center East Specific Plan III. AIR QUALITY Items a, b, c, d, and e - Less Than Significant Impact: The project would temporarily increase the amount of short-term emissions to the area due to grading of the property and construction activities. Since the site is relatively flat, only minor grading would be required. The project is below the thresholds of significance established by Table 6-3 of the Air Quality Management District's CEQA Air Quality Handbook. In accordance with Table 6-3 (Quarterly Threshold for Construction) CEQA Air Quality Handbook, the construction of fewer than 559,000 square feet of office buildings, the grading of fewer than 177.00 acres, and the operation of fewer than 96,221 square feet of offices are not considered to create significant impact. Short-term emissions associated with grading, construction, and operation of the proposed project will be mitigated through compliance with the regulations of the South Coast Air Quality Management District and the City of Tustin Grading Manual, which includes requirements for dust control. As such, the proposed project would not conflict with or obstruct implementation of any applicable air quality plan, result in a cumulatively considerable increase of any criteria pollutant as applicable by Federal or ambient air quality standard, nor would it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 4 affecting a substantial number of people. The potential impacts related to air quality standards would be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: None Required Sources: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Project Application Field Inspection Pacific Center East Specific Plan IV. BIOLOGICAL RESOURCES Items a, b, c, d, e, and f- No Impact: The property is currently vacant. The project site is surrounded by office complex and light industrial uses. The site is not inhabited by any sensitive or special status species of animals. The proposed project would have no impacts on animal populations, diversity of species or migratory patterns. The project would include the planting of new trees and landscape materials, which would be provided in accordance with the Tustin Landscape and Irrigation guidelines. 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 proposed project. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Submitted Plans Tustin City Code Pacific Center East Specific Plan V. CULTURAL RESOURCES Items a, b, c, and d - No Impact: The project would not cause a substantial adverse change in the significance of a historical or archaeological resource pursuant to Section 15064.5 of CEQA since none exist on the project site. The project would also not directly, or indirectly, destroy a unique paleontological resource or site or unique geologic feature, and would not disturb any human remains, including those interred outside of formal cemeteries. CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 5 Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin Zoning Code Tustin City Code Tustin General Plan Tustin Historical Resources Survey Report Pacific Center East Specific Plan VI. GEOLOGY & SOILS Items a-ii, a-iii, and d - Less Than Si.qnificant Impact: The proposed building would be located on expansive soil per the Seismic Hazard Zone Map prepared by the California Division of Mines and Geology and Table 18- I-B of the 2001 Uniform Building Code. The site is located within an area that may subject people or structures to strong seismic ground shaking and seismic- related ground failure including liquefaction. However, prior to building permit issuance, a soils report will be submitted to the Building Division identifying any construction techniques necessary to comply with the current local, State, and Federal regulations to reduce potential impact to a level of insignificance. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Tustin City Code 2001 Uniform Building Code Project Application Field Evaluation California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 Pacific Center East Specific Plan Items a-i, a-iv, b, c, and e - No Impact: The project site is not located within an area on the Alquist-Priolo Earthquake Fault Zoning Map. The project would not be located on a geologic unit or soil that is unstable and would not result in on- or off-site landslide, lateral spreading, subsidence, or collapse. Since all new buildings in the City operate on the existing sewer system, there would not be any building area located on soil incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems. CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 6 Sources: Tustin General Plan Tustin City Code 2001 Uniform Building Code Project Application Field Evaluation Pacific Center East Specific Plan VII. HAZARDS & HAZARDOUS MATERIALS Items a, b, c, d, e, f, ,q, and h - No Impact: The project includes construction of a new 57,161 square foot office complex on a vacant lot. Based upon the nature of the use as an office complex, the project is not anticipated to result in exposure to hazardous substances or interfere with emergency response or evacuation. The applicant is not proposing to transport, use, or dispose of hazardous materials, and future tenants of the building would be required to comply with City, State, and Federal regulations before transporting, using, or disposing of hazardous materials. The project area is not located within an airport land use plan or vicinity of a private airstrip, and since all grading and construction would be subject to compliance with the all applicable Uniform Building and Fire Codes the project would not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, wildland fires, etc.). Mitigation Measures/Monitoring Required: None Required. Sources: Uniform Building and Fire Codes Submitted Plans Tustin General Plan Pacific Center East Specific Plan VIII. HYDROLOGY & WATER QUALITY Items a, k, I, m, n, o, and p - Less Than Siqnificant Impact: The project site is relatively flat, and the proposed project will maintain a flat site with improved site drainage and additional landscaping. There would be new construction and there is the potential to impact stormwater runoff from construction and post-construction activities and stormwater pollutant from loading docks and delivery areas. There is also the potential for discharge of stormwater to affect the beneficial uses of the receiving waters, and changes in the flow velocity or volume of storm water runoff. However, the project would be required to comply with the City's Water Quality Ordinance and most recently adopted CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 7 NPDES permit (Santa Ana Regional Water Quality Control Board (RWQCB) Order R8-2002-0010), thus reducing any potential impacts to a level of insignificance. The project would not create a significant increase in erosion of the site or surrounding area since an erosion control plan would be required during construction. The project would be required to comply with the City's Water Quality Ordinance, and as such, would not violate any water quality standards or waste discharge requirements or degrade water quality in the area, reducing any potential impacts to a level of insignificance. Mitigation Measures: None Required. Sources: Field Verification Submitted Plans Tustin City Code California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 Pacific Center East Specific Plan Items b, c, d, e, f, .q, h, i, and i - No Impact: The project site is relatively flat, and the proposed project will maintain a fiat site with improved site drainage and additional landscaping that would not result in substantial erosion, siltation, or flooding on- or off-site. The project would not substantially deplete groundwater supplies or interfere with groundwater recharge resulting in a net deficit in aquifer volume or a lowering of the local groundwater table level. The project site is not located within a 100-year flood hazard area as mapped on a Flood Insurance Rate Map, nor is the project located within a 100-year flood hazard area structure which would impede or redirect flood flows. The project site would not expose people or structures to a significant risk of loss, injury, or death as a result of the failure of a levee or dam, or by inundation by seiche, tsunami, or mudflow. Mitigation Measures: None Required. Sources: Field Verification Submitted Plans Tustin City Code Federal Insurance Rate Map Pacific Center East Specific Plan CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 8 IX. LAND USE PLANNING Items a, b, and c- No Impact: The subject property is designated by the General Plan Land Use Map as Planned Commercial/Business and zoned Planned Community District under the Pacific Center East Specific Plan. The proposed project would be consistent with the applicable land use and zoning regulations. The proposed project would not divide an established community since it includes construction on an existing site completely surrounded by other similar office and industrial buildings in an urbanized area. The proposed project is not located in a conservation plan or natural community conservation plan area. Mitigation Measures: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Map Pacific Center East Specific Plan X. MINERAL RESOURCES Xl. Items a and b - No Impact: The proposed project would occur on a vacant lot surrounded by developed office complex and light industrial uses. Construction on the site would not result in the loss of availability of a known mineral resource, and the site is not located on a mineral resource recovery site. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan NOISE Items a. b, c, and d - Less Than Sianificant Impact: The project includes construction of a new 57,161 square foot office complex on a vacant lot. The grading and construction of the site would result in short-term CUP O3-013, DR 03-014, TPM 2003-169 Attachment A Page 9 construction noise impacts. However, the Tustin City Code requires compliance with the City's Noise Ordinance and construction hours. Long-term noise would not significantly be increased since the property would be developed as an office complex in which the noise level generated from the project would typically be less than other light industrial uses in the vicinity. In addition, the site is not located near a residential neighborhood, thus the anticipated new noise would be insignificant. The proposed project would not create excessive ground vibrations, nor would it create a permanent increase in the existing ambient noise levels beyond the established standards. Any development within the City would be subject to the Tustin Noise standards, thus reducing any potential impacts to a level of insignificance. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan Items e and f- No Impact: The site is not located within an airport land use plan or within two (2) miles of a public or private airport. The project would not expose people residing or working in the project area to excessive noise. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Code Pacific Center East Specific Plan XlI. POPULATION & HOUSING Items a, b, and c - No impact: The proposed industrial project would not induce substantial population growth in the area and would not induce substantial population growth wherein new streets or new public services would need to be created. Since the lot is currently vacant, the construction of the new building on the existing vacant parcel would not displace substantial numbers of people necessitating the construction of replacement housing elsewhere. CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 10 Mitigation Measures/Monitoring Required: None Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan Xlll. PUBLIC SERVICES Item a - No Impact: The proposed project is in an existing urbanized area where fire and police protection are currently provided. No increase in population is anticipated. The project would not create demand for an alteration of or addition to government facilities or services (i.e. fire and police protection, schools, parks, and other public facilities). Mitigation Measures/Monitoring Required: None Sources: Submitted Plans Tustin City Code Pacific Center East Specific Plan XlV. RECREATION Items a and b - No Impact: The project is not located in proximity to recreational facilities. The project by nature would not increase the use of existing parks or contribute to a substantial deterioration of park facilities, nor would the project include recreational facilities that would have an adverse physical effect on the environment. No parkland dedication would be required as a result of this project. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Pacific Center East Specific Plan CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 11 XV. TRANSPORTATION/TRAFFIC Item a - Less Than Significant Impact: The proposed project involves the construction of a new 57,161 square foot office complex on a vacant lot. The proposed office use is consistent with the zoning of the site. The project location and use was compared to the previously completed traffic analyses for the PCESP, and they result in the same trip generation. Although the proposed project would generate new vehicle trips to the area; the increase is consistent with the analyses contained in the EIR for the PCESP. The project would be conditioned to comply with the mitigation measures for the PCESP. Therefore, any potential impacts related to traffic would be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan Items b, c, d, e, and f- No Impact: The proposed project involves the construction of a new 57,161 square foot office complex on a vacant lot. However, the project would not induce substantial population or growth wherein the project would result in changes to air traffic patterns, emergency access, level of service standards, or conflict with adopted policies, plans, or programs supporting alternative transportation. The project includes sufficient parking on-site to comply with current parking requirements for the proposed use. As such, no impacts to parking are anticipated. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan CUP 03-013, DR 03-014, TPM 2003-169 Attachment A Page 12 XVl. UTILITIES & SERVICE SYSTEMS Items a, b, c, d, e, f, and ,q - No Impact: The proposed project would not exceed requirements of the applicable Regional Water Quality Control Board or require or result in the construction of new water or wastewater treatment facilities. The proposed project would utilize the existing sewer and storm drain systems and thus would not require construction of a new storm water drainage facility or solid waste facility. The project would utilize the City's existing trash hauler contract, thus not requiring a new trash hauler. Adequate water supply from existing resources would be available to serve the proposed project. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan XVlI.MANDATORY FINDINGS OF SIGNIFICANCE Items a, b, and c ~- No Impact: The project grading, construction, and operation would comply with the regulations of the Community Development Department, Air Quality Management District, and Orange County Fire Authority which reduces any potential impacts related to aesthetics, air quality, biological resources, geology and soils, hydrology and water quality, traffic, and noise to a level of insignificance. The project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of the long-term. It does not have impacts that are individually limited but cumulatively considerable or that would cause substantial adverse impacts on human beings. Sources: Submitted Plans Tustin City Code Tustin General Plan Pacific Center East Specific Plan S:\Cdd\JUSTINA\current planning\Environmental\Werdin Attachment A. doc COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial }Va)2, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: Conditional Use Permit 03-013, Design Review 03-014, and Tentative Parcel Map 2003-169 Project Location: 15151 Woodlawn Avenue, Tustin, Orange County, California Project Description: Amendment to Conditional Use Permit 84-20 by reducing the amount of entitlement from 449,040 square feet to 232,520 square feet; construction of a total of 57,161 square feet of office/warehouse uses in a complex; and subdivision of Lot "A" of Tentative Parcel Map 2003-169 into a condominium subdivision to allow for ownership. Project Proponent: Werdin Corporation, 4100 Mac Arthur Blvd. Suite 310, Newport Beach, CA 92660 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 July 21, 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 AUGUST 9, 2003 Date: July 21, 2003 Elizabeth A. Binsack Community Development Director