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HomeMy WebLinkAboutPC RES 3758RESOLUTION N0.3758 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA CERTIFYING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 00-029 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. to 11 12 13 14 is 16 17 la 19 zo zl 22 23 24 2s 26 27 2s 29 The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Conditional Use Permit 00-029 is considered a "project" pursuant to the terms of the California Environmental Quality Act; and B. An initial study and Negative Declaration have been prepared for this project and have been distributed for public review. C. 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. D. The Planning Commission has evaluated the Final Negative Declaration and determined that with incorporation of the mitigation measures, the project would not have a significant effect on the environment. The Final Negative Declaration contained in Exhibit A has been completed in compliance with CEQA and State guidelines. The Planning Commission has received and considered the information contained in the Final Negative Declaration prior to recommending approval of the proposed project and finds that it adequately discusses the environmental effects of the proposed project and that there is no substantial evidence that the project will have a significant effect on the environment. III. 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 Game Code. 1 2 3 4 5 6 7 g 9 to I1 lz 13 14 is 16 17 18 19 20 21 zz 23 24 25 26 27 28 Resolution No. 3758 November 14, 2000 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 14th day of November, 2000. V. KOZAK Chair on ELIZABETH A. INSACK 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. 3758 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14th day of November, 2000. ELIZABETH A. BINSACK Planning Commission Secretary 29 INITIAL STUDY A. BACKGROUND COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 Project Title: Conditional Use Permit 00-029 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Lori Ludi Project Location: 14451 Myford Road, Tustin CA Phone: (714) 573-3127 Project Sponsor's Name and Address: Smith International, Inc. P.O. Box 60065 Houston, TX 77205-0068 General Plan Designation: Planned Community Commercial Business Zoning Designation: Planned Community -Industrial (PC-Ind) Project Description: To authorize the operation of temporary soil remediation equipment and surrounding enclosure for a period of four (4) months at the property located at 14451 Myford Road. The equipment extracts and treats contaminated underground vapors from the property. Surrounding Uses: North: Industrial South: Industrial East: Industrial West: 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 B. 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. Land Use and Planning QPopulation and Housing Geological Problems Water Air Quality Transportation & Circulation Biological Resources Energy and Mineral Resources Hazards ONoise OPublic Services Utilities and Service Systems Aesthetics Cultural Resources Recreation Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A 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 the proposed project MAY have a significant effect(s) 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 on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." 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, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. 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 all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparers Lori A. Ludi Title Associate Planner ~~~/ ~~r~~ _ Date October 25, 2000 Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) 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 aproject-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. 3) 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. 4) "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). 5) 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. 6) 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. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) 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. 9) 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 Less Than Significant Potentially With Less Than Significant Mitigation Significant I. AESTHETICS -Would the project: Impact Incorporation Impact 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? No Imi 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 of Fish 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 of Fish 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? 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: Less Than Significant Potentially With Less Than Significant Mitigation Signiftcant Impact Incorporation Impact No Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 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 18-1-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? VILHAZARDS 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? ~ For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Potentially Significant Impact mess Than Significant With Mitigation Incorporation Less Than Significant Impact o ImI o ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 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 river, 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 river, 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? IX. LAND USE AND PLANNING -Would the project: a) Physically divide an established community? Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 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 alocally-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 groundborne vibration or groundborne noise levels? 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? Less Than Significant Potentially With Less Than Sign cant Mitigation Significant Impact Incorporation Impact No Impact ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 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? 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. TRANSPORTATION/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? Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ^ ^ ^ ^ ^ ® ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact /ncorporation Impact No Impact 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? 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? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? 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? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 00-029 14451 MYFORD ROAD BACKGROUND The project includes the operation of temporary soil remediation/source removal equipment and surrounding enclosure for a period of four (4) months at the property located at 14451 Myford Road. The source removal approach includes the excavation of structurally- impaired soils and additional contaminated soils, backfilling the excavation with engineered clean fill, and replacement of the concrete slab. The excavation equipment would be used to remove the impacted soils to a depth of approximately 15 to 25 feet below grade surface. The removed soils would be removed and segregated as either hazardous or nonhazardous. The segregated soil would be stockpiled until the soil excavation is complete and then placed into trucks for transportationto an appropriate disposal facility. This project is part of a on-going ground water remedial action program. In the mid 1980's an underground storage tank and clarifier located on the site was removed. It was determined that both soil and groundwater had been impacted by the chlorinated hydrocarbons stored in the storage tank. It was thought that the contaminated soils were removed during the storage tank removal. After the groundwater remedial action program was implemented to remediate the residual volatile organic compounds concentrates in the groundwater, it was found that additional soil contamination continues to exist, indicated by the well monitor readings. 1. AESTHETICS Items a, b, & d - No Impact: The location of the proposed excavation equipment would not impact any scenic vistas. The excavation would not disturb any trees, rock outcroppings, or historical buildings and the site is not located on a State scenic highway. The project does not include any additional lighting that would cause an adverse impact on views in the area. Mitigation Measures/Monitoring Required: None Required. Item c -Less Than Significant Impact: The operation of excavation equipment may cause a temporary impact to the visual character of the site. Atrack-mounted excavator will be used to excavate the contaminated soil. The excavator is eleven feet in height and 32 feet in length with a 27 foot digging arm. A front-end loader will be used to move soil within the work Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 1 of 11 area to the nine storage bins located in the parking lot east of the work area. The loader is fifteen feet in height, 24 feet in length with a 15 foot arm. The soil storage bins are 18 feet long, ten feet wide and five feet in height. A six foot high chain link fence with an opaque windscreen is proposed to surround the work area where the excavator and loader would be located. Due to the temporary use of the equipment and the storage bins, and that a construction fence with an opaque screen would surround the work area, the visual impact of the project would be insignificant. Mitigation Measures/Monitoring Required: • A 6 foot 8 inch high chain link fence with an opaque windscreen shall surround the entire work area which would include the excavation area, storage area and the storage bins. Sources: Source Removal Work Plan, April 28, 2000 Submitted Plans Tustin City Code Field Inspection 2. AGRICULTURAL RESOURCES Items a,b & c - No Impact: The proposed project will be located on a site that is developed with industrial buildings and a parking lot. No impacts will occur to any agricultural uses or farmland. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Submitted Plans Tustin City Code 3. AIR QUALITY Items a, b, c & e - No Impact: The proposed equipment is designated to extract and treat contaminated on-site soils. This process is not expected to result in substantial emissions of pollutants or creation of objectionable odors. The volume of exhaust air from the equipment is not substantial enough to significantly alter air movement, moisture or temperature in the vicinity. Mitigation Measures/ Monitoring Required: None Required. Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 2 of I I Items d -Less than Significant Impact: Short and long-term emissions associated with excavation are subject to regulation by the South Coast Air Quality Management District and the City of Tustin Grading Manual, which includes requirements for dust control. Mitigation Measures/ Monitoring Required: • All construction activity shall comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust. • The applicant shall be required to comply with all requirements and regulations issued by the South Coast Air Quality Management District related to this operation, necessary permits and monitoring of the subject site and equipment. Sources: Source Removal Work Plan, Apri128, 2000 Submitted Plans Tustin City Code 4. BIOLOGICAL RESOURCES Items a, b, c, d, e & f - No Impact: The subject site is located within an industrial area and is developed with pavement and structures. The site is not inhabited by any known species of animals. Operation of the excavation equipment would have no impacts on animal populations, diversity of species or migratory patterns. The location of the equipment would not require the removal or alterations of any existing landscaping on the subject site. No impacts will occur to endangered, threatened or rare species or habitats, locally designated species or natural communities, or wildlife dispersal or migration corridors. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Submitted Plans Tustin City Code 5. CULTURAL RESOURCES Items a, b, c & d - No Impact: The subject property is not located within the City's Cultural Resources Overlay District, nor are there any identified cultural, historic or archaeological resources identified on or around the site. The project would have no impacts on cultural resources. Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 3 ojll Mitigation Measures/Monitoring Required: None Required Sources: Source Removal Work Plan, April 28, 2000 Submitted Plans Tustin City Code 6. GEOLOGY & SOILS Item a-i, a-ii, a-iii, a-iv, b& c -Less Than Significant Impact: It is estimated that approximately 1,700 cubic yards of impacted and structurally impaired soils would be removed and replaced with clean soil. Ashoring/structural support system would be installed to maintain structural integrity of the building during excavation. This would reduce any potential impacts related the structure or occupants from fault ruptures, ground shaking, ground failure, liquefaction or unstable soils to a level of insignificance. Mitigation Measures/Monitoring Required: A corrective action plan for soil remediation on the site that describes and justifies the proposed remediation, approved by the Santa Ana Regional Water Quality Control Board (SARWQCB) shall be submitted to the Community Development Department prior to issuance of building permits. The applicant shall provide to SARWQCB a report on the findings of the most recent soil samples collected. These findings will allow SARWQCB to evaluate the levels of hydrocarbons and ground water contamination found on the site. • The applicant shall obtain all necessary permits and approvals, if applicable, from the SARWQCB and Orange County Health Care Agency related to the operation, installation and monitoring of the subject site and equipment. Items d & e - No Impact: The topography of the lot is relatively flat and is not located on expansive soil. The project does not include the installation of septic tanks or alternative waste water disposal systems. Mitigation Measures/Monitoring Required: None Required. Sources: Source Removal Work Plan, Apri128, 2000 Submitted Plans Tustin City Code Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 4 of 11 7. HAZARDS & HAZARDOUS MATERIALS Item a & b -Less Than Significant Impact: An excavator would be used to remove the impacted soils to a depth of approximately 15 to 25 feet below grade surface. The excavated soils would be removed and segregated, using field screening and mobile laboratory results, as either hazardous or non-hazardous. The segregated would be stockpiled until the soil excavation is complete and the bins are hauled away by trucks for transportation to an appropriate disposal facility. The stockpile of the contaminated soil and the transportation of the soil off-site for disposal could result in the release of hazardous materials into the environment due to an unforeseen accident. However, a wastehauler permit will be required to ensure that appropriate measures are taken for transportation of hazardous materials that reduce impacts to a level of insignificance. Mitigation Measures/Monitoring Required: • Prior to permit issuance, clearances from the following will be required: Santa Ana Water Quality Control Board, Orange County Health Department, Orange County Fire Authority, South Coast Air Quality Management District, and the State Department of Occupational Safety and Health. • A vapor risk assessment that evaluates the potential health risks, to the occupants of the proposed buildings, posed by any residual subsurface contamination at the subject site shall be submitted to and approved by the SARWQCB or the OCHCA, with approved copies of such assessment provided to the Community Development Department. • All contaminated material being transported shall be manifested and may only be carried by a wastehauler licensed to transport the material being hauled. A copy of the appropriate wastehauler permit must be provided to the City prior to transportation of hazardous material off-site. Excavation and transportation of contaminated material and hazardous materials shall be in accordance with the regulations of the following agencies: • United States Department of Transportation • United States Environmental Protection Agency • California Environmental Protection Agency • California Division of Occupational Safety and Health Administration • All necessary precautions and preventive measures shall be in place in order to prevent material from being washed away by surface waters or blown by wind. These controls shall include at a minimum: Regular wetting of surface or other similar wind control method, installation of straw or fiber mats to prevent rain Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page S of 11 related erosion. Detention basin(s) or other appropriately sized barrier to surface flow must be installed at the discharge point(s) of drainage from the site. Any water collected from these controls must be appropriately disposed of at a disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project. Prior to the issuance of building permits the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. All contaminated material being transported must be manifested and may only be carried by a wastehauler licensed to transport the material being hauled. Excavation and transportation of contaminated material and hazardous materials shall be in accordance with the regulations of the following agencies: • United States Department of Transportation; • United States Environmental Protection Agency; • California Environmental Protection Agency; and, • California Division of Occupational Safety and Health Administration. Items c, d, e, f, g & h - No Impact: The project site is not within one-quarter of a mile of an existing or proposed school and not located near an airport or private airstrip. Mitigation Measures/Monitoring Required: None Required. Sources: Source Removal Work Plan, Apri128, 2000 Submitted Plans Tustin City Code Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 6 of 11 8. HYDROLOGY & WATER QUALITY Items a, b, c, e & f -Less Than Significant Impact: The soil ~ contamination acts as a continuing active source of groundwater contamination. The voluntary cleanup of the site has been under the review of the Santa Ana Regional Water Quality Control Board. The existing improvements on- site currently drains into the public storm drain system. The excavation of contaminated soils could impact the public storm drain system. To avoid polluted contaminates escaping into the storm drain system, drainage patterns will be temporarily altered to be contained on-site. The on-going water treatment process requires that contaminated waters be pumped out of the soil and pumped through carbon beds where the contaminates would be removed. Mitigation Measures/Monitoring Required: • Prior to permit issuance, clearances from the following will be required: Orange County Health Department, Orange County Fire Authority, South Coast Air Quality Management District, and the State Department of Occupational Safety and Health. • All site drainage shall be handled on-site and shall not be permitted to drain onto adj acent properties. • All necessary precautions and preventive measures to prevent the flow of water, including groundwater, from entering the hazardous material and excavation shall be implemented. Such measures may include berms, cofferdams, seal course concrete surface flow diversion or any combination thereof. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project. • Appropriate controls shall be installed to prevent all materials from being tracked off-site by vehicles or other means. These controls may include gravel exits or wash-down areas. Any materials tracked off-site shall be removed as soon as possible, but no later than the end of the operation day. This material shall be disposed of at an appropriate disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project. • Any NPDES Permit or other discharge permit for operations at this site shall be provided to the City prior to any discharge from this site. Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 7 of 11 • The applicant shall obtain all necessary permits and approvals, if applicable, from the Orange County Health Care Agency and SARWQCB related to the operation, installation and monitoring of the subject site and equipment. Items d, g, h, i & j - No Impact: The subject site is not located near any standing or moving bodies of water, therefore, there would be no effect on surface waters. The project does not involve the construction of permanent structures within a flood plain area. Mitigation Measures/Monitoring Required: None Required. Sources: Source Removal Work Plan, Apri128, 2000 Submitted Plans Tustin City Code 9. LAND USE PLANNING Items a, b & c - No Impact: The proposed temporary use of removal and depositing of earth associated with soil remediation requires a conditional use permit approved by the Planning Commission. As a temporary use, the project would not result in a change to the existing or planned land use of the area. Mitigation Measures: None Required. Sources: Source Removal Work Plan, Apri128, 2000 Submitted Plans Tustin City Code 10. MINERAL RESOURCES Items a & b - No Impact: The short term nature of the project precludes creating a demand for new resources of energy or depleting and existing source of non-renewable energy. The fuel supply necessary to accommodate the energy needs is presently available to the site. Mitigation Measures/Monitoring Required: None Required Sources: Source Removal Work Plan, Apri128, 2000 Submitted Plans Tustin City Code Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 8 of I1 11. NOISE Items a & d -Less Than Significant Impact: The excavation equipment would be operating from 6:00 p.m. to 6:00 a.m. daily. The noise level of the equipment may exceed 70 dBa. There are no nearby residential properties, however the maximum noise level permitted by the City Noise Ordinance is 70 dBa for industrial zoned property. Mitigation Measures/Monitoring Required: • The applicant shall perform a noise test of the operating equipment to verify whether the equipment can comply with the City's Noise Ordinance requirements for industrial zoned property of 70 dBa at any time.. If the test shows non- compliance, the applicant shall install muffling devices to meet said requirements. Items b, c, e & f - No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airport. Mitigation Measures/Monitoring Required: None Required. Sources: Source Removal Work Plan, April 28, 2000 Submitted Plans Tustin City Code 12. POPULATION & HOUSING Items a, b & c - No Impact: The proposed use is temporary and does not involve construction, demolition or relocation of any residential units. The project would have no impact of the location, growth, distribution or density of population in the surrounding area. Mitigation Measures/Monitoring Required: None Required Sources: Source Removal Work Plan, April 28, 2000 Submitted Plans Tustin City Code Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 9 of I I 13. PUBLIC SERVICES Item a -Less Than Significant Impact: The subject has potential hazards associated with it and consequently could create a demand for police and fire services in the event of an emergency. Due to the limited size and the temporary nature of the proposed use, this impact on public services is considered short term and will not affect the current levels of service. Due to the nature of the use and function, would not create demands for additional service on schools, parks, maintenance of public facilities or other governmental services. Mitigation Measures/Monitoring Required: • The applicant shall be required to comply with all requirements of the Orange County Fire Authority. Such compliance shall be verified during the plan check process prior to the issuance of any permits and installation of equipment. Sources: Source Removal Work Plan, April 28, 2000 Submitted Plans Tustin City Code 14. RECREATION Items a & b - No Impact: The project is anon-residential use and is not located in proximity to recreational facilities. It would have no impact on quality of recreation opportunities in the community. Mitigation Measures/Monitoring Required: None Required Sources: Source Removal Work Plan, Apri128, 2000 Submitted Plans Tustin City Code 15. TRANSPORTATION/TRAFFIC Items b, c, d, e & f - No Impact: The project would not cause a significant increase in traffic or capacity of the street system. The location of the equipment will not impede existing on-site circulation patterns or emergency access. The location of the nine (9) storage bins temporarily obstructs seventeen (17) parking spaces. The required parking for the existing building is 231 spaces and 309 spaces are provided on-site. The temporary reduction of seventeen spaces would not impact the required on-site parking. Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 10 of ] 1 Mitigation Measures/Monitoring Required: None Required. Sources: Source Removal Work Plan, April 28, 2000 Submitted Plans Tustin City Code 16. UTILITIES & SERVICE SYSTEMS Items a, b, c, d, e, f & ~ - No Impact: The proposed project would not require modification to existing utilities or the need for additional utilities to serve the site. All necessary utilities are in place on the subject property. Mitigation Measures/Monitoring Required: None Required Sources: Source Removal Work Plan, Apri128, 2000 Submitted Plans Tustin City Code 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a, b & c - No Impact: As discussed above, the proposed project involves the temporary operation of equipment to remove and treat contaminated soil. Expected duration of the process will be approximately four (4) months. Operation of the proposed equipment could result in short term impacts that can be mitigated to a level of insignificance. Sources: Source Removal Work Plan, Apri128, 2000 Submitted Plans Tustin City Code Smith International, Inc. (Conditional Use Permit 00-029) Initial Study Attachment A Page 11 of 11