HomeMy WebLinkAboutCC RES 99-090 2
RESOLUTION NO. 99-90
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
4 TUSTIN, CALIFORNIA, ADOPT THE FINAL NEGATIVE
5 DECLARATION AS ADEQUATE FOR ZONE CHANGE 98-006
AND DESIGN REVIEW 98-036 AS REQUIRED BY THE
6 CALIFORNIA ENVIRONMENTAL QUALITY ACT.
7
8 The City Council of the City of Tustin does hereby resolve as follows:
9 I. The City Council finds and determines as follows:
]0
A. That Zone Change 98-006 and Design Review 98-036 are
~ considered "projects" pursuant to the terms of the California
~2 Environmental Quality Act; and
is B. A Negative Declaration has been prepared for this project and has
been distributed for public review from September 17, 1999 to
~4 October 7, 1999.
15
C. Whereas, the Planning Commission of the City of Tustin has
~6 considered evidence presented by the Community Development
Director and other interested parties with respect to .the subject
~? Negative Declaration, and on September 27, 1999 recommended
is that the City Council certify the Negative Declaration.
~9 D. The City Council has evaluated the proposed Negative Declaration
20 and determined that with incorporation of the mitigation measures,
the project would not have a significant effect on the environment.
21
II. A Final Negative Declaration, attached hereto as Exhibit A, has been
22
completed in compliance with CEQA and state guidelines. The City Council
:3 has received and considered the information contained in the Negative
Declaration prior to approving the proposed project, and finds that it
24 adequately discusses the environmental effects of the proposed project. On
:5 the basis of the initial study and comments received during the public
hearing process, the City Council has found that although the proposed
26 project could have impacts, there will not be a significant effect because
mitigation measures and a mitigation monitoring program identified in the'
27 Negative Declaration have been incorporated into the project which mitigate
2s any potential significant effects to a point where clearly no significant effect
would occur. The mitigation measures are identified in Attachment A of the
29 Negative Declaration and Initial Study and are adopted as findings and
conditions of Resolution 99-95.
Resolution 99-90
Page 2
2
In addition, the City Council has found that the project involves no potential
3
for any adverse effects, either individually or cumulatively, on wildlife
4 resources; and, therefore, the City Council makes a De Minimis Impact
finding related to AB 3158, Chapter 1706, Statutes of 1990.
5
6 PASSED AND ADOPTED at a regular meeting of the-Tustin city Council-
held on the 1 st day of November, 1999.
?
9 ~"""J'RAC ILLS ~VOR EY~
~0 MAyOral/ L
12
AMELA STOKER
z3 /--~ CLERK
14
~5 STATE OF CALIFORNIA )
~6 COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
~s Tustin, California, do hereby certify that the whole number of the members of the
~9 City Council of the City of Tustin is five; that the above and foregoing Resolution
No. 99-90 was duly passed and adopted at a regular meeting of the Tustin City
:0 Council, held on the 1~ day of November, 1999, by the following vote:
21
COUNCILMEMBERAYES: WORLEY, THOMAS, DOYLE, POTTS, SALTARELLI
22 COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
23 COUNCILMEMBER ABSENT: NONE
24 . C/,/~_~
25
PAMELA STOKER
26 (~ CLERK
27
28
29
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial W~,, Tustin, CA 92780
(714) 573-3100
NEGATIVE DECLARATION
Project Title:Zone Change 98-006 & Design Review 98-036
Project Location: 12569 Newport Avenue
Project Description:A change in the Newport Warren Planned Community Zoning Designation from
Residential Single Family - Garden Office to Garden Office. The project also includes the construction of a
4,770 square foot and a 2,726 square foot one-story medical/dental office building.
Project Proponent:Dennis Claus, Westgate Properties, 1475 1 Plaza Drive #B
Tustin, CA 92780
Lead Agency Contact Person:Lori Ludi Telephone:(714) 573 -3127
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 with the public notice of Negative Declaration 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 OC , .
Eh~/i'abeth A. Binsack
Community Development Director
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714) 573-3100
INITIAL STUDY
A. BACKGROUND
Project Tide: Zone Change 98-006 & Design Review 98-036
Lead Agency: City of Tustin
300 Centennial Way
Tustin, California 92780
Lead Agency Contact Person: Lori Ludi Phone: (714) 573-3127
Project Location: 12569 Newport Avenue
Project Sponsor's Name and Address: Westgate Properties
14751 Plaza Drive #B
Tustin, CA 92780
General Plan Designation: Planned Community - Commercial Business
Zoning Designation: Planned Community
Project Description: A change in the Newport Warren Planned Community Zoning Designation
from Single Family Residential- Garden Office to Garden Office. The
project also includes the construction of a 4,770 square foot and a 2,726
square foot one-story medical/dental office building.
Surrounding Uses:
North: Commercial East: Residential
South: Commercial West: Residential
Other public agencies whose approval is required:
I"1 Orange COunty Fire Authority E3 city 0firvine
F'[ Orange County Health Care Agency E3 City of Santa Aria
EQ south coast Air Quality Management ["] Orange County
District EMA
EQ Other
B. ENVIRONMENTAL I~ ACTORS 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 belo~v.
[55]Land Use and Planning [23Hazards
["]Population and Housing ~53Noise
[']Geological Problems ["]Public Services
[']Water [']Utilities and Service
Systems
[']Air Quality ["]Aesthetics
[']Transportation &Circulation [']Cultural Resources
[']Biological Resources ["]Recreation
]"]Energy and Mineral Resources ["']Mandatory Findings of
Significance
C. DETERMINATION:
On the b~tsis of this initial evaluation:
[D 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.
["1 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.
Preparer: Lori A. Ludi Title: Associate Planner
lE,~xzal;eth A. BinsactS, Co~uhity DevElopment Director
D. EVALUATION OF ENVIRONMENTAL IMPACTS
Directions
1) A brief explanation is required for all answei's 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 fails 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).
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.
"Potential!y 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 ho~v 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) Im pacts 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 ENVIRONMEN I AL IMPACTS
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
I. AESTHETICS - Would the project: Impact Incorporation bnpact No 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 impa~ts
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? [] [] [] []
IlL 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 projeS:t 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? [] [] [] []
Significant
Potentially, With Less Than
Significant Mitigation Significant
IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation Impact No Impact
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
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 movemerit 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
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 Significant
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 ~haking? [] [] [] []
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 akernative 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
f) 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? [] [] [] []
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
g) Impair implementation of or physically interfere with an Impact Incorporation Impact No Impact
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 runoffwater which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff?. [] [] [] []
I3 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
b) Conflict with any applicable land use plan, policy, or Impact bTcorporation bnpact No Impact
regulation of an agency with jurisdiction over the project
(including, but not limited to fhe 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
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
Significw~t
Potentially With Less Than
Significant Mitigation Significant
Impact D~corporation , Dripact 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? [] [] [] []
×V. 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
(Le. 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
Potential6., With Less Than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
g) Conflict with adopted policies, plan~, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)? [] [] [] []
×VI. 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) Resuk 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) Compty 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? CCurnulativety
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
ZONE CHANGE 98-006
& DESIGN REVIEW 98-036
BACKGROUND
The project site consists of three vacant parcels, totaling 31,550 square feet, located at
12569 Newport Avenue, on 'the west side of Newport Avenue between Warren and the
northerly City limits. The project site is located within the Newport Warren Planned
Community area, designated as Residential Single Family - Garden Office and is
surrounded by developed residential and commercial uses.
The proposed project involves a zone change of the subject property and the construction
of two one-story medical/dental office buildings owned by Westgate Development,
including the following:
1.) A change in the zoning designation of the Newport Warren Planned
Community from Residential Single Family - Garden Office to Garden
Office.
2.) A 4,770 square foot one-story medical/dental office and a 2,726 square
foot medical/dental office building.
3 .) Construction of landscape planters, trash enclosure and paved surface for
circulation and parking.
1. AESTHETICS
Items a & b -No Impact: The project site is not located on a scenic highway
nor does it affect a scenic vista.
Items c & d - Less Than Si~,nificant with Mitigation Incorporation: The proposed
project will establish two new medical/dental offme buildings. The' buildings have
been designed to be residential in scale and appearance, which complements the
surrounding architectural styles' of existing buildings within the Newport Warren
Planned Community and adjacent residential uses. Over 33 percent of the site is
proposed to be landscaping. Lighting on the 'site is required to be directed on-site and
the exterior lighting is limited to 10 .feet in height to avoid glare on adjacent arterials
and properties. With the implementation of mitigation measures and the conditions of
approi, al, impacts related to aesthetics will be reduced to a level of insignificance.
Mitigation Measures/Monitoring Required:
· Submit four (4) sets of plans depicting the exterior lighting details and a
photometric study showing the location and' anticipated distribhtion pattem of
light of all proposed fixtures in the parking lot and landscape areas to the
Community Development Department for review and approval prior to the
issuance of a building permit. Manufacturer's details of all lightirig fixtures and a
lighting plan which identifies the location, type of fixture, 'and intensity of all
exterior building mounted and free-standing lighting shall be provided.
· A note shall be provided on the plans that "All parking areas shall be illuminated
with a minimum of one footcandle'of light, and lighting shall not produce light
or glare or have a negative impact On 'adjacent properties." Par'king lot and wall
mounted fixtures shall be directed at a 90 degree angle directly toward the
ground. All light fixtures shall be architecturally compatible with the proposed
structures. 'The exterior lighting shall comply with the requirements within the
City of Tustin Security Ordinance.
· Exterior lighting fixtures shall not exceed 10 feet in height.
· Submit a complete detailed landscaping and irrigation plan for all landscaping
areas consistent with adopted City of Tustin Landscaping and Irrigation
Submittal Requirements and consistent with the plant selection list and
regulations within the Newport Warren Planned Community District regulations.
Sources: Project Application
Tustin Security Code
2. AGRICULTURAL RESOURCES
Items a. b & c - No Impact: The proposed project will be located on three vacant
existing parcels within an area that is currently developed. No impacts will occur to
any agricultural uses or farmland.
Mitigation Measures/Monitoring Required: None Required
Sources: Tustin General Plan
3. AIR QUALITY
Item b - Less Than Significant with Mitigation Incorporation: Short and long-
term emissions associated with grading and th6 construction of the proposed building
and site amenities 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.
12569 Newport Avenue- Initial Study
Attachment A
Page 2 of lO
Items a. c. d & e- No Impact: The relatively small magnitude of the
project and number of trips generated does not have the capacity to create a net
increase of any criteria pollutant, expose sensitive receptors to substantial pollutant
concentrates. or create objectionable odors. The proposed project is estimated to
generate approximately 271 average daily trips (ADT), of which 18 trips occur in the
a.m. peak hour and 27 trips occur in the p.m. peak hour. A general office use of the
same size would generate approximately 182 ADT, of which 24 trips would occur in
the a.m. peak hour and 88 trips in the p.m. peak hour. As a result, the proposed
project is estimated to generate fewer trips in the peak and 89 trips more trips overall
than a general office use. With implementation of the above mitigation measures and
conditions of approval that require the applicant to conduct grading activities in
compliance with the City of Tustin Grading Manual and obtain all necessary
approvals and permits from the SCAQMD and the City of Tustin, any potential
impacts related to air quality Will 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
4. BIOLOGICAL RESOURCES
Items a. b. c. d. e & f- No Impact: The proposed project will establish two new
medical/dental office buildings on three existing vacant parcels. The parcels are
vacant and no wildlife or vegetation is existing. 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
Tustin General Plan
5. CULTURAL RESOURCES
Items a. b. c & d - No Impact: The prope. rty is not located in a historical district or
any other special overlay district that pertains to cultural resources. No impacts to
paleontological, archaeological, historical, religious resources, or disturbing of any
human remains, will occur.
Mitigation Measures/MOnitoring.Required: None Required
Sources: Tustin General Plan
12569 Newport Avenue- Initial Study
Attachment A
Page 3 of lO
6. GEOLOGY & SOILS
Itemi a-i. a-ii. a-iii & b - Less Than Si_oni~cant with Miti~,ation Incorporation: The
topography of the site is relatively flat and would require minor precise grading
activity to prepare the site for new construction. Compliance with current codes will
ensure that the design and construction of the proposed project reduces any potential
impacts related to fault ruptures, ground shaking, ground failure, liquefaction or
unstable soils to a level of insignificance.
Mitigation Measures/Monitoring Required:
· All grading, drainage, vegetation and circulation shall comply with the City of
Tustin Grading Manual. All construction activity shall comply with the
Tustin Grading Manual which requires frequent watering of the project siteto
control dust. All street sections, curbs, gutters, sidewalks, lighting and 'storm
drain shall comply with on-site improvement standards. Any deviations shall
be brought to the attention of the Building Official and request for approval
shall be submitted in writing prior to any approval.
Items a(iv). c. d & e- No Impact: The project site is not located within
an area that is subject to seiche, tsunami, volcanic hazards, landslides, or mudflows,
erosion, subsidence, or expansive soils. No unique geological or physical features are
present within the area.
With implementation of a condition of approval that requires the applicant to obtain
all necessary approvals from the Community Development Department, the project
design and construction will reduce potential impacts to a level of insignificance.
Sources: Tustin General Plan
City of Tustin Grading Manual
Uniform Building Code
Project Application
Field Evaluation
7. HAZARDS & HAZARDOUS MATERIALS
Items a. b. c. d. e. f. g & h'-No Impact: The proposed project will not create
a significant hazard through the handling of hazardous materials and will not
foreseeably involve the accidental release of hazardous materials. into the
environment. The proposed project is more than a quarter of a mile of an existing or
any proposed school sites. The project site is not located within a' airport land use
plan or within two miles of a public or private airport. The proposed project does not
interfere with any evacuation plans or emergency response plans. The project site is
not within a wildland area, and would not expose individuals or structures to the
hazards of wildland fires.
12569 Newport Avenue- Initial Study
Attachment A
Page 4 of 10
Mitigation Measures/Monitoring Required: None Required.
Sources: Tustin General Plan
Orange County Fire Authority
Orange County Health Care Agency
8. HYDROLOGY & WATER 0UALITY
Items a. b~ c. & e. f. 2. h. i & i -No Impact: The project does not violate water
quality standards or waste discharge requirements. It will not expose people or
property to water related hazards such as flooding and erosion and will not change the
course or direction of waters movements or affect the quantity and quality of
groundwaters. The impervious surface of the project will drain into the existing storm
drain system. Any water deposited into the sanitary sewer system for treatment shall
be in compliance with the Orange County Sanitation District requirements. The
project does not have the capacity to affect the direction of ctirrents in surface waters
or amount or quality of groundwaters, absorption rates, drainage patterns of surface
runoff. or effect on the amount or quality of surface or groundwaters.
Sources: Tustin General Plan
City of Tustin Grading Manual
Public Works Department
Orange County Health Care Agency
Project Application
9. LAND USE PLANNING
Items a & c- No Impact: The proposed project is similar to and compatible
with other commercial uses in the vicinity and is located on three parcels which will
be combined into one parcel through the recordation of a parcel map. The project
will not divide or disrupt the area. The. proposed project is not anticipated to impact
land use or planning. .. ....
Item b - Less Than Significant Impact: The proposed project ihvolves the
construction of a medical/dental office building which is not a permitted use under
the existing zoning designation of Residential Single Family - Garden. Office.
Therefore the project includes-a zone change from the existing designation of
Residential Single Family - Garden Office to Garden Office within the Newport
Warren Planned Community Regulatioxis. Medical/dental office is a permitted use
within the Garden Office designation of the Newport Warren Planned Community
Regulations. The zoning of the project site would be consistent with the zoning
designation of the property to the south and with the development on the west side of
this area of Newport Avenue.
12569 Newport Avenue- Initial Study
Attachment A
Page 5 of 10
Mitigation Measures:
· The approval of the design review to construct the two one-story medical/dental
office buildings is contingent upon approval by the City Council of Zone
Change 98-006.
Sources: Tustin General Plan
Tustin Zoning Code
Project Application
Field Evaluation
10. MINERAL RESOURCES
Items a & b- No Impact: There are no known mineral resources located on
the three vacant parcels which constitute the project site. Therefore, the construction
ar/d operation of the facility will not use nonrenewable resources in a wasteful or
inefficient manner.
Mitigation Measures/Monitoring Required: None Required
Sources: Tustin General Plan
11. NOISE
Items c & d - Less Than Significant with Mih~ation Incorporation: With respect
to short-term noise impacts associated with construction, all construction will be
required to conform to the Noise Ordinance and work may only be performed during
permitted hours of construction. As such, short term noise impacts will be mitigated
to a level of insignificance. No significant increase in long term noise impacts
associated with generation of vehicular traffic is anticipated. Operations of the facility
will be required to conform to the Noise Ordinance. Long-term operational noise will
be reduced to a level of insignificance through compliance with the Noise Ordinance.
With implementation of the above mitigation measures and conditions of approval,
potential noise impacts would be reduced to a level of insignificance.
Mitigation Measures/Monitoring Required:
· All construction operations, including engine warm-up and deliveries of
materials and equipment, shall be subject to the provisions of the Tustin Noise
Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00
p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on
Saturday, unless otherwise determined by the Building Official.
· Construction hours shall be clearly posted on the project site to the satisfaction
of the Building Official.
12569 Newport Avenue- Initial.Study
Attachment A
Page 6 of 10
· Any roof top equipment, including vents and exhausts shall comply with the
City of Tustin Noise Ordinance.
Items a. b. 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: Tustin General Plan
Noise Ordinance
Project Application
12. POPULATION & HOUSING
Items a. b & c-No Impact: The proposed project is located on a site that is
currently surrounded by existing residential and commercial uses. The proposed
project would not result in any direct increase in population nor induce substantial
growth in the area. No impacts related to population or housing are anticipated.
Mitigation Measures/Monitoring Required: None Required
Sources: Tustin General Plan
Project Application
Field Evaluation
13. PUBLIC SERVICES
Item a- No Impact: The project site and surrounding commercial properties are
currently subject to fire 'and police protection. No additional resources are required to
maintain these existing service levels. The proposed project will not create additional
services related to maintenance'of public facilities, including roads.
Mitigation Measures/Monitoring Required: None Required
Sources: Tustin Police Department
Orange County Fire Authority
Tustin Public Works Department
14. RECREATION
Items a & b -No Impact: The proposed construction of two medical/dental
office buildings would not affect existing facilities nor create a demand for
recreational facilities.
12569 Newport Avenue- Initial Study
Attachment A
Page 7 of lO
Mitigation Measures/Monitoring Required: None Required
Sources: Tustin General Plan
Project Application
15. TRANSPORTATION/TRAFFIC
Item a-LessThanSi~nificantlmpact: The City's Traffic Engineer has
reviewed the proposed project analyzed the traffic study completed by the applicant's
licensed Traffic Engineer and finds that the project will not result in a significant
increase in traffic (see Exhibit B). The increase of 89 average daily trips (ADT) from
general office compared to medical/dental office use, is minimal compared to the
available capacity on Newport Avenue. Newport Avenue currently carries
approximately 21,000 ADT. The existing capacity along this primary arterial
highway is 37,000 ADT. Therefore, this project will not have a significant impact on
the arterial circulation system in this area resulting from an increase in traffic.
Miti_oation Measures
· If, at any time in the future, the City is made aware and concurs that a traffic or
parking problem exists at the subject site as a result of the proposed development,
the Community Development Department and/or Public Works Department may
require the property owner to submit a traffic and parking demand analysis, at no
expense to the City, within the time schedule stipulated by the City. If said study
indicates that there is inadequate parking or a traffic problem, the property owner
shall be required to provide additional mitigation measures to be reviewed and
approved by the Community Development Department and Public works
Department
Items b. c. d. e, & ~ - No Impact: The level of service shall not be impacted by
the project. The project does not involve air traffic patterns or the creation of new
roads.
Mitigation Measures/Monitoring Required: None Required
Item f- Less Than Significant Impact: The off-street parking required for the
medical/dental office use shall be provided for the project in accordance with the City
Code. A condition of approval is incorporated into the project that requires off-street
parking for the medical/dental offices that is in compliance with the City Code.
Miti~,ation Measures:
· The plans (site plan and floor plans) shall be revised accordingly to 'reflect the total
off-street parking required by using the following ratios:
12569 Newport Avenue- Initial Study
A ttachm en t A
Page 8 of 10
Large Building
Medical/Dental Office
(first 4,000 sq. ft. of building) 4,000 1250 16
General Office 773 1:250 4
Small Building 2,726 1:250 11
Medical/Dental Office
Total 7499 ~ :'.',:' 1:,': .. ,~ 31
· No more th~ 20 percent of the required off-street parking spaces sh~l be compact.
· Prior to issu~ce of ce~ificate of occupancy, the applic~t shall-prep~e and
record a deed restriction to ensue that the proposed distribution of medical/dental
office sd general office uses ~e not modified or that'additional off-street p~king
is provided in the ~ture if more intensive uses ~e proposed to occupy the
building. A dra~ deed res~iction agreement shall be submi~ed to ~e Co~ity
Development Depa~ment sd City ARomey for review prior to recordation.
Evidence of recordation Shall be provided to the Community Development
Depa~ment prior to the issu~ce of building peaits. The deed restriction shall
not be removed without ~e ~i~en approval from the City.
· If, at any time in ~e future, ~e Ci~ is made aw~e ~d concurs ~at a p~ng
problem exists at ~e subject site as a result of the proposed development, ~e
Comu~ty Development Depa~ent ~Uor Public WorB Depa~ent may require
the propeffy owner to sub~t a p~king dem~d analysis, at no expense to the City,
within the time schedule stipulated by the City. If said study indicates that there is
inadequate p~king or a traffic problem, the propeffy o~er shall be required to
provide additional mitigation measures ~o be reviewed and approved by the
CoEu~ty Development DepEent ~d Public works Dep~ment. ".
Sources: Tustin General PIE
ProjeCt Application
Tustin Public Works/Traffic Engineer
16. UTILITIES & SERVIC~ SYSTEMS
Items' a. b. c. d. e. f & ~ - No Impact: The proposed facility will be connected to
existing utilities and service systems in the area. No substantial alterations to any
utilities will be required.
Sources: Tustin Public Works Department 'Field Inspection
12569 Newport Avenue- Initial Study
Attachment A
Page 9 of 10
Mitigation Measures/Monitoring Required: None Required
17. MANDATORY FINDINGS OF SIGNIFICANCE
Items a. b & c-No Impact: The proposed project is the construction of two
one-story medical/dental office buildings. The project design, construction and
operation will 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 geological problems, water quality, air
quality, hazards and noise to a level of insignificance. As such, 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: Project Application
City and Agency Requirements
12569 Newport Avenue- Initial Study
Attachment A
Page 10 of lO