Loading...
HomeMy WebLinkAboutCC RES 98-107 RESOLUTION NO. 98-107 · 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 TUSTIN, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 98-004, VESTING TENTATIVE 4 TRACT MAP 15707 AND DESIGN REVIEW 98-002 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA s ENVIRONMENTAL QUALITY ACT. 6 The City Council of the City of Tustin does hereby resolve as follows: ? s 1.. The City Council finds and determines as follows: 9 A. Zone Change 98-004, Vesting Tentative Tract Map 15707 and Design Review 98-002 are considered "projects" pursuant to ~0 the terms of the California Environmental Quality Act. ]] B. A Negative Declaration has been prepared for this project and ~2 has been distributed for public review. ]3 C. Whereas, the Planning Commission. and City Council of the ~4 City of Tustin have considered evidence presented by the Community Development Director and other interested parties ~5 with respect to the subject Negative Declaration. 16 D. The City Council has evaluated the proposed final Negative ~? Declaration and determined it to be adequate and complete. ~8 II. A Final Negative Declaration has been completed in compliance with ~9 CEQA and State guidelines. The City Council, having final approval authority over Zone Change 98-004, Vesting Tentative Tract Map _~0 15707 and Design Review 98-002 has received and considered the 2~ information contained in the Negative Declaration, prior to approving the proposed project, and found that the Negative Declaration :2 adequately discussed the environmental effects of the proposed 23 project. The City Council has found that the project involves no potential for an significant impact, either individually or cumulatively,' 24 on wildlife resources and makes a De Minimis Impact Finding related to Fish and Game Code Section 711.4. 25 26 On the basis of the initial study and comments received during the public review process, the City Council has found that, although the 27 proposed projects could have a potential significant impact on the environment, there will not be a potential significant impact on the 2s environment in this case because mitigation measures identified in 29 the Negative Declaration have been incorporated into the project Resolution 98-107 Page 2 ] 2 which mitigate any potential significant environmental impacts to a point where cleady no significant impact would occur and are 3 identified in Exhibit A to the attached Negative ,Declaration and' initial study and are adopted as findings and conditions of the City Council 4 Resolution No's. 98-108 and 98-109, incorporated herein .by 5 refe re nce. 6 PASSED AND ADOPTED at a regular meeting of the Tustin City ? Council, held on the 7th day of December, 1998. 8 20 THOMAS R.pSA'LTARELLI 5 ~ Mayor 12 !3 P~~t~ELA STOKER Clerk 56 27 STATE OF CALIFORNIA ) ~s COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 20 I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number 2~ of the members of the City Council of the City of Tustin is five.; that · the above and foregoing Resolution No. 98-107was duly passed and 22 adopted at a regular meeting of the Tustin City Council, held on the 23 7th day of December, 1998, by the following vote: 24 COUNCILMEMBERAYES:- Salta:rellj., T&To=le.7, Do:yZe, 1Ports, 'Z'!~omas COUNCILMEMBER NOES: ~one :5 COUNCILMEMBER ABSTAINED: ~one 26 COUNCILMEMBER ABSENT: ~one 28 ,, oKER COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Wcty, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: TT 15707, ZC98-002, DR98-002 Project Location: 1 20-250 6TH STREET AND 715-765 EL CAMINO REAL, TUSTIN, CA 92780 ORANGE CO. Project Description: A REQUEST TO CHANGE THE ZONING ON THE PROPERTIES FROM R-3 AND C-2P TO PC TO ACCOMMODATE THE DEMOLITION OF 56 IYN'IT APARTMENT STUCTURES AND CONSTRUCT 38 SINGLE FA1ViEY DETACHED DWELLINGS AND REHABILITATE 8,600 SQUARE FEET WITHIN TWO EXISTING COMMERCIAL STRUCTURES Project Proponent: WARMINGTON HOMES CALIFORNIA & DEBEIKES INVESTMENT COMPANY Lead Agency Contact Person: LOP,/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 ofthat study hereby finds: E] '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 DECEMBER 7, 1998 Date..//- EnF'zabeth A. Binsack Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (7J4) 573-3J00 INITIAL STUDY A. BACKGROUND Project Title: I I ~ 5707, ZG ~8-002, DR ~8-0D2 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: LORI LUDI Phone: 7~4-573-3~27 Project Location: 120-250 6TH STREET AND 715-765 EL CAMINO REAL Project Sponsor's Name and Address: WARMINGTON HOMES CALIFORNIA AND DEBEIKES INVESTMENT CO. 390 PULLMAN STREET, SUITE A 5289 ALTON PARKWAY CQSTA MESA, CA 92626 IRVINE, CA 92604 General Plan Designation: OLD TOWN COMMERCIAL Zoning Designation: R-3 AND C-2 Project Description: DEMOLITION OF 56 UNIT APARTMENT STUCTURES, CONSTRUCTION 38 SINGLE FAMILY DWELLINGS AND REHABILITAION OF 8,600 SQUARE FEET WITHIN TWO EXISTING COMMERCIAL BUILDINGS Surrounding Uses: North: COMMERCIAL East: COMMERCIAL South: COMMERCIAL West: COMMERCIAL Other public agencies whose approval is required: ['3 Orange County Fire Authority '['] City.oflrvine ['] Orange County Health Care Agency. ['] City of Santa Ana ['l South Coast Air Quality Management [23 Orange County EMA District [Z] Other B. ENVIRON1VIENTAL 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. DLand Use and Planning [~Hazards V']Population and Housing ["]Noise [']Geological Problems ["]Public Services [53Water ["]Utilities and Service Systems ["]Air Quality Dkesthetics ["]Transportation &Circulation [i]Culltural Resources [']Biological Resources [']Recreation [i]Ener~ and Mineral Resources [i]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ['] I find that the proposed project COULD NOT have a si_m~ificant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [5~3 I fred that although the proposed project could have a si_onificant effect on the environment, there will not be a significant effect in this case because the miti_~;tion measures described on an attached sheet have been added to the project. A NEGATIVE DECI_YARATION 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 fred that the 'proposed project MAY have a significant effect(s) on the environment, but at least one effect l ) 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 des6ribed 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 fmd 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 Signature - . Date //-- ~- ~ ~:~ Print Name ,.~:L/E. flr-/:~ ~T/'/'/~r. 8/A/,5'K, K2 Title_ k)l R IECTO l~ 2 D. ENVIRONMENTAL I1V[PACTS: · [Z] Earlier analyses used: Potentially Available for review at: City of Tustin Community Significant Development Department Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact 1. LAND USE & PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? [] [] [] [] b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? [] [] [] [] c) Be incompatible with existing land uses in the vicinity? [] [] [] [] d) Affect agricultural resources or operations? [] [] [] [] e) Disrupt or divide the physical arrangement of'an established COmmUnity (including a low-income or mino ty co ry)? [] [] [] [] 1. POPIJLATION & HOUSING- ~ouldtheproposaI: a) Cumulatively exceed official regional or local population projections? [] [] [] [] b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? [] [] [] [] c) Displace existing housing, especially affordable housing? [] [] [] [] 3. GEOLOGIC PROBLEMS - Would the proposal result in or expose people to potential impacts involving: a) Fault rupture7 [] [] [] [] b) Seismic ground shaking? [] [] [] [] c) Seismic ground failure, including liquefaction? [] [] [] [] d) Seiche, tsunami, or volcanic hazard? [] [] [] [] e) Landslides or mudflows? [] [] [] [] f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? [] [] [] [] g) Subsidence of land? [] [] [] [] h) Expansive soils? [] [] [] [] i) Unique geologic or physical features? [] [] [] [] 4. WATER - Would the proposal result in: a) Changes in absorption rates, drainage patterus, or the rate and mount of surface nmoff?. [] [] [] [] b) Exposure of people or property to water related h~zards such as flooding? [] [] [] [] c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? [] [] [] [] d) Changes in the mount of surface water in any water body? [] [] [] [] e) Changes in currents, or the course or direction of water movements? [] [] [] [] 3 Potentially Significant Potentially Unless Less than Significant Mitigation . Significant Impact Incorporated Impact No Impact 1D Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss ofgrotmdwater recharge capability? [] [] [] [] g) Altered diregtion or rate of flow of groundwater? [] [] [] [] h) Impacts to groundwater quality? [] [] [] [] i) Substantial reduction in the mount of groundwater otherwise available for public water supplies? [] [] [] [] 5. AIR QUALITY - Would the proposal: a) Violate any air quality standard or contribute to an [] [] [] [] existing or projected air quality violation? [] [] [] [] b) Expose sensitive receptors to pollutants? [] [] [] [] C) Alter air movement, moisture, or temperature, or cause any change in climate? [] [] [] [] d) Create objectionable odors? [] [] [] [] 6. TRANSPORTATION & CIRCULATION- Would the proposal result in: a) Increased vehicle trips or traffic congestion? [] [] [] [] b) H272rd$ to safety'from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) [] [] [] [] c) Inadequate emergency access or access to nearby uses? [] [] [] [] d) Insufficient parking capacity onsite or offsite? [] [] [] [] e) Hazards or barriers for pedestrians or bicyclists? [] [] [] [] f) Conflicts with adopted policies supporting alternative lransportation (e.g. bus turnouts, bicycle racks)? [] [] [] [] g) Rail, waterborne or air traffic impacts? [] [] []. [] 7. BIOLOGICAL RESOURCES- FFould theproposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally designated species (e.g., heritage ~ees)? 1'3' [] [] [] c) Locally designated natural communities (e.g., oak [] [] [] [] forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)9 [] [] [] ' [] · · [] e) Wildlife dispersal or migration corridors? S S S [] 8. ENERGY & MINERAL RESOURCES - ltzould the proposal: a) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and [] [] [] [] inefficient manner? [] [] [] [] c) Result in the loss of availability of a known mineral resource that would be of future value to the region? [] [] [] [] Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact 9. HAZARDS - Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticicles, chemicals, or radiation)? [] [] [] [] b) Possible interference with emergency response plan or emergency evacuation plan? [] [] [] [] c) The creation of any health hazard or potential health ha7~rd? [] [] '['3 [] d) Exposure of people to existing sources of potential e) Increased fare hazard in areas with timable brush, grass, or frees? [] [] [] [] 10. NOISE - F/ould the proposal result in: a) Increases in existing noise levels? [] [] [] [] b) Exposure of people to'severe noise levels? [] [] [] [] 11. PUBLIC SERVICES- Would the proposal have an affect upon, or resutt in a need for new or altered government services in any of the following areas: a) Fire protection? [] [] [] [] b) Police protection? [] [] [] [] c) schools? [] [] [] [] d) Maintenance of public facilities, including roads? [] [] [] [] e) Other government services? [] [] [] [] 12. UTILITIES & SERVICE SYSTEMS- rr'ould the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? [] [] [] [] b) Communications systems? [] [] [] [] -- c) Local or regional water lreatment or distribution facilities? [] '[] [] [] d) Sewer or septic tanks? [] [] [] [] e) Storm water drainage? [] [] [] [] f) Solid waste disposal?- [] [] [] [] g) Local or regional water supplies? [] [] [] [] 13. AESTI:YF. TICS- Would the proposal: a) Affect a scenic vista or scenic higlaway? [] [] [] [] b) Have .a demonsfrable negative aesthetic effect? [] [] [] [] c) Create light or glare? [] [] [] [] Potentially Significant Potentially Unless Less than Significant Mitigation Significant. Impact Incorporated Impact No Impact 14. CULTURAL RESOURCES- FFould the proposal?: a) Disturb paleontological resources? [] [] [] [] b) Disturb archaeological resources? [] [] [] [] c) Have the potential to cause a physical change which would affect unique ethnic cultural values? [] [] [] [] d) Restrict existing religious or sacred uses within the potential impact area? [] [] [] [] 15. RECREATION- .FFould the proposal: a) Increase the demand for nei~iborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities9 ~3 [] [] [] · [] [] [] 16. MANDATORY FIND~GS 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 o~ 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 prehLstory [] [] [] [] b) Does the project have the potential to achieve short-term to the disadvantage of long-term, environmental goals? [] [] [] [] c) Does the project have impacts that are individually limited, but cumulatively considerable? C'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 [] [] [] [] d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? [] [] [] [] E. EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. Attachment A Discussion of Environmental Evaluation TT15707, ZC98-004 & DtL98-002 · October 30, 1998 1. Land Use - A - "Potentially Significant Unless Mitigation Incorporated". B:D "No Impact" Planning Area A- Residential is approximately 3.5 acres in size.. Planning Area B- Commercial is approximately .3 acres in size. Both Planning Areas are designated as "Old Town Commercial" by the City's Land Use Element of the General Plan. This land use desiguation allows residential uses as part of any Planned Community (PC) District Regulations with Plarming Commission approval. Planning Area A is currently zoned Multiple Family Residential (R-3) which allows aparm'~ent u~ts as an ou~ght permitted use. Planning Area B-Commercial is currently zoned Central Commercial District (C-2) and is presently developed with 8,611 square feet of retail and restaurant floor area. Planning Area A-Residential is presently developed with 56 apartment units at a gross densiVy of 16 dwelling units per acre. The proposed project includes the complete demolition of the existing 56-apartment unit complex, including all structures and site improvements. New development proposed for the site includes the conslruction of 38 single family detached dwellings at a gross density of approximately 11 dwelling units per acre. The proposed density is approximately a 32 percent reduction over the existing density. No physical changes to the existing commercial development withLn Planning Area B is proposed at this time. To accommodate the proposed development, the applicant has requested a zone Change to change the zoning on the property from R-3 (Multiple Family Residential) and C-2 (Central Commercial District) to PC (Planned Community). Pursuant to City Code Section 9244, the approved development plan, along with the written standards which are proposed as "District Regulations" comprise the specific development standards and uses which would be used to govern the property. Source: Proposed Development plans Tustin General Plan, Land Use Element Tustin Municipal Code City of Tustin, Community Development Department Mitigation / Monitoring: All development shall comply with the approved development plans and the District Regulations approved in conjunction with Zone Change ZC 98-004 and Desigu Review DR 98-002, which addresses allowed uses, building height, building setbacks, parking requirements, and other site development standards, to ensure that the · development of the proposed 38 single family detached dwelling unit development would not have a significant effect on the neighborhood. Attachment A - Discussion of Environmental Evaluation TT15707, ZC98-004, DtL98-002 October 30, 1998 Page No. 2 2. Population & Housing '- A & B "No Impact", C "Potentially Significant Unless Mitigation Incorporated" - The proposed project is a' residential infill project and would not result in an increase in population. The site is currently developed with 56 apartment units which are proposed to be demolished and replaced with 38 single family detached dwelling units. The R-3 zoning designation indicates that the Multiple Family Residential designation would permits one unit per. 1,750 square feet of area. Based upon this rate, the existing apartment complex could have been 'expected to generate 84 units. Since the project is an infill project in an existing residential neighborhood, the project would actually reduce population density on the property and in the Surrounding area. The project site is located within the Town Center Redevelopment Project Area of the City. The proposed project is a residential infill project and would affect existing housing, but would not create aneed for additional housing beyond what is proposed to be constructed. The site is currently developed with 56 apartment units which are proposed to be demolished and replaced with 38 single family detached dwelling 'units. The proposed new construction. of 38 single-family detached dwelling units would offer new housing oppommities and eliminate a bli~hted condition within this portion of the City. The City's Housing Element has established a goal to "Increase the percentage of ownership housing to ensure a reasonable balance of rental and owner-occupied housing within the City" (Goal 3). The proposed project would directly achieve this goal by eliminating blighted apartment units and constructing new single family detached dwellings, which would offer individual ownership opportunities. Since this project site is within a Redevelopment Project Area, the issues related to the replacement housing and affordable housing must be addressed. Article 9 of the California Community Redevelopment Law Section 33410 et seq., requires redevelopment agencies to rehabilitate, develop or construct or cause to be rehabilitated, developed or constructed, low and moderate income dwelling u_n. its which are lost as a result of a redevelopmerit project or when persons are displaced as a result of the redevelopmerit proj oct. California Community Redevelopment Law Section 33413 requires that at least 15% of the units developed in the Project Area by public entities other th.an the Redevelopment Agency (including such entities receiving Agency assistance) must be affordable to low and moderate income persons and households. Of those units, 40% must be affordable to very low income households this (translates to a very low income requirements of 6% of the total units). The units must remain affordable for the longest time feasible, but for not less than the period of the longest time feasible, but for not less than the period of the land use controls established in the Redevelopment Plan, which would be enforced through CC&R's and. deed restrictions on the specific properties. In addition, Policy 1.4 of the Housing Element promotes dispersion and integration of housing for low and very low income families throughout a community as opposed to' within a particular geographic area or neighborhood. Attachment A -Discussion of Environmental Evaluation TT15707~ ZC98-004, DIL98-002 October 30, 1998 Page No. 3 Based upon the proposed 38 units, 6 units would need to be identified as affordable and located within the Project Area to satisfy the requirements of Redevelopment Law. The U.S. Department of Housing and Urban Development CHUD) publishes figsares which are the accepted standards to determine income eligibility requirements. Moderate income groups would be those households with incomes between 81% and 110% of area median; Low income groups between 51% and 80% of area median; and Very Low income groups below 50% of the area median. Based upon published HLrD fi=o-u.res as of 1998, the median income for a family of four in the Santa Ana/Orange area is $65,800. Based upon the median income, the affordable units would need to be affordable to those households of four with the incomes as follows: Moderate Income $ 72,38 0 (110% of median) Low Income $52,640 (80% of median) Very Low Income $32,900 (50% of median) 'These HUD fig'ures vary depending upon household size and are adjusted annually to reflect the change in median income over time. Source: City of Tustin, Community Development Department Tustin General Plan, Land Use Element Tustin General Plan, Housing Element California Redevelopment Law Tustin Comprehensive Affordable Housing Strategy U.S. Department of Housing and Urban Development Mitigation/Monitoring: The applicant shall be required to develop an affordable housing program in compliance with applicable provisions of California Community Redevelopment Law. Selected dwelling units to satisfy affordable requirements shall be dispersed throughout the Project Area so as to not concentrate the selected 'units in any one portion of the project based on Policy 1.4 of the General Plan Housing Element. Provisions shall be made in the CC&R's for the development and separate deed restrictions recorded on each selected property identifying the affordable housing program, including, but not limited to, income restrictions and time limits under the program. Details of the affordable housing program, as well as, provisions contained in the CC&R's and the separate deed restrictions, Shall be subject to the approval of the Community Development Department and City Attorney prior to the issuance of any permits for the project or approval of the final map which ever occurs first. Attacliment A -Discussion of Environmental Evaluation TT15707, ZC98-004, DtL98-002 October 30, 1998 Page No. 4 3. Geolo~oical Problems - A-E and G-I "No Impact". F - "Potentially Si~oni~cant Unless Mitigation Incorporated" The subject site is cun'ently developed with 56 apartment units and is relatively flat in its topographical features. The proposed development of the site would require the complete demolition of the existing improvements on the property, as well as, minor grading activity, compaction oft he soil, fill, and the overcovering of the soil to create'the new lots, building pads and private streets. Appropriate grading plans and soils reports would be required as part of the City's review and Building Permit plan check process. The site will not be impacted by any landslides, seiche, tsunami, volcanic action, erosion, or subsidence since note of these geological features are present on-site or in th~ vicinity. According to the City of Tustin General Plan there are no Alquist-Priolo Special Study Zones on or near the site. However, the site is subject to seismic shaking as a result of the site's proximity to regional fault lines such as the Newport-Inglewood Fault. Tustin is subject to expansive soils and liquefaction due to the high ground water table in the area. However, common construction practices such as removal and recompaction of the site soil and remedial grading will mitigate any potential impacts associated with geological conditions. Sources: Field Observations. Submitted Development Plans City of Tustin, General Plan City of Tustin, Community Development Department Mitigation / Monitoring: The following mitigation measures would be required to be satisfied prior to issuance of any building permits for the project: A. The applicant shall submit a soils report to the Building Division completed within twelve- (12) months prior at Building Permit Plan Check. B. The applicant shall submit grading plans identifying the scope of work at Building Permit Plan Check. All work shall be done in conformance with the Uniform Building Code, Grading Code and Grading Manual as required by the Building Official. 4. Water - A "Less Than Significant", B-E "No Impact" - The proposed project which is currently developed with 56 apartment units which are proposed to be demolished. New site improvements and structures would add impervious surfaces to the site which would alter drainage and nm-off patterns within the limits of the property. As proposed, the northern portion of Planning Area A would drain south toward the southern most comer of the Planning Area into a drainage easement. Drainage is then directed toward the public street. The adjacent commercial properties facing E1 Camino Real drain into a catch basin which directs drainage through a storm. drain and onto the Attachment A - Discussion of Environmental Evaluation TT15707, ZCPS-004, DtLg8-002 October 30, 1998 Pa~oe No. 5 subject site, continuing south as stated above. Further, the mount and direction of ~oundwater flow will not change. It is not anticipated that this project will substantially contribute to the drainage flow. The subject site is not located near any standing or moving bodies of water. AccorcHng to the Flood InSurance Rate Map, the property is located outside the 500-year flood zone. Therefore, the potential exposure to flooding is not anticipated. Sources: Field Observations City of Tustin, Community Development Department City of Tustin, Public Works Deparunent Flood Insurance Rate Map. Mitigation / Monitoring: The following mitigation measures would be required to be satisfied prior to issuance of any building permits 'for the project: A. The site will be designed so that all private street surface run-off is directed to and picked up by the storm drain system. B. All gading and drainage plans shall be subject to review and approval by the City of Tustin's Building Division and the Public Works Department to confirm compliance with Drainage Area Management Plan and Construction Standards for Private Streets, Storm Drains and on-site Private Improvements prior to consnmction. C. The applicant shall be required to obtain all applicable approvals and permits from the Orange County Flood Control District for connection to the existing flood control channel. D. The site shall be designed to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year and dedication of any necessary easements on the final map as required. All finish floor elevations of the dwellings shall be protected from the 100-year flood evaluation. E. All landscaping and irrigation shall be designed to be consistent with the City's Landscaping and Irrigation Guidelines which includes the use of landscaping timing devices to ensure watering efficiency. F. The applicant shall make use of water conserving plumbing fixtures throughout the building in accordance with Califomia Health and Safety Code Section 17921.3 Attachment A - Discussion of Environmental Evaluation TT15707, ZC98-004, DK98-002 October 30, 1998 Page No. 6 5. Air Qualit3/A. C, & D "No Impact" B "Potentially Significant Unless Miti,~ation Incorporated" The proposed project would not result in any substantial long-term emission or degradation to the existing ambient air quality, nor would it alter air movement, moistuze, temperature or cause any changes in climate. The construction of 38 single family detached units is below the Southern California Air Quality Management District's threshold of 166 units, for single family residential development. However, with the demolition of the existing improvements and the construction of the new improvements there may be short-term air quality pollutants such as dust particles, which will be emitted into the air. Conditions of approval will be required for the project to minimize construction activity dust generated as part of this project. No si~,_~nificant impacts are expected Sources: Submitted Development Plans City of Tustin, Community Development Department Mitigation/Monitoring: The applicant shall comply with the grading plan approvals with regard to dust control, which requires the applicant to apply water to the site as specified in the Grading Code and Grading Manual. This will be monitored by the Building Division when demolition and construction commences. 6. Transportation &' Circulation - A-G "No Impact" - Primary access to the development will be from 6th Street and E1 Camino Real. In the project vicirdty, 6th Street is classified as ~a "Local Street" and is currently operating at a Level of Service (LOS) "A", E1 Camino Real is. classified as a "Secondary Arterial" and is currently operating at a LOS of "A", and Newport Avenue is classified as a "Primary Arterial" and is operating at a LOS of "C'. The noted LOS was derived from the most recent Citywide Annual Average Daily Traffic (ADT) counts, performed in December of 1997. The busiest intersection within the vicinity is the Newport and E1 Cardno Real intersection which is currently operating at a LOS "C". Due to the reduction in housing units, the number of trips per day would not increase or negatively impact the LOS of the adjacent streets. Therefore, the City of Tustin Engineering Division determined that a Traffic Impact Report for the project would not be necessary. In summary, the project is estimated to generate approximately 380 vehicle trips per day. The City of Tustin Engineering Division has determined that the Newport/6th Street and the Newport/E1 Camino Real intersections will continue to operate at acceptable levels of service with the additional project traffic. However, policy 1.6 in the Circulation Element states that the City should continue to require dedication of fight-of-way and construction of street improvements on streets adjacent to construction projects at the developer's expense. City Code Section 7220 and 9372 would require the applicant to provide ultimate public improvements for the development. Attachment A- Discussion of Environmental Evaluation TT15707, ZC98-004, DtL98-002 October 30, 1998 Page No. 7 Based on the above information it is determined that the proposed project would not have a significant traffic impact upon the circulation system and would not have a significant impact to the area in the form of cumulative negative circulation impacts. Source: City of Tustin, Engineering Division Tustin General Plan, Circulation Element Traffic Impact Study Mitigation/Monitoring: Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. Any damage done to existing street improvements shall be repaired beforeissuance of a Certificate of Occupancy for any lots within the project. 7. Biological Resources - A-E "No Impact" - The project site is currently developed with 56 aparunent units. The subject site is located within an urban area and is currently not inhabited by any known species of animals. The existing development includes a variety of omamental landscaping which has been left in poor condition. There are no locally designated species or natural community of species of habitat nor wetland habitat. Since all existing improvements on the property will be demolished, new ornamental landscaping would be reestablished in the development to conform with the requirements of the City of Tustin~s Landscape and Irrigation Guidelines. The project would not have any impacts on the animal populations, diversity of species or migratory patterns. No endangered, threatened or rare species or their habitats exist within the subject site and therefore will not be negatively impacted from the proposed project. Sources: Field Observations Proposed Development Plans' Mitigation/Monitoring: All landscaping shall be designed, installed and maintained in accordance with the City's Landscape and Irrigation Guidelines. 8. Ener,o-v & Mineral Resources - A - C "No Impact" - The proposed project would not result in any significant change in the current use of energy given that the site is currently developed with 56 apartment units and new construction would include 38 single family detached dwelling units. However, new utility service would be required as is customary with new construction. Electrical' and gas capacities required for the project are existing and are adequate to serve the proposed project. Source: City of Tustin, Public Works Department Mitigation / Monitoring: The applicant shall consult with the various Utility companies which would provide service to the development to incorporate energy and water conserving systems and design features into the project. The Community Development Department shall review plans to assure all buildings comply with standards contained in Title 24 of the Uniform Building Code. Attachment A - Discussion of Environmental Evaluation 7715707, ZC98-004, DtL98-002 October 30, 1998 Page No. 8 9. Hazards - A - C - "No Impact". D & E - "Potentially Significant Unless Mitigation Incorporated" - The proposed project would not result in any significant risk of upset (i.e. explosion, etc.) ~ven the scope and nature of the proposed residential development. As mentioned in Item #4 above, exposure to flooding is not anticipated as the project site is located outside the 500-year flood zone. There is no area of fiEable brush proposed for the site. However, the proposal will include new landscaping which will include pass and trees. These will be subject to the property maintenance requirements within the City Code. 'The existing 56 unit apartment structure contains asbestos which will be removed and disposed of in accordance with Section 25163(c) of the California State Health and Safety Code. The proposed development would not in itself create conditions that negatively affect 'human health and should.not expose future residents to any potential health hazards. Source: Proposed Development Plans City of Tustirx, Community Development Department City of Tustin, Police Department Orange County Fire Authority Tustin City Code Mitigation / Monitoring: The following mitigation measures would be required to be satisfied prior to issuance of any building permits for the project: A. All construction shall be in accordance with applicable Uniform Building and Fire Codes. Such compliance shall be verified during the plan check process prior to the issuance of any Building permits and during conslruction. B. All construction shall comply with the District Regulation for the development which addresses building height, building setbacks, allowed uses, parking requirements and Other development standards. 10. Noise - A and B "Potential!v Significant Unless Mitigation Incorporated" - The proposed project would not add new noise sources into the area as the site is presently developed with 56 apartment units which generate a certain amount of noise from previous activities of the residents. The demolition and new construction of the proposed development will result in short term construction noise impacts, which will require compliance with the City's Noise Ordinance. Potential noise sources include vehicular traffic noise from 6th Street, E1 Camino Real,' Newport Avenue and aircraft overflights. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dBa CNEL in outdoor living areas and an interior standard of 45 dBa CNEL in all habitable rooms. Evidence Attachment A - Discussion of Environmental Evaluation TT15707, ZC98-004, DP,98-002 October 30, 1998 Page No. 9 prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. Source: City of Tustin, Community Development Department .Tustin General Plan, Noise Element Mitigation/Monitoring: A final acoustical analysis report describing the acoustical design features of the 'structures required to satisfy the exterior and interior noise standards shall be submitted to the Community Development Deparmaent for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. This would include design features to mitigate potential noise from 6th Street, H Camino Real, Newport Avenue and aircraft overfli~t. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. 1I. Public Services - A. B. D & E -"No Impact", C-"Potenfiallv Significant Unless Mitigation Incorporated"- The demolition of the existing 56 apartment unit complex and construction of 38 single family detached dwelling units would reduce the existing number of units. However, the schools within the vicinity and the school district operations may be potentially impacted with the addition of any new students. The project is not expected to impact any other public facilities, public service or governmental service. Source: City of Tustin, Community D.evelopment Department Tustin Unified School District Mitigation/Monitoring: The applicant shall pay' applicable School Impact Fees to the Tustin Unified School District, subject' to the provisions of any agreement reached between the applicant and the District. 12. ' Utilities & Service Systems - A - G "Potentially Significant Unless Mitigation Incorporated" - The proposed project would not result in any significant change in the current need for electricity, sewer, storm drain and water utilities given that the site is currently developed with 56 apartment units and new construction would include' 38 sign family detached dwelling units. However, new utility service would be required as is customary with new construction. Utilities required for the project are existing in the vicinity and are adequate to serve the proposed project. Source: City of Tustin, Public WorkS Department City of Tustin, Community Development Department Mitigation / Monitoring: The following mitigation measures would be required to be satisfied prior to issues of any building permits for the projects: A. All utilities exclusively serving the site shall be installed underground. Attachment A- Discussion of Environmental Evaluation TT15707, ZC98-004, DP,_98-002 October 30, 1998 Page No. 10 B. Mitigation Measures identified in Item #9 above shall be satisfied. 13. Aesthetics - A & B - "No Impact", C -"PotentiaIlv Significant Unless Mitigation Incorporated" - The property is currently developed with 56 apartment units. The property, site improvements, landscaping and structures, are in poor condition. Demolition of the existing site and structural improvements would remove a blighted condition within this neighborhood. The proposed development would include the construction of 38 two story, two and three bedroom, single-family detached dwelling units. The project would improve the aesthetics in the vicinity due to the construction of new units that are' compatible with Old Town Tustin. Details of the project include three different styles of architecture: Craftsman; Cottage; and Early Californian. These styles are present within the residential portions of 'Old Town". The colors and materials are traditionally consistent with the specific style of the structure and typically have stucco siding in earth tones, with accent colored shutters, railings, and balconies. The unit sizes range from 1,460 square feet to 1,800 square feet. New site improvements and landscaping would be provided. Specific 'District Regulations are proposed in conjunction with the zone change (ZC 98- 004) request which would establish consistent development standards such as allowed uses, building setbacks, building heights, parking requirements and other development standards. The proposed project would add new light and glare into the area. However, the site is presently developed with 56 apartment units which also generates light and glare from the lighting of the parking areas and buildings. Any exterior lighting that would be provided would comply with the City of Tustin Security Ordinance which in part requires a minimum of 1 foot-candle and .25 foot-candles of light to be illuminated in the parking areas and pedestrian areas respectively. In addition, standard sweet lighting in conformante with the City's Private Street Construction Standards would be required. The project site is not located on a scenic highway or in the vicinity of a scenic highway. Source: Proposed Development Plans Tustin Municipal Code Proposed District Regulations ' Field Observations City of Tustin Security Ordinance Mitigation/Monitoring: The following mitigation measures would be required to be satisfied prior to issuance of any building permits for the project: Attachment A - Discussion of Environmental Evaluation TT15707, ZC98-004, DtL98-002 October 30, 1998 Page No. 11 A. A1] new construction shall comply with the District Regq.tlation for the development which address building height, building setbacks, allowed uses, parking requirements and other development standards. B. Landscaping for the site shall be designed and installed consistent with .the 'City's Landscaping and Irrigation Guidelines, subject to approval of the Community Development Department. C. The applicant shall provide a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All exterior lighting shall be designed and arranged so not to direct light or glare onto adjacent properties. All lighting shall be developed to.provide a minirum of one (1) foot- candle of light coverage in parking areas and .25 foot-candles of light coverage in pedestrian areas, in accordance with the City's Security Ordinance. 14. Cultural Resources - A-D "No Impact" - The subject property is not located within the City's Cultural Resources Overlay District. The snmctures on the adjacent properties are not identified as part of the Cultural Resources District. There are no identified cultural, historic or archaeological resources identified on or around the site. Therefore, project will have no impacts on cultural resources. Source: City of.Tustin, Historical Resources Survey City of Tustin General Plan City of Tustin, Community Development Department Mitigation / Monitoring: None required. 15. Recreation - A - "Potentially Significant Unless Mitigation Incorporated", B - "No Impact" The project which includes residential use, could create a demand for additional recreation needs. Although the property is currently developed with 56 apartment units, residents Of single-family detached dwelling units typically have more recreational needs than that of apartment residents. The closest public park is Peppertree Park located on First Street, between "A" and "B" Streets, which is approximately .2 miles from the project site. In lieu fees to satisfy parkland dedication requirements are required to ensure that the project would have no impact on the quality of City wide recreation opportunities. Source: City of Tustin, Parks and Recreation Department Mitigation / Monitoring: In lieu fees to satisfy park land dedication requirements shall be provided for this development in accordance with the City Council Resolution No. 81- 7, or other applicable in lieu fees in effect at the time of issuance of building permits. - 16. Mandatory Findings of Significance - A-C - "No Impact": Attachment A - Discussion of Environmental Evaluation TT15707, ZC98-004, DK98-002 October 30, 1998 Page No. 12 As discussed above, the proposed project involves the demolition of 56 apartment units that are in blighted condition and the new construction of 38 single-family detached dwelling units. Based upon the responses to items 1-15 in this Initial Study, the review of City files, records and documents and the nature of the project, the project is not anticipated to significantly impact wildlife, fish, flora, fauna or cultural resources. As designed and conditioned, the project would not achieve short-term goals to the disadvantage of long-term environmental goals, specifically with regard to traffic and circulation, aesthetics and li~_ht and glare. In reference to the project backpound discussion provided herein, the project will not contribute to the demand individually and will have limited impacts cumulatively. As a result of the preparation of and as discussed in this Initial Study, mitigation measures have been identified and have either been implemented in the project's design or will become Conditions of Approval. Any potential impacts associated with this project have been mitigated to a level of insignificance. Sources: As previously stated. Mitigation/Monitoring: As previously stated.