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Home My WebLink AboutPC RES 4000A RESOLUTION NO. 4000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE FINAL NEGATIVE DECLARATION AND MAKING CERTAIN FINDINGS RELATING TO LARGE FAMILY DAY CARE 05-019, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. II. The Planning Commission finds and determines as follows: A. That Large Family Day Care 05-019 authorizing the establishment of a large family daycare home, caring for up to fourteen (14) children, at the residence located at 15711 S. Myrtle Avenue is a "Project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); B. That an Initial Study was prepared and concluded that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment; and therefore a Negative Declaration was prepared for the project; C. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20-day public review and comment period from August 25, 2005, to September 12, 2005, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; D. No comments were received on the Negative Declaration and a Final Negative Declaration was prepared but was not recirculated pursuant to Section 15073.5 of CEQA, because no new information was provided in the Final Negative Declaration; E. The Planning Commission of the City of Tustin has considered the Initial Study and Negative Declaration, the Final Negative Declaration, and oral and written input received during the public review process at the September 12, 2005, meeting. A. A Final Negative Declaration, which includes the Initial Study, attached hereto as Exhibit A, has been completed in compliance with CEQA and the State CEQA Guidelines. The Planning Commission finds that, on the basis of the record before it (including the initial study), there is no substantial evidence that the project will have a significant effect on the environment and that the proposed Final Negative Declaration reflects the City's independent judgment. B. The Planning Commission hereby adopts the Final Negative Declaration for the purpose of approving Large Family Day Care 05-019. Resolution No. 4000 Page 2 C. The record of proceedings upon which this decision is based is located at City Hall, 300 Centennial Way, Tustin, California, Attention: Director of Community Development. III. The Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 12th day of September, 2005. q;t/~~- ~ JOHN NIELSEN ) Chairperson ~~ LIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4000 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of September, 2005. ~¿~~~ ELIZABETH A. BINSACK Planning Commission Secretary COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Large Family Day Care (LFD 05-019) Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Matt West Phone: (714) 573-3118 Project Location: 15712 S. Myrtle Avenue Project Sponsor's Name and Address: Maria Del Carmen Hurtado 15712 S. Myrtle Avenue Tustin, CA 92780 General Plan Designation: Low Density Residential Zoning Designation: Single Family Residential (R1) Project Description: A request to establish a large family day care home for up to fourteen (14) children at an existing single family residence. Surrounding Uses: North: Single Family Residence South: Single Family Residence East: Single Family Residence West: Myrtle Avenue and Single Family Residence Other public agencies whose approval is required: ~ D D D Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other D D D City of Irvine City of Santa Ana Orange County EMA B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. D Aesthetics D Air Quality D Cultural Resources D Hazards & Hazardous Materials D Land Use/Planning D Noise D Public Services D Transportation/Traffic D Mandatory Findings of Significance D Agriculture Resources D Biological Resources D Geology/Soils D Hydrology/Water Quality D Mineral Resources D Population/Housing D Recreation D Utilities/Service Systems C. DETERMINATION: On the basis of this initial evaluation: IZI I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D I find that although the proposed project MA Y have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Preparer: Scott Reekstin Title Senior Planner at~ ,d ~¡/ Elizabeth A. Binsack, Community Development Director Date t:f.,ZS'-o-S 4) 5) 6) 7) 8) J) D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on 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. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures ITom Section XVII, "Earlier Analyses," may be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) b) Earlier Analysis Used. Identify and state where they are available for review. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. 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. c) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EV ALUA nON OF ENVIRONMENTAL IMP ACTS Less Than Significant Potentially With Less Than Significant Mitigation Significant I. AESTHETICS - Would the project: Impact Incorporation Impact No Impact a) Have a substantial adverse effect on a scenic vista? D D D ~ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? D D D ~ c) Substantially degrade the existing visual character or quality of the site and its surroundings? D D D ~ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? D D D ~ II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? D D D ~ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? D D D ~ c) Involve other changes in the existing environment which, due to the location or nature, could result in conversion of Farmland, to non-agricultural use? D D 0 ~ 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? D 0 0 ~ b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? D D 0 ~ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? D D D ~ d) Expose sensitive receptors to substantial pollutant concentrations? D D D ~ e) Create objectionable odors affecting a substantial number of people? D D D ~ Less Than Significant Potentially With Less Than Significant Mitigation Significant " --IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation Impact No Impact :I) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.s. Fish and Wildlife Service? 0 0 0 ~ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? 0 0 D ~ 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? 0 0 D ~ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? 0 0 0 ~ -~) Conflict with any local policies or ordinances protecting Jiological resources, such as a tree preservation policy or ordinance? 0 0 0 ~ f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 0 0 0 ~ V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? 0 0 0 ~ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? 0 0 0 ~ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 0 0 0 ~ d) Disturb any human remains, including those interred outside of formal cemeteries? 0 0 0 ~ VI. GEOLOGY AND SOILS: - Would the project: 1) Expose people or structures to potential substantial ldverse effects, including the risk of loss, injury, or death ,nvolving: Less Than Significant Potentially With Less Than Significant Mitigation Significant i) Rupture of a known earthquake fault, as delineated on the Impact Incorporation Impact No Impact --- 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. D D D ~ ii) Strong seismic ground shaking? D D D ~ iii) Seismic-related ground failure, including liquefaction? D D D ~ iv) Landslides? D D D ~ b) Result in substantial soil erosion or the loss of topsoil? D D D ~ 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 D D ~ d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? D D D ~ e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? D D D ~ 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? D D D ~ 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? D D D ~ 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 D D ~ 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? D D 0 ~ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? D D 0 ~ t) 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? D D 0 ~ Less Than Significant Potentially With Less Than g) Impair implementation of or physically interfere with an Significant Mitigation Significant ~ted emergency response plan or emergency evacuation Impact Incorporation Impact No Impact ? 0 D D t8J 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? D D 0 t8J VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? . D D D t8J 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)? D 0 0 t8J c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, ina manner which would result in substantial erosion or siltation on- or off-site? D D D t8J Substantially alter the existing drainage pattern of the site :ea, 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? 0 0 D. t8J e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? D D D t8J t) Otherwise substantially degrade water quality? D 0 0 ~ g) Place housing within a lOO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 0 0 0 ~ h) Place within a lOO-year flood hazard area structures which would impede or redirect flood flows? D D D ~ 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? D D 0 ~ j) Inundation by seiche, tsunami, or mudflow? D D 0 t8J Potentially impact stormwater runoff from construction 'ities? D D 0 t8J Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ~-~ I) Potentially impact storm water runoff ITom post- construction activities? D D D ¡g¡ m) Result in a potential for discharge of stormwater pollutants ITom areas of material storage, vehicle or'equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? D D D ¡g¡ n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? D D D ¡g¡ 0) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? D D D ¡g¡ p) Create significant increases in erosion of the project site or surrounding areas? D D D ¡g¡ IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? D D D ¡g¡ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? D D D ¡g¡ c) Conflict with any applicable habitat conservation plan or natural community conservation plan? D D D ¡g¡ 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? D D D ¡g¡ 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? D D D ¡g¡ 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? D D 0 ¡g¡ b) Exposure of persons to or generation of excessive ~i ! groundbome vibration or groundbome noise levels? D D 0 ¡g¡ Less Than Significant Potentially With Less Than Significant Mitigation Significant -~) A substantial permanent increase in ambient noise levels Impact Incorporation Impact No Impact in the project vicinity above levels existing without the project? 0 0 0 ~ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 0 ~ 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? 0 0 0 ~ 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? 0 0 0 ¡g¡ XII. PO PULA TION 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)? 0 0 0 ¡g¡ b) Displace substantial numbers of existing housing, . -necessitating the construction of replacement housing ~lsewhere? 0 0 0 ¡g¡ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 0 ~ 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? 0 0 0 ¡g¡ Police protection? 0 0 0 ¡g¡ Schools? 0 0 0 ~ Parks? 0 0 0 ~ Other public facilities? 0 0 0 ¡g¡ Less Than Significant XIV. RECREATION - Potentially With Less Than Significant Mitigation Significant a) Would the project increase the use of existing Impact Incorporation Impact No Impact neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? D D D [8J 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? D D 0 [8J XV. TRANSPORT A TION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? D D 0 [8J b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? D D D [8J 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 D D [8J d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? D D D [8J e) Result in inadequate emergency access? D D D [8J f) Result in inadequate parking capacity? D D D [8J g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? D D D [8J XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? D D D [8J 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? D D D [8J 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 D D [8J Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 0 0 0 [gJ e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 0 D [gJ t) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 0 0 D [gJ g) Comply with federal, state, and local statutes and regulations related to solid waste? 0 0 0 [gJ h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? 0 0 0 [gJ 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? 0 0 0 [gJ b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 0 0 0 [8J c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 0 0 0 [gJ ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS LARGE FAMILY DAY CARE PERMIT 05-019 15712 S. MYRTLE AVENUE BACKGROUND The subject application for LFD 05-019 proposes to establish a large family day care for up to fourteen (14) children in an existing single family home located at 15712 S. Myrtle Avenue. The property is located within the Single Family Residential (R-1) Zoning District and is designated as Low Density Residential in the Tustin General Plan. A Large Family Day Care Permit is required pursuant to Tustin City Code Section 9223.a.6. The large family day care proposes to provide day care for preschool and school age children on weekdays from 7:00 a.m. to 6:00 p.m. The facility will not have any employees that are not living at the property. AESTHETICS Items a throuah d - No Impact: The project is located in a single family residence and does not include any proposed development or construction. Therefore the existing visual character - and quality of the site and its surroundings would not be affected. The project site is not located on . a scenic highway nor does it affect a scenic vista. The project does not include any new exterior lighting. Mitigation Measures/Monitoring Required: None Required. Sources: Field Inspection Project Application Tustin City Code AGRICULTURAL RESOURCES Items a throuah c - No Impact: The property is currently improved with a single family dwelling, and no new development or construction is proposed. No agricultural resources exist on-site. Therefore, the proposed project would not have any impacts to agricultural resources. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Field Inspection Project Application --AIR QUALITY Items a throuqh e - No Impact: The project is located in a single family residence and does not include any proposed development or construction. Therefore, the project would not generate any construction emissions. The operation of a large family day care has the potential to generate a total of 50 net daily trip ends, based on trip rates provided in Trip Generation published by the Institute of Transportation Engineers (ITE). The projected increase of 50 trips would not have a significant impact on air quality. As such, the proposed project will not conflict with or obstruct implementation of any applicable air quality plan, contribute substantially to an existing or projected air quality violation, result in a cumulatively considerable increase of any criteria pollutant as applicable by Federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. Mitigation Measures/Monitoring Required: None Required Sources: Project Application Field Inspection Public Works Department, Traffic Division analysis 310LOGICAL RESOURCES Items a throuqh f - No Impact: The property is currently developed with a single family dwelling, and the project does not include any proposed development or construction. The project area is not identified as a federal, state, or local protected wetland, and no standing water or riparian or wetland species are apparent on the property. No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies or regulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service will occur as a result of this proposed project. Therefore, no impact will occur to endangered, threatened or rare species or habitats, locally designated species or natural communities, or wildlife dispersal or migration corridors. The project site has no significant plant or animal species present on site and there are no biological resources located on site. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Project Application Tustin City Code CULTURAL RESOURCES Items a throuah d - No Impact: This project is not an historical resource or within an area identified as an archaeological site. The project does not include any proposed development or construction. Therefore, there would be no disruption to any paleontological resource, geological feature, or cemeteries. Mitigation Measures/Monitoring Required: None Required Sources: Tustin Historical Resources Survey Report Project Application Tustin City Code Tustin General Plan GEOLOGY & SOILS Items a throuah d - No Impact: The existing single family residence is located within an area that may subject people or structures to strong seismic ground shaking and seismic-related ground failure including liquefaction. However, the project does not include any proposed development or construction and there would not be any disruption to the soil. The project site is not located within an area on the Alquist-Priolo ~- Earthquake Fault Zoning Map. The project is also not located in a hillside area; therefore, landslides are not possible. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Tustin City Code Project Application HAZARDS & HAZARDOUS MATERIALS Items a throuah h - No Impact: Use of the residence for the proposed large family day care is not anticipated to result in exposure to hazardous substances, other than the possibility of materials associated with household hazardous wastes, or interfere with emergency response or evacuation. The proposed project would not include the use of any hazardous substances. The property is within a developed urban area and is not within two (2) miles of an air strip or any wildlands. Mitigation Measures/Monitoring Required: None Required. Sources: Uniform Building and Fire Codes Project Application Tustin General Plan Airport Environs Land Use Plan HYDROLOGY & WATER UALITY Items a thouqh p - No Impact: The project is not located in a flood hazard zone and does not include any proposed development or construction and, therefore, would not expose people or property to water related hazards such as flooding, change the course or direction of waters movements, affect the quantity or recharge of groundwaters, impact stormwater runoff, affect the beneficial uses of the receiving waters, increase flow velocity or volume of storm water runoff, exceed the capacity of an existing storm drain, degrade water quality, or create erosion. The project site will not expose people or structures to a significant risk of loss, injury, or death as a result of the failure of a levee or dam, or by inundation by seiche, tsunami, or mudflow. As such, the project will not violate any water quality standards or waste discharge requirements or degrade water quality in the area. Mitigation Measures: None Required. Sources: Field Inspection Project Application Tustin City Code California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 Federal Insurance Rate Map LAND USE PLANNING Items a throuqh c - No Impact: The subject property is designated by the Tustin General Plan Land Use Map as Low Density Residential and is located in the Single Family Residential (R- ,1) zoning district. The proposed use is consistent with a residential use and with the applicable land use and zoning regulations. The proposed project will not divide an established community since it would be in an existing residence located among single family dwellings in an urbanized area. The proposed project is not located in a conservation plan or natural community conservation plan area. Mitigation Measures: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Map MINERAL RESOURCES Items a & b - No Impact: The property is currently developed with a single family dwelling, and the project does not include any proposed development or construction. The operation of a large family day care home is an accessory residential use and will not use nonrenewable resources in a wasteful or inefficient manner. Mitigation Measures/Monitoring Required: None Required Sources: Project Application Tustin City Code Tustin General Plan NOISE Items a throuqh d- No Impact: The project is located in a single family residence and does not include any proposed development or construction. Therefore, the project would not generate any construction noise. The Tustin City Code requires that the operation of large family day care homes not exceed the noise levels in the City of Tustin Noise Ordinance. The play yard area for the children would be located within the backyard of the single-family residence. The large family day care operation c-- complies with the Tustin City Code by design, location, and layout. The facility, when operated in accordance with the Noise Ordinance and project conditions that limit the business hours and the hours of outdoor play to between 7:00 a.m. and 6:00 p.m. on weekdays only, is not anticipated to create adverse noise impacts which would constitute a nuisance to neighboring properties. In addition, noise created by traffic to the project will not significantly exceed the noise created by existing traffic on Myrtle Avenue. According to studies prepared by the Illinois Department of Transportation, noise is measured on a logarithmic scale and two (2) sources of equal noise added together result in an increase of 3 dBA. The Department further indicates that a 3 dBA change in noise levels is not typically perceived by persons with average hearing. Therefore, doubling traffic volumes will increase the noise level by 3 dBA. Since the project would at no time double traffic on Myrtle Avenue, any traffic noise created would be absorbed within the existing noise created by existing vehicle traffic on the street and could not be detected by persons with reasonable auditory perception. Therefore, no additional significant traffic noise will be created by the project. The project is not located in close proximity to any airports. Standard building techniques will provide sufficient indoor insulation to prevent children and employees from being exposed to air traffic noise. Mitigation Measures/Monitoring Required: None Required --- ------- - - ~------------------ Sources: Project Application Tustin City Code Tustin General Plan Illinois Department of Transportation POPULATION & HOUSING Items a throuoh c - No Impact: The property is currently developed with a single family dwelling, and the project does not include any proposed development or construction. The project will not induce population growth or displace existing housing. Rather, the use of the existing single family home would continue to occur. Mitigation Measures/Monitoring Required: None Sources: Project Application Tustin City Code Tustin General Plan PUBLIC SERVICES Item a - No Impact: The proposed project is in an existing urbanized area where fire and police protection are currently provided and can accommodate the large family day care use. The use would not have an impact on school district facilities within the Tustin Unified School District in that the use provides day care to preschool age children and to school age children when school is not in session. The use is not anticipated to generate additional parkland needs in that all outdoor activities for the use will occur on-site. Mitigati~n Measures/Monitoring Required: None I Source$: Project Application i Tustin City Code . Tustin General Plan ~ . Items aand b - No Impact: The proposed large family daycare home has a sufficient play yard area for the children and will not impact existing recreational facilities in the neighborhood. Mitigation Measures/Monitoring Required: None Required Sources: Project Application Tustin City Code Tustin General Plan TRANSPORT A TION/TRAFFIC Item a - No Impact: A 24-hour traffic count on Myrtle Avenue between McFadden Street and Medallion Avenue, dated August 23, 2005 indicates a two-way traffic volume of 1468 vehicles. As a two lane local street, Myrtle Avenue is well within the capacity of the street. The trip generation for the proposed daycare facility is estimated to be 60 trip ends per day, which is 50 trip ends more than a single family residence. Daycare traffic generated during normal AM and PM peak hours is estimated at 11 trip ends for each peak hour. See the attached "Trip Generation Analysis." Therefore, the City Traffic Engineer has determined that the traffic generated from the proposed daycare facility is not anticipated to impact the daily traffic operation of Myrtle Avenue. Sources: Project Application Public Works Department, Traffic Division Trip Generation Data (Attached) Public Works Department, Traffic Division Trip Generation Analysis (Attached) Public Works Department, Traffic Division Trip Generation Conclusions (Attached) Tustin General Plan Items b - q - No Impact: The proposed project does not exceed, either individually or cumulatively, the level of service established for the immediate vicinity of Myrtle Avenue, in that as confirmed by the Public Works Department, Traffic Division, there is sufficient capacity on Myrtle Avenue to accommodate the proposed and existing uses. In the immediate vicinity of the proposed large family day care, there is no vacant land, and no new or intensified uses are in review or are anticipated in the near future. Single family residences are well established along the street. The existing uses on the street are considered to be close to the maximum development thresholds established by the General Plan Land Use Element, yet the acceptable level of service for Myrtle Avenue would not be exceeded even with the proposed project. The proposed project will not cause changes to air traffic patterns or cause any changes to the public right-of-way that could cause road hazards. Although there is only one street serving the site, the proposed project would not prevent emergency vehicle access to the site as determined during the plan review process by the Orange County Fire Authority. Tustin City Code Section 9223(a)(6)0) requires one off':'street parking space for each non-resident employee and allows drop-off and pick-up areas on-site and immediately adjacent to the site. --- There is a two car garage and a driveway which can accommodate two vehicles. In addition, the existing curb between the project site driveway and the adjacent property access is of sufficient length to allow about four to five vehicles to park at the curb. As such, no impacts to parking are anticipated. Also, along this section of Myrtle Avenue sidewalk is adjacent to the curb, which facilitates vehicle entry/exit on the passenger side. The applicant has indicated that drop-off and pick-up times vary in fifteen minute intervals. Typically, between 7:00-8:30 am and 2:00-6:00 pm times for drop off vary. Based on the current operations, it is anticipated that not all fourteen (14) children would arrive or depart at the same time and sufficient parking will be available. The project does not conflict with adopted policies, plans, or programs supporting alternative transportation such as bus turnouts or bicycle racks in that bus turnouts exist on nearby streets and no aspect of the project prevents alternative transportation from being implemented. Mitigation Measures/Monitoring Required: None Required. Sources: Project Application Tustin City Code Public Works Department, Traffic Division analysis Tustin General Plan UTILITIES & SERVICE SYSTEMS Items a - a - No Impact: The property is currently developed with a single family dwelling, and the project does not include any proposed development or construction. The project has utilities and, therefore, would not result in an impact on the existing utility systems. Mitigation Measures/Monitoring Required: None Required. Sources: Project Application Tustin City Code Tustin General Plan MANDATORY FINDINGS OF SIGNIFICANCE Items a. b & c - No Impact: As described under each topic, the operation of the proposed large family day care is not anticipated to result in any significant impacts. 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. The project does not have impacts that are individually limited but cumulatively considerable or that will cause substantial adverse. impacts on human beings. No mitigation measures are required for the project. Sources: Project Application Tustin City Code Tustin General Plan S:ICddlScottlEnvironmental EtcILFD 05-019 INITIAL STUDY.doc -. -~,-,"-~--'---'~---" Inter-Com DATE: AUGUST 25.2005 SCOTT REEKSTIN,SENIOR PLANNER TERRY LUTZ, PRINCIPAL ENGINEE~ PROPOSED DAYCARE FACILITY WITHIN AN EXISTING SINGLE FAMILY HOME AT 15712 S. MYRTLE AVENUE; CUP 05-019, ADDITIONAL INFORMATION FOR PLAN CHECK #05-019E TO: FROM: SUBJECT: Pursuant to your request, Traffic Engineering has taken traffic counts to provide additional analysis of the proposed daycare facility to be located within an existing single family residence at 15712 Myrtle Avenue. The project is indicated to have up to 14 students. Based on the submittal and a field review we have the following traffic related comments: 1. A 24-hour traffic count on Myrtle Avenue between McFadden Street and Medallion Avenue dated August 23,2005 indicates a two-way traffic volume of 1468 vehicles. As a two lane local street, Myrtle Avenue has a capacity of about 9,000 vehicles per day, so existing traffic on Myrtle Avenue is well within the capacity of the street. 2. As indicated in our previous analysis, trip generation for the proposed daycare facility is estimated to be 60 trip ends per day, which is 50 trip ends more than a single family residence. Daycare traffic generated during normal AM and PM peak hours is estimated at 11 trip ends for each peak hour. See the attached "Trip Generation Analysis". Therefore, traffic generated from the proposed daycare facility is not anticipated to impact the daily traffic operation of Myrtle Avenue. Thank you for the opportunity to review and comment on this proposed project. If you have any questions, please contact me. Attachment c: Doug Anderson Steve Sasaki Katy Lee S:\Terrv\Development Review\2005\15712 Myrtle, add'¡ info.doc Table 1 TRIP GENERATION ANALYSIS 15712 S. Myrtle Avenue AM Peak Hour PM Peak Hour LAND USE UNITS Daily In Out In Out Trip Generation Rates: - Day Care Per Student 4.48 0.42 0.38 0.39 0.43 - Residence, Single Family PerTSF 9.57 0.19 0.56 0.64 0.37 Trip Ends Generated: - Day Care 14 Students 60 6 5 5 6 - Residence, SFDU One -10 -Nom -1 -1 Nom Net Trip Ends Added 50 6 4 4 6 Note: Trip rates were referenced from Trip Generation, Seventh Edition published by the Institute of Transportation Engineers (ITE). The daily trip end totals were rounded to the nearest 10. S:\Terry\Deveiopment Review\2005\15712 Myrtle, add' info.doc TRAFFIC DATA SERVICES, INC. LOCATION CCDE 08511.001 '."."".'...~'.....'...'.**..'..¿'.....*""."""'.AAAA...................................*.*....*................. LOCATION - KYRTLS-8TN MCFADDEN/MEDALLION AVEUI;ED VOLUMES FOR. 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