HomeMy WebLinkAboutCC RES 21-12DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
RESOLUTION NO. 21-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED
NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING
PROGRAM PREPARED FOR GENERAL PLAN AMENDMENT 2019-00001 TO
CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM
COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR
PROPERTIES LOCATED AT 1042 SAN JUAN STREET AND 1052 SAN JUAN
STREET AND DESIGN REVIEW 2019-00019 FOR CONSTRUCTION OF FOUR
(4) DWELLING UNITS WITHIN TWO (2) DUPLEX BUILDINGS, ONE (1)
DETACHED SINGLE FAMILY RESIDENCE AND PRESERVATION OF ONE (1)
EXISTING RESIDENTIAL HISTORIC RESOURCE FOR A TOTAL OF SIX (6)
RESIDENTIAL UNITS ON AN APPROXIMATELY 18,857 SQUARE -FOOT SITE
LOCATED AT 1042 SAN JUAN STREET.
The City Council of the City of Tustin does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for General Plan Amendment (GPA) 2019-00001
and Design Review (DR) 2019-00019 was filed by Baray Karim of 7
Design+Development on behalf of Christopher Kellstrom requesting
authorization to change the General Plan Land Use Designation from
Community Commercial (CC) to High Density Residential (HDR) and to
allow the construction of two (2) duplex buildings, one (1) detached single
family residence and preserve an existing single-family residential historic
resource on a 18,857 square foot site located at 1042 San Juan Street.
1052 San Juan Street is included in this application by the City of Tustin for
General Plan consistency and amendment only; no construction is
proposed at 1052 San Juan Street;
B. That the Development Application requests the following approvals:
• GPA 2019-00001 to amend the General Plan Land Use Designation from
Community Commercial (CC) to High Density Residential (HDR).
• DR 2019-00019 for the building design and site layout at 1042 San Juan
Street.
C. That the City prepared an Initial Study to evaluate the potential environmental
impacts associated with the project. Since identified potential significant
impacts can be reduced to a level of insignificance with mitigation measures,
a draft Mitigated Negative Declaration (MND) was prepared;
Resolution 21-12
Page 1 of 4
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
D. That a Notice of Intent to Adopt an MND was published and the MND and
Initial Study were made available for a twenty (20) day public review and
comment period from January 7, 2021 to January 27, 2021, in compliance
with Sections 15072 and 15105 of the State CEQA Guidelines;
E. That public comments were received and the Final MND, which includes the
Initial Study, Mitigated Negative Declaration and the public comments are
attached hereto as Exhibits A and B;
F. That whenever a lead agency approves a project requiring the implementation
of measures to mitigate or avoid significant effects on the environment, CEQA
also requires a lead agency to adopt a Mitigation Monitoring and Reporting
Program (MMRP) to ensure compliance with the mitigation measures during
project implementation;
G. That the City is the lead agency on the project and the City Council is the
decision-making body for the proposed project;
H. That a public hearing was duly called, noticed, and held for GPA 2019-00001
and DR 2019-00019 on February 9, 2021, by the Planning Commission;
That the Planning Commission has considered the Initial Study/MND, the
public comments received during the public review process, and the MMRP
attached hereto as Exhibits A, B and C. Following the hearing, the Planning
Commission adopted Resolution No. 4420, recommending that the City
Council find the Initial Study/MND, attached hereto as Exhibit "A", the public
comments received during the public review process attached hereto as
Exhibit "B", and Mitigation and Monitoring Reporting Program attached
hereto as Exhibit "C" adequate for GPA 2016-01 and DR 2019-00019 and
adopt the MND and the MMRP;
That a public hearing was duly called, noticed, and held on said application
on March 2, 2021, by the City Council; and
K. That in accordance with the provisions of the California Environmental Quality
Act (CEQA), the checklist has been considered and found to be complete and
adequate prior to approving the project as proposed.
That the City Council hereby adopts the final MND and MMRP, attached hereto
as Exhibits A, B and C adequate for GPA 2019-00001 and DR 2019-00019 and
adopt the MND and MMRP for the proposed GPA and development of two (2)
duplex residential structures, one (1) detached single-family residence and
preservation of one (1) existing residential historic resource structure for a total
of six (6) residential units on an 18,857 square foot parcel at 1042 San Juan
Street.
Resolution 21-12
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DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
III. That the facts and reasons for said recommendation of adoption of the Initial
Study/MND and MMRP are hereby found and declared to be as follows:
The City Council, as a result of its consideration and evidence presented at the
hearing on this matter, determined that, as required pursuant to CEQA and the
State CEQA Guidelines, the MND and MMRP adequately address the
expected environmental impacts of the project. On the basis of this review, the
City Council finds that there is no evidence from which it can be fairly argued
that the project will have a significant adverse effect on the environment.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting
on the 2nd day of March, 2021.
DocuSigned by:
LEtMXCLARK,
Mayor
ATTEST:
DocuSigned by:
`LV'iCa aStti�,a
ER-AN141rASUDA,
City Clerk
Resolution 21-12
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DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, does hereby certify that the whole number of the members of the City Council
of the City of Tustin is five; that the above and foregoing Resolution No. 21-12 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day
of March, 2021, by the following vote:
COUNCILMEMBER AYES: Clark, Lumbard, Cooper, Gallagher, Gomez (5)
COUNCILMEMBER NOES: (0)
COUNCILMEMBER ABSTAINED: (0)
COUNCILMEMBER ABSENT: (0)
Fl ;
DocuSigned by:
, qa.Stti '
ERI "° 60YA48UDA,
City Clerk
EXHIBIT A: Initial Study/Mitigated Negative Declaration
EXHIBIT B: Outside Agency Comments
EXHIBIT C: Mitigation Monitoring and Reporting Program
Resolution 21-12
Page 4 of 4
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
EXHIBIT A OF RESOLUTION 21-12
INITIAL STUDY / MITIGATED NEGATIVE DECLARATION
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
T STI
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(794) 573-3900
alrlLT31N..OUR FUT41tr INITIAL STUDY I MITIGATED NEGATIVE DECLARATION
a°"""'" OUR.rxsr 1042 SAN JUAN STREET AND 1052 SAN JUAN STREET
DESIGN REVIEW (DR) 2019-00019
GENERAL PLAN AMENDMENT (GPA 2019-00001)
January, 2021
A. BACKGROUND
Project Title:
Lead Agency:
Contact Person and phone number:
Kiba Residential Project
City of Tustin, 300 Centennial Way, Tustin, California 92780
Elaine Dove, AICP, RLA, Senior Planner
(714) 573-3136
edove@tustinca.org
Project Location: The project site is 1042 San Juan Street, in the City of Tustin,
1052 San Juan Street is included for General Plan Amendment for
consistency only.
Project Sponsor's Name and Address:
General Plan Land Use Designation
Zoning Designation:
Project Description:
Christopher Kellstrom, 1042 San Juan Street, Tustin, CA 92780
Current: Community Commercial (CC)
Proposed: High Density Residential (HDR)
Existing: Multiple Family Residential District (R3)
Proposed: No Change
The Kiba Residential Project proposes infill construction at 1042 San Juan Street of a detached 2 -story
residential structure and two (2) three (3) story duplex buildings each with their own two -car garages on property
improved with one (1) existing residential structure for a total of six (6) residential units on an 18,857 square foot
(0.41 acre) lot. Development of the site will preserve a 1,608 square -foot residential historic resource constructed
in 1907 and an existing detached two -car garage serving the historic resource. The discretionary actions required
to allow for the development of the multi -family residential project are as follows: General Plan Amendment (GPA
2019-00001) to change the General Plan Land Use Designation from Community Commercial (CC) to High
Density Residential (HDR) and Design Review (DR -2019-00019) to evaluate the design and layout and aesthetic
impacts of the proposed project.
The project also includes a General Plan Amendment for property located at 1052 San Juan Street to bring this
property into General Plan conformity only. No construction is proposed for 1052 San Juan Street.
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
The project would be constructed in a single phase, and lasting approximately six months. -Construction would
include site preparation, grading, trenching, construction, paving and architectural treatments. For a breakdown
of the construction schedule, refer to the California Emissions Estimator Model (CaIEEMod) air quality modeling
outputs provided in Appendix A.
The project site is located in a highly urbanized part of the City. The mix of land uses surrounding the Project
Site consist of commercial uses and medium to high density residential.
Surrounding Land Uses and Setting: North: Planned Community Commercial, Multi -family residential
South: Community Commercial, Multi -family residential
East: Community Commercial, Multi -family residential
West: Community Commercial
Other public agencies whose approval is required:
Agency
Permit or Approval
Tustin Building Division
Grading Permits, Building Permits
Tustin Public Works
Encroachment permits, Storm Drain Connection approval; Water Quality
Department
Management Plan; WRRP,
Orange County Fire
Building Plan check and approval. Review for compliance with 2019
Authority
California Fire Code, 2019 California Building Code, California Health &
Safety Code and Tustin Municipal Code. Plans for fire detection and alarm
systems and automatic sprinklers.
Southern California Edison
Letter of authorization/consent for proposed improvements to provide
electrical supply connection to proposed development.
Southern California Gas
Letter of authorization/consent for proposed improvements to provide gas
Co.
supply connection to the proposed development.
CR&R Environmental
Will Serve letter for waste management service,
Services
Attachments:
Figure 1:
Regional Location Map
Figure 2:
Local Vicinity Map
Figure 3:
Project Vicinity Map
Figure 4:
Proposed Site Plan and Surrounding Uses
Figure 5:
Proposed Elevations
Appendices:
Appendix A: California Emissions Estimator Model (CaIEEMod)
Appendix B: Transportation Noise Analysis for Kiba Residential Complex dated October 14, 2020
Appendix C: City of Tustin Historic Resources Survey Excerpts for 1042 San Juan Street (1990 and 2003)
21 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
PURPOSE OF THE INITIAL STUDY;
This Initial Study has been prepared in accordance with the following:
• California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Sections 21000 et
seq.)
• California Code of Regulations, title 14, Division 6, Chapter 3 (State CEQA Guidelines, Secons
15000 et seq.); and
Pursuant to CEQA, this Initial Study has been prepared to analyze the potential for significant impacts on the
environment resulting from implementation of the proposed residential development and associated General
Plan Amendment. As required by State CEQA Guidelines Section 15063, this Initial Study is a preliminary
analysis prepared by the Lead Agency, the City of Tustin, in consultation with other jurisdictional agencies, to
determine if a Mitigated Negative Declaration or an Environmental Impact Report is required for the project.
This Initial Study informs City decision makers, affected agencies, and the public of potentially significant
environmental impacts associated with the implementation of a project. A "significant effect" or "significant
impact" on the environment means "a substantial, or potentially substantial, adverse change in any of the physical
conditions within the area affected by the project" (Guidelines, §15382)
Given the project's scope, combined with previous analyses and current information about the site and environs,
the City's intent is to adhere to the following CEQA principles:
• Provide meaningful early evaluation of site planning constraints, service and infrastructure requirements,
and other local and regional environmental considerations. (Pub. Res. Code §21003.1)
• Encourage the applicant to incorporate environmental considerations into project conceptualization,
design and planning at the earliest feasible time. (State CEQA Guidelines §5004[b][3]
• Specify mitigation measures for reasonably foreseeable significant environmental effects, and commit
the City and applicant to future measures containing performance standards to ensure their adequacy
when detailed development plans and applications are submitted. (State CEQA Guidelines §15126.4)
PROJECT LOCATION:
Regional
The City of Tustin is located in central Orange County and encompasses an area of 11.08 square miles. The
City is bounded on the south by the cities of Irvine and Santa Ana, on the north by the unincorporated portions
of the County of Orange and the City of Orange, and on the east by unincorporated County territory and the City
of Irvine. Within the context of the larger Southern California region, Tustin is located approximately two miles
north of Orange County's John Wayne Airport and is transected by two major regional freeways: 1-5 (Santa Ana
Freeway), divides the City into north and south; and the SR -55 (Costa Mesa) Freeway, divides westerly portions
of the City. See Figure 1, Regional Location Map.
Local.
The proposed project site is located at 1042 San Juan Street. 1052 San Juan Street is included in this application
for the General Pian Amendment only. 1042 San Juan Street is a rectangular shaped lot and is surrounded by
a commercial development to the east, and multi -family residential uses to the north, south and west.
3IPage
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
9042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019) City of Tustin
Kiba Residential Project
1042 San Juan Street Tustin, CA
1052 San Juan Street (General Plan
Amendment only)
41 Page
Figure 1
Regional Location Map
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019.00019) City of Tustin
Kiba Residential Project
1042 San Juan Street Tustin, CA
1052 San Juan Street (General Plan
Amendment only)
5 1 P a g e
Figure 2
Local Vicinity Map
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
Project Site: 1042 San Juan Street, Tustin, CA
1052 San Juan Street Project Site; 1042 San Juan Street, Tustin, CA
General Plan Amendment Only DR -2019-00019 — GPA 2019-00001
GPA -2019-00001.
Kiba Residential Project
1042 San Juan Street Tustin, CA
1052 San Juan Street (General Plan
Amendment only)
71 Page
Figure 4
Site Photographs (Existing)
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019) City of Tustin
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81 P a g e Kiba Residential Project
1042 San Juan Street, Tustin, CA
Figure 5
Site Plan & Adjacent Structures
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019) City of Tustin
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Exis f'. l,f5r�.aie:€iL..,.....-..................,,,.........._.........�..._.. p�h, BLG'(�. iYi ;= i.'
Proposed Front Elevation
I I WVWIPa1%.4 IIIil IVI VIIJG LIGYQ1,14111
Kiba Residential Project
1 042 San Juan Street, Tustin, CA
Figure 6
Exterior Elevations
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001 /DR 201900019)
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
City of Tustin
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 on the following pages.
❑ Aesthetics
❑ Biological Resources
® Geology /Soils
❑ Hydrology I Water Quality
❑ Recreation
❑ Utilities / Service Systems
DETERMINATION:
On the basis of this initial evaluation:
❑
Agriculture and Forestry
❑
Resources
®
Cultural Resources
❑
Greenhouse Gas
❑
Emissions
❑
Land Use 1 Planning
❑
Population I Housing
❑
Transportation/Traffic
❑ Wildfire
❑ Air Quality
❑
Energy
❑
Hazards & Hazardous
Materials
❑
Mineral Resources
❑
Public Services
®
Tribal Cultural
Resources
❑ -Mandatory Findings of
Significance
❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
® I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
❑ I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
101 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1062 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019) City of Tustin
® 1 find that although the project could have a significant effect on the environment, there will not be a
significant effect in this case because revisions int eh project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED.
Signature:
111 Page
Date; t 171 V7 -J'
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
C. EVALUATION OF ENVIRONMENTAL IMPACTS OF INFILL PROJECTS:
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 as well as 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 account of the whole action involved, including off-site as well as onsite,
cumulative as well as project -level, indirect as well as direct, and construction as well as operational
impacts.
3) Once the lead agency has determined that a particular physical impact may occur as a result of an infill
project, 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.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less
Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain
how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses,"
as described in (5) below, may be cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).
In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review.
b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,
and state whether such effects were addressed by mitigation measures based on the earlier
analysis.
c. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures
Incorporated," describe the mitigation measures which were incorporated or refined from the
earlier document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside
document should, where appropriate, include a reference to the page or pages where the statement is
substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies
should normally address the questions from this checklist that are relevant to a project's environmental
effects in whatever format is selected.
9) The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and
b. the mitigation measure identified, if any, to reduce the impact to less than significance.
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
D. INITIAL STUDY
City of Tustin
Less Than
Potentially Significant With Less Than
Significant Mitigation Significant No
Issues: Impact Incorporated Impact Impact
AESTHETICS. Except as provided in
Public Resources Code Section 21099.
Would the project:
a) Have a substantial adverse El ❑
effect on a scenic vista?
b) Substantially damage scenic El El
resources, including, but not
limited to, trees, rock
outcroppings, and historic
buildings within a state scenic
highway?
C) In non -urbanized areas, ❑
substantially degrade the
existing visual character or
quality of the site and its
surroundings? (Public views are
those that are experienced from
publicly accessible vantage
point). If the project is in an
urbanized area, would the
project conflict with applicable
zoning and other regulations
governing scenic quality?
d) Create a new source of El El
substantial light or glare which
would adversely affect day or
nighttime views in the area?
aj Would the project have a substantial adverse effect on a scenic vista?
No Impact. The project would not have an adverse effect on a scenic vista. Based on the Orange County
Scenic Highway Plan Map and the City's General Plan, there are no designated scenic highways or vistas
in the project area. The most significant natural resources and local vistas occur in Peters Canyon, which
is located 5 miles north of the project site. The project site vicinity is a flat urbanized area and contains a
mixture of commercial and residential uses, with limited undeveloped land. The proposed project would
add five (5) residential apartment units to (1) existing residential unit existing on the site. The project
131 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
consists of one (1) new two (2) story residential unit and two (2) three (3) story duplexes. The change in
land use and associated building types would alter the appearance of the project site but would not result
in an adverse effect on a scenic vista.
b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock
outcroppings, and historic buildings within a state scenic highway?
No Impact. There are no designated state scenic highways in the vicinity of the project site.
Furthermore, there are no State -designated or eligible scenic highways within the City of Tustin.
Therefore, there would be no impact related to damaging scenic resources within a state scenic highway.
c) Would the project in non -urbanized areas, substantially degrade the existing visual character or
quality of the site and its surroundings? (Public views are those that are experienced from
publicly accessible vantage point). If the project is in an urbanized area, would the project conflict
with applicable zoning and other regulations governing scenic quality?
No Impact. The visual character of the site's surroundings is dominated by residential and commercial
uses. Because of the infill nature of the proposed project and its compatibility with similarly -scaled
buildings within this urban setting, no visual impacts are associated with the project and the proposed
project site is in accordance with the applicable zoning.
d) Would the project create a new source of substantial light or glare which would adversely affect
day or nighttime views in the area?
No Impact. The project site is surrounded by nighttime security lighting and street lighting. Surrounding
lighting conditions are typical of similar urban environments particularly those with mixed land uses (e.g.,
commercial and residential) that have elevated light levels on non-residential sites and on high traffic
roadways that require additional lighting. The project would create limited new sources of light from site
lighting, but would not adversely affect day or nighttime views in the area given the similarity of the
existing lighting in the surrounding urban environment. The Tustin Building Code (2019) requires
submittal of point -by -point photometric calculations with building plans showing compliance with Tustin
City Code (TCC) 8102 and will be required to comply with City of Tustin lighting standards.
The following measures are standard conditions of development and existing plans, programs or policies
(collectively referred to as PPPs) that apply to the proposed project and would help reduce and avoid
potential impacts relating to aesthetics, lighting and glare. These actions would be included in the
project's mitigation monitoring and reporting program:
PPP -1 Construction Hours. Project construction hours will be limited to the hours of 7:00 a.m. and 6:00
p,m., Mondays through Friday, and the hours of 9:00 a.m. and 5:00 p.m. on Saturdays, excluding city
observed federal holidays.
PPP -2 Lighting. Prior to issuance of building permits, the applicant shall submit a photometric lighting
plan showing compliance with the TCC Section 8102, which requires a minimum of one foot-candle of
light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the
walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. The photometric plan
must also show no light spillage pursuant to TCC Section 9271 hh.
Mitigation Measures/Monitoring Required: None required.
141 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
Sources: 1. City of Tustin General Plan/Conservation/Open Space/Recreation Element (November 20,
2012)
2. County of Orange Master Plan, Ch. IV Scenic Highway Plan (2014)
3. California Department of Transportation (Caltrans), California Scenic Highway Mapping
System (September 7, 2011, http:lwww.dot.ca.gov/hq/La ndArchlscenic_highways
4. City of Tustin Building Code, Tustin Municipal Code Section 8102 (2019)
Less Than
Potentially Significant Less Than No
Issues: Significant With Significant Impact
Impact Mitigation Impact p
Incorporated
AGRICULTURE AND FOREST 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. In determining whether impacts to
forest resources, including timberland, are
significant environmental effects, lead agencies
may refer to information compiled by the
California Department of Forestry and Fire
Protection regarding the state's inventory of
forest land, including the Forest and Range
Assessment Project and the Forest Legacy
Assessment project; and forest carbon
measurement methodology provided in Forest
Protocols adopted by the California Air
Resources Board.
Would the project:
a) Convert Prime Farmland, Unique ❑ ❑
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on
the maps prepared pursuant to the
Farmland Mapping and Monitoring
Program of the California Resources
Agency, to non-agricultural use?
b) Conflict with existing zoning for ❑
agricultural use, or a Williamson Act
contract?
151 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
C) Conflict with existing zoning for, or � � El �®N-W
cause rezoning of, forest land (as
defined in Public Resources Code
section 12220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
d) Result in the loss of forest land or ❑ ❑ El
conversion of forest land to non -forest
use?
e) Involve other changes in the existing El ❑ E
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non -forest
use?
Discussion:
a) Would the project 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?
No Impact. There are currently no farmland or agricultural activities in the project area. The project site
is not used for agricultural 'production and is not designated Prime Farmland, Unique Farmland or
Farmland of Statewide Importance on maps prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency. Therefore, project implementation would not result in the
conversion of mapped farmlands to non-agricultural uses.
b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract?
No Impact. The project site is not zoned for agricultural use and is not under a Williamson Act contract.
No impact would occur in this regard.
c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined
In Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code
section 4526), or timberland zoned Timberland Production (as defined by Government Code
section 51104(g))?
No Impact. The project site is currently zoned R3 (Multiple Family Residential District) and not occupied,
used or zoned for forest land or timberland. No impact would occur in this regard.
d) Would the project result in the loss of forest land or conversion of forest land to non -forest
use?
161 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
No Impact. The project site is fully improved with a residential use and is surrounded by commercial and
residential uses with landscaping, paving, and utilities. The project site is fully urbanized and there is no
forest land in the vicinity of the project. The project will not result in loss of forest land or conversion of
forest land to non -forest use. No impact would occur in this regard.
e) Would the project involve other changes in the existing environment which, due to their location
or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest
land to non -forest use?
No Impact, The nature and location of the project will not result in conversion of Farmland/forest land to
non-agricultural/non-forest uses in that the property is fully improved with a residential use. No land in
the vicinity of the site has been designated for future agricultural uses. The proposed project would not
result in changes in the existing environment which could result in conversion of farmland to non -
agriculture use. No impact would occur in this regard,
Mitigation Measures/Monitoring Required: No mitigation measures are necessary because no significant
impacts to agriculture or forest resources have been identified.
Sources: I. City of Tustin General Plan
2. City of Tustin Zoning Code
3. Project description and plans.
4. State of California Department of Conservation Farmland Mapping & Monitoring
Program https://www.conservation.ca.gov/dIrp/fmmp/Pages/Orange.aslDx
Issues:
III. AIR QUALITY. Where available, the
significance criteria established by the
applicable air quality management or air
pollution control district may be relied upon to
make the following determinations.
Would the project:
a) Conflict with or obstruct implementation
of the applicable air quality plan?
b) 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?
171 Page
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
❑
❑
❑
❑
Less Than
Significant
Impact
No
Impact
® ❑
® ❑
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
Issues:
C) Expose sensitive receptors to
substantial pollutant concentrations?
d) Result in other emissions (such as
those leading to odors) adversely
affecting a substantial number of
people?
Discussion:
City of Tustin
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
❑
❑
®
❑
❑
❑
®
❑
a) Would the project conflict with or obstruct implementation of the applicable air quality plan?
Less than Significant: The Project Site is located within the South Coast Air Basin (SCAB), which
includes the non -desert portions of Los Angeles, Riverside, and San Bernardino Counties, and all of
Orange County, and is within the jurisdictional boundaries of South Coast Air Quality Management District
(SCAQMD).
The SCAQMD administers the Air Quality Management Plan (AQMP) for the SCAB, which is a
comprehensive document outlining an air pollution control program for attaining all California Ambient Air
Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS). The most recent
adopted AQMP is the 2016 AQMP (SCAQMD 2017), which the SCAQMD Governing Board adopted in
March 2017. The 2016 AQMP represents a new approach, focusing on available, proven, and cost-
effective alternatives to traditional strategies while seeking to achieve multiple goals in partnership with
other entities promoting reductions in greenhouse gases (GHGs) and toxic risk, as well as efficiencies in
energy use, transportation, and goods movement (SCAQMD 2017).
The purpose of a consistency finding is to determine if a project is inconsistent with the assumptions and
objectives of the regional air quality plans, and, thus, if it would interfere with the region's ability to comply
with federal and state air quality standards. The SCAQMD has established criteria for determining
consistency with the currently applicable AQMP in Chapter 12, Sections 12.2 and 12.3, in the SCAQMD
CEQA Air Quality Handbook. The criteria are as follows (SCAQMD 1993):
• Whether the project would result in an increase in the frequency or severity of existing air quality
violations, cause or contribute to new violations, or delay timely attainment of the ambient air
quality standards or interim emission reductions in the AQMP.
• Whether the project would exceed the assumptions in the AQMP or increments based on the year
of project buildout and phase.
The Project's potential to result in an increase in the frequency or severity of existing air quality violations,
cause or contribute to new violations, or delay timely attainment of the ambient air quality standards or
interim emission reductions in the AQMP, project -generated criteria air pollutant emissions were
ISI Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San ,Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
estimated and analyzed for significance. Detailed results of this analysis are included in Appendix A.
Project construction would not generate criteria air pollutant emissions that would exceed the SCAQMD
thresholds, and the Project is not anticipated to generate operational criteria air pollutant emissions.
The proposed project involves site preparation and minimal grading of the 0.41 acre lot. It would also
involve constructing five (5) residential units (two duplexes and one single family residence), architectural
coating, and non -asphalt surfaces. No demolition is proposed. Section 15206(b) of the CEQA Guidelines
states that a project is of statewide, regional, or area -wide significance if it would involve a net increase
of over 500 dwelling units. This, is not a project of statewide, regional or area -wide significance, which
would require intergovernmental review. Therefore, the proposed project would not have the potential to
affect SCAG's demographic projections. Additionally, as demonstrated below, the regional emissions
that the proposed project would generate in the construction and operational phases would be less than
the SCAQMD emission thresholds. SCAQMD would not consider the Proposed project to be a substantial
source of air pollutant emissions that would have the potential to affect the attainment designations in the
SoCAB. Therefore, the project would not affect the regional emissions inventory or conflict with strategies
in the AQMP.
SB 743 was signed into law in 2013 which initiated an update to the CEQA Guidelines to change how
lead agencies evaluate transportation impacts under CEQA with the goal of better measuring the actual
transportation -related environmental impacts of any given project. Agencies must look at reducing
greenhouse gas emissions and traffic -related air pollution, promoting the development of multimodal
transportation systems, and providing clean, efficient access to destinations. Agencies analyzing
transportation of new projects must now look at vehicle miles traveled to measure how much actual
automobile travel a project would create on the California roads. If the project adds excessive car travel,
the project may cause a significant transportation Impact.
Per the California Office of Planning & Research (OPR), a vehicle miles traveled (VMT) transportation
analysis is not required for projects generating fewer than 110 average daily trips (ADT). As proposed,
the project would generate 46 ADT according to the following breakdown:
TRIPS PER DAY
Unit Type
Number of
Units
Average. Trips per
Da
Total Average Trips Per Day
Detached Multi Family
Dwellings
2 units
9.52 ADT/Dwelling
Unit DU
19 ADT
Attached Multi -Family
Dwellings
4 units
6.65 ADT/DU
27 ADT
TOTAL TRIPS PER DAY
47 Tris per da
Therefore, no mitigation is required.
b) Would the project 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?
Less than Significant. Air pollution is largely a cumulative impact. The nonattainment status of regional
pollutants is a result of past and present development, and the SCAQMD develops and implements plans
for future attainment of ambient air quality standards. Based on these considerations, this analysis uses
191 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
project -level thresholds of significance for criteria pollutants in the determination of whether a project's
individual emissions would have a cumulatively consideration contribution on air quality. If a project's
emissions would exceed the SCAQMD significance thresholds, the analysis would conclude that the
Project would have a cumulatively considerable contribution. Conversely, projects that do not exceed
the project -specific thresholds are generally not cumulatively significant. (SCAQMD 2003).
Criteria air pollutants include ozone (03), sulfer dioxide (SO2), particulate matter with an aerodynamic
diameter less than or equal to 10 microns (PM1o; coarse particulate matter), particulate matter with an
aerodynamic diameter less than equal to 2.5 microns (PM2.5); fine particulate matter), and lead.
Table AQ -1: SCAQMD Regional Daily Emissions Thresholds'
Pollutant
Construction
(lbs/day)
Operations
(lbs/day)
NO,
100
55
VOC
75
55
PM 10
150
150
PM2,5
55
55
SOX
150
150
CO
550
550
Lead
3
3
Construction
It is mandatory for all construction projects to comply with several SQAMD Rules, including Rule 403 for
controlling fugitive dust, PM1o, and PM2.5 emissions from construction activities. Rule 403 requirements
include, but are not limited to: applying water in sufficient quantities to prevent the generation of visible
dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as
possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages
before vehicles exit the site, covering all trucks hauling soil with a fabric cover and maintaining effective
cover over exposed areas. Compliance with Rule 403 was accounted for in the construction emissions
modeling for the project. In addition, implementation of SCAQMD Rule 1113 that governs the VOC
content in architectural coating, paint, thinners, and solvents was accounted in the construction emissions
modeling for the project. As shown in Table 2 below, CaIEEMod results indicate that construction
emissions generated by the proposed project would not exceed SCAQMD regional thresholds.
Therefore, emissions from construction activities would be less than significant.
Table AQ -2: Construction Localized Significance Thresholds (Based on One (1) Acre Site)
Year
NO2 CO PM10 PM2,5
Pounds per Da on site
2021 Maximum Daily
Emissions
0.4164
0.4038 0.0283
0.0235
SCAQMD LST Criteria
81
485 4
3
THRESHOLD
EXCEEDED?
No
No No
No
1 Regional thresholds are from the SCAQMD Air Quality Significance Thresholds, March 203.5.
20jPage
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
The proposed construction of two duplexes and a single-family residence is below the threshold criteria
for construction and operation impacts as defined in Tables 6-2 and 6-3 of the California Environmental
Quality Act (CEQA) Air Quality Handbook published in 1993 by the South Coast Air Quality Management
District (SCAQMD). A continuation of residential use at the subject property will not produce or involve
concentrated pollutants or odors. The proposed project will not violate any air quality standard or
contribute substantially to an existing or projected air quality violation, and it will not result in a
cumulatively considerable net increase of any criteria pollutant or expose sensitive receptors to
substantial pollutant concentrations or create objectionable odors affecting a substantial number of
people.
The analysis used CaIEEMod, Version 2016.3.2 to estimate emissions for construction of the project.
CalEEMod quantifies criteria pollutant and green house gas (GHG) emissions (Appendix A). CaIEEMod
input parameters, including project size, construction schedule, number of worker/delivery/haul trips, and
anticipated construction equipment utilization, were based on default model assumptions.
Operation
Operation of 5 mid -rise, residential units would result in long-term regional emissions of criteria air
pollutants and ozone precursors associated with area sources, such as natural gas consumption,
landscaping, applications of architectural coatings, and consumer products. However, vehicular
emissions would generate a majority of the operational emissions from the project.
Operational emissions associated with the project were modeled using CalEEMod and are presented in
Table AQ -3. As shown, the proposed project would result in long-term regional emissions of the criteria
pollutants that would be below the SCAQMD's applicable thresholds. Therefore, operation of the project
would not result in a cumulatively considerable net increase of any criteria pollutant impacts and
operational impacts would be less than significant.
Table AQ -3: Summary of Peak Operational Emissions
Operational Activity
Emissions (lbs/day)
VOC
NOx
CO
PM10
PM2.5
Area Source
0.0886
1.89
0.0834
5.06
<O.1
Energy Source
3.400e-
004
2.9
1.25
2.4
2.4
Mobile Source
8.4800
e-003
0A373
0.11.7
3.4
0.118
Total Maximum Daily
Emissions
0.0974
4.82
1.45
10.86
2.618
SCAQMD Regional Threshold
55
55
550
150
55
21j Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
Threshold Exceeded? I No I No I No I No I No
City of Tustin
c. Would the project expose sensitive receptors to substantial pollutant concentrations?
Less than Significant: A project could expose sensitive receptors to elevated pollutant concentrations
during construction activities if it would cause or contribute significantly to elevated levels. According to
the SCAQMD, sensitive receptors include residences, schools, playgrounds, childcare centers, long-term
healthcare facilities, rehabilitation centers, convalescent centers, and retirement homes (SCAQMD
1993). The closest sensitive receptor land uses are multifamily residences adjacent to the project site to
the east, north and south.
Project construction activities could result in temporary sources of on-site criteria air pollutant emissions
associated with construction equipment exhaust and dust -generating activities. The SCAQMD
recommends a localized significance threshold (LST) analysis to evaluate localized air quality impacts to
sensitive receptors in the immediate vicinity of the project site because of construction activities. The
project is located in Source Receptor Area (SRA)17 (Central Orange County). The project's construction
activities would occur on a 0.41 -acre area; therefore, the LST analysis based its emissions thresholds
on a one (1) -acre site. The LSTs assumed for a distance of 25 meters (82 feet) from the site boundary,
which is the shortest distance that the SCAQMD look -up tables provide for this analysis.
The maximum daily on-site construction emissions generated during construction of the project is
provided in Table AQ -2 and compared to the SCAQMD localized significance criteria for SRA 17 to
determine whether Project -generated, onsite construction emissions would result in potential LST
impacts construction of the project would not result in a cumulatively considerable net increase of any
criteria pollutant impacts and operational impacts would be less than significant.
d. Would the project result in other emissions (such as those leading to odors) adversely affecting
a substantial number of people?
Less -than -Significant Impact. The occurrence and severity of potential odor impacts depend on
numerous factors. The nature, frequency, and intensity of the source; wind speed and direction; and the
sensitivity of the receiving location each contribute to the intensity of the impact. Although offensive odors
seldom cause physical harm, they can be annoying, cause distress among the public, and generate
citizen complaints.
During Project construction, exhaust from equipment may produce discernible odors typical of most
construction sites. Potential odors produced during construction would be attributable to concentrations
of unburned hydrocarbons from tailpipes of construction equipment. However, such odors would disperse
rapidly from the Project Site and generally occur at magnitudes that would not affect substantial numbers
of people. Accordingly, impacts associated with odors during construction would be less than significant.
Land uses and industrial operations associated with odor complaints include agricultural uses,
wastewater treatment plants, food-processing plants, chemical plants, composting, refineries, landfills,
dairies, and fiberglass molding (SCAQMD 1993). Operation of the Project would not entail any of these
potentially odor causing land uses. Therefore, the Project would not create any new sources of odor
during operation and would result in a less than significant odor impact.
221 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
Mitigation Measures/Monitoring Required: NIA
City of Tustin
PPP -3 The project will comply with South Coast Air Quality Management District (SCAQMD) Rule
402 (Nuisance) and Rule 403 (Fugitive Dust). The project developer will require
construction contractors and subcontractors to employ the following enhanced dust control
measures during construction to minimize particulate matter (PM -10 and PM -2.5)
emissions:
1. Suspend the use of all construction equipment during first -stage smog alerts.
Z Apply soil stabilizers such as hay bales or aggregate cover to inactive areas.
3. Prepare a high wind dust control plan and implement plan elements and terminate soil
disturbance when winds exceed 25 mph.
4. Stabilize previously disturbed areas if subsequent construction is delayed.
5. Water exposed surfaces and haul roads 3 times/day.
6. Cover all stock piles with tarps.
7. Replace ground cover in disturbed areas quickly.
8. Reduce speeds on unpaved roads to less than 15 mph.
9. Trenches shall be left exposed for as short a time as possible.
10. Identify proper compaction for backfilled soils in construction specifications.
11. Cover all trucks hauling dirt, sand, or loose material or require all trucks to maintain at
least two feet of freeboard.
12. Sweep streets daily if visible soil material is carried out from the construction site.
13. Provide water spray during loading and unloading of earthen materials.
14. Minimize in -out traffic from construction zone.
Sources: 1. Submitted Plans
2. Tustin City Code
3. Tustin Grading Manual
4. CEQA Air Quality Handbook
5. CalEEMod Version 2016.3.2
231 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
Issues: PotentiallyLess Than �FLess YThan �No .
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
IV. BIOLOGICAL RESOURCES.
Would the project:
a) Have a substantial adverse effect, either ❑
directly or through habitat modifications,
on any species identified as a
candidate, sensitive, or special status
species in local or regional plans,
policies, or regulations, or by the
California Department of Fish and
Wildlife or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on 11 ❑
any riparian habitat or other sensitive
natural community identified in local or
regional pians, policies, regulations, or
by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife
Service?
C) Have a substantial adverse effect on 11 ❑ El
state or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological interruption,
or other means?
d) Interfere substantially with the ❑
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites?
e) Conflict with any local policies or El
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
241 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
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?
a) Would the project have a substantial adverse effect, either directly or through habitat
modifications, on any species identified as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the California Department of Fish and
Wildlife or U.S. Fish and Wildlife Service?
No Impact. The project will not have a substantial adverse effect on any species identified as a candidate,
sensitive, or special status species in local or regional plans, policies, or regulations, or by the California
Department of Fish and Wildlife or U.S. Fish and Wildlife Service. The property has been previously
developed and there is no native habitat on the project site. Therefore, there is no likelihood that
implementation of the project would impact such species. No mitigation is required.
b) Would the project have a substantial adverse effect on any riparian habitat or other sensitive
natural community identified in local or regional plans, policies, regulations, or by the California
Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
No Impact. The project site is a developed parcel in an urban setting surrounded by existing residential
and commercial uses with no native habitat. There are no surface waters or drainages with riparian
habitat on or in the vicinity of the site. No sensitive natural communities identified in local or regional
plans, policies, or regulations or by CDFW or USFWS are present. Therefore, there is no likelihood that
the project would cause an impact to riparian habitat or sensitive vegetation communities. No mitigation
is required.
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
No Impact. The 0.41 acre site is developed with a residential structure and a detached two -car garage.
No jurisdictional features occur on the site. In addition, no natural hydrological features or federally
protected wetlands as defined by Section no404 of the Clean Water Act occur on site. Therefore, no
direct removal, filling, or hydrological interruption of a wetland area would occur with development of the
project site. No mitigation is required.
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?
251 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigates! Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001 /DR 2019-00019)
City of Tustin
No Impact. The project site is a developed parcel in an urban setting surrounded by existing residential
and commercial uses with no native habitat. The site currently has no trees and minimal landscaping.
The project site does not contain any greenbelts for wildlife movement or native vegetation capable of
supporting the movement of wildlife, particularly corridors that facilitate movement of species between
larger strands of native habitat. Construction of the proposed project would not result in the
encroachment into or impediment of a wildlife corridor or nursery site that local wildlife could use.
Therefore, the proposed project would have no impact on wildlife movement corridors or wildlife nursery
sites. No mitigation is required.
e) Conflict with any local policies or ordinances protecting biological resources, such as a free
preservation policy or ordinance?
No Impact. The project site is located within an entirely developed area in the City of Tustin. The project
site has no trees, and the proposed project would not affect trees that are located beyond the project site.
The City of Tustin does not have a tree protection ordinance and the proposed project would not conflict
with any local policies or ordinances protecting biological resources, and no impact would occur.
0 Would the project conflict with the provisions of an adopted Habitat'Conservation Plan, Natural
Community Conservation Plan, or other approved local, regional, or state habitat conservation
plan?
No Impact. The project site is not located within a Habitat Conservation Plan, Natural Community
Conservation Plan or other similar plan. The project site is not located within or proximate to any
significant ecological area, land trust or conservation pian. As such, construction of the proposed project
would not conflict with an adopted conservation plan and no impact would occur.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. City of Tustin General Plan (November 1, 2018)
2. City of Tustin Zoning Code
3. Project description and plans.
4. Department of Fish and Wildlife, Natural Community Conservation Plan - County of
Orange (Central/Coastal) NCCP/HCP
https:/Iwww.wildlife.ca.gov/Conservation/Planning/NCCP/Plans/Orange-Coasta I
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
V. CULTURAL RESOURCES.
Would the project:
a) Cause a substantial adverse change in
the significance of a historical resource
pursuant to § 15064.5?
261 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
b) Cause a substantial adverse change in ® ❑ ❑
the significance of an archaeological
resource pursuant to § 15064.5?
C) Disturb any human remains, including ❑ ® ❑ El
those interred outsides of formal
cemeteries?
a) Would the project cause a substantial adverse change in the significance of a historical resource
pursuant to § 15064.5?
Less Than Significant With Mitigation Incorporated. A substantial adverse change in the significance
of a historical resource would be a project that demolishes or materially alters in an adverse manner
those physical characteristics of an historical resource that convey its historical significance and that
justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources;
demolishes or materially alters in an adverse manner those physical characteristics that account for its
inclusion in a local register of historical resources or its identification in a historical resources survey
meeting the requirements or demolishes or materially alters in an adverse manner those physical
characteristics of a historical resource that convey its historical significance and that justify its eligibility
for inclusion in the California Register of Historical Resources as determined by the lead agency for
purposes of CEQA.
The proposed project does not include demolition or any alterations to the existing historical resource.
The historical resource will be protected and not disturbed during construction activities pursuant to
Mitigation Measure CUL -3. As proposed, the project complies with the Secretary of Interiors Standards.
The historical resource is not eligible for listing in the California Register of Historical Resources pursuant
to the findings of the City of Tustin Historic Resources Survey (2003) which identifies the property with
NRHI Status Code of 5S3 (Not eligible for separate listing or designation under an existing local ordinance
but is eligible for consideration in local planning) and in California State Office of Historic Preservation
Technical Assistance Bulletin #8, appears to be individually eligible for local listing or designation through
survey evaluation. The historic resource is already identified in the local historical resources survey.
The project follows the Secretary of Interior's Standards for the Treatment of Historic Properties with
Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. The historic
resource will be used as it was historically and will retain its distinctive materials and features, and will be
protected and, if necessary, stabilized until additional work may be undertaken. The new construction
will not alter the historic relationship of the existing residence to its immediate surroundings, destroy
historic features, or obscure primary view of the property. The historic resource is located in a residential
neighborhood that consists of one and two-story houses, an elementary and high school, commercial
uses and is highly urbanized. The majority of the construction is located behind the historic resource and
will not impact the historic character of the site and is in keeping with the density of the surrounding
neighborhood.
CUL -1: Applicant/contractor shall take the following measures to protect the existing historic residential
structure during all phases of construction and include all of the following measures in the plans prepared
for permit issuance:
271 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00009/DR 2019-00019)
City of Tustin
3.1 During excavation for footings on new structures, the applicant/contractor shall provide
shoring around the historic resource to prevent undermining of the foundation.
3.2 Applicant/contractor shall provide plywood protection at all windows in the historic residential
structure and shall show plywood protection on the construction plans submitted to the City of
Tustin for building permits.
3.3 Applicant/contractor shall secure the historic resource from physical access during the
construction period.
3.4 Applicant/contractor shall install a direct dial fire and smoke intrusion security system in the
historic residential structure.
3.5 Applicant/contractor shall protect the historic resource's walls with solid construction fencing
to prevent damage to existing finishes.
3.6 During plastering of the exterior walls of the new buildings, applicant/contractor shall provide
fabric barriers to prevent overspray from reaching the historic residential structure.
3.7 The applicant/ contractor shall maintain fire extinguishers at each level of each new building
in case of fire during construction.
3.8 Subject to approval by the Director of Community Development, applicant/contractor shall
engage the services of an licensed architect meeting the professional qualifications standards
identified by the Secretary of Interiors Standards and Guidelines
(https://www.nps.gov/history/local-law/arch_stnds_9.htm) to monitor the historic residential
structure during construction activities on a monthly basis and submit monthly status reports to
the City of Tustin. Community Development Department.
3.9 During construction, the Applicant/contractor shall stop work immediately in the event of
damage to the historic resource and contact the Community Development Department and the
architect identified in 3.8 of this mitigation. All work shall stop until such time as the damage is
remedied to the satisfaction of the Director of Community Development.
b) Would the project cause a substantial adverse change in the significance of an archaeological
resource pursuant to § 15064.57
Less Than Significant With Mitigation Incorporated/. Archaeological resources are the physical
remains of past human activities and can be either be prehistoric or historic in origin. Archaeological
sites are locations that contain significant evidence of human activity. Generally, a site is defined by a
significant accumulation or presence of one or more of the following: food remains, waste from
manufacturing of tools, tools, concentrations or alignment of stones, modification of rock surfaces,
unusual discoloration or accumulation of soil, or human skeletal remains. Archaeological sites are often
located along creek areas and ridgelines.
The property has been previously disturbed through its use as residential and agricultural land and the
surrounding area is predominantly urbanized with residential and commercial uses. Due to the level of
past disturbance, it is not anticipated that archaeological sites would be found. Although the potential for
disturbance of undiscovered resources due to grading and excavation activities is considered low, in
281 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 201900019)
City of Tustin
accordance with Policy 13.2 of the Conservation/Open Space/Recreation element of the City's General
Plan which requires mitigation measures where development could or will affect archaeological
resources. Mitigation Measures CUL -2 and CUL -3 below are required to reduce this potential impact to
a level considered less than significant.
The City notified the following tribes of the opportunity for consultation
1. Gabrieleno Band of Mission Indians — Kizh Nation
2. GabrielenolTongva San Gabriel Band of Mission Indians
3. Gabrieleno/Tongva Nation
4. Gabrielino/Tongva Indians of California Tribal Council
5. Gabrielino-Tongva Tribe
6. Juaneno Band of Mission Indians Achjachemen Nation — Belardes
7. Pala Band of Mission Indians
8. Santa Rosa Band of Cahuilla Indians
9, Soboba Band of Luiseno Indians
10. Campo Band of Diegueno Mission Indians
11. Ewiiaapaayp Bbd of Kumeyaay Indians
12. La Posta Band of Diegueno Mission Indians
Only the Gabrieleno Band of Mission Indians-Kizh Nation requested consultation. The City conducted
tribal consultation through the Bill (AB) 52 and Senate Bill (SB) 18 processes. On December 23, 2020,
City staff consulted with the Gabrieleno Band of Mission Indians — Kizh Nation who requested
consultation and specific mitigation measures, as shown in Section XVIII, Tribal Cultural Resources.
The remaining tribes did not request consultation.
Mitigation Measures/Monitoring Required:
CUL -2: Prior to the issuance of the first grading permit, a qualified Native American monitor shall be retained
by the Applicant/Developer to provide professional Native American monitoring services for any
construction activities that may disturb native soils (i.e., previously undisturbed soil 18 -inches or more
below the surface). The Native American monitor from the Gabrieleno Band of Mission Indians — Kizh
Nation, shall be selected by the Applicant/Developer and verification of retention of the Native American
monitor shall be provided to the City of Tustin Community Development Department on tribal letterhead,
including the monitor's name and contact information. The Native American monitor and a City of Tustin
Community Development Department designee shall be present at the pre -grading conference to
establish procedures for Native American resource surveillance. The Native American monitor shall be
present during all ground disturbing activities of native soil including but not limited to post holing,
auguring, boring, grading, excavation and trenching. (See also TCR -1)
c) Would the project disturb any human remains, including those interred outsides of formal
cemeteries?
Less Than Significant Impact. The property has been previously disturbed through its previous use as
residential and agricultural land. There are no known human remains or cemeteries on the Project site
or adjoining properties. Historically, the project site has consisted of agricultural and residential buildings.
The project site has previously been disturbed and the likelihood that human remains would be
discovered during site clearing and grading activities is extremely low.
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DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial StudylMitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
However, in the unlikely event that the Project Applicant discovers human remains during ground -
disturbing activities, California Health and Safety Code Section 7050.5 requires that disturbance of the
site shall remain halted. The County Coroner shall investigate the circumstances, manner, and cause of
any death and recommend the treatment and disposition of the human remains to the person responsible
for the excavation or to his or her authorized representative, in the manner provided in Section 5097.98
of the California Public Resources Code. The coroner is required to make a determination within two
working days of notification of the discovery of the human remains.
If the coroner determines that the remains are not subject to his or her authority or has reason to believe
the human remains to be those of a Native American, he or she shall contact, by telephone within 24
hours, the Native American Heritage Commission (NAHC) so that NAHC can contact the "most likely
descendant". The most likely descendant shall receive access to the discovery and will provide
recommendations or preferences for treatment of the remains within 48 hours of accessing the discovery
site. Disposition of human remains and any associated grave goods, if encountered, shall be treated in
accordance with procedures and requirements set forth in Sections 5097.94 and 5097.98 of the Public
Resources Code; Section 7050.5 of the California Health and Safety Code; and CEQA Guidelines
Section 15064.5. Compliance with existing law regarding the discovery of human remains would reduce
potential impacts to human remains to a less -than -significant level. No mitigation measures are
necessary.
PPP -4 Should human remains be discovered during project construction, the project would
be required to comply with State Health and Safety Code Section 7050.5, which states that
no further disturbance may occur in the vicinity of the human remains until the County Coroner
has made a determination of origin and disposition pursuant to Public Resources Code
Section 5097.98. The County Coroner must be notified of the find immediately. If the remains
are determined to be prehistoric, the Coroner will notify the Native American Heritage
Commission, which will determine the identity of and notify a Most Likely Descendant (MLD).
With the permission of the landowner or his/her authorized representative, the MLD may
inspect the site of the discovery. The MLD must complete the inspection within 48 hours of
notification by the Native American Heritage Commission (NAHC).
Sources: 4.
Submitted Plans
2..
Tustin City Code
3.
Tustin General Plan
4.
City of Tustin Historical Resources Survey (1990)
5.
City of Tustin Historical Resources Survey (2003)
6.
Secretary of Interior Standards for Preservation
7.
County of Orange, Historical Aerial Imagery
30jPa9e
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
Issues:
VI. ENERGY.
Would the project:
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation?
Potentially
Significant
Impact
0
Less Than
Significant
With
Mitigation
Incorporated
City of Tustin
Less Than
Significant
Impact
►a
No
Impact
0
b) Conflict with or obstruct a state or local ❑ E ® ❑
plan for renewable energy or energy
efficiency?
a) Would the project result in potentially significant environmental impact due to wasteful,
inefficient, or unnecessary consumption of energy resources, during project construction or
operation?
Less than Significant Impact.
The project, including construction activities, will not result in potentially significant environmental impact
in that energy consumption for the project will be subject to California Building Standards Code and Title
24 2019 Building Energy Efficiency Standards during construction and operations.
Southern California Edison provides electrical service to the project site. SoCalGas serves the project
area. SoCalGas serves 21.6 million customers in a 20,000 -square -mile service area that includes over
500 communities (SoCalGas 2020). In 2018 (the most recent year for which data is available), SoCalGas
delivered 5,156 million therms of natural gas, with the majority going to residential uses (CEC 2019b).
Demand for natural gas can vary depending on factors such as weather, price of electricity, the health of
the economy, environmental regulations, energy -efficiency programs, and the availability of alternative
renewable energy sources. Natural gas is available from a variety of in-state and out-of-state sources
and is provided throughout the state in response to market supply and demand.
b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy
efficiency?
Less than Significant Impact. The project, including construction activities, will not conflict with or
obstruct state and local plans for renewable energy and energy efficiency in that the project will comply
with such requirements and implement energy efficiency measures as required by the 2019 California.
Building Standards Code and Title 24.
Mitigation Measures/Monitoring Required: NIA
311 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019) City of Tustin
Sources: 1. City of Tustin General Plan (November, 2018)
2. City of Tustin Municipal Code
3. City of Tustin Building Code, Tustin Municipal Code Section 8102 (2019).
Issues:
VII. GEOLOGY AND SOILS.
Would the project:
a) Directly or indirectly cause potential
substantial adverse effects, including
the risk of loss, injury or death involving:
i) Rupture of a known earthquake
fault, as delineated on the most
recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the
State Geologist for the area or
based on other substantial
evidence of a known fault? Refer
to Division of Mines and Geology
Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic -related ground failure,
including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the
loss of topsoil?
C) Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading, subsidence,
liquefaction or collapse?
321 Page
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
❑ ❑ ® ❑
❑
❑
®
❑
❑
❑
®
❑
❑
❑
❑
❑
❑
®
❑
❑
❑
®
❑
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
initial StudylMitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00009/DR 2019-00019)
City of Tustin
d) Be located on expansive soil, as defined ❑ ® ❑ ❑
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial risks
to life or property?
e) Have soils incapable of adequately ❑ El
supporting the use of septic tanks or
alternative waste water disposal
systems where sewers are not available
for the disposal of waste water?
f) Directly or indirectly destroy a unique ❑ ❑ ® E]
paleontological resource or site or
unique geologic feature?
a) Would the project directly or indirectly cause potential substantial adverse effects, including the
risk of loss, injury or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of Mines and Geology Special
Publication 42.
ii. Strong seismic ground shaking?
iii. Seismic -related ground failure, including liquefaction?
iv. Landslides?
Less Than Significant Impact. The project site is not located within the Alquist-Priolo
Earthquake Fault Zoning Map. The closest known active fault is the Newport -Inglewood Fault,
located at a distance of approximately 8 miles southwest of the project site. Other nearby active
faults include the Elsinore Fault and the Whittier Fault, located 12.7 miles and 13.4 miles from the
project site, respectively. Due to the distance of the closest active fault to the site, ground rupture
is not considered a significant hazard at the site and the proposed development would have less
than significant impact to the potential of adverse effects.
PPP -5: Prior to issuance of a building permit, the applicant shall submit a geotechnical
investigation report of the subject property.
Less Than Significant Impact. The project site is located within a region of active faulting and
seismicity in Southern California. Potential regional sources for major ground -shaking hazards
include the San Adreas, San Jacinto, and Elsinore fault zones. This risk is not considered
substantially different than that of other similar properties in the Southern California area. The
project would be required to construct building modifications in accordance with the California
Building Standards Code (CBSC), also known as California Code of Regulations (CCR), Title 24
and the City of Tustin 2019 Building Code. The CBSC and City Building Code are designed to
preclude significant adverse effects associated with strong seismic ground shaking. The
proposed project would not result in strong seismic ground shaking in that the project would not
involve boring and/or driving pylons into the ground.
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DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial StudylMitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
iii. Less Than Significant Impact. According to the State of California Department of Conservation
Earthquake Hazards Zone Application, the project site is not located in a State of California
delineated liquefaction zone, earthquake fault zone or landslide zone for liquefaction potential. In
Southern California, most of the seismic damage to manmade structures results from ground
shaking, and to a lesser degree, from liquefaction and ground rupture caused by earthquakes
along active fault zones. However, due to the distance of the closest active fault to the site,
seismic -related ground failure is not considered a significant hazard at the site and the proposed
development would have less than significant impact to the potential of adverse effects.
iv. No Impact. The project site is flat and is not located within proximity to hills or mountains and
would not directly or indirectly cause potential substantial adverse effects related to landslides.
bj Would the project result insubstantial. soli erosion or the loss of topsoil?
Less Than Significant Impact. The potential for erosion or loss of topsoil would be negligible with
development and implementation of erosion control Best Management Practices (BMPs) required of the
Stormwater Pollution Prevention Plan (SWPPP) for development on the project site. An erosion control
plan would be prepared prior to construction as part of the overall SWPPP to reduce sedimentation,
erosion, and other water quality impacts associated with construction. The SWPPP would establish
BMPs for erosion and sediment control and non -storm water management during construction activities.
Additionally, a Preliminary Water Quality Management Plan (WQMP) has been prepared to prevent
stormwater pollution and manage urban runoff after construction and approved by the City of Tustin; a
Final WQMP will be reviewed and approved prior to issuance of building permits.
During construction, the project would be required to comply with SCAQMD's Fugitive Dust restrictions
(Rules 402 and 403) to reduce construction erosion impacts. Rule 402 requires the applicant to
implement dust suppression techniques to prevent dust and soil erosion from creating a nuisance off site.
Rule 403 requires the applicant to control fugitive dust with best available control measures so that it
does not remain visible in the atmosphere beyond the property line of emissions source.
In addition, the applicant would be required to comply with the City of Tustin Grading Manual (Tustin City
Code Section 8904 et seq.)
PPP -6 In order to comply with the 2003 DAMP, the proposed project shall prepare a Stormwater
Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP)
conforming to the current National Pollutant Discharge Elimination System (NPDES)
requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, which
shall be submitted to the Department of Public Works for review and approval.
The SWPPP shall be prepared and updated as needed during the course of construction
to satisfy the requirements of each phase of development.
The plan shall incorporate all necessary Best Management Practices (BMPs) and other
City requirements to eliminate polluted runoff until all construction work for the project is
completed. The SWPPP shall include treatment and disposal of all dewatering operation
flows and for nuisance flows during construction.
341 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
A WQMP shall be maintained and updated as needed to satisfy the requirements of the
adopted NPDES program. The plan shall ensure that the existing water quality measures
for all improved phases of the project are adhered to.
Location of the BMPs shall not be within the public right-of-way.
PPP -7 The project shall comply with NPDES requirements for control of discharges of sediments
and other pollutants during operations of the facility through preparation and
implementation of a Final Priority Water Quality Management Plan (WQMP) in compliance
with the Municipal Separate Storm Sewer System (MS4) Permit in effect for the Santa Ana
Regional Water Quality Control Board (RWQCB) at the time of grading permit application.
c) Would the project 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?
No impact. According to the State of California Department of Conservation Earthquake Hazards Zone
Application, the project site is not located in a State of California delineated Seismic Hazard Zone for
liquefaction, earthquake fault zone or landslide zone potential. The project will be subject to the
recommendations of a geotechnical report associated with future grading and building permits, which
would ensure that any potentially unstable soils present on the project site are appropriately remediated
through site design considerations. The risk associated with unstable soils causing harm to humans or
structures is below the level of significance.
d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building
Code (1994), creating substantial risks to life or property?
Less than Significant with Mitigation:
G-1 Grading plan review shall also be conducted by the City of Tustin City Engineer, or designee,
prior to the start of grading to verify that requirements developed during the geotechnical design
evaluation have been appropriately incorporated into the project plans. Design, grading, and
construction shall be performed in accordance with the requirements of the City Building Code
and the California Building Code (CBC) applicable at the time of grading, as well as the
recommendations of the project geotechnical consultant as summarized in a final report subject
to review by the City Engineer, or designee, prior to the start of grading activities.
e) Would the project 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?
No impact. The proposed project does not involve use or installation of septic tanks or alternative waste
water disposal systems. The property is fully improved and connected to existing sewer services.
0 Would the project directly or indirectly destroy a unique paleontological resource or site or unique
geologic feature?
Less than Significant Impact. The project site is flat and does not contain any unique geologic features
The project site has been disturbed through its historical use as agricultural land and is not anticipated to
351 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001IDR 201900019)
City of Tustin
contain unique paleontological resources. However, in the unlikely event that the Project Applicant
encounters paleontological resources the project would be required to comply with California Public
Resources Code (PRC), Chapter 1.7, Sections 5097.5 and 30244 PRC Section 5097.5 prohibits persons
from knowingly and willfully excavating upon, or removing, destroying, injuring, or defacing any vertebrate
paleontological site, including fossilized footprints or other paleontological feature. Therefore, a less than
significant impact would occur and no mitigation measures are required.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. Alquist-Priolo Earthquake Fault Zoning Map
2. Seismic Hazard Zone Map, California Department of Conservation
3. City of Tustin General Plan
4. City of Tustin Zoning Code
5. City of Tustin Building Code, Tustin Municipal Code Section 8102 (2019)
6. Submitted Plans
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
VIII GREENHOUSE GAS EMISSIONS
Would the project:
a) Generate greenhouse gas emissions,
either directly or indirectly, that may have
a significant impact on the environment?
b) Conflict with an applicable plan, policy or E] El ® El
regulation adopted for the purpose of
reducing the emissions of greenhouse
gases?
aj Would the project generate greenhouse gas emissions, either directly or indirectly, that may
have a significant impact on the environment?
Less Than Significant Impact: Temporary increases in greenhouse gas emissions are likely to occur
during construction which would be greater than those typically experienced in the existing neighborhood.
No demolition is proposed on the site. The project involves construction of three (3) new residential
structures to accommodate five (5) dwelling units. Emissions created from construction activities are not
anticipated to have a significant impact on the environment due to the scope of work and the minimal
construction time anticipated.
New construction will be required to comply with the latest addition of applicable codes which include
energy codes related to efficiency. Materials proposed for the residences will be modern and meet high
361 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
efficiency standards to reduce greenhouse gas emissions. The proposal would result in five (5) dwelling
units in addition to the existing dwelling unit currently on the site. The proposed total of six (6) dwelling
units, including the existing historic residence, would be the maximum permissible under the R3 zoning
development standards and equates to 14 units per acre, which would be consistent with the proposed
General Plan Land Use designation of HDR which allows up to 25 dwelling units per acre.
b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose
of reducing the emissions of greenhouse gases?
Less Than Significant Impact: The proposed project would not conflict with an applicable plan, policy,
or regulation adopted for the purpose of reducing the emissions of greenhouse gasses.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. Submitted Plans
2. City of Tustin General Plan
3. City of Tustin Municipal Code
4. Tustin Grading Manual
5. CEQA Air Quality Handbook
Issues:
IX HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment?
C) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
371 Page
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
❑ ❑
Less Than
Significant
Impact
No
Impact
►/-ml
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
Issues: Potentially Less Than Less ThanM� No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
d) Be located on a site which is included El ❑ ❑
on a list of hazardous materials sites
compiled pursuant to Government Code
section 65962.5 and, as a result, would
it create a significant hazard to the
public or the environment?
e) For a project located within an airport E] ❑ E
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 or excessive noise for people
residing or working in the project area?
f) Impair implementation of or physically El El
interfere with an adopted emergency
response plan or emergency evacuation
plan?
g) Expose people or structure, either El
directly or indirectly, to a significant risk
of loss, injury or death involving wildland
fires?
a) Would the project create a significant hazard to the public or the environment through the routine
transport, use, or disposal of hazardous materials?
Less Than Significant Impact. Project construction would require small amounts of potentially
hazardous materials, including fuels, greases and other lubricants, and coatings such as paint. The
handling, use, transport, and disposal of hazardous materials would be temporary and coincide with short
term construction phase of the project. Although these materials would likely be stored on the project
site, storage would be required comply with the guidelines of the product's manufacturer, as well as in
accordance with applicable federal, state and local regulations pertaining to the storage of hazardous
materials. A licensed contractor would be required to transport hazardous materials on or off the project
site. The licensed contractor is required to follow procedures set forth by federal, state and local agency
requirements relating to the transport of hazardous materials on and off site. The project would be subject
to existing regulations of several agencies ---the Environmental Protection Agency (EPA), Orange County
Environmental Health Division, California Division of Occupational Safety and Health (Cal/OSHA), US
Occupational Safety and Health Administration(OSHA), and US Department of Transportation (USDOT),
Resource Conservation and Recovery Act. No mitigation is required.
381 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001 OR 201900019)
City of Tustin
b) Would the project 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?
Less Than Significant Impact. The present use of the property is residential and is proposed to continue
as such. No demolition is proposed and it is not anticipated that hazardous emissions would occur.
c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of an existing or proposed school?
Less Than Significant Impact. Land use activities typically associated with hazardous emissions or
handling of hazardous or acutely hazardous materials, substances, or waste, including heavy
construction manufacturing, research and industrial uses. The proposed project does not include any
such uses or activities. Construction of the proposed project will involve transport or use of small amounts
of hazardous materials or emit hazardous emissions.
As a residential land use, potentially hazardous materials associated with operation of the proposed
project would include materials typically associated with cleaning and maintenance activities, including
household hazardous waste, common wastes, and universal wastes. The EPA considers these materials
to be common to businesses and households and to pose a lower risk to people and the environment
than other hazardous wastes when individuals properly handle, transport, use and dispose of them (EPA
2020). Further, any potentially hazardous material handled on the project site would be limited in quantity
and concentration, consistent with other similar residential uses in the City, and any handling, transport,
use and disposal of such material would comply with applicable federal, state and local agencies and
regulations.
As such, even though the closest school to the project site (Tustin High School) and C. C. Lambert
Elementary School — currently adult education facility) is located 0.60 miles east of the project site, the
proposed project would not emit hazardous emissions or include handling of hazardous or acutely
hazardous materials, substances, or wastes. Therefore, impacts associated with the emitting or handling
of hazardous materials within 0.60 miles of a school would be less than significant.
d) Would the project 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?
No Impact. According to the Department of Toxic Substances Control, the project site is not listed as a
hazardous material site.
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
or excessive noise for people residing or working in the project area?
No Impact. The project site is not located within an airport land use plan.
0 Would the project impair implementation of or physically interfere with an adopted emergency
response plan or emergency evacuation plan?
391 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Stud y/Miti'gated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
No Impact, The project would not alter or interfere with an adopted emergency response plan or
emergency evacuation plan.
gj Would the project expose people or structure, either directly or indirectly, to a significant risk of
loss, injury or death involving wildland fires?
No Impact. The project site is not located in or near wildlands.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. Submitted Plans
2. Tustin General Plan
3. John Wayne Airport Environs Land Use Map
4. Department of Toxic Substances Control — Hazardous Materials Sites
5. http://www.envirostor.dtsc.ca.gov/,public/
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
X HYDROLOGY AND WATER QUALITY.
Would the project:
a) Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or groundwater quality?
b) Substantially decrease groundwater E] El
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
C) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition of
impervious surfaces, in a manner which
would:
i) Result in substantial erosion or
siltation on- or off-site;
401 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
ii) Substantially increase the rate or E
amount of surface runoff in a
manner which would result in
flooding on- or off-site;
iii) Create or contribute runoff water El
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff; or
iv) Impede or redirect flood flows? El E) ❑
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
e) Conflict with or obstruct implementation El
of a water quality control plan or
sustainable groundwater management
plan?
a) Would the project violate any water quality standards or waste discharge requirements or
otherwise substantially degrade surface or groundwater quality?
Less than Significant Impact. The proposed site is located on a relatively flat site with an existing
residential structure and use. Minimal grading would occur in conjunction with the proposed project and
no substantial alteration of the site drainage pattern would occur. Residential uses as proposed by the
project are existing in the area. Implementation of the provisions of the NPDES permit and compliance
with City grading requirements would minimize construction impacts through best management practices
(BMPs) that reduce construction -related pollutants. Typical BMPs include maintaining and creating
drainages to convey and direct surface runoff from bare areas and installing physical barriers such as
berms, silt fencing, wattles, straw bales, and gabions. BMPs also include good housekeeping practices
such as storing hazardous materials, property managing waste/trash and regularly inspecting equipment.
This would ensure that any impacts to downstream waters resulting from construction activities would be
less than significant.
In addition, the project would be required to comply with Tustin City Code Section 8904 — Grading Manual
which sets forth the rules, procedures, definitions and interpretations to administer the chapter. The
Grading Manual includes provisions to assure the water quality requirements and drainage relevant to
411 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
activities identified in the code that apply to this project. Therefore, short term construction impacts
associated with water quality would be less than significant. No mitigation is required.
b) Would the project substantially decrease groundwater supplies or interfere substantially with
groundwater recharge such that the project may impede sustainable groundwater management
of the basin?
No Impact. The project is located on an existing residential site serviced by Tustin Water Operations.
The scale of the project does not have the potential to impact water supplies, nor deplete groundwater
supplies or interfere with groundwater recharge or lower the local ground water table level. The project
would not redirect flood waters and the site is not within an area that would expose people to seiche,
tsunami or mudflow.
Future uses on the site that could contribute pollutants to stormwater runoff include parking areas,
uncovered storage, landscape/open space areas, and general litter/debris. The applicant would be
required to implement a Water Quality Management Pian (WQMP) throughout the operational life of the
project. The purpose of the WQMP is to reduce the discharge of pollutants in stormwater and to eliminate
increases in pre-existing runoff rates and volumes by outlining BMPs, which must be incorporated into
the design plans of new development.
c) Would the project substantially alter the existing drainage pattern of the site or area,
including through the alteration of the course of a stream or river or through the addition of
impervious surfaces, in a manner which would:
L Result in substantial erosion or siltation on- or off-site;
ii. Substantially increase the rate or amount of surface runoff in a manner which
would result in flooding on- or off-site;
iii. 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; or
iv. Impede or redirect flood flows?
No Impact. (i -iv) Compliance with the City's Grading Ordinance and the Tustin 2019 Building Code
would ensure that the project is designed with adequate drainage improvements, erosion control
measures, and pollution control plans. The proposed residential use would not create significant impacts
to stormwater runoff or discharge pollutants due to post -construction activities. A Water Quality
Management Plan would be required prior to issuance of a building permit.
d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to
project inundation?
No Impact. The project is designated Zone X — Other Flood Areas in the most recent Flood Insurance
Rate Map prepared by the Federal Emergency Management Agency (FEMA) and is not located in a 100 -
year floor hazard area. (haps://www.fmglobal.com/research-and-resources/nathaz-toolkit/flood-map).
421 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1062 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
This zone is defined as "areas of .2 percent flood chance, areas of one percent annual chance of flood
with average depths of less than one foot or with drainage area less than one square mile, and areas
protected by levees from a one percent annual change of flood."
ej Would the project conflict with or obstruct implementation of a water quality control plan or
sustainable groundwater management plan?
No Impact. The proposed project is a priority project and a preliminary water quality management plan
(WQMP) has been prepared. At the time of building plan check, the project will be required to comply
with the City's Water Efficient Landscape Ordinance, NPDES General Construction permit from the State
Water Resources Board and prepare a SWPPP. The SWPPP includes BMPs to reduce water quality
impacts, including various measures to control on-site erosion, reduce sediment flows into storm water
and wind erosion, reduce tracking of soil and debris into adjacent roadways and off-site areas and
manage wastes, materials, wastewater, liquids, hazardous materials, stockpiles, equipment and other
conditions to prevent pollutants from entering the storm drain system
Mitigation Measures/Monitoring Required: NIA
Sources: Submitted Pians
Tustin City Code
Tustin General Plan
Tustin Grading Manual
Flood Insurance Rate Map
Tustin City Code Section 4900 et al -- Water Quality Control
Preliminary Water Quality Management Plan
Issues:
XI. LAND USE AND PLANNING.
Would the project:
a) Physically divide an established
community?
b) Cause a significant environmental
impact due to a conflict with any land
use plan, policy, or regulation adopted
for the purpose of avoiding or mitigating
an environmental effect?
Would the Project:
a) Physically divide an established community?
431 Page
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
❑
❑
❑
❑
Less Than
Significant
Impact
No
Impact
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001lDR 2019-00019)
City of Tustin
No impact. The proposed project involves a single parcel of 18,557 square feet and is improved with a
residential structure of 1,650 square feet and a 441 square -foot detached garage. The proposed project
includes the addition of five (5) residential apartment units on the parcel in a neighborhood that includes
commercial, multi -family residential and single-family residential uses. The project site is adjacent to
multi -family residential uses to the west and south, and commercial uses to the east of the project site.
The project would not create any land use barriers or otherwise divide or disrupt the existing physical
arrangement of the surrounding community. No impact would occur.
h) Cause a significant environmental impact due to a conflict with any land use plan, policy, or
regulation adopted for the purpose of avoiding or mitigating an environmental effect?
No impact. General Plan Amendment 2019-00001 proposes to change the property's General Plan
Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). The
property's prior Land Use Designation of Multiple Family Residential (MF) was changed to Community
Commercial (CC) during a comprehensive City initiated General Plan Update approved in 1994. Multiple
family zoning and use of the property was never changed to reflect CC Land Use Designation or
implement a commercial use. Without significant lot consolidation with other properties and
redevelopment along Newport Avenue, commercial development of the property is highly unlikely due to
the small lot size (18,577 square feet), lot orientation (narrow street frontage), and location (surrounding
residential uses). The proposed General Plan Amendment would return the property to its prior General
Plan Land Use Designation which would be consistent with the existing use of the properties and offer a
more practicable land use of the property given the existing context.
Mitigation Measures/Monitoring Required: NIA
Sources: Field verification
Submitted Plans
Tustin City Code
Tustin General Plan
Tustin Zoning Map
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact , With Impact
Mitigation
Incorporated
XII 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?
441Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant. Significant Impact
Impact With Impact
Mitigation
Incorporated
b) Result in the loss of availability of a ❑ ❑
ID
locally -important mineral resource
recovery site delineated on a local
general plan, specific plan or other land
use plan?
a) Would the project result in the loss of availability of a known mineral resource that would be of
value to the region and the residents of the state?
b) Would the project 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?
a -b) No impact. The project site is located within a completely urbanized area with no capability or
permission for mineral extraction activities. Any opportunity for extraction of underlying mineral resources
has been lost due to urbanization. The City of Tustin General Plan does not identify any locally important
mineral resources within the City. No impact to state, regional, or local mineral resources could occur and
future analysis of impacts to these resources will not be required for this project.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. City of Tustin General Plan
2. City of Tustin City Code
3. Submitted Plans
Issues:
XIII NOISE.
Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
451 Page
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
❑ ® ❑ ❑
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
b) Generation of excessive groundborne E] ❑
vibration or groundborne noise levels?
C) For a project located within the vicinity ® El
of a private airstrip or an airport land
use pian 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?
a) Would the project result in generation of a substantial temporary or permanent increase in
ambient noise levels in the vicinity of the project in excess of standards established in the local
general plan or noise ordinance, or applicable standards of other agencies?
Less than Significant With Mitigation Incorporated. The City of Tustin Noise Element of the General
Plan establishes noise requirements for indoor and outdoor residential uses. Both standards are based
on the CNEL Index and are 65 dB CNEL for exterior noise and 45 CNEL for interior noise. Chapter 6 of
the Tustin City Code identifies Noise Zone 1 for all residential properties with exterior Noise Level capped
at 55 db(A) from 7:00 a.m. to 10:00 p.m. and 50 db(A) 10:00 p.m. to 7:00 a.m.
The proposed project would create noise during project construction, which would be short term in nature
and conditions on construction permits require compliance with the Tustin City Code. The City of Tustin
limits construction activities to between the hours of 7:00 a.m. and 6:00 p.m. Mondays through Friday,
and the hours of 9:00 a.m. and 6:00 p.m. on Saturday and never on Sundays or city -observed federal
holidays. Construction activities that occur during allowable hours are exempt from noise standards. In
some cases, a temporary exception may be granted and conditions may be imposed on construction
activities to protect the health, safety and welfare of the community. Any approval granted may be
summarily revoked by the Building Official or Director of Public Works at the sole discretion of each
official. Additionally, pile drivers, hammers, operation of shovel, pneumatic hammer, grading a dexcaving
machinery, paving equipment or other appliance which is attended by loud or unusual noise is prohibited
between all hours on Sundays and city observed holidays.
Noises associated with ongoing operations of the project would include typical noise sources associated
with residential land use. The principal source of offsite noise in the project area would be traffic on local
roadways. No significant impact is expected from noise because the proposed multifamily land use is
not expected to general higher levels of noise than the surrounding traffic, commercial and residential
land uses.
Onsite noise measurements were taken on October 14, 2020, in order to document existing baseline
levels in the area, with traffic noise exposure a concern for the proposed residential units (Appendix B).
461 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
Air conditioning units during warmer weather and occasional aircraft overflights contribute to the typical
suburban ambient noise levels in the project area. San Juan Street, Newport Avenue and Interstate 5
are the most significant sources of transportation noise contributing to the ambient noise levels. The
projected indoor noise exposure is expected to exceed 45 dB CNEL in the rooms on level three (3) for
the four three (3) story residences with windows open. In order to meet the indoor noise criterion of not
exceeding 45 dB CNEL, windows and doors must remain closed and building ventilation must be
provided for the rooms on level 3 per the applicable California Building Code.
N-1: Prior to issuance of a building permit for three-story residences, the Project Applicant/Developer
shall submit a final acoustical report to the City of Tustin Director of Community Development, or
designee, that demonstrates that the interior noise levels in all habitable rooms shall not exceed 45 A -
weighted decibels (dBA) Community Noise Equivalent Level (CNEL), as defined by Title 24, Part 2 of the
California Building Code. Project Applicant/Developer shall provide, at a minimum, mechanical
ventilation for all new residential units per the applicable Building Code.
b) Would the project result in generation of excessive groundborne vibration or groundborne noise
levels?
Less than Significant Impact. The proposed residential condominium project is not anticipated to
expose persons to or generate noise levels in excess of local standards of the General Plan or noise
ordinance or expose persons to excessive groundborne vibration. Construction activities may result in
short term impacts to the noise environment, however, the project's construction activities do not include
activities known to induce strong vibration effects, such as those produced by tunneling or blasting.
c) For a project located within the vicinity of a private airstrip or 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?
Less than Significant Impact. John Wayne.Airport is located 6.8 miles southeast of the project site.
The project site is not within the John Wayne Airport Land Use Plan. Airplane overflight does occur in
the project area; however, noise associated with the overflights do not result in measurements that
exceed the City's noise standards. There are no other private airfields or airstrips in the vicinity of the
project site and no private airstrip is proposed as part of the project.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. City of Tustin General Plan
2. City of Tustin City Code
3. John Wayne Airport Environs Land Use Pian
3. Kiba Residential Complex Transportation Noise Study dated October 14, 2020
471Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial StudylMitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-40001/DR 2019-00019)
City of Tustin
Issues: Potentially Less Than Less Than Sm Now..,.
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XIV POPULATION AND HOUSING.
Would the project:
a) Induce substantial population growth in ❑ ❑
an area, either directly (for example, by
proposing new homes and businesses)
or indirectly (for example, through
extension of road or other
infrastructure)?
b) Displace substantial numbers of existing
housing, necessitating the construction
of replacement housing elsewhere?
a) Would the project Induce substantial population growth in an area, either directly (for example,
by proposing new homes and businesses) or indirectly (for example, through extension of road
or other infrastructure)?
Less than Significant Impact. The proposed project includes the construction of five (5) new
residential units and one (1) existing residential structure, for a total of six (6) residential units on the
project site for a net gain of five (5) dwelling units. The creation of five (5) additional dwelling units at the
subject property would not induce substantial population growth in an urban area that is already built out.
According to the City of Tustin General Plan, the proposed project would generate 2.15 persons per
dwelling. Therefore, the project would increase population by an estimated thirteen (13) new residents.
b) Displace substantial numbers of existing housing, necessitating the construction of replacement
housing elsewhere?
Less than Significant Impact. The project site is an existing residential property with one residential
unit located on it. The proposed project will not result in displacement of existing housing nor necessitate
construction of replacement housing.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. Field Verification.
2. Submitted Plans
3. Tustin General Plan
4. Tustin City Code
481 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001IDR 2019-00019)
City of Tustin
Issues: Potentially Less Than Less Than Nol,m..
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XV PUBLIC SERVICES.
Would the project:
a) 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:
i. Fire protection?
El
L]
®
El
ii. Police protection?
El
❑
®
El
ill. Schools?
L1
El
iv. Parks?
El
El
V. Other public facilities?
El
El
®
El
aj Would the project result insubstantial 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?
Less than Significant Impact: Fire services for Tustin are provided by Orange County Fire
Authority (OCFA). The OCFA is a regional fire service agency that provides structure fire
protection, emergency medical and rescue services, hazardous materials inspection and
response, and public education activities. Response times in the City vary based on the level of
emergency; however, the response time goal is for the first unit to arrive on scene in 7 minutes
and 20 seconds from receipt of the call, 80 percent of the time.
491 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001lDR 2019-00019)
City of Tustin
Three fire stations are strategically located throughout the City of Tustin, providing primary
response for fire suppression and emergency medical services to the community. Station 21 is
closest to the project site. Fire Station 21 is located at 1241 Irvine Boulevard, approximately 1.0
mile away from the project site. Fire Station 37 is located at 15011 Kensington Park Drive,
approximately 1.6 miles from the project site. Fire Station 43 is located at 11490 Pioneer Way,
Tustin, approximately 3.8 miles from the project site. Project compliance with requirements set
forth in the City's Building Regulations (Article 8 of the TCC), which references the City -adopted
California Fire Code, 2019 Edition, would provide protection for people and structures as well as
emergency medical services on site.
PPP -8 Prior to issuance of a grading permit the applicant or responsible party shall submit a fire
master plan (service code PR145) to the Orange County Fire Authority for review. Approval shall
be obtained prior to the issuance of grading or building permits.
No new fire department facilities would be required to be constructed to accommodate the
proposed multifamily residential development. The proposed project would be designed to
comply with all Fire Department access requirements and California Fire Code requirements,
would not impair emergency response vehicles or increase response times, and would not
substantially increase calls for service, thereby triggering the need for new or altered facilities.
fl. Police Protection?
Less than Significant Impact -- The project site is served by the City of Tustin Police Department
located within .30 miles northeast of the project site at 300 Centennial Way, Tustin, CA 92780. A
multifamily residential project consisting of six (6) residential units would not result in a significant
increase in demand for police protection services. The proposed project would not result in a
requirement for the construction of new or physically altered police facilities.
iii. Schools?
Less than Significant Impact. The project site is located within the boundaries of the Tustin
Unified School District (TUSD). The elementary, middle, and high school campuses closest to
the site are Benjamin Beswick Elementary School (approximately 1.0 miles), C. E. Utt Middle
School (1.3 miles) and Tustin High School (approximately 0.7 miles).
iv. Parks?
Less than Significant Impact, The City of Tustin has a population of approximately 83,000
served by 177.7 acres of public and private park land. The project site is located within 0.6 miles
from Pine Tree Park. The project is small in nature and no new park facilities would be required
as a result of the implementation of this project.
V. Other public facilities?
Less than Significant Impact. The Orange County Public Library (OCPL) has a network of 33
libraries throughout the County, and one of the OCPL branches is located in the City of Tustin.
The Tustin Branch Library is located at 345 E. Main Street, Tustin, CA 92780, approximately 0.25
miles northeast of the project site. According to the Growth Management Element of the Orange
County General Plan, the County's standards for library service are one 10,000 sf branch library
50Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
facility per 50,000 residents, or if appropriate, one 15,000 square -foot regional library per 75,000
residents. Tustin Library, opened in 2009, is a 32,000 square -foot library with a book capacity of
209,000 volumes. As of the census in 2010, Tustin had a population of 75,540. Therefore, the
OCPL is currently meeting the County's standard for library size for the City.
Demands for library service are generated by the population in a library's service area. The
project would increase area residents by approximately 13 persons requiring 4.96 square feet (or
0.2 square foot per person) of library space. The project would not create a need for additional
library service. Furthermore, authorized by Government Code Section 6601, the Orange County
Board of Supervisors adopted resolution No. 13-062 with respect to the Development Fee
program for Branch Libraries, stating that those facilities have been constructed and the fee
program is no longer needed. Therefore, impacts to public libraries would be less than significant
and no mitigation is required.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. City of Tustin General Plan (November 1, 2018)
2. City of Tustin Zoning Code
3. Growth Management Element of the Orange County General Plan.
Issues:
XVI RECREATION.
Would the project:
a) Increase the use of existing
neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational facilities which
have an adverse physical effect on the
environment?
Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
❑ ❑ ® ❑
❑ ❑ ❑
a) Would the project increase the use of existing neighborhood and regional parks or other
recreational facilities such that substantial physical deterioration of the facility would occur or
be accelerated?
Less Than Significant Impact. The proposed project is small in nature and involves the construction of
two (2) duplexes and one (1) detached single family residence and an existing residential structure. The
511 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001 /DR 2019-00019)
City of Tustin
proposed project would not result in the substantial physical deterioration or significantly increase the use
of existing neighborhood and regional parks due to the low number of residential units and anticipated
number of residents (2.15 residents per dwelling unit or approximately 13 residents),
b) Does the project include recreational facilities or require the construction or expansion of
recreational facilities which have an adverse physical effect on the environment?
No impact. The project would include common areas located on the project site. These include a
courtyard with barb-ques, seating, a children's play area, dog run, and basketball court and open
landscaped areas. These amenities would not have an adverse physical effect on the environment.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. City of Tustin General Plan (November 1, 2018)
2. City of Tustin Zoning Code
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XVII TRANSPORTATION.
Would the project:
a) Conflict with a program, plan, ❑ El ❑ ED
ordinance or policy addressing the
circulation system, including transit,
roadway, bicycle and pedestrian
facilities?
b) Conflict or be inconsistent with C1=QA L1 ❑
Guidelines section 15064.3,
subdivision (b)?
C) Substantially increase hazards due to F-1 F-1 19
a design feature (e.g., sharp curves
or dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency El
access?
521 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 201900019) City of Tustin
a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation
system, including transit, roadway, bicycle and pedestrian facilities?
No impact. The project would not conflict with any program, plan, ordinance or policy addressing the
circulation system, including transit, roadway, bicycle and pedestrian facilities. Transit service in the
project area is served by Orange County Transit Authority (OCTA). Pedestrian facilities in the project
area include sidewalks and crosswalks. There is a Class 1 bicycle route on Newport Avenue, between
FI Camino Real and Irvine Boulevard, approximately 0.1 mile from the project site.
b) Would the project Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision
(b)?
Less than Significant Impact. Pursuant to CEQA Guidelines Section 15064.3, generally, projects within
one-half mile of either an existing major transit stop or a stop along an existing high-quality transit corridor
should be presumed to be less than significant transportation impact. The project site is located within
300 lineal feet from a bus stop on Newport Avenue, between 1-5 and Walnut Street, which is classified
as an augmented primary arterial highway.
c) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or
dangerous intersections) or incompatible uses (e.g., farm equipment)?
No Impact. The proposed project is located on an existing rectangular lot of less than 0.50 acres and is
within an urbanized area. The project would meet all development standards such as setbacks, open
space, drive aisles, etc.
d) Would the project result in inadequate emergency access?
No Impact. The Orange County Fire Authority and Tustin Police have reviewed the project plans and
have not identified any concerns on the property regarding emergency access.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. City of Tustin General Plan (November 1, 2018)
2. City of Tustin Zoning Code
3, CEQA Guidelines
53Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XVIII TRIBAL CULTURAL RESOURCES
Would the project cause a substantial adverse change
in the significance of a tribal cultural resource, defined
in Public Resources Code section 21074 as either a
site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope
of the landscape, sacred place, or object with cultural
value to a California Native American tribe, and that is:
a) Listed or is eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in Public
Resources Code section 5020.1(k).
b) A resource determined by the lead
agency, in its discretion and supported
by substantial evidence, to be significant
pursuant to criteria set forth in
subdivision (c) of Public Resources
Code section 5024.1. In applying the
criteria set forth in subdivision (c) of
Public Resources Code section 5024.1,
the lead agency shall consider the
significance of the resource to a
California Native American tribe.
/1
►1
FE -1
0
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined
in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural
value to a California Native American tribe, and that is:
a) Listed or is eligible for listing in the California Register of Historical Resources, or in a local
register of historical resources as defined in Public Resources Code section 5020.1(k).
Less than Significant Impact: As discussed in Section V (Cultural Resources), the project site contains
a historical resource identified in the City of Tustin Historic Resources Surveys (1990 and 2003). The
existing resource has an NRHP status code of 5S3 (Not eligible for separate listing or designation under
an existing local ordinance but is eligible for special consideration in local planning). The historical
resource is significant for its Colonial Revival style with Craftsman influence and its association with early
541 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019) City of Tustin
Tustin residents. The house was built in 1907 by Edward E. Smith, a local walnut grower. Historical
photographs indicate that the house was surrounded by groves until at least 1930. Based on prior
agricultural uses and development on the site, it is unlikely that the project would result in a substantial
adverse change in a tribal cultural resource defined pursuant to California Public Resources Code
Section 21074.
b) A resource determined by the lead agency, in its discretion and supported by substantial
evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources
Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code
section 5024.1, the lead agency shall consider the significance of the resource to a California
Native American tribe.
Less than Significant With Mitigation Incorporated: There are no known Tribal Cultural Resources
within the boundaries of the project site. The project Site has been subject to agricultural land uses,
previous development and demolition activities (removal of unpermitted structures) and it is unlikely to
be significant pursuant to Public Resources Code Section 5024.1(c). In considering the significance of
the resource to a California Native American tribe, the City contacted the NAHC for a listing of tribes with
traditional lands or cultural places located within the boundaries of the project site and to search the
Sacred Lands File (SLF). The SLF search result was negative. The City contacted the tribes per the
NAHC listing, and only one tribal representative responded --- Andrew Salas of Gabrieleno Band of
Mission Indians — Kizh Nation.
The Gabrieleno Band of Mission Indians — Kizh Nation considers the project site to be within its ancestral
tribal territory, descending from a higher degree of kinship than traditional or cultural affiliation. They also
indicated that the project site is in a sensitive area and may cause a substantial adverse change in the
significance of the Tribal Cultural Resources. For this reason, they recommended a tribal monitor(s) to
be present during ground disturbing activities. Upon discovery, if the finds are determined to be Native
American, the coroner will notify the NAHC as mandated by state law who will then appoint a Most Likely
Descendent. The Gabrieleno Band of Mission Indians — Kizh Nation indicated that to the tribe, the term
"human remains" encompasses more than human bones, but also the burial of funerary objects with the
deceased, and the ceremonial burning of human remains. These remains are to be treated in the same
manner as human bones that remain intact. Associated funerary objects are objects that are reasonably
believed to have been placed with individual human remains either at the time of death or later as part of
the death rite or ceremony of a culture. Other items made exclusively for burial purposes or to contain
human remains can also be considered associated funerary objects. Because there is a possibility that
grading and excavation activities during implementation of the proposed project could impact previously
undisturbed Tribal Cultural Resources, MM -TCR -1 shall be required to reduce this potential impact to
less than a significant level.
Mitigation Measures/Monitoring Required:
MM -TCR -1 Prior to the issuance of a grading permit and commencement of any ground disturbing
activity at the project site the project applicant shall retain a Native American Monitor approved by the
Gabrieleno Band of Mission Indians-Kizh Nation — the tribe that consulted on this project pursuant to
Assembly Bill A52 - SB18 (the "Tribe" or the "Consulting Tribe"). copy of the executed contract shall be
submitted to the City of Tustin Community Development Department prior to the issuance of any permit
necessary to commence a ground -disturbing activity. The Tribal monitor shall only be present on-site
551 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019) City of Tustin
during the construction phases that involve ground -disturbing activities. Ground disturbing activities are
defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or
auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project
site,
The Tribal Monitor shall complete daily monitoring logs that will provide descriptions of the day's activities,
including construction activities, locations, soil, and any cultural materials identified. The on-site
monitoring shall end when all ground -disturbing activities on the Project Site are completed, or when the
Tribal Representatives and Tribal Monitor have indicated that all upcoming ground -disturbing activities at
the Project Site have little to no potential for impacting Tribal Cultural Resources.
Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate
vicinity of the find (not less than the surrounding 25 feet) until the find can be assessed. All Tribal Cultural
Resources unearthed by project activities shall be evaluated by the Tribal monitor approved by the
Consulting Tribe. if the resources are Native American in origin, the Consulting Tribe will retain it/them in
the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes.
If human remains and/or grave goods are discovered or recognized at the Project Site, all ground
disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code
Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and gravelburial goods
shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Work may
continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place
(CEQA Guidelines Section 15064.5[f]). If a non -Native American resource is determined by the county
certified archaeologist to constitute a "historical resource" or "unique archaeological resource," time
allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate
mitigation, must be available. The treatment plan established for the resources shall be in accordance
with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for
unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of
treatment. If preservation in place is not feasible, treatment may include implementation of archaeological
data recovery excavations to remove the resource along with subsequent laboratory processing and
analysis. Any historic archaeological material that is not Native American in origin shall be curated at a
public, non-profit institution with a research interest in the materials, such as the Natural History Museum
of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no
institution accepts the archaeological material, it shall be offered to a local school or historical society in
the area for educational purposes.
Sources: 1. City of Tustin General Plan (November 1, 2018)
2. City of Tustin Zoning Code
561 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94F0
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
Issues: Potentially Less Than Less Than No
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XIX UTILITIES AND SERVICE SYSTEMS.
Would the project:
a) Require or result in the relocation or ❑ E
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
b) Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
C) Result in a determination by the F-1 F-1 ® El
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?
d) Generate solid waste in excess of State F-1 ® F-1
or local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?
e) Comply with federal, state, and local 0 F-1 ® F-1
management and reduction statues and
regulations related to solid waste?
a) Would the project require or result in the relocation or construction of new or expanded water,
wastewater treatment orstorm waterdrainage, electric power, natural gas, or telecommunications
facilities, the construction or relocation of which could cause significant environmental effects?
No Impact. The project site is located within an urbanized area where utilities such as water, electric
power, natural gas, telecommunications facilities are already provided. No construction or relocation of
utilities would be required.
571 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial StudylMitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
b) Would the project 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?
Less than Significant Impact. The project site is within the service area of the City of Tustin Public
Works Department, Water Services Division. The Water Services Division prepared a 2016 Urban Water
Management Plan (UWMP) which provides information on present and future water resources and
demands and assesses water resource needs for the utility. The UWMP determined that the City is
capable of meeting the water demands of its customers in normal, dry, and multiple dry years through
2040. Based on the City's water use per day in 2016 of 122 gallons per capita, the estimated 13 residents
would generate an additional water demand of 1,586 gallons per day compared to existing conditions.
The City would have sufficient water supply to serve the project into the foreseeable future.
c) Would the project 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?
Less than Significant Impact. Construction of new waste water treatment and/or storm drain facilities
to service the project are not required. The project will connect to the existing sewer system. Compliance
with utility or service provider and City requirements identified during project review will ensure no impacts
will occur.
d) Would the project generate solid waste in excess of State or local standards, or in excess of the
capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Less than Significant Impact: CR&R Waste Services provides solid waste collection and disposal
services to the City of Tustin. The project would be required to comply with local, state and federal
requirements for integrated waste management (i.e., recycling) and solid waste disposal. The project is
anticipated to have no impact on landfill capacity.
e) Would the project comply with federal, state, and local management and reduction statues and
regulations related to solid waste?
Less than Significant Impact. Tustin City Code (TCC) Section 4351 et seq. require diversion of
construction and demolition debris in conformance with California Green Building Standards Code. A
minimum of 65% of construction and demolition debris must be diverted from landfills. All applicants are
required to complete and submit a WRRP to the Public Works Department as part of the application
packet for a construction permit.
Mitigation Measures/Monitoring Required: N/A
Sources: 1. City of Tustin General Plan
2. City of Tustin Zoning Code
3. OC Watersheds http://www.ocwatersheds.com/documents/damp
4. Water Code Section 10910, et. Seq. (SB 610), and the requirements of
Government Code Section 664737 (SB 221)
5. 2015 UWMP
581 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019) City of Tustin
Issues:
responsibility areas or lands
classified as very high fire hazard
severity zones.
Would the project:
a) Substantially impair an adopted
emergency response plan or
emergency evacuation plan?
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire risks,
and thereby expose project occupants
to, pollutant concentrations from a
wildfire or the uncontrolled spread of a
wildfire?
C) Require the installation or maintenance
of associated infrastructure (such as
roads, fuel breaks, emergency water
sources, power lines, or other utilities)
that may exacerbate fire risk or that may
result in temporary or ongoing impacts
to the environment?
d) Expose people or structures to
significant risk, including downslope or
downstream flooding or landslides, as a
result of runoff, post -fire slope
instability, or drainage changes?
Potentially
Significant
Impact
Less Than
Significant
With
Mitigation
Incorporated
❑
❑
❑
❑
INK
0
❑■
Less Than No
Significant Impact
Impact
XX WILDFIRE. if located in or near stateEl Z
❑■
�R
041
a) Would the project substantially impair an adopted emergency response pian or emergency
evacuation plan?
No impact. The project site is located in an urbanized area is not located in or near lands classified as
very high fire hazard severity zones.
591 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019) City of Tustin
b) Would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks,
and thereby expose project occupants to, pollutant concentrations from a wildfire or the
uncontrolled spread of a wildfire?
No impact. The project site is not located in or near lands classified as very high fire hazard severity
zones.
c) Would the project require the installation or maintenance of associated infrastructure (such as
roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate
fire risk or that may result in temporary or ongoing impacts to the environment?
No impact. The project site is not located in or near lands classified as very high fire hazard severity
zones.
d) Would the project expose people or structures to significant risk, including downslope or
downstream flooding or landslides, as a result of runoff, post fire slope instability, or drainage
changes?
No impact, The project site is flat and located within an urbanized area. it is not located in or near
lands classified as very high fire hazard severity zones.
Mitigation Measures/Monitoring Required: N/A
Sources: 1. City of Tustin General Pian (November 1, 2018)
2. City of Tustin Zoning Code
3. Submitted Plans.
3. CALFIRE Very High Fire Hazard Severity Zone Map; Orange County, October
2011. https://www.ocoublicworks.com/civicax/filebank/blobdload.aspx?BloblD=8755
601 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-000011DR 2019-00019)
City of Tustin
Issues: PotentiallyR Less ThanM Less Than FNNo �.
Significant Significant Significant Impact
Impact With Impact
Mitigation
Incorporated
XVIII MANDATORY FINDINGS OF SIGNIFICANCE=
a) Does the project have the potential to
substantially 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, substantially reduce the
number or restrict the range of a rare or
endangered plant or animal or eliminate
important examples of the major periods
of California history or prehistory?
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the
incremental effects of a project are
considerable when viewed in
connection with the effects of past
projects, the effects of other current
project, and the effects of probable
future projects.)
C) Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
Items a -c Wo Impact"
❑ ❑ ❑
❑ ❑ ❑
❑ ❑ ❑
This project is a small infill project located in an urbanized area in the City of Tustin. The project is currently
occupied by a single family residence. The project site is not populated or used by any species identified as
a candidate, sensitive or special status, and does not contain habitat that would support sensitive species.
The project site is not within or adjacent to the NCCPIHCP Habitat Reserve. Therefore, there would be no
impact to fish or wildlife population, reduce the number of rare or endangered plant or animal or eliminate
examples of the major periods of California history or prehistory.
611 Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
City of Tustin
The project involves the development of five (5) residential units consisting of three (3) new buildings and
one (1) existing detached single-family residential building. General Plan Amendment 2019-00001 would
return the property to the General Plan Land Use Designation for high density residential purposes which the
property was previously designated consistent with other residentially used properties along San Juan Street.
The neighborhood is built -out within an urbanized area and has been developed for residential purposes.
The project meets the applicable development standards of the Multiple Family Residential (R3 2000) zoning
district. There are no cumulative impacts anticipated and the project is not expected to have any adverse
effects on human beings.
For all resources analyzed, with the incorporation of feasible mitigation measures (CUL -1, CUL -2, CUL -3,
MM -TCR -1), proposed Project would not result in impacts to Cultural Resources or Tribal Cultural Resources.
Therefore, the Project would not degrade the quality of the environment, substantially reduce the habitat of
a fish or wildlife species, cause 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.
Mitigation Measures/Monitoring Required: NIA
Sources: 1. Submitted plans.
2. Tustin City Code
3. City of Tustin General Plan
621Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
APPENDIX A
CALEEMOD
631 Page
City of Tustin
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Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Pian Amendment only)
(GPA 2019-0000111DR 2019-00019)
APPENDIX B
City of Tustin
TRANSPORTATION NOISE ANALYSIS FOR KIBA RESIDENTIAL PROJECT
OCTOBER 14, 2020
641Page
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Transportation Noise Analysis
for
Kiba Residential Complex
Rev. 1
Project # 2010A
October 14, 2020
Chris Kellstrom
1042 San Juan Street
Tustin CA
Eric Seavey, P.E., INCE Bd. Cert,
SEAVEY ACOUSTICS, LLC
17192 Murphy Avenue #15661
Irvine, CA 92623
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Transportation Noise Analysis for Kiba Residential Complex
1 INTRODUCTION
1042 San Juan Street, Tustin, CA is a residential lot located on the southside of San Juan
Street between Newport Avenue and Orange Street with one single family residential unit. The
project proposes to build two duplex 3 -story structures and a 2 -story single family structure. The
3 -story structures will be built on the southeast and south west sides of the property, and the
2 -story structure will be built next to the existing single family structure on the northwest side of
the property. Figure 1 presents the vicinity map and Figure 2 presents the project site.
Figure 1. Vicinity Map of 1042 San Juan Street Project
J t 1 i g t 7
" r
y
9�2 San Ju8
� 4 i �'T aspen � .. •\\ .y�;y .
1
=`Y
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Transportation Noise Analysis for Kiba Residential Complex
Figure 2. Site Map of 1042 San Juan Street Project
This project site is surrounded by residential land use with a main roadway, San Juan Street,
along the northeast side of the property. Air conditioning units during warmer weather and
occasionally aircraft overflights contribute to the typical suburban ambient noise levels in this
area. San Juan Street, Newport Avenue and Interstate 5 are the most significant sources of
transportation noise contributing to the ambient noise levels. This report will include any outdoor
or indoor traffic noise mitigation required to meet the Conditions of Approval by the City of
Tustin.
2 NOISE EXPOSURE CRITERIA
The City of. Tustin specifies outdoor and indoor noise exposure limits for residential land uses,
and are based on the Community Noise Equivalent Level (CNEL). The CNEL is a 24-hour
time -weighted annual A -weighted average noise level. A -weighting is a frequency dependent
adjustment that correlates overall sound pressure levels with the frequency response of the
human ear. Time weighting refers to the fact that noise that occurs during certain
noise -sensitive time periods is given more significance. In the calculation of CNEL, noise
occurring in the evening time period (7 p.m. to 10 p.m.) is increased by 5 dB, while noise
occurring in the nighttime period (10 p.m. to 7 a.m.) is increased by 10 dB.
2
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Transportation Noise Analysis for Kiba Residential Complex
The City of Tustin has adopted an outdoor noise exposure limit of 65 dB CNEL for the private
patio areas and balconies for residential structures. In addition, the City uses an indoor noise
limit of 45 dB CNEL for habitable spaces.
3 OUTDOOR NOISE EXPOSURE
To determine the noise exposure from traffic noise, Soundplan Essentials is used and
calculates noise propagation in accordance with the Federal Highway Administration Traffic
Noise Model. The Arterial Traffic Distribution Estimate was compiled by the Orange County
Environmental Management Agency, and is based on traffic counts at 31 intersections
throughout the Orange County area. Arterial traffic distribution estimates can be considered
typical for arterials in Southern California. The traffic distribution for Interstate 5 (1-5) was
obtained from 2016 data from California Performance Measurement System (PeMS). For this
study, The arterial and 1-5 traffic distribution was used in the analysis, and is presented in Table
1.
Table 1 Annual Average Daily Traffic Distribution Percentage
Vehicle Type
Day
Evening
Night
Arterial Roadways
Auto
75.51%
12.57%
9.34%
Medium Truck
1.56%
0.09%
0.19%
Heavy Truck
0.64%
0.02%
0.08%
1-5
Auto
74.14%
12.10%
9.17%
Medium Truck
1.4%
0.23%
0.17%
Heavy Truck
2.18%
0.36%
0.27%
The Annual Average Daily Traffic (AADT) for San Juan Street and a number of major roadways
in the vicinity of the project were obtained from the City of Tustin for 2018, and extrapolated to
year 2040 buildout conditions with a 2% per year AADT increase. The AADT for 1-5 was
obtained from the 2019 Traffic Flow Map, and extrapolated to year 2040 buildout conditions with
a 2% per year AADT increase. Table 2 presents the AADT used for calculating the traffic noise
exposure.
Table 3 presents the projected noise exposure for a number of facades with highest traffic noise
exposure and the front yard of the 2 -story residence. The projected outdoor noise exposure
does not exceed 65 dB CNEL at any facade of the building at any level and the front yard. No
further outdoor noise mitigation is required. Appendix A includes a graphical layout of the
CNEL calculation locations and noise exposure levels. Appendix B includes the noise exposure
contributions for each roadway.
3
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Transportation Noise Analysis for Kiba Residential Complex
Table 2 Year 2040 Buildout AADT Used for the Traffic Noise Exposure Calculations
Roadway
1-5
Newport Ave.
E. Main St.
Bryan St,
San Juan St.
AADT
520,995
44,060
19,325
22,262
5,720
Speed Limit
65
35
40
40
25
(mph)
55
57
Northern 3 -Story Residence SE Facade
49
53
Table 3 Projected Year 2040 CNEL Noise Exposure at Kiba Residential Complex
Noise Exposure Location
Projected CNEL (dB)
Level 1
Level 2
Level 3
Front Yard
63
-
2 -Story Residence NE Facade
60
-
-
2 -Story Residence NW Facade
53
58
-
Northern 3 -Story Residence NW Facade
49
55
57
Northern 3 -Story Residence SE Facade
49
53
58
Southern 3 -Story Residence NW Facade
49
54
56
Southern 3 -Story Residence SE Facade
50
56
58
Windows/Doors Closed
With construction practices common in California, residential buildings achieve
outdoor -to -indoor noise level reductions of at least 20 dB. The indoor CNEL is equal to the
outdoor -to -indoor noise level reduction subtracted from the outdoor CNEL.
With all windows and doors closed, the indoor noise exposure is projected to range from 27 to
40 dB CNEL. The projected indoor noise exposure does not exceed 45 dB CNEL in any rooms
with windows and doors closed. No further noise mitigation is necessary.
Windows/Doors Open
If building occupants want fresh air, they may open their windows if there is no other means of
building ventilation. However, with windows and/or doors open, the outdoor -to -indoor noise
level reduction reduces to approximately 12 dB.
With windows and/or doors open, rooms of the 2 -Story Residence have indoor noise exposures
ranging from 41 to 48 dB CNEL. The projected indoor noise exposure is expected to exceed 45
dB CNEL Living Room, Dining Room, Bedroom 2 and Bedroom 3 of the 2 -Story Residence with
4
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Transportation Noise Analysis for Kiba Residential Complex
windows and/or doors open. In order to meek the indoor noise criterion of not exceeding 45 dB
CNEL, windows and doors must remain closed, and building ventilation must be provided per
the applicable California Building Code.
With windows and/or doors open, rooms of the four 3 -Story Residences have indoor noise
exposures ranging from 37 to 46 dB CNEL. The projected indoor noise exposure is expected to
exceed 45 dB CNEL in the rooms on level 3 of the four 3 -Story Residences with windows open.
In order to meet the indoor noise_ criterion of not exceeding 45 dB CNEL, windows and doors
must remain closed. and building ventilation must be provided for the rooms on level 3 per the
applicable California Building Code.
5
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Transportation Noise Analysis for Kiba Residential Complex
Appendix A
Calculated Traffic Noise Exposure Locations
C
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Transportation Noise Analysis for Kiba Residential Complex
Appendix B
Noise Exposure Contributions per Roadway
DocuSign Envelope ID: F212B61 E-7969-4838-ABED-OA37AD7F94FO
Contribution levels of the receivers
Level
Source name
Traffic lane
Lden
dB(A)
Bryan Street
36.7
E Main Street
39.0
1-5
-
44.4
Newport Ave
-
53.4
San Juan Street EB
56.2
San Juan Street WB
54.5
Bryan Street
33.3
E Main Street
28.5
1-5
45.5
Newport Ave
50.4
San Juan Street EB
44,9
San Juan Street WB
44.2
Bryan Street
-
36.7
E Main Street
29,5
1-5
-
48.0
Newport Ave
-
55.4
San Juan Street EB
49.7
San Juan Street WB
49.2
0h
\�i.s
Bryan Street
37.9
E Main Street
40,8
1-5
45.3
Newport Ave
56.1
San Juan Street EB
59.2
San Juan Street WB
57.0
y�}[
Bryan Street
23.1
E Main Street
22.3
1-5
-
46.1
Newport Ave
40.9
San Juan Street EB
29.0
San Juan Street WB
28.8
M4 1.1
Bryan Street
24.6
E Main Street
-
24.3
1-5
-
49.2
Newport Ave
461
San Juan Street EB
29.4
San Juan Street WB
29.4
Bryan Street
29.3
E Main Street
26.6
1-5
42.3
Newport Ave
-
47.7
San Juan Street EB
-
32.6
San Juan Street WB
-
32.2
p � a
z
�"E�1'
��
' .. .. -.', „x. .�:. o, . � . � _ � R, ... 4..`������k < �n.�.tr���,i���? �t�•� was... �,.., r.A��� : �bn
�;�.;
Bryan Street
32.7
E Main Street
27.7
1-5
-
45.6
Newport Ave
54.6
San Juan Street EB
-
40.6
San Juan Street WB
40.4
Bryan Street
-
34.3
E Main Street
-
30.6
DocuSign Envelope ID: F212B61 E-7969-4838-ABED-OA37AD7F94FO
Contribution levels of the receivers
Level
Source name
Traffic lane
Lden
dB(A)
1-5
48.4
Newport Ave
-
55.6
San Juan Street EB
-
41.4
San Juan Street WB
41.1
i`W,M c ea g �" E� yam. "� +F- k t �:y $ a '(","' F'",.,,5'W^ .•;;y '"w' �`
Bryan Street
28.5
E Main Street
22.9
1-5
47,6
Newport Ave
39.2
San Juan Street EB
38,3
San Juan Street WB
38.0
Bryan Street
30.2
E Main Street
23.2
1-5
52.1
Newport Ave
44.6
San Juan Street EB
36.8
San Juan Street WB
36.5
Bryan Street
-
29.2
E Main Street
-
25.3
1-5
-
57.4
Newport Ave
46.9
San Juan Street EB
-
37.2
San Juan Street W B
-
37.1
Bryan Street
35.3
E Main Street
-
25.0
1-5
-
46.7
Newport Ave
43.2
San Juan Street EB
36,2
San Juan Street WB
35.9
y �}
Bryan Street
37.0
E Main Street
264
1-5
50.9
Newport Ave
49.9
San Juan Street EB
35.5
San Juan Street WB
35.2
Bryan Street
38.2
E Main Street
-
29.1
1-5
-
54.5
Newport Ave
51.2
San Juan Street EB
-
35.9
San Juan Street WB
-
35.8
Bryan Street
27.4
E Main Street
20.7
1-5
49.3
Newport Ave
-
33.7
San Juan Street EB
26,1
San Juan Street WB
-
26.3
Bryan Street
-
33.2
E Main Street
23.2
1-5
55.7
Newport Ave
38.7
San Juan Street EB
30.3
San Juan Street WB
30.1
DocuSign Envelope ID: F212B61 E-7969-4838-ABED-OA37AD7F94FO
Contribution levels of the receivers
Source name
Traffic lane
Level
Lden
dB(A)
g
S$dIV;- R?
Bryan Street
E Main Street
1-5
Newport Ave
San Juan Street EB
San Juan Street WB
-
-
28.9
23.3
58.0
42.7
32.8
33.7
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
Initial Study/Mitigated Negative Declaration
1042 San Juan Street Apartment Project and
1052 San Juan Street (General Plan Amendment only)
(GPA 2019-00001/DR 2019-00019)
APPENDIX C
CITY OF TUSTIN
HISTORIC RESOURCES SURVEY (1990 AND 2003)
65 Page
City of Tustin
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
ADDRESSt
1042 SAN JUAN ST
DATE:
1907
S TYLE t
COLONIAL. RRVIYAL
SOURCE, RATING:
T B
ALTERATIONS,
F
HISTORICAL DISTRICT:
117
COMMENT:
DESCRIPTION:
CrrY Q0IF TUSTRN HICSTOI CAL SURVEY
Colonial Revival in style, the single•storled rasidonca at 1042 is crowned with a hippod roof featuring gabled wings to the front
and out side. Crlssoroem lattioework Venting'
ry
caed triangufar braces and a raw of decmdvc knobs accent the gable faces. A
wrap-around porch runs across the front and down the weer side, contracting the gabled wings. The main rotrf continues downward,
without a break, to form the. porch roof, which is supported by pairs of narrow wood posts. horizontal braces accent the posts. A
plain wood railing, with both vertical and horizontal balusters, borders the porch, A pair of double -hung windows, topped with
molding•trimrned lintels, Is centered in the front wing. A large plate glass window rests beside the panclod front door (not
original), Doubly -hung windows arc used throughout the rest ofthe house.
SIGNIFICANCE-.
Edward E. Smith, a local walnut grower, built this house in €907, He sold it that same year to J. kl Shaffer, who irnmodiatcly sold
it to Martha Rantz, By 1909 Matthew .and. Birdie Truran had purchased the property, adding w several other lots that they had
accumulated in that block. The area became known as "Truranville" by local rosidents, because the T'rurans owned several p€coos of
proptarty and built.aavoral homos here. In 1937 when .Birdie Truran's estate was settled, this house was deeded Io Hon. Tramn, one
of her sons, Edward Hawkins and his wife, Ruth, purchased ,Etc house that sante year and continued to awn it until 1945. 13 S.
Richardson and his wife, Vivian, owned the house during the war. He was a carpenter. A good example of a Colonial Revival
house, with Craftsman Influence, the residence is significant to the city because of its architectural style,
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
1042 SAN JUAN STREET
See following pages for property information
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
EXHIBIT B OF RESOLUTION 21-12
OUTSIDE AGENCY COMMENTS
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
r tl)'M
k4l
Irvine Ranch
WATER DISTRICT
January 12, 2021
Elaine Dove, Senior Planner Via email: edove@tustinca.org
City of Tustin
Community Development Department
300 Centennial Way
Tustin, CA 92780
Re: Notice of Intent -- Kiba Residential Project Mitigated Negative Declaration
Dear Ms. Dove:
Irvine Ranch Water District (IRWD) has reviewed the Notice of Intent (NOI)/Mitigated Negative
Declaration (MND) for the Kiba Residential Project in Tustin.
After reviewing the NOI/MND, IRWD has confirmed that although IRWD serves a portion of the
City of Tustin, this project is not within IRWD's service area. Therefore, it is IRWD's understanding
that this project should have no impacts to IRWD. If this is not correct or if there are any future
changes to the project which may impact IRWD, Tustin is required to notify IRWD so that IRWD can
review and comment, if necessary, on all future environmental compliance for the proposed project.
IRWD appreciates the opportunity to review the NOI/MND for the Kiba Residential Project. If you
have any questions, please contact the undersigned or JoAnn Corey, Environmental Compliance
Analyst at (949) 453-5326.
Sincerely,
A&d64'r�
Fiona M. Sanchez
Director of Water Resources
cc: Jo Ann Corey, IRWD
Irvine Ranch Water District • 15600 Sand Canyon Ave., Irvine, CA 92618 • Mailing Address: P.O. Box 57000, Irvine, CA 92619-7000 • 949-453-5300 • www.irwd.com
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
tus in
Uriij:iea ScbooL Distrzict
Maintenance, Operations and Facilities
1302 Service Road, Tustin, CA 92780 - (714) 730-7515
January 15, 2021
City of Tustin Community Development Department
300 Centennial Way
Tustin, CA 92780
Attn: Elaine Dove, Senior Planner
FAX (714) 731-5497
SUBJECT: Comments on Draft Mitigated Negative Declaration:
Design Review 2019-00019 & General Plan Amendment 2019-00001 — 1042 and 1052 San Juan
Street; Kiba Residential Project
Dear Ms. Dove -
On behalf of the Tustin Unified School District (District), thank you for the opportunity to provide comments
on the Mitigated Negative Declaration for Design Review 2019-00019 & General Plan Amendment 2019-
00001 — 1042 and 1052 San Juan Street; Kiba Residential Project (Project). The District offers the following
comment on the Project:
1. Please note that residential School Fees, levied pursuant to Education Code Section 17620 and
Government Code 65995, will be applicable for the new residential units to be constructed as part of the
Project. The fee will be based on the residential fee per square foot that is in place at the time the
building permit is obtained (currently $4.08 per square foot).
Thank you again for the opportunity to provide comments on the Project. If you have any further questions, I
can be reached at (714) 730-7515, Extension 50404.
Sincerely,
�11
Tom Rizzuti
Director, Facilities & Planning
Cc: Sal Sanchez, Senior Director, Maintenance Operations & Facilities
Anthony Soria, Chief Financial Officer
BOARD OF EDUCATION
Jonathan Abelove - Allyson Damikolas • Lynn Davis - James H. Laird - Jonathan Stone
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
ORANGE COUNTY FIRE AUTHORITY
P. O. Box 57115, Irvine, CA 92619-7115
1 Fire Authority Way, Irvine, CA 92602
s
Brian Fennessy, Fire Chief • www.ocfa.org • (714) 573-6000 /Fax (714) 368-8843
November 9, 2020
City of Tustin
Community Development Department
Attn: Elaine Dove, Senior Planner edove@tustinca.org
300 Centennial Way
Tustin, CA 92780
Ref: General Plan Amendment (GPA) 2019-00001, Design Review (DR) 2019-00019 Zone 1042
and 1052 San Juan Street, Tustin, CA
Dear Elaine:
Thank you for the opportunity to review the subject document. The Orange County Fire Authority
(OCFA) provides fire protection and emergency medical services response to the project area.
Services include: structural fire protection, emergency medical and rescue services, education and
hazardous material response. OCFA also participates in disaster planning as it relates to emergency
operations, which includes high occupant areas and school sites and may participate in community
disaster drills planned by others. Resources are deployed based upon a regional service delivery
system, assigning personnel and equipment to emergency incidents without regard to jurisdictional
boundaries. The equipment used by the department has the versatility to respond to both urban and
wildland emergency conditions. The following are our comments:
The project is subject to review by the City and OCFA for various construction document plan
checks for the applicable fire life safety codes and regulations. The project will be subject to the
current editions of the CBC, CFC and related codes.
We would like to point out that all standard conditions with regard to development, including water
supply, built in fire protection systems, road grades and width, access, building materials, and the
like will be applied to this project at the time of plan submittal. Thank you for providing us with this
information. If you need additional information regarding this letter, please contact me at (714) 573-
6199.
Sincerly,
Tamera Rivers
Management Analyst
714-573-6199
Serving the Cities of: • Aliso Viejo • Buena Park • Cypress • Dana Point • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma
• Los Alamitos • Mission Viejo • Rancho Santa Margarita • San Clemente • San Juan Capistrano • Seal Beach • Santa Ana • Stanton • Tustin • Villa Park •
Westminster • Yorba Linda • and Unincorporated Areas of Orange County
RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES
DocuSign Envelope ID: F2121361 E-7969-4838-ABED-OA37AD7F94FO
EXHIBIT C OF RESOLUTION 21-12
MITIGATION MONITORING AND REPORTING PROGRAM
DocuSign Envelope ID: F212B61E-7969-4838-ABED-OA37AD7F94F0
TABLE
MITIGATION MONITORING AND REPORTING PROGRAM
Number
Measure
Monitoring Activity
Implementation
Responsibility for
Timing
Outside Agency
Responsibility/
Oversight of
Coordination
Verification
Compliance/
Verification
AESTHETICS
Project Design Features
None.
Policies, Plans, and Procedures
PPP -1
Project construction hours will be limited to the
Construction hours.
Project
City of Tustin
Ongoing
N/A
hours of 7:00 a.m. and 6:00 p.m., Mondays
Developer/Construction
Community
through Friday, and the hours of 9:00 a.m. and
Contractor
Development
6:00 p.m. on Saturday and never on Sundays or
Dept.
city -observed federal holidays.
PPP -2
Prior to the issuance of building permits, the
Lighting plan.
Project
City of Tustin
Prior to Building
N/A
applicant shall submit a photometric lighting plan
Developer/Construction
Community
Permits
showing compliance with the TCC Section 8102,
Contractor
Development
which requires a minimum one foot-candle of
Dept.
light on the private drives and parking surfaces
and a minimum of one-quarter foot-candle of light
on the walking surfaces. The lighting plan is to be
overlaid onto a tree landscape plan. The
photometric plan must also show no light spillage
pursuant to TCC Section 9271hh.
Mitigation Measures
None.
AIR QUALITY
Project Design Features
Policies, Plans and Procedures
PPP -3
Fugitive dust.
Project
City of Tustin
During
Possible
The project will comply with South Coast Air
Developer/Construction
Community
Construction
coordination with
Quality Management District (SCAQMD) Rule
Contractor
Development
SCAQMD
402 (Nuisance) and Rule 403 (Fugitive Dust).
Dept.
The project developer will require construction
contractors and subcontractors to employ the
following enhanced dust control measures during
construction to minimize particulate matter (PM -
10 and PM -2.5) emissions:
1. Suspend the use of all construction
equipment durin first -stage smog alerts.
DocuSign Envelope ID: F212B61E-7969-4838-ABED-OA37AD7F94F0
TABLE
MITIGATION MONITORING AND REPORTING PROGRAM
Number
Measure
Monitoring Activity
Implementation
Responsibility for
Timing
Outside Agency
Responsibility/
Oversight of
Coordination
Verification
Compliance/
Verification
2. Apply soil stabilizers such as hay bales or
aggregate cover to inactive areas.
3. Prepare a high wind dust control plan and
implement plan elements and terminate soil
disturbance when winds exceed 25 mph.
4. Stabilize previously disturbed areas if
subsequent construction is delayed.
5. Water exposed surfaces and haul roads 3
times/day.
6. Cover all stock piles with tarps.
7. Replace ground cover in disturbed areas
quickly.
8. Reduce speeds on unpaved roads to less
than 15 mph.
9. Trenches shall be left exposed for as short a
time as possible.
10. Identify proper compaction for backfilled
soils in construction specifications.
11. Cover all trucks hauling dirt, sand, or loose
material or require all trucks to maintain at
least two feet of freeboard.
12. Sweep streets daily if visible soil material is
carried out from the construction site.
13. Provide water spray during loading and
unloading of earthen materials.
14. Minimize in -out traffic from construction
zone.
CULTURAL RESOURCES
Project Design Features
Policies, Plans and Procedures
PPP -4
Should human remains be discovered
Discovery of human
Project
City of Tustin
During Grading
Coordination with
during project construction, the project
remains.
Developer/Construction
Community
NAHC and
would be required to comply with State
Contractor
Development
County Coroner.
Health and Safety Code Section 7050.5,
Dept.
which states that no further disturbance may
occur in the vicinity of the human remains
until the County Coroner has made a
DocuSign Envelope ID: F212B61E-7969-4838-ABED-OA37AD7F94F0
TABLE
MITIGATION MONITORING AND REPORTING PROGRAM
Number
Measure
Monitoring Activity
Implementation
Responsibility for
Timing
Outside Agency
Responsibility/
Oversight of
Coordination
Verification
Compliance/
Verification
determination of origin and disposition
pursuant to Public Resources Code Section
5097.98. The County Coroner must be
notified of the find immediately. If the
remains are determined to be prehistoric,
the Coroner will notify the Native American
Heritage Commission, which will determine
the identity of and notify a Most Likely
Descendant (MLD). With the permission of
the landowner or his/her authorized
representative, the MLD may inspect the
site of the discovery. The MLD must
complete the inspection within 48 hours of
notification by the Native American Heritage
Commission (NAHC).
Mitigation Measures
CULTURAL RESOURCES
CUL -1
Applicant/contractor shall take the following
Protection of Historic
Project
City of Tustin
During Grading
measures to protect the existing historic
Resource
Developer/Construction
Community
and
residential structure during all phases of
Contractor
Development
Construction
construction and include all of the following
Dept.
measures in the plans prepared for permit
issuance:
3.1 During excavation for footings on new
structures, the applicant/contractor shall provide
shoring around the historic resource to prevent
undermining of the foundation.
3.2 Applicant/contractor shall provide plywood
protection at all windows in the historic residential
structure and shall show plywood protection on
the construction plans submitted to the City of
Tustin for building permits.
3.3 Applicant/contractor shall secure the historic
DocuSign Envelope ID: F212B61E-7969-4838-ABED-OA37AD7F94F0
TABLE
MITIGATION MONITORING AND REPORTING PROGRAM
Number
Measure
Monitoring Activity
Implementation
Responsibility for
Timing
Outside Agency
Responsibility/
Oversight of
Coordination
Verification
Compliance/
Verification
resource from physical access during the
construction period.
3.4 Applicant/contractor shall install a direct dial
fire and smoke intrusion security system in the
historic residential structure.
3.5 Applicant/contractor shall protect the historic
resource's walls with solid construction fencing to
prevent damage to existing finishes.
3.6 During plastering of the exterior walls of the
new buildings, applicant/contractor shall provide
fabric barriers to prevent overspray from reaching
the historic residential structure.
3.7 The applicant/ contractor shall maintain fire
extinguishers at each level of each new building
in case of fire during construction.
3.8 Subject to approval by the Director of
Community Development, applicant/contractor
shall engage the services of an licensed architect
meeting the professional qualifications standards
identified by the Secretary of Interiors Standards
and Guidelines
(https://vwvw.nps.gov/history/local-
law/arch—stnds 9.htm) to monitor the historic
residential structure during construction activities
on a monthly basis and submit monthly status
reports to the City of Tustin Community
Development Department.
3.9 During construction, the Applicant/contractor
shall stop work immediately in the event of
damage to the historic resource and contact the
Community Development Department and the
architect identified in 3.8 of this mitigation. All
DocuSign Envelope ID: F212B61E-7969-4838-ABED-OA37AD7F94F0
TABLE
MITIGATION MONITORING AND REPORTING PROGRAM
Number
Measure
Monitoring Activity
Implementation
Responsibility for
Timing
Outside Agency
Responsibility/
Oversight of
Coordination
Verification
Compliance/
Verification
work shall stop until such time as the damage is
remedied to the satisfaction of the Director of
Community Development.
CUL -2
Prior to the issuance of the first grading permit, a
Native American
Project
City of Tustin
Prior to any
N/A
qualified Native American monitor shall be
Monitoring
Developer/Construction
Community
ground
retained by the Applicant/Developer to provide
Contractor
Development
disturbance.
professional Native American monitoring
Department
services for any construction activities that may
disturb native soils (i.e., previously undisturbed
soil 18 -inches or more below the surface). The
Native American monitor from the Gabrieleno
Band of Mission Indians — Kizh Nation, shall be
selected by the Applicant/Developer and
verification of retention of the Native American
monitor shall be provided to the City of Tustin
Community Development Department on tribal
letterhead, including the monitor's name and
contact information. The Native American
monitor and a City of Tustin Community
Development Department designee shall be
present at the pre -grading conference to
establish procedures for Native American
resource surveillance. The Native American
monitor shall be present during all ground
disturbing activities of native soil (i.e., previously
undisturbed soil 18 -inches or more below the
surface) including but not limited to post holing,
auguring, boring, grading, excavation and
trenching. (See also, TCR -1)
GEOLOGY AND SOILS
Project Design Features
Policies Plans and Procedures
PPP -5
Prior to issuance of a building permit, the
WQMP
Project
City of Tustin
Prior to grading
N/A
applicant shall submit a geotechnical
Developer/Construction
Community
permit.
investigation report of the subject property.
Contractor
Development
DocuSign Envelope ID: F212B61E-7969-4838-ABED-OA37AD7F94F0
TABLE
MITIGATION MONITORING AND REPORTING PROGRAM
Number
Measure
Monitoring Activity
Implementation
Responsibility for
Timing
Outside Agency
Responsibility/
Oversight of
Coordination
Verification
Compliance/
Verification
Department
PPP -6
PPP -6 In order to comply with the 2003
DAMP, the proposed project shall prepare
an Erosion and Sediment Control Plan and
Water Quality Management Plan (WQMP)
conforming to the current National Pollutant
Discharge Elimination System (NPDES)
requirements, prepared by a Licensed Civil
Engineer or Environmental Engineer, which
shall be submitted to the Department of
Public Works for review and approval.
The plan shall incorporate all necessary
Best Management Practices (BMPs) and
other City requirements to eliminate polluted
runoff until all construction work for the
project is completed. A WQMP shall be
maintained and updated as needed to
satisfy the requirements of the adopted
NPDES program. The plan shall ensure that
the existing water quality measures for all
improved phases of the project are adhered
to.
Location of the BM Ps shall not be within the
public right-of-way.
PPP -7
The project shall comply with NPDES
WQMP
Property Owner
City of Tustin
During
N/A
requirements for control of discharges of
Community
Operation
sediments and other pollutants during operations
Development
of the facility through preparation and
Department
implementation of a Final Priority Water Quality
Management Plan (WQMP) in compliance with
the Municipal Separate Storm Sewer System
DocuSign Envelope ID: F212B61E-7969-4838-ABED-OA37AD7F94F0
TABLE
MITIGATION MONITORING AND REPORTING PROGRAM
Number
Measure
Monitoring Activity
Implementation
Responsibility for
Timing
Outside Agency
Responsibility/
Oversight of
Coordination
Verification
Compliance/
Verification
(MS4) Permit in effect forthe Santa Ana Regional
Water Quality Control Board (RWQCB) at the
time of grading permit application.
NOISE
Project Design Features
None.
Policies Plans and Procedures
None.
Mitigation Measures
MM N-1
N-1: Prior to issuance of a building permit for
Structural Noise
Project
City of Tustin
Prior to building
three-story residences, the Project
Attenuation and Final
Developer/Construction
Community
permits.
Applicant/Developer shall submit a final
Acoustical Report.
Contractor
Development
acoustical report to the City of Tustin Director of
Dept.
Community Development, or designee, that
demonstrates that the interior noise levels in all
habitable rooms shall not exceed 45 A -weighted
decibels (d BA) Community Noise Equivalent
Level (CNEL), as defined by Title 24, Part 2 of the
California Building Code. Project
Applicant/Developer shall provide, at a minimum,
mechanical ventilation for all new residential units
per the applicable Building Code.
PUBLIC SERVICES
Project Design Features
None.
Policies, Plans, and Procedures
PPP -8
Priorto issuance of a grading permit the applicant
Fire Master Plan
Project
City of Tustin
Prior to grading
Orange County
or responsible party shall submit a fire master
Developer/Construction
Community
permit.
Fire Authority
plan (service code PR145) to the Orange County
Contractor
Development
Fire Authority for review. Approval shall be
Dept.
obtained prior to the issuance of grading or
building permits.
Mitigation Measures
DocuSign Envelope ID: F212B61E-7969-4838-ABED-OA37AD7F94F0
TABLE
MITIGATION MONITORING AND REPORTING PROGRAM
Number Measure Monitoring Activity Implementation Responsibility for Timing Outside Agency
Responsibility/ Oversight of Coordination
Verification Compliance/
Verification
None.
TRIBAL CULTURAL RESOURCES
Project Design Features
None.
Mitigation Measures
MM TCR -1
Prior to the issuance of a grading permit and
Native American
Project
City of Tustin
Prior to building
Gabrieleno Band of
commencement of any ground disturbing activity
Monitor
Developer/Construction
Community
permits.
Mission Indians-Kizh
at the project site the project applicant shall retain
Contractor
Development
Nation
a Native American Monitor approved by the
Dept.
Gabrieleno Band of Mission Indians-Kizh Nation
— the tribe that consulted on this project pursuant
to Assembly Bill A52 - SB18 (the "Tribe" or the
"Consulting Tribe') and A copy of the executed
contract shall be submitted to the City of Tustin
Community Development Department priorto the
issuance of any permit necessary to commence
a ground -disturbing activity. The Tribal monitor
shall only be present on-site during the
construction phases that involve ground -
disturbing activities. Ground disturbing activities
are defined by the Tribe as activities that may
include, but are not limited to, pavement removal,
potholing or auguring, grubbing, tree removals,
boring, grading, excavation, drilling, and
trenching, within the project site.
The Tribal Monitor shall complete daily
monitoring logs that will provide descriptions of
the day's activities, including construction
activities, locations, soil, and any cultural
materials identified. The on-site monitoring shall
end when all ground -disturbing activities on the
Project Site are completed, or when the Tribal
Representatives and Tribal Monitor have
indicated that all upcoming ground -disturbing
activities at the Project Site have little to no
DocuSign Envelope ID: F212B61E-7969-4838-ABED-OA37AD7F94F0
potential for impacting Tribal Cultural Resources.
Upon discovery of any Tribal Cultural Resources,
construction activities shall cease in the
immediate vicinity of the find (not less than the
surrounding 25 feet) until the find can be
assessed. All Tribal Cultural Resources
unearthed by project activities shall be evaluated
by the Tribal monitor approved by the Consulting
Tribe. If the resources are Native American in
origin, the Consulting Tribe will retain it/them in
the form and/or manner the Tribe deems
appropriate, for educational, cultural and/or
historic purposes.
If human remains and/or grave goods are
discovered or recognized at the Project Site, all
ground disturbance shall immediately cease, and
the county coroner shall be notified per Public
Resources Code Section 5097.98, and Health &
Safety Code Section 7050.5. Human remains
and grave/burial goods shall be treated alike per
California Public Resources Code section
5097.98(d)(1) and (2). Work may continue on
other parts of the Project Site while evaluation
and, if necessary, mitigation takes place (CEQA
Guidelines Section 15064.5[fj). If a non -Native
American resource is determined by the county
certified archaeologist to constitute a "historical
resource" or "unique archaeological resource,"
time allotment and funding sufficient to allow for
implementation of avoidance measures, or
appropriate mitigation, must be available. The
treatment plan established forthe resources shall
be in accordance with CEQA Guidelines Section
15064.5(f) for historical resources and PRC
Sections 21083.2(b) for unique archaeological
resources. Preservation in place (i.e., avoidance)
is the preferred manner of treatment. If
preservation in place is not feasible, treatment
may include implementation of archaeological
data recovery excavations to remove the
resource along with subsequent laboratory
processing and analysis. Any historic
archaeological material that is not Native
American in origin shall be curated ata public,
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END OF MITIGATION MONITORING AND REPORTING PROGRAM
non-profit institution with a research interest in
the materials, such as the Natural History
Museum of Los Angeles County or the Fowler
Museum, if such an institution agrees to accept
the material. If no institution accepts the
archaeological material, it shall be offered to a
local school or historical society in the area for
educational purposes.
END OF MITIGATION MONITORING AND REPORTING PROGRAM