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HomeMy WebLinkAboutPC RES 3979RESOLUTION NO. 3979 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AND MAKING CERTAIN FINDINGS RELATING TO CONDITIONAL USE PERMIT 04-008, DESIGN REVIEW 04-008, AND SIGN CODE EXCEPTION 05-001, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001 authorizing the conversion of a single family residence to a preschool is a 'Project' pursuant to the terms of the California Environmental Quality Act ("CEQA"); B. That an Initial Study was prepared and concluded that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment; therefore, a Negative Declaration was prepared for the project; C. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for review and comment period in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; D. That several comments were received on the Negative Declaration and a Final Negative Declaration was prepared to formally respond to said comments but was not recirculated pursuant to Section 15073.5 of CEQA, because the additional information provided in the Final Negative Declaration clarified and amplified the conclusions of the Negative Declaration; E. The Planning Commission of the City of Tustin has considered the Initial Study and Negative Declaration, the Final Negative Declaration, evidence presented by the Community Development Director and comments received during the public review process at the August 22, 2005 and May 22, 2006, meetings. II. A. A Final Negative Declaration, which includes the Initial Study and the Responses to Comments, attached hereto as Exhibit A, has been completed in compliance with CEQA and the State CEQA Guidelines. The Planning Commission finds that, on the basis of the record before it (including the initial study and any comments received), there is no substantial evidence that the project will have a significant effect on the Resolution No. 3979 Page 2 environment and that the proposed Final Negative Declaration reflects the City's independent judgment. B. The Planning Commission hereby adopts the Final Negative Declaration for the purpose of approving Conditional Use Permit 04-008, Design Review 04-008, and Sign Code Exception 05-001. C. The record of proceedings upon which this decision is based is located at City Hall, 300 Centennial Way, Tustin, California, Attention: Director of Community Development. III. The Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 2006. QLE(a,� NA HAN MENA D Chairperson Z::� �z � ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3979 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 2006. ELIZABETH A. BINSACK Planning Commission Secretary INITIAL STUDY A. BACKGROUND COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way. Tustin, CA 92780 (714) 573-3100 Project Title: Conditional Use Permit (CUP 04-008) and Design Review (DR 04-008) Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Chad Ortlieb Phone: (714) 573-3127 Project Location: 1792 San Juan Street Project Sponsor's Name and Address: Padmini Weerkkody 1792 San Juan Street Tustin, CA 92780 General Plan Designation: High Density Residential Zoning Designation: Suburban Residential (R4) Project Description: A request to convert an existing single family residence to a commercial preschool for up to 49 children. Surrounding Uses: North: San Juan Street/single family East: Church South: Church parking lot West: Multi -family housing complex Other public agencies whose approval is required: ® Orange County Fire Authority ❑ City of Irvine ❑ Orange County Health Care Agency ❑ City of Santa Ana ❑ South Coast Air Quality Management ❑ Orange County District EMA ❑ Other B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ❑ Aesthetics ❑ Air Quality ❑ Cultural Resources ❑ Hazards & Hazardous Materials ❑ Land Use/Planning ❑ Noise ❑ Public Services ❑ Transportation/Traffic ❑ Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture Resources ❑ Biological Resources ❑ Geology/Soils ❑ Hydrology/Water Quality ❑ Mineral Resources ❑ Population/Housing ❑ Recreation ❑ Utilities/Service Systems ® 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 b}, 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 although 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 in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Preparer: Chad Ortlieb A. Binsack, Community Development Director Title Associate Planner Date /. •..;G e:5 - D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create anew source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to the location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR OUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? W-9 ❑ Less Than ❑ Significant Potentially With Less Than .Significant Mitigation Significant Impact Incorporation Impact No Impa(f ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Less Than ❑ Significant ❑ Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ED ❑ ❑ ❑19 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ❑ Less Than ❑ Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ID ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ® - ❑ ❑ ❑ ❑ ❑ ❑ ID ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY: — Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Potentially impact stormwater runoff from construction activities? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ED ❑ ❑ ® ❑ ❑ Less Than ® Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ED ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1) Potentially impact stormwater runoff from post - construction activities? m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? o) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? p) Create significant increases in erosion of the project site or surrounding areas? IX. LAND USE AND PLANNING — Would the project a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE — Would the project result in a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? ❑ Less Than ® ❑ Significant ❑ Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impar ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 19 ❑ ❑ ❑ ❑ ❑ ❑ 19 ❑ ❑ ® ❑ ❑ ❑ 0 ❑ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XILPOPULATION AND HOUSING — Would the project a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? ❑ Less Than ❑ ❑ Significant ❑ ❑ Potentially With Less Than ❑ Significant Mitigation Significant Impact Incorporation Impact No Impact ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ XIV. RECREATION— a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRAFFIC — Would the project a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS — Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ Less Than ❑ Significant ❑ Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impa< ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑El ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑El ❑ ❑ ❑ ❑ ❑ ❑ Less Than Significant Potentially With Less Than .Significant Mitigation Significant Impact Incorporation Impact No Impact d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ ❑ ❑ e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ❑ ❑ ❑ ED f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ❑ ❑ ❑ g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ ❑ h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? ❑ ❑ ❑ XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? ❑ ❑ ❑ c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ ❑ ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 04-008 AND DESIGN REVIEW 04-008 1792 SAN JUAN STREET BACKGROUND On July 24, 1995, the Planning Commission approved Resolution 3370 thereby permitting Conditional Use Permit (CUP 95-006) and Design Review (DR 95-021) for a preschool and day care facility with a maximum of 48 children. The use was never initiated and the permit expired. The previously approved project is similar to the proposed project. A Categorical Exemption under Section 15303 (Class 3) of the California Environmental Quality act was process for the project at that time. The subject applications for CUP 04-008 and DR 04-008 propose to convert an existing single family dwelling into a preschool for up to 49 children, add 221 square foot to the structure, provide a parking lot with 12 parking spaces, provide a 4,142 square foot outdoor playground, and provide a monument sign to serve the use. The school is proposed to operate from 8:30 a.m. to 3:00 p.m. with staggered child drop-off time for the dual option class schedule. Class option one has hours of 8:30 a.m. to 12:00 p.m. Class option two has hours of 12:00 p.m. to 3:00 p.m. AESTHETICS Item d — Less Than Significant Impact: Parking lot and sight lighting will be required pursuant to the City's Security Ordinance. As would be confirmed through the plan check and field inspection process, all exterior lighting on the property would be required to be constructed to prevent off-site glare. Sources: Submitted Plans Tustin City Code Mitigation Measures/Monitoring Required: None Required Items a. b, and c — No Impact: The subject property is not located on a scenic vista, does not have any scenic resources, does not contain a historic structure, and is not located adjacent to a State scenic highway. Mitigation Measures/Monitoring Required: None Required. Sources: Tustin General Plan Tustin City Code City of Tustin Cultural Resource Survey Report Field Inspection AGRICULTURAL RESOURCES Items a, b, c — No Impact: The property is currently improved with a single family dwelling. No agricultural resources exist on-site. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Field Inspection Submitted Plans Tustin City Code AIR QUALITY Items a. b, c and d — Less Than Significant Impact: The project will temporarily increase the amount of short-term emissions to the area due to grading of the property and construction activities. The project is below the thresholds of significance established by Tables 6-2 and 6-3 of the Air Quality Management District's CEQA Air Quality Handbook. The Air Quality Management District's CEQA Air Quality Handbook is intended to provide professional guidance for analyzing and mitigating air quality impacts of projects when preparing environmental documents. As identified in the handbook, the construction of a day care up to 975,000 square feet in size and the operation of up to 26,000 square feet of a day care or is not considered a significant impact. Construction of the parking lot and playground area, addition of 221 square feet to the existing building, and the operation of a 2,449 square foot daycare/preschool with up to 49 children on 16,900 square feet of land is less than the threshold of significance in the handbook; therefore, no impact is anticipated. Less than significant short-term emissions associated with grading, construction, and operation of the proposed project will comply with the regulations of the South Coast Air Quality Management District and the City of Tustin Grading Manual, which includes requirements for dust control. The subject property is not a part of a larger future development scheme in the area, the number of children for the use will be fixed, and the use is relocating from 13802 Red Hill Avenue in the City of Tustin; therefore, the project will not be a precursor to cumulative impacts. As such, the proposed project will not conflict with or obstruct implementation of any applicable air quality plan, contribute substantially to an existing or projected air quality violation, result in a cumulatively considerable increase of any criteria pollutant as applicable by Federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. _ Mitigation Measures/Monitoring Required: None Required Sources: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Project Application Field Inspection Item e — No Impact: As identified by Tables 6-2 and 6-3 of the Air Quality Management District's CEQA Air Quality Handbook, the project does not violate any air quality standards and is not a substantial contributor to existing or projected air quality violations. The short and long term emissions created by construction and trip generation would not create detectable odors to any persons of ordinary olfactory senses. Sources: South Coast Air Quality Management District Rules & Regulations Project Application BIOLOGICAL RESOURCES Items a to f — No Impact: The property is currently developed with a single family dwelling. The site is surrounded by San Juan Street, a Church, and a multi -family apartment. Most of the existing trees on the property will remain. Therefore, the property has not had opportunity to become inhabited by any sensitiv,_- or special status species of plants or animals. Given that this is a change of use to an existin, urban structure in an urban environment, it is not anticipated that there will be impacts on anima populations, diversity of species, or migratory patterns. The project will include the planting of new trees and landscape materials, which will be provided in accordance with the Tustin Landscape and Irrigation guidelines. The project area is not identified as a federal, state, or local protected wetland and no standing water or riparian or wetland species are apparent on the property. No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies or regulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service will occur as a result of this proposed project. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Submitted Plans Tustin City Code CULTURAL RESOURCES Items a - d — No Impact: There are no historical resources on-site. No archaeological, paleontological, or human remains - are known to exist on the improved property. Mitigation Measures/Monitoring Required: None Sources: Tustin Historical Resources Survey Report Submitted Plans Tustin City Code Tustin General Plan GEOLOGY & SOILS Items a -ii, a -iii, a -iv, b, c. & d — Less Than Significant Impact: The proposed buildings are located within an area that may subject people or structures to strong seismic ground shaking and seismic -related ground failure including liquefaction. A soils report is required to be submitted prior to grading and building permit issuance per the 2001 Uniform Building Code to demonstrate compliance with Chapter 18, which requires proper excavation and fills for buildings, structures, foundations, and retaining structures, and appropriate construction techniques to ensure seismic stability of structures. A water quality management plan will be required to ensure that drainage is retained on-site during and after construction or does not increase historical flow; therefore, soil erosion should not be significant. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Tustin City Code 2001 Uniform Building Code Submitted Plans Items a -i, a -iv. & a -e — No Impact: The project site is not located within an area on the Alquist-Priolo Earthquake Fault Zoning Map. The project is not located in a hillside area; therefore, landslides are not possible. Since all new buildings in the City are required to connect to the existing sewer system, the use of septic tanks or alternative wastewater disposal systems will not be necessary. Sources: Tustin General Plan Tustin City Code 2001 Uniform Building Code Project Application Field Evaluation HAZARDS & HAZARDOUS MATERIALS Items a to h — No Impact: The project would not result in exposure to hazardous substances other than the possibility of materials typically associated with household hazardous wastes which could properly be disposed of at approved County drop-off locations. Because the use is for a pre-school and the keeping o- .- use of any hazardous materials would be closely regulated. The project is not anticipated to nee. or emit hazardous materials which could create a hazard on-site or to the surrounding community, The site is not listed as a hazardous materials site, is not located on any potential impact zones identified for John Wayne Airport, and there are no private airstrips nearby. The project has been reviewed by the Tustin Police Department who determined that the project will not interfere with any evacuation plans. The project has been reviewed by the Orange County Fire Authority and no comments were received indicating that the project would interfere with any evacuation plans. All grading and construction is subject to compliance with all applicable Uniform Building and Fire Codes. The project is not in a wildland fire interface area. As such, the project is not anticipated to result in any significant hazards. Mitigation Measures/Monitoring Required: None Required. Sources: Uniform Building and Fire Codes Submitted Plans Tustin General Plan Airport Environs Land Use Plan HYDROLOGY & WATER QUALITY Items a, c, d. e, f, k. I, m, n, o. & p — Less Than Significant Impact: There will be new construction which has the potential to impact stormwater runoff fror construction and post -construction activities. There is also the potential for discharge of stormwater to affect the beneficial uses of the receiving waters, increase flow velocity and volume of storm water runoff, exceed the capacity of an existing private storm drain, degrade water quality, and create erosion. However, the project is required to comply with the City's Water Quality Ordinance and a NPDES permit (Santa Ana Regional Water Quality Control Board (RWQCB) Order R8-2002-0010), thus reducing any potential impacts to a level of insignificance. The regulations of the NPDES permit, Water Quality Ordinance, and project conditions of approval will minimize the ability of the project to cause water pollution by regulating point sources that discharge pollutants into local waters. The drainage pattern of the area will not be altered in that, to comply with the City's grading ordinance, the project will be designed to accept historical drainage to the site and; therefore, will not significantly increase the rate and/or amount of surface runoff. A significant amount of stormwater received on-site will percolate into the soil where landscaping such as the playground area is provided and remaining stormwater will be conveyed through a fossil filter prior to entering a City stormdrain. City stromwater infrastructure is able to accommodate additional water from the project. The applicant must provide a drainage and hydrology report to the City and demonstrate that the private stormwater drainage system will be able to able to handle the capacity of any wastewater directed into the system. Best Management Practices are required to be implemented for construction activity and would deter water from flowing off-site. Any water that would leave the site would be filtered prior to entering a City storm drain. Best Management Practices will also be implemented to ensure that once the project is constructed, wastewater will be filtered prior to entering the storm drain. As such, the project will not violate any water quality standards or waste discharge requirements or degrade water quality in the area. Mitigation Measures: None Required. Sources: Field Verification Submitted Plans Tustin City Code California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 Items b. a. h. i. & i — No Impact The project will not substantially deplete groundwater supplies or interfere with groundwater recharge resulting in a net deficit in aquifer volume or a lowering of the local groundwater table level. Rather, landscape irrigation practices and soil percolation of stormwater onto landscaped areas would be more likely to contribute to groundwater supplies. The project site is not located within a 100 -year flood hazard area as mapped on Federal Emergency Management Agency Flood Insurance Rate Map Number 06059CO282H, nor is the project located within a 100 -year flood hazard area and the project will not will impede or redirect flood impede or redirect flood flows. The project site will not expose people or structures to a significant risk of loss, injury, or death as a result of the failure of a levee or dam, or by inundation by seiche, tsunami, or mudflow. Mitigation Measures: None Required Sources: Field Verification Submitted Plans Tustin City Code Federal Insurance Rate Map LAND USE PLANNING Items a. b & c — No Impact: The subject property is designated High Density Residential by the General Plan Land Use Map and Suburban Residential (R4) by the zoning map. With an approved Conditional Use Permit, the proposed project will be consistent with the applicable land use and zoning regulations. The proposed project will not divide an established community since it is an existing building located between a Church and existing multi -family dwellings in an urbanized area. San Juan Elementary and C.E. Utt Intermediate School also exist on the street within a 1,000 square foot radius of the project. The proposed project is not located in a conservation plan or natural community conservation plan area. Mitigation Measures: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Map MINERAL RESOURCES Items a & b — No Impact: The proposed project will occur on a currently developed site. Construction on the site will not result in the loss of availability of a known mineral resource and is not located in a mineral resource recovery site. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan NOISE Items a, b c & d— Less Than Significant Impact Construction: The project includes the conversion of an existing single family dwelling into a preschool, the addition of 221 square feet to the structure, grading for a parking lot, and outdoor playground. Although, the grading and construction of the site may result in typical temporary construction noise impacts, the Tustin Noise Ordinance only allows construction activities to occur during the daytime on Monday through Saturday to eliminate construction noise during the nighttime hours. Neither construction activity nor the proposed project will not create excessive ground vibrations, nor will it create a permanent increase in the existing ambient noise levels beyond the established standards. Day Care/Preschool Use: Noise created by traffic to the project will not exceed the noise created by existing traffic on San Juan Street. Therefore, no additional traffic noise will be created by the project. Noise levels from children's play activity in the outdoor playground area should be within the noise levels permissible by the Tustin City Code (TCC) due to the use of 6 foot 8 inch concrete block walls around the site and project conditions that limit the business hours and the hours of outdoor play to the time required by the Department of Social Services. Project conditions also allow the Community Development Director to impose additional sound mitigating conditions on the project — if merited. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Items e & f — No Impact: The project is not located in close proximity to any airports. Standard building techniques will provide sufficient indoor insulation to prevent children and employees from being exposed to air traffic noise. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan POPULATION & HOUSING Items b and c — Less than Significant Impact: - The project will involve the removal of one single family dwelling from the City's housing stock which can easily be absorbed within the existing City housing stock and the stock planned for construction on Tustin Legacy. Sources: Submitted Plans Tustin City Code Tustin General Plan Item a — No Impact No substantial population growth in the area would result. Rather, use of the existing on-site structure as a single family home would be discontinued. The project will not induce substantial population growth wherein new streets or new public services will need to be created. Mitigation Measures/Monitoring Required: None Sources: Submitted Plans Tustin City Code Tustin General Plan PUBLIC SERVICES Item a — No Impact: The proposed project is in an existing urbanized area where fire and police protection are currently provided and can accommodate the day care/preschool use. The use would not have an impact on school district facilities within the Tustin Unified School District in that the use is a preschool. The use is not anticipated to generate additional parkland needs in that all outdoor activities for the use will occur on-site. Mitigation Measures/Monitoring Required: None Sources: Submitted Plans Tustin City Code Tustin General Plan RECREATION Item b — Less than Significant Impact: The project does include any recreational playground facility to support t use which, if not properly designed could have an adverse physical environment. However, as discussed in the noise section of the initial study be less than significant. Item a — No Impact: The project is not anticipated to need or use City parkland facilities. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan TRANSPORTATIONITRAFFIC Item a — Less than Significant Impact: he day care/preschool effect (noise) on the , noise impacts shouk As determined by the City of Tustin Public Works Department, Traffic Division, the project has the potential to add 210 net daily trip ends, approximately a nine (9) percent increase in traffic volume, to San Juan Street in the vicinity of the project site. However, the Traffic Division has concluded that San Juan Street would have sufficient capacity to accommodate the proposed project especially given that the school is proposed to operate from 8:30 a.m. to 3:00 p.m. with staggerer child drop-off time for the dual option class schedule. Class option one has hours of 8:30 a.m. to 12:00 p.m. Class option two has hours of 12:00 p.m. to 3:00 p.m. Sources: Submitted Application/Plans Public Works Department, Traffic Division analysis Tustin General Plan Items b - a — No Impact: The proposed project does not exceed, either individually or cumulatively, the level of service established for the immediate vicinity of San Juan Street in that as confirmed by the Public Works Department, Traffic Division, there is sufficient capacity on San Juan Street to accommodate the proposed and existing uses. In the vicinity of the project, there is no vacant land and no new or intensified uses are in review or are anticipated in the near future. Two (2) schools, a single family residential housing tract, a church, and multi -family housing units are well established uses along the street. The existing uses on the street are considered to be close to the maximum development thresholds established by the General Plan Land Use Element, yet the acceptable level of service for San Juan Street would not be exceeded even with the proposed project. The proposed project will not cause changes to air traffic pattems or cause any changes to the public right-of-way that could cause road hazards. The proposed project would not prevent emergency vehicle access to the site as determined during the plan review process by the Orange County Fire Authority and the Tustin Police Department. The project includes sufficient parking on-site to comply with the current parking requirements of the Tustin City Code for the proposed use. As such, no impacts to parking are anticipated. The project does not conflict with adopted policies, plans, or programs supporting alternative transportation such as bus turnouts or bicycle racks in that bus turnouts exist on nearby streets and no aspect of the project prevents alternative transportation from being implemented. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Public Works Department, Tustin General Plan UTILITIES & SERVICE SYSTEMS Items a - a — No Impact: Traffic Division analysis The proposed project will not exceed requirements of the applicable Regional Water Quality Control Board because the project will absorb a significant portion of stormwater in landscape areas on-site and excess stormwater will be routed through fossil filters prior to being deposited into the existing sewer and storm drain systems and thus will not require construction of a new storm water drainage facility or solid waste facility. Existing water service and wastewater treatment facilities should be sufficient to support the project. The project will utilize the City's existing trash hauler contract, thus not requiring a new trash hauler. Waste refuse from the project will be required to comply with the City's recycling ordinance with requires the project to maintain a plan to divert recyclable materials Therefore, excessive solid waste will be diverted from landfill. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan MANDATORY FINDINGS OF SIGNIFICANCE Items a. b & c — No Impact: As described under each topic, the project grading, construction, and operation are not anticipated to result in any significant impacts. The project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of the long- term. The project does not have impacts that are individually limited but cumulatively considerable or that will cause substantial adverse impacts on human beings. No mitigation measures are required for the project. Sources: Submitted Plans Tustin City Code Tustin General Plan S:\Cdd\Chad\CUP\Environmentai\CUP 04008 INITIAL STUDY.doc FINAL NEGATIVE DECLARATION CONDITIONAL USE PERMIT (CUP 04-008), DESIGN REVIEW (DR -04-008), AND SIGN CODE EXCEPTION (05-001) SAN JUAN STREET PRESCHOOL CONVERSION I. INTRODUCTION The City of Tustin has prepared this Final Negative Declaration in conjunction with the previously prepared Negative Declaration and Initial Study that was made available for a 30 -day public review and comment period on June 30, 2005. The Negative Declaration and Initial Study addressed the potential environmental impacts of the proposed conversion of a single family residence at 1792 San Juan Street into a preschool for up to forty-nine (49) children with five (5) instructors. The City has prepared this Final Negative Declaration to formally respond to several comment letters that were received on the Negative Declaration and Initial Study that was made available for public review and comment. Each of the comment letters are published verbatim in this document and individual comments raised in each letter are bracketed and numbered. The related responses are identified with the corresponding number and are included in the following pages. The Final Negative Declaration is intended to clarify and amplify the conclusions of the Negative Declaration and Initial Study. Pursuant to CEQA Guidelines §15073.5(c)(2), recirculation is not required because no substantial revisions are required to the Negative Declaration and Initial Study. According to the CEQA Guidelines, a "substantial revision" is required where (1) a new, avoidable significant effect is identified, and mitigation measures or project revisions must be added in order to reduce that effect to a level of insignificance, and (2) the lead agency finds that the mitigation measures or project revisions originally included in the Negative Declaration will not reduce potentially significant impacts to les than significance, and new mitigation measures or project revisions must be required. On the other hand, the addition of new information that clarifies, amplifies, or makes insignificant modifications to the negative declaration does not require recirculation. In this case, the City has provided additional information in its responses to comments to clarify or amplify the conclusions of the Initial Study and Negative Declaration relating to the aesthetics, traffic, land use, noise, and other environmental concerns expressed in the various comment letters. However, none of the comments demonstrate any new avoidable significant impact relative to these environmental resource areas that requires any mitigation measures or project revisions. As documented in more detail below, City staff has carefully reviewed the proposed preschool conversion and the project has been designed in manner (e.g. architectural, landscaping, site layout, etc.) that ensures that the conversion would have a less than significant impact on the environment. Staff has also recommended certain standard conditions of approval that are typical of all new development projects that further ensure that impacts will be less than significant. No new avoidable significant impacts have been identified in these comments and no project revisions, new mitigation measures or new conditions are required to address these concerns. II. 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