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HomeMy WebLinkAboutCC RES 06-117 RESOLUTION NO. 06-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AS ADEQUATE AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT 06- 002 AND ZONE CHANGE 06-001 TO ASSIGN THE PROPERTY LOCATED AT 14092 BROWNING AVENUE WITH THE MOBILE HOME PARK LAND USE AND ZONING DESIGNATION The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That General Plan Amendment 06-002, Zone Change 06-001, and Conditional Use Permit 05-028 are considered a "Project" pursuant to the terms of the California Environmental Quality Act; B. An Initial Study and a Mitigated Negative Declaration was prepared for this project. The Initial Study/Mitigated Negative Declaration evaluated the implications of the proposed general plan amendment and zone change for development of a vacant site with ten mobile home pads; C. That a Notice of Intent to Adopt a Mitigated Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20-day public review and comment period from September 1, 2006 to September 20, 2006, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; D. No comments were received on the Negative Declaration and a Final Negative Declaration was prepared but was not re-circulated pursuant to Section 15073.5 of CEQA, because no new information was provided in the Final Negative Declaration; E. The Planning Commission considered the Initial Study and the Final Mitigated Negative Declaration and adopted Resolution No. 4039 recommending that the City Council adopt the MND and approve General Plan Amendment 06-002 and Zone Change 06-001 ; F. Prior to approving of the General Plan Amendment 06-002 and Zone Change 06-001, the City Council evaluated the proposed Mitigated Negative Declaration and determined that, with incorporation of the Resolution No. 06-117 Page 1 of 27 mitigation measures, the project would not have a significant effect on the environment. II. A Final Mitigated Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. The City Council has received and considered the information contained in the Mitigated Negative Declaration prior to approval of the proposed Project and finds that it adequately discusses the environmental effects of the proposed project. On the basis of the initial study, the City Council finds that although the proposed project could have impacts, there will not be a significant effect because mitigation measures identified in the Mitigated Negative Declaration mitigate any potential significant effects to a point where clearly no significant effect would occur. In addition, the City Council 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. The City Council hereby adopts the Final Mitigated Negative Declaration for General Plan Amendment 06-002 and Zone Change 06-001 to assign the project site located at 14092 Browning Avenue with Mobile Home Park land use and zoning designation. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of October, 2006. p~~ City Clerk Resolution No. 06-117 Page 2 of 27 STATE OF CALIFORNIA ) COUNTY OF ORANGE) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 06-117 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of October, 2006, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Davert. Hagen. Amante. Bone. Kawashima (5) None (0) None (0) None (0) ~~j5Ll CITY CLERK " .~ '\.. ',f Resolution No. 06-117 Page 3 of 27 EXHIBIT A Resolution No. 06-117 Resolution No. 06-117 Page 4 of 27 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Mobile Home Park Expansion Zone Change 06-001, General Plan Amendment 06-002, and Conditional Use Permit 05-028 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: (714) 573-3126 Project Location: 14092 Browning Avenue, Tustin, County of Orange Project Sponsor's Name and Address: Villa Valencia Mobile Homes Estates c/o Dunex, Inc. Attn: Lillian Chen 1940 W. Orangewood Ave., #209 Orange, CA 92868 General Plan Designation: Existing: Unclassified Proposed: Mobile Home Park Zoning Designation: Existing: Unclassified Proposed: Mobile Home Park (MHP) Project Description: Authorization to develop an abandoned railroad right-of-way adjacent to an existing mobile home park developed with 148 pads with ten (10) additional residential pads for mobile homes Surrounding Uses: North: RV storage and Interstate 5 Freeway South: Planned Community Residential East: Planned Community Residential West: Mobile Home Park Other public agencies whose approval is required: o o o o Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other Caltrans o D D City of Irvine City of Santa Ana Orange County EMA Resolution No. 06-117 Page 5 of 27 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. o Aesthetics o Air Quality o Cultural Resources o Hazards & Hazardous Materials OLand Use/Planning o Noise o Public Services o Transportation/Traffic o Mandatory Findings of Significance o Agriculture Resources o Biological Resources o Geology/Soils o Hydrology/Water Quality o Mineral Resources o Population/Housing o Recreation o Utilities/Service Systems C. DETERMINATION: On the basis of this initial evaluation: o 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. o I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. o I find that although the proposed project MAY have a "potentially significant impact" or "potentially significant rmless 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 IMP ACT REPORT is required, but it must analyze only the effects that remain to be addressed. o 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 DECLARA TION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGA TIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Preparer: Minoo Ashabi ',:___;/ . _ / '~-/ ) f --/;). . / c_ -' -I /"t';'/{r(i(;i- t- I.,! . '/4,1-,1.-&-.~ Elizabeth A. Binsack, Community Development Director Title Associate Planner Date cf'....,;? ,'l..;.(~ Resolution No. 06-117 Page 6 of 27 D. EV ALVA TION OF ENVIRONMENTAL IMP ACTS Directions I) 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 particlllar 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, and EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain 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)(0). 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. Resolution No. 06-117 Page 7 of 27 EVALUATION OF ENVIRONMENTAL IMPACTS Less Than Significant Potentially With Less Than Significant Mitigation Significant l. AESTHETICS - Would the project: Impact Incorporation Impact No Impact a) Have a substantial adverse effect on a scenic vista? 0 0 0 r8J b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, an<~ historic buildings within a state scenic highway? 0 0 0 r8J c) Substantially degrade the existing visual character or quality of the site and its surroundings? 0 r8J 0 0 d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 0 r8J 0 0 II. AGRICUL TURE 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? 0 0 0 r8J b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 0 0 0 ~ c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? 0 0 0 l2J 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? 0 0 ~ 0 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 0 0 r8J 0 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 0 0 r8J 0 d) Expose sensitive receptors to substantial pollutant concentrations? 0 0 r8J 0 e) Create objectionable odors affecting a substantial number of people? 0 0 (8J 0 Resolution No. 06-117 Page 8 of 27 Less Than Significant Potentially With Less Than Significant Mitigation Significant IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? D D D ~ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? D 0 0 ~ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 0 0 0 ~ 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? D D 0 C8J e) Contlict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 0 0 C8J t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 0 0 0 [8J V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ~ 15064.5? 0 [8] 0 0 b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ 15064.5? 0 I2?J 0 0 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 0 C8J 0 D d) Disturb any human remains, including those interred outside of formal cemeteries? 0 ~ 0 0 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: Resolution No. 06-117 Page 9 of 27 Less Than Significant Potentially With Less Than Significant Miiigation Significant i) Rupture of a known earthquake fault, as delineated on the Impact Incorporation Impact No Impact most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 0 0 0 C8J ii) Strong seismic ground shaking? 0 0 C8J 0 iii) Seismic-related ground failure, including liquefaction? 0 0 C8J 0 iv) Landslides? 0 0 0 ~ b) Result in substantial soil erosion or the loss of topsoil? 0 0 0 ~ 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? 0 0 0 ~ 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? 0 0 ~ 0 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? 0 0 0 ~ .....,. 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? 0 0 0 ~ 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? 0 0 0 I:8J c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 0 0 0 ~ 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? 0 0 0 ~ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 0 0 0 [8J f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or w~~JH6ffJij~)t6~erl 0 0 0 [8J Page 10 of 27 Less Than Significant Potentially With Less Than Significant Mitigation Significant g) Impair implementation of or physically interfere with an Impact Incorporation Impact No Impact adopted emergency response plan or emergency evacuation plan? 0 ~ 0 0 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? 0 0 0 ~ VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requ irements? 0 0 0 ~ 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)? 0 0 D ~ 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 0 r8J 0 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? D D r8J 0 e) Create or contribute runoff water which would exceed the capacity of existing or planned stonnwater drainage systems or provide substantial additional sources of polluted runoff? D 0 ~ 0 f) Otherwise substantially degrade water quality? 0 0 [8J 0 g) Place housing within a IOO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 0 0 0 rgJ h) Place within a lOO-year flood hazard area structures which would impede or redirect flood flows? 0 0 0 ~ 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? 0 0 0 ~ j) Inundation by seiche, tsunami, or mudflow? 0 0 0 ~ k) Potentially impact storm water runoff from construction activities? 0 D ~ D Resolution No. 06-117 Page 11 of 27 Less Than Significant Potentially With Less Than Significant Mitigation SignJjicant Impact Incorporation Impact No Impact I) Potentially impact storm water runoff from post- construction activities? 0 0 ~ 0 m) Result in a potential for discharge of storm water 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? 0 0 ~ 0 n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? 0 0 [8J 0 0) Create the potential for significant changes in the flow velocity or volume of storm water runoff to cause environmental harm? 0 0 [81 0 p) Create significant increases in erosion of the project site or surrounding areas? 0 0 0 [81 IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? 0 0 [8J 0 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? 0 0 [81 0 c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 0 0 L8J 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? 0 0 D ~ 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? 0 0 0 ~ 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? 0 [8J 0 0 b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? 0 0 0 L8J Resolution No. 06-117 Page 12 of 27 Less Than Significant Potential/y With Less Than Significant Mitigation Significant c) A substantial permanent increase in ambient noise levels Impact Incorporation Impact No Impact in the project vicinity above levels existing without the project? D 0 D C8J d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? D D D t8J e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 0 0 t8J f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? 0 0 0 C8J XII,POPULATION AND HOUSING - Would the project: a) .Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 0 0 0 [8J b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0 0 0 t8J c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 0 t8J XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? 0 0 ~ 0 Police protection? 0 0 ~ 0 Schools? 0 0 t8J 0 Parks? 0 0 t8J 0 Other public facilities? 0 0 C8J 0 Resolution No. 06-117 Page 13 of 27 Less Than Significant Potentially With Less Than XIV. RECREATlON- Significant Mitigation Significant Impact I ncorporat ion Impact No Impact 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? 0 0 ~ 0 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? 0 0 0 ~ XV. TRANSPORT A TION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 0 0 [8] 0 b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 0 0 0 C8J 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? 0 0 0 ~ ~ d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 0 0 D r8J e) Result in inadequate emergency access? 0 0 0 ~ t) Result in inadequate parking capacity? D 0 0 r8J g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 0 0 0 ~ XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? 0 0 0 [8] 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? 0 0 0 ~ 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? 0 0 0 I8J Resolution No. 06-117 Page 14 of 27 Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 0 0 0 1ZI e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 0 0 1ZI t) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 0 0 0 1ZI g) Comply with federal, state, and local statutes and regulations related to solid waste? 0 0 0 1ZI h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? 0 0 0 1ZI 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 Cali fomi a 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)? 0 0 0 ~ c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 0 0 0 1ZI Resolution No. 06-117 Page 15 of 27 FINAL EXHIBIT A OF RESOLUTION NO. 06-117 EVALUATION OF ENVIRONMENTAL IMP ACTS MOBILE HOME PARK EXPANSION ZONE CHANGE 06-001, GENERAL PLAN AMENDMENT 06-002, CONDITIONAL USE PERMIT 05-028 14092 BROWNING AVENUE BACKGROUND The project site is a 1. 12-acre parcel which is a vacant abandoned railroad right-of-way adjacent to an existing mobile home park known as Villa Valencia Mobile Home Park and is surrounded by residential development on the south, east and west, and a recreation vehicle (R V) storage and the Interstate 5 freeway on the north. Since the site was developed and used as a railroad easement, there is no zoning or general plan designation. Therefore, the proposed project requires approval of a General Plan Amendment and Zone Change request to change the land use and zoning classification from "Unclassified" to "Mobile Home Park." The existing mobile home park site is 16.84 acres in area and includes 148 home pads. With development of the proposed site, the park would include 158 home pads. Access to the site is provided from Browning Avenue, and the proposed expansion site is currently separated from the residential uses on the east by an approximately six (6) foot tall block wall. 1. AESTHETICS Items a & b - No Impact: The property is a 1.12-acre undeveloped parcel which is an abandoned railroad right-of-way adjacent to an existing mobile home park. The property is not located on a scenic vista or within a State scenic highway, thus would not damage scenic resources such as trees, rock outcroppings, or historical buildings within a State scenic highway. Sources: Tustin General Plan Field Inspection Tustin City Code and Guidelines Items c & d - Less Than Significant Impact With Mitigation Incorporated: The property is currently vacant. Development of the site with ten (10) mobile homes would modify the visual character of the site and its surroundings. The site is surrounded by two- story residential buildings to the south and east, mobile homes to the west, and a RV storage facility to the north along the Interstate 5 freeway. The proposed mobile homes will be located five (5) feet from the easterly and southerly property lines. In addition, trees and heavy landscaping will be planted within the setback areas. Since the proposed structures are only single story in height and with installation of upright trees and significant landscaping, no visual impacts to adjacent properties is anticipated. The proposed new mobile homes would generate new light sources with installation of new exterior lighting. However, the new sources of light would not adversely affect day- or Resolutlli~~cf~JOW-t'~~s in the area since the amount of lights would be commensurate with a typical Page 16 of 27 ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 2 residential project and would be required to comply with the City's security standards and all lights would be arranged so that no direct rays would shine onto adjacent properties. The proposal will not substantially degrade the existing visual character nor create a new source of substantial light or glare. Mitigation Measures/Monitoring Required: · Provide significant landscaping buffer in the form of upright trees in 20-30 feet on center along the easterly property line. Prior to issuance of a grading permit, landscaping and irrigation plans in accordance with the City's Landscape and Irrigation Guidelines shall be submitted for review and approval of the Community Development Department. · Prior to issuance of a grading permit, the applicant shall submit a photometric study for buildings and common area lighting and shall ensure that lighting be of a typical residential level and shall be arranged so that direct -rays do not shine on adjacent properties, subject to the review and approval of the Community Development Director. Sources: Tustin General Plan Field Inspection Tustin City Code and Guidelines 2. AGRICULTURAL RESOURCES Items a, b & c - No Impact: The proposed project will be located on a site that is currently undeveloped and surrounded by developed residential properties. The proposed project is not located on a property designated as Prime farmland, Unique farmland, or Fannland of Statewide Importance, nor is it located within a property zoned for agricultural use, or a Williamson Act contract; therefore, the project will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use, or a Williamson Act contract. The proposed project will not result in conversion of fannland to a non-agricultural use. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Field Inspection Submitted Plans Tustin City Code California Division of Land Resource Protection - Farmland Map 3. AIR QUALITY Items a. b. c. d & e - 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. Since the site is relatively flat, only minor Resolution No. 06-117 Page 17 of 27 ZC 06-00 I, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 3 grading will be required. The proposed development of ten (10) mobile home pads on a 1.12- acre parcel is well below the thresholds of significance established by Tables 6-2 (operation thresholds) and 6-3 (construction thresholds) of the Air Quality Management District's CEQA Air Quality Handbook and is not anticipated to have a significant impact. 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 include requirements for dust control. As such, the proposed project will not create a significant impacts related to air quality. Mitigation Measures/Monitoring Required: None Required Sources: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Project Application Fi~ld Inspection 4. BIOLOGICAL RESOURCES Items a. b. c. d. e & f - No Impact: The site is an undeveloped parcel currently owned and maintained by the mobile home park on a regular basis for weed abatement. The site is also surrounded by properties that are developed with pavement and structures. The site is not inhabited by any sensitive species of animals and the project would have no impacts on animal populations, diversity of species, or migratory patterns. No wetlands exist within the project site. The project would include new trees and landscape materials will be provided in accordance with the Tustin Landscape and Irrigation guidelines. 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 would occur as a result of this project. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Submitted Plans Tustin City Code 5. CULTURAL RESOURCES Items a. b. c. d - Less Than Significant Imoact With Mitigation Incoroorated: The property is not located within the City's Cultural Resources Overlay District, nor is there any identified cultural historic resources identified on the site. The site is not located in an area of high paleontological sensitivity as illustrated in the City's General Plan. The site is an abandoned railroad right-of-way, previously improved and graded as a railroad easement, so it is not located in an untouched and undisturbed land. However, since excavation and grading is proposed for development of the mobile home park, additional Resolution No. 06-117 Page 18 of 27 ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 4 protective measures for any potential paleontological resources wiIi be required in accordance with Public Resources Code Section 15064.5. In addition, since rezoning and reclassification of the site would require a general plan amendment, an invitation for consultation for a period of ninety (90) days was sent to a list of seven (7) Native American tribes provided by the Native American Heritage Commission as required by Government Code Section 65352.3. No written request for consultation was received. Mitigation Measures/Monitoring Required: · Prior to issuance of any grading permits, the developer shall provide written evidence that a County-certified archaeologist has been retained. If buried resources are found during grading within the project area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. · Prior to issuance of a any grading permit, the applicant shall provide a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. · Prior to the issuance of any grading permit, the applicant shall provide written evidence to the Community Development Department that a County-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. Sources: Submitted Plans Tustin City Code Tustin General Plan Field Inspection 6. GEOLOGY & SOILS Items a-ii. a-iii. & d - Less Than Significant Impact: The proposed buildings will be located on expansive soil and will be 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 with submittal of the grading plans; however, no building permits or foundation permit will be issued by the City since mobile home parks are under State jurisdiction. No significant impact is anticipated since the project would be required by the State to comply with the 2001 Uniform Building Code related to Chapter 18. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Tustin City Code Resolution No. 06-117 Page 19 of 27 ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 5 Uniform Building Code Field Evaluation Items a-i. a-iv. b. c. & e - No Impact: The project site is not located within an area on the Alquist-Priolo Earthquake Fault Zoning Map. The project will not be located on a geologic unit or soil that is unstable and will not result in on- or off-site landslide, lateral spreading, subsidence, or collapse. Since all new buildings in the City are required to operate on 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 Field Evaluation California Seismic Hazard Zone Map, Tustin Quadrangle, January 17,2001 7. HAZARDS & HAZARDOUS MATERIALS Items a through f and h - No Impact: The proposed project involves grading, utility installation and pad development for mobile home parks. No storage or transport of hazardous materials are anticipated to or from the proposed residential development. The project would not result in exposure to hazardous substances other than the possibility of household hazardous waste generation which residents could properly dispose of most unwanted items at approved County drop-off locations. Because the use is for residential purposes, the project is not anticipated to need or emit hazardous materials which could create a hazard to the adjacent school or the general public if released into the environment. 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 which determined that the project will not interfere with any evacuation plans. The project has received preliminary review by the Orange County Fire Authority and since the total number of units is over 150, the additional units are required to be equipped with fire suppressant systems approved by the Orange County Fire Authority. All grading and construction is subject to compliance with all applicable Uniform Building and Fire Codes. As such, the project is not anticipated to result in any significant hazards. Sources: Uniform Building and Fire Codes Submitted Plans Tustin General Plan Item g - Less Than Significant Impact With Mitigation Incorporated: The site is currently developed with 148 mobile home units with one access from Browning A venue. Since with the additional units the total number of mobile home units would exceed the Orange County Fire Authority's threshold of 150 units (requires a secondary access), the excess units are required to be equipped with a fire sprinkler system to mitigate any increased Resolution No. 06-117 Page 20 of 27 ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 6 response time that may be experienced in an emergency response situation due to limited access. Since the building permits will be issued by the State, to ensure that these mitigation measures are met, the applicant will be required to submit evidence that plans have been submitted to the OCF A for review and approval prior to issuance of a grading permit. Mitigation Measures/Monitoring Required: . Prior to the issuance of any grading permits, the applicant shall submit a Fire Master Plan to obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on-site. This plan shall indicate the locations of all existing and proposed fire hydrants on the project and shall indicate the locations of all fire lane signs and/or red curbs in the existing park as well as the proposed new addition. The applicant may contact the OCFA at (714) 573-6100 or visit the OCF A website to obtain a copy of the "Guidelines for Emergency Access." . Along with the Fire Master Plan, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. . Prior to the issuance of a grading permit, the applicant shall submit plans for the required automatic fire sprinkler system in all of the proposed structures to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFP A 13 Commercial Sprinkler Systems. " . Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. 8. HYDROLOGY & WATER QUALITY Items c. d. e. f. k. l. m. n. o. 0 - Less Than Significant Imoact: The project site is relatively flat, and the proposed project will continue to maintain a relatively flat site with improved site drainage, including roads, curbs and gutters, and additional landscaping. With new construction, there is the potential to impact stormwater runoff from construction and post-construction activities with stormwater pollutants from the maintenance of landscape areas and the trash enclosures. There is also the potential for discharge of storm water to affect the beneficial uses of the receiving waters and changes in the flow velocity' or volume of storm water runoff. However, the project is required to comply with the City's Water Quality Ordinance and most recently adopted NPDES permit (Santa Ana Regional Water Quality Control Board (RWQCB) Order R8-2002-0010), thus reducing any potential impacts to a level of insignificance. Together, these regulations minimize water pollution by regulating point sources that discharge pollutants into local waters. 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. Resolution No. 06-117 Page 21 of 27 ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 7 Sources: Field Verification Submitted Plans Tustin City Code Items a. b. g. h. i. and i-No Imoact: The project site is relatively flat, and the proposed project will continue to maintain a relatively flat site with improved site drainage and additional landscaping. A significant amount of stormwater received on-site will percolate into the soil where landscaping is provided, and remaining stormwater will be required to be conveyed through an approved filter prior to entering a City stormdrain. The City's 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. As such, the project will not violate any water quality standards or waste discharge requirements or degrade water quality in the area. The project is located within Zone X (areas of 0.2 percent annual chance flood), as mapped on a Flood Insurance Rate Map. Accordingly, the project will be designed and graded with an appropriate drainage system to avoid any potential flood hazards. The project is not located within a 100-year flood hazard area structure which will 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 Flood Insurance Rate Map 9. LAND USE PLANNING Items a and b - Less Than Significant Impact: The proposed development would require approval of a General Plan Amendment (GP A) and a Zone Change to designate the unclassified site to Mobile Home Park (MHP). Mobile Home Parks are conditionally permitted in the MHP zoning; therefore, this proposal requires approval of a conditional use permit that will be considered by the Planning Commission and the City Council concurrently with the GP A and Zone Change applications. Assuming that the project components are approved, the proposed use would be consistent with the adjacent land use and zoning regulations, which are residential uses. The proposed development would meet the development standards of the City's Mobile Home Park (MHP) zoning district as follows: Resolution No. 06-117 Page 22 of 27 ZC 06-001. GPA 06-22, CUP 05-028 Attachment A - Analysis Page 8 Minimum Standard Building Site = 5 acres Individual Lot size = 2,800 sq. ft. Density = 10 du facre Site Coverage = 75 percent Parking = 2 per unit Guest Parking = 1 per 10 units (15) Front Setback = 5 feet Individual Lot = 3 feet Proposed 1.12 new and 16.84 existing = total 1 7.96 acres 4,170 sq.ft. (average) 9 du/acre 58 percent double car garage 34 spaces 5 feet 4' -9" In addition, the proposed project would provide additional housing opportunities consistent with Goal 1 and Policy 1.3 and of the Housing Element, which encourage providing an adequate supply of housing to meet the need of a variety of housing types and the diverse socio-economic needs of all community residents and preserving affordable housing by maintaining mobile home parks. The project is acces'sible through the City's current street system through the existing mobile home park, and the project could be supported with existing transportation and public facilities. The proposed project would not divide an established community since the vacant 5ite is surrounded by residential uses on the east, south, and west side. The proposed project is not located in the conservation plan or natural community conservation plan. The proposed project would not conflict with any applicable conservation plan. Mitigation Measures: N one Required. Sources: Submitted Plans Tustin General Plan Tustin Zoning Map Item c - No Impact: The project site is located within an urbanized area and does not conflict with any habitat conservation plan or natural community. conservation plan. Mitigation Measures: None Required. Sources: Submitted Plans Tustin General Plan 10. MINERAL RESOURCES Items a & b - No Impact: The proposed project is not located on a mineral resource recovery site. The construction of ten (10) mobile home pads will not result in the loss of availability of a known mineral resource. Mitigation Measures/Monitoring Required: None Required Resolution No. 06-117 Page 23 of 27 ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 9 Sources: Submitted Plans Tustin City Code Tustin General Plan 11. NOISE Item a - Less Than Significant Impact With Mitigation Incorporated: The project site is located more than 300 feet from the freeway wall along the Interstate 5 freeway within an area with exterior Community Noise Equivalent (CNEL) contours within the 65 dB range (Figure N-I of Tustin Noise Element). The provisions of the State of California Noise Insulation Standards and the City of Tustin Noise Ordinance. limits the indoor noise levels for multifamily residential living spaces not to exceed 45 dB and exterior noise level not to exceed 55 dB. Table N-2 of the Tustin Noise Element identifies potential conflicts between the land uses and the noise environment. Per Table N-2, the proposed project falls within Zone B. Zone B implies minor soundproofing may be needed in the form of conventional construction, closed windows, and providing fresh air supply systems or air conditioning. There is an existing sound wall along the freeway; therefore, no additional barrier would be required along the northwesterly portion of the site. Building permits for installation of the mobile home units will be issued by the State, and the City of Tustin would not be reviewing and issuing building permits for the units. However, to maintain the required interior noise standard, the City recommends upgrades for exterior walls, roof insulation, and window glazing and restrictive use of window and door openings along .the north westerly portion of the site to reduce interior noise levels. These mitigation measures are only a recommendation. Since the building permits will be issued by the State, the City of Tustin is not the authorized agency to ensure implementation of these recommendations. Mitigation Measures Recommended: · Installation of air conditioners or fresh air supply system is recommended for all units to allow for closed windows and mitigating the freeway noise. · Installation of dual glazed windows is recommended. Use of limited window and door openings on the northwesterly property line along the freeway side to minimize noise exposure is also recommended. Sources: Tustin City Code Tustin General Plan Item b. c. & d - No Impact 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. 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. Resolution No. 06-117 Page 24 of 27 ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page I 0 Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Code Item e & f - No Impact: The site is not located within an airport land use plan or within two (2) miles of a public or private airport. Although the project is not located within the John Wayne Airport flight path, it is in close proximity to the incoming flights over the State Route 55 freeway to John Wayne Airport. The City, County, and State criteria for Community Noise Equivalent (CNEL) for exterior residential uses is 65 dB consistent with the Tustin Noise standards. In accordance with the California Airport Noise Standards, John Wayne Airport performs quarterly noise monitoring at several locations. Based on the quarterly noise abatement reports, the project is not located within the 65 CNEL area/noise impact area. As a result, no specific method of construction would be required to mitigate the unanticipated aircraft noise impacts. The project, however, would be conditioned to meet City's noise standards. Mi tigation Measures/Monitoring Required: None Required Sources: Orange County Airport Land Use Plan (ALUP) Tustin City Code Tustin General Plan 12. POPULATION & HOUSING Items a. b. and c - No Impact: The proposed project would increase the number of housing units in the area by 10 units, which is within the allowable housing units and population as identified in the City's General Plan. The increase in housing units and population would not be substantial in that new public streets or new public services would not need to be created. The proposed project would not displace any existing housing, but rather would provide for additional housing units. Sources: Submitted Plans Tustin City Code Tustin General Plan 13. PUBLIC SERVICES Item a - Less than Significant Impact: The proposed project would provide for ten (10) mobile home units. The proposed proj(~ct is in an existing urbanized area where fire and police protection are currently provided. Although the project would increase the number of housing units within the area, no new streets, public services, or infrastructure would need to be created. Resolution No. 06-117 Page 25 of 27 ZC 06-001, OPA 06-22, CUP 05-028 Attachment A - Analysis Page II Sources: Submitted Plans Tustin City Code Tustin General Plan Adopted California Building and Safety and Fire Codes 14. RECREATION Item a - Less than Significant Impact Tustin City Code Section 9227 requires that a minimum of 100 square feet of recreation for each mobile home lot if more than 25 percent of the units are occupied with families with children under the age of fifteen (15). The project will be in compliance with the City requirements and provide for adequate on-site recreational opportunities. The proposed additional mobile home pads will be part of an existing mobile home park which includes an approximately 9,800 square foot park with a community pool, barbeque, and clubhouse. In addition, a new 6,379 square foot park will be provided with development of the new homes. The new park would be located on the vacant parcel, and development of a small neighborhood park will not have an adverse physical effect on the environment. The applicant will be required to submit landscape and irrigation plans for review and approval of the Community Development Department for development of the proposed 6,379 square foot park. By providing an on-site neighborhood park, there will be no substantial increase in use of existing neighborhood parks, and development of ten (10) units will not have the potential to substantially deteriorate existing park facilities. Items b - No Impact: While the residents of the project may use existing City parks, the increased use of existing parks would not be such that substantial deterioration of the facility would occur or be accelerated, nor would the project include recreational facilities that would have an adverse physical effect on the environment. Sources: Submitted Plans Tustin City Code Tustin General Plan 15. TRANSPORTATIONffRAFFIC Item a. b. c. d, e. f. g - No Impact: The most representative trip rates for the project are provided in Trip Generation published by the Institute of Transportation Engineer (ITE). The proposed ten (10) added mobile home dwelling units (and added park area) was compared to the abandoned railroad right-of-way (which generates no traffic), and it was concluded that the project has the potential to generate a total of 50 net daily trip ends, based upon the ITE rates. The net change in AM and PM peak hour generation is anticipated to be five and six trip ends. These findings were based on reference of trip generation rates found to be most representative of the proposed Resolution No. 06-117 Page 26 of 27 ZC 06-001, GP A 06-22, CUP 05-028 Attachment A - Analysis Page 12 project. Based upon the projected traffic and the adjacent street system, it has been determined there is sufficient capacity to accommodate the proposed project. No significant AM or PM peak hour impacts are anticipated. The proposed project will not induce substantial population or growth wherein the project will not result in changes to air traffic patterns or conflict with adopted policies, plans, or programs supporting alternative transportation such as bus turnouts or bicycle racks. The project includes sufficient on-site parking including guest parking to comply with current parking requirements for the proposed use. As such, no impacts to parking are anticipated. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code 16. UTILITIES & SERVICE SYSTEMS Items a. b. c. d. e. f & g - No Impact: The proposed project will not exceed the requirements of the applicable Regional Water Quality Control Board or require or result in the construction of new water or wastewater treatment facilities. The proposed project will utilize the existing sewer and stonn drain systems and thus will not require construction of a new storm water drainage facility or solid waste facility. The project would be required to submit a hydrology report to ensure proper grading, drainage, and sewer systems. The project will utilize the City's existing trash hauler contract, thus not requiring a new trash hauler. Adequate water supply from existing resources will be available to serve the proposed project. 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: The project design, construction, and operation will comply with applicable regulations. The project, by nature of its location and as designed, does not have the potential to: degrade the quality of the environment; reduce the habitat of 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. The project does not have the potential to achieve short-term environmental goals to the disadvantage of the long-term. It does not have impacts that are individually limited but cumulatively considerable or that would cause substantial adverse impacts on human beings. Resolution No. 06-117 Page 27 of 27