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HomeMy WebLinkAboutPC RES 3803l0 ]4 ]6 20 24 25 2(; 27 RESOLUTION NO. 3803 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CONDITIONAL USE PERMIT 01-024 AND DESIGN REVIEW 01-030 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: Al That Conditional Use Permit 01-024 and Design Review 01- 030. are considered "projects'' pursuant to the California Environmental Quality Act. B. An Initial Study/Negative Declaration was prepared, distributed for public review, and adopted as adequate for Conditional Use Permit 99-015 and Design Review 99-014 by the Planning Commission through adoption of Resolution No. 3678 on July 12, 1999, in accordance with the California Environmental Quality Act. C! The proposed project Conditional Use Permit 01-024 and Design Review 01-030 is fully within the scope of Conditional Use Permit 99-015 and Design Review 99-014 since no substantial modifications are proposed, no revisions to the discussion of impacts are required, and no new mitigation measures are required. The prior Final Negative Declaration adequately describes the project, as modified, and no additional public review is required. II. A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. The Planning Commission has reviewed the Final Negative Declaration prior to recommending approval of the proposed project and finds that it adequately discusses the environmental effects of the proposed project and determines that there will not be a significant effect on the environment. In addition, the Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources and makes a De Minimis Impact Finding as defined in Section 711.2 of the Fish and Game Code. l0 14 l? 20 2! 2.2 23 2.4 25 26 2'7 Resolution No. 3803 CUP 01-024, DR 01-030 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 24th day of September, 2001. ELIZABETH A. BI'NSACK Planning Commission Secretary LESLIE A. PONTIOUS Chairperson I, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3803 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of September, 2001. Planning CommisSion Secretary INITIAL STUDY COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92 780 (714) .5 73-31 O0 · Ae BACKGROUND Project Title' Conditional Use Permit 99-015 & Design Review 99-014 Lead Agency: City of Tustin ~ 300 Centennial Way Tustin, Califomia 92780 Lead Agency Comact Person: Lori Ludi Phone' (714) 573-3127 Project Location' 145-165 El Camino Real Project Sponsor's Name and Address: John and Mary Prescott 18752 E. 17th Street Santa-Ana, CA 92705 General Plan Designation: Old Town Commercial Zoning Designation: Central 'Commercial District C-2(P) with Parking Overlay District Project Description: constructi°n of a 10,716 square foot, two story building at 145-165 El Camino Real. The.proposed occupant is a "mail-order" use. Surrounding Uses: North' Residential South: Commercial East: Commercial West: Commercial Other public agencies whose approval is required: ~;~ Orange Coumy Fire Authority ~ City of Irvine [--] Orange County Health Care Agency [--] City of Santa Ana [---] South Coast Air Quality Management ['"] Orange County District EMA Other Be · . . ( ENVIRONMENTAL FACTORS POTENTIALLy AFFECTEo 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. [-'~Land Use and Planning [-]Population and Housing Ii, Geological Problems [-']Water [--]Air Quality [-qTransportation & Circulation [--]Biological Resources [--qEnergy and Mineral Resources [-]Hazards [--~oise [-]Public Services ["-]Utilities and Service Systems [--]Aesthetics [-]Cultural Resources [--]Recreation [-]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation' [-] 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 the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [--] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [-] I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and .2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated.'' An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [--1 I find that although the proposed project could have'a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursUant to that earlier EIR, including revisions or mitigation measures that are imposed.upon the' proposed project. ['-] I find tl~at although the proposed project could have a significant effect on the environment, there. WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. ereparerf~Le~k..p~../]~~t~c' ~~ Elizabeth A. B insack, Community Development Director De EVALUATION OF ENVIRO~NTAL 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 rapture 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) 3) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and Operational impacts. 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, 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 .o..r 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. 6)' 7) 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 siterspecific conditions for the project. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 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 a new 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 Impo.rtance (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 their location or nature, could result in conversion of Farmland,.to non-agricultural use? IlL 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? Potentially Significant Impact · Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact 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 stares 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 6ther 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 approvedlocal, 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 ...S. OILS' - Would the project: -a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Significant Impact . . Less Than Significant With Mitigation · Incorporation Less Than Significant Impact · No Impact , 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 Govemment 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? Potentially Significant Impact Less Than Significant With Mitigation Incorporation LeSs Than. Significant Impact . No Impact 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 OUALITY: -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? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact 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 availabili, ty 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 no~se ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels e>tisting 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? 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)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact 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 constmc, tion 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? P o li ce 'protection ? Schools? Parks? Other. public facilities? 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? Potentially Significant Impact. Less Than Significant W~th Mitigation Incorporation Less Than Significant Impact No Impact 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? -.. 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? 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? 'XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to decade the quality of the environment, substantially reduce the habitat of a fish or w. ildlife 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 prehist0ry? 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? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact ID ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 99-015 & DESIGN REVIEW 99-014 [Revised 9/24/01 CUP 01-024 and DR 01-030] BACKGROUND , ~ , The project site is three 7,375 square foot parcels, totaling 22,125 square feet, located at 155 E1 Camino Real, on the east side of E1 Camino Real between First Street and Second Street. The northerly parcel is currently developed as a parking lot servicing the building that is developed on the middle parcel. The existing building developed on the middle parcel is a cocktail bar. The southerly parcel is currently vacant. The area in which the project site is located is surrounded by developed residential and commercial uses. The project site is located in the Central Commercial C-2 (P) Parking Overlay District and the Town Center Redevelopment Project Area. The current use of this building is a cocktail bar that serves alcoholic beverages for on-site consumption. The proposed project involves the demolition of the existing parking lot and building and construction of a two-story office building owned by Prescott Properties, including the following: 1. A 10,716 square foot two-story commercial building [9,156 square feet - Revision 9/24/01 ] 2. The proposed occupant is a "mail-order" use business. [Retail, .office and mail order use- Revision 9/24/01 ] 3. Construction of landscape planters, trash enclosure and paved surface for circulation and parking. 1. AESTHETICS , i i, ii Items a & b - No Imf)act: _ nor does it affect a scenic vista. The project site is not located on a scenic highway Items c & d- Less Than Significant with Mitigation Incorporation: The proposed .project will establish a new commercial building. The building has been designed to complement the surrounding architectural styles of existing buildings within the Old Town area. Over 16 percent of the site is proposed to be landscaping. Lighting on the site is required to be directed onsite and the exterior lighting is limited to 10 feet in height to avoid glare on adjacent arterials and properties. With the implementation of the mitigation measure and the conditions of approval, impacts related to aesthetics will be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: The applicant shall provide details of all proposed lighting fixtures and a photometric Study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be designed with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. The site shall be landscaped consistent with the City's Landscaping'and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. Sources: Project Application Tustin Security Code 2. AGRICULTURAL RESOURCES Items a, b & c- No Impact: The proposed project will be located on three existing parcels within an area that is currently developed. The northerly parcel is developed with a parking lot that services the building located on the middle parcel which is a cocktail bar establishment. No impacts will occur to any agricultural uses or farmland. Mitigation Measures/Monitoring Required: None Required Sources' Tustin General Plan 3. AIR QUALITY Item b - Less Than Significant with Mitigation Incorporation: Short and long-term emissions associated with demolition of the existing building, grading, and the construction 'of the proposed building and site amenities are subject to regulation by the South Coast Air Quality Management District and the City of Tustin Grading Manual, which includes requirements for dust control. Mitigation Measures/Monitoring Required' All construction activity shall comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust. Items a, c, d & e- No Impact: The relatively small magnitude of the project does not have the capacity to create a net increase of any criteria pollutant, expose sensitive receptors to substantial pollutant concentrates, or create objectionable odors. With implementation of the above mitigation measures and conditions of approval that require the applicant to conduct grading activities in compliance with the City of Tustin Grading Manual and obtain all necessary approvals and permits from the 155 El Camino Real- Initial Study Attachment A Page 2 of 9 SCAQMD and the City of Tustin, any potential impacts related to air quality will be reduced to a level of insignificance. '. Mitigation Measures/Monitoring Required: .. Sources: None Required South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Project Application Field Inspection 4. BIOLOGICAL RESOURCES i i i Items a, b, c, d, e & f-No Impact: The proposed project will establish a new commercial building in three parcels that were previously developed. No impacts will occur to endangered, threatened or rare species or habitats, locally designated species or natural communities, or wildlife dispersal or migration corridors. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Tustin General Plan 5. CULTURAL RESOURCES Items a, b, c & d - No Impact: The proposed project involves demolition of an older commercial structure that is not listed on the City's Historical Resources Survey and construction of a two-story office building on three parcels. The northern and' middle parcels are currently developed as a cocktail bar and parking lot. The third parcel is vacant, but was previously developed. No impacts to paleontological, archaeological, historical, religious resources, or disturbing of any human remains will occur. Mitigation Measures/Monitoring Required: None Required Sources' Tustin General Plan 6. GEOLOGY & SOILS Items a-i, a-ii, a-iii & b - Less Than Significant with Mitigation Incorporation:The topography of the site is relatively flat and would require minor precise grading activity to prepare the site for new construction. Compliance with current codes will ensure that the design and construction of the proposed project reduce any potential impacts related to fault raptures, ground shaking, ground failure, liquefaction, or unstable soils to a level of insignificance. Mitigation Measures/Monitoring Required' 155 El Camino ReaL. Initial Study Attachment A Page 3 of 9 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction 'activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting, and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official, and request for approval shall be submitted in writing prior to any approval. Items a-iv, c, d & e- No Impact: The project site is not located within an area that is subject to seiche, tsunami, volcanic hazards, landslides or mudflows, erosion, subsidence, or expansive soils. No unique geological or physical features are present within the area. With imPlementation of a condition of approval that requires the applicant to obtain all necessary approvals from the Community Development Depamuent, the project design and construction will reduce potential impacts to a level of insignificance. Sources' Tustin General Plan 'City of Tustin Grading Manual Uniform Building Code Project Application Field Evaluation 7. HAZARDS & HAZARDOUS MATERIALS ~ , Items a, b, c, d, e, f, g & h- No Impact: The proposed project will not create a significant hazard through the handling of hazardous materials and will not foreseeably involve the accidental release-of hazardous materials into the environment. The proposed project is more than a quarter of a mile of an existing or any proposed school sites. The project site is not located within a airport land use plan or within two miles of a public or private airport. The proposed project does not interfere with any evacuation plans or emergency response plans. The project site is not within a wildland area, and would not expose individuals or structures to the hazards of wildland fires. Mitigation Measures/Monitoring Required: None Required. Sources: Tustin General Plan Orange County Fire Authority Orange County Health Care Agency 8. HYDROLO.GY & WATER QUALITy Items a, b, c, d, e, fi g, h, i & j -No Impact: The project does not violate water quality standards or waste 'discharge requirements. It will not expose people or property to water-related hazards such as flooding and erosion and will not change 155 El Camino Real- Initial Study Attachment A Page 4 of 9 the course or direction of water movements or affect the quantity and quality of groundwaters Sources' Tustin General Plan City of Tustin Grading Manual Public Works Department Orange County Health Care Agency Project Application 9. LAND USE PLANNING Items a, b & c- No Impact: The proposed project consists of demolishing an existing parking lot and cocktail bar and constructing a two-story commercial building for a "mail-order" commercial business. The site is designated Old Town Commercial by the General Plan Land Use Map and is zoned Central Commercial- Parking (C-2 P). The proposed project is similar to and compatible with other commercial uses in the vicinity and is located On three parcels which will be combined into one parcel through the recordation of a parcel map. The project Will not divide or disrupt the area. The proposed project is not anticipated to impact land use or planning. Mitigation Measures' A deed restriction shall be provided after the recordation of the parcel map to ensure that the proposed uses are maintained or that additional off-street parking be provided in the future if a more intensive use is proposed to occupy the building. A draft deed restriction agreement shall be submitted to the Community Development Department for review prior to recordation. Evidence of recordation shall be provided to the Community Development Department prior to the issuance of building permits. The deed restriction shall not be removed without the written approval from the City. Prior to the issuance of a building permit, the Tentative Parcel Map shall be approved by the City Council to combine the three existing lots into one legal lot. Sources: Tustin General Plan Tustin Zoning Code Project Application Field Evaluation 10. MINERAL RESOURCES Items a & b- No Impact' The construction and operation of the facility will not use nonrenewable resources in a wasteful or inefficient manner. There are no known mineral resources located on the project site. 155 El Camino Real Initial Study Attachment,4 ' Page 5 of 9 Mitigation Measures/Monitoring Required' None Required Sources' Tustin General Plan 11. NOISE Items c & d- Less Than Significant with Mitigation Incorporation: With respect to short-term noise impacts associated with construction, all construction will be required to conform to the Noise Ordinance and work 'may only be performed during permitted hours of construction. 'As such, short-term noise impacts will be mitigated to a level of insignificance. No significant increase in long-term noise impacts associated with generation of vehicular traffic is anticipated. Operations of the facility will be required to conform to the Noise Ordinance. Long-term operational noise will be reduced to a level of insignificance through compliance with the Noise Ordinance. With implementation of the above mitigation measures and conditions of approval, potential noise impacts are reduced to a level of insignificance. Mitigation Measures/Monitoring Required' All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7'00 a.m. and 6:00 p.m., Monday through Friday, and between 9'00 a.m. and 5'00 p.m. on Saturday, unless otherwise determined by the Building Official. Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. Any rooftop equipment, including vents and exhausts, shall comply with the City.of Tustin Noise Ordinance and shall be installed with architecturally compatible screening to insure the equipment is not visible from public right- of-way view. It_ems a, b, e & f-No Impact: The project site is not located within an airport land use plan or within two miles of a public or private airport. Mitigation Measures/Monitoring Required: None Required. Sources: Tustin General Plan Noise Ordinance Project Application 155 El Camino Real- Initial Study ,4ttachment ,4 Page 6 of 9 12. POPULATION & HOUSING Items a, b & c-No Impact: The proposed project is 'located on a site that currently is developed as a cocktail bar and is surrounded by existing residential and commercial uses. The proposed project would not result in any direct increase in population nor induce substantial growth in the area. No impacts related to population or housing are anticipated.. Mitigation Measures/Monitoring Required: None Required Sources' Tustin General Plan Project Application Field Evaluation 13. PUBLIC SERVICES Item a- No Impact: The project site and surrounding commercial properties are currently subject to fire and police protection. No additional resources are required to maintain these existing service levels. The proposed project will not create additional services related-to maintenance of public facilities, including roads. Mitigation Measures/Monitoring Required: None Required Sources' Tustin Police Department Orange County Fire Authority Tustin Public Works Department 14..RECREATION 'Items a & b-No Impact: The proposed construction of an retail/office/mail order commercial building would not affect, existing facilities nor create a demand for recreational facilities. Mitigation Measures/Monitoring Required: None Required Sources' Tustin General Plan Project Application 15. TRANSPORTATION/TRAFFIC Item a - Less Than Significant Impact: The City's Traffic Engineer has reviewed the proposed project and found that the project, as compared to existing development, will not result in an increase in traffic. The project is located within area "A" of the Transportation System Improvement Program '(TSIP) which requires the payment of fees intended to mitigate traffic impacts within the Benefit Areas. 155 El Camino Real- Initial Study Attachment A Page 7 of 9 Mitigation Measures Transportation System Improvement (TSIP) Benefit Area "A" fees in the amount of $5.53 per square foot of new or added gross square floor area of construction or improvements shall be submitted to the Community Development Department. Items b, c, d, e, & g- No Impact: The level of service shall not be impacted by the project. The project does not involve air traffic patterns or the creation of new roads. Mitigation Measures/Monitoring Required: None Required Item f- Less Than Significant Impact: The off-street parking required for the mail- order use has been determined by the Planning Commission to be in accordance with the City Code. The off-street parking requirements for retail and office uses shall be required to comply with the Tustin City Code. A condition of approval is incorporated into the project that requires off-street parking for office and retail uses that is in compliance with the City Code. Mitigation Measures A minimum of thirty-eight (38) [Revision 9/24/01 - thirty-four (34)] off-street parking spaces shall be provided based on the following requirements' a, b~ One (1) parking space shali be provided for every 200 square feet of gross floor area located on the first floor. One (1) parking space shall be provided for every 300 square feet of gross floor area designated for office use on the second floor. One (1) parking space shall be provided for every 2000 square feet of gross floor area designated for mail order use on the second floor. No more than 20 percent of the 38 [Revision 9/24/01 - 34] off-street parking spaces, or 7 [Revision 9/24/01 -6] spaces, may be compact spaces (less than ten feet in length by 9 feet in width), No more than 2,704 square feet of mail order use shall be located on the first floor and no more than 2,609 square feet of mail order use shall be located on the second floor. A minimum of 2,344 square feet of retail use shall be located on the first floor. Any modifications to this allocation of uses may be considered by the Community Development Department if sufficient on-site parking is provided or off-site parking is secured by the applicant or property owner. [Revision 9/24/01 - The plans shall be modified to show that the first floor shall be designated and used only as retail space. A total of 2,195 square feet 155 El Camino Real- Initial Study Attachment A Page 8 of 9 of office use and 2,258.square feet of mail order use shall be located on the second floor. Any modifications to the use of the building shall require approval of an amendment to Conditional Use Permit 01-024 by the Planning Commission.] No manufacturing may occur on the premises. Sources' Tustin General Plan Project Application Tustin Public Works/Traffic Engineer 16. UTILITIES & SERVICE SYSTEMS .. i i It.ems a, b, c, d, e, f & g- No Impact: The proposed facility will be connected to existing utilities and service systems in the area. No substantial alterations to any utilities will be required. Sources' Tustin Public Works Department Field Inspection Mitigation Measures/Monitoring Required: None Required 17. MANDATORY FINDINGS OF SIGNIFICANCE i.~ i Items a,...b_. & c- No Impact: The proposed project is the construction of a two- story office building. The previous development on the site was a cocktail bar establishment. The project design, construction, and operation will comply with the regulations of the Community Development Department, Air Quality Management District, and Orange Couniy Fire Authority which reduces any potential impacts related to geological problems, water quality, air quality, hazards, and noise to a level of insignificance. As such, the project does not hav.e the potential to degrade the quality of the environment' nor 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. Sources; Project Application City and Agency Requirements 155 El Camino Real- Initial Study Attachment A Page 9 of 9