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HomeMy WebLinkAbout01 REDEV SR. HSG 02-19-02AGENDA REPORT t o. ~2~19-02 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: REDEVELOPMENT AGENCY STAFF SUBJECT: APPROVAL OF DISPOSITION AND DEVELOPMENT AGREEMENT FOR THE REDEVELOPMENT OF PROPERTY LOCATED IN THE VICINITY OF SYCAMORE AVENUE AND NEWPORT AVENUE SUMMARY Tustin City Council approval is requested for a Senior Citizen Residential Project Disposition and Development Agreement (DDA) and related Loan Agreements, Promissory Notes and a Regulatory Agreement for the site at 1101 Sycamore Avenue. RECOMMENDATION It is recommended that the Tustin City Council take the following actions: 1. Adopt Resolution No. 02-15 certifying the Negative Declaration as adequate for the proposed DDA. Subject to non-substantive modifications as may be required by the City Attorney, authorize the Mayor to execute the DDA among the Tustin Community Redevelopment Agency, City of Tustin and Tustin Heritage Place, L.P., and the Regulatory Agreement for the senior citizen apartment development project proposed at 1101 Sycamore Avenue. FISCAL IMPACT No City general fund fiscal impact of the project is anticipated. The project will require Redevelopment Agency assistance in an aggregate amount of $600,000 which is estimated not to exceed $250,000 funded from short-term California Housing Finance Agency (CHFA) HELP Program bridge loan funds to be paid off upon completion of construction, and long-term Agency assistance not to exceed $350,000. BACKGROUND/DISCUSSION In late 1999, American Senior Living filed applications with the City of Tustin and Redevelopment Agency for land use entitlements, a density bonus and City assistance in financing a proposed development of an independent living senior citizen apartment project at 1101 Sycamore Avenue. The City of Tustin processed a General Plan Amendment, a Zone Change, Conditional Use Permit, and Design Review to increase City Council Report DDA Sycamore and Newport Avenue February 19, 2002 Page 2 of the supply of very Iow and Iow-income senior citizen housing in the City. In order to develop and construct the subject project, the developer has secured two Apartment Development Revenue Bonds issued by the County of Orange, four percent (4%) Low Income Housing Tax Credits from the California Tax Credit Advisory Committee, and a long-term Iow interest loan from the County of Orange Housing and Community Development Department (HCD). The HCD financing commitment requires a financial assistance match by the City and its Redevelopment Agency. This financial assistance was conditionally approved by the Agency at its meeting on May 21, 2001. The Agency assistance was anticipated to be funded from (1) Agency Low and Moderate Housing Set-aside funds in an amount not to exceed $350,000 and (2) California Housing Finance Agency (CHFA) HELP Program loan funds awarded to the Agency in an amount not to exceed $250,000. This anticipated financial assistance program was subject to review and approval by the City and Agency of the terms and conditions embodied in the final form of a Disposition and Development Agreement and any necessary and ancillary loan(s) agreement(s) and/or regulatory agreements. Accordingly, a Disposition and Development Agreement (DDA) is attached with the related loan agreements, promissory notes and a Regulatory Agreement for the Council's consideration. INDEPENDENT LIVING SENIOR CITIZEN APARTMENT PROJECT The developer of the 54 unit independent living senior citizen project is Tustin Heritage Place, L.P., which is comprised of Tustin Heritage Place, LLC, a California limited liability company, as the Developer General Partner and Valley West Affordable Housing Corporation, a California non-profit public benefit corporation, as the Managing General Partner. The concept plan previously approved by the City calls for a high quality senior citizen apartment development in a three-story building having architecturally distinctive elevations. The project consists of 42 one-bedroom units and 12 two-bedroom units. The plan also encourages pedestrian activities providing landscaped grounds, swimming pool and recreational facilities to enhance the quality of living for the senior citizen tenants. The project requires Heritage Place, LP to secure all required land use entitlements from the Tustin Planning Commission and City Council. The site improvements will be constructed in compliance with all provisions of the DDA and with all "Conditions of Approval" stipulated by the Tustin Planning Commission, the City Council and other applicable governmental agencies having jurisdiction. City Council Report DDA Sycamore and Newport Avenue February 19, 2002 Page 3 Except for the Agency assistance amount described below, the DDA requires the Developer to obtain funds necessary for all project costs, including but not limited to, the acquisition of the site, construction of on-site and off-site improvements, and all public utility improvements related to developing the site. Agency financial assistance will be provided to assist the Developer to acquire the site and enable the Developer: (1) to provide for the development of a 54-unit independent living senior citizen project; and (2) to record covenants requiring the maintenance of affordability for a period not less than fifty-five (55) years of fifty-three (53) senior citizen units in the project (one unit will be a manager's unit) at a price not to exceed the affordable housing cost for Iow and very Iow-income senior citizen households. The total Agency assistance to the Developer will be an aggregate amount not to exceed $600,000 to be disbursed over time, to enhance the value of the Agency's security. An initial amount of $250,000 will be deposited into escrow as assistance for the Developer's predevelopment costs of the site. A subsequent amount not to exceed $350,000 will be disbursed upon completion of construction of the improvements evidenced by the issuance of a Certificate of Occupancy for the units by the City of Tustin. The Agency assistance will be in the form of a short-term Bridge Loan in the amount of $250,000 funded by CHFA HELP Program bridge loan funds competitively awarded to the Agency and evidenced by a Bridge Loan Promissory Note and secured by a Bridge Loan Deed of Trust to be recorded as a lien against the site. The Bridge Loan funding is in accordance with the agreement by and between CHFA and the Agency, dated February 27, 2001 per Agency Resolution RDA 01-2 approving the CHFA HELP Program allocation of $1,150,000 to provide assistance for affordable housing opportunities in the South Central Redevelopment Project Area. The Bridge Loan deed will be subordinate to permitted mortgage financing approved by the Agency for construction of the site improvements pursuant to the Apartment Development Revenue Bonds issuance by the County of Orange prior to the issuance by the Agency of a Certificate of Compliance. The Bridge Loan will accrue interest at three percent (3%) per annum to be paid off the earlier of: (1) three years from the date the Bridge Loan funds are disbursed to the Developer; or (2) funding of the Agency Loan in accordance with the conditions in the DDA. Subject to the Developer's satisfactory completion of the site improvements as required by the DDA, the City and Agency's issuance of a Certificate of Compliance, and the repayment to the Agency of the total amount of the Bridge Loan and accrued interest, the Agency will fund and disburse a long-term Agency Loan in the amount not to exceed $350,000 from Iow and moderate income housing set-aside funds evidenced by an Agency Loan Promissory Note and secured by an Agency Loan Deed of Trust to be recorded as a lien against the site. The Agency Loan deed will be subordinate to City Council Report DDA Sycamore and Newport Avenue February 19, 2002 Page 4 permitted mortgage financing pursuant to the DDA including the Apartment Development Revenue Bonds and the HCD Loan for construction of the site improvements. The Agency Loan will accrue interest at three percent (3%) per annum simple interest and be repaid over the 30-year term of the loan from the Project's residual receipts as defined in the DDA to be split between the County HCD and Agency and the basis of their respective loan balances. CEQA CERTIFICATION OF NEGATIVE DECLARATIONS Staff has completed an environmental assessment of the DDA in compliance with the California Environmental Quality Act (CEQA). Approval of the DDA will not have the potential to degrade the quality of the environment and no significant environmental effect of the project is expected. The DDA stipulates that the Developer obtain certain land use and regulatory approvals from the City as conditions precedent to receiving Agency assistance for development or rehabilitation of the site. A previous CEQA Negative Declaration for the Project was approved by City Council Resolution No.01-57 pursuant to the approval of a General Plan Amendment (Resolution 01-58) and adoption of a Zone Change (Ordinance No. 1239) for the Project. An Initial Study/Negative Declaration for the DDA has been noticed for public review pursuant to the requirements of CEQA and no public comments were received during the public review and comment period, which closed on February 19, 2002. FINDING OF BENEFIT The site is located in close proximity to the South Central Project Area. On May 3, 1993 Tustin City Council adopted Resolution No. 93-45 and the Tustin Community Redevelopment Agency adopted Resolution No. 93-7 finding that the use of Iow and moderate income housing set-aside funds outside of the Project Area constituted a primary benefit to the South Central Project Area. On March 6, 2000 the Tustin Community Redevelopment Agency adopted a Second Five-Year Implementation Plan for the Town Center and South Central Redevelopment Project areas for fiscal years 2000-2001 through 2004-2005. The Implementation Plan was composed of two parts, a five-year plan for redevelopment activities and a five-year plan for housing activities. The proposed senior citizen rental residential development project is consistent with the Implementation Plan's five-year plan for housing activities for the Project Areas. Anticipated accomplishments and expenditures for the five-year period included the development of 60 new senior citizen rental units to benefit the Town Center and South Central Project Areas. The project will remove a blighting influence adjacent to the City Council Report DDA Sycamore and Newport Avenue February 19, 2002 Page 5 South Central Project Area by developing a vacant lot and developing a 54-unit independent living senior citizen housing project that would allow for the recording affordability covenants for a period of not less than 55 years and the expenditure of housing set-aside funds. The project will contain certain affordability restrictions for fifty- three (53) units. Redevelopment Program Manager RDA\CC Report\DDA American Sr Living.doc Attachments RESOLUTION NO. 02-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR THE EXECUTION OF A RESIDENTIAL DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, THE CITY OF TUSTIN AND HERITAGE PLACE, L.P. FOR THE PROPERTY LOCATED AT 1101 SYCAMORE AVENUE. The Tustin City Council does hereby resolve as follows: I. The City Council finds and determines as follows: That the Disposition and Development Agreement (DDA) between the Tustin Redevelopment Agency, the City of Tustin and Heritage Place, L.P. is considered a "project" pursuant to the terms of the California Environmental Quality Act; B. An Initial Study and a Negative Declaration have been prepared for this project and have been distributed for public review; The City Council of the City of Tustin has considered evidence presented by the Redevelopment Agency staff and other interested parties with respect to the subject Negative Declaration; and The City Council has evaluated the proposed Negative Declaration and determined that the execution of a DDA will not have a significant effect on the environment. II. A Final 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 Negative Declaration prior to approving the execution of a DDA, and found that it adequately discusses the environmental effects of the execution of a DDA for the project located at 1101 Sycamore Avenue, Tustin. Further, the City Council finds the execution of a DDA for the senior citizen housing 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 Section. The City Council hereby adopts the Final Negative Declaration for the execution of a DDA for the Resolution No. 02-15 Page 2 of 2 senior citizen housing project located at 1101 Sycamore Avenue, Tustin, California. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 19th day of February, 2002. JEFFERY M. THOMAS Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 02-15 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Califomia, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 02-15 was duly and regularly introduced, passed, and adopted at a regular meeting of the Tustin City Council, held on the 19th day of February, 2002. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: Heritage Place at Tustin Disposition and Developer Agreement (DDA) Project Location: 1101 Sycamore Averme, Tustin, California Project Description: The execution of a Disposition and Development Agreement (DDA) by and between the City of Tustin, Tustin Community Redevelopment Agency, and Tustin Heritage Place, LP, the site developer, which will authorize issuance of two Agency loans in an aggregate amount not to exceed $600,000 to assist in the development of a 54-unit affordable senior citizen housing project. The Agency loans will be secured by loan agreements, promissory notes, and deeds of trust along with a Regulatory Agreement and Declaration of Restrictive Covenants to be recorded against the property for a period of not less than 55 years. Project Proponent: American Senior Living, 1740 E.-Garry, Suite 105, Santa Aha, CA 92705 Lead Agency Contact Person: Justina Willkom Telephone: (714) 573-3174 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: [] That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said. Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON FEBRUARY 19, 2002. COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (7149 573-3100 INITIAL STUDY BACKGROUND Project Title: Heritage Place at Tustin Disposition and Developer Agreement (DDA) Lead Agency: City of Tustin Redevelopment Agency 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Justina Willkom Phone: (714) 573-3174 Project Location: 1101 Sycamore Avenue Project Sponsor's Name and Address: American Senior Living 1740 E. Gan'3', Suite 105 Santa Aha, CA 92705 General Plan Designation: High Density Residential Zoning Desigmation: Multiple Family Residential District (R~3) Project Description: Redevelopment Agency approval for execution of a Disposition and Development Agreement by and between the CiD' of Tustin, Tustin Community Redevelopment Agency, and Tustin Heritage Place, LP. the site developer, which will authorize issuance of two Agency loans in an aggregate amount not to exceed S600,000 to assist in the development of a 54-unit affordable senior citizen housing project. The Agency loans will be secured by loan agreements, promissory notes, and deeds of trust along with a Regulator), Agreement and Declaration of Restrictive Covenants to be recorded against the properB' for a period of not less than 55 years. Surrounding Uses: North: Hospital South: Offices and Multi-Family Residential East: Multi-family Residential West: Hospital Parking Lot Other public agencies whose approval is reauired: Orange Count3.' Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other [] CiB, of lrvine [] City of Santa ?ma [] Orange Count'3.' EMA B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant lmpact" as indicated by the checklist in Section D below. [-]Land Use and Planning [-]Population and ttousing [-'lGeological Problems [--IWater [-]Air Quality [--]Transportation & Circulation [--]Biological Resources I-']Energ3' and Mineral Resources [~]Hazards [--]Noise [-]Public Services ['-]Utilities and Service Systems I~Aesthetics [--]Cultural Resources [--]Recreation []]]]Mandato~' 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. 1 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. 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 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 NEGATIVE DECLAIL&TION pursuant to applicable standards, and 2) have been avoided or mitigated pursuam to that earlier NEGATIVE DECLARATION. including revisions or mitigation measures that are imposed upon the proposed project. Prepare. r: Justina Willl~om ,j,?".,,. I . ~' !'. '" 'i t ' , · / /11, 1'~, "· -" ', "'" JustihaJ ~'illkom, Associate Planner Title A,Ssociate Planner Date 01-31-02 1) 2) 3) 4) 5) 6) 7) 8) 9) D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 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). Ali 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, the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made. an EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect fi.om "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 XVI1, "Earlier Analyses," may be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, program EI1L or other CEQA process, an effect has been adequately anal,vzed in an earlier Eli{ or negative declaration. Section 15063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For cffects that arc "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or ref'med from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into the checklisl references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effects in whatever tbrmat is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if an5', used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVALUATION OF ENVIRONWIENTAL 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 Califorma 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 Prog-ram of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a \Villiamson 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 QUALITY: Where available, the sigmificance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the follox~qng determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate an)' 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- attmnment under an applicable federal or state ambient air quality standard (including releasing emissions whmh exceed quantitative thresholds fbr ozone precursorsl? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Less Than Significant Potentially With Significant Mitigation Impact 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 an5' 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? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural commtmity identified in local or regional plans, policies, regulations or by the California Depamnent offish and Game or U.S. Fish and Wildlife Sen,ice? 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 ~4th the movement of any native resident or migratory fish or wildlife species or ,~4th established native resident or migrator3' wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict vdth 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 Corzservation Plan, Natural Commumty Conservation Plan. or other approved local, regional, or state habitat conservation plan? V. CUIJTIJRAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 150(}4.5'? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5'? c) Directly or indirectly destxoy a unique paleontological resource or site or unique geologic feature? d) Disturb mx' human remains, including those interred outside of formal cemeteries') VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss. injury, or death involving: Potentially Sign~t~cant Impact Less Than Si&ml/~cant With Mitigation Incorporation Less Than Sign~12cant Impact A.'o Impact i) Rupture ofa kno~vn 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 Geolo~' Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? ix') Landslides? b) Result in substantial soil erosion or the loss oftopsoil? 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 de£med 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 ahemative waste water disposal systems where sewers are not available for the disposal of waste water? VI I.HAZ,~RDS 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 &hazardous materials into the environment? c) Emit ha?ardous emissions or handle hazardous or acutely hazardous materials, substances, or waste a4thin one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and. as a result, would it create a significant hazard to the public or the environment? e} For a project located x~4thin an airport land use plan or, where such a plan has not been adopted, ~x4thin two miles of a public airport or public use airport, would the project result in a safe~' hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip. would the projecl result in a safet.v hazard for people residing or working in the project area? Potentially Sign~cant Impact Less Than Significant With Mitigation Incorporation L~'s 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, injuD' or death involving wildland fires, including where ~41dlands are adjacent to urbanized areas or where residences are intermixed with wildlands.? XqIl. HYDROLOGY AN'D WATER QUALITY: - Would the project: a) Violate any water quali~' standar& or waste discharge requirements'? b) Substantially deplete ~oundwater 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 fiver, 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 runoffin a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacit3' of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade dater 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 IO0-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: Less Than Significant Potentially With Significant Mitigation Impact Incorporation Less Than Signoqcam Impact No Impact a) Physically divide an established community? [] [] ~ [] b) Conflict with an)' 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 envh'onmental effect? c) Conflict with any applicable habitat conservation plan or natural community, conservation plan? X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recoveD' site delineated on a local general plan, specific plan or other land use plan? X1. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies') b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary, or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located witkin an airport land use plan or, where such a plan has not been adopted, within two miles of a public airpor~ or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f). For a project x~'ithin the vicinity ora 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 gro~xh in an area, either directly (for example, by proposing new homes and businesses) or indirectly (tbr example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Potentially Sign!ffcant Impact Le.~s 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 construction of which could cause significam em4ronmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public sen'ices: Fire protection'? Police protection? Schools? ParKs? Other public facilities'? XIV. RECREATION- a) Would the project increase the use ofexisting 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 lhe construction or expansion of recreational facilities which might have an adverse physical effect on the em4ronment? 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 courtD' 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 hazar& due ~o a desi~ 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 capacit3.'? Potentially Significant Impact [] [] [] L~'s 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 envixonmental 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 sen'ed by' a landfill with sufficient permiued 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 degrade the quality of the environment, substantially reduce the habitat of a fish or afldlife species, cause a fish or ~41dlife population to drop below self-sustaining levels, threaten lo eliminate a plant or animal commumty, 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 kislory or prehistory? b~ Does the project have impacts that are individualh' limited, but cumulauvely' considerable? ("Cumulatively considerable" means that the incremental eftkcts of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects &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 SignO~cant PP~th Mitigation Incorporation Less Than Sign~t~cant Impact No Impact [] [] [] [] ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS HERITAGE PLACE AT TUSTIN DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BACKGROUND The project involves the construction of a 54-unit affordable senior citizen housing project located at 1101 Sycamore Avenue. The City Council approved the entitlements and environmental document for the project on May 14, 2001. The project also includes the execution of a Disposition and Development Agreement (DDA) by and between the City of Tustin, Tustin Community Redevelopment Agency (Agency), and Tustin Heritage Place, LP. (Developer). The DDA will authorize the Agency to enter into two loans in an aggregate amount not to exceed $600,000 to assist in the development of the project. The Agency loans will be secured by loan agreements, promissory notes, and deeds of trust along with a Regulatory Agreement and Declaration of Restrictive Covenants to be recorded against the property for a period of not less than 55 years (loan documents). This environmental evaluation is focused on the execution of the DDA and necessary loan documents for the project. 1. AESTHETICS Items a throuqh d - "No Impact": The execution of a DDA and necessary loan documents for the project to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA will not have any effects on aesthetics in the area including scenic vistas or scenic resources, including, but not limited to, trees, rocks outcropping, and historic buildings within a state scenic highway. The execution of a DDA and loans will not degrade the existing visual character or quality of the plan area or its surroundings. Sources: Tustin Zoning Code Tustin General Plan Miti,qation/Monitorinq Required: None Required 2. AGRICULTURAL RESOURCES Items a throuqh c -"No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use or a Williamson Act contract. The execution of a DDA will not result in conversion of farmland to a non-agricultural use. Heritage Place DDA Initial Study - A t~achment ,4 Page 2 of 7 Sources: Tustin General Plan Mitigation/Monitorinq Required: None Required AIR QUALITY Items a throuqh e -"No Impact. The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not conflict with or obstruct implementation of any applicable air plan, violate any air quality standard, result in a cumulatively considerable increase of any criteria pollutant as applicable by federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations or create objectionable odor affecting a substantial number of people. Sources: South Coast Air Quality Management Distdct Rules and Regulations Tustin General Plan Mitigation/Monitofinq Required: None Required o BIOLOGICAL RESOURC£S Items a throuqh f- "No impact'S: The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not have any effects to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies, or regulations by the Califomia Department of Fish and Game or U.S. Fish and Wildlife Service would occur as a result of the execution of the DDA. Sources: Tustin General Plan Field Inspection Mitigation/Monitofinq Required: None Required Heritage Place DD,4 ]nitial Study - Attachment A Page 3 of 7 CULTURAL RESOURCES Items a throuqh d - "No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not adversely affect any historical resources or archaeological resources or destroy or disturb a unique paleontological resource, human remains, or unique geologic feature. Sources: Cultural Resources Distdct Tustin Zoning Code General Plan Mitigation/Monitoring Required: None Required GEOLOGY AND SOILS Items a (I), a (ii), a (iii), a (iv), b, c, d and e - "No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not expose people to potential adverse geologic impacts, including the risk of loss, injury, or death involving the rupture of a known earthquake fault, strong seismic ground shaking, landslides, soil erosion, or loss of top soil, nor is the project located on unstable or expansive soil. Sources: Tustin General Plan Miti.qation/Monitodnq Required: None Required HAZARD AND HAZARDOUS MATERIALS Items a throuqh h -"No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, wildland fires, etc.), nor is the project area located within an airport land use plan or vicinity of a private airstrip. Sources: Project Plans Tustin General Plan Mitigation/Monitorinq Required: None Required Heritage Place DDA Initial Study - Attachment Page 4 of 7 10. HYDROLOGY AND WATER QUALITY Items a throuqh i-"No Impact': The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not violate any water quality standards or waste water discharge requirements, deplete groundwater supplies or interfere substantially with groundwater recharge, alter the existing drainage pattern, create of contribute runoff water, degrade water quality, place housing within a 100-year flood hazard area, expose people or structures to a significant risk of loss, injury or death involving levee or dam, and be inundated by seiche, tsunami, or mudflow. Sources: Tustin General Plan Miti,qation/Monitodng Required: None Required LAND USE AND PLANNING Items a throuqh c -"No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans is consistent with the intent of the City's General Plan to provide an adequate supply of housing to meet the City's need for a variety of housing types to meet the diverse socio-economic needs (Housing Element Goal 1). The execution of a DDA will not physically divide an established community or conflict with any applicable habitat conservation plan. Sources: Tustin General Plan Tustin Zoning Code Project Plan Mitiqation/Monitofin,q Required: None Required MINERAL RESOURCES Items a and b -"No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not result in loss of a known mineral resource or availability of a locally important mineral resource recovery site delineated on the general plan or other applicable land use maps. Heritage Place DD.4 Initial Study - `4t~achrnent ,4 Page 5 of 7 11. 12. 13. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required NOISE Items a throuqh f- "No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not expose persons to noise levels in excess of standards established in the general plan, noise ordinance, or excessive ground vibrations, nor will it create a permanent increase in the existing ambient noise levels. Sources: Tustin City Code Tustin General Plan Mitigation/Monitodnq Required: None Required POPULATION AND HOUSING Items a, b, and c- "No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not increase population. Sources: Tustin General Plan Mitigation/Monitodnq Required: None Required PUBLIC SERVICES Item a -" No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not create demand for alteration or addition of government facilities or services (fire and police protection, schools, parks, etc.). Sources: Tustin General Plan Mitigation/Monitoring Required: None Required Heritage Place DD.4 Initial Study - Attachment Page 6 of 7 14. RECREATION Items a and b - "No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not increase demand for neighborhood parks or recreational facilities. Sources: Tustin General Plan Miti,qation/Monitofinq Required: None Required 15. TRANSPORTATION/TRAFFIC Items a throuqh 91 - "No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not have any effects on the traffic generation and circulation patterns within the project area. The execution of the DDA and loans will not result in changes to air traffic patterns, emergency access, level of service standards, or conflict with adopted policies, plans or programs supporting alternative transportation. Sources: Tustin General Plan ' Miti,qation/Monitorin,q Required: None Required 16. UTILTIES AND SERVICE SYSTEMS Items a throuqh .q - "No Impact": The execution of a DDA and necessary loan documents to assist in the development of a fifty-four (54) unit senior affordable housing project would not involve physical improvements. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and loans will not have any impacts to water treatment, water supply, wastewater treatment, or solid waste disposal. Sources: Tustin General Plan Miti,qation/Monitodng Required: None Required Heritage Place DDA lnitia] Stud), - ~ ttacttrnent /1 Page ? of 7 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a through c - "No Impact": The purpose of the DDA is to authorize the issuance of two Agency loans in an aggregate amount not to exceed $600,000 to assist in the development of the project. The Agency loans will be secured by loan agreements, promissory notes, and deeds of trust along with a Regulatory Agreement and Declaration of Restrictive Covenants to be recorded against the property for a period of not less than 55 years. This environmental evaluation is focused on the execution of the DDA and loan documents for the project. There would be no physical improvement or changes in the environment as a result of the execution of a DDA and loan documents for the construction financing of a 54 unit senior affordable housing. A Final Negative Declaration for construction of the project was adopted by the City Council on May 14, 2001. The execution of a DDA and necessary loan documents for the construction financing of a 54 unit senior affordable housing project does not have the potential to degrade the quality of the environment, achieve short-term environmental goals to the disadvantage of long-term goals, nor produce significant negative indirect or direct effects on humans. S:;CdcrJUSTINA,current planningtEnvironrnent~Herttage Place DDA - ND Evaluation.doc FOR SENIOR CITIZEN RESIDENTIAL PROJECT DISPOSITION AND DEVELOPMENT AGREEMENT- SE TUSTIN COMMUNITY REDEVELOPMENT AGENCY REPORT NO. 1