HomeMy WebLinkAboutCC RES 02-15RESOLUTION 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:
1.
The City Council finds and determines as follows:
A.
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;
C.
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
D.
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.
JE-2F'I~R~' 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, California, does hereby certify that the whole number of the members of the
City Council of the City of Tustin is five; that the above and foregoing Resolution
No. 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: Thomas,
None
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED: ,~one
COUNCILMEMBER ABSENT: None
Worley,
Bone, Doyle, Kawashima
PAMELA STOKER
City Clerk
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tustin, CA 92780
(714~ 573-3]00
NEGATIVE DECLARATION
Project Title: Heritage Place at Tustin Disposition and Developer Agreement (DDA)
Project Location: 1101 Sycamore Avenue, Tustin, California
Project Description: The execution of a Disposition and Development Agreement (DDA) by and between the Ci~' of
Tusiin, 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 ora
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 Resu-icdve Covenants to be recorded
against the property for a period of not less than 55 years.
Project Proponent: .Mnerican Senior Living, 1740 E..Garry, Suite 105, Santa Ana, 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 uventy (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.
Date 01-31-02
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Wa),. Tustin, CA 92780
(714) 573-3100
INITIAL STUDY
BACKGROUND
Project Title:
Heritage Place at Tusrin Disposition and Developer Agreement (DDA)
Lead Agency:
City of Tustin Redevelopment Agency
300 Centennial Way
Tusfin. 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 Ana, CA 92705
General Plan Desigmation: High Density Residential
Zoning Designation:
Multiple Family Residential District eR-3)
Project Description:
Redevelopment Agency approval for execution of a Disposition and
Development Agreement 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.
promissow notes, and deeds of trust along with a Regulatow Agreement and
Declaration of Restrictive Covenants to be recorded against fl',e property ibr a
period of not less than 55 years.
Surrounding Uses:
North: Hosmta]
South: Offices and Muti-Family Residential
East: Multi-family Residential
West: Hospital Parking Lot
Other public agencies whose approval is required:
Orange County Fire Authority
Orange Count.'3.' Health Care Agency
South Coast Air Quality Managemem
District
Other
..--n City of lrvine
~ .
[] City of Santa Ana
[] Orange Counry
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 Housing
[--[Geological Problems
[-]Water
[--]Air Qualit-y
[-]Transportation& Circulation
[-]Biological Resources
[-]Ener~' and Mineral Resources
i-]Hazards
[--]Noise
[--]Public Services
[--]Utilities and Sen, ice
Systems
I']A'esthetics
[--]Cultural Resources
~Recreation
~]Mandator3.' Findings of
Significance
C. DETERMINATION:
On the basis of this initial evaluation:
1 find that the proposed project COULD NOT have a sigmificant 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 DECLAIL~.TION 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 auached
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 sig'nificant 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 E1R. 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 \VILL
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 pursuan: to that earlier NEGATI\.'E DECLAILa, TION. including revisions or
mitigation measures that are imposed upon the proposed project.
Justiha~ g:illkom, Associate Planner
Title Assocjate Plalaner
Date 01-31-02
1)
2)
3)
4)
5)
6)
7)
9)
D. EVALUATION OF ENWIRONWIENTAL 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 projecl will not expose
sensinve receptors to pollutants, based on a project-specific screening analysis).
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 ma)' occur, the checklist answers must
indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant.
"Potentially Significant Impacl" is appropriate if there is substantial evidence that an effect may be significant. If
there are one or more "Potentially Si~tmificant 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 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).
a).
Earlier analvses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief
discussion should identify the following:
Earlier Analysis Used. Identify and state where they are available for review.
b)
Impacts Adequately Addressed. Identig, which effects from the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether
such effects were addressed by mitigation measures based on the earlier analysis.
c)
Mitigation Measures. For effects that are "Less than Sig'nificant with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
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
contacled 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 ouestions from this checkhst tha: are relevant to a pro. iect's environmenta', effects in
whatever format ts selected.
The explanation of each issue should identi~':
a) the significance criteria or threshold, if any. used to evaluate each question: and.
b) the mitigation measure identified, if an3'. to reduce the impact to less than sig, nificance.
EVALUATION OF ENWIRONMENTAL IMPACTS
!. AESTHETICS- Would the project:
a) Have a substantial adverse effect on a scenic vista?
b.) Substantially damage scenic resources, including, but not
limited to, urees, rock outcroppings, and historic buildings
within a state scenic highway?
c) Substantially' degrade the existing visual character or
quality of*he site and its surroundings?
d) Create a new source of substantial light or glare which
would adversely affect da)' or nighttime views in the area?
11. AGRICULTURE RESOURCES: In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept. of
Conservation as an optional model to use in assessing impacts
on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps
prepared pursuant lo the Farmland Mapping and Monitoring
Pro,am of the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Wilhamson 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?
III. AIR QUALI'FY: 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 thc applicable
air quality plan?
b) Violate any air quality standard or contribute substantially
to an exisung or projected air quality violation?
c) Result in a cumulatively considerable net increase of an)'
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?
Less Than
Significant
Potentialb: With
Significant Mitigation
Impact Incorporation
Less Than
Sign(/~cant
Impact
No Impact
IX'. 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 offish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat
or olher 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 mi~atow fish or wildlife species or with
estabiished native resident or migrator wildlife corridors, or
impede the use of native wildlife nurser)' si~es?
e) Conflict wtth any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
0 Confltct with the provisions of an adopted Habitat
Conservation Plan, .Natural Community Conservation Plan, or
other approved local, regional, or state habitat conservation
plan?
V. CULTURAL RESOURCES: - Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource as defined in § 15064.5'!
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to 15064.5':
c) Directly or indirectly &stroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb anv human remains, including those interred
outside of ibrmal cemeteries?
Vi. GEOLOGY AND SOILS: - Would the project:
a) Expose people or structures to potential substantial
adverse effects, includmg the risk of loss. injury, or death
involving:
Potentially
Significant
Impact
Less Than
Significant
With Less Than
Mitigation S~m~ficant
Incorporation Imr~act
A'o Impact
i) Rupture of a knoa~ 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 ofa kaown 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) R. esuh 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 ofadequateiy supporting the use of
septic tanks or alternative waste waz,,'w 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 invoh'ing the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a
public airport or public use airport, would the project result in
a safety hazard tbr people residing or working m the project
area?
f) For a project within the vicinity or a private airstrip,
would the project result in a safey hazard for people residing.
or working m the project area?
Potentially
Significant
Imoact
Less Than
Significant
l~th
Mitigation
Incorporation
Less Than
Significant
lmpact
A'o lmr~ac:
g) impair impiemen;ation of or physically interfere with an
adopted emergency response plan or emergency evacuation
plan?
h) Expose peopie or structures to a significant risk of loss.
injury or death revolving wildland fires, including where
Mldlands are adjacent to urbanized areas or where residences
are intermixed with wildlands?
VIII. HYDROLOGY AND WATER QUALITY: - Would
the project:
a'} Violate an)' 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 deficil in aquifer volume or a lowering of the local
groundwater table level (e.g., lhe 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 wanted)?
c) Substantially alter the existing drainage pancm of the sitc
or area, including fnrough the alteration of the course o fa
stream or river, in a manner which would result in substantial
erosion or siltation on or off-site?
d) Substantially alter the existing drainage pauem 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 mnoffin a manner which would result m flooding on-
or off-site?
e) Create or contribute runoff water wkich would exceed the
capacity of existing or piarmed 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
Irk~urance Rme Map or other flood hazard delineation map?
h) Place within a 100-year flood hav, ard area structures
which would impede or redirect flood flows?
i'~ Expose people or structures to a significant risk of loss.
injury or death involving lioodmg as a resuh o£ the failure of
levee or dam?
j) lnundationby seiche, tsunami, or mudflow?
IX. LAND USE AND PLANNING - Would the project:
Potcmtiall3,
5igno~cant
Impact
Less Than
Significant
With
Mitigation
Incorporation
Less Than
Significant
lmpact
No tnmac,.
a) Physically divide an established communny?
b) Conflict with any applicable land use plan. policy, or
regulation of an agency with jurisdiction over the project
(mchding, 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 habital 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 or 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 ofpersons 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 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?
l) For a prqieci within the vicinity ora private airstrip.
would the projec: expose people residing or working in the
prqiect area to excess noise levels?
XI I. POPULATION AND HOUSING - Would the project:
a) Induce substantial populauon 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':
Significant
Potentially 14'~th
Signicant Mitigation
Impact Incorporation
Less Than
Significant
lrnpact
No lin?act
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
Xlll. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered govemmental facilities, need for new or physically
altered govemmenta] facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection?
Police protection'?
Schools'.'
Parks?
Other public facilities'.)
XIV. RECREATION-
a) Would the project ~ncrease 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 fhcilities 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 file 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 paterns, 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 xntersections) or incompatible uses
(e.g., farm equipment)?
e) Result in inadequate emergency access'.)
Result in inadequate parking capacity?
Potentiall)
Sign!ficant
Impact
Less Than
Significant
With
Mitigation
hico~, oration
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 SERV'ICE SYSTEMS-
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the consmacrion 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
du-ainage facilities or expansion of existing facilities, the
construction of which could cause sigvdficant em, ironmental
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 permiued capacity
lo 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 em'ironment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b Does the project have inmacts thru are individually
limited, but cumulatively considerable? ("Cumulativejy
considerable" means that the mcrememal effects of a prqiect
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 effect on human beings, either
directly or indirectly?
Potential!y
Significant
Impact
Less Than
Sign{lqcant
With
Mitigation
Incorporation
Less Than
Significant
Impact
A'o ]nlr~act
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
Mitigation/Monitorinq Required: None Required
2. AGRICULTURAL RESOURCES
Items a through 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 - Artachment A
Page 2 of 7
Sources: Tustin General Plan
Mitigation/Monitorinq Required: None Required
AIR QUALITY
Items a through e -"No Impact. The execution of a DDA and neces.sary 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 cdteda 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 District Rules and
Regulations
Tustin General Plan
Mitigation/Monitoring Required: None Required
BIOLOGICAL RESOURCES
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 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 California 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/Monitorinq Required: None Required
Heritage Place DDA
lnigal Study - Attachment A
Page 3 of 7
CULTURAL RESOURCES
Items a through - "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 District
Tustin Zoning Code
General Plan
Mitigation/Monitoring Reauired: 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
Mitiaation/Monitorinq 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 pdvate airstrip.
Sources:
Project Plans
Tustin General Plan
Mitiaation/Monitorinq Required: None Required
Heritage Place DD.4
Initial Stud)' - Attachment
Page 4 of 7
8.
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 mudfiow.
Sources: Tustin General Plan
Mitigation/Monitorinq Required: None Required
9.
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
Mitiigation/Monitodnq Required: None Required
10.
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 DDA
Initial Study - A ttachmen: A
Page 5 of 7
.
Sources: Tustin General Plan
Mitigation/Monitorinq Reouired: None Required
11.
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
Mitiigation/Monitoring Required: None Required
12.
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/Monitoring Required: None Required
13.
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 Reauired: None Required
Heritage Place DD.~
Initial Study' - ~ttachrnent ~1
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
Mitiaation/Monitorinq Required: None Required
15. TRANSPORTATION/TRAFFIC
Items a through g - "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 '
Mitigation/Monitorinq Reauired: None Required
16. UTILTIES AND SERVICE SYSTEMS
Items a throuqh g - "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
Mitgation/Monitorinq Required: None Required
Heritage Place DDA
Initial Study -Attachment A
Page 7 of 7
17.
MANDATORY FINDINGS OF SIGNIFICANCE
Items a throuqh 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'\Cdd JUSTINA',current olanmr~j:~=nvi'onmentai~Herltage P~ace DDA - ND Evaluation.doc