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HomeMy WebLinkAboutRDA 02 REDEV PROPERTY 09-08-98 9-8-98 DATE: I n t e r- C o SEPTEMBER 8, 1998 TO: FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT AGENCY STAFF APPROVAL OF DISPOSITION AND DEVELOPMENT AGREEMENTS FOR THE REDEVELOPMENT OF PROPERTY LOCATED IN THE VICINITY OF SIXTH STREET AND EL CAMINO REAL SUMMARY: Agency approval is requested for two Disposition and Development Agreements (DDAs) for two adjacent sites to be redeveloped in the Town Center Project Area. RECOMMENDATION Staff recommends the Redevelopment Agency take the following actions: 1. Adopt Resolutions No. RDA 98-6 and No. RDA 98-7 certifying the Negative Declarations as adequate for both proposed DDAs. . b, Subject to non-substantive modifications approved by the Executive Director and Agency Counsel, authorize the Executive Director to execute: a. The DDA among the Tustin Community Redevelopment Agency and Warmington Old Town Associates, L.P. for a new 38-unit single family residential development project on the site located at 120 - 250 Sixth Street; and The DDA between the Tustin Community Redevelopment Agency, Ford Family Trust ("Owner"), DeBeikes Investment Company ("Developer") and Warmin~on Homes California ("Contractor") for rehabilitation of the commercial properties located at 715 - 765 E1 Camino Real. o Appropriate $1,665,500 out of the Housing Set-Aside Fund for the Town Center Redevelopment Project for the development of affordable housing units and $165,000 out of the Town Center Redevelopment Project tax increment funds for the rehabilitation of the commercial properties. FISCAL IMPACT Agency Assistance for the residential project is estimated not to exceed $1,665,500. The Agency will be responsible for additional tenant relocation costs in the amount of $652,690, which is included in the 1998 - 1999 Redevelopment Agency budget. Agency Assistance for the commercial rehabilitation project is estimated not to exceed $165,000 from Town Center Redevelopment Project tax increment funds. BACKGROUND AND DISCUSSION On December 23, 1997 the Agency authorized exclusive negotiations with DeBeikes Investment Company for the redevelopment of the property commonly referred to as the Tustin Meadows Apartments, a 56-unit apartment complex at 120- 250 Sixth Street and commercial property at 715 - 765 E1 Camino Real. DeBeikes Investment Company has negotiated with Warmington Homes California with the creation of Warmington Old Town Associates, L.P. to acquire the Tustin Meadows Apartments, demolish the existing improvements and construct a small lot, single family project. The Ford Family Trust will retain the commercial properties along E1 Camino Real which will be rehabilitated by DeBeikes' Investment Company to ensure compatibility with the proposed single family development. Accordingly, two Disposition and Development Agreements are attached for the Agency's consideration with each separate agreement more fully described below. Single-Family Residential Project Warmington Old Town Associates, L.P., a California Limited Partnership comprised of Warmington Homes California as the General Parmer and Pacific Auto Wash Partners, L.P. (DeBeikes), Lexington Investment Company and Oxford Investment Company as Limited Partner, proposes the construction of thirty-eight (38) small lot, detached single family homes for sale to owner occupants. The concept plan for the single-family home development calls for three two-story floor plans with six architecturally distinctive elevations that are reflective of the architectural styles in Old Town Tustin. The plan encourages pedestrian activities by placing the front entryways with patios and porches visible to the private street and landscaped front yards. The project will require Warmington Homes to secure all required land use entitlements from the Tustin Planning Commission and City Council within the times established in the DDA. 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. Ex(:ept 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~ demolition of existing improvements, 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: (1) to acquire the site; (2) to demolish certain existing improvements on the site that are deemed to be a blighting influence in the Project Area; (3) to provide for the development of a 38-unit single family, owner occupied residential project; and (4) to record covenants requiring the maintenance of affordability until November 22, 2016 of eight (8) such owner occupied units at a price not to exceed the affordable housing cost for moderate-income persons and families. The total Agency assistance to the Developer will be an amount not to exceed $1,665,500 with an amount of $778,800 to be disbursed for the Developer's purchase of the site, $493,000 to be disbursed for land development and $393,700 to be disbursed for unit construction and marketing. The total amount of Agency assistance may be reduced by the Developer's project cost-savings or higher profits from the sale of the single family homes as 'summarized below: If there are cost savings from adjustments to school fees and water hook-up fees to be paid by the Developer, then the Agency's Land Development Assistance will be reduced by an amount equal to the savings; If Project Costs are less than the sources of funding described in the DDA and the subtotal 'amounts set forth in the Project Budget, then fifty percent (50%) of the difference will be paid by the Developer to the Agency; and If the sum of the Developer's profit from the Project exceeds $852,000, then fifty percent (50%) of the difference will be paid by the Developer to the Agency. The DDA requires a certified audit of all Project Costs prior to the is.suance of a Certificate of Compliance by the Agency to ensure that any cost .savings or additional profits are identified prior to releasing the Developer from its obligations under the DDA. The Agency assistance will be in the form of a loan evidenced by a Promissory Note in the amount of $1,665,500 and secured by a Deed of Trust to be recorded as a lien against the site. The deed will be subordinate to any other permitted mortgage appr.o.ved by the Agency for the acquisition of the site and the construction of the site improvements prior to the issuance by the 'Agency of a Certificate of Compliance. Prior to January 1,2001 and subject to the Developer's satisfactory completion of the site improvements as required by the DDA and the Agency's issuance of a Certificate of comPliance, the total amount of the loan, less any Agency assistance reductions or.repayments as identified above, may be forgiven by the Agency. The Agency in addition will be obligated to provide all eligible displaced residential occupants at the Tustin Meadows Apartments financial payments pursuant to State relocation requirements and the Relocation Plan approved by the Agency on June 15, 1998. The projected amount for this relocation assistance is estimated at $652,690. Commercial Rehabilitation Project DeBeikes Investment Company as Developer and Warmington Homes California as Contractor for the Ford Family Trust and signatures to the DDA between the Agency and the Ford Family Trust proposes to construct certain rehabilitation improvements to the retail buildings located at 715 - 765 E1 Camino Real. Concept plans for the commercial rehabilitation work includes design upgrades to the building elevations to create a distinctive architectural quality and character, both individually and in the context of Old Town Tustin, resurfacing and improvements to the parking lot and installation of site landscaping. The Owner and/or Developer is required to secure all land use entitlement approvals from the Tustin Planning Commission and City Council as applicable, concurrent with the approvals for the residential project and within the time limits established in the DDA. 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. The total rehabilitation budget is $227,319 with total Agency assistance to be in an amount up to $165,000. The Owner's obligation for the improvements will be an amount up to $50,435 with an additional amount not less than $12,000 to be paid from the land develOpment budget provided in the Residential DDA between the Agency and Warmington Old Town Associates, L.P. If actual construction bids indicate a potential cost overran on an individual rehabilitation budget line item, subject to the review of at least two additional subcontractor bids, the Agency and the Owner will use their best efforts and good faith to identify either a suitable alternative improvement to hold to the original budget or agree to a cost sharing between the parties for such cost overrun. Agency financial assistance will be provided as progress payments to reimburse the Owner for the construction of the Rehabilitation Improvements. The Agency assistance for the commercial rehabilitation will be in the form of a loan evidenced by a separate Promissory Note and secured by a Deed of Trust to be recorded as a lien against the commercial property when subdivided per the DDA. The terms of the commercial rehabilitation loan provide for the forgiveness of the principal and interest amounts by the Agency within 10 years after the Agency's issuance of a Certificate of Compliance. REDEVELOPMENT AGENCY AND CITY REVENUES The proposed projects' development costs and the anticipated sales prices for the single-family residential units are estimated to generate approximately $8.8 million in property tax valuation upon completion of the project. This will represent an approximate annual net increase in tax increment of $88,000 to the Town Center Redevelopment Project Area. The commercial rehabilitation project can be expected to enhance the viability of the retail sales at the existing property, which is currently generating approximately $7,500 in sales tax revenue to the City. The commercial rehabilitation project will also generate an approximate $2,150 annual net increase in tax increment in the Town Center Redevelopment Project Area. CEQA CERTIFICATION OF NEGATIVE DECLARATIONS Staff has completed an environmental assessment of each DDA in compliance with the California Environmental Quality Act (CEQA). Approval of each DDA will not have the potential to degrade the quality of the environment and no significant environmental effects of the projects are expected. The DDA's stipulate 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. When future applications are submitted to the City pursuant to the DDA's, additional environmental review will occur at that time. An Initial Study/Negative Declaration for each 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 July 20, 1998. FINDING OF BENEFIT The sites are located in the Town Center Project Area. On December 5, 1994 the Tustin Community Redevelopment Agency adopted a five-year Implementation Plan for the Town Center and South/Central Redevelopment Project areas for fiscal years 1995-1996 through 1999- 2000. 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 residential redevelopment project is consistent with the Implementation Plan's five-year plan for housing activities for the Town Center Project Area. Anticipated accomplishments and expenditures for the five-year period included the development of 120 owner occupied dwelling units in the Town Center Project Area. The project will remove a blighting influence in the Project Area by demolishing an existing apartment project that is characterized by substantial deferred maintenance and a high incidence of crime and developing a 38-unit home ownership project that would allow for the expenditure of housing set-aside funds. The project will contain certain affordability restrictions for eight (8) units and will allow for the utilization of the Mortgage Credit Certificate (MCC) Program and the First-Time Homebuyer programs adopted in the Implementation Plan. It is anticipated that the project will not reduce the number of affordable housing units in the Project Area, while it will increase the number of ownership units. The proposed commercial rehabilitation project is consistent with the Implementation Plan's five-year plan for redevelopment activities for the Town Center Project Area. The Agency's assistanCe will rehabilitate the existing substandard and deteriorating structures to improve building conditions, increase functionality and desirability, and to integrate design characteristics with the aim of creating a cohesive commercial district in the Project Area. The project will remove a blighting influence in the Project Area due to deterioration, age and obsolescence, and stimulate expansion and retention of existing and new business in the Project Area. Christine A. S~ Assistant City Manager Attachments J'a~nes KASraughon ~' Senior Redevelopment Pi'oject Manager RESOLUTION NO. RDA 98-6 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE NEGATIVE DECLAIEATION FOR THE DDA BETWEEN THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY, THE FORD FAMILY TRUST AND DEBEIKES INVESTMENT COMPANY FOR THE PROPERTY LOCATED AT 715 - 765 EL CAMINO REAL. The Tustin Community Redevelopment Agency ("Agency") does hereby resolve as fbllows: I. The Agency finds and determines as follows: A. That the Disposition and Development Agreement between the Agency. and the Ford Family Trust and DeBeikes Investment Company is considered a "project" pursuant to the terms of the California Environmental Quality Act; and B. A Negative Declaration has been prepared for this project and has been distributed for public review. Co Whereas,' the Agency has considered evidence presented by the Redevelopment Agency staff and other interested parties with respect to the subject Negative Declaration. De The Agency has evaluated the proposed Negative Declaration and determined that the project will not have a significant effect on the environment and that when applications for land use entitlements, are submitted, further environmental review will occur and the project shall be conditioned as necessary so that no significant effects on the physical environment will occur. II. A Negative Declaration has been completed in compliance with CEQA and state guidelines. The Agency has received and considered the information contained in the Negative Declaration prior to approving the project, and found that it adequately discussed the environmental effects of the proposed project. Further, the Agency finds the project involves not potential for any adverse effect, either individually or cumulatively, on wildlife resources; and therefore, makes a De Minimus Impact Finding related to Fish and Game Code Section 711.4. PASSED AND ADOPTED .at a regular meeting of the Redevelopment Agency, held on the 8th day of September, 1998. Tustin Community THOMAS R. SALTARELLI, CHAIRPERSON ATTEST: PAMELA STOKER RECORDING SECRETARY RESOLUTION NO. RDA 98-7 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE NEGATIVE DECLARATION DDA BETWEEN THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND WARMINGTON OLD TOWN ASSOCIATES, L.P. FOR THE PROPERTY LOCATED AT 120- 250 SIXTH STREET. The Tustin Community Redevelopment Agency ("Agency") does hereby resolve as follows: I. The Agency finds and determines as follows: A. That the Disposition and Development Agreement between the Agency and Warmington Old Town Associates, L.P. is considered a "project" pursuant to the terms of the Califomia Environmental Quality Act; and B. A Negative Declaration has been prepared for this project and has been distributed for public review. Ce Whereas, the Agency has considered evidence presented by the Redevelopment Agency staff and other interested parties with respect to the subject Negative Declaration. D, The Agency has evaluated the proposed Negative Declaration and has determined that the project will not have a significant effect on the environment and that when applications for land use entitlements are submitted, further environmental review will occur and the project shall be conditioned as necessary so that no significant effects on the.physical environment will occur. II. A Negative Declaration has been completed in compliance with CEQA and state guidelines. The Agency has received and considered the information contained in the Negative Declaration prior to approving the project, and found that it adequately discussed the environmental effects of the proposed project. Further, the Agency finds the project involves not potential for 'any adverse effect, either individually or cumulatively, on wildlife resources; and therefore, makes a De Minimus Impact Finding related to Fish and Game Code Section 711.4. PASSED AND ADOPTED at a regular meeting of tl~e Redevelopment Agency, held on the 8th day of September, 1998. Tustin Community THOMAS R. SALTARELLI, CHAIRPERSON ATTEST: PAMELA STOKER RECORDING SECRETARY COMMUNITY REDEVELOPMENT AGENCY 300 Centennial Way, Tustin, CA 92780 (714) 573-3117 · NEGATIVE DECLARATION Project Title: Project Location: Project Description: ~ ~~ ~~~p/ ~6~ ~ qt14~~/~~ ~//~ Project Proponent: Lead Agency Contact Person: The City of Tustin Community Redevelopment Agency has conducted an Initial Study for the abov~ 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 Conuntmity Redevelopment Agency, 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 Assistm~t City Manager, this review period maY be extended if deemed necessary.. ¥oi, Christine A. Shing Assistant City Manager ID:kd\~brms~egde¢.doc COMMUNITY DEVELOPMENT DEPARTMENT $00 Centennial Way, Tustin, CA 92780 (714) 5 73-3105 INITIAL STUDY A. BACKGROUND Project Title: Lead Agency: 300 Centennial Way Tustin, California 92780 .'~ Lead Agency Contact Person: Project Location: /~9 "~,'~(') City o f T ustin {~/tl, ql ~/]/~)r ~~~4/~_~ #/e,q/'/~? d-~ Project Sponsor's Name and Address: Phone: 6/7/-f~ i9~-7B General Plan Designation: Zoning Designation: Project Description: South Other public agencies whose approval is required: 12 Orange County Fire Authority 12 Orange County Health Care Agency U] South Coast Air Quality Management District 12 City oflrvine City of Santa Ana Orange County EMA 12 Other .o 1 B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked belOw would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ~ Land Use and Planning 12 Hazards ~[ Population and Housing 12 ' Noise 12 Geological Problems ~ Public Services [3 Water C] Utilities and Service Systems ' ID Air Quality 12' Aesthetics 12 Transportation & Circulation 12 Cultural Resources ~ Biological Resources 12 Recreation [2 Energy and Mineral Resources [2 Mandatory Findings of Significance Ce 12 DETERMINATION: Oh the ba~;is of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheets 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 ENVIRONMENT. M. 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 anal)2ed 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 emSronment, there WILL NOT be a significant effect in this case bemuse 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 DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier' NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Signature Date D~ ENVIRONMENTAL~ ~MPACTS: Earlier analyses used: Available for review at: City of Tustin Community Development Department 1. LAND USE & PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity?' d)- Affect agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established community (including a Iow-income or minority community)? 2. POPULATION & HOUSING - }}buld the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial grm~h in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS - Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 4. WATER - Would the proposal result in: a) Changes in'absorption rates, drainage patterns, or the . rate and amount of surface runoff?. b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount'of surface water in any water body? e) Changes in currents, or the course or direction of ~vater movements? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f) Change in the quantity of ground waters, either through direct additions or xx4thdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? AIR QUALITY - Ilbuld the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objection, a, ble odors? TRANSPORTATION & CIRCULATION - tl. buld the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., rrm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? e) Ha?ards or barriers for pedestrians or bic2,.'clists? f) Conflicts vAth adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES - Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors? ESERGY & MINERAL RESOURCES - Would the proposal: a) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact HAZARDS - Would the prOPosal involve: a). A risk of accidental ex~losion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference ~th emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of people to cx. isting sources of potential health ha?ards? e) Increased fire hazard in areas with flammable brash, grass, or trees? 10. NOISE - Would the prOposal result in: Il.¸ 12. a) Increases in exis.ting noise levels? b) Exposure of peoifle to severe noise levels? PUBLIC SERVICES - IFould the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools'? d) Maintenance of public facilities, including roads? e) Other government sen~ices? UTILITIES & SERVICE SYSTEMS - llbuld the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications ~'stems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks?. e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS - WouM the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? Potentially Significant Impact '~otentially ignificant Unless Mitigation Incorporated Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14. CULTURAL RESOURCES - [?ould the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change which would affect unique ethnic cultural values? d) Restrict existing reli~ous or sacred uses within the potential impact area? 15. RECREATION - ~buld the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFIC.~NCE a) Does the project have the potential to degrade the qtiality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal communiB;, 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 the potential to achieve short-term, to the disadvantage of long-term, environmental goals? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact · o o o q E. EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. INITSTUD. PM5 3702A ATTACHMENT A - DISCUSSION OF ENVIRONMENTAL EVAL~TION DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AND WARMINGTON HOMES LIMITED PARTNERSHIP JUNE 19,1998 The proposed "project" is the Disposition and Development Agreement (DDA) by and between the City of Tustin Community Redevelopment Agency and Warmington Homes Limited 'Partnership. This Initial Study is being prepared because the proposed DDA would commit the Agency to future actions, including financial assistance to. the developer, that may result in potentially signifiCant impacts to the environment. There is no physical development proposed as part of the DDA. The ~DA stipulates that the Developer obtain certain land use and regulatory approvals from the Planning Commission and City Council as conditions precedent to receiving Agency assistance for development of the Site. The DDA requires the Developer to provide all public improvement and off-site utilities necessary and required to support the development and the Developer's compliance with all ~Conditions of Approval" stipulated by an applicable governmental agency having jurisdiction, including, but not limited to, the Agency. Planning Commission and City Council. When future applications are submitted to the City pursuant to the DDA, independent environmental review will occur at that time. Two impact categories (Land Use & Planning, and Population & Housing) are identified in the Initial Study to be "Potentially Significant Unless Mitigation Incorporated" (Items le and 2c). The impacts include the disruption of an established low-income or minority community and the displacement of affordable housing from the project site. The City has 'approved and adopted a Relocation Plan and a Replacement Housing Plan (No. RDA-98-3) providing for relocation assistance to eligible displaced households and for the..replacement of the existing affordable hous%ng units. The Relocation Plan and Replacement Housing Plan serve to mitigate the potentially significant impacts to no impact. All other impact categories are identified in the Initial Study as "No Impact" The DDA iq an of itself does not have the potential to degrade the quality of the environment. It will, in fact help to advance the. preservation of the environment by revitalizing a neighborhood characterized by substantial· deferred maintenance and a high incidence of crime. The DDA does not have the potential to achieve short-term environmental goals to the disadvantage 'of long-term environmental goals. The DDA has no environmental effects that are individually or cumulatively considerable. Any environmental effects will not cause substantial adverse effects to human beings, either directly or indirectly. Sources: Redevelopment Agency Community Development Department Proposed DDA Relocation Plan Replacement Housing Plan Tustin General Plan Tustin Water Department Tustin Public Works Department Tustin Community Services Department Tustin Historic Survey Mitiqation/Monitoring Required: Compliance with the provisions of the Relocation Plan and Replacement Housing Plan, The implementation and compliance with these plans shall be with the Redevelopment Agency. COMMUNITY REDEVELOPMENT AGENCY 300 Centennial Way, Tustin, CA 92780 ('714) 573-3117 NEGATIVE DECLARATION Project Title: Project Location: Project Description: Project Proponent: Lead Agency Contact Person: The City of Tustin Community Redevelopment Agency 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 Redevelopment Agency, 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 Assistant City Manager, this review period may be extended if deemed necessary. REVEW PERIOD ENDS 12:00 NOON ON Date:A~ 2~//~~ _~_t~~C~hristine A. · Shi__let c/ Assistant City Manager JD:kd~forms~negdec.doc . COMMUNITY' DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (7~4) ~7~-~0~ INITIAL STUDY A. BACKGROUND Project Title: 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: '~-'t"4g,,r/?6:'65 Project Location: '71~ - 7,ffa,~'- .j~/ Project Sponsor's Name and Address: · ~n~a P~ ~n~on:_ P/a/ ~a.~. ~'-'~"V~/~.-/ going Designation: -~ ~ fl South ~~ [/ We~ . ~~,~7 Other public agencies whose approval is required: ~1 Orange County Fire Authority [2] Orange County Health Care Agency [] South Coast Air Quality Management District [2] Other City oflrvine City of Santa Ana Orange County 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 Impact" as indicated by the chec 'klist in Section D below. [21 Land Use and Planning 12 12 Population and Housing 12 · 12 Geological Problems 12 O Water ~ Air Quality 12 Transportation & Circulation 12 12 Biological Resources 12 O Energy and Mineral Resources [21 Hazards Noise Public Services Utilities and Service Systems ' Aesthetics Cultural Resources Recreation Mandatory Findings of Significance C. DETERMINATION: on the basis of this initial evaluation: /~Dfind that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE ECLARATION xx511 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 bemuse the mitigation measures described on an attached sheets have been added to the project. A NEGATIVE DECLARATION will be prepared. [2] 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 I) 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 anal)~e 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 ail 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 E[R, including revisions or mitigation measures that are imposed upon the proposed project. 12 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 DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier' NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed'project. Date T~e D~ ENVIR©NMENTAL IMPACTS: Earlier analyses used: Available for review at: City of Tustin Community Development Department 1. LAND USE & PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencie,s with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity.? d) Affect agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? 2. POPULATION & HOUSING - Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing?. GEOLOGIC PROBLEMS - I~buld the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? 1) Erosiot~, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 4. WATER - Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runo~ b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of,water movements? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact [2 [2 0 0 0 0 0 0 [2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 [2 Potentially Significant Itnpact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact bro Itnpact f) Change in the quantity of ground waters, either through direct additions or vdthdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. AIR QUALITY - Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? TRANSPORTATION & CIRCULATION - lgbuldthe proposal result in: a) Increased vehicle trips or traffic congestion? b) Ha7~ards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? e) Hazards or barriers for pedestrians or bic3.'clists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bic3'cle racks)? g) Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES - Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors? ENERGY & MINERAL RESOURCES - Would the proposal: a) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful'and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region? 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F1 E] 0 0 O. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 9. HAZARDS - Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health ha7~rd? d) Exposure of people to existing sources of potential health haTards? e) Increased fire ha?ard in areas with flammable brash, grass, or trees? 10. NOISE - Would the proposal result in: 11. 12, a) Increases in e'xi.s, ting noise levels? b) Exposure of people to severe noise levels? PUBLIC SERVICES - Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other government sen'ices? UTILITIES & SERVICE SYSTEMS - IFould the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications s).'stems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS - Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ')otentially Significant Potentially Unless Less than Significant 3ditigation Significant Impact Incorporated Impact No Impact 14. CULTURAL RESOURCES - Would the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potential impact area? ' 15. RECREATION - Vebuld the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? 16. MANDATORY FLNDLNGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality. of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict .the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection v,~th the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which -,viii cause subgtantial adverse effects on human beings, either directly or indirectly? E. EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. INITSTUD. PM5 3702A ATTACHMENT A _ DISCUSSION OF ENVIRONMENTAL EVALULATION DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE ~USTIN COMMUNITY REDEVELOPMENT AGENCY AND FORD FAMILY TRUST JUNE 19,1998 The proposed "project" is the Disposition and Development Agreement (DDA) by and between the City of Tustin Community Redevelopment Agency and the Ford Family Trust. This Initial Study is being prepared because the proposed DDA' would commit the Agency to future actions, including financial assistance to the developer that may result in potentially significant, impacts to the environment. There is no physical development proposed as part of the DDA and al~ impact categories are identified in the Initial Study as "No Impact". The DDA stipulates that the Property Owner obtain certain land use and regulatory approvals from the Planning Commission and City Council as conditions precedent to receiving Agency assistance for rehabilitation of the. Site. The DDA requires the Developer's compliance with all "Conditions of Approval" stipulated by an applicable governmental agency having jurisdiction, including, but not limited to, the Agency. Planning Commission and City Council. When future applications are submitted to the City pursuant to the DDA, independent environmental review 'will occur at that time. The DDA in an of itself does not have the potential to degrade the quality of the environment. .It will, in fact help to advance the preservation of the environment by revitalizing a neighborhood characterized by substantial deferred maintenance and a high incidence of crime. The DDA does not have the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. The DDA has no environmental effects that are individually or cumulatively considerable. Any environmental effects will not cause substantial adverse effects to human beings, either directly or indirectly. Sources: Redevelopment Agency Community Development Department Proposed DDA Tustin General Plan Tustin Water Department Tustin Public Works Department Tustin Community Services Department Tustin Historic Survey Mitiqation/Monitorinq Required: NOne Required DATE: TO' FROM: SUBJECT: SEPTEMBER 8, 1998 Inter-Com WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ATTACHMENTS - APPROVAL OF DISPOSITION AND DEVELOPMENT AGREEMENTS FOR REDEVELOPMENT OF PROPERTY LOCATED IN THE VICINITY OF SIXTH STREET AND EL ~ A iil&l~"~k ...... ,,,-_- REAL The Disposition and Development Agreements related to this report will be delivered to the City Council under separate cover on ThurSday, September 3, 1998. alene Crabill Chief Deputy City Clerk AG:MEMOSPCV