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HomeMy WebLinkAboutPH 1 CUP 90-08 03-18-91bEAs �� . -a 1 DATE: TO: FROM: SUBJECT: MARCH 18, 1991 WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 90-08 APPLICANT: FERIDOUN REZAI 203 TROJAN STREET ANAHEIM, CALIFORNIA 92804 OWNER: SAME PUBLIC HEARING N0. 1 3-18-91�°" Inter - Com LOCATION: 15642 PASADENA AVENUE ZONING: R-31 MULTIPLE FAMILY RESIDENTIAL ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION HAS BEEN REVISED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: APPROVAL TO CONSTRUCT AN 11 UNIT APARTMENT PROJECT ON A PARCEL THAT IS ADJACENT TO AN R-1 (SINGLE FAMILY RESIDENTIAL) LOT AND WITHIN 150 FEET OF A SINGLE FAMILY RESIDENCE. RECOMMENDATION Pleasure of the City Council. BACKGROUND On March 13, 1989, the Planning Commission approved Conditional Use Permit 89-051 authorizing the construction of a two and one half story, 11 unit apartment project on a 20,184 square foot lot in the R-3 zoning district. A conditional use permit was required since the subject property abuts the R-1 zoned properties on its eastern ( rear) property line. Provisions of Section 9226(c) of the Tustin Municipal code state: "...when a lot in the R-3 District abuts at any point along its property lines or is directly across a street or alley from a property zoned R -A, E-4 or R-1 (developed City Council Report Conditional Use Permit 90-08 March 18, 1991 f Page 2 or undeveloped), no main building shall be erected on said R-3 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one hundred fifty (150) feet of said R -A. E-4 and R-1 zoned property, unless the Planning Agency shall grant a conditional use permit thereof." Building permits for theapartment project were issued in May, 1989. During construction (framing), staff began to receive complaints from several owners of the single family residences located immediately to the east of the subject property concerning privacy and the height of the buildings. In March, 1990, staff reviewed the mailing list used for notification of the public hearing for Conditional Use Permit 89-05 to determine why these residences were only now voicing their concerns about the project. Review of the mailing list, which was prepared by a title company, revealed that while all affected properties were shown on the 300 foot radius map, the typed mailing labels provided to the City did not include the owners of the R-1 properties adjacent to and east of the subject property. Based on several decisions of the California supreme Court, the City Attorney determined that Conditional Use Permit 89-05 was invalid due to improper notification. Consequently, the building permits for the project were revoked and construction halted. Conditional Use Permit 90-08 was later filed by the applicant, seeking re -approval of Conditional Use Permit 89-05. A new public hearing was held with the Planning Commission on April 9, 1990. In response to public testimony, the Planning Commission continued the April 9th hearing to April 30th and directed the applicant to explore design modifications to the buildings that would mitigate the concerns of the owners of the adjacent single family residences. At the April 30th hearing, the Planning Commission reviewed the applicant's proposed modifications and took additional testimony from the public. After consideration of testimony and pro osed modifications, the Planning Commission adopted Resolution No. 2762, denying Conditional Use Permit 90-08. This matter was appealed by the City Council on May 7, 1990. After two workshops attempt to work out June 4, June 18, held between the developer and residents in an a design compromise and public hearings held on and July 2, 1990 the City Council aobroved Community Development Department City Council Report Conditional Use Permit 90-08 March 18, 1991 Page 3 Conditional Use Permit No. 90-08 with adoption of Resolution No. 90-73(A) on July 2, 1990. A revision to the Design Review of the project was approved by the Tustin Community Redevelopment A enc on July 16, 1990 and revised building permits were ig y issued on August 21 1990. The City Council's action approved a significant) revised building design for the apartment project, including but not limited to reducing the building height for portions of the project. A number of owners of the single family ent to the Pasadena Avenue property objectedto properties the is uance of the Conditional Use Permit and filed a Petition for Writ of Administrative Mandamus entitled Paul Zukowsky, et al v. Tustin. City of The Superior Court' after a trial on December 13, 1990 issued a decision ordering the City to set aside Resolution No. 90-73 A and the conditional use permit granted thereunder. Review of the statement of decision indicates that the judge felt that the Cit did not have adequate evidence in the record at the City Council hearing to support the findings required by Tustin City Code Section 9291 which provides that for the issuance of a conditional use permit the City "shall determine whether or not the establishment, maintenance or operation of the use applied for Will, under the circumstances of this particular case be detrimental to the health, safety,ort' welfare of persons residing or working Dina the neighborhoodand general proposed use, or whether it would be injurious or detrimental uch to property and improvements in the neighborhood or the general welfare of the City." The judge felt that because there was "evidence" (in the form of statements by the adjacent ropert owners and others), that the project would cause "detrimental" shade/shadows on their property and that there would be "detriment" to their properties in the form of devaluation of their property values and there was no evidence in the record to counter -balance the property owners' statements, that the granting of the use permit could not be upheld. The subject property was previously developed with a one-story single family residence. Surrounding zoning and land uses consist of a 22 unit two-story apartment building on property zoned R-3 to the north and two story apartments across Pasadena Avenue on the west, a 14 unit one-story apartment building on property zoned R-2 (Duplex Residential) to the south, and single family residences on property zoned R-1 to the east (Exhibit "A"). Community Development Department City Council Report - Conditional Use Permit 90-08 March 18, 1991 j Page 4 The subject property is located in the South/Central Redevelopment Project Area. Notice of the public hearing for Tustin News and posted on the 1991. A copy of the notice property owners within 300 feet c 22, 1991. this meeting was published in the subject property on February 22, aas mailed to the applicant and f the subject property on February GENERAL PROJECT DESCRIPTIONISITE PLAN The project is substantially completed and consists of two separate, apartment buildings containing a total of eleven townhouse type units. Six units are located in Building "A" located parallel to the northern property line of the site and five (5 ) units are to be located in Building "B" located parallel to the southern property line. Seven units will be two and one half stories in height approximately 1,200 square feet in size and contain three bedrooms and 21-2 baths, with four one story units at the rear of the project of approximately 660 square feet in size and containing 1 bedroom and 1 bath each. The overall density of the project is 23.7 units per acre. Under current provisions of the R-3 District, the maximum number of units that could be authorized on the site is 11 units. Building coverage on the site will be approximately 38% instead of the 65% allowed in the R-3 District. Proposed setbacks are substantially in excess of the minimum setbacks required in the R-3 District which are as follows: 15 foot front yard, 5 foot interior side yards and 10 foot rear yard. Setbacks proposed are approximately 35 to 44 feet along the front of the property, 8 feet along the north side lot line, 15 feet 6 inches along the south side lot line and 10 to 24 feet 8 inches at the rear of the property adjacent to the R-1 zoned property. A one story apartment building could be constructed in the R-3 District within 10 feet of the R-1 property lines without a conditional use permit. A total of 25 on-site parking spaces are proposed for the project, 11 two car garages and three open covered guest spaces. Access to all parking is proposed from a 27 foot wide driveway. Entryways to each unit will be provided by concrete walkways located adjacent to the northerly and southerly property lines of the project with pedestrian access to parking below grade provided Community Development Department City Council Report Conditional Use Permit 90-08 March 18, 1991 Page 5 at three proposed stairwells (one at the front and rear of building "B" and one at a central location between unit 3 and 4 of building "A"). Privateround level open s ace g p p /patio areas are also proposed at the front of each unit adjacent to entries. Air conditioning units will be located in the corner of each enclosed patio area. Walkways and driveway areas will be accented with special brick pavers or other special pavement treatment. The proposed grading scheme for the project involved excavating approximately five (5) feet below existing grade for the central driveway and tuck under parking. The resulting driveway ramp incorporates 6% blend slopes at each end with an 11.23% slope over the remaining portion. This is within the maximum 13% slope permitted by the City. Because the garage level is only five (5) feet below grade, and an eight ( 8 ) foot ceiling is proposed for the garages, the grade at the front entrances to the units is raised as much as 3.5 feet above existing grade, which is accomplished in steps. Specifically, the grading concept proposes a two (2) foot grade difference at the side property lines, (pedestrian walkways) stepping up 18 inches to the patio and front door level. The actual finished floor level of all 11 units is six (6) inches above the patio level (see Sheet 3 of attached plans). As the sections on Sheet 3 indicate, the adjacent properties (north and south) will face a 6' 8" wall of decorative split face concrete block. The grade level in the front and rear yard setbacks will not change from existing conditions except for landscape berming and drainage, concept i.e. grade level will not be raised. This design feature helps preserve privacy between the project and the rear yards of the single family residences at the rear of the subject property. ARCHITECTURAL DESIGN The proposed architectural design for the project is a modified cape cod. design which utilizes a combination of wood lap -siding and stucco with wood trim at building corners and around doors and windows. The project incorporates a variety of insets, projections and cantilevers to achieve relief on all sides of the two buildings. The proposed color scheme includes "silver gray" stucco, "pearl gray" siding, "swiss coffee" trim and "charcoal gray" asphalt composition shingles. Surrounding color and material themes in the general vicinity of the project include white stucco with blue trim and a white gravel roof immediately to the north, white stucco with blue trim and gray asphalt composition shingle roofs immediately across Pasadena Avenue to the west, tan stucco Community Development Department I City Council Report { Conditional Use Permit 90-08 March 18, 1991 Page 6 and wood siding with brick accents and a shake roof immediately to the south and general earth tone stucco and wood siding with composition shingle, shake and gravel roofs on the single family residences to the east. Overall, the proposed color and material scheme is compatible with that of surrounding developments. Additional architectural features include: ° Six inch bay window projections above front doors. Multi -paned windows wherever windows occur. ° Lap -sided garage doors ("swiss coffee" white). ° Sliding glass doors located on patios. ° Electric and gas meters concealed below grade by the guest parking spaces or by landscaping. ° Mail box enclosures with roofing, siding and colors to match the main buildings. Chimneys at each unit (stuccoed, silver gray) DESIGN ALTERATIONS As a result of community and public hearing input, the City Council in originallyapproving Conditional Use Permit 90-08 required the following revisions to the project: 1. Removal of the second floor from the two east (rear) units of Buildings A and B (units 5, 61 10 and 11) which are the units closest to the R-1 properties. Removal of the second floor of units 5 and 6 will create a minimum 60 foot second story setback from the R-1 properties to the east. The removal of the second floor of units 10 and 11 will create a minimum 74' 8" second story setback from R-1 properties to the east. 2. Incorporation of pitched sloping roofs on the one story near portions of buildings A and B with a hip roof at the ends of the roofs. The height of said roofs is proposed to be limited to a maximum of 20 feet with a pitch not to exceed 5:12. This Community Development Department City Council Report Conditional Use Permit 90-08 March 18, 1991 i Page 7 height and design is compatible with the 20 foot high R-1 properties to the east. 3. Removal of windows on the east (rear) elevations of units 4, 6, 9 and 11 so that no windows face the R-1 properties to the east. Specially designed window screens will be required on sensitive bedroom windows on the first floor of units 5, 61 10 and 11 and thesecond floor windows of units 3. 4 and 9 to prevent the views to the east (rear) and further assure privacy of the R-1 properties. 4. Relocation of trash enclosure from the east (rear) portion of the property in closer proximity to the front of the project. 5. Removal of the spa/jacuzzi originally proposed in the southeast corner of the site. 6. Required planting of closely spaced 24" box evergreen trees along portions of the north and south sides and east (rear) property lines of the subject site; and at least one major specimen size tree in the southeast corner of the site. 7. An increase in the height of the wall along the east (rear) property line from 6' 8" to 8 feet. DISCUSSION Pursuant to Section 9291 of the Tustin City Code, the following is a discussion of the required findings necessary for granting of a conditional use permit and discussion in support of each finding. The establishment, maintenance or operation of the use applied for will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of the subject use and the use will not be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. 1. The design of the project is compatible with adjacent single family residences and will result in a minimal impact on the privacy of adjacent single family residents and will not negatively impact the use of their rear backyards based on the following facts: Community Development Department City Council Report Conditional Use Permit 90-08 March 18, 1991 Page 8 a. To reduce the scale of the project and potential privacy impacts, the project has been redesigned as two stories in height over depressed subterranean parking, excepting the east (rear) of the structure where four units are typically one-story in height. The rear units on Buildings A and B (units 51 61 10 and 11) have been reduced in height to one story and will not exceed 20 feet in maximum height. The maximum height and pitched roof design are compatible with the adjacent single family homes that are approximately 20 feet high. Removal of second floors on the above units will create a 60 foot second story setback on Building A from R-1 properties to the east and a 74 foot 8 inch second story setback from R-1 properties to the east. b. Residents of the project will not have a direct line of sight from their units onto adjacent R-1 properties to the east since obscure glass will be incorporated on certain bathroom windows and no windows will be permitted on the east (rear) elevations of Units 4, 6, 9 and 11 adjacent to R-1 properties. In addition, specially designed window screens will be required on certain bedroom windows, specifically, first floor windows in units 5, 61 10 and 11 and second floor windows of Units 31 4 and 9 with bathroom windows on the same units again treated with obscure glass. That will prevent views to the east (rear) toward the R-1 properties. C. Proposed side and rear yard setbacks substantially exceed the minimum setbacks required by the R-3 District. The R-3 district only requires a minimum 5 foot interior side yard setback and 10 foot rear yard setback. The project, as designed, provides a minimum 8 foot side yard setback on the north side of the lot, a 15 foot 6 inch minimum side yard setback on the south side of the lot and a 10 to 24 feet 8 inch rear yard setback adjacent to R-1 zoned properties to the east. A single story apartment building could be built within 10 feet of the rear yard and 5 feet of the side yards with no conditional use permit. The setbacks for the one-story units meet or exceed these standards. CF To provide additional privacy for R-1 properties to the east the following additional measures will be taken: trash enclosures for the project will not be at the rear Community Development Department City Council Report Conditional Use Permit 90-08 March 18, 1991 Page 9 of the project but will be relocated in closer proximity to the front of the project; the spa/jacuzzi originally proposed in the southeast corner of the site will not be installed; a rear wall along the rear property line will be raised from 6' 8" to 8 feet; 24 inch boxed evergreen trees will be planted closely spaced at 10 foot intervals along portions of the side and rear property lines of the subject site, and at least one major specimen tree will be planted at the southeast corner of the site. e. The appraisal firm of Donahue and Company, Inc. has concluded in their report dated January 28, 1991, attached hereto as Exhibit B, that the subject project has been constructed to assure the privacy of adjoining properties and provides architectural betterment to the area (see page 9 of Exhibit B). 2. Based on a shade and shadow study for the project dated February 15, 1991 and prepared by LSA, a firm which specializes in environmental assessment, the project does not substantially affect the existing solar coverage of the roofs or structures fronting on Myrtle in the R-1 Zone, and in the vicinity of the project nor will the shadow coverage be extensive throughout the majority of any day for any time of the year. The report concludes that there will be no significant shade/shadow impacts associated with the project. A copy of the report and exhibits are attached as Exhibit C and one incorporated herein by reference. In addition to the above information, video tapes of the shade and shadow situation on the site taken at different times of the day and particularly in the late afternoon. Based on a review of video tapes, it is not believed that the shadows/shade of the project will cause any detriment to adjoining properties. 3. An appraisal study has been completed by a qualified appraisal firm, Donahue and Company, Inc., to determine how much, if any diminution in value to adjacent R-1 properties and neighborhood improvement would occur as a result of the completion and occupancy of the project. As a result of this comprehensive analysis, it was found that no negative impact on any neighborhood values would result from the subject project. A copy of the report is attached as Exhibit B is inc orporated herein by this reference. Community Development Department City Council Report -- Conditional Use Permit 90-08 March 18, 1991 j Page 10 4. Light and glare from project lighting will not be an impact on adjacent properties since the project will be required to confine direct light rays to the subject property as required by the Zoning Code through the use of lighting fixtures which incorporate cut-offs and shielding. 5. According to the appraisal firm of Donahue and Company, Inc., the proposed project provides architectural betterment to the area. The project has been constructed of good quality materials and has an aesthetically pleasing and newer architectural style (see page 3 of Exhibit B). The second story portions of the project, are only at or slightly above pitched single story rooflines of residences to the east in the R-1 District (see page 10 of Exhibit B). 6. To enhance light and air at the project site and on adjacent R-1 properties, the project incorporates a variety of insets, projections and cantilevers to achieve relief on all sides of the two buildings. The project also only has a lot coverage of 38% of the site as compared to the 65% lot coverage that is authorized in the R-3 Zoning District and is below the maximum allowed building height of 35 feet in the R-3 District. 7. The proposed color and materials proposed for the project are compatible with those of surrounding developments in that the proposed color scheme and combination of wood lap siding and stucco is similar to color and materials used at the project to the north, immediately across Pasadena Avenue to the west, to the south and the general earthtone stucco and wood siding with composition shingles on the single family residences to the east. 8. The proposed project is located on Pasadena Avenue which the City Traffic Engineer has determined is adequate in size to carry the quantity and kind of traffic to be generated by the project. As presently designed, the project provides all required parking of the R-3 Zoning District. Eleven two car garages (with automatic garage door openers) and three covered guest spaces (with no garage doors) are proposed. Due to the semi -subterranean location of garages and the grade of the project's access driveway, the project is required to install a speed bump in the driveway ramp to reduce vehicle speed and a stop sign at the driveway exit to provide additional protection for passing motorists and pedestrians. Community Development Department City Council Report Conditional Use Permit 90-08 March 18, 1991 Page 11 The applicant has also been required to pay Transportation System Improvement fees in the amount of $1.00 per square foot as a contribution toward areawide transportation system improvements. 9. The project has the potential to add 24 new residents to the area based upon the City's average household population of 2.4 persons per household (deducting the residents of the previous existing dwelling on the site). This proposed density and resulting increase in population is permitted and anticipated by the City's Zoning Code and General Plan. The project is proposed to meet minimum Uniform Housing Code requirements and no overcrowding is anticipated. 10. The Community Services, Public Works, Fire and Police Departments have also indicated that the project will not create significant effects on city services. All services are in place and the development of the site has been anticipated. RECOMMENDATION Pursuant to Section 9291 of the Tustin City Code, if it is found that certain conditions will not result from a particular use applied for, the City would be obligated to grant the use permit. At this time, the City Council should open and close the public hearing on this matter, discuss the evidence presented including information contained in thisstaff report. Upon conclusion of the i City Council's discussion, t is advised that the City Council indicate whatever action it deems appropriate and instruct staff based on advice of the City Attorney to either: 1. Provide supporting resolutions for their action on the evening of March 18, 1991, or; 2. Return to the City Council's next meeting with Resolutions which support their action and the evidence discussed at the hearing. Christine A. Shing on Assistant City Marhater CAS:kbc\cup90-08.cas Community Development Department NEGP% CIVE DECLARA' k ON CITY OF TUSTI N S 300 CENTENNIAL WAY, TUSTIN, CA. 92680 Project Title:Conditional Use Permit 90-08 File No. Design Review 88 -20 - Project Location:15642 Pasadena Avenue, Tustin Project Description:Proposed two story, 11 unit apartment project Project Proponent: Feridoun Rezai Contact Person:Christine Shingleton Telephone:544-8890 Ext -253 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 find: That there is no substantial evidence that the project may have a LJ significant effect on the environment. aThat potential significant affects were identified, but revisions have been included i n the project plans and agreed to by the applicant that would avoid or mitigate the affects to a point where clearly no significant effects would occur. Said revisions are attached to and hereby made a part of this Negative Declaration. Therefore, the preparation of an Environmental Impact Report is not required. The initial study which provides the basis for this determination 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 a Negative Declaration and extends for 21-- calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:30 p.m.'on March 13, 1991 DATED: February 22, 1991 ommuni ty Developme, V Director Attached negative declaration initial study— revised on March 13, 1991 upon completion y4o�-& of review. CITY OF TUSTIN Community Development Department ENVIRONMENTAL INITIAL STUDY FORM I. Background 1. Name of Proponent FERIDOUN REZAI 2. Address and Phone Number of Proponent 203 TROJAN STREET ANAHEIM., CA 92804 220-2893 3. Date of Checklist Submitted March 12, 1990 originally, revised February 21, 1991 4. Agency Requiring Checklist CITY OF TUSTIN 5. Name of Proposal, if applicable Conditional Use Permit 90-08 Design Review 88-2 Environmental Impacts (Explanations'of all "yes" and "maybe" answers are required on attached sheets.) Yes Maybe No 1. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? x b. Disruptions, displacements, compaction or overcovering of the soil? x C. Change in topography or ground surface relief features? x d. The destruction, covering or modification of any unique geologic or physical features? x e. Any increase in wind or water erosion of soils, either on or off the site? x f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any ban, inlet or lake? x 2. 3. Yes Maybe No g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure or similar hazards? X Air. Will the proposal result in: a. Substantial air emission or deterioration of ambient air quality? X b. The creation of objectionable odors? X C. Alteration of air movement, moisture, or temperatures, or any change in climate, either locally or regionally? X Water. Will the proposal result in: a. Changes in currents, or the course of direction of water movements, in either marine or Xresh water? X b. Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? X C. Alterations to the course or flow of flood waters? X d. Change in the amount of surface water in any water body? X e. Discharge into surface waters, or in any alteration of surface water ' quality, including but not limited to temperature, dissolved oxygen or turbidity? g f. Alteration of the direction or rate Of flow of ground waters? X g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X C9 5. 1-V 7. Yes Maybe No i. Exposure of people or property to water related hazards such as flooding or tidal waves? Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass,.crops, and aquatic plants)? b. Reduction of the numbers of any unique, rare or endangered species of plants? C. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? d. Reduction in acreage of any agricultural crop?. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? C. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? Noise. Will the proposal result in': a. Increases in existing noise levels? X b. Exposure of people to severe noise levels? Light and Glare. Will the proposal produce new light or glare? X X X X X M X N X X X 8. a 10. 11. 12. 13. Yes Maybe No Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? X Housing. Will the proposal affect existing housing, or create a demand for additional housing? X Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? X X X X X X e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? C. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? C. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? Yes Maybe No X X x x X X X X X X X X X X X X x x X X X X X X Yes Maybe No 17. Hunan Health. Will the proposal result ' in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential health hazards? X 18. Solid Waste. Will the proposal create additional solid waste requiring disposal by the City? X 19. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to "public view? X 20. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? x 21. Cultural Resources a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? X b. Will the proposal result in adverse physical or aesthetic effects to a Prehistoric or historic building, structure, or object? X C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? X d. Will the proposal restrict existing religious or sacred uses within the potential impact area? X Yes Maybe No 22. Mandatory Findings of significance. a. Does the project have the potential to degrade the quality of the environment substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future). x C. Does the project have impacts which are individually limited, but cumulatively con- siderable? (A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or ' indirectly? X III. Discussion of Environmental Evaluation IV. Determination (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significanteffect on the environment, there will not be a significant effect in this case because the mitigation measure described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED X I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Revised March 13, 1991 Date Signature Christine A. Shing on Director of Community Development EXHIBIT A DISCUSSION OF ENVIRONMENTAL USE PERMIT 90-08 REVISED FEBRUARY 21, 1991 AND Proiect Description Supplement I. Background EVALUATION MARCH 13, 1991 On March 13, 1989, the Planning Commission approved Conditional Use Permit 89-05, authorizing the construction of a two and one half story, 11 unit apartment project on a 20,184 square foot lot in the R-3 zoning district. A conditional property abuts property line. Municipal code use permit was required since the subject the R-1 zoned properties on its eastern (rear) Provisions of Section 9226(c) of the Tustin state: "...when a lot in the R-3 District abuts at any point along its property lines or is directly across a street or alley from a property zoned R -A, E-4 or R-1 (developed or undeveloped), no main building shall be erected on said R-3 lot to a height to exceed one (1) story, and/or twenty (20) feet, whichever is more restrictive, within one hundred fifty (150) feet of said R -A, E-4 and R-1 zoned property, unless the Planning Agency shall grant a conditional use permit thereof." Building permits for theapartment project were issued in May, 1989. During construction (framing), staff began to receive complaints from several owners of the single family residences located immediately to the east of the subject property concerning privacy and the height of the buildings. In March, 1990, staff reviewed the mailing list used for notification of the public hearing for Conditional Use Permit 89-05 to determine why these residences were only now voicing their concerns about the project. Review of the mailing list, which was prepared bya title company, revealed that while all affected properties were shown on the 300 foot radius map, the typed mailing labels provided to the City did not include the owners of the R-1 properties adjacent to and east of the subject property. Based on several decisions of the California Supreme Court, the City Attorney determined that Conditional Use Permit 89-05 was invalid due to improper notification. Consequently, the building permits for the project were revoked and construction halted. Conditional Use Permit 90-08 was filed by the applicant, seeking re -approval of Conditional Use Permit 89- 05. Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 2 A new public hearing was held with the Planning Commission on April 9, 1990. In response to public testimony, the Planning Commission continued the April 9th hearing to April 30th and directed the applicant to explore design modifications to the buildings that would mitigate the concerns of the owners of the adjacent single family residences. At the April 30th hearing, the Planning Commission reviewed the applicant's proposed modifications and took additional testimony from the public. After consideration of testimony and proposed modifications, the Planning Commission adopted Resolution No. 2762, denying Conditional Use Permit 90-08. This matter was appealed by the City Council on May 7, 1990. After two workshops held between the developer and residents in an attempt to work out a design compromise and public hearings held on June 4, June 18, and July 2, 1990 the City Council approved Conditional Use Permit No. 90-08 with adoption of Resolution No. 90-73(A) on July 2, 1990. A revision to the Design Review of the project was approved by the Tustin Community Redevelopment Agency on July 16, 1990 and revised building permits were issued on August 2, 1990. The City Council's action approved a significantly revised building design for the apartment project, including but not limited to reducing the building height for portions of the project. A number of owners of the properties lying adjacent to the Pasadena Avenue property objected to the issuance of the Conditional Use Permit and filed a Petition for Writ of Administrative Mandamus entitled Paul Zukowsky, et al v. City of Tustin. The Superior Court after a trial on December 13, 1991 issued a Preemptory Writ of Mandus and ordered the City to set aside Resolution No. 90-73 (A) and any conditional use permit issued thereunder. The City Attorney has determined that a new public hearing on Conditional Use Permit 90-08 is necessary. II. Surrounding Properties The subject property was previously developed with a one-story single family residence which has been demolished. - Surrounding zoning and land uses consist of a 22 unit two- story apartment building on property zoned R-3 to the north Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 3 and two story apartments across Pasadena Avenue on the west, a 14 unit one-story apartment building on property zoned R-2 (duplex residential) to the south, and single family residences on property zoned R-1 to the east. The subject property is located in the South/Central Redevelopment Project Area and the proposed project will also require Redevelopment Agency approval of Design Review 88-20. III. General Description of Project The project as substantially completed consists of two separate, apartment buildings containing a total of eleven townhouse type units. Six units are located in Building "A" located parallel to the northern property line of the site and five (5) units are to be located in Building "B" located parallel to the southern property line. Seven units will be two stories in height approximately 11200 square feet in size and contain three bedrooms and 22 baths, with four one story units at the rear of the project approximately 660 square feet in size and containing 1 bedroom and X bath each. The overall density of the project is 23.7 units per acre. Under current provisions of the R-3 District, the maximum number of units that could be authorized on the site is 11 units. Building coverage on the site will be approximately 38 instead of the 65% allowed in the R-3 District. Setbacks proposed are approximately 35 to 44 feet along the front of the property, 8 feet along the north side lot line, 15 feet 6 inches along the south side lot line and 10 to 24 feet 8 inches at the rear of the property adjacent to the R-1 zoned property. Proposed setbacks are substantially in excess of the minimum setbacks required in the R-3 District as follows: 15 foot front yard, 5 foot interior side yards and 10 foot rear yard. A total of 25 on-site parking spaces are proposed for the project, 11 two car garages and three open covered guest spaces. Access to all parking is proposed from a 27 foot wide driveway. Entryways to each unit will be provided by concrete walkways located adjacent to the northerly and southerly property lines of the project with pedestrian access to parking below grade provided at three proposed stairwells (one at the front and _ Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 4 rear of building "B" and one at a central location between unit 3 and 4 of building "A")• Private ground level open space/patio areas are also proposed at the front of each unit adjacent to entries. Air conditioning units will be located in the corner of each enclosed patio area. Walkways and driveway areas will be accented with special brick pavers or other special pavement treatment. The proposed grading scheme for the project involved excavating approximately five (5) feet below existing grade for the central driveway and tuck under parking. The resulting driveway ramp incorporates 6% blend slopes at each end with an 11.23% slope over the remaining portion. This is within the maximum 13% slope permitted by the City. Because the garage level is only five (5) feet below grade, and an eight (8) foot ceiling is proposed for thegarages, the grade at the front entrances to the units is raised as much as 3.5 feet above existing grade, which is accomplished in steps. Specifically, the grading concept proposes a two (2) foot grade difference at the side property lines, (pedestrian walkways) stepping up 18 inches to the patio and front door level. The actual finished floor level of all 11 units is six (6) inches above the patio level (see Sheet 3 of attached plans).As the sections on Sheet 3 indicate, the adjacent properties (north and south) will face a 6' 8" wall of decorative split face concrete block. The grade level in the front and rear yard setbacks will not change from existing conditions except for landscape berming and drainage. This concept helps preserve privacy between the project and the rear yards of the single family residences at the rear of the subject property. The proposed architectural design for the project is a modified cape code design which utilizes a combination of wood lap -siding and stucco with wood trim at building corners and around doors and windows. The project incorporates a variety of insets, projections and cantilevers to achieve relief on all sides of the two buildings. The proposed color scheme includes "silver gray" stucco, "pearl gray" siding, "swiss coffee" trim and "charcoal gray" asphalt composition shingles. Surrounding color and material themes in the general vicinity of the project include white stucco with blue trim and a white gravel roof immediately to the north, white stucco with blue trim and gray asphalt composition shingle roofs immediately across Pasadena Avenue to the west, tan stucco and wood siding Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 5 with brick accents and a shake roof immediately to the south and general earth tone stucco and wood siding with composition shingle, shake and gravel roofs on the single family residences to the east. Overall, the proposed color and material scheme is compatible with that of surrounding developments. 1. EARTH - This project would not result in any change to existing geologic conditions; however, grading is proposed that will require excavation 5 feet below existing grade for driveway and parking purposes and raise grade levels 3.5 feet above existing grades for the units themselves, resulting in disruptions, overcovering and compaction of the soil and changes to existing topography. This isproposed to accommodate below grade, tucked under parking and still maintain a two and one half story building design. (Source: Field inspection, June 30, 1988, precise grading plans) Mitigation/Monitoring - Appropriate soils reports and precise grading plans will be required by the Building Division prior to issuance of grading permits to ensure proper drainage, compaction and retention. 2. AIR a - This proj ect would not result in any change to the existing air quality based on review of AQMD standards for preparing EIR documents. (Source: AQMD Regulation No. 15, Site and Floor Plan) Air b - The proposed trash enclosure was originally proposed to be located four feet from the rear yards of the adjacent single family properties when CUP 89-05 was approved. Since odors from open bins could adversely affect those residents, Revised site plans and permits issued for the project show the required trash enclosure to be relocated towards the front of the site subject to approval by the Community Development Department. (Source: Revised construction plan dated 8/2/90.) Air c - Residents have voiced concerns about the effect on microclimate in the area and the creation of permanent shade conditions on adjacent properties. A shade and shadow study to determine such impacts on a4djacent properties has been prepared by LSA, a firm which specializes in environmental assessment. It is the report's conclusion that the project Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 6 does not substantially affect the existing solar coverage of the roofs or structures in the vicinity nor will the shadow coverage be extensive throughout the majority of any day for any time of the year. The report concludes that there will be no significant shade/shadow impacts associated with the project. In addition, the report emphasizes that the current projects reduced structure heights for portions of units 5, 61 10 and 11 substantially lessened the effects of shade/shadow on adjacent residences over what impacts would have occurred as a result of the original design for the site (CUP 89-05). (Source: Shade/Shadow Analysis for Pasadena Apartments prepared by LSA and dated February 15, 1991, incorporated herein by reference in its entirety.) 3. WATER a, c, d, e, f, g, h, i - This project would not result in any change to the existing water conditions based on review of the site by City staff on June 30, 1988. The site is located in Flood Zone C, which is subject to minimal flooding. (Source: Tustin FIRM, Proposed Site/Grading Plans) Water b - Improvements are proposed which will add impervious surface area to the property which could affect drainage and absorption rates. (Source: Site Inspection, June 30, 1988, Community Development Department). Mitigation/Monitoring - Drainage plans for the project for acceptance of water into the public storm drain system will be reviewed and approved by the Public Works Department. 4. PLANT LIFE a b c d - The site was developed with an existing single-family residence and landscaped with turf in front and fruit trees in the rear. Development of this project resulted in removal of existing vegetation and eventual replacement with new turf, shrubs, ground cover and trees that are common species to the area. (Source: Field Inspection, June 30, 1988, submitted landscape plans) 5. ANIMAL LIFE a b c d - Based on review of City records and site inspection conducted by City staff, no rare or endangered species are known to inhabit the project site. (Source: Field Observation, June 30, 1988) Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 7 6. NOISE - Adjacent, existing residents may experience increases in ambient noise levels related to construction activities, however, this is considered a short term impact. Mitigation/Monitoring - Construction activities shall be limited between the hours of 7 a.m. and 6 p.m., Monday through Friday (including engine warm-up) and will be monitored by the Community Development Department. Construction shall be prohibited on weekends and Federal holidays. 7. LIGHT AND GLARE - The project will introduce additional lighting into the area by means of exterior fixtures on the future buildings. Mitigation/Monitoring - Specific lighting plans and light standards will be reviewed and approved by the Community Development Department which confine direct light rays to the subject property as required by the Zoning Code. 8. LAND USE - Since the subject site was previously occupied by a single family dwelling, the proposed project does alter the land use of the site although the proposed number of apartment units (11) at a density of 23 units per acre is permitted by the R-3 Zoning District standards and the Tustin General Plan. The subject property is surrounded by a 22 unit two-story apartment building on property zoned R-3 to the north, a two story apartment building across Pasadena Avenue on the west, a 14 unit one-story apartment building on property zoned R-2 (Duplex Residential) to the south and single family residences on property zoned R-1 to the east. The project as substantially completed consists of two separate, apartment buildings containing a total of eleven townhouse type units. Six units are located in Building "A" located parallel to the northern property line of the site and five (5) units are to be located in Building "B" located parallel to the southern property line. Seven units will be two stories in height approximately 11200 square feet in size and contain three bedrooms and 2Z baths, with four one story units at the rear of the project approximately 660 square feet in size and containing 1 bedroom and 1 bath each. Exhibit A -- Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 8 To ensure compatibility with surrounding buildings and uses, the project has undergone extensive design modifications. These modifications support goals and policies contained in the Land Use Element of the General Plan which are "to promote an economically balanced community with complimentary and buffered land uses." More specifically evidence. to support that the project will not negatively impact surrounding land uses are noted below: 1. The design of the project is compatible with adjacent single family residences and will result in a minimal impact on the privacy of adjacent single family residents and will not negatively impact the use of their rear backyards based on the following facts: a. To reduce the scale of the project and potential privacy impacts, the project has been redesigned as two stories in height over depressed subterranean parking, excepting the east (rear) of the structure where four units are typically one-story in height. The rear units on Buildings A and (units 5, 61 10 and 11) have been reduced in height to one story and will not exceed 20 feet in maximum height. The maximum height and pitched roof design are compatible with the adjacent single family homes that are approximately 20 feet high. Removal of second floors on the above units will create a 60 foot second story setback on Building A from R-1 properties to the east and a 74 foot 8 inch second story setback from R-1 properties to the east. b. Residents of the project will not have a direct line of sight from their units onto adjacent R-1 properties to the east since obscure glass will be incorporated on certain bathroom windows and no windows will be permitted on the east (rear) elevations of Units 4, 6, 9 and 11 adjacent to R-1 properties. In addition, specially designed window screens will be required on certain bedroom windows, specifically, first floor windows in units 51 61 10 and 11 and second floor windows of Units 31F 4 and 9 with bathroom windows on the same units again treated with obscure glass. That will prevent views to the east (rear) toward the R-1 properties. Exhibit A - Discussion of -Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 9 C. Proposed side and rear yard setbacks substantially exceed the minimum setbacks required by the R-3 District. The R-3 district only requires a minimum 5 foot interior side yard setback and 10 foot rear yard setback. The project, as designed, provides a minimum 8 foot side yard setback on the north side of the lot, a 15 foot 6 inch minimum side yard setback on the south side of the lot and a 10 to 24 feet 8 inch rear yard setback adjacent to R-1 zoned properties to the east. A single story apartment building could be built within 10 feet of the rear yard and 5 feet of the side yards with no conditional use permit. The setbacks for the one- story units meet or exceed these standards. d. To provide additional privacy for R-1 properties to the east the following additional measures will be taken: trash enclosures for the project will not be at the rear of the project but will be relocated in closer proximity to the front of the project; the spa/jacuzzi originally proposed in the southeast corner of the site will not be installed; a rear wall along the rear property line will be raised from 6' 8" to 8 feet; 24 inch boxed evergreen trees will be planted closely spaced at 10 foot intervals along portions of the side and rear property lines of the subject site, and at least one major specimen tree will be planted at the southeast corner of the site. e. The appraisal firm of Donahue and Company, Inc. has concluded in their report dated January 28, 1991, attached hereto as Exhibit B, that the subject project has been constructed to assure the privacy of adjoining properties and provides architectural betterment to the area (see page 9 of Exhibit B). 2. Based on a shade and shadow study for the project dated February 15, 1991 and prepared by LSA, a firm which specializes in environmental assessment, the project does not substantially affect the existing solar coverage of the roofs or structures fronting on Myrtle in the R-1 Zone, and in the vicinity of the project nor will the - shadow coverage be extensive throughout the majority of any day for any time of the year. The report concludes Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 10 that there will be no significant shade/shadow impacts associated with the project. A copy of the report and exhibits are attached as Exhibit C and one incorporated herein by reference. In addition to the above information, video tapes of the shade and shadow situation on the site taken at different times of the day and particularly in the late afternoon. Based on a review of video tapes, it is not believed that the shadows/shade of the project will cause any detriment to adjoining properties. 3. An appraisal study has been completed by a qualified appraisal firm, Donahue and Company, Inc., to determine how much, if any diminution in value to adjacent R-1 properties and neighborhood improvement would occur as a result of the completion and occupancy of the project. As a result of this comprehensive analysis, it was found that no negative impact on any neighborhood values would result from the subject project. A copy of the report is attached as Exhibit B is incorporated herein by this reference. 4. Light and glare from project lighting will not be an impact on adjacent properties since the project will be required to confine direct light rays to the subject property as required by the Zoning Code through the use of lighting fixtures which incorporate cut-offs and shielding. 5. According to the appraisal firm of Donahue and Company, Inc., the proposed project provides architectural betterment to the area. The project has been constructed of good quality materials and has an aesthetically pleasing and newer architectural style (see page 3 of Exhibit B) . The second story portions of the project, are only at or slightly above pitched single story rooflines of residences to the east in the R-1 District (see page 10 of Exhibit B). 6. To enhance light and air at the project site and on adjacent R-1 properties, the project incorporates a variety of insets, projections and cantilevers to achieve relief on all sides of the two buildings. The project also only has a lot coverage of 38% of the site as Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 11 compared to the 65% lot coverage that is authorized in the R-3 Zoning District and is below the maximum allowed building height of 35 feet in the R-3 District. 7. The proposed color and are compatible with th that the proposed colo lap siding and stucco used at the proj ect Pasadena Avenue to the earthtone stucco and shingles on the single materials proposed for the project ose of surrounding developments in r scheme and combination of wood is similar to color and materials I the north, immediately across west, to the south and the general wood siding with composition family residences to the east. (Source: Community Development Department, General Plan Land Use Element, Tustin Zoning Code, site plan dated 3/18/91 and revised construction plans dated 8/2/90, Value Diminution Study prepared by Donahue and Company, Inc. dated January 28, 1991 and Shade/Shadow analysis for Pasadena Apartments prepared by LSA dated February 15, 1991.) Mitigation/Monitoring: While measures to reduce land use impacts have been incorporated into the submitted site plan and revised construction plans for the project and no additional mitigation measures will be necessary, the following are a list of revisions to the project which will reduce impacts to an acceptable level: 1. Removal of the second floor from the two end units of Buildings A and B (units 5, 61 10 and 11). Removal of the second floor of units 5 and 6 will create a minimum 60 foot second story setback from R-1 properties to the east. The removal of the second floor of units 10 and 11 will create a minimum 74' 8" second story setback from R-1 properties to the east. 2. Incorporation of pitched sloping roofs on the one story portions of buildings A and B with a hip roof at the ends of the roofs. The height of said roofs are proposed to be limited to a maximum height of twenty feet with a pitch not to exceed 5:12. 3. Removal of windows on the east (rear) elevations of units 4, 6, 9 and 11 and window screens to be designed on Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 12 privacy sensitive bedrooms on the first floor of units 5, 61 10 and 11 and the second floor windows of units 3, 4 and 9. 4. Relocation of trash enclosure in closer proximity to the front of the project. 5. Removal of the spa/jacuzzi originally proposed in the southeast corner of the site. The applicant will also be prohibited from building a spa or jacuzzi in the future. 6. Planting of closely spaced 24" box evergreen trees along the side and rear property lines of the subject site; and at least one major specimen size tree in the southeast corner of the site. 7. An increase in the height of the wall along the rear property line from 6' 8" to 8 feet. Conformance with these conditions will be monitored by the Department of Community Development through review of plans and inspection prior to issuance of certificates of occupancy. 9. NATURAL RESOURCES - The project would not result in any significant increased use of natural resources. The site is presently developed, and is located in an area of numerous existing multi -family developments as determined by field inspection on June 30, 1988. (Sogrce: Field Inspection, June 30, 1988) 10. RISK OF UPSET - The proposed project would not result in any increased risk of upset to the property or future residents in that the proposed use is for an 11 unit apartment project and no hazardous or flammable materials are associated with this use. Applicable requirements of the Fire Department and Uniform Building Code will be satisfied to significantly reduce any risk of upset (Source: Building Division and Fire Department). 11. POPULATION - The proposed project will remove an existing single family residence and replace it with 11 apartment units, adding approximately 24 new residents to the area, based upon the City's average household population of 2.4 persons/household (deducting the residents of the existing dwelling). The proposed density and resulting increase in Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 13 population in the immediate area will not result in any significant impacts, as the increase in number of dwelling units and population are permitted and anticipated by the City's Zoning Code and General Plan. Comments received from the Community Services, Public Works, Police and Fire Departments did not note significant impacts to their services as a result of this project. (Source: State Department of Finance Census data - 1/88, Community Development, Police, Fire, Public Works and Community Services Department, General Plan Land Use Element and Zoning Code.) 12. HOUSING - See No. 11. 13. TRANSPORTATION AND CIRCULATION a, b, c, d, e - The project will generate approximately seven (7) average daily trips (ADT) per unit, for a total of approximately 77 ADT as compared to approximately 10 ADT for the existing single family residence. Although this is a substantial increase, the City Traffic Engineer has determined that the project would not significantly impact the carrying capacity of existing streets, as they are capable of handling the anticipated additional vehicle trips generated by the project; however, the subject property is located in area B of the Tustin -Santa Ana Transportation System Improvement Program (TSIP), whose purpose is to implement a program for transportation system improvements in the two cities. (Source: Engineering Department/City Traffic Engineer TSIP) Mitigation/Monitoring - Should the City's TSIP Fee Ordinance be in place prior to issuance of Certificates of Occupancy, the developer shall pay development fees as established by said ordinance to be calculated by the Community Development Department. Transportation f - Vehicles exiting the site may create a potential hazard to passing motorists/pedestrians due to the upward grade of the driveway. (Source: submitted grading, site plans). Mitigation/Monitoring - The developer shall install a speed bump in the driveway ramp to reduce vehicle speeds and a stop sign at the drive exit subject to verification by the Community Development Department prior to an issuance of a certificate of occupancy for the project. Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 14 14. PUBLIC SERVICES - The project would not result in any significant change to most public services. All services are in place for the Brea and development of the site has been anticipated by the Community Development Department. Since new families are likely to have children utilizing public schools potential impacts on school enrollment and facilities might occur. In addition, additional households in the city will increase potential impacts on the city's parks and recreational programs. While the size of the project would indicate that impacts will be minimal, mitigation measures shall be imposed on the project. (Source: Tustin School District, Fire, Police, Public Works, Community Services Departments) Mitigation/Monitoring - The developer shall pay impact fees to the Tustin Unified School District prior to issuance of permits and parkland dedication fees in amount established by the City of Tustin in the Community Services Department. 15. ENERGY - The project will not result in a substantial change in the use of energy. The project site has existing energy service. (Source: Public Works Department) 16. UTILITIES - The project would not result in any increased need for utilities, as all utilities are existing and presently serve the site and have adequate capacity to serve the project. (Source: Public Works Department) 17. HUMAN HEALTH - The project would not result in any effects to human health given the nature of the proposed land use. (Source: Community Development Department) 18. AESTHETICS - Section 9226(c) of the Tustin City Code requires approval of a Use Permit to construct a building on an R-3 lot whose height would be greater than one-story or 20 feet, when the property abuts an R-1 zone and the building would be within 150 feet of a single family residence; all of these conditions apply to the subject project. To mitigate potential impacts to the single family residences to the east, and one-story apartments to the south, the proposed project has undergone an redesign, resulting in construction which incorporates colors and materials that are compatible with - those found on existing structures and building height that is consistent with existing two-story buildings located to the Exhibit A Discussion of Environmental Evaluation Revised March 11, 1991 Use Permit 90-08 Page 15 north and west. Additionally, impacts to the existing developments to the east and south have been further mitigated as discussed under the Land Use category (Item 8) in this Discussion of Environmental Discussion. Mitigation/Monitoring - All mitigation measures listed and discussed in Item 8 under the Land Use discussion are incorporated herein by reference as though fully set forth herein. 19. RECREATION - Future residents of the project may use existing recreational facilities; however, due to the small scale of the project (11 units), anticipated impacts are minimal. (Source: Community Development and Community Services Departments) Mitigation/Monitoring - Parkland dedication fees shall be paid in an amount established by the Tustin City Code to the Community Services Department. 20. CULTURAL RESOURCES - The project site is not located in an area known as an archaeological resource, nor is it located in the City's Cultural Resources District. The site is presently developed with a one-story, stuccoed, single-family residence. There is no evidence that any cultural resources exist on the subject property. (Source: Tustin Area Historical Survey, Field Inspection, June 30, 1988.) 21. MANDATORY FINDINGS OF SIGNIFICANCE - The environmental evaluation provided herein, attempts to fully identify, discuss and mitigate any impacts associated with the proposed development project. Considering the sources used, the proposed level of development and the mitigation and monitoring measures incorporated herein, staff has determined that any project impacts will be mitigated to a level of insignificance. CAS:kbc\up90-08.env MYRTLE b MYRTLE AVENUE .. ........... ........ .... ................ .. V ... ........ ....... ........ �a+ao' S6 ............ ........ 57 .... 58 • • • • ............... 60 . �6/ . ..... 62 ........ �3 ....... 64... . SINGLE FAMILY :::: ��::::. T3 ::::: � ::. RESIDENTIAL - 3 C/RCL E MYRTLE b MYRTLE AVENUE .. ........... ........ .... ................ .. .. ....... ... ........ ....... ........ �a+ao' S6 ............ ........ 57 .... 58 • • • • ............... 60 . �6/ . ..... 62 ........ �3 ....... 64... . SINGLE FAMILY :::: ��::::. T3 ::::: � ::. RESIDENTIAL - - - � (R-1)..... ':::::: .. .. v 10.64. 70•b0'• t... r... ....�.. .v... �... ::�::: ...... . .................. T. ...................... ...... ...... . ....... ....... ;:2tt2:c¢t• : mages:; _ : aF.e•r�::::: :: ;.::.-:: •1 :.: .. Sir". A ........- D . l A NN E P FA MiLY D UPLE X MULTIPLE 1 ti� <• •DEVELOPMENT ENTIAL ��' RESIDENTIAL b R E S I D ':�r (R 2 P -D R 3 :=` ) SUBJECT, B JE C T r •Fi T Y • •E P •O •R .� •P.................. [ 'ON VENUE PASADENA (R-3) 6C V V EXHIBIT A EXHIBIT B VALUE DIMINUTION STUDY Community Development Department JOHN C. DONAHUE GREGORY J. HAWRAN MICHAEL F. WALDRON MICHAEL A. TAYLOR NORMAN CANTOR BARBARA L. ZACHRY PETROS BERHANE LAWRENCE M. MAXWELL KEVIN J. DONAHUE CHARLES P. FOX ROBERT 1. STEIR Mr. James G. Rourke City Attorney City of Tustin Suite 7000 701 S. Parker Street Orange, California 92668 Dear Mr. Rourke: DONAHUE & COMPANY. INC. PROPERTY AND URBAN ECONOMICS 2121 EAST COAST HIGHWAY SUITE 140 CORONA DEL MAR. CALIFORNIA 92625 January 28, 1991 Re: Value Dimunition Study City of Tustin C.U.P. 90-08 Job No. 4602 TELEPHONES (714) 760-3166 (800) 654-074C FACSIMILE (714) 760-5496 KART E. NELSON BUSINESS VALUATIC' At your request and authorization, we have prepared a study pertaining to possible dimunition in value of nine (9) single family residences located in Tract 4250 (hereforth referred to as the Subject Tract), as a direct result of the presence of a new eleven (11) unit apartment building located to the west, off of Pasadena Avenue frontage. INTRODUCTION/PURPOSE This study addresses the development of an eleven (11) unit apartment building at 15642 S.: Pasadena Avenue, in accordance with Conditional Use Permit 90-08 and City Council resolution 90-73 (A), and the consequences to the single family residential neighborhood to the east, Tract No. 4250. The purpose of the study is to determine how much, if any, diminution in value may result to adjoining properties and neighborhood improvements upon completion and occupancy of the apartment complex. SCOPE OF THE ASSIGNMENT The approach utilized in arriving at the value conclusion presented herein involved an inspection of the Subject Tract together with an investigation of all relevant transfers which have occurred within the past four (4) years. Our analysis of this and other data focused on what (if any) measurable differences exist between sale prices of these single family Mr. James G. Rourke -2- January 28, 1991 SCOPE OF THE ASSIGNMENT (Cont.) residences abutting apartment projects, and prices of those residences within the same tract but not abutting apartments. To provide additional support for the evidence obtained within the Subject Tract, other examples suitable for comparison were gathered from throughout Tustin and analyzed in the above manner. A description and evaluation of each of the tracts selected is included following the Subject Property section; their locations are indexed on the Market Data Map. SUBJECT TRACT 4250 Description Tract 4250 is located on the north side of McFadden Avenue, east of Pasadena Street in Tustin, California. Rights of way within the tract include Myrtle, Corla and Medallion Avenues as well as Pacific and California Streets. It is further identified as Assessors Map Book 402 Page 38, County of Orange. There are a total of 86 single family residences in the tract, currently zoned R-1, Single Family Residential, under the City of Tustin Municipal Code. A variety of construction styles and qualities indicate the involvement of several developers in the original construction, with the majority of homes built in the early to mid 1960's. Public records indicate some homes as new as 1975 and as old as 1958. Most contain 3, 4 or 5 bedrooms, with living areas ranging from about 1,100+ square feet to 2,000+ square feet. Pride of ownership, maintenance and general condition vary greatly within the subject tract. Although some homes appeared well kept, others have accrued a substantial amount of deferred maintenance in addition to having neglected landscaping. Environs Uses which surround the Subject Tract include McFadden Avenue to the south elevation; an eighty (80) foot wide primary artery, while a 73 unit apartment complex borders the majority of the tract's east elevation. Two projects border the north elevation: a 188 unit, 2 story apartment building built in 1969, and Tract 5415, which consists of a 72 unit multi -family project built in 1965 +. Mr. James G. Rourke -3- January 28, 1991 SUBJECT TRACT 4250 (Cont.) The Subject Tract's west elevation is bounded by several types and densities of multiple family dwellings, all of which front to Pasadena Avenue. The northwest corner of McFadden Avenue and Pasadena Avenue is improved with a 32 unit condominium project constructed in 1964 which has a situs address of 15712 S. Pasadena. A 14 unit, one story apartment building built in 1963 is situated at 15660 S. Pasadena; a 22 unit, two story apartment building built in 1967 is located at 15622 S. Pasadena. Also situated on the tract's west elevation is the subject of the petitioner's complaint; an eleven (11) unit apartment building located at 15642 S. Pasadena, presently nearing completion. The structure consists of two buildings which are a Ilow two story over depressed or partially subterranean parking, excepting the rear of the structure where they are a typical one story in height. It has been constructed of good quality materials and has an aesthetically pleasing and newer architectural style compared to its neighboring conventional apartment and garage buildings. Traffic Traffic counts in the vicinity, as provided by the City of Tustin Traffic Engineering Department, are as follows: ADT McFadden Ave., Between Newport Ave. and Pasadena Ave., both directions 18700 Pasadena Ave., from McFadden Ave. to Sycamore, both directions 11900 Pasadena Ave., north of McFadden Ave., both directions * * 4193 * Taken in 1989 * * This figure was arrived by multiplying 1986 counts by a 2% annual growth rate as a conservative estimate recommended by the City of Tustin Traffic Engineering Department. WK �y r 9 7 M To M r:, F.1 J Mr. James G. Rourke -4- January 28, 1991 SUBJECT TRACT 4250 (Cont.) Petitioners The nine (9) ownerships which have disputed the City's allowance for the eleven (11) unit apartment building are all situated in Tract 4250, herein referred to as the "Subject Tract". Their property characteristics are listed on the Summary of Neighboring Properties/ Petitioners which follows this discussion. All nine (9) single family residences are of average quality construction built in the early to mid 1960's. Bedroom counts are between three and five with living areas ranging from 1,400 square feet to 2,191 square feet. Lot sizes range between 7,209 sf to 7,681 sf. Condition of the improvements varies between average and good. Proximity to the eleven (I1) unit apartment building differs widely among the nine properties. For instance, the Nessl Property as 15702 ,P.,acific Street is two blocks removed from the project. The O'Rourke and Barth properties, located at 15632 and 15622 S. Myrtle, respectively, are one block removed as is the Karels property at 17191 Corla Avenue. The remaining five properties are all located on the west side of Myrtle Avenue and directly back to the existing R-3 zoned neighborhood and its older developments. The properties owned by Tammaro and Mitchell, situated at 15601 and 15621 S. Myrtle Avenue, respectively, have rear yards directly abutting a two story 22 unit apartment building situated at 15622 S. Pasadena Avenue, known as Colonial Village. Those complainant residences with rear property lines directly adjacent to the subject apartment building are 15631 S. Myrtle Avenue (owned by Arnold) and 15641 S. Myrtle (owned by Zukowsky) as well as a portion of Mitchell's property line at 15621 S. Myrtle Avenue. The Gordon property, located at 17191 Corla Avenue, has a rear property line before backing to a fourteen (14) unit, one story apartment project located at 15660 S. Pasadena, and lies catercorner to the eleven (11) unit project being disputed. i� 19 7 M Mr. James G. Rourke SUBJECT TRACT 4250 (Cont.) Pre-existin2 Conditions -5- January 28, 1991 The petitioners claim of dimuted property values due to the presence of the ellev o f partially (11) unit apartment building is p Y invalidated based on a num berpre-existing conditions affecting the Subject Tract. Firstly, the small pocket of R-1 zoned property which comprises Tract 4250 is already surrounded by existing R-3 zoned land improved with numerous apartment t projectsy The vary in height between one and two story and the majority tract's re constructed in the mid 1960's or early 1970's. A total of 68 units bore ,thee north west elevation in addition to a 73 unit complex on the eas side. boundary is bounded by two projects totaling over 140 un Secondly, the houses within Tract 4250 have extremely_ shallow back yards; curtailing houses are set back to where the front yard is much larger than therear, also situated rear and privacy regardless of adjoining uses. Overhead utilities detrimental to the y pre-existing condition considered along the rear, property lines, a p g neighborhood's aesthetic Quality. Additionally, the deferred maintenance and general mix ture of ownership pride which are apparent in Tract 4250 have negate p on P to negative impact property values. These conditions have nothing whatsoever do with the arrival of the new apartment building. in apartment buildings at 15712 Pasadena Avenue have pitched Finally, the adjoin g p style roofs which exceed the height of the single family residences they abut; very much like a two story structure. In summary, the surrounding multi family residential uses, overhead -utilities, setbacks and general neighborhood conditions all preceded the subject property se petitioner's complaint regarding any affects of the construction and prospective the pet occupancy of the eleven (11) unit project. As further supportan evaluation of sales within the Subject Tract as well as other , comparable tracts are presented hereforth. f� r INMr. James G. Rourke r ON MARKET DATA General IN January 28, 1991 Further invalidation of the petitioner's claim is forthcoming from our comparative analysis. This evaluation involves the comparison of sales which back to existing multiple family dwellings to those that do not. In addition to an overview of sales within Subject Tract 4250, other tracts have been selected within Tustin to support the conclusions stated , n this study. Subject Tract 4250 Two pairings were chosen from the Subject Tract which reflect prices unaffected by any neighboring multiple family influences. Item 1A, located at 15661 Myrtle Avenue, sold in May, .1987 for $142,000. It backs to existing one story apartment buildings fronting Pasadena Avenue. It is matched with: Item 1B, a residence located at 15661 California Street which sold for $147,000 th September, 1987. This home backs to adjacent single family residences. Bo properties are in average condition. The price difference, 3.4% over four months, is attributable to normal market appreciation and possibly a superior floor plan present in Item 1B. Item 2A, located. at 15622 Myrtle Avenue, sold in September, 1990 for $232,000. The seller, Barth, et ux, is a petitioner in the case. The residence backs to adjacent single family residences and is a block removed from the subject apartment building. Item 2B is a residence located at 15701 Pacific which sold for $215,500, also ks September, 1990. It also backs to another single fan -lily residence and is two bloc removed from the subject property. Both residences are in the same average condition, Item 2A has 391 ± square feet more living area than does Item 2B. The 7.1% difference is attributable to larger living area and superior room count. No locational difference could be isolated from these two samples. Mr. James G. Rourke -7- January 28, 1991 MARKET DATA (Cont.) Tract 4334 Tract 4334 is located north of San Juan Street, east of Newport Avenue in the City of Tustin. The residences within this tract are similar in size and age to those within the subject tract, although they are slightly superior in quality and condition. This tract was selected for comparison because the houses on the southerly side of Andrews Street back to both one and two story apartment complexes. similar to the conditions affecting the Subject Tract. Two pairings were selected from within this tract representing sales which back to apartments, comparable with those which do not. Item 3A, located at 1252 Andrews Street, sold in May, 1986 for $141,000 and is situated adjacent to a two story apartment complex. _ Item 3B is located at 1362 Lance Drive, having sold December, 1986 for $135,000. It is a corner lot adjoined by other single family residences. Item 3A has 348 + square feet more living area than does 3B, and sold for 4.2% more despite having sold seven months earlier. Item 4A, located at 1292 Andrews Street, sold in August, 1987 for a sale price of $162,900. It backs to a two story apartment complex and is in good condition. Item 4B, located at 13631 Fielding Drive, sold in February, 1987 for $154,000 and backs to adjoining single family residences. It is also considered to be in good condition. These two properties are quite similar, with normal market appreciation causing a 5.5% increase in value over a six month period. Thus far, all residences exampled which back/side to apartments sold for higher prices than their neighbors which did not, excepting Item lA which sold four months prior to Item 1B. Mit Mr. James G. Rourke 01 MARKET DATA (Cont.) Tract 4527 ih% 10 in January 28, 1991 Located south of Sycamore Avenue, east of Newport Avenue in Tustin. Residences within this tract are quite similar in age and size to those in the Subject Tract although slightly superior in quality and condition. This tract was selected because it also has properties adjacent to multiple family dwellings which can be paired with those which. abut single family dwellings. Additionally, these properties have shallow rear yards like those of the Subject Tract. Two pairings were drawn from this tract suitable for analysis: Item 5A, located at 1141 Mear Lane, sold for $139,500 in May, 1986. It backs to a two story apartment building. Item 513, located at 1202 Mear Lane, sold in May, 1986 for $144,000. It backs to adjacent single family residences. The properties are both in good condition with Item 5B slightly superior to 5A. The 3.1% price difference is attributable to condition, the additional bedroom and 65+ square feet more living area enjoyed by 5B. Item 6A, located at 1162 Drayton Way, sold in January, 1990 for a price of $229,000. It is situated adjacent to a two story apartment building. Item 6B is located at 1161 Drayton Way and sold in June, 1989 for a price of. $220,000. It adjoins other single family residences. Both items are similar in condition, with the 3.9% price difference attributable to market appreciation and the additional 89 + square feet of living area enjoyed by Item 6A. Tract 6484 Tract 6484 is located north of Walnut Avenue and easterly of Red Hill Avenue in Tustin. Properties within this tract are slightly newer than those in the Subject Tract, having been built in 1968; they are similar in size and slightly superior in quality. 7i 711 �.r Mr. James G. Rourke -9- January 28, 1991 MARKET DATA (Cont.) This tract was selected because the residences on the north side of Copperfield Drive back to a two story complex know as "Brighton Terrace", vs. properties on the south side which adjoin either orchards or other single family residences. One pairing suitable for analysis was: Item 7A, located at 1591 Copperfield Drive, sold in February, 1988 for $189,000. j This property backs to the "Brighton Terrace" apartments. Item 711, located at 1552 Copperfield Drive, sold in November, 1987 for $175,000. It is situated adjacent to an orchard. Item 7B is larger than Item 7A and contains an additional bedroom. Despite the size inferiority of Item 7A, it sold for 7.4% more than Item 7B in only three months time. CONCLUSION The petitioners' claim of dimuted values resulting from the presence of the Subject Apartment Building is unfounded. Numerous neighborhood conditions, including hundreds of apartments surrounding the tract, mixed pride of ownership, overhead utilities and shallow rear yard setbacks all pre-existed the eleven (11) unit project. These combined inherent property characteristics create an environment in which property values are not easily impacted. Further, the properties are all in Tustin's limited affordable priced housing range and in demand given normal market conditions. The paired market data study presented herein indicates there to be absolutely no difference in prices/values between residences nearest apartments and those that are not. No negative impact on any neighborhood values will result from the eleven (11) unit Subject Apartment Building. It has been constructed to assure the privacy of the adjoining properties and provides architectural betterment to the area. In any O r in r No R Mr. James G. Rourke -10- January 28, 1991 CONCLUSION (Cont.) event, as partially subterranean, the more distance second story portion of this complex is, only at or slightly above the pitched single story rooflines of the complainant's residences. Thank you for this opportunity to provide valuation services. John C. Donahue, MAI Principal Appraiser JCD/KJD:tmm Respectfully submitted, DONAHUE & COMPANY, INC. 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ASADENA AVE T ENVIRONS View of parking lot for the Pasadena Village Apartments abutting the north elevation of 15601 S. Myrtle. The two story apartments are visible in the right of the photograph. View looping north along Myrtle Avenue, at the Pasadena Village Apartments which border a portion of Subject Tract 4250's north elevation. SUBJECT PHOTOGRAPHS View looking east at the eleven unit Subject Apartment complex at 15642 Pasadena Avenue. The roof line of the Arnold residence can be seen in the center of the photograph. .Y� h6m1' View of the northerly property line and the Mitchell residence abutting the apartment project. 71 I'm SUBJECT PROPERTY 1 TvR!G;"r-y .� -- __.. ..�__ . �......�.w..: a � •� - `fes � _ _ � � � .._ �.. ... Westerly view of the Subject Apartment Building, taken from between 15621 & 15631 Myrtle Avenue, owned by Mitchell & Arnold, respectively. Overhead utilities are also apparent in this photograph. N N C U , y N Q! N fA C om. 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TH �� '9 > _ MED SC J � ♦ ` �as'E9 PSP Q�'P 64 5 L't"'fes kC /� � ,C -- 4L �sc�?iT rR pF '`rFEn KENY TUS O Oti S/� 9F9 �r`�' = \�GFS� ? QJ<' !y♦G cfC , CQhY �C��\NO R ti09Ftr QIP �r P! c� �0 JE F9 �cp • !! `♦ � `c? � � : E` �\� +� `.t' �c 5 ^off � 104 � &4 c Mb �O/ c c` J r 'r ', ' :�'(C}7 S'+�°O ��� 9 ' aye �O'9 e s<' tt•` cP '9c' c� : �t,�•jt .� HS -)LX40 9 Y s� Eft. , �P �`r `\ p +4 4E p 0�' _CFP .Lam: a - ' i - P .Q ./ CF "Q ��SE. 4♦ r '4L P e� `c `o .Q?' ! P �- J ` � _ -l> Y_ 1 7 J T6Zsac- fS_ �Y4 ,r�Q .' p `gyp? {'r�::..'�o `a e: "sir' vo z` �1=Ee' 41L� __ -_ _ ` _SCP .� `� '.A�"•' `�� •'! ��F • �/. _s �1lOC�J /Ci'_ �!' � P � C �•c:.c •'iC, � P�`tl ••.; :•} : tivJ` !` 1{�/S� Ca Jt LEGEND== y P Q •:o, O P" -R°° _�`� ���:� Subject Tract 4250 tic r 90 0� 1 \ '_ 4179 =_ ``PC% 2 Tract 4334 Tract 4527 Tract 6484 RD T Market Data Ma p l t 2. N I CORL A kpr � 2 9 A, .03 t V v u 1A OID C DIL y U ,n r� W MEDAL L /ON AVENUE lk 60 2 x O AVENUE B� �s 12 15� 8 � it Subject Tract 4250 COMPARABLES U W 1 � . j ' - I z�•� c i z j i n � 1 i -,(C FADDEN f O ^ „ c ; N Z j' n N �o D MEDAL L /ON AVENUE lk 60 2 x O AVENUE B� �s 12 15� 8 � it Subject Tract 4250 COMPARABLES FIL 0 to Item 1A: 15661 Myrtle Avenue Backs to one story apartment buildings; sold 5/87 @ $142,000 �'��% �./,'„ ^^` : ""CYC .y � •-'' f ` t. jr- i Item 1B: 15661 California Street Adjoins other single family residences; sold 9/87 @ $147,000 7Q N ,I One bi��x removed from two-' -- ��V" lvryrtle Avenue story apartment complexes; sold :.�9190 @ $232 000 •s TRACT 4250 Item 2B: Abuts single family15701 Pacific Street residences; sold 9/90 @ $215,500 z 0 t � SAN ✓UAN -K � S77PE2r r x 1 •rt1• 11�/ As ifri tb Rol - o� ti . v ►�j � O 0 •' .1W 4A f, ANDREWS STREET t t LANCC vr- � LEAR LANE 40. V ,o •. �� y y y ' O I !. r, a BRYAN AV£NUFR� 12 a Tract 4334 LINLI Liu kirlf r"A Ilk LINLI Ilk e . `v.-.,'.g� `\tib' P v'2� � •V.- .�1�:AwOjai---------------------- •`� . 'iii.. �� �� . .r TRACT 4334 Item 4A: 1292 Andrews Street Backs to a two story apartment complex; sold 8/87 @ $162,900 R✓ `r o_. Vv�' Item 4B: 13631 Fielding Drive Adjoins other single family residences; sold 2/87 @ $15000 a m �y 2 JS btiq� Po it Cj AVENUE' ! --o— a a � �xti• sus.• sf � I� o0 ®a 40s _ i DEL AMO S AVEM.AF S A 41 •O' V fro • (X ] \ n 7 „s . `.� g M AMO N 7 n > O .•r qtr to N� e)� � w vd so. `C 4k 0 c0 C �Q3 ' f11 Q Q 0 CA.4FAX 'rr I CAAfAX � m � OR/VE t oar v� (� N O A— �® 0 0 w • 'o, 400 Or Oro°O �Uv4v 07.p U ~ b. 01 C4 � N ' 1 $ U1 w"' 6rir Mrrew wn pc+pnw,yR Nva Tract 4527 .e \ S i R V' a a � �xti• sus.• sf � I� o0 ®a 40s _ i DEL AMO S AVEM.AF S A 41 •O' V fro • (X ] \ n 7 „s . `.� g M AMO N 7 n > O .•r qtr to N� e)� � w vd so. `C 4k 0 c0 C �Q3 ' f11 Q Q 0 CA.4FAX 'rr I CAAfAX � m � OR/VE t oar v� (� N O A— �® 0 0 w • 'o, 400 Or Oro°O �Uv4v 07.p U ~ b. 01 C4 � N ' 1 $ U1 w"' 6rir Mrrew wn pc+pnw,yR Nva Tract 4527 .e 1 1 1 1 1 1 1 1 1 1 L. 1 TRACT 4527 Southwesterly view of the two story apartment building which abuts Item 5A- TRACT 4527 wk Item 5A: 1141 Mear Lane Backs to two story apartment building; sold 5/86 @ $139,500 Two story apartment building can be seen on the left. Item 5B: 1202 Mear Lane Backs to other single family residences; sold 5/86 @ $142,000 1 1 1 i 1 1 1 1 i 1 1 1 1 1 TRACT 4527 Item 6A: 1162 Drayton Way Backs to a two story apartment complex "Brighton Terrace"; Sold 1/90 @ $229,000 Item 6B: 1161 Drayton Way Backs to single family residences; sold 6/89 @ $220,000 .4A* I e SIL V£RBROOK w O N � N o N L n n SANDBROOK S DRI VE DR/V£ Tract 6484 a 2 � I� a, �C b I a� dth z o r N 6 I� C H A �R O I e SIL V£RBROOK w O N � N o N L n n SANDBROOK S DRI VE DR/V£ Tract 6484 'rRacr 6484 1 1 1 1 1 1 1 71, 1 1 1 1 1 i I I Easterly view of the "Avalon Townhouse Apartments" which abut Item 7A on Copperfield Drive. i 1 1 1 1 TRACT 6484 ' {�`� T rf'�i •�vt '�v ;� -�• k ... - t. �'r(7*n. a ,p f Item 7A: 1591 Copperfield Drive Backs to two story apartments within 60+ feet; "Avalon Townhouse Apartments" Sold 2/88 for $189,000 Item 7B: 1552 Copperfield Drive Backs to orchard; sold 11/87 @ $175.000 CERTIFICATION AND RESTRICTION UPON DISCLOSURE AND USE 11 ' The undersigned does hereby certify that, except as otherwise noted in this appraisal report: 1. I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. 2. I have no personal interest or bias with respect to the subject matter of this appraisal report or the parties involved. 3. The compensation received is not contingent upon any action or event resulting from the analyses, opinions, or conclusions in, or the use of, this report. 4. To the best of my knowledge and belief the statements of fact contained in this appraisal report, upon which the 'analyses, opinions and conclusions expressed herein are based, are true and correct. 5. The undersigned have made a personal inspection of the property that is the subject of this report except otherwise noted in the preceding transmittal letter. 6. This appraisal report sets forth all of the limiting conditions (imposed by the terms of my assignment or by the undersigned) affecting the analyses, opinions and conclusions contained in this report. 7. This appraisal report has been prepared in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Practice of the American Institute of Real Estate Appraisers of the National Association of Realtors. 8. No one other than the undersigned prepared the analyses, conclusions and opinions concerning real estate that are set forth in this appraisal report except as noted in the transmittal letter. 9. The use of this report is subject to the requirements of the American Institute of Real Estate Appraisers relating to review by its duly authorized representatives. 1 1 1 1 1 1 7-7 L 1 71 1 1 u 11 Ji 1 Pj CERTIFICATION AND RESTRICTION UPON DISCLOSURE AND USE (Cont.) 10. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected, or any reference to the American Institute of Real Estate Appraisers or to the MAI or RM designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without the prior written consent and approval of the undersigned. CONTINGENT AND LIMITING CONDITIONS UPON WHICH APPRAISAL IS MADE r This report is made. expressly subject to the contingent and limiting conditions, factors and I� assumptions herewith: I 1. That the vesting and legal description furnished this appraiser are correct. 2. That measurements and areas furnished by others are correct. No survey has been made for the purpose of this appraisal. 3. That the property is appraised as if free and clear of liens and that the title is good and merchantable. i 4. That no guarantee is made as to the correctness of estimates or opinions furnished ' by others which have been used in inal:ing this appraisal. 5. That no liabilities be assumed on account of inaccuracies in such estimates or opinions. 6. That no liability is assumed on account of matters of a legal nature, affecting this property, such as title defects, liens, encroachments, overlapping boundaries, etc. 7. That this appraisal is subject to review upon presentation of data which might be ' later made available, undisclosed or not available at this writing. 8. That the appraiser herein, by reason of this appraisal, is not required to give testimony or attendance in court or any governmental hearing with reference to the property in question, unless arrangements have previously been made therefore. ' 9. That the maps and exhibits found in this report are provided for reader reference P purposes only. No guarantee as to accuracy is expressed or implied. 10. That no responsibility is assumed by the appraiser for the existence of any hazardous or toxic wastes, nor for the determination of the costs of removal and/or disposal thereof. J 1 I EDUCATION JOHN C. DONAHUE, MAI QUALIFICATIONS & CLIENT REFERENCES Whittier College, B. A. Degree; 1958 University of California Extension Courses; 1959 & 1960 Southwestern Law University; 1963-1965 American Institute of Real Estate Courses; 1968-1978 Professional Seminars, Workshops & Refresher Courses; Ongoing MEMBER ' Member, American Institute of Real Estate Appraisers MAI Certificate No. 5998, designated in 1979 Currently Certified under the American Institute of Real Estate Appraisers Voluntary Continuing Education Program. _ International Right of Way Association EMPLOYMENT R W Agent, County r / g ty of Orange Right of Way Department, 1958-1959 Acquisition Agent, Land Acquisition Service, Inc. (Santa Ana), 1959-1963 ' Appraiser, United Appraisal Company, Inc. (Santa Ana), 1963-1965 Self Employed, John C. Donahue, Independent (Tustin), 1965-1969 Senior Partner, Donahue-LaMoureaux, a partnership (Tustin), 1970 Chairman, Donahue-LaMoureaux, Inc. (Tustin), 1971-1974 President/ Chairman, Donahue & Company, Inc. (Tustin, Santa Ana, Corona del Mar & San Francisco), 1975 - Present l 1 i 1 1 1 1 1 1 1 �l 1 1 1 1 F,' 1 INSTRUCTOR-LECTURER-SPEAKER/PANELIST Instructor, Norwalk -La Mirada Adult School Instructor, California State University Long Beach Lecturer, Riverside City College Speaker, National Association of Housing & Redevelopment Officials Speaker, Society of Real Estate Appraisers, Orange County Chapter Speaker, American Institute of Real Estate Appraisers Northern California Chapter No. 11 Southern California Chapter No. 5 Panelist, International Right of Way Association -Mock Trial QUALIFIED AS EXPERT WITNESS Los Angeles County Superior Courts Orange County Superior Courts Riverside County Superior Courts San Bernardino Superior Courts Federal Bankruptcy Courts Property Tax Appeals Boards CLIENT REFERENCES Public Public Utilities Commission Nevada District Court, Clark County, Nevada Department of Transportation, State of California (Caltrans & Legal) Department of Justice, State of California (Attorney General) Department of Water Resources, State of California County of Riverside (Flood Control & Water Conservation, Road & Parks) County of Orange (EMA-Real Estate, Transit District & County Counsel) County of Los Angeles (Flood, Real Estate, Community Dev. & County Counsel) Metropolitan Water District Southern California RTD Cities/Redevelopment Agencies Alhambra Brea Commerce Anaheim Burbank Compton Azusa Calapatria Corona Baldwin Park Cathedral City Costa Mesa Brawley Colton Covina 1 1 1 1 1 1 1 1 CLIE1\T REFERENCES (Cont.) Public - Cities/Redevelopment Agencies (Cont.) El Monte Fullerton Garden Grove Glendale Glendora Hawaiian Gardens Hawthorne Huntington Beach Inglewood Indio Irvine Lakewood La Palma Private Numerous; referrals upon request Corporate rAdohr Farms Loma Linda Allstate Insurance iBewley Atlantic Richfield (ARCO) Allen Cadillac Monterey Park Carley Group Moreno Valley Carl Karcher Ent. Circle K Norco Dreyfus Orange EPM t Exxon Pasadena Far West Management Perris General Motors Placentia General Residential Provo, Utah Gulf Oil -USA Rancho Cucamonga Koll Company Lewis Homes Mii-dt Lube Mobil Oil Pacific Lighting Properties Pacific Telesis (Pac Tel) La Mirada Redlands Loma Linda Riverside Long Beach San Clemente Monterey Park San Dimas Moreno Valley San Juan Capistrano Norco Santa Ana Orange Stanton Ontario Temple City Pasadena Tustin Perris Walnut Placentia West Covina Provo, Utah Whittier Rancho Cucamonga ,et al Reason Buick Santa Fe Industries Santa Fe Railroad Seven -Eleven Markets Shell Oii Southern Pacific Land Southern Pacific Transportation Co. Standard Oil State Farm Insurance Taco Bell Tektronix, Inc. Telacu Industries Temple Investment Thrifty Corporation Thdmas Brothers Trust Services of America (TSA) Union Oil Warner-Lambert Pharmaceutical Xerox Corporation ,et al 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 CLIENT REFERENCES (Cont.) Financial -Institutional Arlington College Bank of America Bank of Newport Beverly Hills Savings California Federal Savings & Loan California First Bank Chapman College Elwyn Institute FEIC Houlihan, Lokey, Howard & Zukin Jurupa Unified School Dist. Lake Elsinore School District Lawyers Title Manufacturers Bank Moreno Valley School District Attornevs-Professionals Albert E. Webb & Assoc. Allard, Shelton & O'Connor Allen, Matkins, Leck, Gamble & Mallow Astor & Phillips Best, Best & Krieger Norburt Bunt Burke, Williams & Sorenson Cheadle & Garrett Cooksey, Coleman & Howard Dolle & Dolle Farano & Kieviet Garvey, Ingram & Baker Goldrich & Kest Heumann & Singer Hosp, Lytle, Richard & Granieri Eugene Jacobs Kindel & Anderson Laskin & Graham 4 Newport National Bank Pasadena Unified School District Pomona Unified School District Riverside City Community College Santa Ana School District Salvation Army Santiago Commercial Bank Security Pacific Bank So. California First Nat'l. Bank South Pasadena School District Union Bank Val Verde School District Wells Fargo Bank Westlands Bank Westmount College ,et al McClintock, Kirwin, Benshoof & Rochefort NBS Lowry, Eng. Oliver, Stoever, Barr & Einboden O'Melveny & Myers Palmeri, Tyler, Wiener, Wilhelm & Waldron Parkinson, Wolf, Lazar & Leo Richards, Watson & Gershon Rutan & Tucker Norman H. Smedegaard Spray, Gould & Bowers James A. Stearman Sullivan, Workman & Dee Telanoff, Wallin, Kress & Dilkes Tomkins & Parrington Richard M. Wonder ,et al KEVIN J. DONAHUE APPRAISER QUALIFICATIONS & CLIENT REFERENCES EDUCATION Cal State Fullerton, presently enrolled; Business Major Orange Coast College, Costa Mesa, California; AA Degree December 1988 Mountain View H.S., Mesa, Arizona Professional Seminars Attended: * Easement Valuation; American Institute of Real Estate Appraisers, (January 1990) * Professional Writing Style In Appraisal Reports; American Institute of Real Estate Appraisers, (August 1989) EMPLOYMENT Donahue & Company, Inc., Corona del Mar, California 1986 -Present Staff Appraiser As a Staff Appraiser, Mr. Donahue has assisted in completing many varied assignments, including commercial, industrial, residential, and partial and full talcings relative to condemnation -type appraisals. Mr. Donahue is presently completing assignments independently. CLIENT REFERENCES - PARTIAL Public Department of Transportation, State of California Cal Trans Division Jurupa Community Services District, Riverside Santa Ana Unified School District, Santa Ana Cities /Redevelopment Agencies Anaheim Riverside Azusa Santa Ana Corona Santa Monica Havnhorne Yorba Linda Pasadena Private Numerous, referrals upon request EXHIBIT C SHADE AND SHADOW ANALYSIS Community Development Department Principals Rob Balen Les Card Jim Culver George Kurilko Carollvn Lobell Bill Mayer Ray Moe Rob Schonholtz Malcolm Sproul Associates Michael Cale Lyn Calerdine Connie Calica Gary Dow Kevin Fincher Steve Granholm --Richard Grassetti ger Harris .rt Homrighausen Robert Hrubes Gina Jurick Benson Lee Rob McCann Sabrina Nicholls Beth Padon Harrigene Perry Anthony Petros Amy Rudell Dean Williams Jill Wilson LSA. February 15, 1991 LSA Associates, Inc. Environmental Assc•:sme?7t _17-ntsportation En;incc ing Resource : i fa na�en7e71 t Cwmnunify Planning Environmental Restoration To: Christine Shingleton, Director of Community Development From: Rob Balen Subject: Shade/Shadow Analysis for Pasadena Apartments ISA Associates, Inc. has prepared a shade/shadow study for the Pasadena Apartments in the City of Tustin. The following is a discussion of the find- ings of the study. Exhibits are attached which illustrate these findings. SHADE/SHADOW STUDY OVERVIEW The study focussed on four single family residences fronting on Myrtle Street directly east of the Pasadena Apartment site, apartment buildings north of the site at 15622 Pasadena Avenue, apartment buildings south of the site at 15646 Pasadena and apartments due west of the site, across Pasadena Ave- nue. To determine potential impacts, ISA identified the shadow coverage associated with the summer and winter solstices, June 21 and December 21. These two dates represent the maximum range of shadows and provide the worst case scenario for determining shade/shadow impacts. For each sol- stice, two evening time periods were analyzed (as depicted on Exhibits 1 through 5) to determine the extent of shadow coverage and progression of shadow during each- time of year: 3:00 and 4:00 p.m. for the winter solstice, and 5:00 and 6:00 p.m. for the summer solstice (approximately two hours before sunset). During the remainder of daylight hours, before approximate- ly 2:45 winter and 5:00 summer, the project does not substantially affect property or the structures of 15611, 15621, 15631 and 15641 Myrtle Street. It should be noted that the time of sunset is 4:45 for December 21 and 7:00 for June 21. All adjacent properties will experience partial shading from the project in the evening or early morning hours. The study discusses both morning and evening effects. The study considered five criteria in establishing the level of significance of shade/shadow impacts to these properties. Each potentially 0Z/15/91(C0T101 *,SHINGLET.MEM) One Park Plaza,Suite 500 7elephone° 714 55.3-0666 Irvinc•, California 92714 F.icsimilc 714 553-8076 LSA Associates, Inc. affected property was reviewed for shade/shadow effects for 1) lot coverage, 2) structural coverage, 3) shadow duration/portion of day, 4) number of days affected, and 5) solar energy access for each structure. The worst case evening shadow impacts of the project will occur on June 21 for the residence at 15631 Myrtle and December 21 for the residence at 15611 Myrtle and the apartment buildings at 15622 Pasadena. The residence at 15621 Myrtle will be affected at both winter and summer solstices. The residence at 15641 Myrtle is only marginally affected during the summer solstice, after 6:00 p.m., as shadows elongate beyond those shown on the exhibits. Because the shadows after 6:00 p.m. are not of significant duration, and are only present close to sunset, they were not shown on the graphic exhibits. The apartment buildings across Pasadena Avenue are only marginal- ly affected by early morning shadow before 8:00 a.m., and no later than 8:30 a.m. For approximately 30 days before and after the solstices, the shadow effects of the project will be 90 to 100 percent of the shade coverage occurring at the solstice, the solstice being 100 percent. Once outside this 60 day time- frame, the amount of shade coverage associated with the project diminishes rapidly. For the balance of the year, the shade/shadow impacts of the project will be less than de�icted in Exhibit 1. It is important to note that the shad- ow from the project is marginal at 3:00 winter/5:00 summer due to the existence of the block wall. The shadow that the buildings throw at 3:00 winter/5:00 summer does not affect the yards of the residences on Myrtle Street due to the presence of the wall, as shown in Exhibit 2. All potentially effected surrounding structures are aligned in an "V shaped configuration or are in an east -west orientation, exposing portions of each structure to the sun, taking maximum advantage of solar heating opportuni- ties. Because of their orientation and uninterrupted solar access during winter for virtually all day for 15621 and 15631 Myrtle and 15642 Pasadena, and from sunrise through approximately 4:00 for 15611 Myrtle, the solar heat generating capability at each of these structures is unaffected. The apartment structures at 15622 Pasadena will have effective coverage of ap- proximately one-half of the roof before 7:30 a.m. and after 3:30 p.m. Visual inspection of each of the potentially affected structures and yards was per- formed to determine whether any solar heating devices were affected. None of the properties appear to have any such devices. The project does not substantially affect the existing solar coverage of the roofs of these structures, nor will the shadow coverage be extensive throug- hout the majority of any day for any time of year; therefore, there will be no significant shade/shadow impacts associated with the proposed project. 02/15/91(C0T101 %SHINGLET.MEM) 2 LSA Associates, Inc. Project Impacts Each of the properties was. examined for potential shade/shadow impacts separately. The findings of this analysis are provided below for each address. 15611 Myrtle Street As illustrated in Exhibit 1, this residence will only be affected by shadow coverage beginning shortly before 4:00 during the winter solstice. The pro- jected shadow will occur over approximately one-half of the backyard area, including the patio area, at 4:00. As the position of the sun continues to- wards sunset, the shadow depicted for 3:00 on Exhibit 1 will elongate and begin to extend up the side wall of the house, eventually reaching the roof at 4:00, as shown in Exhibit 2. This gradual progression of shadow coverage would be of one to one and one-quarter hour duration prior to sunset. This worst case situation would diminish to roughly 90 percent at 30 days past solstice, and then rapidly transition from partial shadow in February to no shadow approaching the summer solstice. 15621 Myrtle Strekt During the winter solstice, approximately one-third of the backyard will be affected by shadows at 3:00 p.m., and all of the backyard including patio area and approximately one-third of the roof would be affected at 4:00 p.m. The maximum shadow coverage would occur for approximately 75 minutes at the winter solstice. Impacts at this location would be less during the summer solstice, with one- half of the backyard affected by shadows at 5:00 p.m. The same amount of yard and less than one-quarter of the roof is affected at 6:00 p.m.. The maxi- mum shadow coverage would occur on one-third of the yard and one-third of the structure for up to two hours during the summer solstice. 15631 Myrtle Street This residence will not be affected by shadow at the winter solstice; however, there will be shadow coverage during the summer solstice. As shown in Ex- hibit xhibit 1, a small portion of the backyard at this location will have shadow coverage at 5:00 p.m., while almost the entire backyard and a varying, but small, portion of the structure (less than 20 percent) will be affected by shad- ows at 6:00 p.m.. This residence will be partially affected by shadow cover- age for up to two hours during the summer solstice. 02/15/'91(COT101=.SHINGLET.MEM) 3 LSA Associates, Inc. 15644 and 15646 Pasadena Avenue This property is only marginally affected during the month of June and early July. As indicated in Exhibit 1, a small portion of the structure (ten percent) at 15646 Pasadena is partially affected and a small portion of the parldng lot at the rear of the property is affected at the June 21 solstice. Exhibit 1 shows the relatively small area affected at the one day of the year of maximum effect Gune 21). Lessening amounts of shadow could be anticipated for approxi- mately three to four weeks before and after June 21, until there is no shadow falling on the property at all as the shadows rotate toward the northeast and northwest, away from this property. The structure at 15644 is affected in the same manner as 15646, only in the morning hour at 8:00 a.m. until approxi- mately 8:30 a.m., when the shadow falls only on the Pasadena Apartments property - Because of the relatively minor impact during the worst case period, and because the duration of this period is a maximum of six to eight weeks out of the year, there is no significant impact on the property. 15622 Pasadena Avenue 1 As shown on Exhibit 1, building W of the Pasadena apartments will cast shadow affecting 15622 Pasadena only during the winter months, beginning approximately in early November and lasting through February. The shadow affects occupied single story apartments at 15622 Pasadena and a driveway and parking structure to the east (rear) of the property during the late after- noon. In the early morning, these same apartments and the structure facing Pasadena Avenue would be in shadow at 8:00 a.m. and 9:00 a.m. During the months of March through October, the structures are in sunshine all day as the shadow rotates to the southeast in the evening and the southwest in the morning hours, away from this property (which is directly north of the Pasa- dena Apartment site). The worst case shadow effects begin at approximately 2:45 p.m. on Decem- ber 21. At 3:00 p.m., the shadow begins to partially affect the lower wall of the structure. The shadow gradually extends up the wall and eventually covers three of the four individual apartment entrances, and approximately half of the occupied apartment building. The parking structure at the rear of the property is approximately 40 percent covered in shadow. Properties on West Side of Pasadena Avenue The properties on the west side of Pasadena Avenue across the street from the the Pasadena Apartments are substantially farther away from the project and are separated from the project by Pasadena Avenue. The separation from the front of the closest Pasadena Apartment Building to the nearest 02/15/91(C0T101 %SHING=.MEM) 4 LSA Associates, Inc. apartment building is comprised of the following: 20 foot setback of Pasade- na Apartments, 60 foot right-of-way for Pasadena Avenue, 25 to 30 foot set- back of apartments buildings on the west side. Measurement of the total building separation from aerial photographs indicates that there is a total of 110 feet separation. Review of Exhibit 1 shows the length of shadow at 4:00 p.m., December 21 to be 130 feet. At 5:00 p.m., June 21, the length of shad- ow is 90 feet. These same shadows would appear to the northwest during the morning hours at 8:00 a.m., December 21, and to the west at 6:00 a.m., June 21. These shadow lengths would lessen as the sun rises. Because the maximum morning shadow cast is approximately 130 feet at the winter solstice (December 31) and covers mostly the front yard of the project and street areas, with a minor amount (20 feet maximum) of the shadow falling on the apartments across Pasadena Avenue, the relative impact is considered insignificant. Within 30 minutes, the morning shadow at 8:00 affecting the structures across Pasadena Avenue would be gone. Comparison of Current/Original Design As shown in Exhibits 2 through 5, the current project, which incorporates reduced structure heights for portions of Units 5, 6, 10 and 11, results in reduced shade/shadow impacts to the existing residences compared to the original design of the project. There are similar reductions in impacts during the summer solstice. The change in design from the original configuration substantially lessens the effects of shade./shadow on the four residences at 15611, 156212 15631 and 15461 Myrtle Street. 02/15/91(COT101,.SHINGLEr.MEM) 5 __ SHADOW CONSTRUCTION METHODOLOGY Shadow configurations were produced using graphic projection via solar path diagram methodology. To determine the solar path for any given day, three variables need to be determined: - Geographic orientation of structure to north/south axis - Angle of sun to horizon (altitude) - Angle of sun in relation to north/south axis (azimuth) These three variables can be obtained by taking information from a solar path diagram for the proper latitude (diagram #1) and applying it to a geometric equation (diagram #2). The altitude and azimuth angles obtained can then be projected on a plan and eleva- tion view of a structure to determine shadow length and shape (diagram #3). N� .uw1.Kw .OL.TICE _'ZOO, ON wNTCw .oLencc For the northern hemisphere, a shadow will always be longest on Dec. 21 (Winter Solstice; sun at its lowest arc on the horizon), and shortest on June 21 (Summer Solstice; sun at its highest arc on the horizon). SUN ANGLE /N ELEVATION ll a� c\ r B I BUILDING ORIENTATION x �\ I C GUN ANGLE IN PLAN S TRUE SOUTH Diagram #2 ,o. a ,o' - Diagram #1 ' � 11 I �II I II Diagram #3 MYRTLE AVE �D E' Q W Z�Z w W� �) �p N 11C V) N h l Q r^ 1 Q ♦1 ♦ �� W j % 1 C/) 1 ♦ 1 ♦ 1 i ♦ 1 ♦ r^ t � C/) F•�•� w lo Ile i ♦ �/ J 1 :❖:: ' Ls .; Z� 1 , llti l .•. l :• ❖:❖::'', N u 1 = ' _ Q • := N ♦ xxv - ♦ :%: ♦me. ovo 3 j::;;:;: •r;:•• • C L • .. cc U Vii:' v Q Im Z cn J 1 ,f PASADENA AVE « r _. M e---I MYRTLE AVE _ �D ' w WSW H� HOZ cn Z� 1 Q 44. ' i `+ C/) , % ►- A i % 1 C/)�W a C/) 1 , { 9 mai a+ r�r U I N i — I I PASADENA AVE z �= MYRTLE AVE I _ PASADENA AV � I � ►�"' N ��DU 4E, W WcnQ .OZ Q� cn 4-4W W � QW� �QC7 C,f)�� a O AP P RA I SAL R E P OR T of LAND AND IMPROVEMENTS Located at 15621 Myrtle Avenue Tustin, California 92680 Prepared For Mr. Feridoun-Rezai 203 Trojan Street Anaheim, California 92804 Prepared Jointly By: Fred W. Taylor The Taylor Co., Realtors 2139 Westwood Boulevard Los Angeles, California 90025 Caryl J. Goldstone Certification #6204 Caryl J. Goldstone & Associates 310 N. Crescent Drive, #305 Beverly Hills, California 90210 Appraisal No. 910310 THE TAYLOR CO., REA. jRS Appraisal Division 2139 Westwood Boulevard Los Angeles, CA 90025 Tel: 213/475-2529 Fax: 213/475-4469 i March 11, 1991 Mr. Feridoun-Rezai 203 Trojan Street Anaheim, CA 92804 CARYL J. GOLL. JNE & ASSOCIATES Appraisal Services 310 N. Crescent Drive, #305 Beverly Hills, CA 90210 Tel: 213/859-1220 RE: APPRAISAL OF LAND AND IMPROVEMENTS, 15621 MYRTLE AVENUE, TUSTIN, CALIFORNIA 92680 Dear Mr. Rezai: In answer to your request for an estimate of the market value for all of the real property being appraised as defined in this Report of' property owned by Lakbnda Mitchell, situated at the referenced address, I have examined the property, and submit herewith my estimate of market value as defined in.this Report. . IDENTITY OF THE PROPERTY: The property that is being appraised in this Report is the real property (land and improvements), situated at 15621 Myrtle Avenue, Tustin, California 92680 (Orange County Thomas -Guide, 23-E3). PURPOSE AND DATE OF APPRAISAL: The purpose of this appraisal is to estimate the "Diminution of Fair Market Value" of the real property (land and improvements) between the dates of September, 1989, and March 2, 1991, the date It Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 2 of this appraisal, with respect to the newly constructed apartment building located at 15642 Pasadena Avenue, Tustin, CA. DEFINITION OF MARKET VALUE: The value conclusions contained in this Report are based on the definition of market value as set forth by the (1) California Supreme Court; and (2) Federal Home Loan Bank Board's guidelines, American Institute of Real Estate Appraisers and the Society of Real Estate Appraisers, which is as follows: (1)• Market Value is the highest price, estimated in terms of money, which a property will bring if exposed in the open market, with a reasonable time allowed to find a purchaser, buying with full,knowledge of all the uses and purposes to which it is adApted, and for which it is capable of being used. (2). The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (a). buyer and seller are typically motivated;* (b) . both parties are well informed or well advised, and each acting in what he considers his own best interest; (c). a reasonable time is allowed for exposure in the open market. (d). payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 3 (e). the price represents the normal consideration for the property' sold unaffected by special or creative financing or sales concessions granted by any one associated with the sale. PROPERTY RIGHTS APPRAISED: The property rights appraised are those of a Fee Simple Estate. LEGAL DESCRIPTION: The site of the real property is legally described as follows: Lot 3, of Tract No. 4250 as recorded in Book 151, Pages 15 and 16 of Miscellaneous Maps in the office of the County Recorder, County of Orange, State of California. ~" (Also identified as Qrange County Assessor's Parcel 402- 384-03) . NEIGHBORHOOD'DESCRIPTION: The subject property is located within the incorporated City of . Tustin in the neighborhood being that area southerly of Interstate Highway 5 (Santa Ana Freeway) and easterly of State Highway .55 (Newport -Costa Mesa Freeway). The neighborhood has been fully developed for many years with a mixture of older, newer, remodeled and rebuilt single and multiple family residences. There is evidence of continuing development and reconstruction of residential and commercial properties in the neighborhood. Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 4 SCHOOLS: Elementary, Intermediate and High Schools are all within one mile of the Subject Property. (See Exhibit D for locations). PUBLIC TRANSPORTATION: Orange County Transit District provides public transportation through and near the neighborhood by bus lines 22, 60, 65, 66, 71 and 71A and Dial -A -Ride service ZONING: Current zoning of the property is City of Tustin SINGLE FAMILY RESIDENTIAL DISTRICT (R-1). The present use of the subject property was at the time of construction a permitted use under Tustin City Code 9223, and at the present time is a permitted use under said code. (See Exhibit C - City of Tustin Zoning Code, Section 9223, page LU-2-�8 et. seq.).. There is no information available or indication of any change to the General Plan that would affect the subject property. Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 5 HIGHEST AND BEST USE: The term is defined by the American Institute of Real Estate Appraisers as follows: "The most probable likely use to which a property can be put. That use to which the land may reasonably be expected to produce the greatest net return to land over a given period of time. That legal use which will yield to land the highest present value. Sometimes called optimum use." The Highest and Best use of the subject property is the present use as asingle family residence. PROPERTY DESCRIPTION: The property is an rectangular shaped parcel located on the westerly side of Myrtle Avenue, north of McFadden Street. At the subject property Myrtle Avenue is a fully improved single family 60 foot wide roadway, asphalt concrete residential street with concrete curbs, gutters, and sidewalks and landscaped parkways between the curb and sidewalk, terminating at a cul-de-sac approximately 150 feet north of the subject property. The land consists of one parcel containing 7,209± square feet, (see plat, Exhibit B, for shape and dimensions of land). The land is level with the street at the sidewalk, sloping upward approximately three It feet to the improvements, then level to the rear yard with drainage Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 6 1 to the front. The property is joined on the north and south by comparable single family residences of comparable size and quality and on the west by a new multiple family apartment building. All utilities are currently installed on the site. Electric and telephone service is supplied by above grade poles and lines located on a five foot easement at the rear property line. PROPERTY IMPROVEMENTS: n The land is improved with a seven room, single family three bedroom, two bath residence containing approximately 1,400 square feet of living area, plus a two car attached garage converted to living area. The building is one story, frame and stucco, . originally constructed in 1962 with the conversion of the garage to living area at a later date. (No building permit was found at the Building Department for the garage conversion). Outside improvements include an aluminum covered concrete paved patio, 51- 6' wood fencing on the north, south and westerly property lines, a 6' ornamental concrete block wall at the front set -back line, and a 6' x 6' metal storage shed on a concrete slab in the north side yard. The improvements appear to be in good condition and have been fairly well maintained, however, some of the interior improvements (as stated by the owner approximately $5,000.00), have been updated to current standards. The value thereof will be considered for the purpose of this appraisal. Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 7 MARKET APPROACH TO VALUE: The Market Approach to Value, sometimes called the Comparison 1 Approach to Value, is the only direct approach to market activity. The premises are located on a quiet, lightly traveled street, therefore comparables have been limited to recent sales of properties located witrhin the boundaries of the properties shown on Exhibit "B" in the area of the subject property. Three sales have been located which have been sold during 1990. The following h properties have been used; to establish current market value for the land and improvements of the subject property. SOLD RESIDENTIAL COMPARABLES ADDRESS' LAND PRICE DATE REMARKS 1) 15682 Myrtle Ave. 7,270' $205,000 9-90 $115.49/sf* 2) 15622 Myrtle Ave. 7,270' $232,000 9-90 $130.70/sf* 3 ) 15701 Pacific St. 7,2701 $215, 500 9-90 $151.23/sf* *Selling price of land and improvements. (See URAR Form, Exhibit F) _ The listed comparables are for properties near the subject property. Consideration has been given to: (i)the size of the land; (ii)the size of the improvements thereon; (iii)the age and condition of the improvements; (iv)the proximity to the Subject Property and the real property located at 15642 Pasadena Avenue, Tustin, CA, and, (v) the date of the sale. All adjusted sales prices average $133.37 per square foot for land and improvements Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 8 of the comparable sales, which indicates a value of the Subject Property of $186.718. COST APPROACH TO VALUE: The Cost Approach to Value is based on the principal that no one will pay more for an existing property than it would cost to replace or substitute the property with one of similar utility. The cost approach usually sets the upper limit of value unless the property is encumbered with a lease or other significant matters affecting the continued use of the property. Estimates of cost are based on cost per square foot, less any depreciation for age, obsolescence, condition, etc., of the improvements, plus land value. The improvements of the subject property are described in detail under PROPERTY IMPROVEMENTS of this Report. VALUE OF LAND AND IMPROVEMENTS: .COST APPROACH BY MARSHALL & SWIFT RESIDENTIAL ESTIMATOR: Property Owner Lakonda Mitchell Address 15621 Myrtle Avenue City, State, ZIP Tustin, CA 92680 Appraised By Fred W. Taylor and Caryl J. Goldstone Date of Survey March 2, 1991 Appraisal -Date March 2, 1991 Purpose of Appraisl: Diminution of Value Appraised For Feridoun-Rezai Single Family Residence Effective Age: 15 years Cost as of 3/91 Style: One Story Floor Area: 1,400 square feet Quality: Average Condition: Good Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 9 Exterior Wall: Stucco ---------------------------------------------------------------------- Units Cost Total Basic Square Foot Cost......... 1,400 35.70 49,980 Including 6 Plumbing Fixtures Built-up Rock. • ......... 1,400 1.35 1,890 Warmed and CooledAir......... 1,400 3.56 4,984 Quarry Tile ................... 140 7.99 1,119 Floor Cover. ................. 1,400 -.1.79 2,500 Wood subfloor................. 1,400 5.33 7,462 Appliance Allowance........... 1,400 1.65 2,310 Plumbing Fixture, Rough -In.... 1 310.00 310 Fireplace Single .............. 1 2425.00 2,425 Subtotal Basic Structure Cost.. ----------------------------------------------- 1,400 52.13 72,980 Gara ge : Attached Garage ............... --------------------------------------------------------------------- 480 15.97 7- 666 Extras: Site Improvements...... . 4,000 .Garage conversion to liv area. 5,000 Metal storage shed............ 300 Storage shed -slab..... ...... 300 New tile, baths & kitchen..... 5,015 Subtotal........... -•••••••••• --------------------------------------------- 14,615 Replacement Cost New........... -------------------------------------------- 1,400 68.04 95,261 Less Depreciation: Physical and Functional....... <13.5%> <12,860> Depreciated Cost ............... -------------------------------------------- 1,400 58.86 82,401 Miscellaneous: Land .......................... ------------------------------------------- - 100,000 Total.......................... --------------------------------------------------------------------- 1,400 130.29 182- 401 Improvements New as of 10/89 179,637 Cost.data by MARSHALL and SWIFT Rear and side yard landscaping is minimal. No lawn or shrubs. Wood fencing is adequate but not aesthetically attractive. Conversion of garage to living area may exclude some buyers. No permit on file in Building Department for garage conversion. Mature, bearing avocado tree in front yard. Front yard well landscaped. End of Cost Data by MARSHALL and SWIFT Residential Estimator. � 1 Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 111 1991 Page 10 ECONOMIC APPROACH TO VALUE: The Economic Approach to Value (income approach) utilizes the processed annual income that a property is expected to produce. This estimated net income is capitalized according to the prevailing rate of return on similar property or investments of comparable risk to indicate the price -an investor would be justified in paying for ownership of the property. The subject property is not the type normally used for rental income, which is judged to be not the Highest and Best use, therefore, no value will be given to the Economic Approach. DIMINUTION OF VALUE: The rear lot line of the Subject Property joins a portion the rear lot line of a newly constructed apartment building located at 15642 Pasadena Avenue, Tustin, CA. The northerly wing of said apartment building is approximately fifteen feet from the rear property line, separated from the Subject Property by a concrete block wall approximately eight feet high from the grade level of the Subject Property. (See photographs, Exhibit G). Northerly and southerly of the said apartment building, abutting on the property line of the Subject Property and adjoining properties, are car port type Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 11 garages serving multiple residential apartment buildings northerly and.southerly of the property located at 15642 Pasadena &Avenue. The newly constructed apartment building has no windows or other means of allowing any invasion of privacy of the Subject Property under ordinary and usual conditions without the use of some means of elevation above the existing grade. It is this Appraisers opinion that the physical characteristics and conformation of the Subject Property and said apartment building are no less desireable than property built side by side with windows facing windows or on terraced lots. ,Therefore, it is the opinion of these Appraisers that there is- no diminution (loss) of value of the Subject Property due to the construction and occupancy of said apartment building. CONCLUSION: After reviewing the immediate area, reviewing properties that have been on the market and sold; and properties that have not sold, taking into consideration the current market conditions relative to buyer demand, the existing use of the premises, it is this Appraiser's opinion that a prudent buyer would pay a price comparable to other property in the neighborhood. Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 12 SUMMARY OF VALUES: Market Value Approach: $186,718 Cost Approach to Value: (Land and Improvements.). $182,401 Economic Approach to Value: $ NA Therefore it is these Appraiser's opinion that the property in the present condition would bring a price approximating an average of the Market Value Approach and the Cost Approach to Value as set forth below. , FINAL ESTIMATE OF LAND AND IMPROVEMENTS: AS OF OCTOBER 1989: ONE HUNDRED EIGHTY THREE THOUSAND DOLLARS ($183,000) AS OF MARCH, 1991• ONE HUNDRED EIGHTY FOUR THOUSAND FIVE HUNDRED DOLLARS -($184,500) Respe fully submitted, W� �FreSj;�4 Taylor Pr sident, The T or Co. Caryl J. Go stone Caryl J. Goldstone & Associates FWT:ab:\wp\aprsl\mitchell.tus Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 13 ATTACHMENTS Certification Assumptions and Limiting Conditions Personal Qualifications of Fred W. Taylor Personal Qualifications of Caryl J. Goldstone Exhibit A - Arpa Map Exhibit B - Assessor's Plat Exhibit C - Tustin City Zoning Code Exhibit D - School Locations Exhibit E - Comparable Locations Exhibit F - Photographs End of Attachments Mitchell Appraisal 15621 Myrtle Avenue, March 11, 1991 Page 14 Tustin, CA CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this Report: 1. That the Appraiser has no present or contemplated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation for it, is contingent upon the appraised value of the property. 2. That the Appraiser has no personal interest in or bias with respect to the subject matter of the Appraisal Report or the participants to the sale. The "Estimate of Market Value" in the Appraisal Report is not based in whole or in part upon the race, color, or national origin of the prospective owners or occupants of the property appraised, or upon the race, color or national origin of the present owne�,s or occupants of the properties in the vicinity of the property appraised. 3. That the Appraiser has personally inspected the property, inside and outside, and has made an exterior inspectionof ball comparable sales listed in this Report'.. To the best of the Appraiser's knowledge and belief, all statements and information in this Report are true and correct, and the Appraiser has not knowingly withheld any significant information. 4. All contingent and limiting conditions are contained herein (imposed by the terms of the assignment and conclusions contained in the Report). 5. This Appraisal Report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the National Association of Realtors and the American Institute of Real Estate Appraisers. 6. All conclusions and opinions concerning the real estate that are set forth in the Appraisal Report were Appraiser whose signature a Prepared by the appears on the A change of any item in the A Appraisal Report. No Appraisal Report shall be made by anyone other than the Appraiser, and the Appraiser shall have no responsibility for any such unauthorized change. Dated: March 11, 1991 Fred W. aylor Caryl Goldstone Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 15 ASSUMPTIONS AND LIMITING CONDITIONS The certification of the Appraiser appearing in this Appraisal Report is subject to the following conditions as are set forth by the Appraiser in this Report. 1. The Appraiser assumes no responsibility for matters of a legal nature affecting the property or the title thereto, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised though under responsible ownership. 2. Any sketch in the Report may show approximate dimensions and is included to assist the reader in visualizing the property. The Appraiser has made no survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having made the appraisal with reference to the property in question, unless arrangements have been previously made therefore. 4. Any distribution of the valuation in the Report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil or structures, which would render it more or .less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. 6. Information, estimates and opinions furnished to the Appraiser, and contained in this Report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7. Disclosure of the contents of this Appraisal Report is governed by the Bylaws and Regulations of the professional organizations with which the Appraiser is affiliated. Mitchell Appraisal 15621 Myrtle Avenue, March 11, 1991 Page 16 Tustin, CA 8. Neither all, or any part of the content of this Report, or copy thereof (including conclusions as to the property value, the identity of the Appraiser, professional designations, reference to any professional organizations, or the firm with which the Appraiser is connected), shall be used for any purpose by anyone but the client specified in the Report, the borrower if the appraisal fee paid by same, the mortgagee or its successors and assigns, mortgage insurers, consultants, professional appraisal organizations, any state or federally approved financial institution, any department, agency, or instrumentality of the United States or any state or the District of Columbia, without the previous written consent of the Appraiser; nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales or other media, without the written consent of the Appraiser. 9. On all appraisals, subject to satisfactory completion, repairs, or alterations, the Appraisal Report and value conclusion are contingent upon completion of the improvements in a workmanlike manner. — Dated: March 11, 1991 Fr d .Taylor Caryl J. G ldstone Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 17 QUALIFICATIONS OF FRED W. TAYLOR, REALTOR MEMBER: Los Angeles Board of Realtors, 1954 to present. President 1980, Director, 1972 through 1987. Beverly Hills Board of Realtors, 1970 to present. San Fernando Valley Board of Realtors, 1976 to present. California Association of Realtors, 1954 to present; Director, 1972 to 1986; Regional Vice President, 1982. National Association of Realtors, 1954 to present. BUSINESS: Owner, President, The Taylor Co., Realtors, 1976 to present. Co-owner, Vice President, President, Wesley N. Taylor, Co., 1956 to 1976. General Partner, California Limited Partnerships owning and -- operating shopping centers and office buildings, 1960 to ' present Co-owner, real estate development and management company, 1960 to present. Co-owner, commercial store and office buildings, 1960 to present. Owner, commercial -retail store buildings, 1978 to present. Owner/co-owner several single family and small apartment buildings. PROFESSIONAL EXPERIENCE: Licensed as real estate broker since 1956 (salesman, 1954). Thirty seven years' experience: Appraising residential and business properties including simple, luxury and estate single family residences, residential income (apartment) properties including complexes containing up to 350 units, commercial retail and combination commercial retail, office and mixed use buildings, multi -story office buildings, small to medium community -size shopping centers, small to medium size industrial buildings; subdividing, developing, building, owning and managing community shopping centers, owning and managing commercial and office buildings; owning and managing a general real estate brokerage, property management and real estate appraisal business with a sales staff from 15 to 75 salespersons. Many appearances in Superior and Federal Courts as an expert witness, appearances before the Los Angeles County Appeals Board as an appraisal witness. Mitchell Appraisal 15621 Myrtle Avenue, Tustin, CA March 11, 1991 Page 18 CLIENTELE: Includes corporations, partnerships, builders, developers, subdividers, individual property owners, attorneys, receivers, banks, savings and loan associations, insurance companies, State of California, City of Los Angeles and County of Los Angeles. EDUCATION AND TRAINING: University of Missouri University of California at Los Angeles Advanced Appraisal courses at UCLA, School of Business Administration, 1966,1967, 1968. Marshall & Swift Residential Estimator Program, 1989 Marshall & Swift Commercial Estimator Program, 1989 Numerous seminars conducted by various Realtor Institutes and private parties. March 11, 1991 CARYL J. GOLDSTONE & ASSOCIATES 310 N. Crescent Drive 9305, Beverly Hills, CA 90210 (213) 859-1220 QUALIFICATIONS OF CARYL J. GOLDSTONE APPRAISAL EDUCATION: Principles & Techniques of R.E. Appraisal Realtors Principles of Real Estate Appraisal Practice of Real Estate Appraisal Farm and Land Appraisal Commercial & Investment Appraisal Writing the Narrative Appraisal Report Fundamentals of Business Appraising National Association of Lincoln Graduate Center Lincoln Graduate Center Lincoln Graduate Center Lincoln Graduate Center Lincoln Graduate Center Lincoln Graduate Center PROFESSIONAL MEMBERSHIPS: Member, National Association of Master Appraisers PROFESSIONAL DESIGNATIONS: Master Residential Appraiser, National' Association of Master Appraisers Master Farm & Land Appraiser, National Association of Master Appraisers Master Senior Appraiser, National Association of Master Appraisers Graduate Realtors Institute DEGREES: AA San Diego State College BA California Coast University MBA California Coast University BUSINESS -OTHER: Journalism Business/Real Estate/Finance Business/Real Estate/Finance Owner, Caryl J. Goldstone & Associates Sales Manager, Commercial Real Estate -Schreiber Realty Instructor, Appraisal Courses, Lincoln Graduate Center Licensed California Real Estate Broker CLIENT BASE: International, National, Corporate and Local References available upon request. March 11, 1991 m 4 .r N M P. W H a 0 w r' Hct .°; -4 (a w�,/ it E E E W 0 0 0 COIt .0 t M EXH 1 B IT g ' Cil' 8 ( Subject Property ) 0 �W 2 �I Z� 3 . J Std � e ' 9� l #.700 vd -7/Y 9 I] W U v S u U r 0 _ N an W u N W 0 Z EXH=BIT C TUSTIN CITY CODE ZONING 9222a2 4. Attached second residential units when lot is developed with a single-family resi- dence subject to a use permit and the following criteria: (a) The unit shall be attached to an existing residence and a part,of the living area of the existing dwelling (b) The added unit shall not exceed ten (10) percent of the gross floor area of the existing inhabitable living area, excluding garages and accessory buildings (c) Parking requirement: One (1) covered space (carport or garage) in addition to the two (2) garage spaces required for the primary residential unit (d) The applicant for a permit and occupant of one of the dwelling units shall be an owner -occupant and such restriction of occupancy shall be recorded on the prop- erty deed (Ord. No. 157, Sec. 4.3; Ord. No. 892, Sec. 2, 8-15.53) 9223 SINGLE FAMILY RESIDENTIAL DISTRICT (R.-1) a Permitted Uses and Development Standards In the Single Family Residential District (R-1) none but the following uses, or uses which " ti in the opinion of the Planning Commission are similar, will be allowed, subject to the development standards of this Chapter. 1. Single family dwellings (a) Maximum height: 30 feet (b) Minimum building site: 7,200 square feet ' (c) Minimum lot width at property line: 60 feet (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 20 feet (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet clear and unobstructed on rear V3 of lot (h) Minimum lot area per family unit: 7,200 square feet (i) Off-street parking: 2 car garage per dwelling. (Ord. No. 299, Sec. 2) 2. Accessory buildings only if constructed simultaneously with or subsequent to the main building on the same lot. (a) Maximum height: 20 feet (b) Minimum lot width at property line: 40 feet on cul-de-sacs at property line (c) Maximum lot coverage: 30 percent of rear yard (d) Minimum front yard setback: 50 feet (e) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet clear and and unobstructed on rear '6 of lot. 3. Accessory uses normally incidental to single family residences. This is not to be construed as permitting any commercial uses. (a) Minimum side yard setback: 1 foot (b) Minimum rear yard -setback: 1 foot except 5 feet required on an alley REV: 7-84 LU -2-8 1 TUSTIN CITY CODE ZONING . 9223a4 4. Day care homes for children. (Ord. No. 563) 5. Home occupations in accordance with this Chapter. (Ord. No. 330, Sec. 2a) 6. Large family day care homes, caring for seven (7) to twelve (12) children, are subject to the following regulations: (a) Prior to commencement of operation of any large family day care home, the applicant for a permit shall complete and submit an application to the. Commu- nity Development Department. Information provided on the permit shall in- clude: Name of operator; address of the home; and a list of property owners within a 100 foot radius of the exterior property boundary of the proposed day care home. (b) Large family day care homes shall be operated in a manner not exceeding the noise level in the Tustin Noise Ordinance, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. A day care home shall by design, location and layout avoid any potential noise which may constitute a nuisance to neighboring properties. (c) A permit shall not be granted for a large day care home that would be `estab- lished within 300 feet of the exterior property boundaries of any existing licensed large family day care home. (d) All property owners within a 100 foot radius of the exterior property boundary of a proposed large family day care home, as shown on the last equalized County assessment roll, shall be notified of the intent to establish such a home. (e) No hearing on the application for a permit shall be held by the Planning Com- mission unless a hearing is requested by the applicant or a property owner within a 100 foot radius of the exterior boundary of the proposed home. If no hearing is requested, the permit shall be granted if the large family day care home complies with the provisions of this Code. (f) Any day care home must comply with all regulations adopted and enforced by the State Fire Marshal and Orange County Fire Department. (g) The play yard of the home must be enclosed by a minimum six-foot high fence setback from the required front yard. (h) The Planning Commission shall not grant a permit for a large family day care home for any location that has on the property a swimming -pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted. (i) Any day care home must comply with the provisions of the State Uniform Building Code and City of Tustin Building requirements which apply to single family residences. (j) Any large day home must provide one (1) off-street parking space for each employee who is not a resident of the premises, and provide adequate drop-off and/or pick-up facilities on-site or immediately adjacent to the site as necessary to avoid interference with traffic and to promote the safety of children. (k) An applicant for a large family day care home shall be licensed or deemed to be exempt from licensure by the State of California as a large family day care home. REV: 1.88 LU -2-9 EXHIBT'r C TUSTIN CITY CODE ZONING 9223a6(1) (1) Nothing contained in the provisions of this amendment shall preclude the revo- cation for cause of any permit granted for a large family day care home following proceedings conducted by the Planning Commission to determine if said use is operated in a manner detrimental to the health, safety or welfare of the commu- nity or surrounding properties. (Ord. No. 911, Sec. 3, 5-21-84; Ord. No. 991, Sec. 2,8-3-87) b Conditionally Permitted Uses and Development Standards . 1. Second single family structure when lot area is minimum of 12,000 square feet, subject to use permit. (a) Maximum height: 30 feet (b) Minimum building site: 12,000 square feet (c) Minimum lot width at property line: Corner lot 70 feet; Interior lot 60 feet. (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 25 feet, unless otherwise indicated on Zoning Map (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 20 feet (h) Minimum lot area per family unit: 6,000 square feet (i) Off-street parking: 2 car garage per dwelling (Ord. No. 299, Sec. 2) 2. Churches, schools, parks, playgrounds, public utility and public and quasi -public buildings and uses, crop and tree farming; subject•to use permit. (a) Maximum height: 30 feet (b) Minimum building site: 20,000 square feet for churches, 5 acres for schools, public utility and other uses as specified in use permit. (c) Minimum lot width at property line: 100 feet (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 25 feet, unless otherwise indicated on Zoning Map (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 20 feet (h) Off-street parking: one (1) parking space for each three seats in churches or places of public assembly. 3. Accessory buildings used as guest rooms, providing no cooking facility is installed or maintained, subject to use permit. (a) Maximum height: 20 feet (b) Maximum lot coverage: 30 percent of rear yard (c) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning Map (d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (e) Minimum rear yard setback: 5 feet 4. Public or private parking lots for automobiles when adjacent to any "C" or "M" District and when properly landscaped, subject to use permit. (Ord. No. 157, Sec. 4.2) REV: 1-88 LU -2-10 \� PD XHIBIT D t A ,fn� ��• k School Locations) % 'r • _ •\` O Jif ri I- P&I c4-,rER PM P ° r.i R 3 / .� ` � � � � G(�`♦ `oft `" i (C2PC 2 P G�< G R 3lis ` R3 \ ' C 0 1i 1500. R 4 C 2 C,-, ,'C "+1 9.� : PD 9 \ ,C ' cy P" W ,1 OJ , , r ' 1'O may' , 'S'0 " / • . W, _aW�aaN 1 r ` , v< . MHP A C`� R3 +1750 c c� oAof— 9`u� cC' / I� C? • `\ A� R 3 IZ a �R 3° •oP�i° . �� 1 W .J A CV Cr lf50 1 ' Q. RI i Al R 3i" i ;+ ',Q '�, C _ L , - L o 400 \ , ;� ..Q� \ c c. 1;,, N S 9 O / '' 7 , vas /; r /. I -T IT r \ \ `- � � R3 � •, C-1 i r90 r R3 R3 SO C%05, 0 C 00 R 3 A�/ is `• p/,s�4.4�9\`"�r/,Q? / R 31� , G '�:��• �) �. Y�J ;4r, 4 'anti` �e � '• �1;, � 3A / nt 4 %.. �� ,p O 77 / '� A \ 600 A SO a 4 V. r- f l J /L O ' / t `rte J/ `'• `` fs ,:iPi o0 Q ,� �,, . 100 ? �0 C ('� 15 /`� ,C 1 / ^7/,`\• 9'iOt 3'i'! \, P��� ` e P 190 l`P^~t�/, r''• '• '`•,O* i , O� 'tor/ Q �i��v C\\' � l A _6 1. / \ ^t A �. . ! �0 �. A_ • c^.,1 LvL moo. - ,.� (S ��y•• Y � / •Qj�,�" 000Q41e: , r1 '7 •• FS` • ''''/' 1. ��, c o P<3' /O0O \ 2 � / O,p + CO40 `1 ro .�. � EXHIBIT E .g ( Comparable Properties) 0 . W u v W O HQO 0 • W V do tj — a .?nN-7A v F-2 N300 d.� �W A At ^• ti ti � � e .tt IA Q j a O h O «° u ? � -7nN-7,1 d r. t r - °t at r� V • b NO/77V03H 4 ,. A0 el V7800 AL .°'i CD c, W O z 10 h O h 2 v Valuation section . UNIFO' I ESIDENTIAL APPRAISAL 10RT Purpose of A (aisal is to estimate Market Wkle as d, Filo No. i the Certification b Statement 1lrW sates of rxof>ertres most s„n,wr arK7 J Wl"Irktiit• reflectuvj marmot reactrOn to those demS of b4itwfrcanl var,als in bt.-tw ren Itle subject wia conpag corrsrderecr eb'.11 u� the n►:xhut anal sis. Tlw duyc;r llrun u w. or rrxxe tavuraWc than, tlw Subject ,paraulr y r s a UWI:u re aopurty, a mows 1-1 aUusuM:nf BUILDING SKETCH (SHOW GROSS LIVING AREA ABIX of LimitingConditions. .DE) SUBJECT COMPARABLE NO t a wr Frock se mm; u f � &A". allow �Y � k�or carcu.aw.s CSTIMATED REPRODUu. _.� COST- NEW- OF IMPROVEMENTS: .pp,h cunumua .n trws apace Dwelling Sq. Ft. 4 $ 15621 Myrtle - 15701 P'aci-'fic St. ve.Tustin Ca.Tustin _. E X H f B I T Sq. Ft. kv $ F Extras COMPARABLE NO.3 15682 Myrtle Ave. URAR FORM) _ L Special Energy Efficient Items = Porches, Patios. etc. $0.00across $? 15 500 . Garage/Carpo( Sq. Ft. (i $ f rom_subject - - Total Estimated Cost New = $ _ - Physical Functional External Less . _ Depreciation$ ' . Depreciated Wlue of ovements Impr ..... .... _ $ —"" ' Site Imp. "as is" (driveway, landscaping, etc.) = $ ' • ESTIMATED SITE VALUE ................._...... (1( leasehold, show only leasehold value.) �- (Not Required by Freddie Mac and Fannie Mae) INDICATED VALUE it COST APPROACH .......... _ Dors property conform to applicable HUD/VA property standards? Yes Consifuctlon Vlfdfranly Yes No 0 Q No Name DF.SCRIPTIUI� , I -Is nawst„,er,t h No, explain: of Warranty Program i Mrranty Coverage Expires wWJdrsrgrlr;d has recrled three recent 1lrW sates of rxof>ertres most s„n,wr arK7 J Wl"Irktiit• reflectuvj marmot reactrOn to those demS of b4itwfrcanl var,als in bt.-tw ren Itle subject wia conpag corrsrderecr eb'.11 u� the n►:xhut anal sis. Tlw duyc;r llrun u w. or rrxxe tavuraWc than, tlw Subject ,paraulr y r s a UWI:u re aopurty, a mows 1-1 aUusuM:nf ej,ly i is made, thus rerluci fru, rnd,caluU value ort�sulf Cl. if a urtilw�nt term a rm, I,,j jAe srs iu" 10. i i,r loss favorapk, than, If�e Subject property. a plus r *1 adfusimentrIs m.rt]e, thus increasing file- u�rcaled value of the rp�ral,le is inlurrur to, ITEM SUBJECT COMPARABLE NO t supfecl. COMPARABLE N0.2 Address 15621 Myrtle - 15701 P'aci-'fic St. ve.Tustin Ca.Tustin 15622 Mytrle Ave. COMPARABLE NO.3 15682 Myrtle Ave. Pfoximity to Subject Ca. blocks from subject Tustin Ca. Tustin, Ca. Sales Price $0.00across $? 15 500 across from subject f rom_subject Price/Gross Liv. Area SO.00 R] $ 15 3.9 3 S 232, 000 �m�im nn�OS, 000 1B1JlllllllJll-- Ja� �-Source _ .Amer. Title . Amer_i_can Title Co. - $130.70 p 115.49 ADJUSTMENTS DESCRIPTION DESCRIPTION • l ►S �uti,,,urrrnt ata Quik RE Data, Inc Same DESCRIPTION or Financing ___ 193, 950 FHA $208, 750--- • I -I$ Aal�stnwfa DF.SCRIPTIUI� , I -Is nawst„,er,t ,uncessions 0 conventional 907 0 $184 500 :90% )are of Sale/Time - NM A 09-24-90 0 conventional loan conventional_ loan 0 :ucatlon v. Neiborhoo e ual 0 _09-26-90 0 09-05-90 ' 0 SiIe/view vera e 0 e ua 1 Corner +142A/; —- )- (16 8 8) a ua 1 0 )esign at,d Appeal; app_0 equal - e ua 1 0 Duality of Construction 0 :age e ua 1 0 equal . 0 r Yea s 0 equal 0 �oiidition - —Avirm ' 9 years 0 kt,uve Grade iuofn Count lura . Barons Gans iutul , aims . Batiks —� — A >ot°� • Barns . flans Aver,La.r---�. local 0 7 3 2 7 3 . fkfrrns , Gains _ gross Living Area 1400 Se. Ft. ____-_400 Sq. ft. ; 0 Sq�Ft. ; (28125) 8 S 2 1 0 ,asement & Finished Built up roc - - 1775 Sq.FI. ; luoras Below Grade roof/ None Composition 0 Composition : P 0 Composition ' unctional Utility Average e ual ' 0 ' ' 0 v:+ring/Cooling Avera e e ual 0 equal 0 equal 0 :araue/Carport C nverted F. R - Att. 2 car: -(5000) a cov, ----.------ equal 0 A pears Conv.; 0 equal ' p arches, Patio, pav •- concrete oats ; Att .-2 car ; - 5000 x,Is c1c ',ecwl Enefyy d fence shgLd________Doo 1 X11000 A rox e ual -P�—� a_ 0 rox a ual �------ �-' o 'Iiacnt Items None equal 0 equal 0 � - Ipl�ce(s) fireplace equal 0 ---; ---- equal _.eq—_ual—. p Ter (e.g. kitchen femudeGng) updated equal 0 -equal - -- -- ---- -:- ---- 0- ..-_ _ equal 0 equal 0 Value �.._ ,:cr I j t ��� in III 16,001 111r IMI �������II(lr -- - --- Ifimlrrfnrn�r'rmn�,�r►t- -- -- uurnunl5 oil Sales cullipalvaln: GICATEO VALUE It SALES COMPARISON APPRnACM $-19 9 , 500 Iflllllll(Illlll(llllllllll1111$ 20-1.875 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� 171, 875 '�fi: :. �w•.r•-ruY,... -.-•-•.•""�-aw .. -. t„�.;��..it�!�c.�,,,�+.kY�+Y.I�i�'7L�i•�r�'- 7��"y�� �., ... ._ - .. .. _ � A.� _' _.T"�i��,�� �,�„"-11nF+�'T`j ��-_ori TMdop r 'LI '�fi: :. �w•.r•-ruY,... -.-•-•.•""�-aw .. -. t„�.;��..it�!�c.�,,,�+.kY�+Y.I�i�'7L�i•�r�'- 7��"y�� �., ... ._ - .. .. _ � A.� _' _.T"�i��,�� �,�„"-11nF+�'T`j ��-_ori TMdop 71, .p ��iy� '��j�� i}�Y[z �4 �'.i tA� '�' a, s .,y.� �.. .,.s �, i SYv �.. .A�- ,�• t•. i:• �• � .r•�`+c 1( ,.ry �, 7r f4k � t� t v� a C✓V?r �iC •6�� Mitchell Appraisal, 15621 Myr' Avenue Tustin, CA. 92680 March 11, 1991 Subject Property, patio view PHOTOGRA - EXHIBIT G . Photo #910212 Subject Property, view from rear yard Photo # 910223 Mitchell Appraisal, 15621 M'-V.Lle avenue Tustin, CA. 92680 March 11, 1991 PHOTOGh,�.?HS - EXHIBIT G Subject Property, front street view-, Photo #910305 Subject Property, front view Photo # 910323 Mitchell 1 Appraisal, 15621 Myi 3 Avenue PHOTOGR. .S - EXHIBIT G Tustin, CA. 92680 March 11, 1991 15642 Pasadena Ave., rear yard, south. lox, � T - �' i t bra 15642 Pasadena Ave., rear south wing Photo #910207• Photo 4910208 s- 1 ' - - _ - _ � - �, �+iiKb'11�-ti�,1 v�+c.s�tri �•: -':•.. r-. +.h"t' �" ,r .� � ft .v` ��t sem: �* ���! ` ��'•!r� ��" . rf ~.'�_?[�c J" Mme,. ,�•���y'� � - .: � .� �.. 1 4 -lJ• _ q =_ c 5a��'4 ^s'� i.�'C�'�j1ty'�•y�►a..a..,, 1yv ' • %may ��c: _ ._ � _ r w ♦ � Vii' �:.,y:, �'� - _ _-ti, �•�� t. _l _ Mitchell Appraisal, 15621 MN -Le Avenue Tustin, CA. 92680 March 11, 1991 :l PHGTOG, HS - EXHIBIT G 15701 Pacific Ave., Comparable #1 Photo #910312• �,, __ _ - ,_�..-�=-•_'; �:::.:.:...-:._�:..::.�:::_•=.=fir_ _ _ - - - w yam.-. �.r.,�^.j...��;'er ^���+w'."�•�. 15622 Myrtle Ave., Comparable #2 Photo #910313 Mitchell Appraisal, 15621 M Tustin, CA. 92680 March 11, 1991 le Avenue PHOTO( 'HS - EXHIBIT G Olt _.. - .. " _.. .- .... �. ,r.•_ � `�G _io.�Ji►r�..s{�Y. .sem vy; i-�; "� t_•f�"aT�' +arra - 15682 Myrtle Ave., Comparable 43' Photo 4910314 AP P RA =SAL R E P OR T of LAND AND IMPROVEMENTS Located at 15631 Myrtle Avenue Tustin, California 92680 Prepared For Mr. Feridoun-Rezai 203 Trojan Street Anaheim, California 92804 Prepared Jointly By: Fred W. Taylor Caryl J. Goldstone The Taylor Co., Realtors Certification #6204 2139 Westwood Boulevard Caryl J. Goldstone Associates Los Angeles, California 90025 310 N. Crescent Drive, #305 Beverly Hills, California 90210 Appraisal No. 890911 THE TAYLOR -CO., RE `�RS Appraisal Division 2139 Westwood BouL rd Los Angeles, CA 90025 Tel: 213/475-2529 Fax: 213/475-4469 March 11, 1991 CARYL J. GO!"'NONE & ASSOCIATES ppraisal Service 310 N. C. ,cent Drive, #310 Beverly.Hills, CA 90210 213/859-1220 Mr. Feridoun-Rezai 203 Trojan Street Anaheim, CA 92804 RE: APPRAISAL OF LAND AND IMPROVEMENTS, 15631 MYRTLE AVENUE, TUSTIN, CALIFORNIA 92680 .Dear Mr. Rezai: In answer to your request for an estimate of the market value for all of the real property being appraised as defined in this Report of property owned by Kathleen Lois Arnold, situated at the referenced address, I have examined the property, and submit herewith my estimate of market value as defined in this Report. IDENTITY OF THE PROPERTY: The property that is being appraised in this Report is the real property (land and improvements), situated at 15631 Myrtle Avenue, Tustin, California 92680 (Orange County Thomas Guide, 23-E3). PURPOSE AND DATE OF APPRAISAL: The purpose of this appraisal is to estimate the "Diminution of Fair Market Value" of the real property (land and improvements) between the dates of October, 1989, and March 2, 1991, the date of this appraisal with respect to the newly constructed apartment building located at 15642 Pasadena Avenue, Tustin, CA. Arnold Appraisal 15631 Myrtle Avenin 2ustin, CA March 11, 1991 Page 2 DEFINITION OF MARKET VALUE: The value conclusions contained in this Report are based on the definition of market value as set forth by the (1) California Supreme Court; and (2) Federal Home Loan Bank Board's guidelines, American Institute of Real Estate Appraisers and the Society of Real Estate Appraisers, which is as follows: (1). Market Value is the highest price, estimated in terms of money, which a property will bring if exposed in the open market, with a reasonable time allowed to find a purchaser, buying with full knowledge of all the uses and purposes to which it is adapted, and for which it is capable of being used. (2). The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (a). buyer and seller are typically motivated; (b) . both parties are well informed or well advised, and each acting in what he considers his own .best interest; (c). a reasonable time is allowed for exposure in the open market. (d). payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and (e). the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by any one associated with the sale. PROPERTY RIGHTS APPRAISED: The property rights appraised are those of a Fee Simple Estate. Arnold Appraisal 15631 Myrtle Avenue, Tus, CA March 11, 1991 Page 3 LEGAL DESCRIPTION: The site of the real property is legally described as follows: Lot 4, of Tract No. 4250 as recorded in Book 151, Pages 15 and 16 of Miscellaneous Maps in the office of the County Recorder, County of Orange, State of California. (Also identified as Orange County Assessor's Parcel 402- 384-03). NEIGHBORHOOD DESCRIPTION: The subject property is located within the incorporated City of Tustin in the neighborhood being that area southerly of Interstate Highway 5 (Santa Ana Frgeway) and easterly of State Highway 55 (Newport -Costa Mesa Freeway). The neighborhood has been fully developed for many years with a mixture of older, newer, remodeled and rebuilt single and multiple family residences. There is evidence of continuing development and reconstruction of residential and commercial properties in the neighborhood. SCHOOLS: Elementary, Intermediate and High Schools are all within one mile of the Subject Property. (See Exhibit D for locations). PUBLIC TRANSPORTATION: Orange County Transit District provides public transportation through and near the neighborhood by bus lines 22, 601 65, 66, 71 and 71A and Dial -A -Ride service. Arnold Appraisal 15631 Myrtle Avenue, Tust CA March 11, 1991 Page 4 ZONING• Current zoning of the property is City of Tustin SINGLE FAMILY RESIDENTIAL DISTRICT (R-1). The present use of the subject property was at the time of construction a permitted use under Tustin City Code 9223, and at the present time is a permitted use under said code. (See Exhibit C - City of Tustin Zoning Code, Section 9223, page LU -2-8 et. seq.). There is no information available or indication of any change to the General Plan that would affect, the subject property. HIGHEST AND BEST USE: The term is defined by the American, Institute of Real Estate: Appraisers as follows: "The most probable likely use to which a property can be put. That use to which the land may reasonably be expected to produce the greatest net return to land over a given period of time. That legal use which will yield to land the highest present value. Sometimes called optimum use." The Highest and Best use of the subject property is the present use as a single family residence. ;: *gold Appraisal .5631 Myrtle Avenue, Tust ..arch 11 , 1991 .age 5 PROPERTY DESCRIPTION: CA l The property is a rectangular shaped parcel located on the westerly side of Myrtle Avenue, north of McFadden Street. At the subject property Myrtle Avenue is a fully improved single family 60 foot wide roadway, asphalt concrete residential street with concrete curbs, gutters, and sidewalks and landscaped parkways between the curb and sidewalk, terminating at a cul-de-sac approximately 200 feet north of the subject property. The land consists of one parcel containing 7,209± square feet, (see plat, Exhibit B, -for shape and dimensions of Iand). The land is level with the street at the sidewalk, sloping upward approximately three feet to the improvements, then level to the rear yard with drainage to the front. The property is joined on the north and south by comparable single family residences of comparable size and quality and on the west by a new.multiple family apartment building. All utilities are currently installed on the site. Electric and telephone service is supplied by above grade poles and lines located on a five foot easement at the rear property line. PROPERTY IMPROVEMENTS: The land is improved with a seven room, single family three bedroom, two bath residence containing approximately 1,568 square feet of living area, plus a two car attached garage. Arnold Appraisal pp al 15631 Myrtle Avenue, Tusk CA March 11, 1991 page 6 The building is one story, frame and stucco, originally constructed in 1962 with a swimming pool added at a later date. Outside improvements include an aluminum covered concrete paved patio, 51- 6' wood fencing -on the north, south and westerly property lines, a 6' x 8' metal storage shed on a concrete slab in the rear yard, a freeform swimming pool, approximately 15' x 30', pool stone decking and a stone paved patio area. The improvements appear to i be in good condition and have been fairly well maintained. The value thereof will be considered for the purpose of this appraisal. �^ MARKET APPROACH TO VALUE: The Market Approach to Value, sometimes called the Comparison;. 1 i Approach to Value, is the only direct approach to market activity. The premises are located on a quiet, lightly traveled street, therefore comparables have been limited to recent sales of properties located witrhin the boundaries of the properties shown on Exhibit."B" in the area of the subject property. Three sales have been located which have been sold during 1990. The following properties have been used to establish current market value for the land and improvements of the subject property. Arnold Appraisal 15631 Myrtle Avenub ustin, CA March 11, 1991 Page 7 SOLD RESIDENTIALC_OMPARABLES ADDRESS LAND PRICE DATE REMARKS 1) 15682 Myrtle Ave. 7,270' $205,000 9-90 $115.49/sf* 2) 15622 Myrtle Ave. 7,270' $232,000 9-90 $130.70/sf* 3 ) 15701 Pacific St. 7,2701 $215,500 9-90 $153.93/sf* *Selling price of land and improvements. (See URAR Form, Exhibit F) The listed comparables are for properties near the subject property. Consideration has been given to: (i)the size of the land;' (ii)the size of the improvements thereon;-(iii)the age and condition of the improvements; (iv)the proximity to the Subject Property and the real property located,at 15642 Pasadena Avenue,: Tustin, CA, and, (v) the date of the sale. All adjusted sales prices average $133.37 per square foot for land and improvements of the comparable sales, which indicates a value of the Subject Property of $209,124. COST APPROACH TO VALUE: The Cost Approach to Value is based on the principal that no one will pay more for an existing property than it would cost to replace or substitute the property with one of similar utility. The cost approach usually sets the upper limit of value unless the property is encumbered with a lease or other significant matters ;xnold Appraisal '5631 Myrtle Avenue, Tust CA uarch 11, 1991 ?age 8 affecting the continued use of the property. Estimates of cost are based on cost per square foot, less any depreciation for age, obsolescence, condition, etc., of the improvements, plus additional features and/or improvements and land value. The improvements of the subject property are described in detail under PROPERTY IMPROVEMENTS of this Report. VALUE OF LAND AND IMPROVEMENTS: COST APPROACH BY MARSHALL & SWIFT RESIDENTIAL ESTIMATOR: Property Owner Kathleen Lois Arnold Address 15631 Myrtle Avenue City, State, ZIP Tustin, CA 92680 Appraised By Fred W. Taylor and,Caryl J. Goldstone Date of Survey March 2, 1991 ' Appraisal Date March 2, 1991 Purpose of Appraisl: Diminution of Value Appraised For' : Feridoun-Rezai Single Family Residence Effective Age: 15 years Cost as of 3/91 Style: One Story Exterior Wall: Stucco Floor Area: 1,568 square feet Quality: Average Condition: Good -------------------------------------------------------- Units Cost Total Basic Square Foot Cost......... Including 8 Plumbing Fixtures 1,568 36.06 56,542 Composition Shingle........... Warmed and Cooled Air......... 1,568 1.19 1,866 Quarry Tile ................... 1,568 3.56 5,582 Floor Cover. 157 7.99 1,254 ............... �� Wood subfloor. 1,568 1.91 3,000 _ Appliance Allowance. .. 1,568 5.33 8,357 Plumbing Fixture, Rough-In.... 1,568 1.47 2,305 Fireplace Single 1 310.00 310 .............. Subtotal Basic Structure Cost.. 1 1- 568 2425.00 2,425 ---------------------------------------------------_------- 5207 81,641 Arnold Appraisal 15631 Myrtle Avenue, Tusi CA March 11, 1991 page 9 Garage: Attached Garage ............... 480 15.81 7,589 ---------------------------------------------------------------------- Extras: Site Improvements ............. 5,000 Swimming pool ................. 11,000 Pool decking....... ... .... 4,000 Metal storage shed............ 400 Patio decking ................. 1,500 Subtotal ...................... 21,900 ---------------------------------------------------------------------- Replacement Cost New........... 1,568 70.87 111,130 ---------------------------------------------------------------------- Less Depreciation: Physical and Functional....... <13.5%> <15,003>::. Depreciated Cost .............. 1,568 61.31 96,127 ---------------------------------------------------------------------- Miscellaneous:. Land ........................... 100,000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - l ------------------------------ Total----------------------------- Total .......................... 1,568 125.08 196,127 ---------------------------------------------------------------------- Improvements New as of 10/89 193,156 Cost data by MARSHALL and SWIFT Front and side yard well landscaped. _ Additional masonry work in front yard and stone trim on front. Entire rear yard is improved with pool, stone pool decking and patio area. End of Cost Data by MARSHALL and SWIFT Residential Estimator. ECONOMIC APPROACH TO VALUE: The Economic Approach to Value (income approach) utilizes the processed annual income that a property is expected to produce. Arnold Appraisal 15631 Myrtle Avenue, Tust, ,'CA March 11, 1991 page 10 This estimated net income is capitalized according to the prevailing rate of return on similar property or investments of comparable risk to indicate the price an investor would be justified in paying for ownership of the property. The subject property is not the type normally used for rental income, which is judged to be not the Highest and Best use, therefore, no value will be given to the Economic Approach. DIMINUTION OF VALUE: The rear lot line of the Subject Property joins a portion the rear lot line of a newly constructed apartment building located at 15642 Pasadena Avenue, Tustin, CA. The southerly wing of said apartment': building is approximately thirty feet from the rear property line, separated from the Subject Property by a concrete block wall approximately eight feet high from the grade level of the Subject Property. (See photographs, Exhibit G). Northerly and southerly of the said apartment building, abutting on the property line of the Subject Property and adjoining properties, are car port type garages serving multiple residential apartment buildings northerly and southerly of the property located at 15642 Pasadena Avenue. The newly constructed apartment building has no windows or other means of allowing any invasion of privacy of the Subject Property under ordinary and usual conditions without the use of some means Arnold Appraisal 15631 Myrtle Avenue, Tus, CA March 11, 1991 page 11 of elevation above the existing grade. It is this Appraisers opinion that the physical characteristics and conformation of the Subject Property and said apartment building are no less desireable i than property built side by side with windows facing windows or on terraced lots. Therefore, it is the opinion of these Appraisers that there is no diminution (loss) of value of the Subject Property due to the construction and occupancy of said apartment building. CONCLUSION: After reviewing the immediate area, reviewing properties that have been on the market and sold; and properties that have not sold taking into consideration the current market conditions relative to buyer demand, the existing use of the premises, it is this Appraiser's opinion that a prudent buyer would pay a price comparable to other property in the neighborhood. SUMMARY OF VALUES: Market Value Approach: $209,124 Cost Approach to Value: (Land and Improvements) $196,127 Economic Approach to Value: $ NA Arnold Appraisal 15631 Myrtle Avenue March 111 1991 Page 12 Tustin, CA Therefore it is these Appraiser's opinion that the property in the Present condition would bring a price approximating an average of the Market Value Approach and the Cost Approach to Value as set forth below. FINAL ESTIMATE OF LAND AND IMPROVEMENTS: AS OF OCTOBER, 1989• ONE HUNDRED NINETY NINE THOUSAND FIVE HUNDRED ($199,500) AS OF MARCH, 1991: TWO HUNDRED TWO THOUSAND FIVE HUNDRED DOLLARS ($202,500) Respectfully submitted, W Fre�lo y r Prqfsident, The Tay or Co. Caryl J. Go stone Caryl J. Goldstone & Associates FWT:ab:\wp\aprsl\arnold.tus Arnold Appraisal 15631 Myrtle Avenue, Tust� CA March 11, 1991 page 13 ATTACHMENTS Certification Assumptions and Limiting Conditions Personal Qualifications of Fred W. Taylor Personal Qualifications of Caryl J. Goldstone Exhibit A - Area Map Exhibit B - Assessor's Plat Exhibit C - Tustin City Zoning Code Exhibit D - School Locations Exhibit E - Comparable Locations Exhibit F - URAR Appraisal Form Exhibit G - Photographs End of Attachments Arnold Appraisal PPraisal 15631 1yrtle�91venue, Tusti, CA March page 14 ASSUMPTIONS AND LIMITING CONDITIONS The certification of the Appraiser appearing in this Appraisal Report is subject to the following conditions as are set forth by the Appraiser in this Report. 1. The Appraiser assumes no responsibility for matters of a legal nature affecting the property -or the title thereto, nor does the Appraiser render any opinion as to the title, which is assumed to be good and marketable. The property is appraised though under responsible ownership. 2. - Any sketch in the Report may show approximate dimensions and is included to assist the reader in visualizing the property. The Appraiser has made no survey of the property. 3. The Appraiser is not required to give testimony or appear in court because of having Made the appraisal with reference to the property in question, unless arrangements have been previously made therefore. 4. Any distribution of the valuation in the Report between land and improvements applies only under the existing program of utilization. The separate valuations for land and building must not be used in conjunction with any other appraisal and are invalid if so used. 5. The Appraiser assumes that there are no hidden or unapparent conditions of the property, subsoil or structures, which would render it more or less valuable. The Appraiser assumes no responsibility for such conditions, or for engineering which might be required to discover such factors. _ 6. Information, estimates and opinions furnished to the Appraiser, and contained in this Report, were obtained from sources considered reliable and believed to be true and correct. However, no responsibility for accuracy of such items furnished the Appraiser can be assumed by the Appraiser. 7. Disclosure of the contents of this Appraisal Report is governed by the Bylaws and Regulations of the professional organizations with which the Appraiser is affiliated. Arnold Appraisal 15631 Myrtle Avenue, March 11, 1991 page 15 Tust- , CA 8. Neither all, or any part of the content of this Report, or copy thereof (including conclusions as to the property value, the identity of the Appraiser, professional designations, reference to any professional organizations, or the firm with which the Appraiser is connected), shall be used for any purpose by anyone but the client specified in the Report, the borrower if the appraisal fee paid by same, the mortgagee or its successors and assigns, mortgage insurers, consultants, professional appraisal organizations, any state or federally approved financial institution, any department, agency, or instrumentality of the United States or any state or the District of Columbia, without the previous written consent of the Appraiser; nor shall it be conveyed by anyone to the public through advertising, public relations, news, sales or other media, without the written consent of the Appraiser. 9. On all appraisals, subject to satisfactory completion, repairs, or alterations, the Appraisal Report and value conclusion are contingent upon compl6tion of the improvements in a workmanlike manner. Dated: March 11, 1991 Fred. Taylor Caryl K.G one Arnold Appraisal 15631 Myrtle Avenue, Tusti._, CA March 11, 1991 page 16 CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this Report: 1. That the Appraiser has no present or contemplated future interest in the property appraised; and neither the employment to make the appraisal, nor the compensation for it, is contingent upon the appraised value of the property. 2. That the Appraiser has no personal interest in or bias with respect to the subject matter of the Appraisal Report or the participants to the sale. The "Estimate of Market Value" in the Appraisal Report is not based in whole or in part upon the race, color, or national origin of the prospective owners or occupants of the property appraised, or upon the race, color or national origin of the present owners or occupants of the properties in the vicinity of the -property appraised. 3. That the Appraiser has personally inspected the property, both inside and outside, and has made an exterior inspection of all comparable sales listed in this Report. To the best of the Appraiser's knowledge and belief, all statements and information '. in this Report are true and correct, and the Appraiser has not knowingly withheld any significant information. 4. All contingent and limiting conditions are contained herein (imposed by the terms of the assignment and conclusions contained in the Report). 5. This Appraisal Report has been made in conformity with and is subject to the requirements of. the Code of Professional 'Ethics and Standards of Professional Conduct of the National Association of Realtors and the American Institute of Real Estate Appraisers. 6. All conclusions and opinions concerning the real estate that are set forth in the Appraisal Report were prepared by the Appraiser whose signature appears on the Appraisal Report. No change of any item in the Appraisal Report shall be made by anyone other than the Appraiser, and the Appraiser shall have no responsibility for any such unauthorized change. Dated: March 11, 1991 Fr W. ayloF Caryl Goldstone Arnold Appraisal 15631 Myrtle'Avenue, Tust. CA March 11, 1991 Page 17 QUALIFICATIONS OF FRED W TAYLOR, REALTOR MEMBER: Los Angeles Board of Realtors, 1954 to present. President 1980, Director, 1972 through 1987. Beverly Hills Board of Realtors, 1970 to present. San Fernando Valley Board of Realtors, 1976 to present. California Association of Realtors, 1954 to present; Director, 1972 to 1986; Regional Vice President, 1982. National Association of Realtors, 1954 to present. BUSINESS: Owner, President, The Taylor Co., Realtors, 1976 to present. Co-owner, Vice President,'President, Wesley N. Taylor, Co., 1956 to 1976. General Partner, California Limited Partnerships owning and operating shopping centers and office buildings, 1960 to present Co-owner, real estate development and management company, 1960 to present. Co-owner, commercial store and office buildings, 1960 to present. Owner, commercial -retail store buildings, 1978 to present. Owner/co-owner several single family and small apartment buildings. PROFESSIONAL EXPERIENCE: Licensed as real estate broker since 1956 (salesman, 1954). Thirty seven years' experience: Appraising residential and business properties including simple, luxury and estate single family residences, residential income (apartment) properties including complexes containing up to 350 units, commercial retail and combination commercial retail, office and mixed use buildings, multi -story office buildings, small to medium community -size shopping centers, small to medium size industrial buildings; subdividing, developing, building, owning and managing community shopping centers, owning and managing commercial and office buildings; owning and managing a general real estate brokerage, property management and real estate appraisal business with a sales staff from 15 to 75 salespersons. Many appearances in Superior and Federal Courts as an expert witness, appearances before the Los Angeles County Appeals Board as an appraisal witness. Arnold Appraisal 15631 Myrtle Avenue, Tust, CA March 11, 1991 page 18 CLIENTELE: Includes corporations, partnerships, builders, developers, subdividers, individual property owners, attorneys, receivers, banks, savings and loan associations, insurance companies, State of California, City of Los Angeles and County of Los Angeles. EDUCATION AND TRAINING: University of Missouri University of California at Los Angeles Advanced Appraisal courses at UCLA, School of Business Administration, 1966,1967, 1968. Marshall & Swift Residential Estimator Program, 1989 Marshall & Swift Commercial Estimator Program, 1989 Numerous seminars conducted by various Realtor Institutes and private parties. March 11, 1991 CARYL J. GOLDSTONE & ASSOCIATES 310 N. Crescent Drive #305, Beverly Hills, CA 90210 (213) 859-1220 QUALIFICATIONS OF CARYL J. GOLDSTONE APPRAISAL EDUCATION: Principles & Techniques of R.E. Appraisal Realtors Principles of Real Estate Appraisal Practice of Real Estate Appraisal Farm and Land Appraisal Commercial & Investment Appraisal Writing the Narrative Appraisal Report Fundamentals of Business Appraising PROFESSIONAL MEMBERSHIPS,: National Association of Lincoln Graduate Center Lincoln Graduate Center Lincoln Graduate Center Lincoln Graduate Center Lincoln Graduate Center Lincoln Graduate -Center h Member, National Association of Master Appraisers PROFESSIONAL DESIGNATIONS: Master Residential Appraiser, National Association of Master. Appraisers Master Farm & Land Appraiser, National Association of Master Appraisers Master Senior Appraiser, National Association of Master Appraisers Graduate Realtors Institute DEGREES: AA San Diego State College BA California Coast University MBA California Coast University BUSINESS -OTHER: Journalism Business/Real.Estate/Finance Business/Real Estate/Finance I Owner, Caryl J. Goldstone & Associates Sales Manager, Commercial Real Estate -Schreiber Realty i Instructor, Appraisal Courses, Lincoln Graduate Center Licensed California Real Estate Broker CLIENT BASE: International, National, Corporate and Local References available upon request. j March 11, 1991 dvw v 33S F�� C >4 F N fh 0 a d fy fu H F cU c, r, M U ►. w l4 b.-4 w cC cc fC X a EQ. E E =D 0 0 0 C E �? EXHIBIT g 0 8 ( Subject Property) 3nN3A d 4tF � 0 L G ' k O r � 14 A01 � Q O , � Al 001 A01 O O � J O O ' 3 41 001 •o o• a - t O • • .•1I�ov1 o = . w .. O .14 001 O n • O o •� ' .1, 001 • � O h ... •001 ti •S,'ool .� h N3OO d3.7H q El W u � z u v N t •�' O r_ w k z H N w O z V r � A01 A01 Q O , � v • m O 2 O O ' 3 •o o• a - N3OO d3.7H q El W u � z u v N t •�' O r_ w k z H N w O z TT ISTIN CITY CODE EXH=B=T C ZONING 9222a2 4. Attached second residential units when lot is developed with a single-family resi- dence subject to a use permit and the following criteria: (a) The unit shall be attached to an existing residence and a part,of the living area of the existing dwelling (b) The added unit shall not exceed ten (10) percent of the gross floor area of the existing inhabitable living area, excluding garages and accessory buildings (c) Parking requirement: One (1) covered space (carport or garage) in addition to the two (2) garage spaces required for the primary residential unit (d) The applicant for a permit and occupant of one of the dwelling units shall be an owner -occupant and such restriction of occupancy shall be recorded on the prop- erty deed , (Ord. No. 157, Sec. 4.3; Ord. No. 892, Sec. 2, 8-15-83) 9223 SINGLE FAMILY RESIDENTIAL DISTRICT (R-1) a Permitted Uses and Development Standards In the Single Family Residential District (R.-1) none but the following uses, or uses which in the opinion of the Planning C,ommission are similar, will be allowed, subject to the development standards of this Chapter. 1. Single family dwellings (a) Maximum height: 30 feet (b) Minimum building site: 7,200 square feet (c) Minimum lot width at property line: 60 feet (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 20 feet (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet clear and unobstructed on rear 16 of lot (h) Minimum lot area per family unit: 7,200 square feet (i) Off-street parking: 2 car garage per dwelling. (Ord. No. 299, Sec. 2) 2. Accessory buildings only if constructed simultaneously with or subsequent to the main building on the same lot. (a) Maximum height: 20 feet (b) Minimum lot width at property line: 40 feet on cul-de-sacs at property line (c) Maximum lot coverage: 30 percent of rear yard (d) Minimum front yard setback: 50 feet (e) Minimum rear yard setback: 5 feet, but not less than 1,000 square feet clear and and unobstructed on rear % of lot. 3. Accessory uses normally incidental to single family residences. This is not to be construed as permitting any commercial uses. (a) Minimum side yard setback: 1 foot (b) Minimum rear yard_setback:.1 foot except 5 feet required on an alley REV: 7-84 LU -2-8 EXHIBIT C TUSTIN CITY CODE ZONING 9223a4 4. Day care homes for children. (Ord. No. 563) 5. Home occupations in accordance with this Chapter. (Ord. No. 334, Sec. 2a) 6. Large family day care homes, caring for seven (7) to twelve (12) children, are subject to the following regulations: (a) Prior to commencement of operation of any large family day care home, the applicant for a permit shall complete and submit an application to the Commu- nity Development Department. Information provided on the permit shall in- clude: Name of operator; address of the home; and a list of property owners within a 100 foot radius of the exterior property boundary of the proposed day care home. (b) Large family day care homes shall be operated in a manner not exceeding the noise level in the Tustin Noise Ordinance, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. A day care home shall by design, location and layout avoid any potential noise which may constitute a nuisance to neighboring properties. (c) A permit shall not be granted for a large day care home that would be estab- lished within 300 feet of the exterior property boundaries of any existing licensed large family day care home. (d) All property owners within a 100 foot radius of the exterior property boundary of a proposed large family day care home, as shown on the last equalized County • , assessment roll, shall be notified of the intent to establish such a home. (e) No hearing on the application for a permit shall be held by the Planning Com- mission unless a hearing is requested by the applicant or a property owner within a 100 foot radius of the exterior boundary of the proposed home. If no hearing is requested, the permit shall be granted if the large family day care home complies with the provisions of this Code. (fl Any day care home must comply with all regulations adopted and enforced by the State Fire Marshal and Orange County Fire Department. (g) The play yard of the home must be enclosed by a minimum six-foot high fence setback from the required front yard. (h) The Planning Commission shall not grant a permit for a large family day care home for any location that has on the property a swimming -pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted. (i) Any day care home must comply with the provisions of the State Uniform Building Code and City of Tustin Building requirements which apply to single family residences. (j) Any large day home must provide one (1) off-street parking space for each employee who is not a resident of the premises, and provide adequate drop-off and/or pick-up facilities on-site or immediately adjacent to the site as necessary to avoid interference with traffic and to promote the safety of children. (k) An applicant for a large family day care home shall be licensed or deemed to be exempt from licensure by the State of California as a large family day care home. REV: 1-88 LU -2-9 EXH=B=T C � TUSTIN CITY CODE ZONING 9223a6(1) (1) Nothing contained in the provisions of this amendment shall preclude the revo- cation for cause of any permit granted for a large family day care home following proceedings conducted by the Planning Commission to determine if said use is operated in a manner detrimental to the health, safety or welfare of the commu- nity or surrounding properties. (Ord. No. 911, Sec. 3, 5-21-84; Ord. No. 991, Sec. 2,8-3-87) b Conditionally Permitted Uses and Development Standards 1. Second single family structure when lot area is minimum of 12,000 square feet, subject to use permit. (a) Maximum height: 30 feet ' (b) Minimum building site: 12,000 square feet . (c) Minimum lot width at property line: Corner lot 70 feet; Interior lot 60 feet. (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 25 feet, unless otherwise indicated on Zoning Map (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 20 feet (h) Minimum lot area per family unit: 6,000 square feet (i) Off-street parking: 2 car garage per dwelling (Ord. No. 299, Sec. 2) 2. Churches, schools, parks, playgrounds, public utility and public and quasi -public buildings and uses, crop and tree farming; subject to use permit. (a) Maximum height: 30 feet (b) Minimum building site: 20,000 square feet for churches, 5 acres for schools, public utility and other uses as specified in use permit. (c) Minimum lot width at property line: 100 feet (d) Maximum lot coverage: 40 percent (e) Minimum front yard setback: 25 feet, unless otherwise indicated on Zoning Map (f) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (g) Minimum rear yard setback: 20 feet (h) Off-street parking: one (1) parking space for each three feats in churches or places of public assembly. 3. Accessory buildings used as guest rooms, providing no cooking facility is installed or maintained, subject to use permit. (a) Maximum height: 20 feet (b) Maximum lot coverage: 30 percent of rear yard (c) Minimum front yard setback: 50 feet, unless otherwise indicated on Zoning Map (d) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet (e) Minimum rear yard setback: 5 feet 4. Public or private parking lots for automobiles when adjacent to any "C" or "M" District and when properly landscaped, subject to use permit. (Ord. No. 157, Sec. 4.2) REV: 1-88 LU -2-10 t/ PD "A � O r (School Locations) �J P&i PM �= p - •i ^ J ��` C? r10 / tiO ;7#` < t C 2 P .0 2 P 3 QG R % 9 R4 c �.: 1500. � C 2 �'�\`' c+4, 00 C> caa; As C j �l , r i MHP - A - R 3 C„) 1750 C11141 0 A., ' 1 N 1 50 p� /O l G `'r, �� 9� �i cc -% ,i C 1p o I Ia, ;o G o E PO ; 9/ ` �� LU •rznnta UD SZ \` " /�' `t1 nQ O� JC, C. �I7000 fN C 1 j90 9 j� ,/ I 4Z - R3 , R 3 00 Q. J R 3 R 3 �1CK R 3 - ! 'mss \ O 00 '`-' z R 3 A / r /.��� ei.��\q /Ig• t' J� �` 9 R3JD f r y�� tu.. ZTO .SuAGc a� 000 O � 9 ( 94 M '09 � ASO �'" � 'Q4 ` ' '• f � � �. a OO A! \ . t re l oO / OOO \ '' 9P. /P' d', `'U� / /�cj o° r•�' \� >, P 'L . ' O / � O,►• yl rte( J `P� ��, , %,yy `�- �` `, �� DO `\ 1 i /, • / P.. 7�,° t�f .a-�� rF� 7,9C,�� a -\ • yi:. ' �•. .70 c 000 f y �-�440 yra• X00 �/ \ ,� .. co M EXHIBIT ! N o $ ( Comparable Properties ) � W • '� S� F 8 3nN3A d OS . `�` Af'fN h f0'll h dl' z • e AL ` ` •� `ll N � � 0 ac � 0W z H h •( .o V N300 d.� �W s ff� AL 'si W f-- 0 z C ca Z V W u z 4 u O N � � 0 ac � 0W z H h •( .o V N300 d.� �W s W f-- 0 z C ca Z V Valuation Section UNIFO' '11ESIDENTIAL APPRAISAL l TORT File No. run sr ut Mptaisai is to estimate Market Value as d n the Certification b Statement of Limitinq Conditions BUILDING SKETCH (SHOW GROSS LIVING AREA ABO ADE) ESTIMATED REPRODW...,rr COST -NEW -OF IMPROVEMENTS: M kx Food" Mac w Fenno Mir. show orgy solAm 1 k'04 carcutn.ora Graf cosi approach communis on tna apace. Dwells% Sq. Ft. 0 $ _ $ Sq. Ft. 0 $ _ E X H I B I T F Extras = WRAR FORM) — Special Energy Efficient Items = - - Porches, Patios, etc. Garage/Carport Sq. Ft. o $ Total Estimated Cost New ...................... _ $ - - Physical Functional External _ Less Depreciation In $ Depreciated Value of Improvements ......... . _ $ Site Imp. "as is" (driveway, landscaping, etc.) _ $ ESTIMATED SITE VALUE ........................ _ $ - (II leasehold. show only leasehold value.) " INDICATED VALUE BY COST APPROACH ........... (Not Required by Freddie Mac and Fannie Mae) Construction Warranty LJ Yes No Does property conform to applicable HUD/VA property standards? Q Yes Q No Name of Warranty Program If No, explain: Warranty Coverage Expires the unddrsj(jned has recited three recent sates ol properlws most s,nHlar and proximate to subject and has catsrdered these ut the n►arkut analysis. Tlx: ddscrpNkxt utck,des a "W iolustnwnt, ruliectrrw market reaction to those items of "jrklrcant variation twtween Ilia subject and conparat" propertk:a. N a significant dem m Itse cw4mrable properly is twperror to, or rrwre favorable than, this suujeet property• a mows (-i adjustment is made, thus reducing 1116 kkLcalua vakw or subject• r1 a sigrut"nl Nem in tlw curtrparawe is aticxitx to, of less lavoraow than, the subject property, a plus 1*1 adjuslment is made. thus increasing It* indicated value of the subjecl. ITEM SUBJECT COMPARABLE NO. 1 COMPARABLE NO. 2 COMPARABLE NO. 3 15621 Myrtle - 15701 P'ac f St. 15622 Mytrle Ave. 15682 Myrtle Ave. Address ve.Tustin Ca.Tustin, Ca. Tustin Ca. Tustin, Ca. Proximity to Subject 2 blocks from subject across from subject across from subject Sales Price 10.00 $215 500 $0.00 !7� $153.93 0 S 232,00019 $130. 70 CZl Quik, RE Data, Inc �O5 , 000 $ 115.49 011111 Same Place/Gross Liv. Area ^�ou(ce .Amer.Title .American Title Co.- Eata ADJUSTMENTS DESCRIPTION DESCRIPTION • i-1 S Anjuslmem DESCRIPTION • (-► I Adjustment DESCRIPTION . (-)s Atljustajcrn Sales or Financing1$193,950 FHA 11�1111lilconventional: $208,750 9070 $184 , 500 ;907 _uncessions 0 conventional loan conventional loan 0 )ate of Sale/Time r N/A 09-24-90 0 09-26-90 0 09-05-90 0 -ocation v. Neiborhoo e ual 0 Corner+142;'I.) - (i688) e ua1 0 3lte%view Average equal 0 equal 0 equal 0 Jesign and Appeal Averaee qual 0 equal 0 equal 0 )uality of Construction -- - 0 equal 0 yparsyears 0 29 ears 0 :undition gr— ��—r--r %buve Grade lulal . etlum ns r earns Total r ean . Dallis total , (fauna . !laths total Btluns r Baths uom Count 7 3 2 7 3 2 9 2 8 - 5�2 0 iross Living Area 1400 Sq. Ft. 1400 Sq. Ft. 0 1715 Sq. Ft.. (28125) 1775 Sq. Ft. asement & Finished uums Below Grade Built up rock— roof/ None Composition 0 Composition ; 0 Composition 0 urlellonal Utility Average equal 0 equal 0 equal 0 eatlrlrJ/Cooling Average equal 0 equal 0 equal 0 arage/Carport CQnve-ted F . R Att . 2 car: -(5000) aI um, A ears Conv .: 0 Att . 2 car ; - 5000 .,rches, Patio• c v, pav concrete patio, "'I'• sic. d fence.shgd pool 11000 Approx equal 0 Approx equal 0 ,rcial Erlt;ryy lictcnt Items None equal 0 equal ; 0 , equal 0 .......... ClAdCr(s) fireplace equal 0 equal ^ D equals 0- updated equal 0 Itrr (e.g. kitchen equal. 0 equal 0 ;uip., tr,tludt Gng) (total) + -•S 16,000 t- . v:tlut; -- W11111illi Suulect $ 199 500 U11s203,87 5 S 171,875 mill ills oil Sales Cur,tparlsun: OICATEO VALUE BY SALES COMPARISON APPROACH 41 1 Arnold Appraisal, 15631 Myr Tustin, CA. 92680 March 11, 1991 Avenue PHOTOGR, - EXHIBIT G Subject Property, front view Photo #910222 Subject Property, front view Photo # 910220 Arnold l Appraisal, 15631 Myrt \venue Tustin, CA. 92680 March 11, 1991 PHOTOGRAI EXHIBIT G Subject Property, rear view Photo #910224 Subject Property, rear view Photo #910202 Arn-old Appraisal, 15631 1 Tustin, CA. 92680 March 11, 1991 le Avenue PHOTO 'HS - EXHIBIT G Subject Property, front street view Photo 4910305 Subject Property, front view Photo #910323 Arnold 111 Appraisal 15631 Myrt %venue PHOTOGRAF - EXHIBIT G Tustin, CA. 92680 March 11, 1991 15642 Pasadena Ave., rear yard, south rs- Photo #910207 15642 Pasadena Ave., rear south wing Photo #910208 ti ^yy. J'�� 4 `fit ; - A� • s�• � .j'. �_47.TaOX TIN -'•R� y""'�s� w t 77 y.•� ♦ _ -. J f t ' -- T ��r��. tet' �•c. .k"VpZ+'w.=�yyj, Fel .� t. •f _ 4 - — - - - E. 1 t Arnold Appraisal, 15631 Myrt-La Avenue Tustin, CA. 92680 March 11, 1991 PHOTOGRAr,iS - EXHIBIT G 15701 Pacific Ave., Comparable 41 Photo #910312 15622 Myrtle Ave., Comparable #2 Photo 4910313 PH 0TOGRRPHS - F- '.1gIT , -hold M rtle Ave, 92680 ,praisal, 15631 Y astin, CR. arch 11, 1991 Photo #910314 Comparable 43 15682 MY rtle R ''