HomeMy WebLinkAbout04 GEN'L PLAN AMEND 05-21-01AGENDA REPORT .o. 4
05-21-01
MEETING DATE: MAY 21,2001 610-60 ~....~...
615-20 '~ ~
TO: WILLIAM HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: GENERAL PLAN AMENDMENT 99-002 AND ZONE CHANGE 99-003
SUMMARY
General Plan Amendment (GPA) 99-002 is a request to amend the land use designation
from Public and Institutional to High Density Residential and Zone Change (ZC) 99-003 is
a request to change the zoning designation from Suburban Residential (R-4) to Multiple
Family Residential (R-3) for the purpose of developing a fifty-four (54) unit affordable
senior housing project on a 1.82 acre vacant lot located at 1101 Sycamore Avenue. On
May 14, 2001, the Planning Commission approved Conditional Use Permit (CUP) 99-007
and Design Review (DR) 99-006 and recommended that the City Council approve General
Plan Amendment and Zone Change to accommodate the development of a 54~unit senior
affordable housing project.
RECOMMENDATION
1. Adopt Resolution No. 01-57 adopting the Final Negative Declaration as adequate
for General Plan Amendment 99-002 and Zone Change 99-003.
2. Adopt Resolution No. 01-58 approving General Plan Amendment 99-002 to change
the land use designation from Public and Institutional to High Density Residential
for the development of a 54-unit senior affordable housing project.
3. Introduce and have first reading by title only of Ordinance No. 1239 approving Zone
Change 99-003 to change the zoning designation from Suburban Residential (R-4)
to Multiple Family Residential (R-3) for the development of a 54-unit senior
affordable housing project.
BACKGROUND
On May 14, 2001, the Planning Commission approved the development of a 54-unit senior
affordable housing project on a 1.82 vacant site at 1101 Sycamore Avenue. Attachment A
is a copy of the Planning Commission staff report from the meeting of May 14, 2001.
Information related to the project, including the project description, architectural design,
landscape and hardscape, access, circulation, parking, traffic, density bonus, and
environmental analysis, are included within the report.
City Council Report
May 21,2001
GPA 99-002 & ZC 99-003
Page 2 of 4
To accommodate the proposed project, a change in the land use designation to High
Density Residential and zoning of the property to Multiple Family Residential (R-3) are
necessary. In addition, since senior housing projects are conditionally permitted in an
R-3 District, approval of a Conditional Use Permit is required. Design review is also
required for the site layout and architectural plans. CUP 99-007 and DR 99-006 were
approved by the Planning Commission at their regular meeting on May 14, 2001;
however, the approvals are contingent upon City Council approval of General Plan
Amendment 99-002 and Zone Change 99-003.
DISCUSSION
· General Plan Amendment
The City's Land Use Element of the General Plan designates the property as
Public/Institutional (P&I). The P&I land use designation would allow for public, quasi-
public, and institutional uses such as churches, hospitals, community centers,
libraries, parks, and playgrounds. To accommodate the proposed senior housing
residential project, a change in the land use designation from P&I to High Density
Residential would be required. The High Density Residential land use designation
provides for development of multiple family dwellings at densities of fifteen (15) to
twenty-five (25) dwelling units per acre. The project would be built at twenty-five (25)
units per acre plus a twenty-five (25) percent density bonus. The site is bordered by
areas designated as High Density Residential at the southern and eastern
boundaries and Public and Institutional at the northern and western boundaries. The
proposed General Plan Amendment to High Density Residential is consistent with
adjacent land use designations.
· Zone Change
The property was inadvertently rezoned from Public and Institutional (P&I) to
Suburban Residential (R-4) in 1994, inconsistent with the General Plan land use
designation. The existing R-4 zoning would allow for residential development such
as single family homes, duplexes, and apartments. However, the R-4 zoning district
requires a minimum of 3,000 square feet of lot area per unit. This restriction would
only provide for the development of 25 apartment units. The applicant wishes to
construct a fifty-four (54) unit senior housing project. To accommodate the proposed
project, a change in the zoning designation to Multiple Family Residential (R-3)
District would be required. The site is surrounded by R-4 zoned lots to the East, P&I
to the north and west, and R-3 to the south. The zone change to Multiple Family
Residential (R-3) District would be compatible with existing high density residential
uses within the immediate area.
City Council Report
May 21, 2001
GPA 99-002 & ZC 99-003
Page 3 of 4
· Density Bonus Requirements
The City's Housing Element has established a goal to: "Provide an adequate supply
of housing to meet the City's need for a variety of housing types to meet the diverse
socio-economic needs of all community residents" (Goal 1). Policy 1.12 encourages
incentives to assist in the development of affordable housing such as: 1) reducing
permit processing time and waiving or reducing applicable permit fees; 2) granting
on-site density bonuses when appropriate; 3) providing tax-exempt financing; and, 4)
providing flexibility in zoning or development standards. The proposed project would
achieve the above goal and policy by providing senior affordable housing units
through the density bonus provision.
With the approval of a Zone Change to R-3 District, the applicant would be able to
build forty-three (43) units on the proposed site. However, to accommodate the
proposed fifty-four (54) units, a twenty-five (25) percent density bonus would be
required. The Density Bonus Ordinance requires that at least fifty (50) percent of the
total rental housing units be provided at affordable rents. The applicant has indicated
that the project would be one hundred (100) percent affordable.
Approval of the Conditional Use Permit and Design Review is a mechanism to grant
the density bonus for a senior housing project on an R-3 lot, subject to City Council
approval of a Housing Incentive Agreement. Consistent with this requirement,
Condition No. 1.12 of Resolution No. 3786 (approved by the Planning Commsision
on May 14, 2001) requires the applicant to enter into a Housing Incentive Agreement
or a Redevelopment Loan Agreement, if the City provides financial assistance. The
Agreement would outline terms of affordability, affordable units, target income
groups, schedule for completion and occupancy, incentives provided by the City, and
other provisions to ensure implementation and compliance with the Density Bonus
Ordinance and any other laws which pertain to the financing of this development.
· Environmental Analysis
A Final Negative Declaration has been prepared for this project (Exhibit A of
Resolution No. 01-57) and discusses potential impact categories and appropriate
mitigation measures.
On May 9, 2001 the City received a letter from Mr. Leonard "Mark" Markwitz. In the
letter Mr. Madwitz stated his concerns related to noise via the "echo effect" and the
traffic on Sycamore Avenue. Mr. Markwitz indicated that based on his experience
with the three-story Sycamore Gardens development located behind his house,
City Council Report
May 21, 2001
GPA 99-002 & ZC 99-003
Page 4 of 4
every time an aircraft sways from its path, the aircraft noise produces echoes
between buildings. Mr. Markwitz also indicated that the traffic condition along
Sycamore Avenue is slow due to nearby school traffic and parked automobiles along
the street and noted that the project would worsen traffic along Sycamore Avenue.
Staff has provided a response to Mr. Markwitz comments. The response is attached
as Section E of Exhibit A of Resolution No. 01-57 and has been incorporated as part
of the Final Negative Declaration. All potential impacts can be mitigated to a level of
insignificance and mitigation measures were included as Conditions of Approval in
Planning Commission Resolution No. 3786.
Jusl~a Willkom Elizabeth A. E~ins'~r~k ' -'"'---'
Associate Planner Community Development Director
i
Attachments: A. Planning Commission Staff Report dated May 14, 2001, and
Resolution Nos. 3783, 3784, 3785, and 3786
B. Resolution No. 01-57 and Exhibit A (Negative Declaration)
C. Resolution No. 01-58 and Exhibit A (General Plan Land Use
Element Map Amendment)
D. Ordinance No. 1239 and Exhibit A (Zoning Map Change)
'.' COMk' DEV',",'OL': ',SHAR-~ D'.CDD-~DA',CDD,CCREPORT'.GPA 99-0.32 coc
ATTACHMENT A O.F
CITY COUNCIL .REPORT
Staff Report
and
'Resolution Nos. 3783, 3784, 3785, and 3786
Report to the
Planning Commission
DATE: MAY 14, 2001
SUBJECT: GENERAL PLAN AMENDMENT 99-002, ZONE CHANGE 99-003,
CONDITIONAL USE PERMIT 99-007, AND DESIGN REVIEW
99-006
OWNER: TUSTIN HERITAGE PLACE, LLC.
APPLICANT: AMERICAN SENIOR LIVING
1740 E. GARRY AVENUE, # 105
SANTA ANA, CA 92705
LOCATION: 1101 SYCAMORE AVENUE
ZONING: R~t (SUBURBAN RESIDENTIAL) DISTRICT
ENVIRONMENTAL
STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED IN
ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
REQUESTS: 1. GENERAL PLAN AMENDMENT 99-002 TO CHANGE THE
GENERAL PLAN LAND USE DESIGNATION FROM
PUBLIC/INSTITUTIONAL TO HIGH DENSITY
RESIDENTIAL TO PROVIDE FOR RESIDENTIAL
DEVELOPMENT AT THE SITE;
2. ZONE CHANGE 99-003 TO CHANGE THE ZONING
DESIGNATION FROM SUBURBAN RESIDENTIAL (R-4)
TO MULTIPLE FAMILY RESIDENTIAL (R-3) TO PROVIDE
FOR A 54-UNIT SENIOR HOUSING PROJECT;
3. CONDITIONAL USE PERMIT 99-007 TO CONDITIONALLY
PERMIT A 54-UNIT SENIOR HOUSING PROJECT IN THE
R-3 ZONING DISTRICT;
4. DESIGN REVIEW 99-006 FOR REVIEW OF THE
BUILDING DESIGN, SITE PLANNING, AND SITE
DEVELOPMENT TO ENSURE THAT THE PROPOSED
PROJECT IS HARMONIOUS WITH THE SURROUNDING
IMPROVEMENTS.
Planning Commission Report
CUP 99-007, DR 99-006. GPA 99-002, and ZC 99-003
Page 2 of 7
RECOMMENDATION
That the Planning Commission:
1. Adopt Resolution No. 3783 recommending that the City Council adopt the
Negative Declaration as adequate for General Plan Amendment 99-002 and Zone
Change 99-003 and adopting the Negative Declaration as adequate for the
development of a 54-unit senior housing project through Conditional Use Permit
99-007 and Design Review 99-006.
2. Adopt Resolution No. 3784 recommending that the City Council approve General
Plan Amendment 99-002.
3. Adopt Resolution No. 3785 recommending that the City Council approve Zone
Change 99-003.
4. Adopt Resolution No. 3786 approving Conditional Use Permit 99-007 and Design
Review 99-006 to allow for the development of a 54-unit senior housing project.
BACKGROUND
Prior to 1986, the 1.82 acre property was improved with a twenty-six (26) unit apartment
complex and was designated by the General Plan as Multiple Family Residential and
zoned Multiple Family Residential (R-3). In 1986, at the request of the hospital owner
to accommodate a temporary parking area for the hospital, the City Council approved a
General Plan Amendment to change the land use designation and zoning to Public and
Institutional (P&I). In 1989, the apartment complex was demolished entirely. In 1994,
as part of the citywide General Plan Amendment, the property was inadvertently
rezoned to Suburban Residential (R-4) inconsistent with the General Plan land use
designation of Public/Institutional.
To accommodate the proposed project, a change in the land use designation and the
zoning of the property to the original land use designation of High Density Residential
and zoning of Multiple Family Residential (R-3) are necessary. In addition, since senior
housing projects are conditionally permitted, approval of a conditional use permit is
required. Design review is also required for the site layout and architectural plans.
The discussion that follows includes analyses of the project description, site plan, access,
parking and circulation, architecture, landscaping, general plan amendment, zone
change, housing requirements, and environmental documentation.
Planning Commission Report
CUP 99-007, DR 99-006, GPA 99-002~ and ZC 99-003
Page 3 of 7
Site and Surrounding Propertie~
The site is located in close proximity to the Newport Avenue and Sycamore Avenue
intersection. The 1.82 acre site is vacant and surrounded by apartments to the East, a
hospital to the North, the hospital parking lot to the West, and apartments to the South
(Attachment A - Location Map).
Pro. iect Descrintion and Site Plan
The project is a fifty-four (54) unit affordable senior housing project. The project is
comprised of three-story interconnected buildings through exterior walkways, a
community room with kitchen facility, an exercise pool, and a lighted walking path
(Attachment B - Submitted Plans). The buildings are equipped with an elevator
connected by exterior walkways, a laundry room and a sun deck on the second floor, and
a lounge area on the third floor. The site will be fenced with block walls along the east.
north, and west property lines, and with a wrought iron fence and gate along the south
(front) setback line.
The project consists of forty-two (42) one-bedroom units and twelve (12) two-bedroom
units. The one-bedroom unit has approximately 612 square feet of floor area and the
two-bedroom unit has approximately 873 square feet of floor area. Each of the units is
designed with a living room, a kitchen area, and a private patio/balcony area. Each unit is
equipped with a 24-hour emergency call system and fixtures tailored to senior residents.
Valley West Affordable Housing Corporation, a non-profit managing partner, would
provide community programs to enhance the quality of life for the residents once the
project is completed. Typical programs would include crafts, health and wellness
programs, housekeeping assistance, grocery delivery, and transportation services.
To allow for the development of a senior housing project on an R-3 District, approval of a
Conditional Use Permit would be required. In addition, A Design Review application
would also be required to ensure that the development is compatible and harmonious
with other existing and future uses in the area.
Access: Circulation: and Parkirl~_
· Access
The complex would be gated and access to the complex is provided through a
private entry from Sycamore Avenue. The entry area is designed as a circular
driveway with three (3) guest parking spaces. An intercom is located in the center of
the entrance with an adequate turn around area. A knox box for emergency access
is also located at the main entry gate and at the two pedestrian gates located at the
northwest and southwest corners of the site. In addition, the applicant and the
Planning Commission Report
CUP 99-007, DR 99-006, GPA 99-002. and ZC 99-003
Page 4 of 7
hospital's owners have agreed to record an ingress/egress easement located on the
hospital southern driveway to the north of the proposed site for fire and emergency
access (Condition No. 4.1 of Resolution No. 3786).
· Parking
Tustin City Code Section 9226b3(h) requires parking for a senior citizen housing
project be determined as a condition of the use permit. To ensure that an adequate
number of parking spaces will be provided for the project, a parking demand study
was prepared. The parking demand study is based on the parking demand of
similar establishments. The study indicates an average parking demand ratio .77
spaces for each unit. This is similar to other required parking ratios of .5 spaces/unit
for the Tustin Garden senior housing project and .25 spaces/unit for the Tustin
Royale senior housing project.
The proposed project will provide forty-two (42) covered spaces and twelve (12)
open parking spaces for a total of 54 parking spaces which equals one (1) space
per unit. Compared to the previous two senior housing projects and the .77 ratio
determined to be sufficient in the parking demand analysis, the 1.0 ratio for the
proposed project would be adequate.
· Sycamore Avenue and Newport Avenue Capacity/Level of Service
The proposed project is anticipated to generate approximately 216 weekday trips.
The project would generate nine (9) AM peak hour trips and fifteen (15) PM peak
hour trips. These anticipated trips were added to the Intersection Capacity
Utilization (ICU) at Newport Avenue and Sycamore Avenue intersection and will
not cause an appreciable increase in the ICU value. Therefore, the level of
service for Newport Avenue and Sycamore Avenue is unchanged and no impact
to the intersection would result from the construction of the project.
The Orange County Master Plan for Arterial Highway designates Sycamore Avenue
as a secondary arterial highway. A secondary arterial highway would provide a total
of four lanes. This designation is consistent with the City's General Plan Arterial
Highway Plan. The applicant, in this case, has agreed to dedicate ten (10) feet of
additional street right-of-way along Sycamore Avenue to accommodate future street
widening consistent with the Orange County and the City's Master Plan for Arterial
Highway.
The building is designed using a contemporary architectural theme. The exterior
elevations are enhanced with architectural details such as gable roofs, wood trims.
decorative vents, balconies, decorative-foam strips, and different stuccos and colors to
create visual interest. The roof material is proposed to be full dimensional-composition
Planmng Commission Report
CUP 99-007, DR 99-006, GPA 99-002, and ZC 99-003
Page 5 of 7
shingles in "Weather Wood" color to match the proposed architectural style and color
scheme.
The applicant provided three (3) color schemes identified as Schemes "A," "B," and "C."
Each color scheme has a total of three colors for the stucco siding, stucco accents,
window trim, and fascia and accent color for the balcony railings. Condition No. 1.22 of
Resolution No. 3786 requires that the building exterior be painted with color scheme "B"
which appears to complement the architectural style of the building. Material and color
sample boards will be available at the Planning Commission meeting.
Landsca.~e/Hardsca.z) e
The conceptual landscape plan identified street trees of Evergreen Pear along Sycamore
Avenue consistent with existing street trees. Additional trees and landscape treatments
are proposed around the parking area, walkways, and the main entry area. The
proposed trees include: Bottle Tree, Australian Willow, Jacaranda, Crape Myrtle,
Magnolia, Fern Pine, and Purple Leaf Plum.
Decorative paving is proposed at the entrance into the site. A variety of ground covers,
annual color beds, and shrubs would be utilized at the main entrance to the site. As
previously mentioned, perimeter walls are proposed along the boundaries of the site. The
perimeter walls will be made of smooth face concrete blocks, except the first two (2) rows
will utilize split face concrete blocks. Vines will be installed on exposed perimeter block
walls to deter graffiti. Condition No. 1.18 of Resolution No. 3786 is also included to
require the block walls to be treated with anti-graffiti materials.
General Plan Amendment and Zone Chanae
The City's Land Use Element of the General Plan designates the property as
Public/Institutional (P&I). The P&I land use designation would allow for public, quasi-
public, and institutional uses such as churches, hospitals, community centers~ libraries,
parks, and playgrounds. To accommodate the proposed senior housing residential
project, a change in the land use designation from P&I to High Density Residential would
be required. The High Density Residential land use designation provides for development
of multiple family dwellings at densities of fifteen (15) to twenty-five (25) dwelling units per
acre. The project would be built at twenty-five (25) units per acre plus a twenty-five (25)
percent density bonus. The site is bordered by areas designated as High Density
Residential at the southern and eastern boundaries and Public and Institutional at the
northern and western boundaries. The proposed General Plan Amendment to High
Density Residential is consistent with adjacent land use designations.
The property was inadvertently rezoned from Public and Institutional (P&I) to Suburban
Residential (R-4) in 1994, inconsistent with the General Plan land use designation. The
existing R-4 zoning would allow for residential development such as single family homes,
Planning Commission Report
CUP 99-007, DR 99-006. GPA 99-002. and ZC 99-003
Page 6 of 7
duplexes, and apartments. However, the R-4 zoning district requires a minimum of 3,000
square feet of lot area per unit. This restriction would only provide for the development of
25 apartment units. The applicant wishes to construct a fifty-four (54) unit senior housing
project. To accommodate the proposed project, a change in the zoning designation to
Multiple Family Residential (R-3) District would be required. The site is surrounded by R-
4 zoned lots to the East, P&I to the north and west, and R-3 to the south. The zone
change to Multiple Family Residential (R-3) District would be compatible with existing
high density residential uses within the immediate area.
Densit.v Bonus Reouirements
The City's Housing Element has established a goal to: "Provide an adequate supply of
housing to meet the City's need for a variety of housing types to meet the diverse socio-
economic needs of all community residents" (Goal 1). Policy 1.12 encourages incentives
to assist in the development of affordable housing such as: 1) reducing permit processing
time and waiving or reducing applicable permit fees; 2) granting on-site density bonuses
when appropriate; 3) providing tax-exempt financing; and, 4) providing flexibility in zoning
or development standards. The proposed project would achieve the above goal and
policy by providing senior affordable housing units through the density bonus provision.
With the approval of a Zone Change to R-3 District, the applicant would be able to build
forty-three (43) units on the proposed site. However. to accommodate the proposed fifty-
four (54) units, a twenty-five (25) percent density bonus would be required. The Density
Bonus Ordinance requires that at least fifty (50) percent of the total rental housing units
be provided at affordable rents. Affordable rent means a resident's monthly housing
costs, including a reasonable allowance for utilities, do not to exceed: 1) thirty (30)
percent of the fifty (50) percent of the area median income for Orange County for Very
Low Income households; or, 2) thirty (30) percent of the sixty (60) percent of the area
median income for Orange County for the Lower Income households. For Fiscal Year
2001, the area median income for a family of four in Orange County is S73,700. For
senior households which typically are comprised of one to two persons, the area median
income would be $51,600 for one person household and $58,950 for two persons
household. The applicant has indicated that the project would be one hundred (100)
percent affordable.
Approval of the Conditional Use Permit and Design Review is a mechanism to grant the
density bonus for a senior housing project on an R-3 lot, subject to City Council approval
of a Housing Incentive Agreement. Consistent with this requirement, Condition No. 1.12
of Resolution No. 3786 requires the applicant to enter into a Housing Incentive
Agreement with the City. The Housing Incentive Agreement would outline terms of
affordability, target units, target income groups, schedule for completion and occupancy,
incentives provided by the City, and other provisions to ensure implementation and
compliance with the Density Bonus Ordinance and any other laws which pertain to the
financing of this development.
Planning Commission Report
CUP 99-007. DR 99-006, GPA 99-002. and ZC 99-003
Page 7 of 7
The project is proposed to be financed with tax exempt revenue bonds. The applicant
would apply for the tax exempt revenue bonds in June, and the City would be requested
to provide needed support to complete the application. The City may also explore other
financing methods to assist the applicant in developing the project. The City's Community
Redevelopment Agency is working with the applicant to identify additional financing, and
any financial assistance by the City would require City Council approval.
Epvironmental Anal.vMs
A Negative Declaration has been prepared for this project (Attachment A of Resolution
No. 3783). The attached Initial Study discusses potential impact categories and
appropriate mitigation measures, including the issues discussed above. Any potential
impacts can be mitigated to a level of insignificance and mitigation measures have been
included as Conditions of Approval.
On May 9, 2001 the City received a letter from Mr. Leonard "Mark" Markwitz. In the letter
Mr. Marlwitz stated his concerns related to noise via the "echo effect" and the traffic on
Sycamore Avenue. Mr. Markwitz indicated that based on his experience with the three-
story Sycamore Gardens development located behind his house, every time an aircraft
sways from its path, the aircraft noise produces echoes between buildings.
Mr. Markwitz also indicated that traffic condition along Sycamore Avenue is slow due to
nearby school traffic, parked automobiles along the street, and that the project would
worsen traffic along Sycamore Avenue.
Staff has provided a response to Mr. Markwitz comments. The response is attached as
Section E of Exhibit A of Resolution No. 3783 and has been incorporated as part of the
Final Negative Declaration.
J illkom Karen Peterson
Associate Planner Senior Planner
Attachments: A. Location Map
B. Submitted Plans
C. Resolution No. 3783 and Exhibit A (Negative Declaration)
D. Resolution No. 3784 and Exhibit A (General Plan Land Use
Element Map Amendment)
E. Resolution No. 3785 and Exhibit A (Zoning Map Change)
F Resolution No. 3786 and Exhibit A (Conditions of Approval)
S.',~DD'.PCRE;=OR ,'P. CUP 9c~-o0? coc
ATTACHMENT A
Location Map
. , LOCATION MAP
PROJECT NO.
..... · ' ADDRESS
i : CUP 99-007, DR 99-006,
'=' GPA 99-002, and ZC 99-003
: .' 1101 Sycamore Avenue
·' }
145~1
[ 14R4~ -- --
.
MEAR t. AN
14772
t,J
::
S YGAMORE ~
ATTACHMENT B
Submitted Plans
. ~. ;~i~1~' .
~'~ t !',' ., iii, "' '" " "' ~,,
.~. ~- - .. .
/
/
.... : .... ~ ~ ~-i ..... ~ ~-'~: ' '~
!~ ~..~ ~ .I ~ ../ ~ ~ ........ ~ , I ',..J ,I
, ~..~ . ~ ~..~.,~, ~:-~,~..~. ~:'~ ~ ....... ~: ,
.; ~,~ . ..,.: ~ .. .......... , ......... ~__~
...... ....... ~:,,..~ ,: . .. , , .~. . ~ ,
..... .~. ~. ~ ........ . ~ ~ - ,, ,..~
~" ~- ~ ~ ' ~'~ ~ ~ · h' I
; · . . ~ '~ ..~ .... ... ~. .. ,.~
. '." ........... ~S ...... ~ .. ~ ~' "'
~.~ ~ ~ ~ ~ . ....~ r.[ , ....... ~: ~:~ ~ ·
~ ~ ........ ~... ....... ~ ~ ~r~" .... ~ ~..
.t . ~t ~ -- ~ '~- .. ~' ~ ~ ..... ~:"
........ . ~ I ...... I ~ ~.....1
' . --: ~l--}-~! · ~.~ 3 ~ ~ ..... :
· "1-':.-:' :. !~ ~ q.:~ : ~: .U i:~E: I [ ~
' ": : -. "~ '"" '/"~"~=:--,,: ' .'~7 Rx'' .... ~: iI~
...... i ~ '~ E~ : ·
.......... , ~ ~ · ..... ~ .'E
".-:- ~ -:' '"'-,"*---~ '.. '~ ,,' ?Il ii m '~" ' ,. ~ { '" .-i
.......... ~ .......: ~" I~ ..... ~- ,'l ,l - ~ .'
r~ '/ " ·
I
~,~.| ?.: .-_., .:-'.-.- ~ T':.~ I.- ~ ~' :.,~. ~ .~,.: ' I, ~
~,,~'~,~, ' ,--~-~'~. '~,"'- ~ '-"'~ ~'":'".~ -".-, ', :: ~ .~' '~"~-~': ~ .~',, o..: ~' t .i
. ~[. :, .................. i ...... ,'., ,":~,;';., ! i .
] ;~,,, -' - I.I · .~ ' · I',.~l ~-';;..---. ............ ~-'lL , ---'---T' ':
.......... ~ .... "'" ""°':-"'-'/~ ' ~ ..... g,~i t- .' "'
I, · ' L:I~;.'-- !~ ..... ~..A~.-~,~..-:.~c---~?-., -:.... [-', < P----°'i
..... ~ ....,. ................ ...../ ? ',-.:~., A, ~ ,,,__.,. ' .... c- !
· ~ ............. ~/ /.' ,~-ff',', h "'
",. I I;T" ' "'~ ...... -"'.~' - '''~ '""'~'-%. / .-..'"f' · "'-~:--;'"'"'~"": "'"'; ~ O'
~ if rJ..._,..~-~' .................... ' '"-.'-;-'' ': .:. ~,. ~.~:..~ ~-. :~rL, / i::
'~[I ~J:.~ ! I ! ! ":.~";'..";"~-. 'I_'.T .... --{ .', ',~:t
..-~/ ...-~.. ,.. ,. .. -I I . ..... - -. ,
, ~ ~ k i , ~ .._~::_r:,.o, 7 /', P ~, .[
.. · ~ ..... il z,
~ ~ . ~ L L--~T-~. .... ..,~:.~ .... ,~ ....... ~_/.'... w~- --:[-~ , i, -'
/..~, ~ ...... .~----t-~,--+.~--~ --~ .... ~' * '~- i I--
.~,.T;~ · I----~ .-----~'.'.~--~'~;- ,-~- ,;' '~_'-:.~ .-----~-..-----~-..-~-...-~;'-P [~ ..'
';.~----~_~'_,r i i i ~ ' i I ~ '/ I ' I T~~.~ ]. ': . LTl
;~-~ t~ ~ L_~.~-I~.~ ~ _--~.~._L_.Z ._~ ~ .... ~I Z
........... " ........................ ' ..................... - ........................ II
~. "-~.~"', .'.'"'---.~'-':~., "il'-m--:"~ ~'"~-ff--;' ...'"~'.--~..'-"'"~ {.
I ~ ............ " ' ..................... ~'":' .............. '-~-"'~-J- LU'
· : ~ i : .;;, ..', : ,i. ·
O, ~ ,, ~ ~ .' ;: ; ~ ;: ~ ~'~ : . ~ ,.. . ..
. . ::., . ,:~.
?i'1 ~ -.~.: ..~;,: ':'~ :':~: _::..,'~ ........ ~" - ~';." / %" ~'- . ..... ~,'.
. : ............ · "-:~- .......... ' , ~1. - ..... . L'~i' '~-'---: ........: .'~:~ .... ; ........ ~' . ~'
..:: :" ~ ' ~'. .... i,:;.i ....~-.;~':;~ ~.;:~:.~ ' -' ' .......... I' ' '-~ :: '.~:." t
..~,~-~{~..~ ~-' ~, I ,~,.[ ~; '".. ..~-. ": ;?.;I '"'~ I
, .~.~[~'? . ~, ,.~",'~: ~x ~ ,,~.~_ ..... :~:.' ;t .~.~
x ~ a~-~.~----L-~ .... ~ ....... ~-~ . ....... ......... ~ . ~, :~ ~, ~, ,~ .,;. ~. ~ [
~ ' '? ~ '~'' · , ~', ';.~ " 3,' ,,¥~'~ '~ .':~ '~ ';;~" ?'~ ....... ', .,'.
.. ~: ' ,';k : ~' ;Fl ,. ' "'~" "*' ~ ~ ~ . ' ~ ] '
' · ~ ~ · ' "~¢~.~,~ 2 .... ~ ........ ~% .~ *' ': "~'~.~ ~ -' ¢~ '~ 'r~ ~' :~ ~' .
. ~_~ ~x~ ~ ~-~ ~. ....... ,,,~ ,.' ~ . ;.,, ". ~' ..
. . ,:~ · ~x.~ : , ......... ~ ..... ~.~ ........... ,~.,... ......... , . ,~,~ ..~,, ,. ~ , .
. ''~ 2~~' ~'~' ~,~I~ ~.: .,.,~i~ ~. ~-~-.~.'" ¥,E ~ ~:.~: ..~ ,r~.~. ,,. >x~¢ ~ ~ :~I ·
~ . :1 ~,. . --. - 8 ~", , ' ' I ,,.- , .~'/ . -,&' .,,t. ~ , .
..... I ..~ ..... ~ --. ~ ~". ; . ' ...... / v ' TJ
'-: :=' ~. '~ ' :,,~'/""~F'~" ~ ~ , .'.."""i' ~.~ ~ r ~ -~ ..... ': ~ ' '-
:"... ~'.!t.~ .... I~ ". ,~..~ ',' .~ ,',-.~ .~ -.~ ' '., . . : ~' ,, J
' , .', _~-.,,.~.-.~'~, ~ ~. ~.' ..,~', ,-~ '.;t. ...... ~ ~¢:,~. ~, .~,.: ~' . , ~ ..... ~ ":.'.~ = ,~
. ~']~'~""l '~; .~.~.4, :' : : .; ~.~', .'~'j '~-,.-~.. '~. ,~ ~.. .~ ':. ....... ::~.... "~?,~;,';~ z .~
~' <'k':' . , ----~; . m ...,,, ~ · '~ .. ~ . . ~ .... , ~ ,
,~]~ J .... ' ~;~. 1.-~ .~a ..... '..-~' "..~-,~.,. ~ : "~' ,., ~ ~,,~ J - ,
.. m .~ .~., ~ ,.. !{:}. -: % . c {~,~. , ,~ . . ~ ..... [ ,.,
~?a-. ~ :~ '~.1 .:,?~,~ ..:.~:.. I t~<a ~ ...... ' ~ ~ ~"- : __~, :: -1,:~ .
~ ., ._.~ ........ ~;,.,~;..~ ~,~'~_ ~'.'. .~ ~ '~', . ,~ .~-- ~ ~ '~{ .
~' ~l.'i~ ~% . , ~. ~" ',r.:,'- .~:.~ ' · ?.,.' ,~'"' ~--l', T~, ; ~ · ; '
. · ~' ~. ',,.;. ,,. .?,,; · ~ :',.~ ~, C ..... ~. I . ,
.,. , I.',., ,. ~ :~,. ~ .~f~E ~....,.,~, ~ _ . ,~.. :~ ~.~ ~ ; , :;. I~ ..~ . .
,.. ~-~%m ~~;z4 ...=-.~ ,,~ ~.',,.,' . p ~ , ~ ~- ~.:. ,
; I':.,~ i~ ~ [ .. .,.' ~ . Mi'k ~ ': ' ~. I '- -~ ~.. ' / · '.
. ~. ' ...... ~ .. < ~ ... - , ~ -F-- , ~' · , .
.... [~, ...... .~ ............ . : ~.. ~m~ ~ ~~, .~,.
"' ~:~ ~ ?~1 ,?~ ~ .'""-I [~a . ~ l_J..~ , '.e...,/t./ ~ .... .~.x. :..;; ~ ~,. ~g.. ~ ;S ,
::: ~" .i'.~'~~ ~,.' ~"~'~'~'~~:~:1l ,' .//' / _f',~<~m : ~.!. ~ "'"
" ~ '~ ,~ '; ~' E[ ...... .~ /. ~ ~ ~ "~'qJ *~' I I
· - .',:'..' I,i', .?~ ~ ~ ,'. ~ ~ ~. ,~.~,.:~. '~ , '~" .'.~, ~, : ",~ ',,/,".. , ~ i.'
: '~' ~ .l ';~ "]..-~ ."'~--~-~.:'--.?~ '""~./ ~, ~'-~,~ " i~/ . ~ -
<; , , .~,1~ I ' ~ .. ~ '-' -~ ':', :'...'-~ ....... ~ ~ ' . r / ~ · ~ .
· '._~ '. '~: -~' _~' ,,' ~-~':.., ..~- ~', .... '"':"~ m~:, ' d: ~, ~ '1 -
2~ ~" [' ~ '~' ~.--.' ""' - ~' ' ~ " 'I~' : ' ~ '
.,=.., ..~2L.... t I ~ - ~ . <41, ~ '. I ' '~:
....... ~ :~E_ ~ 41 'k ~'~'~ ~ ~'~- .... I &-~ ,~..~-~ ~.~r-.'~t,-~' ·
· i '~ "x~ .... ~: ~.~;. ~'~.~.,..~ ~'~ ,,:~;%.1~:~, ~, .'~;~* . .~ ~ .~ ~,~ .-- ~:~;:-~:-~.."~'1~ .
. , ~.. ,. ~_~ .... . ..... ~ ,.~ ....... . .
.... [ ' '*~ · """ ~" ~ ~ ~ ~ ~ ~'~ ~ ~ ~ · ' . ~" ~ · · '
.............. ...... , ..
':' ~ ' ~N /'~ "~ .......... ~ .... ~"- .... ~---.~'----.~'. .... ~ ........ ~--~ --. ']~ ~'~-' ~
...... ~ ..... .... .... ~ .... ~,. . ~ ..~ .........)~ .. .
[.I .il · .. ...... ;"~'" :"'.',~;":~ '2:'. ~". ~. "F-c ,, ' '.
:'[~_ ...... . ,/.'".. '__ .... .',.,':,.;';,~-:.~.'~ ,.~.... ~;:~:~:. ~.:....,,~:" , ~.--.:. , ,,;.. '
' ,. !,,. ,, ..,';
· ~. ..".:. I
.... ~ ' !
~'~,:':' '~"',~i :,,. ~ "-:~:.i~ '' " . ' ...... "
,~: ..................... .. .............................. . .., .. ,~, .
" ',": .............. .-~"".~'."I'. !'~r .............. :'---i " ......... .,'-,, I'_"
', ~.....'.',, ..... ..... .... ....,
' : ~ ~ ~., ' . ·. ']'.~,? '
~ .~! , :...:~ . '!
.~:,~.- -- ...: ..
~,. .- .lp~..,~
! I ='==-:.' ...... "::'"-~.~.-- .... -'.--"~'.-'-'.:.,--'z---...-..=.-~==.":::.:-:---':'~--,-:'-'.--~---~':'-'=---"':'::>.-" .... ,~ '"'".ti.E."-.
I~' :' I
'"'~ , i !
ATTACHMENT C
Resolution No. 3783
RESOLUTION NO. 3783
!
_~ A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING
~ THE FINAL NEGATIVE DECLARATION AS
4 ADEQUATE FOR CONDITIONAL USE PERMIT 99-
007 AND DESIGN REVIEW 99-006, AND
.~ RECOMMENDING THAT THE CITY COUNCIL
ADOPT THE FINAL NEGATIVE DECLARATION AS
6 ADEQUATE FOR GENERAL PLAN AMENDMENT
? 99-002 AND ZONE CHANGE 99-003, AS REQUIRED
BY THE CALIFORNIA ENVIRONMENTAL QUALITY
8 ACT.
]0 The Planning Commission of the City of Tustin does hereby resolve as follows:
~' I. The Planning Commission finds and determines as follows:
12
A. That the General Plan Amendment 99-002, Zone Change 99-003,
]~ Conditional Use Permit 99-0071 and Design Review 99-006 are
considered a "project" pursuant to the terms of the California
]'~ Environmental Quality Act; and
B. An Initial Study and Negative Declaration have been prepared for
~6 this project and distributed for public review. The Initial
I? Study/Negative Declaration evaluated the implications of the
proposed development.
C. The Planning Commission of the City of Tustin has considered
~) evidence presented by the Community Development Director and
20 other interested parties with respect to the subject Negative
Declaration.
21
_~2 D. The Planning Commission has evaluated the proposed Negative
Declaration and determined that with incorporation of the
2~ mitigation measures, the project would not have a significant
effect on the environment.
24
2~ II. A Final Negative Declaration, attached hereto as Exhibit A? has been
completed in compliance with CEQA and state guidelines. The Planning
2~ Commission has received and considered the information contained in
the Negative Declaration prior to recommending approval of the
proposed project and found that it adequately discusses the
2~ environmental effects of the proposed project. On the basis of the initial
study and comments received during the public hearing process, the
~.9 Planning Commission finds that there will not be a significant effect as a
result of the project.
Resolution No. 3783
Page 2
1
2
In addition, the Planning Commission finds that the project involves no
3 potential for any adverse effect, either individually or cumulatively, on
wildlife resources as defined in Section 711.2 of the Fish and Games
4 Code. The Planning Commission hereby adopts the Final Negative
.~ Declaration for Conditional Use Permit No. 99-007 and Design Review
No. 99-006 and recommends that the City Council adopt the Final
6 Negative Declaration for General Plan Amendment 99-002 and Zone
Change 99-003.
7
~ PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 14t" day of May, 2001.
9
10
11
~2 LESLIE A. PONTIOUS
~.~ Chairperson
14
15
ELIZABETH A. BINSACK
16 Planning Commission Secretary
17
STATE OF CALIFORNIA )
~9 COUNTY OF ORANGE )
CITY OF TUSTIN )
20
21
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
_~2 Planning Commission Secretary of the City of Tustin, California; that Resolution
2.~ No. 3783 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 14th day of May, 2001.
25
2~ ELIZABETH A. BINSACK
Planning Commission Secretary
29
Exhibit A of Resolution No. 3783
Exhibit A of Resolution 3783
Final Negative Declaration
GPA 99-002, ZC 99-003, CUP 99-007 and DR 99-006
Table of Contents
A. Initial Study
B. Environmental Factors Potentially Affected
C. Determination
D. Evaluation of Environmental Impacts
E. Response to Comments
F. Mitigation Measures Monitoring Schedule
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way, Tz~stin, 65~1 92780
(7143 573-3100
INITIAL STUDY
A. BACKGROUND
Project Title: Conditional Usc Permit 99-007, Design 'Revie~ 99-006, General Plan Amendment
99-002, and Zone Change 99-003.
Lead Agency: City of TustJn
300 Centennial Way
'l'ustin, California 92780
Lead Agency
Contact Person: Justina Willkom Phone: (7143 573-3174
Projecl Location: I I01 Sycamore Avenue
Project Sponsor's
Name and Address: N/A
General Plan Designmion: Public and lnstit,.tional (P&I)
Zouing Designation: Suburban Residential (R-43
Project Description: Construction ora fil'ty-four (54) unit senior afYbrdable housing pro. ject, a General
Plan Amendment to amend the existing hind use designation from Public &
Institutional (P&I) to High Density Residential to provide ['or residential
development on the project site, a Zone Change to change the zoning designation
from Suburban Residential (R-43 to Multiple Family' Residential (R-33 to provide
for multiple family residential development, a Conditional [!'se Permit to
conditionally permit the proposed project in the R-3 Zoning District, and ti
Design Review for the review o.f building design, site planning, and site
development.
Surrounding Uses:
North: Hospital East: Multi-thmily Residential
South: Offices and Multi-Family Residential West: l'[ospital Parking I..o!
Other public agencies whose approval is required:
[] (3range County Fire Authority [] City o'f lrvine
[] Orange County Health Care Agency [] City of Santa Aaa
[] South Coast Air Quality Management [] Orange County
District EMA
[] Other
B. ENVIRONMENTAL FACTORS POTENTIA'LLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least ()ne
impact that is a "Potentially Significant Impact" as indicated bv the checklist in Section D below.
.I--]Land Use and Planning [--]Hazards
I--]Population and Housing [--1Noise
I--]Geological Problems [--]Public Services
[~]Water [--]Utilities and Sen:ice
Systems
[--]Air Quality ['-]Aesthetics
[--]Transportation & Circulation ['-]Cultural Resources
[--]Biological Resources ['-]Recreation
[-]Energy and Mineral Resources .[--]-.MandatoD: Findings of
Significance
C. DETERMINATION:
Oil the basis of this initial evaluation:
['-] I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLAIL~kTION will be prepared.
[~ I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet
have been added to the project. A NEGATIVE DECI..AIL,\TION will be prepared.
['-] I find that the proposed project MAY have a significant effect on the environmem, and an
ENVIRONMENTAl.. IMPACT REPORI is required.
[-'] I find that the proposed project MAY have a significant effEct(s) on the environment, but at least one
effect '! ) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and
2) has been addressed by mitigation measures based on the earlier maalysis as described on attached
sheets, if the effect is a "Potentially Significant lmpact" or "Potentially Significant Unless Mitigated."
An E'N%'IRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
[--] I find that although the proposed project could have a significant effect on tile enviromuent, there WII. L
NOT be a significant effect in this case because all potentially' significant effects 1 ) have been analyzed
adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
I~ I find that although lhe proposed prqiect could have a significant effect on the em.'ironment, there WILL
NOT be a significant effect in this case because all potentially significant effects 1 ) have been analyzed
adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have
been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, incl'uding revisions or
mitigation measures that are imposed upon the proposed project.
Preparer: Justina Willkom Title Associate Planner
Elizabeth A. Binsaclc, Community Development Director
D. EVALUATION OF ENVIRONMENTAL IMPACTS
Directions
1) A brief explanation is required for all answers except "No hnpact' answers that are adequately supported bv the
information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is
adequately supported if lhe referenced information sources show that the impact simply does not apply to prqjects
like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact': answer should be
explained where it is based on project-specific factors and general standards (e.g. the project will not expose
sensitive receptors to pollutants, based on a prqject-specific screening analysis).
2) All answers must take into account the whole action involved, including off-site, on-site~ cumtfiative project level,
indirect, direct, construction, and. operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, the checldist answers must
indicate whether the impact is potentially significant, less than significm~t with mitigation, or less than significant.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significaut. If
there are one or more "Potentially Significant hnpact' entries when the determination is made, an El R. is required.
4) "Negative Declaration: Less Than Signi'ficant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact:" to a "[,ess than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how lhcy reduce the effect
to a less than significant level (mitigation measures from Section XVII, ".Earlier Analyses," may be cross-
refierenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or off,er CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief''
discnssion should idcntil.? the following:
a) Earlier Analysis Used. Identify and state where they are available for revie~v.
b) Impacts Adequately Addressed. Identify which effects f.~ro[l'l the above checklist were within the scope of
and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether
such effects were addressed by mitigation measures based on the earlier analysis.
c) 'Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated."
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources lbr potemial
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should.
where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested lbrm. and lead agencies are fi'ee to use different formats; however, lead agencies
normally address the questions from this checklist that are relevant to a prqject's environmental effects in
whatever format is selected.
9) The explanation of each issue should identif\,:
a) the significancc criteria or threshold, ifany, used to evaluate each queslion; and,
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
EVALUATION OF ENVIRONMENTAL IMPACTS
Le,s's Than
$igm.'[icam
I" o~entially With Less Than
Significant .,ltiligation .gigm.'/ican!
1. AESTHETICS - Would the project: Impact h~corporation Impact No Impact
a) Have a substantial adverse effect on a scenic vista? [] [] [] []
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic high~vay? [] [] [] []
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? [] [] [] ~.
d) Cream a new source &substantial light or glare which
would adversely affect day or nighttime views in the area? [] [] [] []
Il. AGRICULTURE RESOURCES: In determinh~g
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by' the California Dept. of
Conservation as an optional model to use in assessing impacts
on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use? [] [] [-3 []
b) Conflict with existing zoning fbr agricultural use, or a
Williamson Act contract? [] [] [] []
c) Involve other changes in the existing environment which,
due to fl~eir location or nature, could result in conversion of
Farmland, to non-agricultural use? [] [] [] []
111. AIR QUALITY: Where available, the significance
criteria established by the applicable air quality management
or air pollution control district ma5' be relied upon to make the
following determinations. Would the prqject:
a) Conflict with or obstruct implementation of the applicable
air quality plan? [] [] [] []
b) Violate any air quality standard or contribute substantially
to an existing or prqiccted air quality violation? [] [] [] []
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which exceed
quantitative thresholds for ozone precursors)? [] [] [] []
d) Expose sensitive receptors to substantial pollutant
concentrations? [] [] [] []
e) Create objectionable odors affecting a substantial number
ol'people? [] [] [] []
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation b~ipacl No Impact
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the Calil~arnia
Department of Fish and Game or U.S. Fish and Wildlife
Se~wice? ~ ~ ~ ~
b) Have a substantial adverse effect on any riparian habitm
or other sensitive nmural community identified in local or
regional plans, policies, regulations or by the California
Department offish and Game or U.S. Fish and Wildlife
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological inte~uption, or
other means? ~ ~ ~ ~
d) Interlbre substantially wiflx the movement of an? native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corrklors, or
impede the use of native wildlife nursery sites? ~ ~ ~ ~
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance? ~ ~ ~ ~
0 Conflict with the provisions of an adopted Habitat
Conservation Plan, .Natural Community Conservation Plan, or
other approved local, regional, or stale habitat conservation
plan? ~ ~ ~ ~
V. CULTURAL RESOURCES: - Would the project:
a) Cause a substantial adverse change in the significance o1'
a historical resource as defined in § 15064.5? [] !--] [] []
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to § 15064.5? [] ~ [] ~.
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? [] [] [] {~
d) Disturb any human remains, including those interred
outside of formal cemeteries? [] [] [] ~
VI. GEOLOGY AND SOILS: - Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
Less 7hah
Potentially With Less Than
Significam Mitigalion ..gigni[icant
Impact Incorporation Impacl .'~.'o ]r~tpacl
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a la, own fault? Refer to Division of
Mines and Geology Special Publication 42. [] [] [] []
ii) Strong seismic ground shaking? [] [] []
iii) Seismic-related ground failure, including liquethction? [] [] [] []
iv) Landslides? [] [] [] []
b) Result in substantial soil erosion or the loss of topsoil? [] [] [] []
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the prqiect, and
potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse? [] [] [] []
d) Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or property? [] [] []
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems where
sewers are not available for the disposal of waste water? [] [] [] []
VII. HAZARDS AND HAZARDOUS MATERIALS:
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or disposal of
hazardous materials?
b) Create a significant hazard to the public or the
environment throm, h= reasonably~ foreseeable upsel and
accident conditions involving the release of hazardous
materials into the environme~u?
¢) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and. as a result, would it create a
significant hazard to the public or the environment'?
c) For a project located within an airport land use plan or,
where such a phm has not been adopted, within two miles ora
public airport or public use airport, would the project result in
a safety hazard fbr people residing or working in the prqiect
area?
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard ~br people residing
or working in the prqject area?
Less Than
Si~nt.'ficam
Potenliully [['ilh Le&s Than
SiKn!ficanl .¥1ili~alion Si~n~cani
g) Impair implementalion of or physically interfere with an Impact lt~corporation Impact A'o Impact
adopted emergency response plan or emergency evacuation
h) Expose people or structures to a signific~t risk of loss.
injury or death involving wildland fires, including where
wildlands are at[~acent to urbanized areas or where residences
are intermixed with wildlands? ~ ~ ~ ~
VIII, llYDROLOGY AND WATER QUALITY: .-- Would
the project:
a) Violate any water quality standards or waste discharge
requirements? ~ ~ ~ ~
b) Substantially deplete groundwater supplies or inter[~re
substantially with groundwater recharge such that there would
be a net deficil in aquil~r volume or a lowering of the local
groundwater table level (e.g., the production rate of pre-
existing nearby wells would drop to a level which would riel
suppo~ existing land uses or planned uses for which permits
have been granted)? ~ ~ ~ ~
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of thc course of a
stream or river, in a manner which would msuk in substantial
erosion or siltation on- or off-site? ~ ~ ~ ~
d) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount of
surface runoff in a manner which would result in llooding on-
or off-site? ~ ~ ~ ~
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stonmvater drainage s5 stems
or provide substantial additional sources of polluted runoff'? ~ ~ ~ ~
~ Othem'ise substantially degrade water quality? ~ ~ ~ ~
g) Place housing within a lO0-year flood hazard area as
mapped on a t~deral Flood Ilazard Boundary or Flood
Insurance Rate Map or other fiood hazard delineation map? ~ ~ ~ ~
h) Place within a I O0-year [lood hazard area structures
which would impede or redirect flood flows? ~ ~ ~ ~
i) Expose people or structures to a significant risk of loss.
injury or death involving flooding as a resul~ of the failure of a
j) lmmdation by seiche, tsunami, or mudflow? ~ ~ ~ ~
IX. LAND USE AND PLANNING - Would the prt[~ect:
a) Physically divide an established community? ~ ~ ~ ~
Less 7han
Significanl
Potentially Wilh l,e.s's Than
Signi. ficanl .¥1itigation Significant
b) Conflict with any applicable land use plan, policy, or Impact Incorporation Impact .AS~ Impact
regulation of m~ agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for thc
purpose of avoiding or mitigating an environmental effect? [] [] [] []
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan? [] [] [] []
X. MINERAL RESOURCES- Would the project:
a) Result in the loss of availability ora known mineral
resource that would be of value to the region and the residents
of the state? [] [] [] []
b) Result in the loss of availability ora locally-important
mineral resource recoveD' site delineated on a local general
plan, specific plan or other land use plan? [] I~ [] []
XI. NOISE-
Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies'? [] [] [] []
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels? [] [] [] []
c) A substantial permanent increase in aJnbient noise levels
in the prqject vicinity above levels existing without the
project'? [] [] [] []
d) A substantial temporary or periodic increase in ambient
noise levels in the prqject vicinity above levels existing
without the project? [] [] [] ~..
c) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles ora
public airport' or public nsc airport, would the project expose
people residing or working in the project area to excessive
noise levels? [-i [] [] []
0 For a prqject within the vicinity ora private airstrip,
would the project expose people residing or working in the
project area to excess noise levels? [] [] [] []
XII. POPULATION AND HOUSING -. Would the project:
a) Induce subsumtial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)? [] [] [] []
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? [] [] [] []
Less Than
Significant
Potentially With Less 7hah
Sign~fcant Mitigation Significant
hnpact h,corporation hnpact No hnpact
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? ~ ~ ~ ~
Xlil. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need lbr new or physically
altered governmental facilities, the consu'uction of which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection? [] [] [] []
Police protection? [] [] [] []
Schools? [] ~ [] ~.
Parks? [] [] [] []
Other public facilities? [] [] [] []
XIV. RECREATION-
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
faciliW would occur or be accelerated? [] [] [] []
b) Does thc project include recreational facilities or require
the construction or expansion of recreational facilities which
might have an adverse physical effect on the environment? [] [] [] []
XV. TRANSPORTATION/TRAFFIC --- Would the project:
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e. result in a substantial increase in either the number of
vehicle trips, lhe volume to capacity ratio on roads, or
congestion at intersections)? [] [] [] []
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designaled roads or highways? [] [] i-~ []
c) Result in a change iii air traffic patterns, including either
an increase in traffic levels or a chan-e in location that results
in st, bstantial safety risks? [] [] [] ~
d) Substantially increase hazards due to a design feature (e.g.
sharp curves or dm~gerous intersections) or incompatible uses
(c.g., farm equipment)? [] [] [] [~
e) Result in inadequate emergency access'? [] [] [] []
f) Result in inadeqt, ate parking capacity? ..... [] [] [] []
Less Than
Significant
Potenlial[y I{'ith Less Than
Significant Mitigation Significan!
Impact Incorporation Impact .,Vo Impact
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)? [] [] [] []
XVI. UTILITIES AND SERVICE SYSTEMS -
Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board? [] [] [] []
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause signiticant
environmental effects? [] [] [] []
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects? [] [] [] []
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are new or
expanded entitlements needed? [] [] [] []
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity m serve the project's projected demand in
addition to the provider's existing commitments? [] [] [] []
f) 13e served by a landfill with sufficient permitted capacity
to accommodate the project's solid waste disposal needs?
g) Comply with federal, state, and local statutes and
regulations related to solid waste? [] [] [] []
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to degrade the quali~'
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 Califbrnia histoq' or
prehisto~'? [] [] [] []
b) Does the project have impacts that are individually
limited, but cumulativel.' considerabl~. ( 'Cnmulatively
considerable" means that the incremental effects of a project
are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable thture projects)? [] [] [] []
c) Does the prqiect have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly? [] [] [] []
SECTION D
EVALUATION OF .ENVIRONMENTAL IMPACTS
CONDITIONAL USE PER.MIT 99-007, DESIGN REVIEW 99-006, GENERAL I'LAN
AMENDMENT 99-002, AND ZONE CHANGE 99-003.
AMERICAN SENIOR LIVING
1101 SYCAMORE AVENUE
BACKGROUND
The project includes the construction of a fifty-four (54) unit senior affordable housing project, a
General Plan Amendment to amend the existing land use designation from Public & Institutional
(P&I) to High Density Residential to provide for residential development on the project site, a
Zone Change to change the zoning designation t¥om Suburban Residential (R-4) to Multiple
Family.' Residential (R-3) to provide for multiple family residential development, a Conditional
Use Permit to conditionally permit the proposed project in the R-3 Zoning District, and a Design
Review for the review of building design, site plmming, and site development.
The property is currently vacant and is surrounded by apartment complexes to the East, a local
hospital to the North, a parking lot to the West, and an office complex and apartment complex to
the South.
'1. AESTHETICS
Items a & b - No Impact:
The subject property.' is not located on a scenic vista. The subject property.' is 1.82 acres o1'
vacant lm~d surrounded by developed parcels. The proposed project would not disturb m~y
trees, rock outcroppings, or historical buildings, and the site is not located on a State scenic
highway.
Mitigation Measures/Monitoring Required: None Required.
Item c--- Less Than Sienificant Impact with Mitigation Incorporation:
The property is currently vacant. The construction ol'a three-story senior housing prqject on
vacant land would change the visual character of the site and its surrounding. [towever, the
irnpact would be less than significant since the site is surrounded by a four story medical
plaza and a one-story hospital building to the North, two-story' apartment complexes to the
East and South, and a commercial parking lot to the West, and the project would be designed
in a residential style that is consistent with the development standards and thc landscaping
standards lbr the area.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 2 o£ 13
Mitigation Measures/Monitoring Required:
· Roofing materials shall be full dimensional architectural composition shingles with
color and manufacturer to be approved by the Community Development Director and
the Redevelopment Agency.
· All rooftop equipment shall be fully screened from public view.
· A minimum of/bur (4) inch trim on all windows shall be provided.
· The foam strips shall be treated with hard surface to create a grade separation between
the two different stucco types.
· A minimum six (6) foot high decorative block wall shall be constructed along the cast,
north, and west property lines with the exception of the front setback area where the
wall shall be reduced to a maximum of three (3) feet. The block wall shall be treated
with anti-graffiti materials.
· The wrought iron fence along the front shall be painted a flat green color to
complement the landscape area.
· No fence or wails within the required front yard setback shall exceed three (3) feet in
height.
· The site shall be landscaped consistent with the City's Landscaping and Irrigation
Guidelines. I.andscaping shall consist of a combination of berming and sufficient
numbers of shrubs and trees to provide adequate screening, subject to the satisfaction
of the Community Development Director.
· Perimeter landscape materials adjacent to the carports shall include a minimum of Four
(4) feet to six (6) feet high shrub hedges.
· A precise landscape and irrigation plan including im~dscape grading, backflow
preventors, m~d timers shall be reviewed and approved by the Community
Development Director prior to issuance of a building permit.
Sources: Submitted Plans
Tustin City Code
Field Inspection
Item d - [,ess Than Sienificant Impact with Mitigation Incorporation:
The proposed new apartment complex would bring new lights to the area. However, the new
source of light would not adversely affect da3:- or night-time views in the area since the
American Senior Living
CUP 99-007, DR 99-006. GPA 99-002, ZC 99-003
Page 3 of 13
project would be required to have all lights arranged so that no direct rays would shine onto
adjacent property.
Sources: Submitted Pimps
Tustin City Code
Field inspection
Mitigation Measures/Monitoring Required:
Parking lot lighting shall be arranged so that direct rays do not shine on adjacent
properties. Lighting fixtures and intensity of lighting shall be subject to the review and
approval of the Community Development Director. At Building Plan Check,
manufacturer's details of all lighting fixtures, and a lighting plan which identifies the
location, type of fixtures, m~d intensity (photometric stud>') of all exterior building-
mounted and free-standing lighting shall be provided. All light fixtures shall 'be
architecturally compatible xvith proposed structures.
2. AGRICIJLTURAL RESOURCES
Items a. b & c -No Impact:
The proposed prqject will be located on a site that is vacant and surrounded by developed
residential apartment buildings, hospital and medical office buildings and a parking lot.
The proposed project will have no impacts on any ffrrmland, nor will it conflict with
existing zoning for agricultural use, or a Williamson Act contract. Ihe proposed prqiect will
not result in conversion of thrmland to a non-agricukural use.
Mitigation Measures/Monitoring Required: None Required
Sources: Tustin General Plan
Field Inspection
Submitted Plans
Tusfin City Code
3. AIR QUALITY
Items b- Less Than Sit~nificant hnpact with Mi tieation Incorporation:
The project would temporarily increase the amount of short-term emission to thc area due to
the grading of the property and construction activities. Since the site is relatively flat, only
minor grading would be required. Short-term emissions associated with grading, construction
and operation of the proposed project are subject to regulation by the South Coast Air
Quality Management District and the City of Tustin Grading Manual which includes
requirements 'for dust control. Mitigation measures will be required for the project to mi nimize
construction activity dust generated as part of this pro. ject. With implementation of the
American Senior Living
CUP 99-007, DR 99-006. GPA 99-002, ZC 99-003
Page 4 of 13
mitigation measures and conditions of approval, impacts related to air quality would be
reduced to a level of insignificance.
Mitigation Measures/Monitoring Required:
· All construction activity shall comply with the requirements of the City of Tustin
Grading Manual which requires frequent watering of the project site to control dust and
prohibiting grading during second stage smog alerts and when wind velocities exceed 15
miles per hour.
Item a. c. d & e - No Impact:
The project would also increase emissions in the area due to new vehicle trips, usc of
landscape maintenance equipment, etc. The project xvould construct 54 new apartment units
for seniors. In accordance with Table 6-2 (Screening Table for Operation) CEQA Air
Quality Handbook, the construction of 54 senior housing units is considered insignificant.
Therefore, no mitigation for emissions related to new vehicle trips is necessm%
Mitigation Measures/Monitoring Required: None Required
Sources: South Coast Air Quality Management District Rules & Regulations
City of Tustin Grading Manual
Project Application
Field Inspection
4. BIOLOGICAL RESOURCES
Items a. b. c. d. e & £- No Impact:
The subject site was developed with a twenty-six (26) unit apartmenI complex. Thc
apartment complex was demolished in 1987 to accommodate a temporary parking lot for the
hospital. The site is surrounded with commercial and residential properties developed with
pavement and structures. The site is not inhabited by any known species of animals. Thc
proposed project would have no impacts on animal populations, diversity of species or
migratory patterns. ]'he project would include the removal of local trees (eucalyptus trees)
along the northern property line to accommodate the development. New trees and lm~dscape
materials will be provided in accordance to thc Tustin Landscape and Irrigation guidelines.
No impacts to any unique, rea'e, or endangered species of plant or animal life identified in local
or regional plans, policies or regulations by the California Department of Fish and Gma~e or U.S.
Fish and Wildlife Service would occur as a result of this proposed project.
Mitigation Measures/Monitoring Required: None Required
Sources: Field Inspection
Submitted Plans
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 5 of 13
Tustin City Code
5. CULTURAL RESOURCES
Items a, b. c & d - No Impact:
The subject property is not located within the City's Cultural Resources Overlay District. nor
are there any: identified cultural, historic, or archaeological resources identified on or around
thc site. The project would have no impacts on cultural resources.
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin Zoning Code
-rustin City Code
6. GEOLOGY& SOILS
Items a-ii & a-iii -.- l Jess Than Significant lmpact with Miff cation Incorporation:
The topography of the site is relatively flat and would require minor precise grading activity.'
to prepare the site for new construction. Compliance with current codes will ensure that the
design and construction of the proposed project reduces any potential impacts related to fault
ruptures, ground shaking, ground failure, liquethction, or unstable soils to a level o1'
insignificance.
Mitigation Measures/Monitoring Required:
· All grading, drainage, vegetation, and circulation shall comply with the City of Tustin
Grading Manual. All construction activity shall comply with the Tustin Grading Manual
which requires 1¥equent watering of the project site to control dust. All street sections,
curbs, gutters, sidewalks, lighting, and storm drain shall comply with on-site
improvement standards. Any deviations shall be brought to the attention o1' the Building
Official and request fbr approval shall be submitted in writing prior to any approval.
Items a-i. a-iv. b. c. d & e -No Impact:
The project site is not located within an area that is subject to seiche, tsunami, volcanic
hazards, landslides, or mudflows, erosion, subsidence, or expansive soils. No unique
geological or physical features are present within the area.
With implementation ora condition of approval that requires the applicant to obtain all
necessary approvals from thc C, ommmfity Development Department, the project design and
construction will reduce potential impacts to a level of insignificance.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 6 of 13
Sources: Tustin General Plan
City of Tustin Grading Manual
Uniform Building Code
Project Application
Field Evaluation
7. HAZARDS & HAZARDOUS MATERIALS
Items a through h .... No Impact:
The proposed project involves the construction of a senior affordable apartment complex.
Development or use of the proposed senior housingis not anticipated to result in exposure to
hazardous substances or interfere with emergency response or evacuation. Al1 grading and
construction would be subject to compliance with the all applicable Uniform Building and
Fire Codes. The project is not in the vicinity of an airport or airstrip.
Mitigation Measures/Monitoring Required: None Required.
Sources: Uniform Building and Fire Codes
Submitted Plans
Tustin General Plash
Mitigation/Monitoring Required: None Required
8. ItYDROLOGY & WATER QUALITY
Items e & f- Less Than Simfificant Impact with Mitic~ation Incorporation:
The project site is relatively flat and would require minor grading. The project would not
expose people or property to water-related hazards such as flooding, change the course or
direction of waters movements, or affect the quantity of groundwaters. During construction
the project will be conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) storm water regulations.
Mitigation Measures/Monitoring Required:
· Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, mhd storm
drains shall comply with the on-site Private Improvement Standards.
· All site drainage shall be handled on site and shall not be permitted to drain onto adjacent
properties.
· The applicant shall comply with the following conditions pertaining to the requirement .[br
a Water Quality Management Plan:
American Senior Living
CL',P 99-007. DR 99-006; GPA 99-002, ZC 99-003
Page 7 of 13
1. Prior to issuance of building permits, the applicant shall submit for approval by the
Community Development and Public Works Departments, a Water Quality
Management Plm~ (WQMP) specifically identifying Best Management Practices
(BM.Ps) that will be used on site to control predictable pollutant run-off.
2. This WQMP shall identify thc following: structural and non-structural measures
specified detailing implementation of BMPs whenever lhey are applicable to the
project; the assignment of long-term maintenance responsibilities (specit?ing thc
developer, parcel owner, property maintenance, lessee, etc.); and, reference to the
location(s) of structural BMPs.
All necessary precautions and preventive measures shall be in place in order to prevent
material from being washed away by surface waters or blown by wind. These controls
shall include at a minimum: regular wetting of surface or other similar wind control
method, installation of straw or fiber mats to prevent rain related erosion. Detention
basin(s) or other appropriately sized barrier to surfiacc flow must be installed at the
discharge point(s) of drainage from the site. Any water collected ti'om these controls shall
be appropriately disposed of at a disposal site. These measures shall be added as gertcral
notes on the site plan and a statement added that thc operator is responsible 'for ensuring
that these measures continue to be el-~Ective during the duration o'f thc project
construction.
· Appropriate controls shill be installed to prevent all materials from being tracked off site
by vehicles or oflqer means. These controls may include gravel exits or wash-dox~a~ areas.
An,v materials tracked off site must be removed as soon as possible, but no later than the
end of the operation day. This material shall be disposed of at an appropriate disposal site.
These measures shall be added as general notes on the site plan and a statement added that
the operator is responsible for ensuring that these measures continue to be ei"fective during
fl~e duration of the project construction.
Sources: Field Verification
Submined Plans
Tustin C;ity Code
Item a. b. c. d. e. h. i & ] · No impact
The prqiect would not violate water quality standards or waste-water discharge requirement
as conditioned. The project would not deplete groundwater supplies or interfere substantially
with groundwater recharge. The project site is relatively flat where no substantial alteration
to the drainage pattern in a manner which would result in substantial erosion, siltation, or
flooding on or ofl: site. The project site is not located within a 100-year flood ht~ard areas as
mapped on a Federal Flood llazard Boundary or Flood Insurance Rate Map, nor is the project
located within a 100-year flood hazard area structures which would impede or redirect flood
'flows.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 8 of 13
Mitigation Measures: None Required.
Sources: Field Verification
Submitted Plans
Tustin City Codc
9. LAND USE PLANNING
Items a. b & c - No Impact:
The subject property is designated by the General Plan Land Usc Map as Public and
Institutional (P&I) and zoned Suburban Residential (R-4). Prior to 1986, the property was
improved with a twenty-six (26) unit apartment complex and was designated by the General
Plan as Multi-fanfily Residential and zoned Multiple Family Residential (R-3).
In 1986, the City Council approved a General Plan Amendment from Multi-thmily
Residential to Public and Institutional (P&I) and a zone change from Multiple Family
Residential (R-3) to Public and Institutional (P&I) at the request of the hospital owner to
accommodate a temporary parking area for thc hospital. In 1994. as part of the citywide
General Plan Amendment, the property was inadvertently rezoned to Suburban Residential
(R-4) inconsistent with the General Plan land use designation of Public and Institutional
(P&I).
The proposed project would require a change in land use designation and zoning of the
property to the original land use designation and zoning of ltigh Density Residential and
Multiple Family Residential (R-3), respectively. With these changes, the proposed usc
would be consistent with the applicable land use and zoning regulations.
The proposed project would not divide an established community. The proposed project is
not located in the conservation plan or natural community conservation plan. The proposed
pro. ject would not conflict with any applicable conservation plan.
Mitigation Measures: None Required.
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
Tustin Zoning Map
10. MINERAL RESOURCES
Items a & b - No Impact:
The proposed project is not located in the mineral resource recovery site m~d would not usc
nonrenewable resources in a wasleful or inefficient manner.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 9 of 13
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
11. NOISE
Items c & d--- I.ess Than Significant lmpact with Mitieation Incorporation:
The development would result in short-term construction noise impacts, lfowever, the Tustin
City Code requires compliance with the City's Noise Ordinance and construction hours.
Long-term noise would be increased due to increase in vehicle trips, air conditioners,
landscape maintentmce equipment, and any other noise associated with residential
development. However, any development within the City would be subject to the Tustin
Noise stmadards. The increase in vehicle trips is not anticipated to exceed the City's noise
standards o1:65 CNEL for exterior noise level and 45 CNEL lbr interior noise level.
The proposed project is three (3) stow in height. Although the project is not located within
the John Wayne Airport flying path, it is in close proximity to the incoming flights over the
State Route 55 f'reeway to Jobaa Wayne Airport. The City, County and State criteria tbr
Community.' Noise Equivalent (CNEI.) 'for residential uses is 65 dB consistent with the Tustin
Noise standards. In accordance to the California Airport Noise Standards, John Wayne
Airport performs quarterly noise monitoring at several locations. Based on the quarterly
noise abatement reports, the project is not located within the 65 CNEL area/noise impact
area. As a result, no specific method of conslruction would be required to mitigate the
unanticipated aircraf~r noise impacts. ]'he project, however, would be conditioned to meet
City's noise standards.
Mitigation Measures/Monitoring Required:
· The applicant shall comply' with Tustin Noise Ordinance to limit all exterior and
interior noise levels to the established standards.
· All construction operations, including engine warm-up and deliveries ol" materials and
equipment, shall be subject to the provisions of the 'l'ustin Noise Ordinance and shall take
place only between the hours of 7:00 a.m. and 6:00 p.m.. Monday through Friday, and
between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the
Community I)evelopmem Director an&"or Building Official. Construction activities arc
prohibited on Sundays mad City observed Federal holidays.
Sources: Submitted Plans
Tustin City Code
'Fustin Noise Ordinance
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002. ZC 99-003
Page 10 of 13
Tustin General Plan
Item a. b. e & 1'-No Impact:
The proposed project would not create excessive ground vibrations, nor will it create a
permanent increase in the existing ambient noise levels beyond the established standards. The
site is not located within an airport land use plan or within two (2) miles of a public or
private airport. The project would not expose people residing or working in the project area
to excessive noise.
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
Tustin Zoning Code
12. POPULATION & HOUSING
Items a. b. and c -No Impact:
The proposed project would construct a fifty-four (54) unit senior housing pro. jcct and
increase the density in the area. The increase, however, would not be substm~tial in that new
streets or new public services would need to be created. Nevertheless, the applicant has
agreed to dedicate a ten (10) foot strip of land as a condition of approval for future street
widening to accommodate the anticipated increase in vehicle trips. No growth impacts to the
area are anticipated due to the widening.
The project site is currently vacant and the construction of a new apartment complex on a
vacant land would not displace existing housing or displace substantial numbers of people.
necessitating the construction of replacement housing elsewhere.
Mitigation Ivleasures/Moni.toring Required: None
Sources: Submitted Plm~s
Tustin City Code
Tustin General Plan
13. PUBLIC SERVICES
Item a - No Impact:
The proposed project would construct fifty-four (54) unit senior housing project. Although
the project would increase the density within the area, the increase is not substantial in which
new streets, public services, or infrastructure would need to be created. Nevertheless, the
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-(103
Page llof13
applicant has agreed to dedicate a ten (10) lbot strip of land as a condition of approval for
future street widening to accommodate the anticipated increase of vehicle trips.
Mitigation Measures/Monitoring Required: None
Sources: Submitted Plans
Tustin City Code
14. RECREATION
Items a & b - No Impact:
The project is not located in proximity to recreational facilities. The project would not
increase the use of existing parks such that substantial deterioration of the facility would
occur or be accelerated, nor would th.e project include recreational facilities that would have
an adverse physical ef[kct on the environment.
Mitigation Measures/Monitoring Required: None Required
Sources: Subrnitted Plans
Tustin City Code
l 5. TRANSPORTATION/TRAFFIC
Items b. c. d. e & f- No Impact:
'.l?he proposed project is anticipated to generate approximmely 216 weekday trips. The
project would generate nine (9) AM peak hour trips and fifteen (15) PM peak hour trips.
These anticipated trips v,.'erc added to the Intersection Capacity Utilization (lC[;) at the
Newport Avenue and Sycamore Avenue intersection, and the increase does not cause an
appreciable increase in the ICU value. Hence, the Level of Service for Newport Avenue and
Sycamore Avenue is basically unchanged. Nevertheless, the applicant has agreed to dedicate
a ten (10) ibot strip of land as a condition of approval for thture street widening to
accommodate the anticipated increase in vehicle trips.
The proposed project would not result in changes to air traffic p.attcrns, emergency access, level
of service standards, or conflict with adopted policies, plans or programs supporting alternative
lransportation.
Mitigation Measures/Monitoring Required:
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 12 of 13
· Dedication of ten (10) feet of additional street right-of-way along Sycamore Avenue
will be required for future street widening consistent with the Orange County and the
City's Master Plan of Arterial Highway. The dedication shall be provided through an
irrevocable offer of dedication and shall be recorded prior to issuance of building
permits. Provide legal descriptions and sketches as prepared by a California Registered
Civil Engineer or Calitbrnia Licensed Land Surveyor to the Engineering Division for
review and approval.
Sources: Submitted Plans
Tustin City Code
Parking Analysis
16. UTILITIES & SERVICE SYSTEMS
Items a. b. c. d. e. f & e - No Impact:
The proposed prqject would not require modification to existing utilities or need for
additional utilities to serve the site. All necessary utilities are in place to serve the subject
property. The proposed project would not requh'e or result in the construction of new water or
wastewater treatment facilities. The proposed project would utilize the existing storm drain
system and thus would not require construction of a new storm water drainage facility.
Adequate water supply from existing resources would be available to serve the proposed
project.
Mitigation Measures/Monitoring Required: None Required.
Sources: Submitted Plans
Tustin City Code
Tustin General Plm~
1 7. MANDATORY FINDINGS OF SIGNIFICANCE
Items a. b & c -No Impact:
The project design, construction, and operation will comply with the regulations of thc
Community Development Department, Air Quality Management District, and ()range
County Fire Authority which reduces any potential impacts related to geological problems,
water quality, air quality, hazards, and noise to a level of insignificance. The project does not
have the potential to degrade the quality of the environment nor achieve short-term
environmental goals to the disadvtmtage of the long-term. It does not have impacts that are
individually" limited but cumulatively considerable or that would cause substantial adverse
impacts on human beings.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 13 o1' 13
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
S.".CD[Y.!US'I'INA,¢utrcm plannin[;',Envirl.mmental"-a, SL Al~.achm. cnt ,\ doc
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial ~Vcry, Tustin, CA 9278(I
/714) $73-3]00
NEGATIVE DECLARATION
Project Title: Conditional Use Penrfit 99-007, Design Review 99-006, General Plato Amendment 99-002, and
Zone Change 99-003.
Project Location: 1101 Sycamore Avenue
Project Description: Construction ora fifty-fern' (54) unit senior affbrdable housing project, a General Plan
Amendment to amend the existing land use designation from Public & Institutional (P&I) to High Density
Residential to provide for residential development on the project site, a Zone Chm~ge to chm~ge the zoning
designation from Subm'ban Residential (R-4) to Multiple Family Residential (R-3) to provide for multiple
family residential development, a Conditional Use Perrnit to conditionally penrfit the proposed project in the R-
3 Zoning District and a Design Review for the rex4ew of building design and site plamxing.
Project Proponent: City of Tustin, 300 Cen;ermial Way, Tustin, CA 92780
Lead Agency Contact Person: Justina Wil!kom Telephone: (714) 573-3174
The Community Development Depm'tment has conducted an Initial Study for the above project in accordance
with the City of Tustin's procedures regarding implementation of the California Environmental QualiLv Act,
and on the basis of that study hereby finds:
~.~ That there is no substantial evidence that the project may have a significant effect on the environmen't.
[--'] That potential significant effects were identified, but revisions h.ave been included in the prqject plans
and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no
si~tificm~t effects would occur. Said Mitigation Measm'es are included in Attachment A of the Initial
Stud,-,' which is attached hereto and incorporated herein.
Therefore, the preparation of an Environmental Impact Report is not required.
Ihe Initial Study which provides the basis for this determination is attached and is on file at the Comn:mnity
Development Department, Cit-3.' of Tustin. The public is invited *.o comment on the appropriateness of this
Negative Declaration during the re~4ew period, which begins with the public notice of Negative Declaration. and
extends for twent-y (20) calendar days. Upon review by the Community Development Director, this review
period may be extended if deemed necessary.
REVIEW PERIOD ENDS 4:00 P.M. ON MAY 8, 2001
Date APRIL 19, 200i
Elizabeth A. Binsack
Community Development Director
Section E of Exhibit A of Resolution No. 3783
Comments and Responses
Environmental Review for
GPA 99-002, ZC 99-003, CUP 99-007 and DR 99-006
1. A notice of the public review period required by California Environmental
Quality Act (CEQA) for the Negative Declaration was published on April 19,
2001 in the Tustin News and mailed to property owners on May 4, 2001. The
notice also indicated that the Planning Commission will consider the project
on May 14, 2001.
Section 15073 of the California Environmental Quality Act indicates that the
lead agency shall provide a public review of not less than twenty (20) days.
Section 15072 indicates a notice of intent to adopt a Negative Declaration
shall be made available to the public by one of the following methods: 1)
publication at least one time by the lead agency in a newspaper of general
circulation: 2) posting notice by the lead agency on or off site in the area
where the project is to be located; and, 3) direct mailing to owners and
occupants of the property contiguous to the project.
Consistent with the CEQA guidelines, the notice was published in the Tustin
News on April 19. 2001 (see attached proof of publication).
In addition, consistent with the Government Code Section 65091 (Planning,
Zoning, and Development Law) regarding providing notice of a public hearing,
a notice of the public hearings was mailed to property owners within three
hundred (300) foot radius and the property was posted with a notice of public
hearing on May 4, 2001, ten (10) days prior to the public hearing on May 14,
2001. This notice also referred to the public review period.
Source: California Environmental Quality Act (CEQA) Guidelines
Planning, Zoning, and Development Laws
2. Item No. 11 of Section D of Exhibit A of Resolution No, 3783 analyzes noise
impacts that may result from the construction of a senior housing project. The
analysis discusses short-term and long-term construction noise impacts.
The development would result in short-term noise impacts associated with
construction activity. However, the Tustin City Code requires compliance with
the City's Noise Ordinance and construction hours. Condition No. 1.15
restricts all construction operations, including engine warm-up and deliveries
of materials subject to Tustin Noise Ordinance to take place only between the
hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00
a.m. and 5:00 p.m. on Saturday. Construction activity is not anticipated to
Section E of Exhibit A of Resolution No, 3783
Comments and Responses
GPA 99-002, ZC 99-003, CUP 99-007, and DR 99-006
Page 2 of 4
generate significant noise levels beyond limits imposed by the Noise
Ordinance.
Long-term noise would increase slightly due to increases in vehicle trips, air
conditioners, landscape maintenance equipment, and any other noise
associated with residential development. The increase in vehicle trips is
projected to be 216 weekday trips and the noise anticipated from air
conditioners and landscape maintenance equipment is expected to be similar
to normal residential uses. The increase of the noise level resulting from the
project is not anticipated to exceed the City's noise standards of 65 CNEL for
exterior noise level and 45 CNEL for interior noise level. As such, the noise
associated with the project is not anticipated to be significant.
The proposed project is three (3) floors in height. Although the project is not
located within the John Wayne Airport flight pattern, it is in close proximity to
the incoming flights over the State Route 55 freeway to John Wayne Airport.
In accordance to the California Airport Noise Standards, John Wayne Airport
performs quarterly noise monitoring at several locations. Based on the
quarterly noise abatement reports, the City's Acoustical Consultant (Wieland
Associates, Inc.) estimates the aircraft-generated CNEL experienced at the
project site is 55 dB, well below the City's noise standard of 65 dB (see
attached Noise Contours). He further indicates that it is possible, under the
right conditions to reflect aircraft noise off the proposed three-story building.
This could increase single event aircraft noise levels by I or 2 dB. Under
these "worst case" conditions, the aircraft-generated CNEL might increase to
57 dB. This is still well below the City's standard of 65 dB. Therefore, no
specific method of construction would be required to mitigate the
unanticipated aircraft noise impacts. However, Condition No. 1.13 has been
placed to ensure that the project complies with Tustin Noise Ordinance to limit
all exterior and interior noise sources and levels to the established standards.
Based upon analysis on potential noise, all impacts could be mitigated to a
level of insignificance. Therefore, an Environmental Impact Report is not
required.
Source: John Wayne Airport Noise Abatement Quarterly Report.
David Wieland, Inc. findings dated May 10, 2001.
3. The Newport Avenue extension project and SR-55 freeway ramp
reconfiguration have been delayed in the past primarily due to funding
constraints and right-of-way acquisition issues. The construction of these
projects was scheduled to begin in 2002, however, the City is currently
reviewing its Capital Improvement Program budget and these projects may be
further delayed due to funding and right-of-way constraints.
Section E of Exhibit A of Resolution No. 3783
Com~.'nents and Responses
GPA 99-002. ZC 99-003, CUP 99-007, and DR 99-006
Page 3 of 4
Source: Doug Anderson, City of Tustin Engineering Division.
4. Sycamore Avenue currently serves as a route to three schools in the area. It
also serves as a link to the SR-55 freeway. Sycamore Avenue is designated
as a four-lane secondary arterial highway on the Orange County Master Plan
of Arterial Highways and on the City's Arterial Highway Plan in the General
Plan. As such, Sycamore is planned to accommodate approximately 25,000
vehicles per day in the future. Currently, there are 7,100 vehicles per day on
Sycamore Avenue, which indicates an acceptable level of traffic service.
There are occasions during the school drop-off and pick-up times that
Sycamore Avenue is highly congested with vehicles as well as pedestrians.
However, this is typical of traffic near all schools at these times of the day and
is a temporary condition, which lasts approximately 30-minutes in the morning
and 30-minutes in the afternoon during the weekdays.
According to the Tustin Police Department there have not been reports nor
citations of double parked vehicles to accommodate drop-off or pick-up
activities near the schools on Sycamore Avenue.
Source: Doug Anderson, City of Tustin Engineering Division.
City of Tustin Police Department
5. Legally parked vehicles on Sycamore Avenue do not block nor restrict traffic
flow on the roadway. Vehicles attempting left-turns may slow and could stop
traffic momentarily to complete turns but cause only minor inconveniences for
drivers on Sycamore Avenue.
Source: Doug Anderson, City of Tustin Engineering Division.
6. The traffic proposed to be generated from the American Senior Living project
equates to 216-weekday trips as indicated in the Institute of Transportation
Engineers Trip Generation Manual. The project is anticipated to generate 9
AM peak hour trips and 15 PM peak hour trips. When these trips are added
to the existing traffic volumes on Sycamore Avenue there is a negligible
change in the level of traffic service on the roadway. The volumes from the
project were also added to the Sycamore Avenue/Newport Avenue
intersection volumes and the Intersection Capacity Utilization (ICU) was
reviewed for possible impacts. The result was a negligible change in the ICU
numbers. In conclusion, the added trips attributable to the proposed project
will not result in a decrease in traffic levels of service to Sycamore Avenue or
the intersection of Newport Avenue/Sycamore Avenue.
Section E of Exhibit A of Resolution No, 3783
Comments and Responses
GPA 99-002, ZC 99-003. CUP 99-007, and DR 99-006
Page 4 of 4
The property is currently zoned R-4 which would allow for a twenty-five (25)
unit apartment to be built on the site. The trip generation for a twenty-five
(25) unit apartment equates to 166 weekday trips with 13 AM peak hour trips
and 16 PM peak hour trips. Compared to the proposed senior housing
project, the weekday trip generation for a twenty-five (25) unit apartment is
less, however, the peak hour trips are higher. For traffic 'analysis purposes,
peak hour traffics are the essential information in determining if a project
would have a traffic problem. In summary, compared to the use which would
be allowed under the existing zoning, the proposed senior housing project
would create less peak hour trips.
Based on the above information, pursuant to the CEQA guidelines, and
mitigation measures that have been made as a condition of approval, an
Environmental Impact Report is not required.
Source: Doug Anderson, City of Tustin Engineering Division.
S.'.CDD',JL, ST'.NA'.cur-en: p!an,-..ing'ASL Com"ne,~ts and Resp3nses.doc
;~'~FFIDAVIT O1~ PUBLICATION PROOF OF PUBLICATION
'!'~,is spa~ is fo:..:he County ~k:s Ffiin.~ ~8:-~.,~'~- ~--~
~..~,.~k.. ~ ~ ~.. ~..~
STATE OF C,~O~N~ )
Co~W o~ Oran~o )
I ~ a citizen oldie U~ted States and a resider
of~e Count), aforesaid; I am over ~e age of ~ofofPubli~fim of
cigh~en years, mad not a p~' ~o or ~t~rested
~ the above entitled mawr. I am ~ ~ipal
clerk of The Tustin News, a new~aper ~at
has been adjudged to b~ a new~ap~r ofg~ner~
ckculation by ~e Supez%r Cowt of~e Coun~
of Orange, State of Califo~a, on Aught 24,
1928, Case No. A-601 ~ and for ~e City of
Tusfin, Co~' of Orange, State of
that ~:e notice, ofwt~eh ~e amn~xed is a
printed copy, has been pum. sn~d ~ ~ch re~i~
and entke issue of said newspaper and not ~ any
supplement ~ereof on ~e fo!lo~ng ~tes, to
wit:
April 19, 2001
"Ic.m_y~ ':~ (or de~l~e) under the. .~e~.tv. of
perjmW under ~e laws of the S~tc of Califomia
tMt the fo:egoing is ~e and
Executed at Santa Aha, Or.ge Cowry,
Caiifo~a, on
Date: April !9, 2001
The Tustin News
625 N. Grand Ave.
Santa Ana~ CA ~2701
(714) 796-7000 ext. 3002
I
II
, -- ~ ~ .. ~ j' ~ ~ -
~, ... , , ~ .! ~ ....
, ,. -._,~ ., ~..~ .,..,~,,
.,,., ,~, , .. ~l.~.~ ...... ,.l~ . , ,.. , . ~ ~
...... ~, ....... ,~' ,. ~, .~,,,~ ~'-~=~, ,.., ..
· ~ ~..,
~E~D E~atcd Lock, on of
A~$OC~S, ~C. ~o~ Wayne ~o~ Noise Conto~s, 2000
5
JOHN WAYNE AIRPORT ~~
2000 ANNUAL 60, 65, 70 and 75
CNEL NOISE CONTOURS
~e~r~'e Grevt, Associates
Leonard "Mark" Markwitz R E C~ E I ~t E D
14761 Del Arno Ave. t~AY ~ 9 ~00!
Tustin, Calif. 92780
(714) 544-8584 DEELOP, 4 t :;
mnarkl~pacbeiLnet = ~ -. ~"
May 7, 2001
Ms. Justina Willkom
Community Development Dept.
300 Centennial Way
Tustin, CA 92780
Ms. Willkom,
I'am concerned that there is not an Emdronmental Impact Report contemplated for the
Conditional Use Permit 99-007 Design Rexdew 99-006 General Plan Amendment 99-002 and
Zone Change 99-003.
Let me ask why the nearby affected homes were not provided information earlier regarding this
project. I received the Office Notice of Public Hearing flyer on Saturday May 52 showing a
mailing date of May 4~h. Within the flyer, it is stated that a review period was slated for April 19
through May 8~. In that our mail delivery service is received between the hours of five to five
thirty in the evening there was nothing that could be done until Monday the 7t~ at the earliest thus
giving us just one day for the review. Why was this fiver delayed in its mailing? Was it so that
people would not bother to look into this matter and thus it could fly through without any outside
comments?
My concern for this project falls into two categories. First, noise via the echo affect, and second,
the traffic.
As a matter of history, let me state that I have lived in the above listed address since the home
was built in 1962. At that time all the adjacent properties were orange groves. John Wayne
Airport had reciprocating aircraft etc, at some time after we moved into this home; we did
receive a flyer informing us that the lot, which was located directly behind our home, was
scheduled to receive a two-story building. This, at that time, did not alarm us since we had some
two-story homes erected directly to the south of our residence. However, unbeknown to us, this
two-story structure was actually built on top of a garage. This two-story structure is, for all
practical purposed, a three-story structure. This information was not provided to us; thus my
concern for this new project.
As time will have it, John Wayne traffic increased and along with that the jet aircraft
became into play which after still further growth, we are currently forced to live with the
landing approach to John Wayne being designated directly over the Costa Mesa freeway
(55). Air traffic should fly directly over the freeway - which they, at times, do not.
Aircraft are flying over my home, or close to my home many times during the time
allotted for their landings.
With the current flight path to John Wayne Airport, and when the aircral~ are near, or at
times directly over my home, those aircraft are ready for landing with their landing gear
down and flaps extended. These aircra~ are noisy believe me.
With this background, I would now like to introduce the "echo affect" which I have had
to endure since the construction of the three-story structure directly behind my residence.
Every time an aircrat~ sways from its assigned flight path and wanders near of over my
home the noise has an "echo affect" caused by the tall structure behind me.
It is with this concern that I would like to have an Environmental Impact Report made.
This report should encompass a reading of the decibel noise prior to construction of this
project and again after it is completed. I feel that a decibel reading should be taken to
show what will happen and what could happen to the three story structures with the
"echoes affect" between the buildings.
Traffic - Ex-Councilman Potts, during is first election advocated that he would undertake
the extension of Newport Blvd. to include the on and offramp of the Costa Mesa Freeway
(55). Mr. Ports was the elected Mayor of Tustin twice and was re-elected many times but
to this date, no extension has constructed. This has been shelved from year to year. It is
currently scheduled to start, prior to it being postponed again, next year 2002.
Traffic on Sycamore has had to endure the vehicular traffic for three schools, which are
located on Sycamore. Normal traffic coming off the Costa Mesa Freeway, plus traffc
from Tustin Meadows, utilizes Sycamore to gain access to the freeway. On rainy days,
when the schools are in session, traffic is tenable with parents attempting to pick up their
children/~om the schools. There are not enough parking spaces to do this. This has caused
the parents to double park and thus stopping traffic.
Parked automobiles on Sycamore restrict waffle both ways so that a vehicle making a left
turn would stop all traffic behind it. This traffic will certainly increase with this new
comemplated project. The vehicular traffic on Sycamore would come to a crawl
It is therefore requested that a thorough Environmental Impact Report be made for the noise and
also for the traffic that this project would provide. It is also advised that this project should be
looked at for a possible other location since the structure would require ceiling and wall
insulation plus double pane windows for the noise factor which is not the ideal situation for the
age bracket of individuals who are being contemplated as residence for this project.
· · · · · · ·
· · · · ·
ATTACHMENT D
Resolution N'o. 3784
and
Exhibit A (General Plan Land 'Use Designation)
RESOLUTION NO. 3784
~- A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN RECOMMENDING THAT THE CITY
3 COUNCIL APPROVE GENERAL PLAN AMENDMENT 99-
002 AMENDING THE GENERAL PLAN LAND USE
4 DESIGNATION FROM PUBLIC/INSTITUTIONAL TO HIGH
5 DENSITY RESIDENTIAL ON A '1.82 ACRE VACANT LOT
LOCATED AT '110'1 SYCAMORE AVENUE.
The planning Commission does hereby resolve as follows:
7
I. The Planning Commission finds and determines as follows:
A. That a proper application has been filed for General Plan
9 Amendment 99-002 to amend the General Plan Land Use
Designation of a 1.82 acre vacant parcel located at 1101
l0 Sycamore Avenue from Public/Institutional to High Density
~ Residential.
~_~ B. That a public hearing was duly called, noticed, and held on
said application on May 14, 2001, by the Planning
~.~ Commission.
]4 C. That General Plan Amendment 99-002 is consistent with and
implements the following land use policies of the General
]5 Plan:
Land Use Policies:
]7
1) Policy 1.1: Preserve the Iow-density quality of Tustin's
J~ existing single-family neighborhoods while permitting
compatible multi-family development to meet regional
]') housing needs where best suited from the standpoint
20 of current development, accessibility, transportation
and public facilities.
22 2) Policy 1.5: Encourage compatible and complementary
infill of previously by-passed parcels in areas already
2~ predominantly developed.
24 3) Policy 2.2: Maintain consistency between the Land Use
2.~ Element, Zoning Ordinances, and other City
ordinances, regulations and standards.
Housing Goals and Policies:
1) Goal 1: Provide an adequate supply of housing to meet
the City's need for a variety of housing types to meet
the diverse socio-economic needs of all community
residents."
Resolution No. 3784
Page 2
I
2) Policy 1.1: Promote the construction of additional
~ dwelling units to accommodate Tustin's share of
regional housing needs identified by Southern
4 California Association of Governments (SCAG), in
~ accordance with adopted land use policies.
6 3) Policy 1.12: Encourage incentives to assist in the
? development of affordable housing such as 1) reducing
permit processing time and waiving or reducing
8 applicable permit fees; 2) on-site density bonuses
when appropriate; 3) tax-exempt financing; and 4)
~ flexibility in zoning or development standards.
]0
4) Policy 1.19: Develop incentives to encourage non-profit
]~ and other for-profit private sector interests to use
available federal and state program for new' or
12 rehabilitated affordable housing.
D. That the proposed amendment is in the best interest of the
~4 public and ensure consistency between the General Plan and
the Zoning Ordinance.
15
E. A Final Negative Declaration has been prepared and
16 recommended for certification for this project in accordance
with the provisions of the California Environmental Quality Act
~7 (CEQA).
II. The Planning Commission hereby recommends that the City Council
]~) approve General Plan Amendment 99-002, amending the General
Plan Land Use Designation of the subject property from
20 "Public/Institutional" to "High Density Residential," as identified in
Exhibit A attached hereto.
2]
PASSED AND ADOPTED by the Planning Commission of the City of
22 Tustin, at a regular meeting on the 14th day of May, 2001.
24
LESLIE A. PONTIOUS
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 3784
Page 3
1
2 STATE OF CALIFORNIA )
COUNTY OF ORANGE )
3 CITY OF TUSTIN )
4
~ I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Planning Commission Secretary of the City of Tustin, California; that
~' Resolution No. 3784 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of May, 2001.
7
9 ELIZABETH A. BINSACK
Planning Commission Secretary
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Exhibit A
of
Resolution No. 3784
GENERAL PLAN AMENDMENT 99-002
14561
14552 I
{ 14581 14552
-- f 145§1
,
,464. Public,/ I m .~1 C
t4692 j
14702
Residential
l
-*.2 I High Density Residemial ~ l, High DensiD, Residential
From To
Public/Institutional High DensiB~ Residential
ATTACHMENT E
Resolution No. 3785
and
'Exhibit A (Zoning .Designation)
RESOLUTION NO. 3785
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF TUSTIN,
RECOMMENDING THAT THE CITY COUNCIL
APPROVE ZONE CHANGE 99-003, AMENDING
ZONING DESIGNATION ON A 1.82 ACRES
VACANT LOT LOCATED AT 1101 SYCAMORE
AVENUE FROM SUBURBAN RESIDENTIAL (R-4)
DISTRICT TO MULTIPLE FAMILY RESIDENTIAL
(R-3) DISTRICT.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application was filed for Zone Change 99-003 to
amend the zoning designation of the property located at 1101
Sycamore Avenue from Suburban Residential (R-4) District to
Multiple Family Residential (R-3) District.
B. That a public hearing was duly called, noticed and held on said
application on May 14, 2001, by the Planning Commission.
C. That the proposed Zone Change 99-003 is consistent with the
policies of the General Plan and that the zone change under
the circumstances of this case, will not be detrimental to the
health, safety, morals, comfort, or general welfare of the
persons residing or working in the neighborhood of the project
site, nor will it be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, or
to the general welfare of the City of Tustin, as evidenced by the
following findings:
(a) The proposed zone change from Suburban Residential
(R-4) District to Multiple Family Residential (R-3) District
is consistent with the General Plan Amendment 99-002.
(b) Amending the existing zoning to the High Density
Residential zoning designation provides an opportunity
to create additional affordable housing units to
accommodate Tustin's share of regional housing needs
identified by Southern California Association
Government (SCAG).
Resolution No. 3785
Page 2
]
(c) The Multiple Family Residential (R-3) zoning district is
2 compatible with the residential character of adjacent
high density residential uses to the East and South of
3 the property.
4
D. A Negative Declaration has been prepared and recommended
-~ for adoption this project in accordance with the provisions of
the California Environmental Quality Act (CEQA).
7 II. The Planning Commission hereby recommends that the City Council
approve Zone Change 99-003 amending the Zoning Map in
~ accordance with Exhibit A, attached hereto.
') PASSED AND ADOPTED by the Planning Commission of the City of Tustin,
at a regular meeting on the 14th day of May, 2001.
10
II
LESLIE A. PONTIOUS
Chairperson
14
ELIZABETH A. BINSACK
~5 Planning Commission Secretary
]6
17
18
STATE OF CALIFORNIA
i~) COUNTY Of ORANGE )
CITY OF TUSTIN )
2O
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Planning Commission Secretary of the City of Tustin, California; that
Resolution No. 3785 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of May, 2001.
24
ELIZABETH A. BINSACK
Planning Commission Secretary
$:;CDD\PCRE SOSL3785.doc
2?
28
Exhibit A
of
Resolution No. 3785
ZONE CHANGE 99-003
'.c~, I . C-1 /
!~ ' tR 3~ "",/.0 .'
. I,~. R3 ~ ,,~ ,',.;., ,,~
3 : ~' ~ !C___,1:,,.',"";': ",,.,~ 0
"': :" ' ' , i~'"- r~~ i
-R 3: / .... /,'x ~' / '-. ,.~, ~ , ,,x~ c~ / ,.
~ ~' '~',, ~ "" 3 " .0~ ~ ~ '"',
..,. -~,.. ~~ " .~ ~ ,~ ' .
~.., ,,'~ ~ :..~,,,~w-~zT,~.,~ .-....
,.~~.:~.,,' ,... :x,.?'.,. , ,~..... ,;,. ..,.,
% '~.,..',~x i',,, ·
,_,,~ ~ ~ '~':~'"' ':
From '
To
Suburban Residential District Multiple Family Residential District
(m4) (R-3)
ATTACHMENT F
Resolution No. 3786
and
Exhibit A (Conditions of Approval)
RESOLUTION NO. 3786
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF TUSTIN,
APPROVING CONDITIONAL USE PERMIT 99-007
AND DESIGN REVIEW 99-006, AUTHORIZING THE
CONSTRUCTION OF A FIFTY-FOUR (54) UNIT
SENIOR AFFORDABLE HOUSING PROJECT AT
1101 SYCAMORE AVENUE.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit 99-007
and Design Review 99-006 was filed by American Senior
Living, Inc. requesting authorization to construct a fifty-four
(54) unit senior affordable housing project on the property
located at 1101 Sycamore Avenue.
B. That the proposed use is consistent with General Plan
Amendment 99-002, if approved by the City Council, which
changes the General Plan Land Use Designation from
"Public/Institutional" to "High Density Residential."
C. That the proposed use is consistent with Zone Change 99-
007, if approved by the City Council, which changes the
zoning of the property from Suburban Residential (R-4)
District to Multiple Family Residential (R-3) District.
D. That the proposed use is allowed within the R-3 District with
the approval of a Conditional Use Permit.
E. That a public hearing was duly called, noticed, and held on
said application on May 14, 2001, by the Planning
Commission.
F. That the development of a fifty-four (54) unit senior affordable
housing project and the establishment, maintenance and
operation of the use applied for will not, under the
circumstances of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of the persons
residing or working in the neighborhood of such proposed
use, nor be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, or
to the general welfare of the City of Tustin, as evidenced by
the following findings that the proposed project, as
conditioned, will not be injurious, detrimental to, or have a
negative effect on surrounding properties:
1. Establishing a senior affordable housing project at this
location will not be detrimental to the health, safety,
~ Resolution No. 3786
CUP99-007 & DR99-006
- Page 2
~ morals, comfort, and general welfare of the persons
4 residing in or working in the neighborhood nor injurious
or detrimental to property or improvements in the
· ~ vicinity since the proposed character and intensity of
~; the project is comparable to and compatible with
existing multiple family apartment developments to the
? East and South, a hospital to the North, and a hospital
parking lot to the West. In addition, several operational
~ conditions are proposed that will ensure that the
c~ operation will not impact existing uses located within
the immediate area;
I ()
~ 2. The proposed project complements existing or future
uses allowed by the Zoning Code in that the hospital to
i~_ the north would complement the needs of senior
residents and future uses within the vicinity could
1_~ provide job opportunities to the senior residents;
14
3. The proposed project would provide affordable housing
~ for seniors consistent with the goals and policies of the
,~, General Plan;
~,'. 4. The scale, massing, and design of the proposed facility
are appropriate for the area;
18
~) 5. As conditioned, the proposed site plan provides for
sufficient vehicle ingress, egress, on-site maneuvering,
_~o and parking; and,
6. Consistent with the Orange County and the City's
:~ Master Plan of Arterial Highway, ten (10) feet of
additional street right-of-way along Sycamore Avenue
::~ for future street widening as a secondary arterial
:4 highway will be dedicated.
:~ G. Pursuant to Section 9272 of the Tustin Municipal Code, the
Commission finds that the location, size, architectural
:~ features, and general appearance of Design Review 99-006,
as conditioned, will not impair the orderly and harmonious
:7 development of the area, the present or future development
:~ therein, or the occupancy as a whole. In making such
findings, the Commission has considered at least the
:~ following items:
Resolution No. 3786
CUP99-007 & DR99-006
Page 3
1. Height, bulk, and area of buildings.
2. Setbacks and site planning.
$
3. Exterior materials and colors.
0
4. Type and pitch of roofs.
'7..'
8 5. Size and spacing of windows, doors, and other
openings.
') 6. Towers, chimneys, roof structures, flagpoles, radio and
~c, television antennae.
]~ 7. Landscaping, parking area design, and traffic
circulation.
12
8. Location, height, and standards of exterior illumination.
9. Location and appearance of equipment located outside
I'~ an enclosed structure.
~'~ 10. Location and method of refuse storage.
;6 11. Physical relationship of proposed structures to existing
~7 structures in the neighborhood.
~8 12. Appearance and design relationship of proposed
structures to existing structures and possible future
~ structures in the neighborhood and public
thoroughfares.
2O
13. Proposed signage.
21
14. Development Guidelines and criteria as adopted by the
:: City Council.
:5 H. That the granting of a density bonus for a senior affordable
2..~ housing project is consistent with the Government Code
Section 65915 related to Density Bonus Law, the goals and
:~ policies of Tustin's General Plan, the requirement to provide
Tustin's share of affordable housings as identified in the
.~, regional housing needs assessment, and a Housing Incentive
Agreement is required as a condition of approval for the
-~? project.
:~ I. That the dedication of a four (4) foot sidewalk behind the drive
apron is consistent with the requirement of the Americans with
-~ Disabilities Act (ADA) related to adequate sidewalk area for
the disabled and is required to minimize impacts associated
I Resolution No. 3786
CUP99-007 & DR99-006
- Page 4
:~ with increase in pedestrian traffic resulting from the
.1 development of a senior housing project.
.~ J. A Negative Declaration has been prepared for this project in
accordance with the provisions of the California
~ Environmental Quality Act (CEQA) for final consideration by
the City Council.
7
I1. The Planning Commission hereby approves Conditional Use Permit
~ 99-007 and Design Review 99-006 to authorize construction of a
,~ fifty-four (54) unit affordable senior housing project on the property
located at 1101 Sycamore Avenue, subject to the conditions
~0 contained in Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 14th day of May, 2001.
LESLIE A. PONTIOUS
Chairperson
~' ELIZABETH A. BINSACK
~._. Planning Commission Secretary
STATE OF CALIFORNIA )
_~0 COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Planning Commission Secretary of the City of Tustin, California; that
Resolution No. 3786 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of May, 2001.
24
ELIZABETH a. BINSACK
Planning Commission Secretary
27
2O
EXHIBIT A
CONDITIONAL USE PERMIT (CUP) 99-007 AND
DESIGN REVIEW (DR) 99-006
CONDITIONS OF APPROVAL
RESOLUTION NO. 3788
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped May 14, 2001, on file with the Community
Development Department, as herein modified, or unless otherwise
indicated, as modified by the Community Development Director in
accordance with this Exhibit. The Director may also approve subsequent
minor modifications to plans during plan check if such modifications are
consistent with provisions of the Tustin City Code or other applicable
regulations.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior to the issuance of any building permits for the project,
subject to review and approval by the Community Development
Department.
(1) 1.3 The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within eighteen (18) months of the date of this Exhibit. Time extensions
may be considered if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
(1) 1.4 Approval of Conditional Use Permit 99-007 and Design Review 99-006 shall
become null and void unless the City Council approves the General Plan
Amendment 99-002 and Zone Change 99-003.
(1) 1.5 Approval of Conditional Use Permit 99-007 and Design Review 99-006 are
contingent upon the applicant and property owner signing and returning to
the Community Development Department a notarized "Agreement to
Conditions Imposed" form and the property owner signing and recording
with the County Clerk-Recorder a notarized "Notice of Discretionary Permit
Approval and Conditions of Approval" form. The forms shall be established
by the Director of Community Development and evidence of recordation
shall be provided to the Community Development Department.
(1) 1.6 The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval of this
project.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION REQUIREMENTS
(3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (7) PC/CC POLICY
*** EXCEPTIONS
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 2
(1) 1.7 Any violation of any of the conditions imposed is subject to the imposition of
a civil penalty of $100.00 for each violation and each day the violation
exists.
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action.
Us~ Restrictions
(3) 1.9 The use shall be limited to fifty-four (54) independent living senior
apartments. Any changes in use or operation will require review and
approval from the Building Official and the Community Development
Director.
*** 1.10 Pursuant to approval of a density bonus, the applicant shall enter into an
agreement with the City prior to issuance of grading or building permits to
continue the affordability of all very Iow and lower-income units for thirty
(30) years or a longer period of time if required by the construction or
mortgage financing assistance program, mortgage insurance program, or
rental subsidy program. Those units for lower-income households shall
be affordable at a rent that does not exceed 30 percent of 60 percent of
area median income. Those units for very Iow-income households shall
be affordable at a rent that does not exceed 30 percent of 50 percent of
area median income. The breakdown of affordable units including number
of units, type of units, income levels, and rent levels shall be approved by
the City prior to issuance of any permits.
*** 1.11 The applicant shall record the CC&Rs to limit occupancy to tenants 55
years of age or older in perpetuity. The CC&Rs shall prohibit conversion
of the senior housing project to any other forms of occupancy without the
review and approval of the City of Tustin.
*** 1.12 The applicant shall enter into a housing incentive agreement with the City
of Tustin. The housing incentive agreement shall be reviewed by the
Planning Commission and the City Attorney. The Planning Commission
shall provide a recommendation to the City Council for final approval. The
Agreement shall be recorded prior to the issuance of building permits and
shall include at least the following:
· The total number of units approved for the project including the
number of affordable units.
· A description of the household income group to be accommodated by
the project and the standards for determining the corresponding
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 3
affordable rent.
· The location, unit sizes (square feet), and number of bedrooms of
affordable units.
· Affordability restrictions for affordable units of at least 30 years.
· A schedule for completion and occupancy of affordable units.
· A description of the Concession or Incentive or other Incentive of
Equivalent being provided by the City.
· A description of remedies for breach of the Agreement by either party.
· Other provisions to ensure implementation and compliance with this
Chapter and State Law.
· The rules and procedures for qualifying tenants, establishing
affordable rent, filling vacancies, and maintaining affordable units for
qualified tenants.
· Provisions requiring the owner to verify tenant incomes and maintain
books and records to demonstrate compliance with this Chapter and
State Law.
· Provisions requiring owners to submit an annual report to the City.
which includes the name, address, and income of each person
occupying affordable units, and which identifies the bedroom size and
monthly rent or cost of each affordable unit.
(1) 1.13 The applicant shall comply with Tustin Noise Ordinance to limit all exterior
and interior noise levels to the established standards.
(6) 1.14 All plant materials shall be installed in a healthy and vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming, moving,
weeding, removal of litter, fertilizing, regular watering, and replacement of
diseased or dead plants.
(2) 1.15 All construction operations, including engine warm-up and deliveries of
materials and equipment, shall be subject to the provisions of the Tustin
Noise Ordinance and shall take place only between the hours of 7:00 a.m.
and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00
p.m. on Saturday, unless otherwise determined by the Community
Development Director and/or Building Official. Construction activities are
prohibited on Sundays and City-observed Federal holidays.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 4
(2) 1.16 Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
(1) 1.17 Light fixture design shall complement the architectural design of the
buildings and comply with the Tustin City Code security ordinance. At a
minimum, there shall be lights projecting below roof eaves or from the
ground upward to complement the appearance of the building particularly
for the "South" building elevation facing Sycamore Avenue.
(1) 1.18 A minimum six (6) foot high decorative block wall shall be constructed
along the east. north, and west property lines with the exception of the
front setback area where the wall shall be reduced to a maximum of three
(3) feet. The block wall shall be treated with anti-graffiti materials.
(1) 1.19 The wrought iron fence along the front shall be painted a flat green color
to complement the landscape area.
(1) 1.20 No fence or walls within the required front yard setback shall exceed three
(3) feet in height.
(7) 1.21 The site plan shall clearly depict existing improvements to the property,
such as power poles, etc. All new and existing utilities provided shall be
undergrounded. A note shall be added to the site plan indicating that utilities
will be undergrounded.
*** 1.22 The building exterior shall be painted with Color Scheme "B." Any
variation to the approved color scheme shall be reviewed and approved
by the Community Development Director.
*** 1.23 The foam strips on the exterior elevations shall be treated with hard
surface to create a grade separation between the two different stucco
types.
(1) 1.24 Roofing materials shall be full dimensional architectural composition
shingles with color and manufacturer to be approved by the Community
Development Department and the Redevelopment Agency.
(1) 1.25 All rooftop equipment shall be fully screened from public view.
(1) 1.26 A minimum of four (4) inch trim on all windows shall be provided.
Exhibit A - Condibons of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 5
Landscape/Irrigation Plan
(1) 1.27 The site shall be landscaped consistent with the City's Landscaping and
Irrigation Guidelines. Landscaping shall consist of a combination of
berming and sufficient numbers of shrubs and trees to provide adequate
screening, subject to the satisfaction of the Community Development
Director.
*** 1.28 Perimeter landscape materials adjacent to the carports shall include a
minimum of four (4) feet to six (6) feet high shrub hedges.
(1) 1.29 A precise landscape and irrigation plan including landscape grading,
backflow preventors, and timers shall be reviewed and approved by the
Community Development Director prior to issuance of a building permit.
(6) 1.30 Provide a detailed landscape and irrigation plan for all landscaping areas on
the site and include the following information:
a. A summary table applying indexing identification to plant materials in
their actual location. The plan and table must list botanical and
common names, sizes, spaces, actual location, and quantity of the
plant materials proposed.
b. Planting and berming details, soil preparation, staking, etc.
c. The irrigation plan shall show location and control of backflow
prevention devices, pipe size, sprinkler type, spacing, and coverage.
Details for all equipment must be provided.
d. All property lines on the landscaping and irrigation plan, public right-
of-way area, sidewalk widths, parkway areas, and wall locations, if
any.
e. Note on landscaping plan that coverage of landscaping irrigation
materials is subject to field inspection at project completion by the
Community Development Department.
(6) 1.31 The submitted landscaping plans shall incorporate the following
requirements, either incorporated into the design or included in the notes:
a. Turf is unacceptable for grades over 25 percent. A combination of
planting materials must be used; ground cover on large areas alone
is not acceptable.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 6
b. Provide a minimum of one 15-gallon size tree and five 5-gallon
shrubs for every 30 feet of property line on the property perimeter.
c. Shrubs shall be a minimum of 5-gallon size and shall be spaced a
minimum of 5 feet on center when intended as screen planting.
d. Ground cover shall be planted between 8 to 12 inches on center.
e. When one-gallon plant sizes are used, the spacing may vary
according to materials used.
(6) 1.32 The landscape materials shall not conflict with the visual clearance
requirements of any existing or proposed driveway approaches.
Parkina Area
(1) 1.33 Open parking spaces along Sycamore Avenue shall be screened with a
three (3) foot high landscape mound, shrub, berm, or combination of
these elements.
(1) 1.34 Parking lot lighting shall be arranged so that direct rays do not shine on
adjacent property. Lighting fixtures and intensity of lighting shall be
subject to the review and approval of the Community Development
Director. At Building Plan Check, manufacturer's details of all lighting
fixtures and a lighting plan which identifies the location, type of fixtures,
and intensity (photometric study) of all exterior building-mounted and free-
standing lighting shall be provided. All light fixtures shall be architecturally
compatible with proposed structures.
(1) 1.35 A four (4) foot striping in lieu of curb face shall be provided between the
gate access and visitor parking to allow for added turning radius.
(1) 1.36 Signs shall conform to the City of Tustin Sign Regulations for Residential
Districts. The monument sign to identify the building shall not exceed six
(6) feet in height with a maximum of fifteen (15) square feet of sign area.
(1) 1.37 Directional signs shall not exceed six (6) square feet per face nor four (4)
feet in height and are limited to one (1) sign per entrance to the site.
(1) 1.38 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, the street number shall be displayed in a prominent location on the
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 7
street side of the building. The numerals shall be no less than six (6) inches
in height and shall be of contrasting color to the background to which they
are attached and illuminated during the hours of darkness.
Building Division
(3) 2.1 At the time of building permit application, the plans shall comply with the
1998 California Building Code (CBC), 1998 California Mechanical Code
(CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy
Regulations, City Ordinances, and State and Federal laws and regulations.
Building plan check submittal shall include the following:
· Seven (7) sets of construction plans, including drawings for
mechanical, plumbing, and electrical.
· Two (2) copies of structural calculations.
· Two (2) copies of Title 24 energy calculations.
· Elevations that include all proposed dimensions, materials, colors,
finishes, and partial outlines of adjacent buildings on site and off site
where applicable.
· Details for the proposed windows and doors.
· Roofing material shall be fire rated class "B" or better.
· The location of any utility vents or other equipment shall be provided
on the roof plan.
· A note shall be provided on the plans that: "All parking areas shall be
illuminated with a minimum of one (1) foot-candle of light, and lighting
shall not produce light, glare, or have a negative impact on adjacent
properties."
· Provide a cross-section detail showing the installation of the proposed
rooftop equipment. Rooftop equipment shall be installed and maintained
below parapet so as not to be visible from the public right-of-way. An
elevation showing rooftop equipment installation related to the height of
the parapet and proposed equipment must be identified at plan check
submittal and will be subject to the approval of Community Development
Department Director.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 8
· Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of record.
(3) 2.2 Define building use on the plans and identify occupant load:
(3) 2.3 Project must comply with accessibility requirements for site, pool,
apartments (CBC section 1103.1.9 and 1106), egress, and refuge area
requirements in accordance with 1998 California Building Code Chapter 11.
(3) 2.4 Openings in exterior walls are not permitted less than five (5) feet from
property lines in accordance with the 1998 California Building Code (Table
5A).
(3) 2.5 Provide escape or rescue windows in all sleeping rooms in'accordance with
the 1998 California Building Code (Section 310.4).
(3) 2.6 Provide area analysis for all buildings (residences and garages) and show
compliance with allowable floor areas based on 1998 California Building
Code Chapter 5, Table 5-B.
(3) 2.7' Dwelling units shall be provided with heating facilities capable of
maintaining a temperature of 70 degrees at a point three (3) feet above the
floor in all habitable rooms in accordance with the 1998 California Building
Code (Section 310.11).
(3) 2.8 Prior to permit issuance, clearances will be required from the Orange
County Health Department (for pool) and the Orange County Fire Authority.
(3) 2.9 Provide information to ensure compliance with the requirements of the
Orange County Sanitation District No. 7.
(3) 2.10 Parking for disabled persons shall be provided with an additional five (5)
foot loading area with striping and ramp; disabled persons shall be able to
park and access the building without passing behind another car. At least
one (1) accessible space shall be van accessible served by a minimum 96-
inch wide loading area.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 9
(3) 2.11 Seven (7) sets of final grading plans consistent with the site and
landscaping plans as prepared by a registered civil engineer shall be
submitted and shall include the following:
· Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
· Three (3) copies of precise soil report provided by a civil engineer and
less than one (1) year old. Expanded information regarding the levels
of hydrocarbons and ground water contamination found on site shall
be provided in the soil report. All pavement "R" values shall be in
accordance with applicable City of Tustin standards.
o All site drainage shall be handled on site and shall not be permitted to
drain onto adjacent properties.
· Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
· Provide two (2) copies of Hydrology Report.
(7) 2.12 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and
prohibiting grading during second stage smog alerts and when wind
velocities exceed 15 miles per hour.
(3) 2.13 The engineer of record must submit a final compaction report to the
Building Division for review and approval prior to the issuance of a
building permit.
(3) 2.14 The engineer of record must submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
(3) 2.15 All construction activity shall comply with the requirements of the City of
Tustin Grading Manual which requires frequent watering of the project site
to control dust and prohibiting grading during second stage smog alerts and
when wind velocities exceed 15 miles per hour.
(3) 2.16 All grading, drainage, vegetation and circulation shall comply with the City
of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks,
lighting and storm drain shall comply with on-site improvement standards.
Any deviations shall be brought to the attention of the Building Official and
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 10
request for approval shall be submitted in writing prior to any approval.
(3) 2.17 Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
(3) 2.18 All site drainage shall be handled on site and shall not be permitted to drain
onto adjacent properties.
(5) 2.19 The applicant shall comply with the following conditions pertaining to the
requirement for a Water Quality Management Plan:
· Prior to issuance of building permits, the applicant shall submit for
approval by the Community Development and Public Works
Departments, a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMPs) that will be used on
site to control predictable pollutant run-off.
· This WQMP shall identify the following: structural and non-structural
measures specified detailing implementation of BMPs whenever they
are applicable to the project; the assignment of long-term
maintenance responsibilities (specifying the developer, parcel owner,
property maintenance, lessee, etc.); and, reference to the location(s)
of structural BMPs.
(5) 2.20 All necessary precautions and preventive measures shall be in place in
order to prevent material from being washed away by surface waters or
blown by wind. These controls shall include at a minimum: Regular wetting
of surface or other similar wind control method, installation of straw or fiber
mats to prevent rain-related erosion. Detention basin(s) or other
appropriately sized barrier to surface flow must be installed at the discharge
point(s) of drainage from the site. Any water collected from these controls
shall be appropriately disposed of at a disposal site. These measures shall
be added as general notes on the site plan and a statement added that the
operator is responsible for ensuring that these measures continue to be
effective during the duration of the project construction.
(5) 2.21 Appropriate controls shall be installed to prevent all materials from being
tracked off site by vehicles or other means. These controls may include
gravel exits or wash-down areas. Any materials tracked off site must be
removed as soon as possible, but no later than the end of the operation
day. This material shall be disposed of at an appropriate disposal site.
These measures shall be added as general notes on the site plan and a
statement added that the operator is responsible for ensuring that these
measures continue to be effective during the duration of the project
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 11
construction.
(3) 2.22 An erosion control plan shall be reviewed and approved by the Building
and Engineering Divisions prior to issuance of building permits.
(3) 2.23 A surety/cash bond is required to assure work is completed in accordance
with approved plans prior to permit issuance. The engineer's estimated
cost of the grading, drainage, and erosion control shall be submitted to the
Building Official for determination of the bond amount.
(5) 2.24 Provide information for compliance with the requirements of the Orange
County Fire Authority, including fire flow and installation of fire hydrants
subject to approval of the City of Tustin Public Works and/or Irvine Ranch
Water District.
(3) 2.25 A note shall be provided on final plans that a six (6) foot high chain link
fence shall be installed around the site prior to building construction stages.
A nylon fabric or mesh shall be attached to the temporary construction
fencing. Gated entrances shall be permitted along the perimeter of the site
for construction vehicles.
(1) 2.26 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, street numbers shall be displayed in a prominent location on the
street side of the complex. The numerals shall be no less than six (6)
inches in height and shall be of contrasting color to the background to which
they are attached and illuminated during hours of darkness.
(1) 2.27 Individual trash can service may be provided on the site provided that such
service is acceptable in writing by the City's solid waste hauler. In the event
that trash bin service is requested either at this time or in the future by the
City's solid waste hauler, an adequate size trash enclosure with solid metal,
self-closing, self-latching gates shall be provided. Said enclosure shall be
screened by a solid decorative wall consistent with the adjacent buitding's
material and finish and be of a minimum height of six (6) feet. The actual
location of the enclosure and types of screening and details of the
enclosure shall be submitted at building plan check and are subject to
approval by the Community Development Department. The location of the
bin, size, and quantity shall be reviewed and accepted in writing by the
City's solid waste hauler.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 12
3.1 Dedication of ten (10) feet of additional street right-of-way along
Sycamore Avenue will be provided for future street widening, consistent
with the Orange County and the City's Master Plan for Arterial Highway.
The dedication shall be provided through an irrevocable offer of
dedication and shall be recorded prior to issuance of building permits.
Provide legal descriptions and sketches as prepared by a California
Registered Civil Engineer or California Licensed Land Surveyor to
Engineering Division for review and approval.
(5) 3.2 A separate twenty-four (24) inch by thirty-six (36) inch street improvement
plan, as prepared by a California Registered Civil Engineer, will be
required for all construction within the public right-of-way. Construction
and/or replacement of any missing or damaged public improvements will
be required adjacent to this development. Said plan shall include, but not
be limited to, the following:
a. Curb and gutter;
b. Sidewalk, including curb ramps for the physically disabled;
c. Drive apron;
d. Domestic water facilities;
e. Sanitary sewer facilities; and.
f. Underground utility connections.
A twenty-four (24) inch by thirty-six (36) inch reproducible construction
area traffic control plan, as prepared by a California Registered Traffic
Engineer or Civil Engineer experienced in this type of plan preparation,
will be required.
(1) 3.3 Preparation and submittal of a final grading plan showing all pertinent
elevations as they pertain to the public right-of-way along with delineating
the following information:
a. Final street elevations at key locations;
b. Final pad/finished floor elevations and key elevations for all site
grading. All pad elevations to be a minimum of one (1) foot above
base flood elevation as defined by FEMA; and,
c. All flood hazards of record.
(1) 3.4 Prior to any work in the public right-of-way, an Encroachment Permit must
be obtained from and applicable fees paid to the Public Works
Department.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 13
(1) 3.5 Current Federal American with Disabilities Act (ADA) requirements will
need to be met at the drive aprons. This will require construction of a
minimum four (4) foot wide sidewalk behind the drive apron. The
maximum cross slope of the sidewalk shall be two (2) percent and the
maximum ramp slope of the drive apron shall be ten (10) percent. This
will require dedication of additional right-of-way to accommodate the
sidewalk construction. A legal description and sketch of the dedication
area, as prepared by a California Registered Civil Engineer and/or
California Licensed Land Surveyor, shall be submitted to the Engineering
Division for review and approval.
(1) 3.6 Project shall comply with all applicable provisions of the City of Tustin
Water Quality Ordinance and all Federal, State and Regional Water
Quality Control Board rules and regulations.
Fire Authority
*** 4.1 The applicant shall obtain a recorded ingress/egress agreement from the
property owner north of the site for use of the drive aisle on the northerly
side of the subject property for emergency access to the "WEST" building
through the proposed pedestrian access gate. The recorded
ingress/egress agreement shall be obtained and provided to the
Community Development Director prior to the issuance of any permits. If
the recorded ingress/egress agreement cannot be obtained, the applicant
will need to work with the Orange County Fire Authority for an alternative
resolution to this issue.
*** 4.2 The proposed pedestrian access gate at the north property line shall be
equipped with a Knox lock for emergency personnel access. An
additional fire personnel pedestrian access gate at the southwest corner
of the site shall be provided for fire access to the "WEST" building. This
pedestrian access gate also needs to be equipped with a Knox lock.
*** 4.3 A Knox key override switch shall be installed for police/fire access.
Location for a Knox key override shall be installed at the front of the
automatic gate on the pilaster to the east of the driveway. Prior to the
issuance of any grading permits, the applicant shall submit and obtain the
Fire Chief's approval for the construction of any gate across required fire
authority access road/drives and walkways. Contact the Orange County
Fire Authority at (714) 744-0499 for a copy of the "Guidelines for Fire
Authority Emergency Access."
(1) 4.4 Prior to issuance of any grading permit, submit and obtain approval of
plans for all roads, streets, and courts, public or private, from the Fire
Chief in consultation with the Manager, Subdivision, and Grading Services
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 14
and submit to the Community Development Department in conjunction
with the next submittal. The plans shall include the plan view, sectional
view, and indicate the grade and width of the street or court measured
flow line to flow line. All proposed fire apparatus turnarounds shall be
approved by the Fire Chief and, if needed, clearly marked when a dead-
end street exceeds 150 feet or when otherwise required. Applicable
CC&Rs, or other approved documents, shall contain provisions which
prohibit obstructions such as speed bumps/humps, control gates, or other
modifications within said easement or access road unless prior approval
of the Fire Chief is granted.
(1) 4.5 The intercom directory shall allow for a minimum of 20-foot fire
department access.
(1) 4.6 Prior to issuance of a building permit, submit and obtain approval from the
Fire Chief for fire lanes on required fire access roads less than 36 feet in
width and submit to the Community Development Department in
conjunction with the next submittal. The plans shall indicate the locations
of red curbing and signage. A drawing of the proposed signage with the
height, stroke, and color of lettering and the contrasting background color
shall be submitted to and approved by the Fire Chief.
(1) 4.7 Submit to the Fire Chief evidence of the on-site fire hydrant system and
indicate whether it is public or private. If the system is private, the system
shall be reviewed and approved by the Fire Chief prior to issuance of
building permits. Provisions shall be made by the applicant for the repair
and maintenance of the system in a manner meeting the approval of the
Fire Chief. A fire hydrant shall be located within 150 feet of all exterior
portions of the building.
(1) 4.8 Prior to the issuance of Certificate of Occupancy, all fire hydrants shall
have a blue reflective pavement marker indicating the hydrant location on
the street or drive per the Orange County Fire Authority Standard as
approved by the Fire Chief. These markers are to be maintained in good
condition by the property owner.
(1) 4.9 Prior to issuance of a building permit, submit plans for any required
automatic fire sprinkler system in any structure to the OCFA for review
and approval.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 15
(1) 4.10 Prior to the issuance of a Certificate of Occupancy. the fire sprinkler
system shall be operational in a manner meeting the approval of the Fire
Chief.
(1) 4.11 Prior to the issuance of the certificate of use and occupancy, the
approved fire lanes shall be installed in accordance with the approved fire
lane plan. The CC&Rs or other approved documents shall contain a fire
lane map and provisions which prohibit parking in the fire lanes. A
method of enforcement shall be included.
(1) 4.12 Prior to the issuance of a building permit for combustible construction, the
builder shall submit a letter on company letterhead stating that water for
fire-fighting purposes and the all weather fire protection access roads
shall be in place and operational before any combustible material is
placed on site subject to an on-site inspection.
(1) 4.13 Submit plans for the review and approval of the Fire Chief as indicated on
the OCFA Plan Submittal Criteria form. Contact the Orange County Fire
Authority at (714) 744-0403 for a copy of the Fire Safety Site/Architectural
Notes to be placed on the plans prior to submittal.
(1) 4.14 Plans for an approved fire-suppression system for the protection of
commercial-type cooking equipment shall be submitted to the Fire Chief
for review and approval. This system shall be operational prior to the
issuance of a Certificate of Use and Occupancy.
(1) 4.15 Plans for the fire alarm system shall be submitted to and approved by the
Fire Chief. This system shall be operational prior to the issuance of a
Certificate of Use and Occupancy.
(1) 5.1 Prior to issuance of any building permits, payment shall be made of all
applicable fees, including, but not limited to, the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
a) Building and grading plan checks and permit fees to the
Community Development Department based on the most current
schedule.
b) Private improvement plan check and permit fees.
Exhibit A - Conditions of Approval
Resoiution No. 3786
CUP 99-007 & DR99-006
Page No. 16
c) Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
d) New development fees in the amount of S350 per unit, plus S100
per bedroom over one in each unit.
e) School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
f) Payment of the Orange County Sanitation District No. 7 Sewer
Connection Fees at the time a building permit is issued. The
current fee is $580 per each one-bedroom unit and $910 per each
two-bedroom unit.
g) Payment of the Major Thoroughfare and Bridge Fees to Tustin
Public Works Department at the time a building permit is issued.
The fee as of July 1. 2000, is $1.621 per dwelling unit.
h) Transportation System Improvement Program (TSIP) fees for area
· "B" in the amount of $3.31 per square foot.
i) Tustin Water District fees.
(1) 5.2 Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of $43.00
(forty-three dollars) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period
that applicant has not delivered to the Community Development
Department the above-noted check, the statute of limitations for any
interested party to challenge the environmental determination under the
provisions of the California Environmental Quality Act could be
significantly lengthened.
*** $.3 Prior to the issuance of any permits, the applicant shall pay applicable
administrative fees at the discretion of the Redevelopment Agency in lieu
of any exemption for real estate tax due to non-profit ownership.
S",C D D,PCR ESC S'.378,3.d~c
RESOLUTION NO. 3783
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING
THE FINAL NEGATIVE DECLARATION AS
ADEQUATE FOR CONDITIONAL USE PERMIT 99-
007 AND DESIGN REVIEW 99-006, AND
RECOMMENDING THAT THE CITY COUNCIL
ADOPT THE FINAL NEGATIVE DECLARATION AS
ADEQUATE FOR GENERAL PLAN AMENDMENT
99-002 AND ZONE CHANGE 99-003, AS REQUIRED
BY THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That the General Plan Amendment 99-002, Zone Change 99-003,
Conditional Use Permit 99-007, and Design Review 99-006 are
considered a "project" pursuant to the terms of the California
Environmental Quality Act; and
B. An Initial Study and Negative Declaration have been prepared for
this project and distributed for public review. The Initial
Study/Negative Declaration evaluated the implications of the
proposed development.
C. The Planning Commission of the City of Tustin has considered
evidence presented by the Community Development Director and
other interested parties with respect to the subject Negative
Declaration.
D. The Planning Commission has evaluated the proposed Negative
Declaration and determined that with incorporation of the
mitigation measures, the project would not have a significant
effect on the environment.
II. A Final Negative Declaration, attached hereto as Exhibit A, has been
completed in compliance with CEQA and state guidelines. The Planning
Commission has received and considered the information contained in
the Negative Declaration prior to recommending approval of the
proposed project and found that it adequately discusses the
environmental effects of the proposed project. On the basis of the initial
study and comments received during the public hearing process, the
Planning Commission finds that there will not be a significant effect as a
result of the project.
Resolution No. 3783
Page 2
In addition, the Planning Commission finds that the project involves no
potential for any adverse effect, either individually or cumulatively, on
wildlife resources as defined in Section 711.2 of the Fish and Games
Code. The Planning Commission hereby adopts the Final Negative
Declaration for Conditional Use Permit No. 99-007 and Design Review
No. 99-006 and recommends that the City Council adopt the Final
Negative Declaration for General Plan Amendment 99-002 and Zone
Change 99-003.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 14th day of May, 2001.
VLffSLIE APOflTIOUS
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
17
18
STATE OF CALIFORNIA )
]9 COUNTY OF ORANGE )
CITY OF TUSTIN )
20
21
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
2,2 Planning Commission Secretary of the City of Tustin, California; that Resolution
23 No. 3783 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 14th day of May, 2001.
2.4
28 ELIZABETH A. BINSACK
Planning Commission Secretary
29
Exhibit A of Resolution No. 3783
Exhibit A of Resolution 3783
Final Negative Declaration
GPA 99-002, ZC 99-003, CUP 99-007 and DR 99-006
Table of Contents
A. Initial Study
B. Environmental Factors Potentially Affected
C. Determination
D. Evaluation of Environmental Impacts
E. Response to Comments
F. Mitigation Measures Monitoring Schedule
COMMUNITY DEVELOPMENT DEPARTMENT
300 Cemennial Way, Tustin, CA 92780
(714) 573-3100
INITIAL STUDY
A. BACKGROUND
Prqject Title: Conditional Use Permit 99-007, Design Review 99-006: General Plan Amendment
99-002, and Zone Change 99-003.
Lead Agency: City of Tustin
300 Centennial Way
Tusfin, Cali~brnia 92780
Lead Agency
Contact Person: Justina Willkom Phone: (714) 573-3174
Project Location: 1101 Sycamore Avenue
Project Sponsor's
Name and Address: N/A
General Plan Designation: Public and Institutional (.P&I)
Zoning Designation: Suburban Residential (R-4)
Project Description: Construction of a fifty-four (54) unit senior aft.brdable housing prqject, a General
Plan Amendment to amend the existing land use designation from Public &
Institutional (P&I) to High Densit? Residential xo provide for residential
development on the project site, a Zone Change to change the zoning designation
from Suburban Residential (R-4) to Multiple Family Residential (R-3) to provide
for multiple family residential development, a Conditional Use Permit to
conditionally permit the proposed prqject in the R-3 Zoning District, and a
Design Review for the review of bt. ilding design, site planning, and site
development.
Surrounding Uses:
North: Hospital East: Multi-family Residential
South: Offices and Multi-Family Residential West: Hospital Parking Lot
Other public agencies whose approval is required:
[] Orange County Fire Authority [] City oflrvinc
[] Orange Count' Health Care Agency [] City of Santa Aha
[] Sot. th Coast Air Qualit3.' Management [] Orange County
District EMA
[] Other
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
'the environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant hnpact" as indicated by thc checklist in Section D below.
I-II, and Use and Planning [-'-]Hazards
[--]Population and Housing [--]Noise
[--]Geological Problems [~Public Services
[--[Water [--]Utilities and Service
Systems
[-]Air Quality [--]Aesthetics
[--]Transportation & Circulation [--~.Cultural Resources
[--]Biological Resources .~V'-]Recreation
[-]Energy and Mineral Resources ['-]Mandatory Findings of
Significance
C. DETERMINATION:
On the basis of this initial evaluation:
[---] I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION v,411 be prepared.
I find that although the proposed project could have a significm~t effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet
have been added to the project. A NEGATIVE DECLARATION will be prepared.
['"-] I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
[--] I find that the proposed project MAY have a significant effect(s) on thc environment, but '.at least onc
effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and
2) has been addressed by mitigation measures based on the earlier analysis as described on attached
sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated."
An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that
remain to be addressed.
['--] I find that although the proposed prqjcct could have a significant effect on the envirorm~ent, there WILl,
NOT be a significm~tt effect in this case because all potentially significant effects 1) have been analyzed
adequately in m~ earlier EI'R pursuant to applicable standards, and 2) have been avoided or mitigated
pursmmt to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
I find 'that although the proposed project could have a significant effect on the environment, there WILI..
NOT be a signitlcant effect in this case because all potentially significant effects 1 ) have been analyzed
adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have
been avoided or mitigated pursuant to that earlier NEGATIVE DECLAR_ATION, including revisions or
mitigation measures that are imposed upon the proposed project.
Preparer: Justina Willkom Title Associate Planner
I~'lizabe'th A.~Bi~sacl~, Co~ui~i~y l~e-veiopment Director
D. EVALUATION OF ENVIRONMENTAL IMPACTS
Directions
l) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A '~No hnpact" answer is
adequately supported if the re['erenced information sources show that the impact simply does not apply to projects
like the one involved (e.g. the project falls outside a t~lult rupture zone). A "No Impact" answer should be
explained where it is based on project-specific factors and general standards (e.g. the project will not expose
sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take into account the whole action involved, including oil'-site, on-site, cumulative prqject level,
indirect, direct, construction, and operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, tile checklist answers must
indicate whether the impacl is potentially significant, less than significant xvith mitigation, or less than signiticant.
"Potentially Significant Impact" is appropriate if there is substantial evidence lhat an effect may be significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Signilicant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant hnpact" to a "I_ess than Significant
Impact." The lead agency must describe the mitigation measures, and briel]y explain how they reduce the effect
to a less than significant level (mitigation measures From Section XVII, "Earlier Analyses," may be cross-
referenced).
5) Earlier analyses ma3: be used where, pursuant to the ticring, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIP, or negative declaration. Section 15063 (c) (3)(I)). In this case, a brief
discussion should identit? the following:
a) Earlier Analysis Used. ldentil}' and state where they are available fi)r review.
b) Impacts Adequately Addressed. Identity' which effects t¥om thc above checklist were within tile scope of'
and adequately analyzed in an earlier document pursuant to applicable legal standards, mid state xvhether
such effects were addressed by mitigation measures based on thc earlier analysis.
c) Mitigation Measures. For effects that are :'[,ess than Significant: with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined f¥om the earlier document and the
extent to which/he)' address site-specific conditions for the pr(~ject.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested R)rm, and lead agencies are free to usc different formats; however, lead agencies
normally address the questions from this checklis! that are relevant to a project's environmental effects in
whatever fbrmat is selected.
9) The explanation of each issue should identify':
a) the significance criteria or threshold, if any, used to evaluate each question; and,
b) the mitigation measure identified, if any, to reduce the impact to less than significance.
EVALUATION OF ENVIRONM.ENTAL IMPACTS
Le.ss Than
Signi. ficanl
Potemiall)' f~"ilh Less l't~an
Significanl 3 litigation Signi. flcant
!. AESTHETICS - Would the project: ~ fmpacl Incorporation ]mpac't .Yo Impact
a) t lave a substantial adverse effect on a scenic vista? ~ ~ ~ ~
b) Substantially damage scenic resources, including, bur not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway? ~ ~ ~ ~
c) Substantially degrade the existing visual character or
quality oFthe site and irs surroundings? ~ ~ ~ ~
d) Create a new source of substantial light or glare which
would adversely at/ect day or nighttime views in the m'ea? ~ ~ ~ L~
Il. AGRICULTURE RESOURCES: In determining
whether impacts to agricultural resources are significant
enviromnental effects, lead agencies may reler to the
California Agricultural Land Evaluation ~d Site Assessment
Model (I 997) prepared by the Calitbrnia Dept. of
Conservation as an optional model to use in assessing impacts
on agriculture and rauland. Would the prqject:
a) Conx.'e~ Prime Farmland, Unique Farmland, or Farmland
oi' Starewide lmpo~ance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program otthe CaliFornia Resources Agency, to non-
agricultural use? ~ ~ ~ ~
b) Conflict with existing zoning lbr agricultural use, or a
Williamson Act contract? ~ ~ ~ ~
c) Involve olher changes in the existing environment which,
due to their Iocatioll or nature, could result in conversion of
Farmland. to non-agricuhural usc? ~ ~ ~ ~
IH. AIR QUALITY: Where available, the significance
criteria established by the applicable air quality management
or air pollution control district may be relied upol3 to make the
following determinations. Would the prqject:
a) Conflict wifl~ or obstruct implementation ofthe applicable
air quality plan? ~ ~ ~ ~
b) Violate any air quality standard or contribute substantially
to an existing or projected air quality violation? ~ ~ ~ ~
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable tEderal or state ambienl air
quality standard (including re[easing emissions which exceed
quantitative thresholds for ozone precursors)? ~ ~ ~ ~
d) Expose sensitive receptors to substantial pollutm~t
concenn'afio~s? ~ ~ ~ ~
e) Create o~jectionable odors aflEcling a subslantial number
ot'peop[e? ~ ~ ~ ~ ~
Les; Ihan
Significant
Potentially With Less 7hah
$igni. fican! Mitigation Significant
IV. BIOLOGICAL RESOURCES: - Would the project: Impact h,corporation Impact No Impact
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified as a
candidme, sensitive, or special slams species in local or
regional plans, policies, or regulations, or by the California
Depan'ment offish and Game or U.S. Fish and Wildlife
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department offish and Game or U.S. Fish and Wildlife
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological interruption, or
other means? ~ ~ ~ ~
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratoD' wildlife corridors, or
impede the use of native wildlife nurseD: sites? ~ ~ ~ ~
e) Conflict wifl~ any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance? ~ ~ ~ ~
O Conflict with the provisions of an adopted Habitat
Conservation Plan. Natural Community Conservation Plan, or
other approved local, regional, or state habitat conservation
plan? ~ ~ ~ ~
V. CULTURAL RESOURCES: - Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource as defined in § 15064.5? [] ~ [] []
b) Cause a substantial adverse change iii the significance of
an archaeological resource pursuant to § 15064.5? [] [] ~ []
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature? [] [] [] ~..
d) Disturb any human remains, including those interred
outside of formal cemeteries? [] [] F'-] []
VI. GEOLOGY AND SOILS: - Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
invoMn~'
Less 7hah
Significant
Potentially With Less Than
Significant Mitigation S~nificant
]nlpac'l Incorporation hnpacl ,'Vo hnpacl
i) Ruptur~ of a known ea~hquake fault, as delineated on the
most recent Alquist-Priolo Ea~hquake Fault Zoning Map
issued by the State G~ologist for the area or based on other
substantial ovidcnce of a known fault? Refer to Division of
Mines and Geology Special Publication 42. ~ ~ ~ ~
ii) Strong seismic ground shaking? ~ ~ ~ ~
iii) Seismic-relined ground i~ilure, including liqueff~ction? ~ ~ ~ ~
iv) Landslides? ~ ~ ~ ~
b) Result in substantial soil erosion or the loss of topsoil? ~ ~ ~ ~
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project, and
potentially result in on- or off:site landslide, lateral spreading.
subsidence, liquofaction or collapse'? ~ ~ ~ ~
d) B~ located on expansive soil, as defined iu Table 18-I-B
ofrh~ Uniform Building Code (1994), creating substantial
risks to life or prop~y? ~ ~ ~ ~
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systoms where
sewers are not available lbr ~he disposal of wasie water? ~ ~ ~ ~
VII.HAZARDS AND HAZARDOUS M. ATERIALS:
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or disposal of
hazardous materials? ~. [] [] []
b) Create a significant hazard to the public or the
enviromnent through reasonably foreseeable upset and
accident conditions invoMng the release of hazardous
materials into thc environment? i--I ~ [] []
c) Emit hazardous ernissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school? [] ~ [] []
d) Be located on a site which is included on a list o1'
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or lhe environment? [] [] [] []
e) l-.'or a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles ora
public airport or public use airport, w'ould the project result in
a safety hazard for people residing ur working in the project
area? [] [] [] []
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people residing
or working in the project area'? ?i [--i [] []
Less Than
Potentially With Less 'Than
Significant Mitigation Significant
g) Impair implementation of or physically interfere with an Impact Incorporation Impact No Impact
adopted emergency response plan or emergency evacuation
plan?
h) Expose people or structures to a significant risk of loss,
injuD.' or death involving wildland fires, including where
wildlands are a{jacent to urbanized areas or where residences
are intermixed with wildlands?
VIII. ItYDROI,OGY AND WATER QUALITY: -- Would
lhe project:
a) Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater rech~ge such that there would
he a net deficit in aquifer volume or a lowering of the local
.~roundwater table level (e~.=., the production rate of pre-
existing nearby wells would drop to a level which would not
suppo~ existing land uses or planned uses for which permits
have been granted)?
c) Substamially alter the existing drainage pattern of the site
or area. includin~ throuoh the alteration of the course of a
stream or river, in a manner which would result in substantial
erosion or siltation on- or ol'l~site?
d) Substantially aher the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount of
surface runoff' in a manner which would result in flooding on-
or off-sile?
e) Create or contribute runoffwater which would exceed the
capacity oF existing or planned stormwater drainage systems
or provide substantial additional sources of polluled runof2
I) Otherwise substantially degrade water quality?
,,) Place housine within a 100-year flood hazard area as
mapped on a f~deral Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hamrd delineation map?
h) Place within a 100-year flood hazard ~ea s~ructures
which would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,
injury or dealh invoMng flooding as a result of the failure of a
.j) lnm~d~fion by seiche, ~sunami, o~ mudflow?
1~. ~AND USE AN~ ~EANNING - Would lhe pr(~ject:
~) Physically dMde m~ established communi~?
Less Than
Significant
Potenliall); g."ilh Less Than
Sign[ftc'ant Mitigation $~gnificat?l
b) Conflict with an), applicable land use plan, policy, or Impact b,corporation Impact .¥o lmpac!
regulmion of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan.
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating all environmental ell'ecl? [] [] [] i5~
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan'? [] I--] [] ~
X. MINERAL RESOURCES- Would tile project:
a) Result in the loss ol'availabiliB~ of a known mineral
resource that would be of value to the region and the residents
of the state? [] [] [] []
b) Result in the loss of availability ora locally-important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan? [] [] [] ~..
XI. NOISE ..-
Would tile project result in:
a) Exposure of persons to or generalion of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
~~roundborne vibration or ~ m'oundborne noise levels?
c) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project'?
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use phm or,
where such a plan has not been adopted, within two miles o£ a
public airport or public use airport, would the prqject expose
people residing or working in the project area to excessive
noise levels?
f) For a project wkhin the vicinity of a private airstrip,
would the pro. iect expose people residing or working in thc
prqject area to excess noise levels?
XII.POPULATION AND llOUSING - Would the project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?.
Less' 7'hah
Potentially Wilh Less Than
Significant Mitigation Significant
Impact lnco~7)oration Impact No Impact. ....
c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere? ~ ~ ~ ~
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which
could cause significant environmental impacts, in order to
maintain acceptable service ralios, response times or other
performance objectives fbr any of the public services:
Fire protection'? [] I'-] [] []
Police protection? [] [] [] [~
Schools? [] [] [] []
Parks? [] [] [] []
Other public facilities? i--] [] ~ []
XlV. RECREATION-
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated'? [--I [] ~ []
b) Does the prtOect include recreational facilities or require
the construction or expansion of recreational facilities which
might have an adverse physical effect on the environment? [] [] [] []
XV. TRANSPORTATION/TRAFFIC- Would the pro. jeer:
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e. result in a substantial increase in either the nutnber of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)? [] [] [] []
b) [:xceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency lbr designated roads or highways? [] [] ~-] []
c) Result in a change in air traffic patterns, iticluding either
an increase in traffic levels or a change in location that results
in substantial safely risks? [] [] [] []
d) Substantially increase hazards due to a design feature (e.g.
sharp curves or dangerous intersections) or incompatible uses
(e.g., thrm equipment)? [] [] ~ []
e) Result in inadequate emergency access'/ [] [] [] []
f) Result in inadequate parking capacity? ~ ff-] .._...[~ []
Less That,
Sign~tqcant
Potentially I.l'?th Less Than
Significant ..~l~ligation Signi/?c'an!
bn!~act Incorporation Impact ,¥o Impact
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus tumouls,
bicycle rocks)? ~ ~ ~ X
XVl. UTILITIES AND SERVICE SYSTEMS .-
Would the prt[ject:
a) Exceed w~mwater~eatment requirements of the
applicable Regional Water Quality Control Board? ~ ~ ~ ~
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmcmal effects? ~ ~ ~ ~
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing hcilities, the
construction of which could cause significant environmental
effects? ~ ~ ~ ~
d) Have sufficient water supplies available to serve the
prtOect t?om existing entitlements and resources, or are new or
expanded entitlemems needed? ~ ~ ~ ~
e) Rcsull in a deternfination by the wastewaler treatment
provider which serves or may serve the prq]ect that it has
adequate capacity to serve lhe project's projected demand in
addition to the prox ider's existing commilmenrs? ~ ~ ~ ~
0 Be served by a landfill with sufficient pertained capacity
to accommodate the pr~}ect's solid waste disposal needs? ~ ~ ~ ~
g) Comply with ~deral, state, and local stalu~es and
regulmions related to solid wasle? ~ ~ ~ ~
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the pr~[iect have the potential to degrade the quality
o~the environment, substantially reduce the habitat ora fish or
wildlife species, cause a fish or wildlife population to drop
below sell'sustaining levels, threalen to eliminate a plant or
animal community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory? ~ ~ ~ ~
b) Does the prr[]ect have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that thc incremental ett~cts ora pr~iect
are considerable when viewed in connection with the effects
of pt~t projects, the effects of other current prqiects, and the
ett~cts oF probable Future projects)? ~ ~ ~ ~
c) Does the prt[iect have environmental effects which will
cause substantial adverse eflbcts on human beings, either
directly or indirectly? ~ ~ ~ ~
SECTION D
EVALUATION OF ENVIRONMENTAL IMPACTS
CONDITIONAL USE PERMIT 99-007, DESIGN REVIEW 99-006, GENEI~.hL PLAN
AMENDMENT 99-002, AND ZONE CHANGE 99-003.
AMERICAN SENIOR LIVING
1101 SYCAMORE AVENUE
BACKGROUND
The project includes the construction ora lift?four (54) unit senior aflbrdable housing prqject, a
General Plm~ Amendment to arnend the existing land use designation from Public & Institutional
(P&I) to High Density Residential to provide ~br residential development on the prqject site, a
Zone Change to change the zoning designation from Suburban Residential (R-4) to Multiple
Family Residential (R-3) to provide [br multiple family residential development, a Conditional
Use Permit to conditionally permit the proposed project in the R-3 Zoning District, and a Design
Review for the review o1' building design, site planning, and site development.
The property is currently vacant and is surrounded by apartment complexes to thc East, a local
hospital to the North, a parking lot to the West, and an office complex and apartment complex to
the South.
1. AESTHETICS
Items a & b - No Impact:
The subject property is not located on a scenic vista. The subject property is 1.82 acres o1'
vacant land surrounded by developed parcels. The proposed project would not disturb any
trees, rock outcroppings, or historical buildings, and the site is not located on a State scenic
hi ghxvay.
Mitigation Measures/Monitoring Required: None Required.
Item c -[.ess Than Sienificant Impact with Mitigation Incorporation:
The property is currently vacant. The construction oF a three-story senior housing prqject on
vacant lm~d would change the visual character of the site and its surrounding. However, the
impact would be less than significant since the site is surrounded bv a four story medical
plaza and a one-story hospital building to the North, two-story apartment complexes to the
East and South, and a commercial parking lot to the West, and the project would be designed
in a residential style that is consistent with the development standards and the landscaping
standards tbr the area.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 2 of 13
Mitigation Measures/Monitoring Required:
· Roofing materials shall be full dimensional architectural composition shingles with
color and manufacturer to be approved bF.' the Community Development Director and
the Redevelopment Agency.
· All rooftop equipment shall be fully screened from public view.
· A minimum of fi)ur (4) inch trim on all windows shall be provided.
· The fotm~ strips shall be treated with hard surface to create a grade scpara.tion between
the two different stucco types.
· A minirnum six (6) foot high decorative block wall shall be constructed along the east,
north, and west property lines with the exception of the front setback area where the
wall shall be reduced to a maximum of three (3) feet. The block wall shall be treated
with anti-graffiti materials.
· 3'he wrought iron fence along the front shall be painted a flat green color to
complement thc landscape area.
· 'No fence or walls within the required front yard setback shall exceed three (3) feet in
height.
· Thc site shall be landscaped consistent with the City's Landscaping and Irrigation
Guidelines. Landscaping shall consist of a combination of berming m~d sufficient
numbers of shrubs and trees to provide adequate screening, subject to the satisfaction
of the Community Development Director.
· Perimeter landscape materials adjacent to thc carports shall include a minimum of four
(4) feet to six ('6) feet high shrub hedges.
· A precise landscape and irrigation plan including landscape grading, backflow
preventors, and timers shall be reviewed and approved by the Community
Development Director prior to issuance ora building permit.
Sources: Submitted Plans
Tustin Cit.,,.' Code
Field Inspection
Item d -Less Than Si/~nificant Impact with Mitieation Incorporation:
The proposed new apartment complex would bring new lights to the area. However, the new
source of light would not adversely affect da3'- or night-time views in the area since the
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 3 of 13
project would be required to have all lights arranged so that no direct rays would shine onto
adjacent property.
Sources: Submitted Plans
Tustin City Code
Field Inspection
Mitigation Measures/Monitoring Required:
· Parking lot lighting shall be arranged so that direct rays do not shine on adjacent
properties. Lighting fixtures and intensity of lighting shall be subject to the review and
approval of the Community Development Director. At Building Plan Check,
manufacturer's details of all lighting fixtures, and a lighting plan which identifies the
location, type of fixtures, and intensity (photometric sludy) of all exterior building-
mom~ted and free-standing lighting shall be provided. All light fixtures shall be
architecturally compatible with proposed structures.
2. AGRICU'I,TU~RAL RESOIJRCES
Items a. b & c - No Impact:
The proposed prqjcct will be located on a site that is vacant and surrounded by developed
residential apartment buildings, hospital and medical o[t'~ce buildings and a parking lot.
The proposed project will have no impacts on anv fam'tland, nor will it conflict with
existing zoning for agricultural use, or a Williamson Act contract. The proposed project will
not result in conversion of farmland to a non-agricultural use.
Mitigation Measures/Monitoring Required: None Required
Sources: Tustin General Plan
Field Inspection
Submitted Plans
'l'ustin City Code
3. AIR Q[JALITY
Items b - l.ess Than Sianificant Impact with Mitination Incorporation:
The prqject would temporarily increase the amount of short-term emission to the ama duc to
the grading of the property and construction activities. Since the site is relmivcIy flat, only
rninor grading wo'uld be required. Short-term emissions associated with grading, construction
and operation of the proposed project are subject to regulation bv the South Coast Air
Quality Management District and the City of Tustin Grading Manual which includes
requirements for dust control. Mitigation measures will be required Ibr fl~e project to minimize
construction activity dust generated as part of this project. \Vith implementation of the
American Senior Living
CUP 99-007. DR 99-006, GPA 99-002, ZC 99-003
Page 4 of 13
mitigation measures and conditions of approval, impacts related to air qualiw would be
reduced to a level of insignificance.
Mitigation Measures/Monitoring Required:
All construction activity.' shall comply with the requirements of the Cilv of Tustin
Grading Manual which requires frequent watering of the project site to control dust and
prohibiting grading during second stage smog alerts and when wind velocities exceed 15
rniles per hour.
Item a. c. d & e -- No Impact:
The project would also increase emissions in the area due to new vehicle trips, use of
landscape maintenance equipment, etc. The prqject would construct 54 new apartment units
for seniors. In accordance with Table 6-2 (Screening Table lbr Operation) CEQA Air
Quality Handbook, the construction of 54 senior housing units is considered insignificant.
Theretbre, no mitigation tbr emissions related to new vehicle trips is necessary.
Mitigation Measures/Monitoring Required: None Required
Sources: South Coast Air Quality Management Districl Rules & Regulations
City ofTustin Grading Manual
Project Application
Field Inspection
4. BIOLOGICAL RESOURCES
Items a. b. c. d. e & f- No Impact:
The subject site was developed with a twenty.'-six (26) unit apartment complex. The
apartment complex was demolished in 1987 to accornmodate a temporary parking lot for the
hospital. The site is surrounded with commercial and residential properties developed with
pavement and structures. The site is not inhabited by any known species of animals. The
proposed project would have no impacts on animal populations, diversity of species or
migratory patterns. The prqject would include the removal of local trees (eucalyptus trees)
along the northern property line to accommodate the development. Xew trees and landscape
materials will be provided in accordance to the Tustin Landscape and Irrigation guidelines.
No impacts to any unique, rare, or endangered species ofphmt or m~imal life identitied in local
or regional plans, policies or regulations by the Call f'ornia Department of Fish and Game or U.S.
Fish and Wildlife SexMce would occur as a result of this proposed project.
Mitigation Measures/Monitoring Required: None Required
Sources: Field Inspection
Submitted Plans
American Senior Living
CUP 99-007, DR. 99-006, GPA 99-002, ZC 99-003
Page 5 of 13
Tustin City Code
5. CULTURAL RESOURCES
Items a. b. c & d- No lrnpact:
The subject property is not located within the City's Cultural Resources Overlay District, nor
are there any identified cultural, historic, tlr archaeological resources identilied on or around
thc site. The project would have no impacts on cultural resources.
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin Zoning Code
Tustin City Code
6. GEOLOGY& SOILS
Items a-ii & a-iii - l,ess Than Si.onificant Impact with Mitie, ation lncorporatkm:
The topography of the site is relatively ilar and wortld require minor precise grading activity
to prepare the site for new construction. Compliance with current codes will ensure tlnat the
design and construction of the proposed project reduces any potential impacts related to fault
ruptures, ground shaking, ground fhilure, liquebacfion, or unstable soils to a level of
insignificance.
Mitigation Measures[Monitoring Required:
· All grading, drainage, vegetation, and circulation shall comply with the City olr Tustin
Grading Manual. All construction activity shall comply with the Tustin Grading Manual
which requires frequent watering of the prqject site to control dust. Ail street sections.
curbs, gutters, sidewalks, lighting, and storm drain shall comply with on-site
improvement standards. Any deviations shall be brought to the attention of the Building
Official and request fo'r approval shall be submitted in writing prior to any approval.
Items a-i. a-iv. b. c. d & e - No Impact:
The project site is not located within an area that is sul2ject to seiche, tsunami, volcanic
hazards, landslides, or mudflows, erosion, subsidence, or expansive soils. No unique
geological or physical features are present within the area.
With implementation of a condition of approval that requires the applicant to obtain all
necessary approvals from the Community Development Department, the project design and
construction will reduce potential impacts to a level of insignificance.
American Senior LMng
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 6 of 13
Sources: Tustin General Plan
City of Tustin Grading Manual
Unitbrm Building Code
Project Application
Field Evaluation
7. HAZARDS & IlAZARDOUS MATERIALS
Items a throunh h - No Impact:
The proposed project involves the construction o.f a senior al'fordable apartment complex.
Development or use of the proposed senior housingis not anticipated to result in exposure to
hazardous substances or interfere with emergency response or evacuation. All grading and
construction would be subject to compliance witln tlne all applicable 15nilbrm Building and
Fire Codes. The project is not in the vicinity ol' an airport or airstrip.
Mitigation Measures/Monitoring Required: None R. equired.
Sources: Uniform Building and Fire Codes
Submitted Plans
Tustin General Plan
Mitieation/Monitorinn Required: None Required
8. HYDROLOGY & WATER QUALITY
Items e & f- Less Than Sitznifica.nt Impact witln .Mitiaation Incorporation:
The project site is relatively flat and would require minor grading. The project would not
expose people or property to water-related hazards such as flooding, chm~ge thc course or
direction of waters movernents, or affect the quantity of groundwaters. During construction
the project will be conditioned to comply with thc National Pollution Discharge Elimination
System (NPDES) storm water regulations.
Mitigation Measures/Monitoring Required:
· Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm
drains shall comply with the on-site Private hnprovement Standards.
· All site drainage shall be handled on site and shall not be permitted to drain onto adjacent
properties.
· The applicant shall comply with the t-bllowing conditions pertaining to tine requirement for
a Water Quality Management Piton:
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 7 of 13
1. Prior to issuance of building permits, the applicm~t shall submit for approval by the
Community Development and Public Works Departments, a Water Quality
Martagement Plan (WQMP) specifically identity:lng Best Management l'ractices
(BMPs) that ~xfil be used on site to control predictable pollutant run-off.
2. This WQMP shall identify the I'ollowing: structural and non-structural measures
specified detailing implementation of BMPs whenever they are applicable to the
prqject; the assignment of long-term maintenance responsibilities (speci'fying the
developer, parcel owner, property maintenance, lessee, etc.); and, reference to the
location(s) of structural BMPs.
All necessary precautions and preventive measures shall be in place in order to prevent
material from being washed away bv surPace waters or blown by wind. These controls
shall include at a milfimum: regular wetting of surface or other similar wind control
method, installation of straw or fiber mats to prevent rain related erosion. Detention
basin(s) or other appropriately sized barrier to surlhce flow must be installed at the
discharge point(s) of drainage from the site. Any water collected fi'om these controls shall
be appropriately disposed of at a disposal site. These measures shall be added as general
notes on the site plan and a statement added that the operator is responsible for cnsm'ing
that these measures continue to be effective during the duration ot' the project
construction.
· Appropriate controls shall be installed to prevent all materials from being tracked off site
by vehicles or other rneans. These controls may include grin:el exits or xvash-doxYn areas.
Any' materials tracked off site must be removed as soon as possible, but no later than the
end of the operation da3'. This material shall be disposed of at an appropriate disposal site.
These measures shall be added as general notes on the site plan and a statement added that
the operator is responsible for ensuring that these measures continue to be effective during
the duration of the project construction.
Sources: Field Verification
Submitted Plans
Tustin City Code
Item a, b. c. d. ,.2,. h. i & j · No .impact
The project would not violate water quality standards or waste-water discharge requirement
as conditioned. The prqject would not deplete groundwater supplies or interfere substantially
with groundwater recharge. ]'he prqject site is relatively flat where no substantial alteration
to the drainage pattern in a manner which would result in substantial erosion, siltation, or
flooding on or off site. The project site is not located within a 100-year flood hazard areas as
mapped on a Federal Flood Itazard Boundary or Flood Insurm~cc Rate Map, nor is the project
located within a 100-year 'flood hazard area structures xx'hich would impede or redirect flood
flows.
American Senior Living
CUP 99-007, DR. 99-006, GPA 99-002, ZC 99-003
Page 8 o[' 13
Mitigation Measures: None Required.
Sources: Field Verification
Submitted Plans
Tustin City Code
9. LAND USE PLANNING
Items a. b & c - No Impact:
The subject property is designated by the General Plan. I.and Use Map as Public and
Institutional (P&I) and zoned Suburban Residential (R.-4). Prior to 1986, the property was
improved with a twenty-six (26) unit apartment complex and was designated by the General
Plan as Multi-family Residential and zoned Multiple Family Residential (R-3).
In 1986, the City Council approved a General Plan Amendment fi'om Multi-family
Residential to Public trod Institutional (P&I) and a zone change fi'om Multiple Family
Residential (R-3) to Public and Institutional (P&I) at the request o1' thc hospital owner to
accommodate a temporary parking area for the hospital. In 1994, as part of the citywidc
General Plan Amendment, the property' was inadvertently rezoned to Suburban Residential
(R-4) inconsistent with the General Plan land use designation of Public and Institutional
(P&D-
The proposed project would require a change in land use designation and zoning of the
property to the original land use designation and zoning of High Density., Residential and
Multiple Family Residential (R-3), respectively. With these changes, the proposed use
would be consistent with the applicable land use and zoning regulations.
The proposed project would not divide an established community. The proposed pro. ject is
not located in the conservation plan or natural community conservation plan. The proposed
project would not conflict with any applicable conservation plan.
Mitigation Measures: None Required.
Sources: Submitted Plans
Tustin City Code
'l.'ustin General Plan
Tustin Zoning Map
10. MINERAL RESOURCES
Items a & b--No Impact:
Thc proposed project is not located in the mineral resource recox'erv site and would not use
nonrenewable resources in a wasteful or inefficient mmmer.
American Senior Living
CUP 99-007, DR 99-006; GPA 99-002. ZC 99-003
Page 9 of 13
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
11. NOISE
Items c & d-/,ess Than Simqificant Impact with Mitittation Incorporation:
The development would result in short-term construction noise impacts. However, the Tustin
City Code requires compliance with the City's _Noise Ordinance and construction hours.
Long-term noise would be increased due to increase in vehicle trips, air conditioners,
landscape maintenance equipment, and any other noise associated with residential
development. However, any development within the City would be subject to the Tustin
Noise standards. The increase in vehicle trips is not anticipated to exceed the City's noise
standards of 65 CNEL for exterior noise level and 45 CNEI.. for interior noise level.
The proposed project is three (3) story in height. Although the project is not located within
the John Wayne Airport flying path, it is in close proximity to the incoming flights over the
State Route 55 freeway to John Wayne Airport. The City, County and State criteria for
Community Noise Equivalent (CNI:';[.) for residential uses is 65 dB consistent with the ]'ustin
Noise standards. In accordance to the California Airport Noise Standards, John Wayne
Airport performs quarterly noise monitoring at several locations. Based on the quarterly
noise abatement reports, the project is not located within the 65 CNEL arc~.;noise impact
area. As a result, no specific method ol' construction would be required to mitigate the
unanticipated aircraft noise impacts. The project, however, would be conditioned to meet
City's noise standards.
Mitigation Measures/Monitoring Required:
· The applicant shall comply with Tustin Noise Ordinance to limit all exterior and
interior noise levels to the established standards.
· All construction operations, including engine wamYup and deliveries o1' materials and
equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take
place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and
between 9:00 a.rn. and 5:00 p.m. on Saturday, unless otherwise determined by the
Community Development Director and/or Building Official. C. onstruction activities are
prohibited on Sundays and City observed Federal holidays.
Sources: Submitted Plans
Tustin City Code
Tustin Noise Ordinance
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002. ZC 99-003
Page 10 of 13
Tustin General Plan
Item a., b. e & t'-'No Impact:
The proposed project would not create excessive ground vibrations, nor will it create a
permanent increase in the existing ambient noise levels beyond the established standards. The
site is not located within an airport land use plan or within two (2) miles ora public or
private airport. The project would not expose people residing or working in the project area
to excessive noise.
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
Tustin Zoning Code
12. POPULATION & HOUSING
Items a. b. and c --- No h'npact:
The proposed project would construct a fifty-four (54) unit senior housing prqiect and
increase the density in the area. '[he increase, however, would not be substantial in that new
streets or new public services would need to be created. Nevertheless. the applicant has
agreed to dedicate a ten (10) foot strip of land as a condition o[' approval i'br l"uture street
widening to accommodate the m~ticipatcd increase in vehicle trips. No growth impacts to the
area are anticipated due to the widening.
Thc project site is currently vacant and thc construction of a new apartment complex on a
vacant land would not displace existing housing or displace substtmfial numbers of people,
necessitating the construction of'replacement housing elsewhere.
Mitigation Measures/Monitoring Required: None
Sources: Submitted Plans
Tustin City (;ode
Tustin General Plan
13. PUBLIC SERVICES
Item a - No Impact:
The proposed project would construct fifty-four (54) unit senior housing project.. Although
the project would increase the density within the area, thc increase is not substantial in which
new streets, public services, or infrastructure would need to be created. Nevertheless,
American Senior Living
CUP 99-007, DR 99-006: GPA 99-002, ZC 99-003
Page 11 of 13
applicant has agreed to dedicate a ten (10) Ibot strip of land as a condition of approval for
future street widening to accommodate lhe anticipated increase of vehicle trips.
Mitigation Measures/Monitoring Required: None
Sources: Submitted Plans
Tustin City Code
14. RECREATION
Items a & b - No Impact:
The project is not located in proximity to recreational facilities. The project would not
increase the use of existing parks such that substantial deterioration of the t'hcility would
occur or be accelerated, nor would the pro. jeer include recreational i'hci[ities that would have
an adverse physical effect on the environment.
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin City Code
15. TRANSPORTATION/TRAFFIC
Items b. c. d. e & f-No Impact:
The proposed project is anticipated to generate approximately 216 weekday trips. The
project would generate nine (9) AM peak hour trips and fifteen (15) PM peak hour trips.
These anticipated trips were added to 'the Intersection Capacity Utilization (ICU) at the
Newport Avenue and Sycamore Avenue intersection, and the increase does not cause an
appreciable increase in the ICU value. Hence, the Level o1' Service fbr Newport Avenue and
Sycamore Avenue is basically unchanged. Nevertheless, the applicant has agreed to dedicate
a ten (10) loot strip of land as a condition of approval f:or future street widening to
accommodate the anticipated increase in vehicle trips.
The proposed project would not result in changes to air traffic patterns, emergency access, level
of' service standards, or conflict with adopted policies, plans or programs supporting alternative
transportation.
M. itigation Measures/Monitoring Required:
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 12 of 13
Dedication of ten (10) feet of additional street right-of-way along Sycamore Avenue
will be required for future street widening consistent with the Orange County and the
City's Master Plan of Arterial Highway. The dedication shall be provided through an
irrevocable offer of dedication and shall be recorded prior to issuance o'f building
permits. Provide legal descriptions and sketches as prepared by a California Registered
Civil Engineer or California Licensed Land Surveyor to the Engineering Division for
review and approval.
Sources: Submitted Plm~s
Tustin City Code
Parking Analysis
16. UTILITIES & SERVICE SYSTEMS
Items a. b. c, d. e, f & ,~ - No Impact:
The proposed project would not require modification to existing utilities or need for
additional utilities to serve the site. All necessary utilities are in place to serve the subject
property. The proposed project would not require or result in thc construction of new water or
wastewater treatment facilities. The proposed project would utilize the existing storm drain
system and thus would not require construction ora new storm water drainage Ihcility.
.Adequate water supply from existing resources would be available to serve the proposed
project.
Mitigation Measures/Monitoring Required: None Required.
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
17. MANDATORY FINDINGS OF SIGNIFICANCE
Items a. b & c -No Impact:
The prqject design, construction, and operation will comply with the regulations of the
Community Development Department, Air Quality Management District, and Orange
Coumy Fire Authority which reduces any potential impacts related to geological problems,
water quality, air quality, hazards, and noise to a level of insignificance. ".['.he project does not
have the potential to degrade the quality of the environment nor achieve short-term
environmental goals to the disadvantage of thc long-term. It does not have impacts that are
individually limited but cumulatively considerable or that would cause substantial adverse
impacts on human beings.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 13 of 13
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
~;: .UDD'2 [JST]NA".current plannin.-.'..Environmental'.ASI. Alttichment ..\.de.c
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial If'~O', Tustin.
t'714) 573-3100
NEGATIVE DECLARATION
Project Title: Conditional Use Permit 994)07, Design Review 99-006, General Plan Amendment 99-002, and
Zone Change 99-003.
Prqject Location: 1101 Sycamore Avenue
Project Description: Construction o£ a fifty-four (54) unit senior affordable housing project, a General Plan
Amendment to amend the existing land use designation lYrom Public & Institutional (P&I) to High Density
Residential to provide for residential development on the prQect site, a Zone Change to chm~ge the zoning
designation l¥om Suburban Residential (R-4) to Multiple Family Residential (R-3) to provide for rnultiple
family residential development, a Conditional Use Permit to conditionally permit the proposed project in the R-
3 Zoning District and a Design Review For the review oFbuilding design and site planning.
Prqject Proponent: City of Tustin, 300 Centeimial Wa3', 'fustin. CA 92780
Lead Agency Contact Person: Justina Willkom Telephone: (714) 573-3174
The Community Developmenl Department has conducted an Initial Study for the above project in accordance
with the City of'l'ustin's procedures regarding implementation of the California Environmental Quality' Act,
and on the basis of that study hereby finds:
[~ That there is no substantial evidence that the project may have a significant e~-t'ect on the environment.
That potential significant effects were identified, but revisions have been included in the project plans
and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no
significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial
Study which is attached hereto and inco~porated herein.
Therefore, the preparation of an Environmental Impact Report is not required.
The Initial Study which provides the basis for this determination is attached and is on file at the Community
Development Department, City of Tustin. The public is invited to comment on the appropriateness of this
Negative Declaration during the review period, which begins xx'ith the public notice of Negative Declaration and
extends ibr twenty (20) calendar days. Upon review by the Community Developmertt Director, this review
period may be extended if deemed necessary.
REVIEW PERIOD ENDS 4:00 P.M. ON EAY 8, 2001
Date APRIL 19, 2001 ~~~_~~
Elizabeth A. Binsack
Cormnunity Development Director
Section E of Exhibit A of Resolution No. 3783
Comments and Responses
Environmental Review for
GPA 99-002, ZC 99-003, CUP 99-007 and DR 99-006
1. A notice of the public review period required by California Environmental
Quality Act (CEQA) for the Negative Declaration was published on April 19,
2001 in the Tustin News and mailed to property owners on May 4, 2001. The
notice also indicated that the Planning Commission will consider the project
on May 14, 2001.
Section 15073 of the California Environmental Quality Act indicates that the
lead agency shall provide a public review of not less than twenty (20) days.
Section 15072 indicates a notice of intent to adopt a Negative Declaration
shall be made available to the public by one of the following methods: 1)
publication at least one time by the lead agency in a newspaper of general
circulation; 2) posting notice by the lead agency on or off site in the area
where the project is to be located: and, 3) direct mailing to owners and
occupants of the property contiguous to the project.
Consistent with the CEQA guidelines, the notice was published in the Tustin
News on April 19, 2001 (see attached proof of publication).
In addition, consistent with the Government Code Section 65091 (Planning,
Zoning, and Development Law) regarding providing notice of a public hearing.
a notice of the public hearings was mailed to property owners within three
hundred (300) foot radius and the property was posted with a notice of public
hearing on May 4, 2001, ten (10) days prior to the public hearing on May 14,
2001. This notice also referred to the public review period.
Source: California Environmental Quality Act (CEQA) Guidelines
Planning, Zoning, and Development Laws
2. Item No. 11 of Section D of Exhibit A of Resolution No. 3783 analyzes noise
impacts that may result from the construction of a senior housing project. The
analysis discusses short-term and long-term construction noise impacts.
The development would result in short-term noise impacts associated with
construction activity. However, the Tustin City Code requires compliance with
the City's Noise Ordinance and construction hours. Condition No. 1.15
restricts all construction operations, including engine warm-up and deliveries
of materials subject to Tustin Noise Ordinance to take place only between the
hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00
a.m. and 5:00 p.m. on Saturday. Construction activity is not anticipated to
Section E of Exhibit A of Resolution No, 3783
Comments and Responses
GPA 99-002. ZC 99-003, CUP 99-007, and DR 99-006
Page 2 of 4
generate significant noise levels beyond limits imposed by the Noise
Ordinance.
Long-term noise would increase slightly due to increases in vehicle trips, air
conditioners, landscape maintenance equipment, and any other noise
associated with residential development. The increase in vehicle trips is
projected to be 216 weekday trips and the noise anticipated from air
conditioners and landscape maintenance equipment is expected to be similar
to normal residential uses. The increase of the noise level resulting from the
project is not anticipated to exceed the City's noise standards of 65 CNEL for
exterior noise level and 45 CNEL for interior noise level. As such, the noise
associated with the project is not anticipated to be significant.
The proposed project is three (3) floors in height. Although the project is not
located within the John Wayne Airport flight pattern, it is in close proximity to
the incoming flights over the State Route 55 freeway to John Wayne Airport.
In accordance to the California Airport Noise Standards, John Wayne Airport
performs quarterly noise monitoring at several locations. Based on the
quarterly noise abatement reports, the City's Acoustical Consultant (Wieland
Associates, Inc.) estimates the aircraft-generated CNEL experienced at the
project site is 55 dB, well below the City's noise standard of 65 dB (see
attached Noise Contours). He further indicates that it is possible, under the
right conditions to reflect aircraft noise off the proposed three-story building.
This could increase single event aircraft noise levels by 1 or 2 dB. Under
these "worst case" conditions, the aircraft-generated CNEL might increase to
57 dB. This is still well below the City's standard of 65 dB. Therefore, no
specific method of construction would be required to mitigate the
unanticipated aircraft noise impacts. However, Condition No. 1.13 has been
placed to ensure that the project complies with Tustin Noise Ordinance to limit
all exterior and interior noise sources and levels to the established standards.
Based upon analysis on potential noise, all impacts could be mitigated to a
level of insignificance. Therefore, an Environmental Impact Report is not
required.
Source: Joh..n Wayne Airport Noise Abatement Quarterly Report.
David Wieland, Inc. findings dated May 10, 2001.
3. The Newport Avenue extension project and SR-55 freeway ramp
reconfiguration have been delayed in the past primarily due to funding
constraints and right-of-way acquisition issues. The construction of these
projects was scheduled to begin in 2002, however, the City is currently
reviewing its Capital Improvement Program budget and these projects may be
further delayed due to funding and right-of-way constraints.
Section E of Exhibit A of Resolution No, 3783
Comments and Responses
GPA 99-002. ZC 99-003. CUP 99-007. and DR 99-006
Page 3 of 4
Source: Doug Anderson, City of Tustin Engineering Division.
4. Sycamore Avenue currently serves as a route to three schools in the area. It
also serves as a link to the SR-55 freeway. Sycamore Avenue is designated
as a four-lane secondary arterial highway on the Orange County Master Plan
of Arterial Highways and on the City's Arterial Highway Plan in the General
Plan. As such, Sycamore is planned to accommodate approximately 25.000
vehicles per day in the future. Currently, there are 7,100 vehicles per day on
Sycamore Avenue, which indicates an acceptable level of traffic service.
There are occasions during the school drop-off and pick-up times that
Sycamore Avenue is highly congested with vehicles as well as pedestrians.
However, this is typical of traffic near all schools at these times of the day and
is a temporary condition, which lasts approximately 30-minutes in the morning
and SO-minutes in the afternoon during the weekdays.
According to the Tustin Police Department there have not been reports nor
citations of double parked vehicles to accommodate drop-off or pick-up
activities near the schools on Sycamore Avenue.
Source: Doug Anderson, City of Tustin Engineering Division.
City of Tustin Police Department
5. Legally parked vehicles on Sycamore Avenue do not block nor restrict traffic
flow on the roadway. Vehicles attempting left-turns may slow and could stop
traffic momentarily to complete turns but cause only minor inconveniences for
drivers on Sycamore Avenue.
Source: Doug Anderson, City of Tustin Engineering Division.
6. The traffic proposed to be generated from the American Senior Living project
equates to 216-weekday trips as indicated in the Institute of Transportation
Engineers Trip Generation Manual. The project is anticipated to generate 9
AM peak hour trips and 15 PM peak hour trips. When these trips are added
to the existing traffic volumes on Sycamore Avenue there is a negligible
change in the level of traffic service on the roadway. The volumes from the
project were also added to the Sycamore Avenue/Newport Avenue
intersection volumes and the Intersection Capacity Utilization (ICU) was
reviewed for possible impacts. The result was a negligible change in the ICU
numbers. In conclusion, the added trips attributable to the proposed project
will not result in a decrease in traffic levels of service to Sycamore Avenue or
the intersection of Newport Avenue/Sycamore Avenue.
Section E of Exhibit A of Resolution No, 3783
Comments and Responses
GPA 99-002. ZC 99-003. CUP 99-007, and DR 99-006
Page 4 of 4
The property is currently zoned R-4 which would allow for a twenty-five (25)
unit apartment to be built on the site. The trip generation for a twenty-five
(25) unit apartment equates to 166 weekday trips with 13 AM peak hour trips
and 16 PM peak hour trips. Compared to the proposed senior housing
project, the weekday trip generation for a twenty-five (25) unit apartment is
less, however, the peak hour trips are higher. For traffic analysis purposes,
peak hour traffics are the essential information in determining if a project
would have a traffic problem. In summary, compared to the use which would
be allowed under the existing zoning, the proposed senior housing project
would create less peak hour trips.
Based on the above information, pursuant to the CEQA guidelines, and
mitigation measures that have been made as a condition of approval, an
Environmental Impact Report is not required.
Source: Doug Anderson, City of Tustin Engineering Division.
S.;.CDD',JUSTINA'.cu"rer,; D ann,.ng'~,SL Comments a".d Responses.doc
AFFIDAVIT OF PUBLICATION PROOF OF PUBLICATION
Th~,s space is for the Count'y Clerk's ~ilin~ S~am~.-
STATE OF CALIFOI~NIA, )
) ss. f: ?'?, 2 ;'
CounW of Orange )
I am a citizen of the United States and a resident ....... -- ' .....· '
of the County. aforesaid; I am over the age of Proo£ofPublicafion of
eighteen ox'ears, and not a para.' to or interested
in the above entitled mat~er. I am the principal
clerk of The Tustin News, a newspaper that
has been adjudged to be a newspap~'r of general
circulation by ne Superior Court of the County
of Orange, State of California, on August 24,
1928, Case No. A-601 in and for the City of
Tustin, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
April 19, 2001
"I certify (or declare) under the penalty of
penury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Aha, Orange County.,
California, on
Date:April 19, 2001
The Tustin News
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
~ ~ ~ ~,;'~..,
~ ~ ~ ·., ~ [ .-~
~ · ~ ~ ,,
. . .~ ~ ;; · ~~; ~ ~g." ~..
'~' ~ :' ~'~ ., ~ I ~ 't'
·
~~ ~~i-' ,..~ .~ .
~~ Est~ated Location of
3
~$$0C~ ~, I,~C. Jo5 Wayne Ai~o~ Noise Contoms, 2000
JOHN WAYNE AIRPORT
': :m;~"' ::~ :'' :mil' ',.. ' Il Il -- 2000 ANNUAL 60, 65' 70 and 75
IOH,X
'~'J['I~')R'I CNEL NOISE CONTOURS
Leonard "Mark" Markwitz F~ E C E [ ~/E D
14761 Del Arno Ave. NAY 0 9 f001
Tustin, Calif. 92780
(714) 544-8584
mnarkl~pacbell.net 00~][~ O~O~t~,~-~~.
May 7, 2001
Ms. Justina Willkom
Community Development Dept.
300 Centennial Way
Tustin, CA 92780
Ms. Willkom,
I am concerned that there is not an Environmental Impact Report contemplated for the
Conditional Use Permit 99-007 Design Review 99-006 General Plan Amendment 99-002 and
Zone Change 99-003.
Let me ask why the nearby affected homes were not provided information earlier regarding this
project. I received the Office Notice of Public Hearing flyer on Saturday May 5t~ showing a
mailing date of May 4th. Within the flyer, it is stated that a review period was slated for April 19
through May 8th. In that our mail delivery service is received between the hours of five to five
thirty in the evening there was nothing that could be done until Monday the 7~h at the earliest thus
giving us just one day for the review. Why was this flyer delayed in its mailing? Was it so that
people would not bother to Iook into this matter and thus it could fly through without any outside
comments?
My concern for this project falls into two categories. Fit'a, noise via the echo affect, and second,
the traffic.
As a matter of history, let me state that I have lived in the above listed address since the home
was built in 1962. At that time all the adjacent properties were orange groves. John Wayne
Airport had reciprocating aircraft ete, at some time after we moved into this home; we did
receive a flyer informing us that the lot, which was located directly behind our home, was
scheduled to receive a two-story building. This, at that time, did. not alarm us since we had some
two-story homes erected directly to the south of our residence. However, unbeknown to us, this
two-story structure was actually built on top of a garage. This two-story structure is, for all
practical purposed, a three-story structure. This information was not provided to us; thus my
concern for this new project.
As time will have it, John Wayne traffic increased and along with that the jet aircraft
became into play which after still further gu'ow-th, we are currently forced to live with the
landing approach to John Wayne being designated directly over the Costa Mesa freeway
(55). Air traffic should fly directly over the freeway - which they, at times, do not.
Aircraft are fl~ving over my home, or close to my home many times during the time
allotted for their landings.
With the current flight path to John Wayne Airport, and when the aircraft are near, or at
times directly over my home, those aircraft are ready for landing with their landing gear
down and flaps extended. These aireral~ are noisy believe me.
With this background, I would now' like to introduce the "echo affect" which I have had
to endure since the construction of the three-story structure directly behind my residence.
Every time an aircraft sways fi.om its assigned flight path and wanders near of over my
home the noise has an "echo affect" caused by the tall structure behind me.
It is with this concern that I would like to have aa Environmental Impact Report made.
This report should encompass a reading of the decibel noise prior to construction of this
project and again at, er it is completed. I feel that a decibel reading should be taken to
show what will happen and what could happen to the three story structures with the
"echoes affect" between the buildings.
Traffic - Ex-Councilman Ports, during is first election advocated that he would undertake
the extension of Newport Blvd. to include the on and offramp of the Costa Mesa Freeway
(55). Mr. Polls was the elected Mayor of Tustin twice and was re-elected many times but
to this date, no extension has constructed. This has been shelved fi.om year to year. It is
currently scheduled to start, prior to it being postponed again, next year 2002.
Traffic on Sycamore has had to endure the vehicular traffic for three schools, which are
located on Sycamore. Normal traffic coming off the Costa Mesa Freeway, plus traffic
fi.om Tustin Meadows, utilizes Sycamore to gain access to the freeway. On rainy days,
when the schools are in session, traffic is terrible with parents attempting to pick up their
children fi:om the schools. There are not enough parking spaces to do this. This has caused
the parents to double park and thus stopping traffic.
Parked automobiles on Sycamore restrict traffic both ways so that a vehicle making a left
turn would stop all traffic behind it. This traffic will certainly increase with this new
contemplated project. The vehicular traffic on Sycamore would come to a crawl
It is therefore requested that a thorough Environmental Impact Report be made for the noise and
also for the traffic that this project would provide. It is also advised that this project should be
looked at for a possible other location since the structure would require ceiling and wall
insulation plus double pane windows for the noise factor which is not the ideal situation for the
age bracket of individuals who are being contemplated as residence for this project.
Respectfully,
· · · · · · ·
· · · · ·
RESOLUTION NO. 3784
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN RECOMMENDING THAT THE CITY
COUNCIL APPROVE GENERAL PLAN AMENDMENT 99-
002 AMENDING THE GENERAL PLAN LAND USE
DESIGNATION FROM PUBLIC/INSTITUTIONAL TO HIGH
DENSITY RESIDENTIAL ON A 1.82 ACRE VACANT LOT
LOCATED AT 1101 SYCAMORE AVENUE.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application has been filed for General Plan
Amendment 99-002 to amend the General Plan Land Use
Designation of a 1.82 acre vacant parcel located at 1101
Sycamore Avenue from Public/Institutional to High Density
Residential.
B. That a public hearing was duly called, noticed, and held on
said application on May 14, 2001, by the Planning
Commission.
C. That General Plan Amendment 99-002 is consistent with and
implements the following land use policies of the General
Plan:
Land Use Policies:
1) Policy 1.1: Preserve the Iow-density quality of Tustin's
existing single-family neighborhoods while permitting
compatible multi-family development to meet regional
housing needs where best suited from the standpoint
of current development, accessibility, transportation
and public facilities.
2) Policy 1.5: Encourage compatible and complementary
infill of previously by-passed parcels in areas already
predominantly developed.
3) Policy 2.2: Maintain consistency between the Land Use
Element, Zoning Ordinances, and other City
ordinances, regulations and standards.
Housing Goals and Policies:
1) Goal 1: Provide an adequate supply of housing to meet
the City's need for a variety of housing types to meet
the diverse socio-economic needs of all community
residents."
Resolution No. 3784
Page 2
!
2) Policy 1.1: Promote the construction of additional
3 dwelling units to accommodate Tustin's share of
regional housing needs identified by Southern
4 California Association of Governments (SCAG), in
5 accordance with adopted land use policies.
~ 3) Policy 1.12: Encourage incentives to assist in the
? development of affordable housing such as 1) reducing
permit processing time and waiving or reducing
8 applicable permit fees; 2) on-site density bonuses
when appropriate; 3) tax-exempt financing; and 4)
9 flexibility in zoning or development standards.
~0
4) Policy 1.19: Develop incentives to encourage non-profit
~J and other for-profit private sector interests to use
available federal and state program for new or
~2 rehabilitated affordable housing.
13
D. That the proposed amendment is in the best interest of the
~,~ public and ensure consistency between the General Plan and
the Zoning Ordinance.
E. A Final Negative Declaration has been prepared and
]6 recommended for certification for this project in accordance
with the provisions of the California Environmental Quality Act
~7 (CEQA).
]8 II. The Planning Commission hereby recommends that the City Council
~9 approve General Plan Amendment 99-002, amending the General
Plan Land Use Designation of the subject property from
20 "Public/Institutional" to "High Density Residential," as identified in
Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 14th day of May, 2001.
23
24
25 L'-'ES~IE A. POI~I'IOUS
2? ELIZABETH A. BINSACK
Planning Commission Secretary
28
Resolution No. 3784
Page 3
]
2 STATE OF CALIFORNIA )
COUNTY OF OR~NGE )
3 CITY OF TUSTIN )
4
5 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Planning Commission Secretary of the Ciht of Tustin, California; that
~' Resolution No. 3784 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of May, 2001.
.?
,.) ELIZABETH A. BINSACK
Planning Commission Secretary
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Exhibit A
of
Resolution No. 3784
GENERAL PLAN AMENDMENT 99-002
14561
14552 14581
,4G42 Public/ , Public/
Institutional ~- "~4* Institutional
~4E92
Public~
14'tOy [ Residential
, ~ ............... _~.~.~
u~z ~ High Density Residential ~ High Density Residential
From To
Public/Institutional .High Density .Residential
RESOLUTION NO. 3785
2 A RESOLUTION OF THE PLANNING
3 COMMISSION OF THE CITY OF TUSTIN,
RECOMMENDING THAT THE CITY COUNCIL
4 APPROVE ZONE CHANGE 99-003, AMENDING
ZONING DESIGNATION ON A 1.82 ACRES
5 VACANT LOT LOCATED AT 1101 SYCAMORE
6 AVENUE FROM SUBURBAN RESIDENTIAL (R-4)
DISTRICT TO MULTIPLE FAMILY RESIDENTIAL
? (R-3) DISTRICT.
8 The Planning Commission does hereby resolve as follows:
~) I. The Planning Commission finds and determines as follows:
]0
A. That a proper application was filed for Zone Change 99-003 to
]~ amend the zoning designation of the property located at 1101
Sycamore Avenue from Suburban Residential (R-4) District to
1-~ Multiple Family Residential (R-3) District.
~3 B. That a public hearing was duly called, noticed and held on said
:., application on May 14, 2001, by the Planning Commission.
1-'" C. That the proposed Zone Change 99-003 is consistent with the
~6 policies of the General Plan and that the zone change under
the circumstances of this case, will not be detrimental to the
~? health, safety, morals, comfort, or general welfare of the
persons residing or working in the neighborhood of the project
~8 site, nor will it be injurious or detrimental to the property and
19 improvements in the neighborhood of the subject property, or
to the general welfare of the City of Tustin, as evidenced by the
2o following findings:
2~ (a) The proposed zone change from Suburban Residential
~.2 (R-4) District to Multiple Family Residential (R-3) District
is consistent with the General Plan Amendment 99-002.
23
_~4 (b) Amending the existing zoning to the High Density
Residential zoning designation provides an opportunity
~-~ to create additional affordable housing units to
accommodate Tustin's share of regional housing needs
2~ identified by Southern California Association
2~ Government (SCAG).
28
2~
Resolution No. 3785
Page 2
I
(c) The Multiple Family Residential (R-3) zoning district is
z compatible with the residential character of adjacent
high density residential uses to the East and South of
~ the property.
4
D. A Negative Declaration has been prepared and recommended
s for adoption this project in accordance with the provisions of
the California Environmental Quality Act (CEQA).
0
? II. The Planning Commission hereby recommends that the City Council
approve Zone Change 99-003 amending the Zoning Map in
8 accordance with Exhibit A, attached hereto.
9 PASSED AND ADOPTED by the Planning Commission of the City of Tustin,
at a regular meeting on the 14th day of May, 2001.
,0
11 ( '"
12 ,;' .
~,,ES:~..IE A. PONTI~US
:3 .~~ _~,_.,,.~_~ Chairperson '
14 ELIZABETH A. BINSACK' - '
ts Planning Commission Secretary
]6
l?
STATE OF CALIFORNIA )
i~) COUNTY OF ORANGE )
CITY OF TUSTIN )
20
2: I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Planning Commission Secretary of the City of Tustin, California; that
22 Resolution No. 3785 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of May, 2001.
23
ELIZABETH A. BINSACK
Planning Commission Secretary
S :'..CD O',PC RESO S~3785 .doc
28
29
Exhibit A
'of
Resolution No. 3785
ZONE CHANGE 99-003
From To
Suburban Residential District Multiple Family Residential District
¢-4) (R-3)
RESOLUTION NO. 3786
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF TUSTIN,
APPROVING CONDITIONAL USE PERMIT 99-007
AND DESIGN REVIEW 99-006, AUTHORIZING THE
CONSTRUCTION OF A FIFTY-FOUR (54) UNIT
SENIOR AFFORDABLE HOUSING PROJECT AT
'1101 SYCAMORE AVENUE.
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit 99-007
and Design Review 99-006 was filed by American Senior
Living, Inc. requesting authorization to construct a fifty-four
(54) unit senior affordable housing project on the property
located at 1101 Sycamore Avenue.
B. That the proposed use is consistent with General Plan
Amendment 99-002, if approved by the City Council, which
changes the General Plan Land Use Designation from
"Public/Institutional" to "High Density Residential."
C. That the proposed use is consistent with Zone Change 99-
007, if approved by the City Council, which changes the
zoning of the property from Suburban Residential (R-4)
District to Multiple Family Residential (R-3) District.
D. That the proposed use is allowed within the R-3 District with
the approval of a Conditional Use Permit.
E. That a public hearing was duly called, noticed, and held on
said application on May 14, 2001, by the Planning
Commission.
F. That the development of a fifty-four (54) unit senior affordable
housing project and the establishment, maintenance and
operation of the use applied for will not, under the
circumstances of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of the persons
residing or working in the neighborhood of such proposed
use, nor be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, or
to the general welfare of the City of Tustin, as evidenced by
the following findings that the proposed project, as
conditioned, will not be injurious, detrimental to, or have a
negative effect on surrounding properties:
1. Establishing a senior affordable housing project at this
location will not be detrimental to the health, safety,
] Resolution No. 3786
CUP99-007 & DR99-006
-~ Page 2
:' morals, comfort, and general welfare of the persons
4 residing in or working in the neighborhood nor injurious
or detrimental to property or improvements in the
-~ vicinity since the proposed character and intensity of
~, the project is comparable to and compatible with
existing multiple family apartment developments to the
~ East and South, a hospital to the North, and a hospital
parking lot to the West. In addition, several operational
~ conditions are proposed that will ensure that the
c; operation will not impact existing uses located within
the immediate area;
]0
I~ 2. The proposed project complements existing or future
uses allowed by the Zoning Code in that the hospital to
~2 the north would complement the needs of senior
residents and future uses within the vicinity could
':~ provide job opportunities to the senior residents;
14
3. The proposed project would provide affordable housing
~-~ for seniors consistent with the goals and policies of the
]~, General Plan;
].-, 4. The scale, massing, and design of the proposed facility
are appropriate for the area;
]~ 5. As conditioned, the proposed site plan provides for
sufficient vehicle ingress, egress, on-site maneuvering,
?~J and parking; and,
21
6. Consistent with the Orange County and the City's
.~_ Master Plan of Arterial Highway, ten (10) feet of
additional street right-of-way along Sycamore Avenue
-~ for future street widening as a secondary arterial
~,.~ highway will be dedicated.
-~-< G. Pursuant to Section 9272 of the Tustin Municipal Code, the
Commission finds that the location, size, architectural
'~ features, and general appearance of Design Review 99-006,
as conditioned, will not impair the orderly and harmonious
~? development of the area, the present or future development
therein, or the occupancy as a whole. In making such
~ findings, the Commission has considered at least the
>) following items:
~ Resolution No. 3786
2 CUP99-007 & DR99-006
Page 3
1. Height, bulk, and area of buildings.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Type and pitch of roofs.
7
5. Size and spacing of windows, doors, and other
'~ openings.
'~ 6. Towers, chimneys, roof structures, flagpoles, radio and
I(~ television antennae.
]~ 7. Landscaping, parking area design, and traffic
circulation.
12
8. Location, height, and standards of exterior illumination.
9. Location and appearance of equipment located outside
]'~ an enclosed structure.
~'~ 10. Location and method of refuse storage.
~(' 11. Physical relationship of proposed structures to existing
~ structures in the neighborhood.
]~ 12. Appearance and design relationship of proposed
structures to existing structures and possible future
~) structures in the neighborhood and public
thoroughfares.
13. Proposed signage.
21
14. Development Guidelines and criteria as adopted by the
-" City Council.
" H. That the granting of a density bonus for a senior affordable
:,,.~ housing project is consistent with the Government Code
Section 65915 related to Density Bonus Law, the goals and
:.~ policies of Tustin's General Plan, the requirement to provide
Tustin's share of affordable housings as identified in the
'.'~, regional housing needs assessment, and a Housing Incentive
Agreement is required as a condition of approval for the
~ project
-~'~ I. That the dedication of a four (4) foot sidewalk behind the drive
apron is consistent with the requirement of the Americans with
:~) Disabilities Act (ADA) related to adequate sidewalk area for
the disabled and is required to minimize impacts associated
Resolution No. 3786
CUP99-007 & DR99-006
Page 4
" with increase in pedestrian traffic resulting from the
.~ development of a senior housing project.
~ J. A Negative Declaration has been prepared for this project in
accordance with the provisions of the California
~, Environmental Quality Act (CEQA) for final consideration by
the City Council.
7
II. The Planning Commission hereby approves Conditional Use Permit
~ 99-007 and Design Review 99-006 to authorize construction of a
.~ fifty-four (54) unit affordable senior housing project on the property
located at 1101 Sycamore Avenue, subject to the conditions
]~, contained in Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin, at a regular meeting on the 14th day of May, 2001.
i.~ ',.E'ES/LI E~A. PONTIOUS
,,.~ -- "~ Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
19
STATE OF CALIFORNIA )
_~r, COUNTY OF ORANGE )
CITY OF TUSTIN )
2]
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
2-~ Planning Commission Secretary of the City of Tustin, California; that
Resolution No. 3786 was duly passed and adopted at a regular meeting of
-" the Tustin Planning Commission, held on the 14th day of May, 2001.
ELIZABETH A. BINSACK
Planning Commission Secretary
2,~
EXHIBIT A
CONDITIONAL USE PERMIT (CUP) 99-007 AND
DESIGN REVIEW (DR) 99-006
CONDITIONS OF APPROVAL
RESOLUTION NO. 3786
(1) 1.1 The proposed project shall substantially conform with the submitted plans
for the project date stamped May 14, 2001, on file with the Community
Development Department, as herein modified, or unless otherwise
indicated, as modified by the Community Development Director in
accordance with this Exhibit. The Director may also approve subsequent
minor modifications to plans during plan check if such modifications are
consistent with provisions of the Tustin City Code or other applicable
regulations.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior to the issuance of any building permits for the project.
subject to review and approval by the Community Development
Department.
(1) 1.3 The subject project approval shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
· within eighteen (18) months of the date of this Exhibit. Time extensions
may be considered if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
(1) 1.4 Approval of Conditional Use Permit 99-007 and Design Review 99-006 shall
become null and void unless the City Council approves the General Plan
Amendment 99-002 and Zone Change 99-003.
(1) 1.5 Approval of Conditional Use Permit 99-007 and Design Review 99-006 are
contingent upon the applicant and property owner signing and returning to
the Community Development Department a notarized "Agreement to
Conditions Imposed" form and the property owner signing and recording
with the County Clerk-Recorder a notarized "Notice of Discretionary Permit
Approval and Conditions of Approval" form. The forms shall be established
by the Director of Community Development and evidence of recordation
shall be provided to the Community Development Department.
(1) 1.6 The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval of this
project.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION REQUIREMENTS
(3) UNIFORM BUILDING CODEIS (6) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (7) PC/CC POLICY
*** EXCEPTIONS
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99~007 & DR99-006
Page No. 2
(1) 1.? Any violation of any of the conditions imposed is subject to the imposition of
a civil penalty of $100.00 for each violation and each day the violation
exists.
(1) 1.8 The applicant shall be responsible for costs associated with any necessary
code enforcement action.
Use Restrictions
(3) 1.9 The use shall be limited to fifty-four (54) independent living senior
apartments. Any changes in use or operation will require review and
approval from the Building Official and the Community Development
Director.
*** 1.10 Pursuant to approval of a density bonus, the applicant shall enter into an
agreement with the City prior to issuance of grading or building permits to
continue the affordability of all very Iow and lower-income units for not
less than thirty (30) years or a longer period of time if required by the
construction or mortgage financing assistance program, mortgage
insurance program, or rental subsidy program. Those units for lower-
income households shall be affordable at a rent that does not exceed 30
percent of 60 percent of area median income. Those units for very Iow-
income households shall be affordable at a rent that does not exceed 30
percent of 50 percent of area median income. The breakdown of
affordable units including number of units, type of units, income levels,
and rent levels shall be approved by the City prior to issuance of any
permits.
*** 1.11 The applicant shall record the CC&Rs to limit occupancy to tenants 55
years of age or older in perpetuity. The CC&Rs shall prohibit conversion
of the senior housing project to any other forms of occupancy without the
review and approval of the City of Tustin.
*** 1.12 The applicant shall enter into either a housing incentive agreement or an
affordable covenant restriction pursuant to a Redevelopment Loan
Agreement with the City of Tustin. The housing incentive agreement shall
be reviewed by the Planning Commission and the City Attorney. The
Planning Commission shall provide a recommendation to the City Council
for final approval. The Agreement shall be recorded prior to the issuance
of building permits and shall include at least the following:
· The total number of units approved for the project including the
number of affordable units.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 3
· A description of the household income group to be accommodated by
the project and the standards for determining the corresponding
affordable rent.
· The location, unit sizes (square feet), and number of bedrooms of
affordable units.
· Affordability restrictions for affordable units of at least 30 years.
· A schedule for completion and occupancy of affordable units.
· A description of the Concession or Incentive or other Incentive of
Equivalent being provided by the City.
· A description of remedies for breach of the Agreement by either party.
· Other provisions to ensure implementation and compliance with this
Chapter and State Law.
· The rules and procedures for qualifying tenants, establishing
affordable rent, filling vacancies, and maintaining affordable units for
qualified tenants.
· Provisions requiring the owner to verify tenant incomes and maintain
books and records to demonstrate compliance with this Chapter and
State Law.
· Provisions requiring owners to submit an annual report to the City,
which includes the name, address, and income of each person
occupying affordable units, and which identifies the bedroom size and
monthly rent or cost of each affordable unit.
(1) 1.13 The applicant shall comply with Tustin Noise Ordinance to limit all exterior
and interior noise levels to the established standards.
(6) 1.14 All plant materials shall be installed in a healthy and vigorous condition
typical to the species and shall be maintained in a neat and healthy
condition. Maintenance includes, but is not limited to, trimming, moving,
weeding, removal of litter, fertilizing, regular watering, and replacement of
diseased or dead plants.
(2) 1.15 All construction operations, including engine warm-up and deliveries of
materials and equipment, shall be subject to the provisions of the Tustin
Noise Ordinance and shall take place only between the hours of 7:00 a.m.
and 6:00 p.m.. Monday through Friday. and between 9:00 a.m. and 5:00
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 4
p.m. on Saturday, unless otherwise determined by the Community
Development Director and/or Building Official. Construction activities are
prohibited on Sundays and City-observed Federal holidays.
(2) 1.16 Construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
(1) 1.17 Light fixture design shall complement the architectural design of the
buildings and comply with the Tustin City Code security ordinance. At a
minimum, there shall be lights projecting below roof eaves or from the
ground upward to complement the appearance of the building particularly
for the "South" building elevation facing Sycamore Avenue.
(1) 1.18 A minimum six (6) foot high decorative block wall shall be constructed
along the east. north, and west property lines with the exception of the
front setback area where the wall shall be reduced to a maximum of three
(3) feet. The block wall shall be treated with anti-graffiti materials.
(1) 1.19 The wrought iron fence along the front shall be painted a flat green color
to complement the landscape area.
(1) 1.20 No fence or walls within the required front yard setback shall exceed three
(3) feet in height.
(7) 1.21 The site plan shall clearly depict existing improvements to the property,
such as power poles, etc. All new and existing utilities provided shall be
undergrounded. A note shall be added to the site plan indicating that utilities
will be undergrounded.
*** 1.22 The building exterior shall be painted with Color Scheme "B." Any
variation to the approved color scheme shall be reviewed and approved
by the Community Development Director.
*** 1.23 The foam strips on the exterior elevations shall be treated with hard
surface to create a grade separation between the two different stucco
types.
(1) 1.24 Roofing materials shall be full dimensional architectural composition
shingles with color and manufacturer to be approved by the Community
Development Department and the Redevelopment Agency.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 5
(1) 1.25 All rooftop equipment shall be fully screened from public view.
(1) 1.26 A minimum of four (4) inch trim on all windows shall be provided.
Landscape/Irrigation Plan
(1) 1.27 The site shall be landscaped consistent with the City's Landscaping and
Irrigation Guidelines. Landscaping shall consist of a combination of
berming and sufficient numbers of shrubs and trees to provide adequate
screening, subject to the satisfaction of the Community Development
Director.
*** 1.28 Perimeter landscape materials adjacent to the carports shall include a
minimum of four (4) feet to six (6) feet high shrub hedges.
(1) 1.29 A precise landscape and irrigation plan including landscape grading,
backflow preventors, and timers shall be reviewed and approved by the
Community Development Director prior to issuance of a building permit.
(6) 1.30 Provide a detailed landscape and irrigation plan for all landscaping areas on
the site and include the following information:
a. A summary table applying indexing identification to plant materials in
their actual location. The plan and table must list botanical and
common names, sizes, spaces, actual location, and quantity of the
plant materials proposed.
b. Planting and berming details, soil preparation, staking, etc.
c. The irrigation plan shall show location and control of backflow
prevention devices, pipe size, sprinkler type. spacing, and coverage.
Details for all equipment must be provided.
d. All property lines on the landscaping and irrigation plan, public right-
of-way area, sidewalk widths, parkway areas, and wall locations, if
any.
e. Note on landscaping plan that coverage of landscaping irrigation
materials is subject to field inspection at project completion by the
Community Development Department.
(6) 1.31 The submitted landscaping plans shall incorporate the following
requirements, either incorporated into the design or included in the notes:
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 6
a. Turf is unacceptable for grades over 25 percent. A combination of
planting materials must be used; ground cover on large areas alone
is not acceptable.
b. Provide a minimum of one 15-gallon size tree and five 5-gallon
shrubs for every 30 feet of property line on the property perimeter.
c. Shrubs shall be a minimum of 5-gallon size and shall be spaced a
minimum of 5 feet on center when intended as screen planting.
d. Ground cover shall be planted between 8 to 12 inches on center.
e. When one-gallon plant sizes are used, the spacing may vary
according to materials used.
(6) 1.32 The landscape materials shall not conflict with the visual clearance
requirements of any existing or proposed driveway approaches.
Parking Area
(1) 1.33 Open parking spaces along Sycamore Avenue shall be screened with a
three (3) foot high landscape mound, shrub, berm, or combination of
these elements.
(1) 1.34 Parking lot lighting shall be arranged so that direct rays do not shine on
adjacent property. Lighting fixtures and intensity of lighting shall be
subject to the review and approval of the Community Development
Director. At Building Plan Check, manufacturer's details of all lighting
fixtures and a lighting plan which identifies the location, type of fixtures,
and intensity (photometric study) of all exterior building-mounted and free-
standing lighting shall be provided. All light fixtures shall be architecturally
compatible with proposed structures.
(1) 1.35 A four (4) foot striping in lieu of curb face shall be provided between the
gate access and visitor parking to allow for added turning radius.
(1) 1.36 Signs shall conform to the City of Tustin Sign Regulations for Residential
Districts. The monument sign to identify the building shall not exceed six
(6) feet in height with a maximum of fifteen (15) square feet of sign area.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 7
(1) 1.37 Directional signs shall not exceed six (6) square feet per face nor four (4)
feet in height and are limited to one (1) sign per entrance to the site.
(1) 1.38 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, the street number shall be displayed in a prominent location on the
street side of the building. The numerals shall be no less than six (6) inches
in height and shall be of contrasting color to the background to which they
are attached and illuminated during the hours of darkness.
Building Division
(3) 2.1 At the time of building permit application, the plans shall comply with the
1998 California Building Code (CBC), 1998 California Mechanical Code
(CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical
Code (CEC).. California Title 24 Accessibility Regulations, Title 24 Energy
Regulations, City Ordinances, and State and Federal laws and regulations.
Building plan check submittal shall include the following:
· Seven (7) sets of construction plans, including drawings for
mechanical, plumbing, and electrical.
· Two (2) copies of structural calculations.
· Two (2) copies of Title 24 energy calculations.
· Elevations that include all proposed dimensions, materials, colors,
finishes, and partial outlines of adjacent buildings on site and off site
where applicable.
· Details for the proposed windows and doors.
· Roofing material shall be fire rated class "B" or better.
· The location of any utility vents or other equipment shall be provided
on the roof plan.
· A note shall be provided on the plans that: "All parking areas shall be
illuminated with a minimum of one (1) foot-candle of light, and lighting
shall not produce light, glare, or have a negative impact on adjacent
properties."
· Provide a cross-section detail showing the installation of the proposed
rooftop equipment. Rooftop equipment shall be installed and maintained
below parapet so as not to be visible from the public right-of-way. An
Exhibit A - Conditions of Approval
Resolution No. 3786
CLIP 99-007 & DR99-006
Page No. 8
elevation showing rooftop equipment installation related to the height of
the parapet and proposed equipment must be identified at plan check
submittal and will be subject to the approval of Community Development
Department Director.
· Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of record.
(3) 2.2 Define building use on the plans and identify occupant load.
(3) 2.3 Project must comply with accessibility requirements for site, pool,
apartments (CBC section 1103.1.9 and 1106), egress, and refuge area
requirements in accordance with 1998 California Building Code Chapter 11.
(3) 2.4 Openings in exterior walls are not permitted less than five (5) feet from
property lines in accordance with the 1998 California Building Code (Table
5A).
(3) 2.5 Provide escape or rescue windows in all sleeping rooms in accordance with
the 1998 California Building Code (Section 310.4).
(3) 2.6 Provide area analysis for all buildings (residences and garages) and show
compliance with allowable floor areas based on 1998 California Building
Code Chapter 5, Table 5-B.
(3) 2.7 Dwelling units shall be provided with heating facilities capable of
maintaining a temperature of 70 degrees at a point three (3) feet above the
floor in all habitable rooms in accordance with the 1998 California Building
Code (Section 310.11).
(3) 2.8 Prior to permit issuance, clearances will be required from the Orange
County Health Department (for pool) and the Orange County Fire Authority.
(3) 2.9 Provide information to ensure compliance with the requirements of the
Orange County Sanitation District No. 7.
(3) 2.10 Parking for disabled persons shall be provided with an additional five (5)
foot loading area with striping and ramp; disabled persons shall be able to
park and access the building without passing behind another car. At least
one (1) accessible space shall be van accessible served by a minimum 96-
inch wide loading area.
(3) 2.11 Seven (7) sets of final grading plans consistent with the site and
landscaping plans as prepared by a registered civil engineer shall be
submitted and shall include the following:
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 9
· Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
· Three (3) copies of precise soil report provided by a civil engineer and
less than one (1) year old. Expanded information regarding the levels
of hydrocarbons and ground water contamination found on site shall
be provided in the soil report. All pavement "R" values shall be in
accordance with applicable City of Tustin standards.
· All site drainage shall be handled on site and shall not be permitted to
drain onto adjacent properties.
· Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
· Provide two (2) copies of Hydrology Report.
(7) 2.12 The applicant shall comply with all City policies regarding short-term
construction emissions, including periodic watering of the site and
prohibiting grading during second stage smog alerts and when wind
velocities exceed 15 miles per hour.
(3) 2.13 The engineer of record must submit a final compaction report to the
Building Division for review and approval prior to the issuance of a
building permit.
(3) 2.14 The engineer of record must submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
(3) 2.15 All construction activity shall comply with the requirements of the City of
Tustin Grading Manual which requires frequent watering of the project site
to control dust and prohibiting grading during second stage smog alerts and
when wind velocities exceed 15 miles per hour.
(3) 2.16 All grading, drainage, vegetation and circulation shall comply with the City
of Tustin Grading Manual. All street sections, curbs, gutters, sidewalks,
lighting and storm drain shall comply with on-site improvement standards.
Any deviations shall be brought to the attention of the Building Official and
request for approval shall be submitted in writing prior to any approval.
(3) 2.17 Drainage, vegetation, circulation, street sections, curbs, gutters.
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
Exhibit A - Conditions of Approvai
Resolution No. 3788
CUP 99-007 & DR99-006
Page No. 10
(3) 2.18 All site drainage shall be handled on site and shall not be permitted to drain
onto adjacent properties.
(5) 2.19 The applicant shall comply with the following conditions pertaining to the
requirement for a Water Quality Management Plan:
· Prior to issuance of building grading permits, the applicant shall
submit and obtain approval by the Community Development and
Public Works Departments, a Water Quality Management Plan
(WQMP) specifically identifying Best Management Practices (BMPs)
that will be used on site to control predictable pollutant run-off.
· This WQMP shall identify the following: structural and non-structural
measures specified detailing implementation of BMPs whenever they
are applicable to the project; the assignment of long-term
maintenance responsibilities (specifying the developer, parcel owner,
property maintenance, lessee, etc.): and: reference to the location(s)
of structural BMPs.
(5) 2.20 All necessary precautions and preventive measures shall be in place in
order to prevent material from being washed away by surface waters or
blown by wind. These controls shall include at a minimum: Regular wetting
of surface or other similar wind control method, installation of straw or fiber
mats to prevent rain-related erosion. Detention basin(s) or other
appropriately sized barrier to surface flow must be installed at the discharge
point(s) of drainage from the site. Any water collected from these controls
shall be appropriately disposed of at a disposal site. These measures shall
be added as general notes on the site plan and a statement added that the
operator is responsible for ensuring that these measures continue to be
effective during the duration of the project construction.
(5) 2.21 Appropriate controls shall be installed to prevent all materials from being
tracked off site by vehicles or other means. These controls may include
gravel exits or wash-down areas. Any materials tracked off site must be
removed as soon as possible, but no later than the end of the operation
day. This material shall be disposed of at an appropriate disposal site.
These measures shall be added as general notes on the site plan and a
statement added that the operator is responsible for ensuring that these
measures continue to be effective during the duration of the project
construction.
(3) 2.22 An erosion control plan shall be reviewed and approved by the Building
and Engineering Divisions prior to issuance of grading permits.
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No 11
(3) 2.23 A surety/cash bond is required to assure work is completed in accordance
with approved plans prior to permit issuance. The engineer's estimated
cost of the grading, drainage, and erosion control shall be submitted to the
Building Official for determination of the bond amount.
(5) 2.24 Provide information for compliance with the requirements of the Orange
County Fire Authority, including fire flow and installation of fire hydrants
subject to approval of the City of Tustin Public Works and/or Irvine Ranch
Water District.
(3) 2.25 A note shall be provided on final plans that a six (6) foot high chain link
fence shall be installed around the site prior to building construction stages.
A nylon fabric or mesh shall be attached to the temporary construction
fencing. Gated entrances shall be permitted along the perimeter of the site
for construction vehicles.
(1) 2.26 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, street numbers shall be displayed in a prominent location on the
street side of the complex. The numerals shall be no less than six (6)
inches in height and shall be of contrasting color to the background to which
they are attached and illuminated during hours of darkness.
(1) 2.2? Individual trash can service may be provided on the site provided that such
service is acceptable in writing by the City's solid waste hauler. In the event
that trash bin service is requested either at this time or in the future by the
City's solid waste hauler, an adequate size trash enclosure with solid metal,
self-closing, self-latching gates shall be provided. Said enclosure shall be
screened by a solid decorative wall consistent with the adjacent building's
material and finish and be of a minimum height of six (6) feet. The actual
location of the enclosure and types of screening and details of the
enclosure shall be submitted at building plan check and are subject to
approval by the Community Development Department. The location of the
bin. size, and quantity shall be reviewed and accepted in writing by the
City's solid waste hauler. The applicant/owner shall comply with the City's
Source Reduction and Recycling Element and other recycling requirements
established by the Director of Public Works.
*** 3.1 Dedication of ten (10) feet of additional street right-of-way along
Sycamore Avenue will be provided for future street widening, consistent
with the Orange County and the City's Master Plan for Arterial Highway.
The dedication shall be provided through an irrevocable offer of
dedication and shall be recorded prior to issuance of building permits.
Provide legal descriptions and sketches as prepared by a California
Exhibit A - Conditions of Approval
Resolution No. 3788
CUP 99-007 & DR99-006
Page No. 12
Registered Civil Engineer or California Licensed Land Surveyor to
Engineering Division for review and approval.
(5) 3.2 A separate twenty-four (24) inch by thirty-six (36) inch street improvement
plan, as prepared by a California Registered Civil Engineer, will be
required for all construction within the public right-of-way. Construction
and/or replacement of any missing or damaged public improvements will
be required adjacent to this development. Said plan shall include, but not
be limited to, the following:
a. Curb and gutter;
b. Sidewalk, including curb ramps for the physically disabled;
c. Drive apron;
d. Domestic water facilities;
e. Sanitary sewer facilities; and,
f. Underground utility connections.
A twenty-four (24) inch by thirty-six (36) inch reproducible construction
area traffic control plan, as prepared by a California Registered Traffic
Engineer or Civil Engineer experienced in this type of plan preparation,
will be required.
(1) 3.3 Preparation and submittal of a final grading plan showing all pertinent
elevations as they pertain to the public right-of-way along with delineating
the following information:
a. Final street elevations at key locations;
b. Final pad/finished floor elevations and key elevations for all site
grading. All pad elevations to be a minimum of one (1) foot above
base flood elevation as defined by FEMA; and,
c. All flood hazards of record.
(1) 3.4 Prior to any work in the public right-of-way, an Encroachment Permit must
be obtained from and applicable fees paid to the Public Works
Department.
(1) 3.5 Current Federal American with Disabilities Act (ADA) requirements will
need to be met at the drive aprons..This will require construction of a
minimum four (4) foot wide sidewalk behind the drive apron. The
maximum cross slope of the sidewalk shall be two (2) percent and the
maximum ramp slope of the drive apron shall be ten (10) percent. This
will require dedication of additional right-of-way to accommodate the
sidewalk construction. A legal description and sketch of the dedication
area, as prepared by a California Registered Civil Engineer and/or
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 13
California Licensed Land Surveyor, shall be submitted to the Engineering
Division for review and approval.
(1) 3.6 Project shall comply with all applicable provisions of the City of Tustin
Water Quality Ordinance and all Federal, State and Regional Water
Quality Control Board rules and regulations.
Fire Authority
*** 4.1 The applicant shall obtain a recorded ingress/egress agreement from the
property owner north of the site for use of the drive aisle on the northerly
side of the subject property for emergency access to the "WEST" building
through the proposed pedestrian access gate. The recorded
ingress/egress agreement shall be obtained and provided to the
Community Development Director prior to the issuance of any permits. If
the recorded ingress/egress agreement cannot be obtained, the applicant
will need to work with the Orange County Fire Authority for an alternative
resolution to this issue.
*** 4.2 The proposed pedestrian access gate at the north property line shall be
equipped with a Knox lock for emergency personnel access. An
additional fire personnel pedestrian access gate at the southwest corner
of the site shall be provided for fire access to the "WEST" building. This
pedestrian access gate also needs to be equipped with a Knox lock.
*** 4.3 A Knox key override switch shall be installed for police/fire access.
Location for a Knox key override shall be installed at the front of the
automatic gate on the pilaster to the east of the driveway. Prior to the
issuance of any grading permits, the applicant shall submit and obtain the
Fire Chief's approval for the construction of any gate across required fire
authority access road/drives and walkways. Contact the Orange County
Fire Authority at (714) 744-0499 for a copy of the "Guidelines for Fire
Authority Emergency Access."
(1) 4.4 Prior to issuance of any grading permit, submit and obtain approval of
plans for all roads, streets, and courts, public or private, from the Fire
Chief in consultation with the Manager, Subdivision, and Grading Services
and submit to the Community Development Department in conjunction
with the next submittal. The plans shall include the plan view, sectional
view, and indicate the grade and width of the street or court measured
flow line to flow line. All proposed fire apparatus turnarounds shall be
approved by the Fire Chief and, if needed, clearly marked when a dead-
end street exceeds 150 feet or when otherwise required. Applicable
CC&Rs, or other approved documents, shall contain provisions which
prohibit obstructions such as speed bumps/humps, control gates, or other
Exhibit A - Conditions of Approval
Resolution No. 3786
CUP 99-007 & DR99-006
Page No. 14
modifications within said easement or access road unless prior approval
of the Fire Chief is granted.
(1) 4.5 The intercom directory shall allow for a minimum of 20-foot fire
department access.
(1) 4.6 Prior to issuance of a building permit, submit and obtain approval from the
Fire Chief for fire lanes on required fire access roads less than 36 feet in
width and submit to the Community Development Department in
conjunction with the next submittal. The plans shall indicate the locations
of red curbing and signage. A drawing of the proposed signage with the
height, stroke, and color of lettering and the contrasting background color
shall be submitted to and approved by the Fire Chief.
(1) 4.7 Submit to the Fire Chief evidence of the on-site fire hydrant system and
indicate whether it is public or private. If the system is private, the system
shall be reviewed and approved by the Fire Chief prior to issuance of
building permits. Provisions shall be made by the applicant for the repair
and maintenance of the system in a manner meeting the approval of the
Fire Chief. A fire hydrant shall be located within 150 feet of all exterior
portions of the building.
(1) 4.8 Prior to the issuance of Certificate of Occupancy, all fire hydrants shall
have a blue reflective pavement marker indicating the hydrant location on
the street or drive per the Orange County Fire Authority Standard as
approved by the Fire Chief. These markers are to be maintained in good
condition by the property owner.
(1) 4.9 Prior to issuance of a building permit, submit plans for any required
automatic fire sprinkler system in any structure to the OCFA for review
and approval.
(1) 4.10 Prior to the issuance of a Certificate of Occupancy, the fire sprinkler
system shall be operational in a manner meeting the approval of the Fire
Chief.
(1) 4.11 Prior to the issuance of the certificate of use and occupancy, the
approved fire lanes shall be installed in accordance with the approved fire
lane plan. The CC&Rs or other approved documents shall contain a fire
lane map and provisions which prohibit parking in the fire lanes. A
method of enforcement shall be included.
(1) 4.12 Prior to the issuance of a building permit for combustible construction, the
builder shall submit a letter on company letterhead stating that water for
fire-fighting purposes and the all weather fire protection access roads
Exhibit A - Conditions of Approval
Resoiution No. 3786
CUP 99-007 & DR99-006
Page No. 15
shall be in place and operational before any combustible material is
placed on site subject to an on-site inspection.
(1) 4.13 Submit plans for the review and approval of the Fire Chief as indicated on
the OCFA Plan Submittal Criteria form. Contact the Orange County Fire
Authority at (714) 744-0403 for a copy of the Fire Safety Site/Architectural
Notes to be placed on the plans prior to submittal.
(1) 4.14 Plans for an approved fire-suppression system for the protection of
commercial-type cooking equipment shall be submitted to the Fire Chief
for review and approval. This system shall be operational prior to the
issuance of a Certificate of Use and Occupancy.
(1) 4.1,5 Plans for the fire alarm system shall be submitted to and approved by the
Fire Chief. This system shall be operational prior to the issuance of a
Certificate of Use and Occupancy.
(1) 5.1 Prior to issuance of any building permits, payment shall be made of all
applicable fees, including, but not limited to, the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
a) Building and grading plan checks and permit fees to the
Community Development Department based on the most current
schedule.
b) Private improvement plan check and permit fees.
c) Orange County Fire Authority plan check and inspection fees to the
Community Development Department based upon the most current
schedule.
d) New development fees in the amount of $350 per unit, plus $100
per bedroom over one in each unit.
e) School facilities fee to the Tustin Unified School District subject to
any agreement reached and executed between the District and the
applicant.
f) Payment of the Orange County Sanitation District No. 7 Sewer
Connection Fees at the time a building permit is issued. The
current fee is $580 per each one-bedroom unit and $910 per each
two-bedroom unit.
Exhibit A - Conditions of Approval
Resoiution No. 3786
CUP 99-007 & DR99-006
Page No. 16
g) Payment of the Major Thoroughfare and Bridge Fees to Tustin
Public Works Department at the time a building permit is issued.
The fee as of July 1, 2000, is S1.621 per dwelling unit.
h) Transportation System Improvement Program (TSIP) fees for area
"B" in the amount of S3.31 per square foot.
i) Tustin Water District fees.
(1) ,5.2 Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of $43.00
(forty-three dollars) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period
that applicant has not delivered to the Community Development
Department the above-noted check, the statute of limitations for any
interested party to challenge the environmental determination under the
provisions of the California Environmental Quality Act could be
significantly lengthened.
*** 5.3 Prior to the issuance of any permits, the applicant shall pay applicable
administrative fees at the discretion of the Redevelopment Agency in lieu
of any exemption for real estate tax due to non-profit ownership.
S 'CDD',~CA": S DS:3785.do:
ATTACHMENT 'B O.F
CITY COUNCIL REPORT
Resolution N'o. 01-57
RESOLUTION NO. 01-57
A RESOLUTION OF THE CITY COUNCIL OF THE
" CITY OF TUSTIN, CALIFORNIA ADOPTING THE
FINAL NEGATIVE DECLARATION AS ADEQUATE
4 FOR GENERAL PLAN AMENDMENT 99-002 AND
5 ZONE CHANGE 99-003, AS REQUIRED BY THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
?
The City Council of the City of Tustin does hereby resolve as follows:
I. The City Council finds and determines as follows:
~, A. That the General Plan Amendment 99-002 and Zone Change 99-
003 are considered a "project" pursuant to the terms of the
~: California Environmental Quality Act; and
B. An Initial Study and Negative Declaration have been prepared for
~-'.. this project and distributed for public review. The Initial
Study/Negative Declaration evaluated the implications of the
:4 proposed development.
15
C. The Planning Commission at their meeting on May 14, 2001
~' recommended that the City Council adopt the Negative
~7 Declaration related to the General Plan Amendment 99-002 and
Zone Change 99-003 as adequate for the development of a fifty-
~s four (54) unit senior housing project.
;~ D. The City Council of the City of Tustin has considered evidence
_~.:., presented by the Community Development Director and other
interested parties with respect to the subject Negative Declaration.
21
E. The City Council has evaluated the proposed Negative
---.2
Declaration and determined that with incorporation of the
:.~ mitigation measures, the project would not have a significant
effect on the environment.
24
:~ II. A Final Negative Declaration, attached hereto as Exhibit A, has been
completed in compliance with CEQA and state guidelines. The City
'-':~ Council has received and considered the information contained in the
2- Negative Declaration prior to approving the proposed project and found
that it adequately discusses the environmental effects of the proposed
2.,, project. On the basis of the initial study and comments received during
the public hearing process, the City Council finds that there will not be a
:~) significant effect as a result of the project.
Resolution No. 01-57
Page 2
In addition, the City Council finds that the project involves no potential for
any adverse effect, either individually or cumulatively, on wildlife
resources as defined in Section 711.2 of the Fish and Games Code. The
City Council hereby adopts the Final Negative Declaration for General
Plan Amendment 99-002 and Zone Change 99-003.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held
on the 21st day of May, 2001.
TRACY WILLS WORLEY
Mayor
i2
13
PAMELA STOKER
~4 City Clerk
..~
STATE OF CALIFORNIA )
~ COUNTY OF ORANGE )
I,*.' CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 01-57
2U
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above foregoing Resolution
No. 01-57 was duly passed and adopted at a regular meeting of the Tustin City
Council, held on the 21st day of May, 2001.
25
26
PAMELA STOKER
-'~ City Clerk
2~
Exhibit A of Resolution .No. 0 I.-57
Exhibit A of Resolution No. 01-57
Final Negative Declaration
GPA 99-002 & ZC 99-003
Table of Contents
A. Initial Study
B. Environmental Factors Potentially Affected
C. Determination
D. Evaluation of Environmental Impacts
E. Response to Comments
F. Mitigation Measures Monitoring Schedule
COMMUNITY DEVELOPMENT DEPARTMENT
300 Centennial Way. Tustin, CA 9_ ,, 80
(7.14) 5 73-31 O0
INITIAL STUDY
A. BACKGROUND
Project Title: Conditional Use Permit 99-007, Design Review 99-006, General Plan Amendment
99-002, and Zone Change 99-003.
Lead Agency: City of Tustin
300 Centennial Way
Tustin, California 92780
Lead Agency
Contact Person: Justina Willkom Phone: (714) 573-3174
Project Location: 1101 Sycamore Avenue
Project Sponsor's
Name and Address: N/A
General Plan Designation: Public mid Institutional (P&I)
Zoning Designation: Suburban Residential (R-4)
Project Description: Construction of a fifty'-four (54) unit senior affordable housing pro. jec~, a General
Plan Amendment to anaend the existing land use designation from Public &
Institutional (P&I) to High Densi~, Residential to provide for residential
development on the project site, a Zone Change to change the zoning designation
from Suburban Residential (R-4) to Multiple Family Residential (R-3) to provide
for multiple family residential development, a Conditional Use Permit td~
conditionally permit the proposed project in the R-3 Zoning District, and a
Design Review for the review of building design, site planning, and site
development.
Surrot, nding Uses:
North: Hospital East: Multi-fhmily Residential
South: Offices and Multi-Family Residential West: Hospital Parking Lot
Other public agencies whose approval is required:
[] Orange County Fire Authori~' [] City of lrvine
[] Orange Count3.' Health Care Agency [] City of Santa Aha
[] South Coast Air Quality Management [] Orange County
District EMA
[] Other
B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below.
[-]Land Use and Planning .?]Hazards
[~Population and Housing [--1Noise
[-]Geological Problems [-]Public Services
~.Water ...~Utilities and Sen:ice
Systems
[~]Air Quality [-'-[Aesthetics
[--]Transportation & Circulation [-]Cultural Resources
[--]Biological Resources [-]Recreation
[-]Energy and Mineral Resources [-]Mandatory Findings of
Significance
C. DETERMINATION:
On the basis of this initial evaluation:
[] I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
[] I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on m~ attached sheet
have been added to the prqject. A NEGATIVE DECLAIL4TION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
[-'-] I find that the proposed project MAY have a significant e'ffect(s) on the environment, but at least one
effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, emd
2) has been addressed by mitigation measures based on the earlier analysis as described on attached
sheets, if the effect is a "Potentially Significm~t Impact" or "Potentially Significant Unless Mitigated."
An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only' the effects that
remain to be addressed.
[--] ! find that although the proposed project could have a significant effect on the envirom~aent, there WILL
NOT be a significant effect in this case because ali potentially sig~zificam effects 1 ) hw,,e been tmalyzed
adequately in au earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated
pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the
proposed project.
I find that although the proposed pro. ject could have a significant effect on the em.'irom-nent, there WILL
NOT be a significant effect in this case because all potentially.: significant effects 1) have been analyzed
adequately in an earlier NEGATIVE. DECLARATION pursuant to applicable standards, and 2) have
been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or
mitigation measures that are imposed upon the proposed project.
Preparer: Justina Willkora Title Associate Plam~er
Elizabeth A. Binsaclc, Co~-i~unity Development Director
D. EVALUATION OF ENVIRONMENTAL IMPACTS
Directions
l ) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not apply to prqjects
like the one involved (e.g. the project falls outside a fauk rupture zone). A "No Impact" answer should be
explained where it is based on project-specific factors and general standards (e.g. the prqiect will not expose
sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level,
indirect, direct, construction, and. operational impacts.
3) Once the lead agency has determined that a particular phy'sical impact ma): occur, the checklist answers must
indicate whether the impact is potentially significant, less than si~aificant with mitigation, or less than significant.
"Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If
there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect
to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-
referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program E1R, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(D). In this case, a brief
discussion should identi~ the following:
a) Earlier Analysis Used. Identi~: and state where they arc available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of
and adequately analyzed in ma earlier document pursuant to applicable legal standm'ds, and state whether
such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should,
where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested 'form, and lead agencies are free to use different formats; however, lead agencies
normally address the questions from this checklist that are relevant to a project's environmental effects in
whatever 'format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and,
b) the mitigation measure identified, if any, to reduce the i~npact' to less than significm~ce.
EVALUATION OF ENVIRONMENTAL IMPACTS
Less Than
Significant
Potentially' l~Zith Le&v Than
Significant Mitigation Significant
I. AESTHETICS - Would the project: Impact Incorporation Impact No Impact
a) Have a substantial adverse effect on a scenic vista? [] [] [] []
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway? [] [] [] []
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? [] [] [] []
d) Create a new source &substantial light or glare which
would adversely affect day or nighttime views in the area? [] [] [] []
II. AGRICULTURE RESOURCES: In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment
Model (1997) prepared by the California Dept. of
Conservation as an optional model to use in assessing impacts
on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps
prepared pursuant, to lhe Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use? [] [] [] []
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? [] 1-~ [] []
c) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use? [] I~] [] []
III. AIR QUALITY: Whm-e available, the significance
criteria established by the applicable air quality management
or air pollution control district may be relied upon to make the
following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable
air quality plan? [] [] [] []
b) Violate any air quali~' standard or contribute substantially
to an existing or projected air quality violation? [] [] [] []
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions which exceed
quantitative thresholds fbr ozone precursors)? [] [] [] []
d) Expose sensitive receptors to substantial pollutant
concentrations? [] [] [] []
e) Create objectionable odors affecting a substantial number
of people? [] [] .t--] []
Less Than
Significant
Polentiall)' With Less Than
SignOqcant :~Sitigation Significant
IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation Impact No Impact
a) Have a subst~tial adverse effect, either directly or
through habitm modifications, on ~y species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the California
Department offish and Game or U.S. Fish and Wildlife
b) Have a substantial adverse effect on ~>' rip~i~ habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Dep~tment offish ~d Game or U.S. Fish and Wildlife
c) Have a substantial adverse effect on f~derally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, m~sh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological inte~uption, or
other means? ~ ~ ~ ~
d) Interfere substantially with the movement of any native
resident or migrateW fish or wildlife species or with
established native residem or migrmoo' wildlife corridors, or
impede the use of native wildlife nurs~w siles? ~ ~ ~ ~
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance? ~ ~ ~ ~
fl Conflict with the provisions of an adopted Habitat
Consem, ation Plan, Natural Community Conservmion Pl~, or
other approved local, regional, or state habitat conservation
plan? ~ ~ ~ ~
V. CI.,'LTUR~.L RESOURCES: - Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource ~s defined in § 15064.52 [] [] [] []
b) Cause a substantial adverse change hi the significance of
an archaeological resource pursuant to § 1 >064.,, [] [] [] []
c) Directly or indirectly destroy.' a tmique paleontological
resource or site or unique geologic feature? [] [] ~ []
d) Disturb any human remains, including those interred
outside of tbrmal cemeteries? [] [] [] [5(i
VI. GEOLOGY AND SOILS: - Would the prqiect:
a) Expose people or structures to potential substa,ttial
adverse effects, including the risk of loss, injuo:, or death
involving:
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
Impact Incorporation Impact NO Impact
i) Rupture of a known earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake Fanlt Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence ora known fault? Refer to Division of
Mines and Geology Special Publication 42. [] I'-1 [] []
ii) Strong seismic ground shaking? ~.. [] [--! []
iii) Seismic-related ground failure, including liquefaction? [] [] []
iv) Landslides? [] [] [] []
b) Result in substantial soil erosion or the loss of topsoil? [] [] [] []
c) Be located on a geologic unit or soil that is unstable, or
that would beco~ne unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral spreading,
subsidence, liquefaction or collapse? [] [] [] []
d) Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or property? [] [] [] []
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems where
sewers are not available for the disposal of waste water? [] [] [] []
VII. HAZARDS AND HAZARDOUS MATERIALS:
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or disposal of
hazardous materials? ~ [] [] []
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment? [] [] [] []
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-quarter
mile of an existing or proposed school? [] [] [] []
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment? [] [] ..,'--1 []
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles ora
public airport or public use airport, would the project result in
a safety haz~'d for people residing or working in the project
f) For a project within the vicinity ora private airstrip,
would the project result in a safety hazard for people residing
or working in the project area? [] [] [] []
Less Than
Significant
Potentially ff"ith Less Than
Significant Mitigation Significant
g) Impair implementation of or physically interfere with an Impact b~corporation Impact No Impact
adopted emergency response pl~ or emergency evacuation
h) Expose people or s~ctures to a significant risk ofloss,
~ju~ or dea~ invoMng wildland fkes, inelud~g where
wildlands are adjacent to urb~ized areas or where residences
are intermixed wi~ wildlands? ~ ~ ~ ~
VllL }~DROLOGY AND WATER QUALITY: - Would
the project:
a) Violate any water quali~y standards or waste diseh~ge
requirements? ~ ~ ~ ~
b) Substantially deplete groundwater supplies or intertbre
substantially with groundwater rech~ge such thru there ~'ou]d
be a net deficit in aquifer volume or a lowering of the local
groundwater table level (e.g., the production rate of pre-
existing he.by wells would ~op to a level Which would not
support existing l~d uses or planned uses for which peri. its
have been granted)? ~ ~ ~ ~
c) Substantially alter the exist~g drainage pa~em of the site
or area, ~cludJng through the alteration of the course of a
stream or river, in a m~ner which would result in subst~tial
erosion or siltation on- or off:site? ~ ~ ~ ~
d) Substantially alter the existing drainage pagem of the site
or area, including t~ough the aheration of the course ora
stream or river, or substantially ~crease the rate or amount of
surface runoff in a m~ner which would result in flooding on-
or off-site? E E ~ ~
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of pollmed runof~ ~ ~ ~ ~
~ Othe~vise substantially degrMe wmer quality? ~ ~ ~ ~
g) Place housing within a 100-ye~ tlood hazard area as
mapped on a federal Flood Hazed Boundary or Flood
lnsur~ce Rate Map or other flood h~d delineation map? ~ ~ ~ ~
h) Place within a ] 00-year flood hamrd area structures
which would impede or redirect flood flows? ~ ~ ~ ~
i) Expose people or structures to a significant risk of loss,
injuD' or death involving flooding as a result of the hilure of a
j) Inundmion by seiche, tsunami, or mudflow? ~ ~ ~ ~
IX. LAND USE AND PLANNING - Would the pr~ect:
a) Physically dMde an established communiB'? ~ ~ ~ ~
Less Than
Significant
Potentially' With Less Than
Significant Mitigation Significant
b) Conflict with any applicable land use plan, policy, or Impact h?corporation Impact No .Impact
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect? [] [] [] ~5~
c) Conflict with any applicable habitat conservmion plan or
natural community conservation plan? [] [] [-3 []
X. MINERAL RESOURCES - Would the project:
a) Result in the loss of availability cfa known mineral
resource that would be of value to the region and the residents
of the state? [] [] ~ []
b) Result in the loss ofavailabiliB, cfa locally-important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan? [] [] [] []
XI. NOISE-
Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies? [] [] [] []
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels? [] [] [] []
c) A substantial permanent increase in ambient noise levels
in the project vicinity, above levels existing without the
project? [] [] [] []
d) A substantial temporal, or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the pr6ject? [] [] [] []
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of a
public airport or public use airport, would the pro. ject expose
people residing or wofldng in the project area to excessive
noise levels? [] [] [] []
f) For a project within the vicinity cfa private airstrip,
would the project expose people residing or working in the
project area to excess noise levels? [] [] [] []
XII. POPULATION AND HOUSING - Would thc project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)? [] [] [] []
b) Displace substantial numbers of existing housing,
necessitating the construction of replacemenl housing
etsewhere? __[] [] []
Less Than
Significant
Potentially With Less Than
Significant Mitigation Significant
Impact Incorporation hnpact No Impact
c) Displace substantial numbers &people, necessitating the
construction of replacement housing elsewhere? [] [] [] []
XIII. PUBLIC SERVICES
a) Would the project result in substantial adverse physical
impacts associated with~ the provision of new or physically
altered governmental facilities, need for new or physically
altered governmental facilities, the construction &which
could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other
performance objectives for any of the public services:
Fire protection? [] [] [] ~..
Police protection? [] [] [] []
Schools? [] [] [] []
Parks? [] [] [] []
Other public facilities? I--] [] [] []
X~V. RECREATION-
a) Would the project increase the use &existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated? [] [] [] []
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities which
might have an adverse physical effect on the environment? [] [] [] ~
XV. TRANSPORTATION/TRAFFIC - Would the prqiect:
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e. result in a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)? [] [] [] []
b) Exceed, either indMdua]ly or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways? [] [] [] []
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that results
in substantial safety risks? [] [] [] []
d) Substantially increase hazards due to a design feature (e.g.
sharp curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)? [] [] [] []
e) Result in inadequate emergency access? [] [] ,i--l,. []
fl Result in inadequate parking capacity? [] [] ~ []
Less Than
Sign!l~cant
P otentiall3, , With Less Than
Significant Mitigation Significant
Impact Incorporation Impact No Impact
g) Conflict with adopted policies, plans, or pro,ams
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)? ['-}, [] []
XVI. UTILITIES AND SERVICE SYSTEMS-
Would the prqiect:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality, Control Board? [] [] [] []
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
enviromnental effects? [] [] [] []
c) Require or result in the construction of new storm water
drainage facililies or expansion of existing facilities, the
construction of which could cause significant environmental
effects? [] [] [] []
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are new or
expanded entitlements needed? . ,lq. []. [] []
e) Result in a determination by the wastewaler treatment
provider which serves or may serve the project that it has
adequate capacity to serve the prqject's projected demand in
addition to the provider's existing commitments? [] [] ~_j []
f) Be sen'ed by a landfill with sufficient permiu.ed capacity
to accommodate the project's solid waste disposal needs? gU [] []
g) Comply with federal, state, and local statutes and
regulations_ related to solid waste? [] i ~'-'n [] []
XVII. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential ~o degrade the qualit5'
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 communi .ty, 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
prehisto~'? [] [] [] []
b) Does the project have impacts that are individually
limited, but cumulatively considerabL. ("Cumulatively
considerable" means that the incremental effects ot7 a prqiect
are considerable when wewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projectz)? [] []
c) Does the project have environmental effects which will
cause substantial adverse effects on human b,m_s, either
directly or indirectly? [] [] []
SECTION D
EVALUATION OF ENVIRONMENTAL IMPACTS
CONDITIONAL USE PERMIT 99-007, DESIGN REVIEW 99-006, GENERAL PLAN
AdMENDMENT 99-002, AND ZONE CHANGE 99-003.
AMERICAN SENIOR LIVING
1101 SYCAMORE AVENUE
BACKGROUND
The project includes the construction of a fifty-four (54) unit sen/or affordable housing project, a
General Plan ~-adnendment to amend the existing land use designation from Public & Institutional
(P&I) to High Density Residential to provide for residential development on the project site, a
Zone Change to change the zoning designation from Suburban Residential (R-4) to Multiple
Family Residential (R-3) to provide for multiple family residential development, a Conditional
Use Permit to conditionally permit the proposed project in the R-3 Zoning District, and a Design
Review for the review of building design, site platming, and site development.
The propert-y is currently vacant and is surrounded by apartment complexes to the East, a local
hospital to the North, a parking lot to the West, a_nd an office complex and apartment complex to
the South.
1. AESTHETICS
Items a & b - No Impact:
The subject property is not located on a scenic vista. The subject property is 1.82 acres of
vacant ]and surrounded by developed parcels. The proposed project would not disturb am'
trees, rock outcroppings, or historical buildings, and the site is not located on a State scenic
highway.
Mitigation Measures/Monitoring Required: None Required.
Item c - Less Than Significant Impact with Mitifzation Incorporation:
The property is currently vacant. The construction of a three-sto~: senior housing project on
vacant land would change the visual character of the site and its surrounding. However, the
impact would be ]ess than significant since the site is surrounded by a four story medical
plaza and a one-story hospital building to the North, two-story apartment complexes to the
East mad South, and a commercial parking lot to the West, and the project would be designed
in a residential style that is consistent with the development standards and the landscaping
standards for the area.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 2 of 13
Miff gation Measures/Monitoring Required:
· Roofing materials shall be full dimensional architectural composition shingles with
color and manufacturer to be approved by the Community Development Director and
the Redevelopment Agency.
· All roof-top equipment shall be fully screened from public view.
· A minimum of four (4) inch trim on all windows shall be provided.
· The foam strips shall be treated with hard surface to create a grade separation between
the two different stucco types.
· A minimum six (6) foot high decorative block wall shall be constructed along the east,
north, and west property lines with the exception of the front setback area where the
wall shall be reduced to a maximum of three (3) feet. The block wall shall be treated
with anti-graffiti materials.
· The wrought iron fence along the 'front shall be painted a flat green color to
complement the landscape area.
· No fence or walls within the required front yard setback shall exceed three (3) feet in
height.
· The site shall be landscaped consistent with the City's Landscaping and Irrigation
Guidelines. Landscaping shall consist of a combination of berming and sufficient
numbers of shrubs and trees to provide adequate screening, subjecl to the satisfaction
of the Community Development Director.
· Perimeter landscape materials adjacent to flue carports shall include a minimum of four
(4) feet to six (6) feet high shrub hedges.
· A precise landscape and irrigation plan including landscape grading, backflow
preventors, and timers shall be reviewed and approved bv the Community
Development Director prior to issuance of a building permit.
Sources: Submitted Plans
Tustin City Code
Field Inspection
Item d - Less Than Sit, nificant Impact with Mitiaation Incorooration:
The proposed new apmxrnent complex would bring new lights to the area. ttowever, the new
source of light would not adversely affect da3:- or night-time views in the area since the
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 3 of ] 3
project would be required to have all lights arranged so that no direct rays would shine omo
adjacent property.
Sources: Submitted Pltms
Tustin City Code
Field Inspection
Mitigation Measures/Monitoring Required:
· Parking lot lighting shall be arranged so that direct rays do not shine on adjacem
properties. Lighting fixtures and intensity of lighting shall be subject to the review and
approval of the Community Development Director. At Building Plm~ Check,
manufacturer's details of all lighting fixtures, and a lighting plan which identifies the
location, type of fixtures, and intensity (photometric study) of all exterior building-
mounted and free-standing lighting shall be provided. All light fixtures shall be
architecturally compatible with proposed structures.
2. AGRICULTURAL RESOURCES
Items a. b & c -No Impact:
The proposed project will be located on a site that is vacant and surrounded by developed
residential apartment buildings, hospital and medical office buildings and a parking lot.
The proposed project will have no impacts on any farmland, nor will it conflict v,4th
existing zoning for agricultural use, or a Willi,'mxson Act contract. The proposed project will
not result in conversion of farmland to a non-agricultural use.
Mitigation Measures/Monitoring Required: None Required
Sources: Tustin General Plan
Field Inspection
Submitted Plans
Tustin CiB' Code
3. AIR QUALITY
Items b - Less Than Si~mificant Impact with M.itieation Incorporation:
The project would temporarily increase the anaounl of short-term emission to the area due to
the grading of the property and construction activities. Since the site is relatively fiat, only
minor grading would be required. Short-term emissions associated with grading, construction
and operation of the proposed project are subject to regulation by the South Coast Air
Quality Management District and the City of Tustin Grading Manual which includes
requirements for dust control. Mitigation measures xx411 be required for the project to minimize
construction activit3..' dust generated as part of this project. \Vith implementation of the
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 4 of 13
mitigation measures and conditions of approval, impacts related to air quality would be
reduced to a level of insignificance.
Mitigation Measures/Monitoring Required:
· All construction activity shall comply with the requirements of the City of Tustin
Grading Manual which requires frequent watering of the project site to control dust and
prohibiting grading during second stage smog alerts and when wind velocities exceed 15
miles per hour.
Item a. c. d & e - No Impact:
The project would also increase emissions in the area due to new vehicle trips, use of
landscape maintenance equipment, etc. The project would construct 54 new apartment units
for seniors. In accordance with 'Fable 6-2 (Screening Table for Operation) CEQA Air
Quality Handbook, the construction of 54 senior housing units is considered insignificant.
Therefore, no mitigation for emissions related to new Yehicle trips is necessary.
Mitigation Measures/Monitoring Required: None Required
Sources: South Coast Air Quality Management District Rules & Regulations
City of Tustin Grading Manual
Project Application
Field Inspection
4. BIOLOGICAL RESOURCES
Items a. b. c. d. e & f- No Impact:
The subject site was developed with a twentv-six (26) unit apartment complex. The
apartment complex was demolished in 1987 to accommodate a temporary parking lot for the
hospital. The site is surrounded Mth commercial and residential properties developed with
pavement and structures. The site is not inhabited by an): known species of animals. The
proposed project would have no impacts on animal populations, diversity of species or
migratory patterns. The project would include the removal of local trees (eucaly..'ptus trees)
along the northern property line to accommodate the development. New trees and landscape
materials will be provided in accordance to the Tustin Landscape and Irrigation guidelines.
No impacts to an): unique, rare, or endangered species of plant or animal life identified in local
or regional plans, policies or regulations by the California Deparuuent offish and Game or U.S.
Fish and Wildlife Service would occur as a result of this proposed prqject.
Mitigation Measures/Monitoring Required: None Required
Sources: Field Inspection
Submitted Plans
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 5 of 13
Tustin City Code
5. CULTURAL RESOURCES
Items a. b. c & d- No Impact:
The subject property is not located xxfthin the City's Cultural Resources Overlay District, nor
are there any identified cultural, historic, or archaeological resources identified on or around
the site. The project would have no impacts on cultural resources.
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin Zoning Code
Tustin City Code
6. GEOLOGY & SOILS
Items a-ii & a-iii - Less Than Sic, nificant Impact with Mitieation Incorporation:
The topography of the site is relatively flat and would require minor precise grading activity
to prepare the site for new construction. Compliance with current codes will ensure that the
design and construction of the proposed project reduces any potential impacts related to fault
ruptures, ground shaking, ground failure, liquefaction, or unstable soils to a level of
insignificance.
Mitigation Measures/Monitoring Required:
· All grading, drainage, vegetation, and circulation shall coraply with the City of Tustin
Grading Manual. All construction activity shall comply with the Tustin Grading Manual
which requires frequent watering of the project site to control dust. Ail street sections.
curbs, gutters, sidewalks, lighting, and storm drain shall comply with on-site
improvement standards. Any deviations shall be brought to the attention of the Building
Official and request for approval shall be submitted in writing prior to any approval.
Items a-i. a-iv. b. c. d & e -No Impact:
The project site is not located within an area that is subject to seiche, tstmami, volcmfic
h~ards, landslides, or mudfiows, erosion, subsidence, or expansive soils. No unique
geological or physical features are present within the area.
With implememation of a condition of approval that requires the applicant to obtain all
necessary approvals t¥om the Community Development Department, the project design and
construction will reduce potential impacts to a level of insignificm~ce.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 6 of 13
Sources: Tustin General Plan
City of Tustin Grading Manual
Uniform Building Code
Project Application
Field Evaluation
7. HAZARDS & HAZARDOUS MATERIALS
Items a throuc, h h - No Impact:
The proposed project involves the construction of a senior affordable apartment complex.
Development or use of the proposed senior housingis not anticipated to result in exposure to
hazardous substances or interfere with emergency response or evacuation. All grading and
construction would be subject to compliance with the all applicable Unifom~ Building and
Fire Codes. The project is not in the vicinity of an airport or airstrip.
Mitigation M'easures/Monitoring Required: None Required.
Sources: Unifonu Building and Fire Codes
Submitted Plans
Tustin General Plan
Mitieation/Monitorine Required: None Required
8. HYDROLOGY & WATER QUALITY
Items e & f- Less Than Sienificant Impact with Mitieation Incorporation:
The project site is relatively flat and would require minor grading. The project would not
expose people or property to water-related hazards such as flooding, change the course or
direction of waters movements, or affect the quantity of groundwaters. During construction
the project will be conditioned to comply with the National Pollution Discharge Elimination
System (NPDES) storm water regulations.
Mitigation Measures/Monitoring Required:
· Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm
drains shall comply with the on-site Private Improvement Standards.
· All site drainage shall be handled on site and shall not be permitted to drain onto adjacent
properties.
· The applicant shall comply with the following conditions pertaining to the requirement for
a Water Qualit3, Management Plan:
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002: ZC 99-003
Page 7 of 13
1. Prior to issuance of building permits, the applicant shall submit for approval by the
Community Development and Public Works Departments, a Water Quality
Management Plan (WQMP) specifically identifying Best Management Practices
03MPs) that will be used on site to control predictable pollutant nm-off.
2. This WQMP shall identify the following: structural and non-structural measures
specified detailing implementation of BM-Ps whenever they are applicable to the
project; the assignment of long-term maintenance responsibilities (specff~,4ng the
developer, parcel owmer, property maintenance, lessee, etc.); and, reference to the
location(s) of structural BMPs.
· Ail necessary precautions and preventive measures shall be in pi. ace in order to prevent
material from being washed away by surface waters or blovm by wind. These controls
shall include at a minimum: regular wetting of surface or other similar wind control
method, installation of straw or fiber mats to prevent rain related erosion. Detention
basin(s) or other appropriately sized barrier to surface flow must be installed at the
discharge point(s) of drainage from the site. Any water collected from these controls shall
be appropriately disposed of at a disposal site. These measures shall be added as general
notes on the site plan and a statement added that the operator is responsible for ensuring
that these measures continue to be effective during the duration of the project
construction.
· Appropriate controls shall be installed to prevent all materials from being tracked off site
by vehicles or other means. These controls may include gravel exits or wash-down areas.
Any materials tracked off site must be removed as soon as possible, but no liner than the
end of the operation day. This material shall be disposed of at an appropriate disposal site.
These measures shall be added as general notes on the site plan and a statement added that
the operator is responsible for ensuring that these measures continue to be effective during
the duration of the project consU'uction.
Sources: Field Verification
Submitted Plans
Tustin City Code
Item a. b. c. d. ,z. h. i & j · No Imr~act
The project would not violate water quality standards or waste-water discharge requirement
as conditioned. The project would not deplete groundwater supplies or interfere substantially
with groundwater recharge. The project site is relatively flat where no substantial alteration
to the drainage pattern in a manner which would result in substantial erosion, siltation, or
flooding on or offsite. The project site is not located within a 100-year flood hazard areas as
mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map, nor is the project
located within a 100-year flood hazard area structures which would impede or redirect flood
flO'~VS.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 8 of 13
Mitigation Measures: None Required.
Sources: Field Verification
Submitted Plans
Tustin City Code
9. LAND USE PLANNING
Items a. b & c -No Impact:
The subject property is designated by the General Plan Land Use Map as Public and
Institutional (P&I) and zoned Suburban Residential (R-4). Prior to 1986, the property was
improved with a m,enty-six (26) unit apamuent complex and was designated by the General
Plan as Multi-family Residential and zoned Multiple Family Residential (R-3).
In 1986, the City Council approved a General Plan Amendment from Multi-family
Residemial to Public and Institutional (P&I) and a zone change from Multiple Family
Residential (R-3) to Public and Institutional (P&I) at the request of the hospital ox~a~er to
accommodate a temporary parking area for the hospital. In 1994, as part of the citywide
General Plan Amendment, the property was inadvertently rezoned to Suburban Residential
(R-4) inconsistent with the General Plan land use designmion of Public mad Institutional
(P&I).
The proposed project would require a change in land use designation mad zoning of the
property to the original land use designation and zoning of High Density Residential and
Multiple Family Residential (R-3), respectively. With these changes, the proposed use
would be consistent with the applicable land use and zoning regulations.
The proposed project would not divide an established community. The proposed project is
not located in the conservation plan or natural community conservation plan. The proposed
project would not conflict with an3' applicable conservation plan.
Mitigation Measures: None Required.
Sources: Submitted Plans
Tustin Cit3~ Code
Tustin General Plan
Tustin Zoning Map
10. MINERAL RESOURCES
Items a & b - No Impact:
The proposed project is not located in the mineral resource recoveD' site and would not use
nonrenewable resources in a wastefhl or inefficient manner.
Am erican Senior LMng
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 9 of 13
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
11. NOISE
Items c & d- Less Than Si--,nificant Impact with Mitigation incorporation:
The development would result in short-term construction noise impacts. However, the Tustin
City Code requires compliance with the City's Noise Ordinance and construction hours.
Long-tenu noise would be increased due to increase in vehicle trips, air conditioners,
landscape maintenance equipment, and any other noise associated with residential
development. However, any development within the City would be subject to the Tustin
Noise standards. The increase in vehicle trips is not anticipated to exceed the City's noise
standards of 65 CNEL for exterior noise level and 45 CNEL for interior noise level.
The proposed project is three (3) stoo' in height. Although the project is not located within
the Jokm Wayne Airpo/t flying path, it is in close proximity to the incoming flights over the
State Route 55 freeway to John Wayne Airport. The City, County and State criteria t-hr
Community Noise Equivalent (CNEL) for residential uses is 65 dB consistent with the Tustin
Noise standards. In accordance to the California Airport Noise Standards, John YVayne
Airport performs quarterly noise monitoring at several locations. Based on the quarterly
noise abatement reports, the project is not located within the 65 CNEL arew'noise impact
area. As a result, no specific method of construction would be required to mitigate fl~e
unm~ticipated aircraft noise impacts. The project, however, would be conditioned to meet
City's noise standards.
Mitigation Measures/Monitoring Required:
· The applicant shall comply with Tustin Noise Ordinance to limit all exterior and
interior noise levels to the established standards.
· All construction operations, including engine warm-up and deliveries of materials and
equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take
place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and
between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the
Cormuunity Development Director and/or Building Official. Construction activities are
prohibited on Sundays and City observed Federal holidays.
Sources: Submiued Plans
Tustin City Code
Tustin Noise Ordinance
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page I 0 of 13
Tustin General Plan
Item a. b. e & f-No Imp. act:
The proposed project would not create excessive ground vibrations, nor will it create a
permanent increase in the existing ambient noise levels beyond the established standards. The
site is not located within an airport land use plan or within two (2) miles of a public or
private airport. The project would not expose people residing or working in the project area
to excessive noise.
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
Tustin Zoning Code
12. POPULATION & HOUSING
Items a. b. and c -No lmpac.t:
The proposed project would construct a fifty-four (54) unit senior housing project and
increase the density in the area. ]''he increase, however, would not be substantial in that new
streets or new public services would need to be created. Nevertheless: the applicant has
agreed to dedicate a ten (10) foot strip of land as a condition of approval for future street
widening to accommodate the anticipated increase in vehicle trips. No gro,a.th impacts to the
area are anticipated due to the widening.
The project site is currently vacant and the construct/on of a new apartment complex on a
vacant lmad would not displace existing housing or displace substantial numbers of people,
necessitating fl~e construction of replacement housing elsewhere.
Mitigation Measures/Monitoring Required: None
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
13. PUBLIC SERVICES
Item a- No Impact:
The proposed prqiect would construct fifty4bur (54) unit senior housing project. Although
the project would increase flae density within the area. the increase is not substantial in which
new streets, public services, or infrastructure would need to be created. Nevertheless, the
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 11 of 13
applicant has agreed to dedicate a ten (10) foot strip of land as a condition of approval for
future street widening to accommodate the anticipated increase of vehicle trips.
Mitigation Measures/Monitoring Required: None
Sources: Submitted Plans
Tustin City Code
14. RECREATION
Items a & b - No Impact:
The project is not located in proximity to recreational facilities. The project would not
increase the use of existing parks such that substantial deterioration of the facility would
occur or be accelerated, nor would the project include recreational facilities that would have
an adverse physical effect on the environment.
Mitigation Measures/Monitoring Required: None Required
Sources: Submitted Plans
Tustin City Code
15. TI~4.NSPORTATION/TRAFFIC
Items b. c. d. e & f- No Impact:
The proposed project is anticipated to generate approximately 216 weekdav trips. The
project would generate nine (9) AM peak hour trips md fifteen (15) PM peak hour trips.
These anticipated trips were added to the Intersection Capacity Utilization (ICU) at the
Newport Avenue and Sycamore Avenue intersection, mad the increase does not cause an
appreciable increase in the ICU value. Hence, the Level of Service for Newport AYenue and
Sycamore Avenue is basically unchmaged. Nevertheless, the applicant has agreed to dedicate
a ten (10) foot strip of land as a condition of approval for future street widening to
accommodate the anticipated increase in vehicle trips.
The proposed project would not result in changes to air traffic patterns, emergency access, level.
of service standards, or conflict v~Sth adopted policies, plans or programs supporting alternative
transportation.
Mitigation Measures/Monitoring Required:
American Senior Living
CUP 99-007, DR 99-006. GPA 99-002, ZC 99-003
Page 12 of 13
· Dedication of ten (10) 'feet of additional street right-of-way along Sycamore Avenue
will be required for future street widening consistent with the Orange County and the
City's Master Plan of Arterial Highway. The dedication shall be provided through an
irrevocable offer of dedication and shall be recorded prior to issuance of building
permits. Provide legal descriptions and sketches as prepared by a California Registered
Civil Engineer or California Licensed Land Surveyor to the Engineering Division for
review and approval.
Sources: Submitted Plans
Tustin City Code
Parking Analvsis
16. UTILITIES & SERVICE SYSTEMS
Items a. b. c. d. e. f & g -No Impact:
The proposed project would not require modification to existing utilities or need for
additional utilities to serve the site. All necessary utilities are in place to serve the subject
property. The proposed prqject would not require or result in the construction of new' water or
wastewater treatment facilities. The proposed pr~ect would utilize the existing storm drain
system and thus would not require construction of a new storm water drainaze facility.
Adequate water supply from existing resources would be available to serve th~' proposed
project.
Mitigation Measures/Mo!fitoring Required: None Required.
Sources: Submitted Plans
Tustin City Code
Tusfin General Plan
17. MANDATORY FINDINGS OF SIGNIFICANCE
Items a. b & c -No Impact:
The project design, construction, and operation will comply with the regulations of the
Community Development Department, Air Quality Management District, and Orange
County Fire Authority which reduces any potential impacts related to geological probl, ems,
water quality, air quality, hazards, and noise to a level of insignificm~ce. The project does not
have the potential to degrade the quality of the enviromuent nor achieve short-term
enviromnental goals to the disadvm~tage of fl~e long-term. It does not have impac'ts that are
individually limited but cumulatively considerable or that would cause substantial adverse
impacts on human beings.
American Senior Living
CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003
Page 13 of 13
Sources: Submitted Plans
Tustin City Code
Tustin General Plan
S :;CDD~US'I'INA",curtent phmning\Envimnmcmal'..~,SL Attachment A.d~:
~ COMMUhrlTY DEVELOPMENT DEPARTMENT
300 Centennial l.I"~ty, Tz:stin, C,4 92 780
(7]4) 575-3]00
NEGATIVE DECLARATION
Project Title: Conditional Use Permit 99-007, Design Review 99-006, General Plan Amendment 99-002, and
Zone Change 99-003.
Project Location: 1101 Sycamore Avenue
Project Description: Construction of a fifty-four (54) unit senior affordable housing project, a General Plan
,-Mnendment to a:mend the existing land use designation from Public & Institutional (P&I) to High Density
Residential to provide for residemial development on the project site, a Zone Change to change the zoning
designation from Suburban Residential (R-4) to Multiple Fmuily Residential (R-3) to provide for multiple
family residential development, a Conditional Use Permit to conditionally permit t!ae proposed project in the R-
3 Zoning District and a Design Review for the review of building design and site planning.
Prqiect Proponem: City of Tusti.n, 300 Centermial Way, Tustin, CA 92780
Lead Agency Contact Person: Justina Willkom Telephone: (714) 573-3174
The Community Development Department has conducted ma Initial Study for the above project in accordance
with the Cky of Tustin's procedures regarding implementation of the California Environmental Quali. Lv Act,
and on the basis of that study hereby finds:
~ That there is no substantial evidence thru flae project may have a significant effect on the enriromnent.
That potential sigpJfican~ effects were idemified, but revisions have been included in the project plans
and agreed to by .the applicant that would avoid or mitigate the el:feets to a point where clearly no
significant effects would occur. Said Mitigation Measures are included in Attaclunent A of the Initial
Study which is attached hereto and incorporated herein.
Therefore, the preparation of an Em,ironmental Impact Report is not required.
The Initial Study which provides the basis for this determination is attached and is on file at the Com.mulaiD'
Development Deparunent, City of Tustin. The public is invited to comment on ~e appropriateness of this
Negative Declaration during the review period, which begh:s with the public notice of Negadx,'e Declaration and
extends for twenty (20) calendar days. Upon review by the Community Development Director, this review
period may be extended if deemed necessary.
REVIEW PERIOD ENDS 4:00 P.M. ON M~¥ 8, 2001
Date APRIL 19, 2001 .~~~~~_. Elizabetl~ A. Binsaek
Community Development Director
Section E of Exhibit A of Resolution No. 3783
Comments and Responses
Environmental Review for
GPA 99-002, ZC 99-003, CUP 99-007 and DR 99-006
1. A notice of the public review period required by California Environmental
Quality Act (CEQA) for the Negative Declaration was published on April 19,
2001 in the Tustin News and mailed to property owners on May 4, 2001. The
notice also indicated that the Planning Commission will consider the project
on May 14, 2001.
Section 15073 of the California Environmental Quality Act indicates that the
lead agency shall provide a public review of not less than twenty (20) days.
Section 15072 indicates a notice of intent to adopt a Negative Declaration
shall be made available to the public by one of the following methods: 1)
publication at least one time by the lead agency in a newspaper of general
circulation; 2) posting notice by the lead agency on or off site in the area
where the project is to be located; and, 3) direct mailing to owners and
occupants of the property contiguous to the project.
Consistent with the CEQA guidelines, the notice was published in the Tustin
News on April 19, 2001 (see attached proof of publication).
In addition, consistent with the Government Code Section 65091 (Planning,
Zoning, and Development Law) regarding providing notice of a public hearing,
a notice of the public hearings was mailed to property owners within three
hundred (300) foot radius and the property was posted with a notice of public
hearing on May 4, 2001, ten (10) days prior to the public hearing on May 14,
2001. This notice also referred to the public review period.
Source: California Environmental QualityAct (CEQA) Guidelines
Planning, Zoning, and Development Laws
2. Item No. 11 of Section D of Exhibit A of Resolution No, 3783 analyzes noise
impacts that may result from the construction of a senior housing project. The
analysis discusses shod-term and long-term construction noise impacts.
The development would result in short-term noise impacts associated with
construction activity. However, the Tustin City Code requires compliance with
the City's Noise Ordinance and construction hours. Condition No. 1.15
restricts all construction operations, including engine warm-up and deliveries
of materials subject to Tustin Noise Ordinance to take place only between the
hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00
a.m. and 5:00 p.m. on Saturday. Construction activity is not anticipated to
Section E of Exhibit A of Resolution No, 3783
Comments and Responses
GPA 99-002, ZC 99-003, CUP 99-007, and DR 99-006
Page 2 of 4
generate significant noise levels beyond limits imposed by the Noise
Ordinance.
Long-term noise would increase slightly due to increases in vehicle trips, air
conditioners, landscape maintenance equipment, and any other noise
associated with residential development. The increase in vehicle trips is
projected to be 216 weekday trips and the noise anticipated from air
conditioners and landscape maintenance equipment is expected to be similar
to normal residential uses. The increase of the noise level resulting from the
project is not anticipated to exceed the City's noise standards of 65 CNEL for
exterior noise level and 45 CNEL for interior noise level. As such, the noise
associated with the project is not anticipated to be significant.
The proposed project is three (3) floors in height. Although the project is not
located within the John Wayne Airport flight pattern, it is in close proximity to
the incoming flights over the State Route 55 freeway to John Wayne Airport.
In accordance to the California Airport Noise Standards, John Wayne Airport
performs quarterly noise monitoring at several locations. Based on the
quarterly noise abatement reports, the City's Acoustical Consultant ONieland
Associates, Inc.) estimates the aircraft-generated CNEL experienced at the
project site is 55 dB, well below the City's noise standard of 65 dB (see
attached Noise Contours). He further indicates that it is possible, under the
right conditions to reflect aircraft noise off the proposed three-story building.
This could increase single event aircraft noise levels by 1 or 2 dB. Under
these "worst case" conditions, the aircraft-generated CNEL might increase to
57 dB. This is still well below the City's standard of 65 dB. Therefore, no
specific method of construction would be required to mitigate the
unanticipated aircraft noise impacts. However, Condition No. 1.13 has been
placed to ensure that the project complies with Tustin Noise Ordinance to limit
all exterior and interior noise sources and levels to the established standards.
Based upon analysis on potential noise, all impacts could be mitigated to a
level of insignificance. Therefore, an Environmental Impact Report is not
required.
Source: John Wayne Airport Noise Abatement Quarterly Report.
David Wieland, Inc. findings dated May 10, 2001.
3. The Newport Avenue extension project and SR-55 freeway ramp
reconfiguration have been delayed in the past primarily due to funding
constraints and right-of-way acquisition issues. The construction of these
projects was scheduled to begin in 2002, however, the City is currently
reviewing its Capital Improvement Program budget and these projects may be
further delayed due to funding and right-of-way constraints.
Section E of Exhibit A of Resolution No, 3783
Comments and Responses
GPA 99-002. ZC 99-003. CUP 99-007, and DR 99-006
Page 3 of 4
Source: Doug Anderson, City of Tustin Engineering Division.
4. Sycamore Avenue currently serves as a route to three schools in the area. It
also serves as a link to the SR-55 freeway. Sycamore Avenue is designated
as a four-lane secondary arterial highway on the Orange County Master Plan
of Arterial Highways and on the City's Arterial Highway Plan in the General
Plan. As such, Sycamore is planned to accommodate approximately 25,000
vehicles per day in the future. Currently, there are 7,100 vehicles per day on
Sycamore Avenue, which indicates an acceptable level of traffic service.
There are occasions during the school drop-off and pick-up times that
Sycamore Avenue is highly congested with vehicles as well as pedestrians.
However, this is typical of traffic near all schools at these times of the day and
is a temporary condition, which lasts approximately 30-minutes in the morning.
and 30-minutes in the afternoon during the weekdays.
According to the Tustin Police Department there have not been reports nor
citations of double parked vehicles to accommodate drop-off or pick-up
activities near the schools on Sycamore Avenue.
Source: Doug Anderson, City of Tustin Engineering Division.
City of Tustin Police Department
5. Legally parked vehicles on Sycamore Avenue do not block nor restrict traffic
flow on the roadway. Vehicles attempting left-turns may slow and could stop
traffic momentarily to complete turns but cause only minor inconveniences for
drivers on Sycamore Avenue.
Source: Doug Anderson, City of Tustin Engineering Division.
6. The traffic proposed to be generated from the American Senior Living project
equates to 216-weekday trips as indicated in the Institute of Transportation
Engineers Trip Generation Manual. The project is anticipated to generate 9
AM peak hour trips and 15 PM peak hour trips. When these trips are added
to the existing traffic volumes on Sycamore Avenue there is a negligible
change in the level of traffic service on the roadway. The volumes from the
project were also added to the Sycamore Avenue/Newport Avenue
intersection volumes and the Intersection Capacity Utilization (ICU) was
reviewed for possible impacts. The result was a negligible change in the ICU
numbers. In conclusion, the added trips attributable to the proposed project
will not result in a decrease in traffic levels of service to Sycamore Avenue or
the intersection of Newport Avenue/Sycamore Avenue.
Section E of Exhibit A of Resolution No, 3783
Comments and Responses
GPA 99-002, ZC 99-003, CUP 99-007, and DR 99-006
Page 4 of 4
The property is currently zoned R-4 which would allow for a twenty-five (25)
unit apartment to be built on the site. The trip generation for a twenty-five
(25) unit apartment equates to 166 weekday trips with 13 AM peak hour trips
and 16 PM peak hour trips. Compared to the proposed senior housing
project, the weekday trip generation for a twenty-five (25) unit apartment is
less, however, the peak hour trips are higher. For traffic 'analysis purposes,
peak hour traffics are the essential information in determining if a project
would have a traffic problem. In summary, compared to the use which would
be allowed under the existing zoning, the proposed senior housing project
would create less peak hour trips.
Based on the above information, pursuant to the CEQA guidelines, and
mitigation measures that have been made as a condition of approval, an
Environmental Impact Report is not required.
Source: Doug Anderson, City of Tustin Engineering Division.
S.',CDD;JUST!NA'.cu'."ent 'qann:ngLASL Comments ant Responses.doc
.~FFIDAV-IT OF PUBLICATION PROOF OF PUBLICATION
This ~a~ ;z fo.- the Coun~ C~?~ Pfiin'g. -Stamp-
STATE OF CALIFOR.NL4, )
)ss.
CounW of Ora,uSe )
I am a ci~zen of .-,he Uni. tcd States and a r~sident !..:"?' C.,: f'?' Ci..~:.,.~'~ :: .:~ '.:.. ~:'/- ~','.' .::
of the Oo,.mty aforesaid; I am over th~. age of .~oofo~'Publi.~n. of
eighteen years: and not a party to or ink,rested
~ the abovv entitled ma~er, i am ~e principal
clerk of The Tus~n News, a newspaper that
has been adjudged to bsa ne~,spapsr of_~.~neral
;~rculation by the Superior Court of th~ Count.'
of O~an8e, S~.~t~. of Oal~forni% on Au~m~t 24,
~928, Oase No. A-601 Lu aud for the City o£
Tustir~. County of Orange, Szzte of' Ca'.'.ifonYa;
that the notice, of'~;nic, h the out,xed is a
printed cop:;, has been published in each regular
and entire issue of said newspaper and not in an),
supplement ~ereof on the fo]]o~'ing dates, to
~t:
April 19, 2001
"I certify (or dealare) under the pe.ml~ of
p~ury, under the laws of th~ S~-te of California
tha*. the foregoing .;s true and eot:cci":
Executed at Santa .~,na, Or,ge Count?;
Caiifo.mia, on
Date: April 19, 2001
The Tu~tin New~
625 N. Grand ~ve.
Santa Aha, CA
(714) 796-7000 err. 3002
I II II ·
~E~ Est~ated Lo~tion of
ASSOC~S, ~C. Jo~ Wayne Ai~o~ Noise Como~s, 2000
JOHN WAYNE AIRPORT
2000 ANNUAL 60, 65, 70 and 75
CNEL NOISE CONTOURS
Leonard "Mark" Markwitz R E (~ E t ~t E D
14761 Del Arno Ave.
Tustin, Calif, 92780 ~/~Y 0 9 tO0!
(714) 544-8584 O0~UN]~DEW_LO?;tt~?
mnarkl~paebeli, net
May 7, 2001
Ms. Justina Willkom
Community Development Dept.
300 Centennial Way
Tustirh CA 92780
Ms. WiIlkorn,
I am concerned that there is not an EmSronmental Impact Report contemplated for the
Conditional Use Permit 99-007 Design Review 99-006 General Plan Amendment 99-002 and
Zone Change 99-003.
Let me ask why the nearby affected homes were not provided information earlier regarding this
project. I received the Office Notice of Public Hearing flyer on Saturday May 5' showing a
mailing date of May 4*. Within the flyer, it is stated that a review period was slated for April 19
through May 8t~. In that our mail delivery service is received between the hours of five to five
thirty in the evening there was nothing that could be done until Monday the 7* at the earliest thus
giving us just one day for the review. Why was this flyer delayed in its mailing? Was it so that
people would not bother to look into this matter and thus it could fly through without any outside
comments?
My concern for this project falls into two categories. First, noise via the echo affect, and second,
the traffic.
As a matter of history, let me state that I have lived in the above listed address since the home
was built in 1962. At that time ali the adjacent properties were orange groves. John Wayne
Airport had reciprocating aircraft etc, at some time after we moved into this home; we did
receive a flyer infomh~ us that the lot, which was located directly behind our home, was
scheduled to receive a two-story building. This, at that time, did not alarm us since we had some
two-story homes erected directly to the south of our residence. However, unbeknown to us, this
two-story structure was actually built on top of a garage. This two-story structure is, for all
practical purposed, a three-story structure. This information was not provided to us; thus my
concern for this new project.
As time will have it, John Wayne traffic increased and along v,.Sth that the jet aircraft
became into play which after still further growth,, we are currently forced to live with the
landing approach to Jolm Wayne being designated directly over the Costa Mesa freeway
(55). Air traffic should fly directly over the freeway - which they, at times, do not.
Aircraft are riving over my home, or close to my home many times during the time
allotted for their landings.
With the current flight path to $ohu Wayne Airport, and when the aircrai~ are near, or at
times directly over my home, those aircrai~ are ready for landing with their landing gear
down and flaps extended. These aircrai~ are noisy believe me.
With this background, I would now like to introduce the "echo affect" which I have had
to endure since the construction of the three=story structure directly behind my residence.
Every time an aircrai~ sways from its assigned flight path and wanders near of over my
home the noise has an "echo affect" caused by the tall structure behind me.
It is with this concern that I would like to have an Environmental Impact Report made.
This report should encompass a reading of the decibel noise prior to construction of this
project and again at, er it is completed. I feel that a dec,el reael~ng should be taken to
show what will happen and what could happen to the three story structures with the
"echoes affect" between the bmqdlngs.
Traffic - Ex-Councilman Ports, during is first election advocated that he would undertake
the extension of Newport Blvd. to include the on and offramp of the Costa Mesa Freev~ay
(55). Mr. Ports was the elected Mayor of Tustin twice and was re-elected many times but
to this date, no extension has constructed. This has been shelved from year to year. It is
currently scheduled to start, prior to it being postponed again,, next year 2002.
Traffic on Sycamore has had to endure the vehicular traffic for three schools, which are
located on Sycamore. Normal traffic coming off the Costa Mesa Freeway, plus traffic
from Tustin Meadows, utilizes Sycamore to gain access to the freeway. On rainy days,
when the schools are in session, u'affic is terrible with parents attempting to pick up their
children bom the schools. There are not enough parking spaces to do this. This has caused
the parents to double park and thus stopping traffic.
Parked automobiles on Sycamore restrict traffic both ways so that a vehicle making a lei~
turn would stop ail traffic behind it. This traffic will certainly increase ,zdth this n~v
contemplated project. The vehicular traffic on Sycamore would come to a crawl
It is therefore requested that a thorough Environmemal Impact Report be made for the noise and
also for the traffic that this project would provide. It is also advised that this project should be
looked at for a possible other location since the structure would require ceiling and wall
insulation plus double pane windows for the noise factor which is not the ideal situation for the
age bracket of individuals who are being comemplated as residence for this project.
Respectfully,
· · · · · · ·
· · · ·
· · · · ·
ATTACHMENT C O'F
CITY COUNCIL .REPORT
Resolution No. 01-58
and
Exhibit A (General Plan Land Use Designation)
RESOLUTION NO. 01-58
: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN APPROVING GENERAL PLAN AMENDMENT 99-
· * 002 AMENDING THE GENERAL PLAN LAND USE
DESIGNATION FROM PUBLIC/INSTITUTIONAL TO HIGH
' DENSITY RESIDENTIAL ON A 1.82 ACRE VACANT LOT
,~ LOCATED AT 1101 SYCAMORE AVENUE.
(~ The City Council does hereby resolve as follows:
- I. The City Council finds and determines as follows:
,* A. That a proper application has been filed for General Plan
Amendment 99-002 to amend the General Plan Land Use
~) Designation of a 1.82 acre vacant parcel located at 1101
Sycamore Avenue from Public/Institutional to High Density
,o Residential.
] B. That on May 14, 2001 the Planning Commission
: recommended that the City Council approve the General Plan
Amendment 99-002 to amend the General Plan Land Use
,, Designation from Public/Institutional to High Density
Residential.
:4
C. That a public hearing was duly called, noticed, and held on
~ said application on May 21,2001, by the City Council.
~, D. That General Plan Amendment 99-002 is consistent with and
implements the following land use policies of the General
Plan:
Land Use Policies:
1) Policy 1.1: Preserve the Iow-density quality of Tustin's
:':' existing single-family neighborhoods while permitting
_,,. compatible multi-family development to meet regional
housing needs where best suited from the standpoint
:; of current development, accessibility, transportation
and public facilities.
:4 2) Policy 1.5: Encourage compatible and complementary
infill of previously by-passed parcels in areas already
:'~ predominantly developed.
3) Policy 2.2: Maintain consistency between the Land Use
:: Element, Zoning Ordinances, and other City
_,.~ ordinances, regulations and standards.
Resolution No. 01-58
Page 2
Housing Goals and Policies:
1) Goal 1: Provide an adequate supply of housing to meet
:~ the City's need for a variety of housing types to meet
~ the diverse socio-economic needs of all community
residents."
5
2) Policy 1.1: Promote the construction of additional
~' dwelling units to accommodate Tustin's share of
: regional housing needs identified by Southern
California Association of Governments (SCAG), in
~ accordance with adopted land use policies.
~ 3) Policy 1.12: Encourage incentives to assist in the
~0 development of affordable housing such as 1) reducing
permit processing time and waiving or reducing
~ applicable permit fees; 2) on-site density bonuses
~,_, when appropriate; 3) tax-exempt financing; and 4)
flexibility in zoning or development standards.
4) Policy 1.19: Develop incentives to encourage non-
profit and other for-profit private sector interests to use
available federal and state program for new or
rehabilitated affordable housing.
E. That the proposed amendment is in the best interest of the
'- public and ensure consistency between the General Plan and
the Zoning Ordinance.
I$
~,~ F. A Final Negative Declaration has been adopted for this
project in accordance with the provisions of the California
;~, Environmental Quality Act (CEQA).
_,~ II. The City Council hereby approves General Plan Amendment 99-002,
amending the General Plan Land Use Designation of the subject
.,,_-. property from "Public/Institutional" to "High Density Residential," as
identified in Exhibit A attached hereto.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a
regular meeting on the 21st day of May, 2001.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER
_,,) City Clerk
Resolution No. 01-58
Page 3
.., STATE OF CALIFORNIA )
COUNTY OF ORANGE )
.~ CITY OF TUSTIN )
~ STATE OF CALIFORNIA )
COUNTY OF ORANGE )
~' CITY OF TUSTIN )
?
CERTIFICATION FOR RESOLUTION NO. 01-58
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the
City of Tustin, California, do hereby certify that the whole number of the
members of the City Council of the City of Tustin is five; that the above
foregoing Resolution No. 01-58 was duly passed and adopted at a regular
meeting of the Tustin City Council, held on the 21st day of May, 2001.
I.~
:.;'.
~ PAMELA STOKER
City Clerk
J(:
i-
22
2-J,
'2~)
Exhibit A
of
Resolution No. 01-58
GENERAl. PLAN AMENDMENT 99-002
I .:
14~5~ ~]~ '1
I Public/ L
,,~,, Public/
Institutional -'~ i ~*~ Institutional
14~92
YOUD~
~ i '~ ?~ . High.. Densi~. Residential : High
~ I
From To
' Publie~nstitufional Itigh Densi~ Residential
ATTACHMENT D OF
CITY COUNCIL REPORT
ORDINANCE NO. '1239
AND
Exhibit A (Zoning Designation)
ORDINANCE NO. 1239
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, APPROVING ZONE CHANGE
99-003, AMENDING THE ZONING DESIGNATION
ON A 1.82 ACRES VACANT LOT LOCATED AT
1101 SYCAMORE AVENUE FROM SUBURBAN
RESIDENTIAL (R-4) DISTRICT TO MULTIPLE
FAMILY RESIDENTIAL (R-3) DISTRICT.
The City Council does hereby resolve as follows:
Section 1. FINDINGS
A. That a proper application was filed for Zone Change 99-003 to
amend the zoning designation of the properly located at 1101
Sycamore Avenue from Suburban Residential (R-4) District to
Multiple Family Residential (R-3) District.
B. That on May 14, 2001, the Planning Commission
recommended that the City Council approve Zone Change 99-
003 to amend the zoning designation of the property located at
1101 Sycamore Avenue from Suburban Residential (R-4)
District to Multiple Family Residential (R-3) District.
C. That a public hearing was duly called, noticed and held on said
application on May 21, 2001, by the City Council.
D. That the proposed Zone Change 99-003 is consistent with the
policies of the General Plan and that the zone change under
the circumstances of this case, will not be detrimental to the
health, safety, morals, comfort, or general welfare of the
persons residing or working in the neighborhood of the project
site, nor will it be injurious or detrimental to the property and
improvements in the neighborhood of the subject property, or
to the general welfare of the City of Tustin, as evidenced by the
following findings:
(a) The proposed zone change from Suburban Residential
(R-4) District to Multiple Family Residential (R-3) District
is consistent with the General Plan Amendment 99-002.
(b) Amending the existing zoning to the High Density
Residential zoning designation provides an opportunity
to create additional affordable housing units to
accommodate Tustin's share of regional housing needs
identified by Southern California Association
Government (SCAG).
(c) The Multiple Family Residential (R-3) zoning district is
Ordinance No. 1239
Page 2
compatible with the residential character of adjacent
high density residential uses to the East and South of
the property.
E. A Negative Declaration has been adopted for this project in
accordance with the provisions of the California Environmental
Quality Act (CEQA).
Section2. The City Council hereby approves Zone Change 99-003
amending the Zoning Map in accordance with Exhibit A, attached hereto.
Section 3. SEVERABILITY
All of the provisions of this ordinance shall be construed together to
accomplish the purpose of these regulations. If any provision of this part
is held by a court to be invalid or unconstitutional, such invalidity or
unconstitutionality shall apply only to the particular facts, or if a provision
is declared to be invalid or unconstitutional as applied to all facts, all of
the remaining provisions of this ordinance shall continue to be fully
effective.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a
regular meeting on the day of ,2001.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER
City Clerk
Exhibit A
of
Ordinance No. 1.239
ZONE CHANGE 99-003