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Home My WebLink About09-27-99 PC PACKET I 1 AGENDA TUSTIN PLANNING COMMISSION REGULAR MEETING SEPTEMBER 27, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE`OF ALLEGIANCE: Commissioner Kawashima ROLL CALL: Chairperson Kozak, Bell, Davert, Kawashima and Pontious PUBLIC CONCERNS: (Limited'to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO. action can- be taken off-agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE -OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE 'STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. IF YOU REQUIRE SPECIAL ACCOMMODATIONS,-PLEASE CONTACT THE PLANNING COMMISSION SECRETARY AT . (714}573-3106. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE- NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR'TO THE TIME OF THE VOTING ON THE 'MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE, DISCUSSED AND/OR REMOVED 'FROM THE CONSENT CALENDAR , FOR SEPARATE Fes-" ACTION.) r Planning Commission Agenda September 27, 1999 Page 2 CONSENT CALENDAR: 1. Minutes of the September 13 1999 Planning Commission Meetin . PUBLIC HEARINGS: 2. ZONE CHANGE 98-006 AND DESIGN REVIEW.98-036 a request to change the zoning designation from Residential Single Family — Garden Office to Garden Office within the Newport Warren Planned Community on a .72 — acre site and authorization to construct a 4,770 square foot one-story medicalldental office building and a 2,726 square foot one-story medical/dental office' building. The project is located at 12569 Newport Avenue with the Planned Community zoning district. APPLICANT: DENNIS CLAUS WESTGATE PROPERTIES PROPERTY OWNER: DENNIS CLAUS WESTGATE PROPERTIES u RECOMMENDATION • 1. Adopt Resolution No. 3690 recommending approval of the environmental documentatign for the project. 2. Adopt Resolution No. 3691 recommending that the City Council approve Zone Change 98-006. 3. Adopt Resolution No. 3692 recommending approval of Design Review 98-036. Presentation: Lori Ludi, Associate Planner 3. Draft Ordinance No. 1222 - Density Bonus Ordinance — This Density Bonus Ordinance is intended to provide incentives for the prodOction of housing for very low, lower income or senior households in accordance with Sections 65915 and 65917 of the California Government Code. In enacting this .ordinance, it is-the intent of the City of Tustin to facilitate the development of affordable housing and to implement the goals, objectives and policies of the City's Housing Element. The Planning Commission may modify the proposed draft ordinance as a result of the public hearing. RECOMMENDATION That the Planning Commission: Planning Commission Agenda E September 27, 1999 Page 3 1. Adopt Resolution No. 3675 recommending that the City Council adopt the final Negative. Declaration as required by the •California Environmental Quality Act; and, 2. Adopt Resolution No. 3693 recommending that the' City Council adopt the,proposed Density Bonus Ordinance. 'Presentation:Justina Willkom, Associate Planner REGULAR BUSINESS No Regular Business. STAFF CONCERNS: 4. Report on Actions taken at the September 20 1999 City Council Meetings Presentation: Elizabeth A. Binsack, Director of Community Development COMMISSION CONCERNS: ADJOURNMENT: A regular meeting of the Planning Commission will be held on October 11, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. i ITEM #1 MINUTES TUSTIN PLANNING COMMISSION .REGULAR MEETING SEPTEMBER 13, 1999 CALL TO ORDER: 7:00 p.m., City Council Chambers PLEDGE OF ALLEGIANCE: Commissioner Bell ROLL CALL: Chairperson Kozak, Bell, Davert, Kawashima and Pontious Commissioners: Present: Chairperson-Kozak Vice Chair Davert Bell Pontious - Absent: Kawashima Staff- Elizabeth A. Binsack, Director of Community Development Lois Bobak, Deputy City Attorney Lori Ludi, Associate Planner Minoo Ashabi, Assistant Planner Douglas Anderson, Senior Project Manager-Traffic .Kathy Martin, Recording Secretary PUBLIC CONCERNS: - - - No Public Concerns were expressed. CONSENT CALENDAR: 1. Minutes of the August 23 1999 Planning Commission Meeting. Commissioner Pontious moved Commissioner Davert secondetl, to approve the minutes. Motion carried 4-0. • I t Planning Commission Minutes September 13, 1999 Page 2 PUBLIC HEARINGS: 2. Conditional Use Permit 99-018 and Design Review _99-029 a request to increase the enrollment and modify the hours of an existing preschool and install a temporary modular structure for preschool classroom use. The project is located at 2111 Bryan Avenue, and is addressed by a previously certified EIR (85-2) for the East Tustin Specific Plan. APPLICANTI: PROPERTY CONGREGATION B'NAI ISRAEL OWNERS: ATTN: SCOTT NATHAN, PRESIDENT Recommendation That the Planning Commission adopt Resolution No. 3689 approving Conditional Use Permit 99-018 and Design Review 99-029. The Public Hearing opened at 7:01 p.m. Lori Ludi presented the subject report. Commissioner Davert asked if staff received any feedback from the homeowner's association. Lori Ludi responded that staff did not receive any feedback from the homeowner's association but a copy of the staff report was sent to Doug Wride who spoke at previous hearings as a representative of the homeowners association. Mel Malkoff, applicant thanked staff and noted that Doug Wride contacted Karen Peterson indicating that the homeowners association had no opposition to the project. He stated they are in agreement with the conditions. The Public Hearing closed at 7:11 p.m. - - Commissioner Pontious commended the temple for their hard work in resolving their differences with the homeowners association. Commissioner Davert stated that the pre-school fills a need in the community and commended the temple for turning around their relationship with the homeowners association. - Commissioner Bell stated that, as a working mom, she understands the need for good, - childcare. . Planning Commission Minutes September 13, 1999 . Page 3 Commissioner Davert moved. Commissioner Pontious seconded, to adopt Resolution No. 3689 approving Conditional Use Permit 99-018 and Design Review 99-029. Motion carried 4-0. 3. Variance 99-003 a request to construct a five (5) foot high wrought iron fence within the front yard setback along Main Street and within the public right-of-way along California Street. APPLICANT: KENT SUTCLIFF PROPERTY OWNERS: PATRICIA AND ROBERT FERRERA Recommendation That the Planning Commission adopt Resolution No. 3688 approving Variance 99-003. Minoo Ashabi presented the subject report. The Public Hearing opened at 7:15 p.m. Kent Sutcliff, applicant, stated the need for the fence due to the increase in traffic and thanked the Planning Commission for their consideration. William Collins, 430 W. Main Street, stated his support for the variance and noted that the fence would be a welcome addition to the area. Lou Allard, 425 W. Main Street, stated his support for the variance and noted that traffic is increasing. The Public Hearing closed at 7:19 p.m. Commissioner Pontious noted that there is a lot of interest and concern in maintaining this part of Tustin and thanked staff for their findings. Commissioner Davert stated that he visited the site and noted that there is no useable yard area without the fence being installed and stated that approval of the variance would not set a precedent. Commissioner Bell stated that she visited the site and noted -her concern for the maintenance of the fence. i Planning Commission Minutes September 13, 1999 Page 4 s Chairperson Kozak noted that he visited the site and hopes that the improvement will spark additional interest in the area. Commissioner Davert noted that Condition 4.2 of the resolution addresses maintenance of the fence. Commissioner Davert moved Commissioner Bell seconded, to adopt Resolution No. 3688 approving Variance 99-003. Motion carried 4-0. STAFF CONCERNS: 4. Status Report Elizabeth A. Binsack presented the subject report. 5. Report on Actions taken at the Se tember 7 1999 City Council Meetings Elizabeth A. Binsack, Director of Community Development reported on the subject agenda. COMMISSION CONCERNS: Commissioner Pontious Noted that the new Bally's has a large sign on the roof of their building. The Director noted that the sign was an existing legal non-conforming sign but was more muted in color. She further noted that staff suggested the sign be removed but Bally's wished to use the sign. Chairperson Kozak Noted that the palm trees located next to the monopalm on Sixth Street appear to be dead. The-Director responded that staff would look into the matter. - Asked what the parking lot improvements behind the Washington Mutual building would support. The Director indicated that the parking lot was being improved for the medical building behind Washington Mutual. • Planning Commission Minutes September 13, 1999 Page 5 ADJOURNMENT: Commissioner Dayert moved. Commissioner Pontious seconded, to adjourn the meeting at 7:26 p.m. Motion carried 4-0. A regular meeting of the Planning Commission will be held on September 27, 1999 beginning at 7:00 p.m., City Council Chambers, 300 Centennial Way, Tustin. ITEM# 2Z' T Y epor-t to the �S•T� ,Planning Commission DATE: SEPTEMBER 27, 1999 SUBJECT: ZONE CHANGE 98-006 AND DESIGN REVIEW 98-036 APPLICANT: DENNIS CLAUS WESTGATE PROPERTIES 14751 PLAZA DRIVE,#B TUSTIN, CA 92780 , PROPERTY OWNER: DENNIS CLAUS WESTGATE PROPERTIES 14751 PLAZA DRIVE,#13 TUSTIN, CA 92780 LOCATION: 12569 NEWPORT AVENUE (APN#401-191-29,30131) ZONING: PLANNED COMMUNITY _ • ENVIRONMENTAL STATUS: A NEGATIVE -DECLARATION HAS BEEN PREPARED IN ACCORDANCE WITH .THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL-QUALITY ACT (CEQA) FOR THE PROPOSED DEVELOPMENT. REQUEST: ' 1. AUTHORIZATION TO. CHANGE THE ZONING DESIGNATION FROM "RESIDENTIAL SINGLE FAMEL'Y — GARDEN OFFICE" TO "GARDEN OFFICE" WITHIN THE NEWPORT WARREN PLANNED COMMUNITY ON A .72 — ACRE SITE; 2. AUTHORIZATION TO CONSTRUCT A 4,770 SQUARE FOOT ONE-STORY MED,ICALIDENTAL OFFICE BUILDING AND A, 2,726 SQUARE FOOT ONE-STORY MEDICALlDENTALOFFICE BUILDING. RECOMMENDATION 1. Adopt :Resolution No. 3690 recommending approval of ,'the .environmental • documentation for the project. r Planning Commission Report ZC 98-006 and DR 98-036 September 27, 1999 Page 2 2. Adopt Resolution No. 3691 recommending that the City Council approve Zone Change 98-006. 3. Adopt Resolution No. 3692 recommending approval of Design Review 98-036. BACKGROUND The applicant is proposing to amend the Newport Warren Planned Community District Regulations to change the Land Use Designation for 12569 Newport Avenue from "Residential Single Family—Garden Office" to "Garden Office" to accommodate medicalidental office uses. In conjunction with the Zone Change request, the applicant is requesting design review approval to permit the construction of a 4,777 square foot and a 2,726 square foot medical/dental office building and site improvements. The Newport Warren Planned Community regulations do not allow medidal/dental offices within the "Residential Single Family—Garden Office" district. The proposed Zone Change would modify the land use designation for the subject site from "Residential Single Family- Garden Office" (RSF-GO) to "Garden Office" (GO), which would allow the establishment and operation of medical and dental offices. Site and Surrounding Properties • The project site is comprised of three parcels, totaling 31,550 square feet, located on the west side of Newport Avenue between Warren and the northerly 'City limits (see Attachment A and Attachment B, Lots 1, 2, and 3). The parcels were previously developed with single family residences while ander Orange County's jurisdiction which were vacated and removed. The parcels were annexed to the City of Tustin in 1990 as part of an eight acre annexation known as the Newport-Warren annexation. These three parcels are currently vacant and are the last to be developed within the Newport Warren Planned Community District area. The uses-surrounding the site include multifamily residential and single-family residential to the east across Newport Avenue, commercial to the north, single family residences to the west, and a dental office to the south. DiscretionaryActions Zone Change 98-006 requires consideration and recommendation by the Planning Commission and approval by the City Council. Design Review 98-036 requires consideration by the Community Development Department. However, the Community -Development Department has referred the Design Review to the Planning Commission andCity Council for concurrent consideration (TCC Section 9272d). Planning Commission Report ZC 98-006 and DR 98-036 September 27, 1999 Page 3 DISCUSSION AND ANALYSIS The following discussion addresses the zone change, site plan, floor plan, traffic, parking and access, architecture, and landscaping. Zone Chanye Prior to consideration of the design review proposal to construct two medical/dental office buildings and related site improvements, it must be determined whether the proposed zone change is appropriate. The Newport Warren Planned Community Regulations include two land use classifications.The "Residential Single Family--Garden'Office" district permits the least intensive uses (primarily residential), but also includes general office uses subject to the approval of a conditional use permit. The "Garden Office" district permits more intensive uses and allows general office and medical/dental office uses as outright permitted uses. Existing designations are shown on Attachment B (Lots 1,2, and 3). If approved, the proposed Zone Change would change the zoning from "Residential Single Family—Garden Office"to "Garden Office". Both districts are the same as those previously established under county jurisdiction, prior to the area being annexed to the City. In November 1996, the zoning district of the parcel south of the project site was changed from 'Residential Single Family—Garden Office" to • "Garden Office" to allow for the construction of a dental .office. The subject site and the site to the south are adjacent to single family residences to the west. The 'Residential Single Family—Garden Office" was initially viewed as the most compatible zoning designation for the property. The fourteen (14) other parcels within the Newport Warren Planned Community are currently developed and zoned "Garden Office". The zone change would eliminate the "Residential Single Family—Garden Office" zoning designation from the Newport Warren Planned Community. Such a change would be more consistent with the zoning of the other parcels within this Planned Community and more compatible with the commercial and office uses along the west side of Newport Avenue. While office uses are conditionally permitted in the "Residential Single Family—Garden Office" district and permitted in the "Garden Office" district, the Newport Warren Planned Community regulations include development standards and design guidelines to ensure compatibility between proposed projects and the-existing community. In addition, the proposed zone change would be consistent with the.Land Use of the General Plan which designates the project site as Planned Community Commercial Business which provides for development of commercial and officeuses.. Planning Commission Report ZC 98-006 and DR 98-036 September 27, 1999 Page 4 Site Plan and Floor Plan Two out of the three lots which comprise the project site do not meet the minimum lot size for development in accordance with the Newport Warren development standards. The proposed development requires that these three lots be combined into one lot. A parcel map is required to combine these lots. Condition 1.4 of Resolution 3692 requires that the final parcel map, combining the lots, must be approved by the City Council _and recorded with the County prior to the issuance of building or grading permits. The proposal includes the construction of a 4,770 square foot and a 2,726 square foot medical/dental office building on the site on the west side of Newport Avenue, north of Warren Avenue. The larger of the two one-story buildings would be located on the largest parcel at the southerly portion of the site. The smaller building would be located on the northerly parcel with a parking lot and site access located between the two buildings. The two buildings would be located an average of 20 feet.from the front property line on NewportAvenue. The larger building is setback ten (10) feet from the west property line and ten (10) feet from the south property'line. The front entrances to the bluildings face into the parking lot located between the two structures. The smaller building is setback ten (10) feet from the north property line and ten (10) feet from the northwest property line. The proposed height and setbacks comply with'the applicable development standards (see Attachments C and • D - Site Plan and Floor Plans). Parkin4&Access The City's Traffic Engineer has reviewed the proposed project and traffic study and determined that the project would result in -an insignificant increase in traffic (see the Draft Negative Declaration - Exhibit A of Resolution No.. 3690). Access to the site is proposed from one 27 foot wide driveway located on Lot 3 on Newport Avenue and Vould be shared by both buildings. One off street-parking space for every 250 square feet is required for medical/dental uses in the first 4,000 square feet of each building. The excess 773 square feet above 4,000 square feet in the southerly building shall be parked as medical/dental (6:1000) or general office (1:250). If the excess square footage is parked as medical/dental, the total off-street spaces required is 32. If the excess is parked as general office, the total off-street spaces required is 31. The applicant has proposed a total of 31 parking spaces, of which two-(2) are disabled parking spaces and nine (9) are compact. Condition 4.1 requires that the pians be revised show that 773 square feet of the larger building be used as general office to accommodate the 31 parking spaces provided. To ensure that there are not any future parking problems associated with this project, Condition 4.3 is included requiring the applicant to provide a deed restriction to ensure the proposed distribution of medical/dental Planning Commission Report ZC 98-006 and DR 98-036 • September 27, 1999 Page 5 and general office. Condition 4.4 is included require that the applicant provide a revised parking analysis and implement any mitigation_ measures to eliminate potential future parking problems. Architecture The proposed architecture for the project is - designed to emulate the scale and appearance of a single family residence. The larger building has a maximum height of 18 feet and the majority of the smaller building has a height of 18 feet with a 20 foot and a 22 foot high tower elements. The taller tower element emphasizes the entry and the shorter tower is an architectural feature in the design of the'east and north elevations (see Attachment E - Elevations).The colors and materials also create a residential appearance for the two buildings. The exterior facades of the buildings is a combination of stucco and ledgestones placed in a random pattern, and pre-cast concrete features (i.e. quoines around the columns, window sills and ornamental keys above the windows)_ These materials will be continued on both the front elevations and the side elevations facing Newport Avenue. The roof material'is a flat concrete the made by Monier which is common for residential use. • The Newport Warren Planned Community Regulations strongly encourage the height of parking lot light fixtures to be limited to ten (10) feet in height, to be compatible with the areas residential character. Conditions 2.11.2 and 2.11.3 have been included in Resolution 3692 to limit the height of parking lot lighting to a maximum of ten (10)feet and confine light rays to the site. . Landscaping The Newport Warren Planned Community Regulations include specific development standards to ensure commercial development remains compatible with the existing surrounding residential uses. Generally, the proposed landscaping is in compliance with the development standard (see Attachment F — Landscape Plan). However, an eight (8) foot wide landscape buffer between the development and any adjacent residential uses and a minimum six (6) foot eight (8) inch high solid masonry wall to.be installed along the site boundaries to buffer the developmentfrom these residences has not been provided as provided as required by the development standards. The applicant has proposed a landscaped buffer along the rear property line which ranges in depth from two (2) feet to ten (10) feet wide. Condition 2.12.2 has been included requiring a minimum eight (8) foot wide landscape buffer. The eight (8) foot buffer could be provided by switching the location of the disabled parking space with the trash enclosure location. The applicant is not in agreement with the proposed solution. To deviate from this requirement a variance would be necessary. There is no physical Uniqueness of the property that would justify findings for a variance. Planning Commission Report ZC 98-006 and DR 98-036 September 27, 1999 Page 6 In addition, the shrubs and trees proposed for this buffer zone need to be evergreen and achieve a mature height between two (2) and six (6) feet. Condition 2.12.4 is included to replace the three liquidamber trees proposed along the west property line and on along the northeast property line be changed to an evergreen species. Other conditions have been included to ensure compliance with the development standards. Condition 2.9.10 requires that a six (6) foot eight (8) inch high wail be constructed'along the perimeter property line adjacent to the residential neighborhoods. Condition 2.12.3 requires that a three (3) foot landscaped berm be planted along the Newport Avenue frontage to sufficiently screen the view of the parking area from the public right-of-way. ENVIRONMENTAL DOCUMENTATION A draft Initial Study/Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) for the proposed development (see Exhibit A of Resolution No. 3690). The Initial Study/Negative Declaration discusses potential impact categories and includes mitigation. measures which have been included as Conditions of Approval in Resolution No. 3692. Lori A. Ludi- Karen Peterson Associate Planner Acting Senior Planner Attachments: A. Location Map B. Newport Warren PC Zoning Designation Map C Site Plan D. Floor Plan E. Elevations F. Landscaping Plan G. Resolution Nos. 3690, 3691, and 3692 s:pcWd r98-036.doc • LOCATION MAP IZ 14y a s it- ,• 14221 n �,.__� • } 1.231 � 14232 t� ,-Z 14251 Z 14252 f 264 %14262 /, 14271 Z 14272 12421 1:231 i4282 Q 14302 �. 142 S C,4 ° .638 1360Al r 14311 14,312 OCC- 7 Q C1 ELV 14361 } h Z 1362 143611- ELINICE PL ��'/ ti\ • a�o�/> ;°' 'q V) • p` '0' e '`> C 14371 m � ~ t✓� O ° �> S 2 14372 1437LLJ1 Q e f 1000'ti A� .°^ ob: l 4]92 tC m �CP •� 1031'? °h, • °} "Q 14102 14341 MANNING DR. 14392 �1581y p� o� •!'�o�, �� J tv 47 15612 viiCD 0 �i? y �1� �7 °4� 4422 , m 12s3,�, 0 1cJ 18531 Gl \._: h arO � o• °1�` . 14442 rz m to 12651 _ w ryr WARREN RV_ ` 4ti � 12c21 c%1 ra ell In / !� C3 mc �� rO 12687 • fit' : ``\ \ 'Q. , 01 • ' �'� 12711 c 12721 12741 ` •� ' /rte` NO SCALE PLA!",,INED COMMUNITY DEVELOPMENT Parcel Index Lot No. Assessor's Parcel No. 1 401-191-30 " 2 401-191--31 3 401-191-29 4 401-181-22 5 401-181-51 6 401-1S1-52 :%-:- 7 401-211-35 8 401-211-36 9 401-211-69 10 401-211-67 401-211-65 Q� 2 401-211-57 �_- 13 401-211-64 14 40i-211-59 15 401-211-53 16 AOI-23:1-21 `r 17 401-211-15 Tl s ` = LE GETN Residential Single Family-Garden Of ice .= Z; Garden Otl-tce GO GO -K r' 35 45 BAS' DISTRICT K'cna Str.el GO 4_5 NOT TO SCALE . ATTACHMENT C "Site Plan" R' . � » F I \( �|10 _ ip | � � • � a ` , : -- , . §! ;MTr /� , ip J _ .-- —� • - -- - i �� `!q | �: �� = �___�_ w- ! \ T WOOD GRu2WESTGAYEPTAT4AkeH , IEETs .mO_E-_a__INC. I/ ATTACHMENT "`Floor Plans" Proposed Building SUEFT TITLE Conceptual Floor Plan Sq.m FM.ge: 3704 S.R. Scale:1/4"=1'-0" "M N u.- _�9' IS'-B' - IZ'-S' _7IIJ b'.4• I7'-O- _�_•D• ,_5_ E%AM�2 EXAM 9 EXAM-4 E%AH-5 •EKIW4-6 ----------------- 4.1AFF E%I.M•1LAB �j ED CDT i STORAGE STORAGE \ vroger, ITOILET 12 '-6c - L � O 4 RP--TION 4 ` � Bv31NEG5 I . oFPIGE , Y q a 1 fff Conceptual Floor Plan , Square Footage - 2726 • � NO TH O � � • o T�u i 3 • 4 D G I I .E. •I u....�nv t �e 511lET TITLY Conceptual Roof Plan Scale:1181E=1'-0'I ' � STINT Nw�^I�i ! ATTACHMENT E "Elevations" r � N '-f1 j� 4 ey,• — u Street Side Elevation C Newport Avenue ¢< 3 ;fir�i• L`k wV 3.�t4�S{l•i��..�1/. tk Right Side Elevation • — G�u�'�i1 =rte Rear Elevation SIIEki'Milk Conceptual Elevations SCOW/ =,r_Urr SMLT 4UMULY i CA —�-; West Elevation East ( Newport Ave, 1 Elevation r �'I' � y� ( n� 1 a.�•Pr t•�. ;"�� r '� C,,'.. Chi' � i. —1.��ir�. `•(�•l .p � r• '•-��_�;�s a.�,5( r �." �,�.1 fix'^ 't, °'. .rte. y�" � i{� North Eleva tion South—Elevation - . Conceptual Eleva tio' ns �� s ATTACHMENT "Landscape Plan" NnaG LEGEND ti "N. ATTACHMENT G "Resolut!6n Nos. 3699, 3691, & 3692" • 1 z RESOLUTION NO. 3690 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY 4 OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY 5 COUNCIL , OF THE CITY OF TUSTIN FIND THE NEGATIVE DECLARATION ADEQUATE FOR ZONE CHANGE 98-006 AND 6 DESIGN REVIEW 98-036 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 7 s The Planning Commission of the City of Tustin does hereby resolve as follows: 9 i4 I. The Planning Commission finds and determines as follows: 11 ' A. That Zone Change 98-006 and Design Review 98-036 are considered "projects" pursuant to the terms of the California 12 Environmental Quality Act; and 13 B. A draft Negative Declaration has been prepared for this project and 14 has been distributed for public review from September 17, 1999 to i15 October 7, 1999. 16 C. Whereas, the Planning Commission of the City of Tustin has considered evidence presented by the Community Development 17 Director and other interested parties with respect to the subject 1s Negative Declaration. 19 D. The Planning Commission has evaluated the proposed draft Negative Declaration prior to recommending action on the project. 20 -- 21 11. A draft Negative Declaration,. attached hereto as Exhibit A, has been . completed in compliance with CEQA and state guidelines. The Planning 22 Commission has received and considered the information contained in the 23 Negative Declaration prior to recommending approval of the proposed project, and finds that it adequately discusses the environmental effects of 24 the proposed project. Further, the Planning Commission finds the project involves no potential- for any adverse effects, whether individually dr 25 cumulatively, on wildlife resources; and, therefore, recommends that the 26 City Council make a De Minimis Impact finding related to the California State Department Fish and Game Code Section 711.4- 27 2s 29 1 Resolution 3590 Page,2 1 . PASSED AND ADOPTED at -a regular meeting of the Tustin ;Planning • 2 Commission, held on the 27th day of September, 1999. 3 4 5 STEPHEN V. KOZAK 6 Chairperson 7 8 ELIZABETH A. BINSACK 9 Planning Commission Secretary 10 STATE OF,CALIFORNIA ) 12 COUNTY OF ORANGE ) 13 CITY OF TUSTIN } I4 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning 1s Commission Secretary of the City of Tustin, California; that Resolution No. 3690 16. was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of September, 1999. 17 18 I9 . 24 21 ELIZABETH A. BINSACK Planning Commission Secretary 22 23 24 - - - - - 25 26 27 28 29 '0 COMMUNITY DEVELOPMENT DEPARTMENT (�SR•1 300 Centennial Way, Tustin, CA 92780 (71 4) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Zone Change 98-006 & Design Review 98-036 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Lori Ludi Phone: (714) 573-3127 Project Location: 12569 Newport Avenue Project Sponsor's Name,and Address: Westgate Properties 14751 Plaza Drive#B Tustin, CA 92780 General Plan Designation: Planned Community-- Commercial Business Zoning Designation: Planned Community Project Description: A.change in the Newport Warren Planned Community Zoning Designation from Single Family Residential -- Garden Office to Garden Office. The project also includes the construction of a 4,770 square foot and a 2,726 square foot one-story medical/dental office building. Surrounding Uses: North: Commercial East: Residential - South: Commercial . West: Residential Other public agencies whose approval is required: Orange County Fire Authority E] City of Irvine Orange County Health Care Agency Q City of Santa Ana South Coast Air Quality Management L] 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 Noise Geological Problems F]Public Services Water FlUtilities and Service Systems Air Quality [Aesthetics Transportation & Circulation ❑Cultural Resources Biological Resources [Recreation F—JEnergy 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 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. 0 I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a"Potentially Significant Impact" or"Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are-imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE 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: Lori A. Ludi Title: Associate Planner 0 Date - 9-17-99 Elizabeth A. Binsack, Community Development Director A 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 projects like the one involved(e.g., the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors and general standards(e.g., the project will not expose sensitive receptors to pollutants,based on a project-:specific screening analysis). 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 thata particular physical impact may occur,then the checklist answers must indicate whether the impact is potentially significant,less than significant with mitigation,or less than significant. "Potentially Significant Impact"is appropriate if there is substantial evidence that an effect may be significant. If there are one or more"Potentially Significant Impact"entries when the determination is made, and 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 Iess 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 EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section I5063 (c) (3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For 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 Iist should be attached,and other sources used or individuals contacted should be cited in the discussion. S) 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. �) 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_ D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) A brief explanation is required for all answers except No Impact'answers that.are adequately supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g., the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors and general standards(e.g.,the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 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 Iead agency has determined that a particular physical impact may occur,then the checklist answers must indicate whether the impact is potentially significant,less than significant with mitigation,or less than significant. "Potentially Significant Impact"is appropriate if there is substantial evidence that an effect may be significant. If there are one or more"Potentially Significant Impact"entries when the determination is made,and 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 Iead 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 EIR, or other CEQA process, an effect been adequately analyzed in an earlier EIR or negative declaration.-Section 15063 (c)(3)(D). In this case, a discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuantto 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 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 impact to less than significance. EVALUATION OF ENVIRONMENTAL IMPACTS Less Than Siglfificant Potentially H-7th Less Than Significant Alitigation Significant I. AESTHETICS—Would the project: Impact Incorporalion Impact Ala 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 anew source of substantial light or glare which would adversely affect day or nighttime views in the area? [I. 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 aariculturc 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- °ricultural use? ❑ ❑ ❑ b) Conflict with existing zoning for agricultural use,or a Williamson Act contract? (� c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland,to non-agricultural use? ❑ -❑ ❑ 111. AIR QUALITY: Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? E] ® ❑ ❑ 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)? ❑ ❑ ❑ Expose sensitive receptors to substantial pollutant oncentrations? ❑ D E] e) Create objectionable odors affecting a substantial number of people? ❑ ❑ ❑ 1; I Less Than Significant Potentially H"ith Less Than Significant Mitigation Significant IV. BIOLOGICAL RESOURCES:- Would the project: Impact Incorporation Impact No ct 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 California Department of Fish and Game or U.S. Fish and Wildlife Service? ❑ ❑ 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 of Fish and Game or U-S.Fl5•l"I and Wildlife Service? ❑ ❑ c) Have a substantial adverse effect on federally protected . wetlands as defined by Section 404 of the Clean Water Act (including,but not limited to,marsh,vernal pool, coastal,etc.) through direct removal,filling,hydrological interruption,or other means? ❑ ❑ ❑ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? ❑ ❑ 21 e) Conflict with any local policies or ordinances protecting biological resources,such as a tree preservation policy or ordinance? ❑ ❑ f) Conflict with the provisions of an adopted Habitat Conservation Plan,Natural Community Conservation Plan,or other approved local,regional,or state habitat conservation plan? ❑ ❑ ❑ 23 V. CULTURAL RESOURCES:-Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in§ 15064.5? ❑ ❑ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? ❑ c) Directly or indirectly 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 Than Significant Potentially With Less Than Significant Alitigation Significant hnpact Incorporation Impact No Impact 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 known fault? Refer to Division of Mines and Geology Special Publication 42. ❑ ® ❑ ❑ ii) Strong seismic ground shaking? ❑ ® ❑ ❑ iii) Seismic-related ground failure, including liquefaction? ❑ ® ❑ ❑ iv) Landslides? ❑ EJ ❑ �I b) Result insubstantial soil erosion or the loss of topsoil?. ❑ ® ❑ ❑ c) Be located on a geologic unit or soil that is unstable,or that would become unstable as a result of the project,and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ❑ ❑ ❑ d) Be located on expansive soil,as defined in Table I8-1-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? ❑ ❑ ❑ ED c) Emit hazardous emissions or handle hazardous or acutely hazardous materials,substances,or waste within one-quarter mile of an existing or proposed school? ❑ _ ❑ ❑ El d) Be located on a site which is included on a Iist 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? D ❑ ❑ e) For a project Iocated within an airport land use plan or, where such a.pian has not been adopted,within two miles of a blit airport or public use airport,would the project result in safety hazard for people residing or 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? ❑ 0 Less Than Significant Potentially With Less Than Significant Mitigation Significant g) Impair implementation of or physically interfere with an Impact Incorporation Impact No ct adopted emergency response plan or emergency evacuation plan? ❑ ❑ ❑ h) Expose people or structures to a significant risk of loss, injury or death involving wiidland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ❑ ❑ ❑ VIII. HYDROLOGY AND WATER QUALITY: —Would the project: a) Violate any water quality standards or waste discharge requirements? ❑ ❑ ❑ 10 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local grouhdwater table level(e.g.,the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ❑ ❑ ❑ c) Substantially alter the existing drainage pattern of the site or area, including throuah the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? ❑ ❑ ❑ d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? ❑ ❑ ❑ e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems , or.provide substantial additional sources of polluted runoff? ❑ ❑ ❑ f) Otherwise substantially degrade water quality? ❑ ❑ g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ❑ h) Place within a 100-year flood hazard area structures. which would impede or redirect flood flows? ❑ i) Expose people or strucrures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? ❑ j) . Inundation by seiche,tsunami, or mudflow? ❑ ❑ Ia. LAND USE AND PLANNING—Would the project: a) -Physically divide an established community? El Less Than Significant Potentially With Less Than Significant Mitigation Significant b) Conflict with any applicablejand use plan,policy,or Impact Incorporation Impact So Impact re;ulation 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? ❑ ❑ ® ❑ c) Conflict with,any applicable habitat conservation plan or natural community conservation plan? ❑ ❑ ❑ X. MINERAL RESOURCES—Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ b) Result inthe loss of availability of locally-important mineral resource recovery site delineated on,a local general plan,specific plan or other land use plan? v ❑ ❑ ❑ 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 oise ordinance,or applicable standards of other agencies? ❑ ❑. • ❑ b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? [] ❑ ❑ c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the• project? ❑ ❑ ❑ d) A substantial temporary or periodic increase in ambient ,. noise levels in the project vicinity above levels existing without the project? ❑ ® ❑ ❑ e) For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the.project area to excessive noise levels? ❑ ❑ ❑ f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels?.. ❑ ❑ ❑ XILPOPULATION AND HOUSING—Would theproject: a) Induce substantial population growth in an area, either Oirectly,(for example,by proposing new homes and usinesses),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? ❑ ❑ ❑ i Less Than Significant Potentially Yllith Less Than Significant Mitigation Significant Impact Incorporation Impact No In 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,gin order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? [l ❑ ❑ 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 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.TRANS PORTATIONITRAFFIC—Would the project: . a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e_result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or congestion at intersections)? ❑ ® ❑ ❑ b) Exceed,either individually or cumulatively,a level of service standard established by the 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 safery 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? ❑ ❑ ❑ f) Result in inadequate parking capacity? ® ❑ n Less Than Signi cant Potentially With Less Than Significant Agitigation Significant Impact Incorporation , Impact No Impact �) Conflict with adopted policies,plans,or prograins 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 ReaionaI 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 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 to serve the project's projected demand,in addition to the provider's existing commitments? ❑ ❑ ❑ f) Be 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 de.-rade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self sustaining levels,,threaten to eliminate a plant or animal community,reduce the number-or restrict the range of a rare or endangered planfor animal or eliminate important examples of the major,periods of California history or ; prehistory? ❑ ❑ ; ❑ b) Does the project have impacts that are individually limited,but cumulatively considerable? ("Cumulatively considerable'means that the incremental effects of a project are considerable when-viewed in connection with the effects f past projects,the effects of other current projects,and the Offects;of probable future projects)?. ❑ ❑ ❑ i' C) Does the�project have environmental effects which will --- �r cause substantial adverse effects on human beings, either directly or indirectly? �� ❑ i�! ❑ ?� i; _ ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS ZONE CHANGE 98-006 & DESIGN REVIEW 987036 BACKGROUND The project site consists of three vacant parcels, totaling 31.»0 square feet, located at 1269 Newport Avenue, on the west side of Newport Avenue between Warren and the northerly City limits. The project site is Iocated within the Newport Warren Planned Community area, designated as Residential Single Family — Garden Office and is surrounded by developed residential and commercial uses. The proposed project involves a zone change of the subject property and the construction of two one-story medical/dental office buildings owned by Westgate Development. including the following: 1.) A change in the zoning designation of the Newport Warren Planned Community from Residential Single Family — .Garden Office to Garden Office. 2.) A 4,770 square foot one-story medical/dental office and a 2,726 square foot medical/dental office building. 3.) Construction of landscape planters, trash enclosure and paved surface for circulation and parking. 1. AESTHETICS Items a & b—No Impact: The project site is not located on a scenic highway nor does it affect a scenic vista. Items c & d—Less Than Significant with Mitigation Incorporation: The proposed project will establish two new medical/dental office buildings. The buildings have been designed to be residential in scale and appearance'. which complements the surrounding architectural styles of existing buildings within the Newport Warren Planned Community and adjacent residential uses. Over 33 percent of the site is proposed to be landscaping. Lighting on the'site is required to be directed on-site and the exterior lighting is limited to 10•feet in height to avoid glare on adjacent arterials and properties. With the implementation of mitigation measures and the conditions of approval, impacts related to aesthetics will be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: o Submit four (4) sets of plans depicting the exterior lighting •details and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures in the parking lot and landscape areas to the Community Development Department for review andapproval prior to the • issuance of a building.permit.Manufacturer's details of all lighting`fixtures and a lighting plan which identifies the location, type of fixture, and intensity of all exterior building mounted and free-standing lighting shall be provided. • A note shall be provided on the pIans-that"All parking areas shall-be illuminated with a minimum of one footcandle of light, and lighting shall not produce Iight or glare or have a negative impact on adjacent properties."Parking lot and wall , mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All light fixtures shall be architecturally compatible with the proposed structures. The exterior lighting shall,comply with the requirements within the City of Tustin Security Ordinance. • Exterior Iighting fixtures shall not exceed 10 feet in height. • Submit a complete detailed landscaping and irrigation plan for all landscaping areas consistent with adopted City of Tustin Landscaping and Irrigation Submittal Requirements and consistent with the plant selection list and regulations within the Newport Warren Planned Community District regulations. Sources: Project.Application Tustin Security Code i2. AGRICULTURAL RESOURCES Items a. b & c No Impact- The proposed project will be located on three vacant existing parcels within an area that is currently developed. No impacts will occur to any agricultural uses or farmland. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan 3. ATR QUALITY 'item b—Less Than Significant with Mitigation-Incorporation! Short and long- term emissions associated with grading and the construction of the proposed building -- - - and site amenities 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/Monitoring Required: a 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. i 12569 Newpori l Avenue-Initial Study Attachment A Page 2 of 10 Items a. c, d & e—No Impact: The relatively small magnitude of the i project and number of tripsgenerated does not have the capacity to create a net increase of any criteria pollutant, expose sensitive receptors to substantial pollutant concentrates, or create objectionable odors. The proposed project is estimated to generate approximately 271 average daily trips (ADT), of which 18 trips occur in the a.m. peak hour and 27 trips occur in the p.m. peak hour. A general office use of the same size would generate approximately 182 ADT, of which 24 trips would occur in the a.m. peak hour and 88 trips in the p.m. peak hour. As a result, the proposed project is estimated to generate fewer trips in the peak and 89 trips more trips overall than a General office use. With implementation of the above mitigation measures and conditions of approval that require the applicant to conduct grading activities in compliance with the City of Tustin Grading Manual and obtain all necessary approvals and permits from the SCAQMD and the City of Tustin, any potential impacts related to air quality will be reduced to a level of insignificance. 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 proposed project will establish two new medical/dental office buildings on three existing vacant parcels. The parcels are vacant and no wildlife or vegetation is.existing. No impacts will occur to endangered, threatened or rare species or habitats, locally designated species or natural communities, or wildlife dispersal or migration corridors. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Tustin General Plan 5. CULTURAL RESOURCES - Items a_ b. c & d—No Impact: The property is not located-in a historical district or any other special overlay district that pertains to ;cultural resources. No impacts to paleontological, archaeological, historical, religious resources, or disturbing of any human remains, will occur. Mitigation Measures/Monitoring Required: None Required Sources: ' Tustin General Plan 12569 Newport Avenue-lnirial Sru4, Auachmenr A Page 3 of 10 i 6. GEOLOGY & SOILS x Items a-i. a-ii' a-iii &b--Less Than Significant with Mitigation 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 Ievel of 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 frequent 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-of the Building Oficial and request for approval shall be submitted in«�riting prior to any approval. Items a6v). c. d & e—No Impact: The project site is not located within an area thatis subject to seiche, tsunami, volcanic hazards, landslides, or rriudflows, erosion, subsidence, or expansive soils. No unique'geological or physical features are present within the area. With implementation of a.condition of approtiaI 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. Sources: Tustin General Plan City of Tustin Grading Manual Uniform Building Code Project Application Field Evaluation 7. HAZARDS& HAZARDOUS MATERIALS Items a. b. c.'d. e .f.,e & h—No Impact: The proposed project will not create a significant hazard through the handling of'hazardous materials'- and will not - foreseeably .,involve the accidental release of hazardous materials• into the environment: The proposed project is more than a quarter of a mile of an existing or any proposed school sites. The project site is not Iocated within 'a'airport land use plan or within'two miles of a public or private airport.. The proposed project does not interfere with any evacuation plans or emergency response.plans. -the project site is . not within a wildland area, and would not expose individuals or,,, structures to the hazards of wildland fires. f - • - M69 Newpor I Avenue-Initial Study ' Attachment A �, Page 4 of 10 Mitigation Measures/Monitoring Required: None Required. Sources: Tustin General Plan Orange County Fire Authority Orange County Health Care Agency 8. HYDROLOGY &WATER QUALITY Items a. b. c, d. e_ f g. h_ i &j —No Impact: • The project does not violate water quality standards or waste discharge requirements. It will not expose people or property to water related hazards such as flooding and erosion and will not change the course or direction of waters movements or affect the quantity and quality of groundwaters. The impervious surface.of the project will drain into the existing storm drain system. Any water deposited into the sanitary sewer system for treatment shall be in compliance with the Orange County Sanitation District requirements. The project does not have the capacity to affect the direction of currents in surface waters or amount or quality of groundwaters, absorption rates, drainage patterns of surface runoff, or effect on the amount or quality of surface or groundwaters. Sources: Tustin General Plan City of Tustin Grading Manual Public Works Department Orange County Health Care Agency Project Application 9. LAND USE PLANNING Items a& c—No Impact: The proposed project is similar to and compatible with other commercial uses in the vicinity and is located on three parcels which will be combined into one parcel through the recordation of a parcel map. The project will not divide or disrupt the area. The proposed project is not anticipated to impact land use or planning. Item b—Less Than Siunificant Impact: The proposed project involves the construction of a medical/dental office building which is not a permitted use under -the existing zoning designation of Residential Single Family — Garden Office. Therefore the project includes a zone change from the existing designation of _ -Residential Single Family — Garden Office to Garden Office within--the Newport Warren Planned Community Regulations. Medical/dental office is a permitted use within the Garden Office designation of the Newport Warren Planned Community Regulations. The zoning of the project site would be consistent with the zoning designation of the property to the south and with the development on the west side of this area of Newport Avenue- , • 12569 Nexport Avenue-Initial Stud), - Attachment A Page 5 of 10 Mitigation Measures: The approval of the design review to construct the two one-story medical/dental office buildings is contingent upon approval by the City Council of Zone Change 98-006. Sources: Tustin General Plan Tustin Zoning Code Project Application Field Evaluation 10. MINERAL RESOURCES Items a & b—No Impact: There are no known mineral resources located on the three vacant parcels which constitute the project site. Therefore, the construction and operation of the facility Nvill not use nonrenewable resources in a wasteful or inefficient manner. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan 11. NOISE • _ Items c & d—Less Than Significant with Mitigation Incorporation: With respect to snort-term noise impacts associated with construction, all construction will be required to conform to the Noise Ordinance and work may only be performed during permitted hours of construction. As such, short term noise impacts will be mitigated to a level of insignificance. No significant increase in long term noise impacts associated with generation of vehicular traffic is anticipated. Operations of the facility will be required to conform to the Noise Ordinance. Lona-term operational noise will be reduced to a level of insignificance through compliance with the Noise Ordinance: With implementation of the above mitigation measures and conditions of approval, potential noise impacts would be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: 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 Building Official. ® Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official_ 72.69 Newport Avenue-Initial Stud}, Attachment A Page 6 of 10 • Any roof top equipment, including vents and exhausts shall comply with the City of Tustin Noise Ordinance. Items a, b. e & f—No Impact: The project site is not located within an airport land use plan or within two.miles of a public or private airport. Mitigation Measures/Monitoring Required: None Required. Sources: Tustin General Plan Noise Ordinance Project Application 12. POPULATION &HOUSING Items a. b & c—No Impact: The proposed project is located on a site that is currently surrounded by existing residential and commercial uses. The proposed project would not result in any direct increase in population nor induce substantial growth in the area. No impacts related to population or housing are anticipated. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Project Application Field Evaluation 13. PUBLIC SERVICES Item a—No Impact: The project site and surrounding commercial properties are currently subject to fire and police protection. No additional resources are required to maintain these'existing service levels. The proposed project will not-create additional services related to maintenance of public facilities, including roads. Mitigation Measures/Monitoring Required: None Required Sources: Tustin Police Department Orange County Fire Authority Tustin Public Works Department 14. RECREATION Items a &b—No Impact: The proposed construction of two medical/dental office buildings would not affect existing facilities nor create a demand for recreational facilities. 12569 Newport Avenue-Initial Study Attachment A Page 7 of]0 • Mitigation Measures/Monitoring Required: None Required Sources_: Tustin General Plan Project Application I5. TRANSPORTATION/TRAFFIC Item a —Less Than Significant Impact: The City's Trak Engineer has reviewed the proposed project analyzed the traffic study completed by the applicant's licensed Traffic Engineer and finds that the project will not result in a significant increase in traffic (see Exhibit B). The increase of 89 average daily trips (ADT) from general office compared to medical/dental office use, is minimal compared to the available capacity on Newport Avenue. Newport Avenue currently carries approximately 21,000 ADT. The existing capacity along this primary arterial highway is 37,000 ADT. Therefore, this project will not have a significant impact on the arterial circulation system in this area resulting from an increase in traffic. Mitigation Measures If, at any time in the future, the City is made aware and concurs that a traffic or parking problem exists at the subject site as a result of the proposed development, the Community Development Department and/or Public Works Department may require the property owner to submit a traffic and parking demand analysis, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be required to provide additional mitigation measures to be reviewed and approved by the Community Development Department and Public works Department. Items b. c d. e & g—No Impact: The Ievel of service shall not be impacted by the project. The project does not involve air traffic patterns or the creation of nein roads. Mitigation Measures/Monitoring Required: None Required Item f—Less Than Siggificant Impact: The off-street ,parking required for the medical/dental office use shall be provided for the project in accordance with the City Code. A condition of approval is incorporated into the project that requires off-street" parking for the medical/dental offices that is in compliance with the City Code. Mitigation Measures: The plans (site plan and floor plans) shall be revised accordingly to reflect the total off-street parking required by using the following ratios: i 12.569 Newport Avenue-Initial Study Attvchment A Page 8 of 10 I ��4, rT-'iYi yu- „f:;. Large Buildit7Q Medical/DentalOffice (first 4,000 sq.ft.of building) 4,000 1:250 16 General Office 773 1:250 4 Small Building 2,726 1:250 11 Medical/Dental Office Total 7499 31 • No more than 20 percent of the required off-street parking spaces shall be compact. • Prior to issuance of certificate of occupancy, the applicant shall prepare and record a deed restriction to ensure that the proposed distribution ofinedical/dental office and general office uses are not modified or that additional off-street parking is provided in the future if more intensive uses are proposed to occupy the building. A draft deed restriction agreement shall be submitted to the Community Development Department and City Attorney- for review prior to recordation. Evidence of recordation shall be provided to the Community Development Department prior to the issuance of building permits. The deed restriction shall not be removed without the written approval from the City. • If, at any time in the future, the City is made aware and concurs that a parking problem exists at the subject site as a -result of the proposed development, the Community Development Department and/or Public Works Department may require the property owner.to submit a parking demand analysis, at no expense to the City, within the time schedule stipulated by the City. If said study indicates that there is inadequate parking or a traffic problem, the property owner shall be required To provide additional mitigation measures to be reviewed and approved by the Community Development Deparnnent and Public works Department. Sources: Tustin General Plan Project Application Tustin Public Works/Traffic Engineer 16. UTILITIES & SERVICE SYSTEMS Items a_ b_ c_ d, e_ f& g—No Impact: The proposed facility will be connected to existing utilities and service systems in the area. No substantial alterations to any utilities will be required. Sources: Tustin Public Works Department Field Inspection 12.569 Neu pari Avenue-!nidal Studp Attachment A Page 9 y 10 Mitigation Measures/Monitoring'Required. None Required 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a. b & c—No Imoact:' The proposed project is the construction of two one-story medical/dental .office buildings. 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 problems, water quality, air quality, hazards and noise to a level of insignificance. -As such, the project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage 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. Sources: Project Application City,and Agency_Requirements _. 72569 Newport Avenue-lnitlal Stud}, Attachment A Page 10 of 10 EXHIBIT B "'Traffic.Study` i I LSA Associates,Inc. Fnairunmental Anal?-sis R E G E I V E.D Transportation Engineering • p Biolojr and 1l -'ands LSA ((�{ r �(J Habitat Restoration: ; `t ResotrrcrManagement Community and Land Planning Landscape Ardtitecurre `V�1f11111 Archaeology and Paleontology September 1, 1999 Mr.Hal Woods Prinriaals The Woods Group. Architects Rob Balen 3500-B W.Lake Center Drive Sheila Brady Santa Ana,CA 92704 Les Card David Clore Ross Dobcrrreen Steve Granholm Subject: Westgate Plaza-Traffic/Circulation Evaluation Ric-bard Harlachcr Roger Harris Dear Mr. Woods: _art Homrigbausen Larry 11 rnnings Laura La/lrr LSA Associates, Inc. (LSA) is pleased to submit this technical traffickirculation CaTolhw Lobell evaluation of the proposed Westgate Plaza project, Iocated at 12569 Newport Avenue Bill hlayrr in the City of Tustin. The project proposes two medical office buildings on the vacant Rob McCann site, consisting of 7,499 total square feet(4,773 sf and 2,726 sf). Jill O'Connor Anthony Perron Decorah Pracilio Based on trip generation rates from the Institute of Transportation Engineers (ITE), Rob Schonholtz Trip Generation Manual,6'edition(1997),the proposed project is estimated to gener- {lalrolmb.Sproul ate approximately 27I average daily trips (ADT), of which 18 trips occur in the a.m. Va,'d B z°la peak hour and 27 trips occur in the p.m.peak hour. A general office use of the same A s s o c i a r r s size would generate approximately 182 average daily trips, of which 24 trips would occur in the a.m. peak hour and 88 trips in the p.m. peak hour. As a result, the pro- LindaAbrrbom posed project is estimated to generate fewer trips in the peak hours than a general' James Baum office use. Connie Calica -- rung-rincrt Chung,1'h-D. lung- 1e Coit ng, The increase in ADT for the proposed medical office project versus general office is Sz6rnGan,Dow minimal compared to the available capacity on Newport Avenue. Newport Avenue Jack Easton currently carries approximately 21,000 ADT. The existing capacity along this primary Richard Erickson arterial highway is 37,500 ADT. Therefore,the increase of 89 ADT will not effect the Ar✓tn,Finrber level of service on this arterial. As such,this project will not have a significant impact Ha rFFrank Hsrh on insKellnon the arterial circulation.system in this area. _ Benson Lee Juditb H.Ahdarnur Access into the project site is proposed off of New Avenue via a full access drive- Salmna Nicholls 'way, The vacant site currently-has three driveway curb cuts-along Newport Avenue- Al.U.'Bill"O'Connell The project will consolidate these.access points' into one driveway and isolate the Amy 5kr- Cox-Cox L,nrtirr=,cj- ox circulation movements in and out of the site.. The proposed access driveway is located na opposite Windsor Lane, slightly offset. This offset, however, will not effect circula- • 911199<CP:\TW+G9341snedofrrec.ltr.wpd» I, - One Park Plaza,Suite 500 Telephone• 9W9 35,i-0666 Other offices located in Berkeley lr✓inr,'Crlilarrria 9261=5981 f=acsimile `+-t't 553-8076 P..Ricinmond•Riversidrand5aeramentn E-retail ir'mc.lsaGlsa-assuL cpm LSA Associates,Inc. tion movements into or out of Windsor Lane or the proposed project driveway. The offset is in the direction that would allow left turns in and out of both Windsor Lane and the proposed driveway. A modification to the striping along Newport Avenue will be required to permit northbound left turn movements into the project site. Thank you for the opportunity to submit this technical evaluation. If you have any questions, please call me at(949)553-0666. Sincerely, LSA ASSOCIATES,INC. Anthony Petros Principal 9/]/9?«P.XTWW301medofrjtx.ltr.wpd)) 2 E, 1 i . 2 RESOLUTION NO. 3691 3 A RESOLUTION OF THE PLANNING COMMISSION`OF THE CITY 4 OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL ; APPROVE ZONE CHANGE 98-006, AMENDING NEWPORT s. WARREN PLANNED COMMUNITY DISTRICT REGULATIONS TO CHANGE THE ZONING DESIGNATION OF THE PROPERTY 6 LOCATED AT 12569. NEWPORT AVENUE FROM RESIDENTIAL SINGLE FAMILY--GARDEN OFFICE TO GARDEN OFFICE. 7 8 The Planning Commission does hereby resolve as follows: 9 1. The Planning Commission finds and determines as follows: 10 A. That a propdr application was filed for Zone Change 98-006 to 11 amend the Newport Warren Planned Community District Regulations to change the zoning designation of the property located at 12569 12 Newport Avenue from Residential Single-Family Garden Office to Garden.Office. 13 , B. That a .public hearing was- duly called, noticed and held on said '4 application on September 27, '1 999;by the Planning Commission. IS C. That the proposed Zone Change 98-006 is consistent with the 16 policies of the General .Plan and that the zone under the circumstances of this- case, be detrimental to the health, safety, 17 morals, comfort, or general welfare of the persons residing or 18 working in the neighborhood of'the 'project site, nor be injurious or detrimental to the property and improvements in the neighborhood of 19 the subject property, or to,the general welfare of the City of Tustin, zo as evidenced by the following findings: 21 (a) The proposed zone change from "Residential Single Family— Garden Office" to "Garden Office" to allow for medical/dental 22 . office use is consistent with the Tustin General Plan in, that 23 the site is:located within the Community Commercial land use_ designation which provides for medical/dental office uses 24 25 (b) Amending the existing.zoning to the "Garden Office" zoning designation provides a ,larger, more logical and - cohesive 26 zoning, designation combined with the other lots within the Newport Warren Planned Community. 27 ss (c) The Garden Office zoning designation is corrfpatible with the _ commercial character of the Newport Warren . 'Planned • 29 Community and the 'Newport Warren Planned Community Regulations ensure compatibility with residential .uses. - - - �adjacent � 1 Resolution No.369.1 2 Page 2 . 3 4 (d) The zone change is compatible with the development of the adjacent parcel to the south and with the types of s developments on the west side of this area of Newport Avenue. 6 7 D. `A 'Negative Declaration has been prepared and recommended for adoption this project in accordance with the provisions of the B California Environmental Quality Act (CEQA). 9 II. The Planning. °Commission hereby ,recommends that the- City Council 10 approve Zone Change 98-006 amending the Newport Warren Planned Community Zoning Map;attached hereto as Exhibit A. I1 12 13 14, PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 27th day of September, 1999. STEPHEN V. KOZAK : 17 Chairperson 1B ELIZABETH A. BINSACK 19 Planning Commission Secretary 24 STATE OF CALIFORNIA ) COUNTY OF ORANGE } 21 CITY OF TUSTIN } 22 I, ELIZABETH A. BINSACK,the undersigned,hereby certify that I am the Planning 23 Commission Secretary of the-City'of Tustin, California; that Resolution No. 3691= ,was duly passed and adopted at a regular meeting of the Tustin_ Planning 24 Commission,held on the 27th_day of September, 1999. l 2s 26 ELIZABETH A. BINSACK 27 .Planning Commission Secretary 2B 29 • I PL_ -NINED CON41M UNI` Y DEVELOPM.ENT Parcel Inde. Lit No. Assessor's ]'arccl I'o 1 401-191-30 401-191-31 4d1-191-29 4 401-181-22 401-181-51 6 401-181-52 7 401-211-35 8 401-211-36 ►�. u 9 401-211-69 10 401-211-67 • '':`_ 11 401-211-65 c�•4\�0 ;;. 12 401-211-57 Alt �J 13 401-211-64 .:.::•- 14 401-211-59 401-211-53 r .,• 16 401-27.1_21 .-� MQ9, a 17 401-211-15 P � K TD LEGEN s ' • .�-5 Garden Office GO GO 35 - 45 / BASS D]S i R]CS wf-L slf*ei f G0 J tsr,'•at.:U:;1�'�lG1,'-t';.,tt+:!!T MOTTO SCALL :,NL7I�IT ; rage 20, 2 RESOLUTION NO. 3692 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN 4 RECOMMENDING APPROVAL OF DESIGN REVIEW 98-036 TO THE CITY COUNCIL FOR CONSTRUCTION OF TWO SINGLE-STORY MEDICALIDENTAL 5 OFFICE BUILDINGS ON THE PROPERTY LOCATED AT 12569 NEWPORT 6 AVENUE. ' The Planning Commission of the City of Tustin does hereby resolve as follows: s 1. The Planning Commission finds and determines as follows: 9 A. That a proper application for Design Review 98-036 was filed by Dennis 10 Claus of Westgate Properties requesting approval to construct two single- 11 story medical/dental office buildings at the property located at 12569 Newport Avenue. . 12 13 B. That said application was reviewed and considered by the Planning Commission on September 27, 1999. 14 C. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission 15 finds that the location, size, architectural features and general appearance • 16 of Design Review 98-036 will not- impair the orderly and harmonious development of the area, the present or future development therein, or the 17 occupancy as a whole. In making such findings, the Commission has 1s considered at least the following items: 19 1. Height, bulk and area of buildings. 20 2. Setbacks and site planning. - 21 3. Exterior materials and colors_ 22 23 4. Type and pitch of roofs. 5. -Size and spacing of windows, doors and other-openings. - 25 . 6. Towers, chimneys, roof structures, flagpoles, radio and television 26 antennae. 27 7. Landscaping, parking area design and traffic circulation. 28- 8. 'Location, height and standards of exterior illumination. z9 _ 9. Location and appearance of equipment located outside of an endlosed structure. - _ i • 1 Design Review 98-036 . Resolution No. 3692 2 September.27, 1999 3 Page 2 a 10. Location and method of refuse storage. 5 11. Physical relationship of proposed structures to existing*structures in 5 the neighborhood. 7 12. Appearance and design relationship of proposed structures to 8 existing structures and possible future structures in the neighborhood and public thoroughfares. 9 13. Proposed signage. 10 11 14. Development Guidelines and criteria as adopted by the City Council. 12 D_ That the project has been reviewed•for,compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications.of right- 13 of-way, to accommodate a four (4) foot wide sidewalk behind the drive aprons are necessary for compliance"with the requirements of ADA. Also, 14 the existing .five- '(5)' foot wide sidewalk along the frontage of this 15 development will require removal and construction of an eight- (8) foot, wide sidewalk. This construction.will require dedication of three-(3) feet of 36 additional right-of-way along the entire Newport Avenue frontage to meet current City standards and ADA requirements. 17 E. That the project has been reviewed for consistency with the Air Quality Sub- 18. Element of the City of Tustin'General Plan and has been determined to:be 19 consistent or has been- conditioned to.,be consistent with the Air Quality Sub-Element. 20 . . li. The- Planning Commission- hereby approves Design Review . 98=036 for 71 construction of two single-story medical/dental office buildings at the property 22 located at 12569 Newport Avenue, subject to the conditions contained in Exhibit A, attached hereto. J 23 24 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held onthe 27th day of September, 1999. 25 26 27 STEPHEN V. KOZAK. Chairperson 28 29 ELIZABETH A. BINSACK , Planning.Commission Secretary EXHI BIT A DESIGN REVIEW 98-036 CONDITIONS OF APPROVAL RESOLUTION NO. 3692 1.0 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date-stamped September 27, 1999, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director may also approve minor modifications to the . plans if such modifications are determined to be consistent with the approved pians. (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 Approval of Design Review 98-036 is contingent upon approval*by the City Council of Zone Change 98-006. (1) 1.4 A Tentative Parcel'Map and Final-Parcel Map shall be required to combine the three existing parcels into one parcel. No grading or building permits shall be issued until the Final Parcel Map is approved by the City Council and recorded with the County of Orange. • . (1) 1.5 Design Review and Conditional Use Permit approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit and substantial construction is underway. (1) 1.6 Amendments to_Design Review 98-036_may be considered and approved by the Planning Commission. (1) 1.7 The applicant and property owner shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY • (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES REQUIREMENTS .(7)_ PCICC.POLICY (3) UNIFORM BUILDING CODEIS '"" EXCEPTIONS (4) DESIGN REVIEW Exhibit A Design Review 98-436 Conditions of Approval Resolution No. 3692 Page 6 {1) 1.8 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities, arising out of the City's approval of the entitlement process for this project. (1) 1.9 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) 1.10 The applicant shall be responsible for costs associated with any necessary code enforcement action. 2.0 PLAN SUBMITTAL (3) 2.1 Indicate on the title sheet the applicable codes, City, state and federal laws . and regulations to include: ® 1997 uniform Building Code with California Amendments a 1997 Uniform Mechanical and Plumbing Codes with California Amendments a 1996 National Electrical Code with California Amendments • City of Tustin Grading and Security Ordinance • City of Tustin Landscaping and Irrigation Guidelines O City of Tustin Private Improvements Standards (3) 2.2' Submit seven (7) sets of building pians to the Building Division for review, and approval prior to the issuance of a building permit. Requirements of the Uniform Building Code (UBC) and state disabled access requirements shall be complied with as approved by the Building Official. All construction shall be in accordance with the 1997 UBC, applicable City Codes and the City's Security Code. No field changes`shall be made without corrections submitted to and approved by the Community Development Department. (3) 2.3 Submit seven (7) sets of excavating/grading plans and two preliminary soils reports to the Building Division for review and approval prior to the issuance of a grading permit_ (3) 2.4 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: Exhibit A Design Review 98-036. Conditions of Approval Resolution No. 3692 Page 6 • Final street elevations at key locations. • Final pad/finished floor elevations and key elevations for all site grading. All pad elevations to be a minimum of 1.0 foot above base flood elevation as defined by FEMA. All flood hazards of record. (3) 2.6 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) 2.6 The engineer of record must submit a letter of pad certification to the Building Division for review and approval prior to the issuance of a, building permit. (3) 2.7 A separate 24" x 36" street improvement plan, as prepared by a California s 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: ■ Curb and gutter; ■ Sidewalk, including curb ramps for the physically disabled; a Drive aprons; Signing/striping plan; ■ Domestic water facilities; ■ Sanitary sewer facilities; a Underground utility connections; and, In addition,'a 24" x 36' reproducible construction area traffic control plan,'-- as lan,as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (3) 2.8 Submit four (4) sets of on-site improvement plans including proposed drainage, vegetations, circulation, street sections, curbs, gutters, sidewalks, and storm drains to the Building Division for review and approval. Any improvements proposed shall comply with the City's on-site • Private Improvement Standards. • ExhibitA Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 7 2.9 Site Plan/Floor Plan (4) 2.9.9 The legal description submitted shall be placed on the site plan. This includes the description of portions of Lots 9 -and 10 of Tract, No. 1743 and a portion of Lot 17 of Sup. Map of the Vanderlip and Rowan Tract:- (4) 2.9.2 ' The location of any utility vents or other equipment shall be provided on a roof plan. (3) 2.9.3 Parking spaces.designed for use by persons with disabilities shall comply with California Title 24 regulations. Parking for disabled persons shall be provided with an :additional 5 foot loading area with, strip ing•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)' 2.9.4 The plans submitted into plan check shall indicate that restrooms shall be made accessible to persons with disabilities as per Title 24 requirements. (4) 2.9.5 All roof access shall be provided from the inside of the building. (4): 2.9.6 Six (6) inch continuous concrete curbing shall be used thr.Qugh the parking lot and adjacent to sidewalks, except where required to satisfy handicap access requirements. (4) 2.9.7 Installation of security hardware and locking devices shall -be - required pursuant to the Tustin City Code. (4) 2.9.8- To meet current Federal -Americans Disabilities Act -(ADA) - -- requirements and City standards, the existing five (5) foot wide sidewalk along the frontage of this development will require removal and construction of. an eight, .(8) foot wide sidewalk/parkway. This construction will require dedication of three (3) feet.of:additional right-of-way along the entire Newport Avenue frontage. O 4 • .2.9.90 . A 6'8" high masonry wall shall 'be constructed along the project site boundaries adjacent to residentialproperties. ExhibitA • Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 8 2.10 Elevations (4) 2.10.1 Elevations shall be provided which• include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. Details shall also be provided for the proposed windows and doors. Roofing shall be class "B" or better quality. (4) 2.10.2 The proposed trash bin 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 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 Great Western Reclamation. (3) 2.90.3 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 residence. 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. (4) 2.90.4 Provide exact details for exterior doors and window types on construction plans. (4) 2.10.5 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be considered as an element of the overall design of the project and _ shall either blend with the architectural design of the building--or be integrated into the landscape design._ A dense type of landscaping could be utilized for screening. (1) 2.10.6 All exterior colors and materials to- be used shall be subject to review and approval of the Community Development Department and shall be consistent with samples provided on the color boards. All exterior treatments shall be coordinated with regard to color, materials and detailing and clearly noted on-submitted construction plans and elevations. (4) 2.10.7 All exposed metal flashing or trim shall be painted-to match the building. Exhibit Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 9 {'[) 2.10.8 Exterior elevations of the building shall indicate any fixtures' or equipment to be located on the roof of the building and equipment heights. The building parapet shall be,an integral part of the building design, and shall screen all roof mounted equipment. All roof-mounted equipment and vents shall be a minimum of six inches below the top of the parapet. {4). 2.10.9 No exterior downspouts shall be permitted; all roof drainage shall utilize interior piping, but may have exterior outlets at base of building. (4) 2.90.10 Location of all utility meters, gutters, and any ground or building - mounted equipment shall be reviewed by the Community Development Department prior to issuance of building permits. All visible equipment shall be architecturally screened. All downspouts shall be designed so.as to be internalized within the structure. (4) 2.10.11 Roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (1,) 2.10.12 Any roof top equipment, .including vents and exhausts shall comply with the City of Tustin Noise Ordinance. 2.11 Lighting (4) 2.11.1 Submit four (4) sets of plans depicting the exterior lighting details and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures in the parking lot and landscape areas to the Community Development - Department for review and approval prior to the issuance of a building permit. Manufacturer's details of all lighting fixtures and a lighting plan which idenfifies the location, type of fixture, and intensity of all exterior building mounted and free-standing lighting shall be provided. (4) 2.11.2 A note shall be provided on the plans that estates "AIl parking areas shall be illuminated with a minimum of.one footcandle of light, and lighting shall not produce Iight or glare or have a negative impact on adjacent properties." Parking lot and wall mounted fixtures.shall be directed at a 90 degree angle directly toward the ground. All light fixtures shall be architecturally Exhibit A • Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 10 compatible with the proposed structures. The exterior lighting shall comply with the requirements within the City of Tustin Security Ordinance. (4) 2.11.3 Exterior lighting fixtures shall not exceed 10 feet in height. 2.12 Landscaping (1) 2.12.1 Submit a complete detailed landscaping and irrigation plan for all landscaping areas consistent with adopted City of Tustin Landscaping and • Irrigation Submittal Requirements and consistent with the plant'selection list and regulations within the Newport Warren Planned Community District regulations. r (1) 2.12.2 A minimum eight (8) foot wide landscape buffer shall be provided along the perimeter of the site adjacent to any residential properties. The landscaping within the eight (8) foot wide buffer shall be a variety of evergreen species. - (1) 2.92.3 Landscaping adjacent to Newport Avenue shall be designed to sufficiently screen the view of the parking area from the public - right-of-way. 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. The landscape berm adjacent to Newport Avenue shall be at least 3 feet high, but not more than 3 %Z feet high. Said plans shall substantially conform with the submitted landscape plans for the project date-stamped September 27, 1999, on file with the Community Development Department,or as modified hereto. {1} - 2.12.4 The-landscape plans shall be revised prior to-submittal to show -that the three (3) liquid amber trees proposed adjacentto the west property line and the one liquidamber tree proposed adjacent to the northeast property line shall be changed to an evergreen species_ (1} 2.12.6 The street trees shall be planted a minimum distance of ten (10) feet away from streetlights,fire hydrants and street openings. (1) 2.12.6 All Iandscaping shall be maintained in a healthy condition such 'that all plant materials are evenly cut, evenly.edged, free of bare or brown spots,free of debris,weeds or dead vegetation. ExhibitA Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 11 (1} 2.12.7 An irrigation plan shall be submitted depicting the installation of an automatic irrigation system. 2.13 S_ rgns (4) 2.13.1 Prior to issuance of a sign permit, three (3) sets of plans shall be, submitted to the Community Development Department depicting the site plan, location, elevations and details such as sizes, colors and materials of the proposed signage. The signs shall comply with the Newport Warren Planned Community sign regulations. Signs made of plastic, plexiglass or,similar materials should be avoided. (4) 2.13.2 The plans for the proposed signage shall include incidental signs such as entry, exit, project identification, addressing, disabled persons signs and directional signs shall be designed consistent with such signage used elsewhere in the Newport Warren • Planned Community District, subject.to review and approval by the Community Development and Public Works Departments. (4) 2.13.3 No sign component shall flash, blink or be otherwise animated. Such animation is strictly prohibited. 3.0 CONSTRUCTIONINOISE (1) 3.1 All construction operations including engine warm up,shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday and 9:00 a.m. until 5:00 p.m. Saturday unless the 'Building Official determines that said activity will be in substantial conformance with the Noise -Ordinance and the public health and safety will not be impaired subject to application being made at the time .the permit for the work is awarded or - during progress of the work unless other construction noise standards are subsequently adopted by the City Council in which case said new standards shall be complied with. (1) 3.2- Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. 2 3.3 All'construction activities shall comply with.the requirements of the City of Tustin-Grading Manual which requires frequent watering of the project site to control dust. Exhibit A , Design Review 98-036 .Conditions of Approval Resolution No. 3692 Page.12• (1) 3.4 -Note on final plans that a six-foot-high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted.along the-perimeter of the site for construction vehicles. 4.0 USE RESTRICTIONS (1) 4.1 The plans (site plan and floor plans) shall be revised accordingly to reflect the total off-street parking required by using the following,ratios. Large Building MedicaVdentaloffice (first4,000 sq.fi_of building) 4,000 1:250 16 General Office _ 773 1:250 4 Sma!!Buildin 2,726 1:250 1'[ Medicalidental office Total 7499 31 (1) 4.2 No more than-20 percent of the required off-street parking spaces shall be compact. . (1) 4.3 Prior to issuance of certificate of occupancy, the applicant shall prepare and record a deed restriction to ensure that the proposed distribution of medical/dental office and general office uses are not modified or that additional:off-Lstreet parking is provided in the.future if more intensive uses are proposed to occupy the building. A draft deed restriction agreement shall be submitted to theCommunity Development Department and City Attorney for review prior to recordation. Evidence of recordation shall be provided to the Community Development Department prior to the issuance of a certificate of occupancy. The deed restriction shall not be removed without the written approval from the City. "(1) 4.4 .If, at any in the•future,the City,is.made aware andicoicurs that a traffic or parking-problem exists at the subject-site as a result of the proposed development, the 'Community Development Department and/or Public Works Department may.require-the.property•owner to.submit a traffic and parking demand analysis, at no expense to the City, within"the time- -schedule stipulated by the °City_ If said study :indicates that there is Exhibit Design Review 98-036 Conditions of Approval Resolution No. 3692 Page '13 inadequate parking or a traffic problem, the property owner shall be required to implement mitigation measures to eliminate traffic or parking problems. 5.0 PUBLIC WORKS (1) 5.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood -control fight-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific locations by the City Engineer and other agencies. (1) 5.2 The applicant shall execute a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map. (3) 5.3 A surety/cash bond will be required to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. (3) 5.4 Both horizontal and vertical intersection sight lines will need to be checked per County of Orange Public Facilities and Resources Department Standard No. 1117 for all affected streets. The site lines need to be shown on the grading, plan and landscape plan. All landscaping within the limited use area will need to comply with County of Orange Public Facilities and Resources.Department Standard No. 1117. (3) 5.5 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. (3) 5.6 Current Federal Americans 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 prior to issuance of Certificate of Occupancy. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron ishall be ten,percent. This will require dedication. of additional right- of-way ight- of way to accommodate the sidewalk construction..A legal description and sketch of the dedication area, as prepared by a •Califomia Registered Civil Engineer and/or California Licensed Land Surveyor., shall be submitted to the Engineering Division for review- and-approval prior to issuance of -building permits. i Exhibit A Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 'I4 (3) 5.7 In addition to the normal full size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CADD) format. The standard file format is. AutoCAD Release 13 or 14 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (i.e., produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 14. Drawings created in AutoCAD Release 13 or Release 12 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be • submitted once all construction has been completed. The subdivision bonds will not be released until the "as built" CADD files have been submitted. 6.0 'FIRE DEPARTMENT (5) 6.1 Prior to the recordation.of any subdivision map and issuance of any building permits, the applicant shall 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. A fire hydrant shall be located within .. 150 feet of all exterior portions of any structure. (5) 6.2 Prior to the issuance'of any building permits, a note shall be placed on the plans stating that all structures to be built on the, lots shall be protected by an automatic fire sprinkler system, in a manner meeting the approval of the Fire Chief. (5) 6.3 Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief for street improvement plans with fire lanes shown. 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. h FXhibitA Design Review 98-036 Conditions of Approval Resolution No: 3692 Page 15 (5) 6.4 Prior to the issuance of the certificate of use and occupancy, the approved fire lane marking plan shall be installed. (5) 6.5 Prior to the issuance of any building permits, an Orange County Fire Authority Water Availability Form shall be-submitted to and approved by the Plan Review Section of the Orange County Fire Authority. If sufficient water to meet fire flow requirements is not available, an automatic fire. . extinguishing system shall be~ installed in each structure, in a manner meeting the approval of the Fire Chief. (5) 6.6 Prior to the issuance of any building permits on those lots determined applicable by the Fire Chief, pians for the automatic fire sprinkler system shall be submitted to and approved by the Fire Chief prior to installation. This system shall be operational prior to the issuance of a certificate of use and occupancy. • (5) 6.7 Prior to the issuance of any certificates of Use and occupancy, all fire hydrants shall have a "Blue Reflective Pavement Marker" indicating its location on the street or drive. per ,the Orange County Fire Authority Standard and approved by the Fire Chief. On private property these markers are to be maintained in good condition by the property owner. (5) 6.8 Street Markings: a. Prior to the issuance of any grading permits, the applicant shall submit and obtain approval from the Fire Chief- for * street improvement plans with fire lanes shown. 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 shallbe submitted to.and approved by the Fire Chief. �b. Prior to the issuance of the certificate of use and occupancy the approved fire lane marking plan shall be installed. Parking shall be prohibited in the fire lanes. (5) 6.9 Prior to the recordation of a subdivision map or issuance of a building permit, the applicant shall obtain approval of the Fire Chief for all fire • protection access easements and shall dedicate them to the City. The building permit shall contain conditions, which prohibit obstructions within the fire protection access easement The approval.-of the Fire Chief is required.for any-modifications such as speed bumps, control gates or other changes in within said easement Exh.ibitA Design Review 98-036 Conditions of Approval Resolution No. 3692 Page 16 (5) 6.10 Prior to the issuance of any grading or building permits the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary -sheet listing each hazard class, the total quantity of chemicals stored..per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. (5) 6.19 Prior to the issuance of any building permits,,the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. 5 6.12 Prior to the issuance of a building permit the applicant.shall submit plans for ( ) -the review and approval of the Fire Chief. The applicant shall include information on the plans required by the Fire Chief. Contact the Orange County Fire Authority Plans Review Section at (714) 744-0403 for the Fire Safety Site/Architectural Notes to be placed on the plans. 7.0 FEES (1) 7.9 Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: A. All applicable plan check and permit fees to the Community Development Department, based on the most current schedule,. as may be amended priorto permit issuance. - — - - B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current.' schedule. ExhibitA Design.Review 98-036 ' Conditions of Approval Resolution No. 3692 Page 17 C. New development fees to the Community Development Department in the amount of $.10 per square foot of floor area or as may be amended prior to permit issuance. D. Payment of the Orange County Sanitation District No. 7 Sewer Connection Fees at the. time a building permit is issued. The current fee is $472.00 per 1000 square feet of building area plus $10.00 per front foot of the parcel. E. School facilities fees to the Tustin Unified School District of $.31 per square foot of floor area, subject to any agreement reached and executed between the District and applicant. F. Water cdnnection fees to the City of Tustin. G. Major thoroughfare and bridge fees to the Tustin Public Works • Department in the amount of$3.03 per square foot of building area, or as may be amended prior to permit issuance. (b) 7.2 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 $38.00 (thirty eight 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.. • ITEM #3 !DATE: I n t e r- Go m SEPTEMBER 27,'1999 TO: PLANNING COMMISSION ' FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT DENSITY BONUS ORDINANCE RECOMMENDATION That the Planning Commission: 1. Adopt Resolution .No. 3675 recommending that the City. Council, adopt the final Negative Declaration as required by the California Environmental Quality Act; and, 2. Adopt Resolution No. 3693 recommending that the City Council adopt the Proposed Density Bonus,Ordinance. BACKGROUND • The'Ci received an application from.a developer who proposes to cons a ty pp p p p construct senior citizen apartment complex and has requested that the City grant a "density bonus", or more units than would 'otherwise be allowed by the Zoning Code and General Plan. The "Density Bonus" program is a State mandated program that requires cities grant at least 25 percent density bonus, when a developer agrees'to set aside units for affordable housing or senior housing. Currently, the.City does not have a density bonus ordinance. The purpose of the State Planning and Zoning Law (Government Code Section,65915) related to density bonus is to offer a land use based option to-increase the economic feasibility of affordable housing development. The law was amended in 1.989 requiring. that all local governments adopt implementing ordinances and establish procedures for processing such proposals. Prior to 1989, implementing ordinances were voluntary. In 1988, the City brought this subject to the City Council: At that time;.,the City Council voted not to adopt the ordinance since no formal proposal was pending. Although the State does not designate any agency to enforce the adoption of the density bonus statute, the statute is-subject to judicial enforcement pursuant to litigation initiated by an applicant or interested party. In :addition, density bonus implementation efforts may be subject.to review and comment-by .the Department as part of the; Housing 'Element update currently underWay. Density Bonus September 27, 1999 Page 2 of 5 DISCUSSION As required by State law, the_ .proposed Density Bonus Ordinance indludes mechanisms to facilitate the production of housing.for lower, very low-income and senior households. The proposed ordinance also implements the goals, objectives, and policies of the City of Tustin's Housing ,Element which state:. • Policy 1.2: Provide for new affordable housing opportunities through acquisition and rehabilitation. • Policy 1.9: Encourage the availability of.affordable housing for large, low income family. • Policy 1.12: Encourage incentives to assist in the 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; 4) flexibility in zoning or development standards. Proposed Density Bonus Ordinance Section 9121 of the proposed ordinance (Exhibit A of Resolution No.' 3675) would provide- for at least, a 25 percent density bonus and at. least one "Concession" or "Incentive" or provide other"Incentives of Equivalent Value"'when a developer agrees to provide the following number of rental.or for-sale "target units": _(1) At least 20 percent of the total units affordable, to Lower Income Households; or '(2) At least 10 percent of the. total units affordable to Very Low Income Households; or (3) 50 percent.of the total units for Senior Citizen housing. In the case of Condominium Conversion projects,. the proposed ordinance would provide for at least 25 .percent density bonus or other "Incentives of Equivalent Value" when a developer agrees to provide:" (1) At least.33 percent of the total units affordable to persons and families of Low or Moderate.Income; or (2) At .least 15 percent: of the total units affordable to ..Lower Income households; and (3) Agrees to.pay for the administrative costs incurred by the City. A "density bonus" would be defined as an increase of at least`25. .percent in the maximum residential density allowed by the Zoning Code., .A "Concession" or "Incentive"would include, but be not limited to, any of the following: • Density bonus of more than 25 percent; Density Bonus - September 27, 1999 Page 3 of 5 �. i • The reduction of development standards; • A modification of zoning code orarchitectural design requirements; • ,Allowing non-residential uses within the development; • Allowing the development in a non-residential zone; • Waived or deferred development fees; and/or; • Direct financial aid. "Incentives of Equal Value" would:be defined as incentives approved by the City Council based on the land cost per dwelling unit of development. The value is the difference in' the cost of the land with and without the density bonus. . Applicants or-developers receiving density bonuses and additional incentives would be required to enter into a Housing Incentive Agreement with the City in accordance with Section 9142 of'the'proposed ordinance. ,The agreement would ensure that the housing. , development project complies with the following: • Number of approved units and target units; 'Description of the target household income group; • Standards for determining affordable rent or affordable sales price; • Location, unit sizes; and number of bedrooms or target units; • Affordability restrictions for target units; • Schedule for completion and occupancy; . • Description,of the concession`or incentives or other Incentive.of Equivalent.being .provided by the City; and, • A description of remedies for breach of agreement. Case Study for Density Bonus Project To illustrate -how the ordinance .could be applied,'the following case study had been created: A developer wishes to construct a rental apartment complex on a 1.5-acre site that is zoned R-3 and designated by,the General Plan as "High Density Residential". The Zoning Code would provide for the develop ment'of a maximum of 25 units:per acre, or a total of 38 units. • Land Use Designation: High,Density Residential •' Zoning Designation: R4 , , , , • Permitted Density: 25 du/acre • Property Size: 1.5 acres Maximum Units at Permitted Density (25 units/a.cre x 1.5 acres): .38 units• Density Bonus a September 27, 1999 Page 4of5 The developer requests that the City grant a density bonus with. the agreement that some units would be set aside as affordable housing or "target units".. The following describes the method to determine the number of units.,allowed with a 25- percent density bonus and. the number of`target units required, to be set aside at affordable rents: LL , • TotaI Number of'Units with a Density Bonus (58 units x 25% density bonus = 47.5 units) 48,units • Affordable Units to Target Households [38* units x 20% (lower income units) = 7.6] 8 units `Density bonus units not included in,calculating 'Target units" With a 25 percent density.bonus, the applicant would be allowed to build:a maximum of 48 units of which 40 units could be rented at market rate and 8 units at affordable rents. An affordable rent for Lower Income households is defined as monthly .housing expenses, including an allowance for utilities, not to. exceed 60 percent-of the' area median income for Orange County adjusted for household size,multiplied by 30 percent and divided by 12 (Section 9112). In addition, the developer could request and receive,one or more incentives such as a reduction in development standards (i.e. number of required parking spaces, development fees waivers, or financial assistance). The developer would have to submif a development pro-forma which indicates substantial facts that the incentives are necessaryto make the housing development economically feasible. However, the City Council could'determine that an additional concession or incentive was not required-to provide for affordable housing (Section 9121.a) and decline a request for concessions or incentives. To -implement the density bonus and incenfive(s), 'the developer would 'be required to enter into a Housing Incentive Agreement with the City. Standard development requirements wouldinclude:_ • Target and non-target units,would be constructed concurrently unless otherwise provided for in the agreement; When a density bonus and incentive is granted, rental and for-sale target units world remain affordable for 30 years; • When no incentive is granted, rental and for-sale target units would remain affordable.for 10 years; • Target unit rents and sale prices would be determined by the definitions in ,the Density Bonus Ordinance unless otherwise overruled,by applicable governmental regulations; • The design and appearance of target units would be compatible with non-target units; J Density Bonus September 27, 1999 Page 5 of 5 • The development would comply with all requirements of the General Plan, Zoning Code, and applicable regulations unless otherwise exempted by the Housing Agreement; • Target units would be dispersed throughout the development or could be constructed at an alternative site if approved by the City Council. This agreement would be considered by the Planning Commission and a recommendation would be made to the City Council for final approval; Upon completion of the project, staff would continue to monitor the target units for compliance with the Housing Incentive Agreement. Environmental Review In accordance with the California Environmental Quality Act (CEQA), a Negative Declaration has been prepared for the adoption of this Ordinance (Exhibit A of Attachment A,.Resolution 3676). Based .on the initial study, no significant impacts are anticipated in conjunction with the adoption of this ordinance. Jus i a Willkom Karen Peterson Associate Planner Acting Senior Planner Attachments: A-- Resolution No. 3675 B — Resolution No. 3693 SACDDTCREPORTIdensity bonus 9-27.doc I. ATTACHMENT A RESOLUTION NO:3675 • 1 • - z RESOLUTION NO. 3 A RESOLUTION OF THE,PLANNING COMM1SSION'OF:THE CITY a. OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TUSTIN FIND THE NEGATIVE 5 DECLARATION ADEQUATE FOR THE ADOPTION OF THE 6 DENSITY BONUS ORDINANCE AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. 7 8 The Planning Commission of the City of Tustin does hereby resolve as follows: 9 ' I. The Planning Commission finds and determines as follows: to 1� A. That adoption of the Density Bonus Ordinance .is considered a °project" pursuant to the terms of the California Environmental 12 Quality Act; and 13 B. A draft Negative Declaration has been prepared for this project and 14 has been distributed for public review from September 17, 1999 to October 7, 1999. 15 16 C. Whereas, the Planning Commission of the City of Tustin has considered- evidence presented by the Community Development 17 Director- and. other- interested parties 'with respect to- the draft 18 Negative Declaration. 19 D. The Planning Commission has evaluated the draft Negative Declaration prior to recommending action on the project. '20 21- Il. A draft Negative Declaration, attached °hereto as Exhibit A, has been completed in compliance with CEQA and State.guidelines. The Planning 22 Commission has received and considered the information contained in the Negative Declaration prior to recommending approval of the proposed z3 project, and finds that it adequately discusses the environmental effects of 24 the proposed project. Further, the Planning Commission finds the project involves no potential for any adverse. effects, whether. individually or 25 cumulatively, on wildlife resources; and, -recommends that the City Council' 26 make ' a' 1De Minimis Impact finding related to the California State Department Fish and Game Code Section 711.4. 27 2s 29 • I I ' , Resolution 3675 Page 2 1 •z - PASSED -AND ADOPTED at a regular meeting of the Tustin Planning 3 Commission, held on the 27th day of September, 4999. 4 5 6 STEPHEN V. KOZAK , 7 Chairperson 8 9 ELIZABETH A. BINSACK 10 Planning Commission Secretary 1I 12' STATE OF CALIFORNIA } 13 COUNTY OF ORANGE } 14 CITY OF TUSTIN } Is • 16 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 3675 0 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of September, 4999. IS I9 20 21 22 ELIZABETH A. 'BINSACK Planning Commission Secretary 23 24 25 26- 27 6-27 . 2s 29 - r E EXHIBIT A OF RESOLUTION NO. 3675 INITIAL STUDY AND NEGATIVE DECLARATION I COMMUNITY DEVELOPMENT DEPARTME 300 Centennial,Way, Tustin, CA 92 (714) 573-3100 INITIAL STUDY. A. BACKGROUND Project Title: Density Bonus Ordinance t Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Justin Willkom Phone: (714) 573-3174 Project Location: Citywide Project Sponsor's Name and Address: NIA General Plan Designation: Residential land uses • Zoning Designation: ResidentialDistricts Project Description: Adoption of a density bonus ordinance in accordance with the State Density Bonus Law (Government Code Section 65915) Surrounding Uses: North: County of Orange East: County of Orange and City of Irvine South: City of Irvine West: City of Santa Ana Other public agencies whose approval is required: ❑ Orange County Fire Authority ❑ City of Irvine ❑ Orange County Health Care Agency ❑ City of Santa Ana ❑ 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. i ❑Land Use and PIanning [-]Hazards []Population and Housing ❑Noise ❑Geological Problems ❑Public Services ❑Water ❑Utilities and Service 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 an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. me ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a"Potentially Significant Impact" or"Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1)have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated . pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ❑ I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects 1)have been analyzed adequately in an earlier NEGATIVE 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. i Preparers4ft (6, Title Associate Planner Date 911019g Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions I A brief explanation'. x lanation is required for all answers except"No Impact"answers that are adequately supported by 1O information sources a lead agency cites in the parentheses following each question. A"No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g.,the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors and general standards(e.g.,the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 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 physical impact may occur,-then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation,or Iess 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, and 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 Iead 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 EIR,or other CEQA process, an effect h been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). In this case, a discussion should identify the following: 0 a) Earlier Analysis Used. Identify and state where they are available for review. ` b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable IegaI 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 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. S) 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 impact to less than significance. EVALUATION OF ENVIRONMENTAL IMPACTS Less Than Significant Potentially With Less Than Significant Mitigation Significant AESTHETICS—Would the project: Impact Incorporation Impact No Impact • E a) Have a substantial adverse effect on.a scenic vista? ❑ ❑ ❑ 17 b) Substantially damage scenic resources,including,but not Iimited to,trees;rock outcroppings,and historic buildings within a state,scenic highway? ❑ [] ❑ c) Substantially degrade the existing visual character or quality of the site and its surroundings? ❑ ❑ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?, ❑ ❑ ❑ II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant, environmental effects,lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment , Model(1997):prepared by the California Dept.of Conservation as awoptional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland,Unique Farmland,orFarmland of StatewideImportance(Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring aProgram of the California Resources Agency,to non- gricultural use? ❑ E] ❑ b)• Conflict with existing zoning for agricultural use,or a; Williamson Act contract? [] ❑ ❑ C) Involve other changes in the existing environment which, due to their location or nature,could result in conversion of . Farmland,to non-agricultural use? ❑ ❑, [] III. AIR OUALITY: Where available,the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? ❑ ❑ ❑ b) Violate any air quality standard or contribute substantially `to an existing or projected air quality violation? L E c)l 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 F concentrations? ❑ ❑ ❑ e) Create objectionable odors affecting a substantial number 1 of people? ❑ ❑ [] Less Than Significant Potentially With Less Than Significant Mitigation Significant IV. BIOLOGICAL RESOURCES:-Would the project: Impact ' Incorporation Impact No In 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 California Department of Fish and Game or U.S.Fish and Wildlife` Service? 11' E ❑ 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 of Fish and Game or.U.S.Fish and Wildlife Service? ❑ ❑ ❑ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including,but not limited to,marsh,vernal pool,coastal;etc.) through direct removal,filling,hydrological interruption,,or other means? ❑ ❑ d) Interfere substantially with the movement of any native resident or rriigratory fish or wildlife species or with established native resident or migratory wildlife corridors,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? ❑ ❑ ❑" f) 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 in the significance of an archaeological resource pursuant to § 15064.5? El ❑ 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? 0 ❑ ❑ 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 Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact �} 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 known fault? Refer to Division'of Mines and'Geology Special Publication 42. [] ❑ ❑ ❑ ii) Strong seismic ground shaking? ❑ ❑ ❑ iii): Seismic-related ground failure,,including liquefaction? [] ❑ ❑. iv) Landslides? 5 ❑ ❑ ❑ 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,liquefaction or collapse? ❑ ❑ ❑ M , d) Be located oa 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? ❑ ❑ ❑ i VH.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 ef site which is included on a list of hazardous materials sites compiled pursuant to Government. Code Section 65962.5 and,as a result,would it create a significant hazard to the public or the environment? ❑ : ❑ ❑ e) For a project located within an airport land use plan or, where such a plan has not been adopted,within two miles of a ublic airport or public use airport,,would the project result in safety hazard for people residing or working in the project a? ❑ ❑ ❑ 1) For a project within the vicinity of a private airstrip, i would the project result in a safety hazard for people residing or working in the project area? ❑ ❑ ❑ Less Than . Significant Potentially With Less Than Significant Mitigation Significant g) Impair implementation of or physically interfere with an Impact Incorporation Impact No Ido' adopted emergency response plan or emergency evacuation Plan? ❑ ❑ ❑ h) Expose people or structures to a significant risk of loss, - injury or death involving wildIand fires,including where wildlands are adjacent to urbanized areas:or where residences are intermixed with wildlands? ❑ VIII. HYDROLOGY AND WATER QUALITY: —WouId the project: a)' Violate any water quality standards or waste discharge requirements? ❑ ❑ ❑ 19 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit inaquifer volume or a lowering of the,local groundwater table level(e.g.,the production rate of pre- existing nearby wells would drop to a Ievel which would not support existing land uses or planned uses for which permits have been granted)? ❑ ❑ ❑ c) Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,in a mariner which would result in substantial erosion or siltation on-or off-'site? � � ❑ d) Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? ❑ ❑ ❑ e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ❑ ❑ f) Otherwise substantially degrade water quality? ❑` ❑ ❑ g) Place housing within a 100-year flood hazard area as mapped on a.federal Flood Hazard Boundary or Flood Insurance Rate Map or othei flood hazard delineation map? El E f ❑ h) Place within a 100 year flood hazard area structures which would impede or redirect flood flows? ❑ ❑ i) Expose people or structures to a significant risk of loss, injury or death involving flooding'as a result of the failure of a Ievee or dam? ❑ ❑, ❑ j) Inundation by seiche,tsunami,or mudflow?. ❑ 0 ❑ IX. LAND USE AND PLANNING—Would the project: • a) Physically divide an established community? ❑ ❑ ❑ Less Than n Significant Potentially With Less Than Significant Mitigation Significant �) Conflict with any applicable Iand use plan,policy,or Impact Incorporation 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? , ❑ ❑ ❑ c)- Conflict with any applicable habitat conservation plan or natural community conservation plan?- ❑ ❑ ❑ X. MINERAL RESOURCES—Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ❑ ❑ b) Result in the loss of availability of locally-important mineral resource recovery site delineated.on a local general plan,specific plan or other land use plan? ❑. ❑ ❑ _ 19 XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standard's established in the local general plan or oise ordinance,or applicable standards of other agencies? ❑; ❑ ❑. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? ❑ ❑ ❑i 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 inambient noise levels in the project vicinity above Ievels existing ,without the project? ❑ ❑ ❑ e) For a project located within an airport land use plan or, ` where such a plan has not been adopted,within two miles of a public airport or public use airport,,would the project expose people residing or working in the projectarea to excessive noise Ievels? ❑ ❑ ❑ f) For a project within the vicinity of a private airstrip, would theproject expose people residing or working in the project area to excess noise levels? ❑ ❑ ❑ XILPOPULATION AND HOUSING—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? ❑ ❑ !. ❑ i Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No I 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 ratios,response times or other performance objectives for any of the public services: , Fire protection? [] ❑ ❑ Police protection? ❑ Schools? Q ❑ ❑ 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 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:TRANSPORTATIONITRAFFIC—Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system • (i.e.result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads,or, congestion at intersections)? ❑ ❑ b) Exceed,either individually or cumulatively,a level of service standard established by the county congestion management agency for designated roads or highways? ❑ 0 . 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? ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ Less Than Significant Potentially 'With � Less Than. Significant Mitigation Significant Impact. Incorporation Impact No Impact g) Conflict with adopted policies,plans,or programs supporting alternative transportation(e.g.,bus turnouts, bicycle racks)?' ❑ ❑ ❑ U. XVI. UTILITIES AND SERVICE SYSTEMS-- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ❑ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities,the construction of which could cause significant 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�signiflcant environmental effects? ❑ ❑ d) Have sufficient water supplies,available to serve the ; project from.existing entitlements and resources,or are new or expanded entitlements needed? ❑ ❑ - ❑ �) Resuli in a determination,by the wastewater treatment ; provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition.to the provider's existing,commitments? El ❑ ❑ f) Be served by a'landfiIl with°suffcient 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 quality• of the environment,substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important ; examples of the major periods of California history or prehistory? ❑ ❑ ❑ b) Does the project have impacts that:are individually limited,but cumulatively considerable? ("Cumulatively, considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and the " of of probable future projects)?- c) rojects)?c) Does the project have environmental effects which will cause substantial adverse effects on human beings;either ❑ ❑ ❑ ®. directly or indirectly? - - ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS DENSITY BONUS ORDINANCE BACKGROUND The State Planning and Zoning Law (Government Code Section 65915) created a Density Bonus Law-to offer land use based incentives to increase the economic feasibility of affordable housing development. The law was amended in 1989 , requiring that all local governments adopt an implementing ordinance and establish procedures for processing such proposal. The Density Bonus Ordinance states-that when a developer agrees to provide:. (1) At least 20 percent of the total units affordable to Lower Income . Households; or .(2) At least 10 percent of the total units affordable to Very Low Income Households; or (3) 50 percent Senior citizen housing. The city shall either: (a) Grant a Density Bonus of at least 25 percent, and at least one Concession or Incentive, :unless -the City Council maces a written finding that the additional concession or incentive is not required in order to ,provide for affordable housing, or (b) Provide other Incentives of Equivalent Financial Value based upon the land cost per dwelling unit. There would be no physical improvement. or changes in the environment as a result of the adoption. of this ordinance. Impacts of potential future projects would be evaluated in conjunction with each future-project. 1. AESTHETICS Items a through d,— No Impact": The proposed ordinance would establish provisions for granting-density bonus for affordable housing project. No physical ,improvements are currently proposed in conjunction with the adoption of this ordinance. As such, the proposed ordinance will not have any effects on aesthetics 'in the area including scenic vistas or scenic resources,, including, but not limited to, trees, rocks outcropping, and historic buildings within a state scenic highway.. The proposed' ordinance will not degrade the existing visual character or quality of the plan area or its surroundings, impacts related to any future project would be identified and evaluated in conjunction with a specific project. Density Bonus-Initial Study - Attachment A Page 2 of 7 • Sources: Tustin Zoning Code, Tustin General Plan t Government Code Section 65915 Miticaation/Monitoring Required: None Required 2. AGRICULTURAL RESOURCES Items a through c— "No Impact": The proposed ordinance would allow for higher densities .and provide incentives to encourage,the'development of affordable housing, however, .no physical improvements are 'currently proposed in conjunction with the ordinance. The proposed ordinance will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use, or a Willamson Act contract. The ordinance will not result,in conversion. of farmland to a non-agricultural use. Impacts related to any future project, would be identified and evaluated in conjunction with a specific project. Sources: Tustin�General Plan Mitigation/Monitoring Required: None Required iS. AIR QUALITY Items a through e — "No. Impact. The proposed ordinance would establish provisions for granting, density. bonuses for affordable housing projects, however, no physical improvements are currently proposed in conjunction with the ordinance. As such, the ordinance will not conflict with or obstruct implementation of any applicable air plan, violate any air quality standard, result in.a cumulatively considerable increase of any criteria pollutant as applicable by,federal or ambient air quality standard, nor will it _expose sensitive receptors to substantial pollutant concentrations, - or create objectionable odor affecting,a substantia! number of people.. Impacts related ' to future project would be-evaluated when a specific project is proposed, Sources: South Coast Air Quality,Management District Rules and Regulations Tustin General Plan. Mitigation/Monitoring Required: None Required 4. BIOLOGICAL RESOURCES • Items a through f— "No Impact": The proposed ordinance would establish :- provisions stablish .provisions for granting density bonuses for affordable housing projects, I' Density Bonus-Initial Study _Attachment A Page 3 of 7 however, no physical improvements are currently proposed in conjunction with the ordinance. No impacts to any unique,.rare, or endangered species of plant or animal life identified in local or' regional plans, policies or regulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service would occur as a result of this ordinance. Impacts related to -future project would be eValuated when a specific project is'proposed. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 6. CULTURAL RESOURCES Items a throw he h d - "No Impact": The proposed ordinance would establish provisions for granting density bonuses for affordable housing projects, however, no physical improvements are currently proposed in conjunction with the ordinance. As such, the ordinance will not adversely affect any historical resources or archaeological resources or destroy.or disturb a unique paleontological � resource, human remains or geological feature. Impacts .related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Cultural Resources District Tustin Zoning Code General Plan Mitigation/Monitoring Required: 'None Required 6. GEOLOGY AND SOILS Items a f1)a fiii_a(iika_(iv), 6,_ c,-d_-and e__- "No Impact": The proposed ordinance would establish provisions for granting density bonuses for affordable housing projects, however, no physical improvements are currently proposed in conjunction with the ordinance. As such,- the proposed ordinance will not expose people to potential adverse geologic impacts, including the risk of loss, injury, or death involving the rupture of a known earthquake fault, strong seismic ground shaking, landslides, soil erosion, or loss of top soil, nor is the project on unstable or expansive soil. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. 4 Sources: Tustin General Plan Mitigation/Monitoring Required: None Required Density Bonus-Initial Study Attachment A Page 4 of 7 7. HAZARD AND HAZARDOUS MATERIALS ' Items a through h — "No impact: The proposed ordinance would establish provisions for- granting density, bonuses for affordable housing projects, however, no physical improvements are currently proposed in conjunction with the ordinance. As. such, the proposed ordinance will not-result in significant hazards (i.e. explosion, hazardous materials spill, 'interference with emergency response plans, wildland fires, etc.), nor is the project area located within an airport land use plan, or vicinity of a, private airstrip. Impacts related to future .project would be evaluated when a specific project is proposed. Sources: Orange County Fire Authority Orange County Health Agency Tustin General Plan Mitigation/Monitodug Required:. None Required 8. HYDROLOGY AND WATER QUALITY Items a through i — "No Impact": The proposed ordinance would establish provisions for granting density bonuses for'affordable housing projects, however, no physical improvements are currently; proposed in conjunction with the-ordinance. -The ordinance will not result in any change in the amount or ,direction of surface or groundwaters. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 9. LAND USE AND PLANNING Items a through c— "No Impact": The proposed ordinance would establish provisions for granting density bonuses for .affordable housing projects. This is in accordance with the State Law •'requiring .cities to adopt implementing ordinances and establish.procedures for processing such proposals. No physical improvement is proposed in conjunction with the ordinance..The ordinance is,consistent with the intent of the City's General Plan to provide affordable housing to low income families:; The proposed ordinance will not physically divide an established community_or'conffict with any applicable habitat conservation plan. Impacts related to density increases would,be identified and evaluated i'n conjunction with a specific project., Density Bonus-Initial Study Attachment A Page S of 7 Sources: Tustin General Plan Tustin Zoning Code Mitigation/Monitoring Required: None Required .10. MINERAL RESOURCES Items a and b — "No Impact": The proposed ordinance would establish provisions for granting density bonuses for affordable housing projects, however, no physical improvement is currently proposed in conjunction. With the ordinance. The proposed ordinance will not result in loss of a known mineral resource, or availability of a locally important mineral resource recovery site delineated on the general plan or other applicable land use maps.' Impacts- related to any future project would be identified and evaluated in`conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required;' None Required 11. NOISE Items a through f - "No Impact": The proposed ordinance would establish provisions ,for granting 'density bonuses for affordable housing projects. No physical improriement'is currently proposed in conjunction with the ordinance. As such, the proposed ordinance will not expose persons to noise levels in excess of standards established in the general .plan, noise ordinance, or excessive ground vibrations, nor will it create a permanent increase in the existing ambient noise levels: Impacts related to any future project would .be identified and evaluated 1n conjunction with a specific project. Sources: Tustin City Code Tustin General Plan Mitigation/Monitoring Required: None Required . 12. POPULATION AND HOUSING Items a,' b, and c — "No Impact": The proposed ordinance would allow developer to constrict additional units beyond the permitted number of units allowed by the, Zoning Code or the General Plan. However, there are no physical improvements proposed in conjunction with the,ordinance. Impact associated with the increase°in population and housing as a result of this ordinance would be identified and evaluated in conjunction with a • specific project. Density Bonus-Initial Study Attachment A Page 6 of 7 Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 13. PUBLIC SERVICES - - -_ .Item a — " No:Impact": The proposed ordinance would establish provisions for.granting. density. bonusesfor affordable housing projects, however, no physical improvements are currently proposed :in conjunction with the ordinance. 'As such, the proposed ordinance'wili -not create demand for alteration. or addition of government facilities or services {fire and police protection, schools, paries, etc:}. Impacts''related to any future project. would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Miti�ation/Monitoring Required: .. None Required 14. RECREATION Items a and b - ".No Impact": The proposed ordinance would establish provisions for granting; density bonuses for affordable housing projects, however,. no property acquisitions or physical improvements are currently proposed. in conjunction with the ordinance. No physical changes to the number of residential units are proposed at this time and the ordinance will not increase demand. for neighborhood parks or recreational facilities. Impacts'related to any future project would be identified and evaluated in conjunction'with a specific project. ' Sources: Tustin General.Plan Mitigation/Monitoring;Required: None Required 15. TRANSPORTATIONITRAFFIC Items a throudhg --"No.ImAact": The proposed ordinance would establish. provisions for granting density bonuses for affordable housing projects,- however, no physical improvements are currently proposed in conjunction with the ordinance. As such, no alteration. in .the traffic generation and circulation patterns within the project area would be affected by the proposed ordinance. The proposed ordinance will not result in changes to air traffic patterns, emergency access, level of service standards, or conflict with- adopted policies, plans or programs supporting alternative transportation. Impacts related to any future project would be, identified and evaluated in conjunction with a specific project. i Density Bonus-Initial Study Attachment A Page 7 of 7 Sources: Tustin General Plan Mitigation/Monitoring Required: NoneRequired 16. UTILTIES AND SERVICE SYSTEMS Items a throe- h q - "No Impact". The proposed ordinance would establish .provisions for granting density bonuses for affordable housing projects, however, no property acquisitions or physical improvements are proposed in conjunction with the ordinance. The adoption of the ordinance will have no impacts to water treatment, water supply, wastewater treatment, and solid waste disposal. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 17. MANDATORY FINDINGS OF SIGNIFICANCE The purpose 'of the proposed ordinance is to establish provisions for granting density bonuses for affordable housing projects. Since no physical improvements are proposed in conjunction with the ordinance, the ordinance does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of the long-term. SAGDDWUSTINAIcurrent planningldensity bonus nd attacbmentA,doc ATTACHMENT B RESOLUTION NO. 3693 • RESOLUTION NO. 3693 2 A RESOLUTION OF 'THE' PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY 3 COUNCIL_ ADOPT THE DENSITY BONUS ORDINANCE ADDING CHAPTER 1 TO:ARTICLE 9 (LAND USE) OF THE 4 TUSTIN CITY CODE. The Planning Commission of the "City of Tustin does hereby resolve as follows: 7 L The Planning Commission finds and determines as follows: 8 A. That it is necessary for the City to establish a policy to comply 9 with the California Planning and Zoning' 'Law (Government 10 Code Section 65915 through-65918, Chapter 842), generally providing that if a developer of housing agrees to construct at '1 least: 12 1. Twenty (20) percent of the total units of housing 13 development as Target Units affordable to Lower Income households;or- 14 2. Ten (10) percent of the total units of housing 1s development as Target Units affordable to Very Low_ income households;or • 16 3. 'Fifty(50) percent Senior citizen housing; 17 then the City shall either grant-a density bonus and at least 18 one Concession or lncentive,�unless the City Council makes a written finding that the additional concession or incentive is 19 not required to provide for affordable housing , or provide other 20 incentives of equivalent financial value. 21 B. That said policy shall comply with Section 65915 of the 22 Government-Code by either granting a density bonus and a concession or, incentive, providing, other incentives of 23 -equivalent financial value or a combination thereof,whichever is deemed by the City Council to be appropriate. It shall be up 24 to the discretion of the City Council as to whether a project will 25 receive bonus units above 25 percent and/or any incentives of direct financial assistance or equivalent financial 'value shall 26 as deemed reasonable and appropriate to the case, and may 27 include but not be limited to: 28 1. Waived or deferred development fees. 2. Direct financial aid. 29 3. Subsidizing public improvements. • I Resolution No. 3693 1 Page 2 2 i 3 4 C. Any additional incentives`,of non-monetary value shall be $; - - determined- -and - stipulated -by _ City Council upon . recommendation by the Planning Commission as it deems 6 -reasonable and appropriate to the case, and may'include but not be—limited to: 7 8 1. The reduction of development standards, 2. A modification of zoning .code or architectural design 9 requirements. 3. Allowing-non-residential uses within the development. 10 4. Allow the development in a non-residential zone. -D. That the provision of bonus units shall. not exempt a project 12 from complying with all applicable development standards of 13' the Zoning, district'in which it is located, unless development standards are relaxed as additional incentives. 14 • 15 E. That such development pr.'oposals shall,be designed to he consistent with the character of the surrounding neighborhood' 16 and shall be processed :in the manner described by the. Density Bonus Ordinance. 17 18 F. That provision of affordable housing units shall be assured through recordation of a Development Agreement as required 19 by the Density Bonus Ordinance. 20 G. That the proposed.density bonus ordinance is consistent with 21 the Tustin General Plan, Housing Element,in that it provides for new affordable housing, encourage incentives to assist in 22 the development of affordable housing and encourage the 23 availability of affordable housing for large low income family. 24 H. That a .Public Hearing was duly noticed, called and held on by the Planning Commission on September 27; 1999. 25 26 I. That a Negative Declaration has been, recommended for approval by the City Council in conformance with the 27 requirements of the California Environmental Quality Act. 2s II.. The Planning Commission hereby recommends that the City Council 29 adopt the Density Bonus Ordinance attached hereto as Exhibit A. Resolution No. 3693 1 Page 3 2 . 3 4 - 5 PASSED AND. ADOPTED at a -regular meeting-of- the Tustin Planning = Commission,held on the 27th day of September, 1999. 6 7 - 8 9 Stephen V. Kozak 10 Chairperson 11 ELIZABETH A. BINSACK Planning Commission Secretary 12 . 13 14 STATE OF CALIFORNIA) COUNTY OF ORANGE ;$ CITY OF TUSTIN ) 16 17 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am ,the ]s Secretary of the Planning Commission of the City of Tustin, California;that . Resolution No. 3693 was duly passed and adopted at a regular meeting.of 19. the Tustin Planning Commission, held on the 27th day of September, 19.99.- 20 999.,20 21 22 23 ELIZABETH A. BINSACK Planning Commission Secretary 24 25' 26 27 28 f EXHIBIT A OF RESOLUTION NO. 3693 DRAFT ORDINANCE NO. 1222 DRAFT ORDINANCE NO. 1222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING THE METHOD OF PROVIDING DEVELOPER INCENTIVES FOR THE DEVELOPMENT OF HOUSING AS REQUIRED BY STATE LAW The City Council of the City of Tustin does-ordain as follows: Section 1. PURPOSE. The State Planning and Zoning law requires that when a developer of housing agrees to include a certain amount of housing for specified low income or senior households in a housing development,the City must provide the developer with incentives to develop the housing for low 'income or senior households. The City is required by Government Code,Section 66916 to adopt -an ordinance specifying the method of providing developer incentives. Section 2. Chapter 1 is added to Article 9 (Land*Use) of the Tustin City!Code to read as follows: CHAPTER 1 INCENTIVES FOR THE DEVELOPMENT • OF AFFORDABLE HOUSING PART 1 - GENERAL 9111' PURPOSE AND INTENT The purpose of this Chapter is to provide incentives for the .production of housing for very low, Lower Income, or older persons in accordance with California Law pertaining to Density Bonuses. The intent of this Chapter is to facilitate the development of affordable housing and' to implement the goals, objectives, and policies of the City's Housing Element. The regulations and procedures set forth in this Chapter�shall apply throughout-the City with the exception of areas identified as "East Tustin Specific Plan" and ".MCAS-Tustin". Sections of the California Government Code referenced in this Chapter and'application forms for complying with this Chapter, shall be available to the public. -Draft Ordinance No.-1222 Page 2 of 12 , 9112 DEFINITIONS Whenever the following-terms •are used in this Chapter, they shall have the meaning established.by this section-.. . "Affordable Rent" means monthly housing expenses, including a - reasonable + allowance for utilities, ,for rental Target. Units reserved for Very Low or Lower Income Households, not exceeding the following calculations: (1) Very Low :income: 50.-percent of the area median income for Orange County, adjusted for household-size, multiplied by 30-,percent and divided by 12. (2) Lower Income: 60 percent of the area median income for Orange County, adjusted for household size, multiplied by 30 percent and divided by 12. "Affordable Sales Price" means a sales price at which Lower or Very Low Income Households can qualify for the purchase of Target. Units, calculated on the basis of underwriting standards of mortgage financing available for the.development. "Concession or Incentive" means the concessions and incentives as specified in 'California Government Code Section 65915(h): S1. A reduction in °site developmenty standards of a modification. of zoning code requirements or architectural design requirements which exceed the minimum building standards approved by.the State Building Standards Commission as provided in. Part 2.5 (commencing with Section. 18901)•of,Division 13 of the Health.and Safety Code, including, but not limited to, a. reduction in setback and square footage requirements and in the- ratio of vehicular parking spaces that would otherwise be required; or 2. Approval of mixed use zoning in conjunction- with the housing project - .if commercial, office, industrial,-or other land uses will reduce the cost of the housing'development and if the commercial,. office, industrial,,or other land uses are compatible with the housing project and the existing or planned development - in the area, including the City's General Plan, where the proposed housing project will be located; or 3. Other regulatory incentives or concessions proposed by the developer or the city which result in identifiable cost reduction. j "Density Bonus" means a density increase of at least 25 percenti over the otherwise Maximum Residential Density. - For purposes of calculating the minimum number of Density Bonus Units to be granted, the Maximum, Residential Density for the site shall Draft Ordinance No. 1222 _ Page 3 of 12 be multiplied by .25. When calculating the number of:permitted Density_ Bonus Units, • .any fractions of units shall.be rounded to the next.-larger integer. "Density Bonus Units" means . those residential, units granted pursuant to the provisions of this Chapter which-exceed the otherwise Maximum Residential Density for .the development site. "Developer" an applicant who desires to construct five or more dwelling units. "Direct Financial Incentive" means the.donation of land or city financial assistance for a land purchase, the waiver of city fees, the waiver of dedication requirements or other financial assistance by the city Housing Incentive Agreement. "Director" means the City's Director of Community Development or designee. "Housing Cost"-means the sum of actual or projected monthly payments for all of the following associated with for--sale Target Units: principal and interest on a mortgage loan, including any loan insurance fees, property taxes and assessments, fire and casualty insurance, property maintenance and repairs, homeowner association fees_, and a reasonable allowance for utilities. . "Housing Development" means construction projects consisting, of five or more residential units, including single family, multifamily, and mobile-homes for sale or rent • pursuant to this Chapter. "Housing Incentive Agreement" means a legally binding agreement between .a developer and the City and/or the Redevelopment Agency to ensure that the requirements of this Chapter are satisfied. The agreement among other things, shall establish the number of Target Units, size, location, terms ,and conditions .of affordability, and production schedule. "Incentive of Equivalent Financial Value" means an incentive -approved by the City Council based on the land costper dwelling unit of development. The value of density bonus is determined -by the difference in the costs of the land with and without the density bonus. "Lower Income Household" means households whose income does not-exceed the ,low or' very low income,- limits applicable to Orange County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. "Maximum Residential Density" means the maximum number of residential units- permitted- by the Land Use-Element of the. City's General Plan and Zoning Ordinance with the exception of "East Tustin Specific Plan" and "MCAS-Tustin" as of the date of Draft Ordinance No. 1222 - Page 4 of 12 application to the City, excluding. the Density Bonus allowed by this Chapter. If the housing development is within a planned development overlay zone, the maximum residential density shall. be' determined on the basis of the general plan. and the maximum`density of the underlying zone as of the date of application to the City. ".Non-Restricted Unit" means. all- units -within a Housing Development.excluding the - - Target Units. "Qualifying Resident" means senior citizens eligible to reside in Senior Citizen Housing. "Senior Citizen Housing" means a housing development consistent with the California Fair Employment and Housing Act'(Government Code Section 12900,et. seq., including '12955.9 in particular), which has been "designed to'-meet the physical and social needs- of senior citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the federal-Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Section 51.2 and 51:3. - "Target Unit" means a dwelling unit within a Housing Development which will be reserved for sale or rent to, and affordable to, Very Low or Lower Income Households, or Qualifying Residents. In determining the number of Target Units, the Maximum • Residential Density shall be multiplied by .10 where Very Low Income Households are targeted, or by .20 where Lower Income Households are targeted. The Density Bonus Units shall not be included when determining the total number of Target Units in the Housing Development. When calculating the required number of Target Units, any resulting decimal fraction shall be rounded to the next larger integer., "Very Low Income Household" means households whose 'income does not exceed the very low income limits applicable to Orange County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 ofthe'California Health and Safety Code. .PART 2 = INCENTIVES 9121 REQUIRED INCENTIVES a. , Housing Development When a developer agrees to provide: (1) At'least '20 percent of the .total units 'of the Housing .Development as Target Units affordable to Lower Income Households; or Draft Ordinance No. 1222 Page 5 of 12 (2) At least 10 percent of the"total units of the Housing Development as • Target Units affordable to Very Low Income Households; or (3) • At least 50 percent Senior citizen housing; The city shall either: (a) Grant a Density Bonus, and at least one Concession or Incentive, unless the City Council makes a written finding that the additional concession or incentive is not required in order to provide for affordable housing, as defined'in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Government Code Section 65915(c), or (b) Provide other Incentives of Equivalent Financial Value based upon the land cost per dwelling unit. If a developer agrees-to construct both 20 percent of the total units .for lower income households and 10 percent of the total units for very low income households, the developer is entitled to only one density bonus and at least one Concession or Incentive. In cases where a density increase of less than 25 percent is requested, no • reduction will be allowed in the number of Target Units required. In cases where the developer agrees to construct more than 20 percent of the total units for Lower Income Households, or more than 10 percent of the total units for Very Low Income Households, the developer is entitled to only one Density Bonus and one Concession or Incentive. The density increase of more than 25-percent if granted, shall be considered a Concession or Incentive. Similarly, a developer who agrees to construct Senior Citizen Housing with 20 or 10 percent of the units reserved for Low- or Very Low--Income Households, respectively, is only entitled to one Density Bonus and one Concession or Incentive. b. Condominium Conversion When an applicant for approval to convert apartments to a condominium project agrees to provide: . (1) At least 33 percent of the total units of the proposed condominium project to persons"and families of Low or Moderate Income; or Draft Ordinance No. 1222 Page b of 12 (2) At least 15 percent of the total units of the proposed condominium 'project to Lower Income Households; and (3) Agrees to pay for the reasonably administrative costs incurred by the City pursuant to this section; the City shall either: (1) Grant a density bonus; or (2) Provide other incentives of equivalent value. The City may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which as continued affordability of units to subsequent purchasers who are persons and families of Low and Moderate Income or Lower Income Households. For purposes of this section, "density bonus" means an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion. For purpose of this section, "other incentives of equivalent financial values" shall not be construed to require the City to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements which the City otherwise apply as conditions of conversion approval. 9922 OPTIONAL INCENTIVES The City may grant multiple additional Concession and Incentives to facilitate the inclusion of more Target Units than are required by this.Chapter. The City Council may approve any incentive is its sole discretion, in addition to those listed in Section 6213(a) or to comply with Section 6213(b),'including, but not limited to: (a) A Density Bonus of more that 25 percent (b) Waived, reduced, or deferred planning, plan check, building permit andlor development impact fees. (c) Direct financial aid (e.g., redevelopment housing set-aside funds, Community Development Block Grant funds) in the form of a loan or a grant to subsidize or provide low interest financing for on or off site improvements, contribution to land or construction costs. i Draft Ordinance No. 1222 Page 7 of 12 PART 3 DEVELOPMENT REQUIREMENTS . 9131 STANDARD REQUIREMENTS (a) Target Units shall be constructed concurrently with Non-Restricted Units-unless both the City and the developer agree in the Housing Incentive Agreement described in Section 6218 to an alternative schedule for development. (b) If the City complies with Section 9121, Target Units shall remain affordable to the designated group for a period of 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 targeted for sale or rental to lower income or very low income households shall be affordable-at. an "Affordable 'Sales Price" or"Affordable Rent" as specified in Section 9112. (c) If the City does not grant a Concession or Incentive in addition to a density bonus, the Target Units shall remain affordable to the designated group for a period of 10 years. (d) In determining the maximum Affordable Rent or Affordable Sales .Price of Target Units the following household and unit size assumptions shall be used by the City , unless the Housing Development is subject to different assumptions imposed by • other applicable governmental regulations: SRO (residential hotel) unit 75% of 1 person 0 bedroom (studio) 1 person I bedroom 2 person 2 bedroom 3 person 3 bedroom 4 person . 4 bedroom 6 person (e) The design and appearance of the Target Units shall be compatible with the design of the total Housing Development. Housing Developments shall comply with all development standards applicable to housing in the City, except those which may be modified as provided by this Chapter. (f) Unless the City Council maces the finding specified in Section 9121(a), A Housing Incentive Agreement shall be entered into between the Developer and City and/or the Redevelopment Agency to memorialize among other things, the Developer's commitment to provide Target Units in accordance with this Chapter and other applicable provisions of State Law. The Agreement shall be made a condition.of the development permits (e.g., tract maps, parcel maps, 'site plans, planned Draft Ordinance No. 1222 - Page 8 of 1,2 development or conditional use permits, etc.). for all Housing Developments pursuant to this,Chapter. 9132 'LOCATION OF TARGET UNITS (a), Target. Units should be built''on-site wherever possible and, when practical, be dispersed -within the Housing' ,Development. Where feasible, the number of bedrooms of the Target Unitsrshould be equivalent.to the bedroom mix of the non- Target units of the Housing Development; except that,the Developer may include a higher proportion of Target Units with more bedrooms. (b) Circumstances.may arise in which the public interestwould be served by allowing some or all of the Target Units associated with one Housing Development:to be constructed at an alternative development site. Where the developer-and the City agree.in the Housing.Incentive Agreement, the resulting.linked developments shall be considered a single Housing Development for purposes of this Chapter. Under these circumstances, .the developer shall be subject to the same requirements of -this-Chapter for the Target Units to be provided on the alternative site. PART 4 APPLICATION AND REVIEW 9141 Application Requirements and Review ' (a) A developer proposing a Housing Development ,pursuant to this Chapter, may submit a preliminary application prior to the submittal of any formal request for approval of a permit for a Housing Development. Applicants are encouraged to schedule a pre-application conference with the Director to discuss and identify potential application issues. No. .chargewill be required for the pre-application conference. A preliminary application shall'include the following information- 1. A description of the proposed Housing. Development including.the total number of units,-Target Units by income category, and Density Bonus Units. 2.. The zoning and general plan .designations and assessors parcel number(s) of the project site. 3. The location of the target units within the housing development. 4. A plan by which the developer intends to ensure the continued affordability of all Lower Income units for 30.-years or longer.if_required by!,the construction or mortgage financing assistance program, mortgage insurance program or rental subsidy program. 4 Draft Ordinance No. 1222 Page 9 of 12 5. A plan by which the developer intends to ensure that the units intended for Lower Income Households, as defined in the Health and Safety Code § 50079.5, shall be affordable at a rent that does not exceed 30 percent of 60 percent of the area median income. 6. A plan by which the developer intends to ensure that the units intended for Very Low Income Households, as defined in the Health and Safety Code § 50105.5p- shall 0105.5;shall be affordable at a rent that does not exceed 30 percent of 50 percent of the area median income. 7. The number_ of additional "housing units" requested as the "density bonus" for the housing development. 8. A description of all other incentives requested, their financial value based upon the land cost per dwelling unit, an explanation of why they are needed and how they will be utilized. 9. A description of the development and zoning standards requested to be modified or waived and an explanation of why they are needed. 10.A vicinity reap and preliminary site plan, drawn to scale, including building - footprints, driveway and parking layout. • 11.If the developer requests to receive the benefits of this Chapter, in the form of a waiver or modification of . a development standards . or zoning code requirements, the developer shall provide substantial facts in the form of a development pro-forma that the waiver or modification is necessary to make the Target Units and other units in the Housing Development economically feasible. At a minimum, the development pro-forma shall include information identifying capital costs, equity investment, debt service, discount rate, revenues, vacancy allowance, operating expenses, net income or net operating income, pre-tax cash flow, after-tax cask flow, and return on investment. 12.The developer shall acknowledge in writing_ that a Housing Incentive Agreement is required. (b) An application for a Housing Incentive pursuant to this Chapter shall be processed concurrently with any other permit application(s) required for the Housing Development. At a minimum, the application .shall contain all the information described in Section 6217(a)(1)-(12) plus all other required information. ' Final approval or disapproval of an application shall be made by the City Council upon recommendation of the Planning Commission, except that no approval shall be effective _ until the City and Developer have executed a Housing Incentive Agreement. Draft Ordinance No. 1222 j Page 10 of 12 ' 1 (c) Within 60 days of receipt of the preliminaryapplication the City, shall provide the' developer, a letter which- identifies project issues of concern "and•the proposed incentive that.the Director would recommend to the Planning; Commission and City -Council and the procedures for compliance with this Chapter. (d) Where the developer.proposed that the City-provide direct financial incentives, the proposal shall be considered by the Planning Commission for recommendation to the City Council-for their.preliminary.approval. A preliminaryapproval shall indicate the City Council's approval of the proposal for processing, but no direct financial incentives shall' be deemed approved until embodied in the Housing Incentive Agreement. ; 3142 HOUSING INCENTIVE AGREEMENT (a) -The terms' of the draft Housing Incentive Agreement shall, be reviewed and approved. by .the Planning Commission and the. City Attorney. The Planning Commission ,shall. provide recommendation. to the City Council for final approval. Final approval of such Agreement shall be a condition of issuance of any city permit. (b) The final-, approval of any documents as required. by the Agreement shall take • place prior to final map approval, or, where a map is not being processed, prior to issuance of building permits for any parcels in the Housing Incentive Agreement. The.Agreement shall be binding to all future owners and successors in interest. (c) The Agreement shall include at least the following: (1) The total number of units approved for the Housing Development including the number of Target Units. : (2) A description of the household income group to be accommodated by the Housing, Development,, and the - standards for" determining the corresponding Affordable"Rent or Affordable Sales Price. (3) The location, unit sizes (square feet), and number of bedrooms of Target Units. (4) Affordability restrictions for Target Units of at least 10 or 30 years, as' applicable in accordance with this Chapter. (5) A schedule for completion and occupancy of Target Units. Draft Ordinance No. 1222 Page 11 of 12 (6) A -description of the Concession or Incentive or other Incentive of Equivalent being provided by the City. (7) A-description of,remedies:for breach of the Agreement by either party (the City may identify_ tenants or qualified purchasers as third party --beneficiaries under the-agreement). _ -(8) Other, provisions to ensure implementation and compliance with this Chapter and State Law. '(d)' In the case of for-sale Housing Developments, the Agreement shall provide for the following regarding the initial sale and use of Target Units during the applicable use restriction period and for the respective affordability period: (1) Target Units shall, upon initial sale, be sold to-eligible,Very Low or Lower Income Households consistent with this Chapter or as approved by the City Coundil at an Affordable Sales Price and Housing Cost or to Qualified, Residents- (i.e., maintained as Senior citizen housing) as defined by this Chapter. (2) Target Units shall be initially owner-occupied by eligible Very Low or Lower Income Households, or by Qualified Residents in thei case of-Senior citizen housing. (3) The Agreement 'shall provide for the continued affordability of the Target Units for the applicable affordability period'. (e) In the case of rental Housing Developments, the Agreement shall provide for the following conditions governing the use of Target Units during the affordability period: (1) The rules and procedures for qualifying °tenants; establishing Affordable Rent, filling vacancies, and maintaining Target Units for-qualified tenants; (2) Provisions requiring the owner to verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter and State Law. (3)' Provisions requiring owners to submit an. annual report to the City/County, which includes the name, address .and income of each person occupying Target Units, and which identifies the bedroom size and monthly rent or. ` cost-of each Target Unit. Draft Qrdinance No. 1222 Page 12 of 12 Section 4. ' SEVERABILITY If.any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be .invalid or unconstitutional by the decision. of any court of competent- jurisdiction, such decision shall not affect_ the validity -of the remaining' portions of this ordinance. The City Council of the City of Tustin hereby declares .that it, would have adopted-this ordinance and each section,-subsection, sentence, clause;' phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. - PASSED AND ADOPTED by the City Council of the City of Tustin at a. regular meeting' on the day of ,. 1999. Tracy Wills Worley, Mayor Pamela Stoker City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 'CITY OF TUSTIN ). CERTIFICATION FOR ORDINANCE NO. 1222 PAMELA STOKER, City Clerk and ex-officio of-the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of -the City _Council if five; that"the above and foregoing ordinance No. 1222 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on day of , 1999 and was given its second reading, passed--and adopted at a;reguiar meeting of the City Council held on:the of , 1999 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS. NOES: COUNCILPERSONS.ABSTAINED: COUNCILPERSONS ABSENT: Pamela Stoker, City Clerk s:MMORDINANc11222.doc ITEM#4 Y � eport to. the lanning Commission DATE: SEPTEMBER 27, 1999 SUBJECT: CITY COUNCIL ACTION AGENDA, SEPTEMBER 20, 1999 PRESENTATION: ELIZABETH A. BINSACK, DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT ATTACHMENT: CITY COUNCIL ACTION AGENDA-SEPTEMBER 20, 1999 1 I .Ir ACTION AGENDA CITY COUNCIL REGULAR MEETING SEPTEMBER 20, 1'999 7:04 P.M. CALL TO ORDER GIVEN INVOCATION - Pastor Dane Counts, Kings Way Church GIVEN PLEDGE OF ALLEGIANCE THOMAS AND ROLL CALL POTTS ABSENT PRESENTED PROCLAMATION - (1) Fire Prevention Week, and (2) Jack .Duesler Recognition PRESENTED PRESENTATION - Orange County Water District Groundwater Replenishment System PUBLIC 1:NPUT MARJORIE GORRIE, REQUESTED STREET NAME CHANGE FROM BRUNO JOAN THREADGILL, DRIVE TO BRUNS DRIVE DUE TO ORIGINAL MISSPELLING DAWN ALVAREZ, OF VETERAN JOHN BRUNS' NAME. STAFF RESPONDED , JACK ROMERO: MATTER WOULD BE RETURNED TO COUNCIL FOR ACTION FOLLOWING COMPLETION OF BRUNO DRIVE RESIDENTIAL SURVEY PUBLIGHEARING ( ITEM 1 ) ADOPTED 1. APPEAL OF USE.DET�RMINATION 99-002 RESOLUTION (APPELLANT: A.G.'KAWAMURA, ORANGE COUNTY NO. 99-76 PRODUCE) Use' Determination 99-002 is a request to establish agricultural operations as a permitted use on vacant land within the Office and Regional Center Land Use 1 . Designations of the Pacific Center East Specific Plan. Recommendation by the Community Development Department: Action Agenda —City Council September 20, 1999—Page 1= 1. Open and close the Public Hearing. 2: Adopt the following Resolution No. 99-76: RESOLUTION NO. 99-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF � TUSTIN, CALIFORNIA, DENYING THE ' APPEAL OF USE DETERMINATION 99-002 .AND DETERMINING THAT AGRICULTURAL USES ARE.PROHIBITED WITHIN THE REGIONAL CENTER AND OFFICE CENTER LAND USE DESIGNATIONS _ IN THE PACIFIC CENTER EAST SPECIFIC PLAN CONSENT CALENDAR ( ITEMS 2 THROUGH 15 ) APPROVED . 2. APPROVAL OF MINUTES -- SEPTEMBER 7, 1999 REGULAR MEETING Recommendation: Approve the City Council Minutes of September 7, 1999. APPROVED 3. APPROVAL OF DEMANDS AND RATIFICATION OF PAYROLL Recommendation: Approve Demands in the amount of $1,805,515.08 and ratify Payroll in the amount of $396,835.41.. APPROVED , 4. PLANNING COMMISSION ACTION AGENDA — SEPTEMBER 13, 1999 All actions, of the Planning Commission become final -unless appealed by the City Council or member of the public. Recommendation: Ratify. the Planning Commission Action Agenda of September 13, 1999. r ADOPTED 5. RESOLUTION NO. 99-80 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-80 ACCEPTING WORKS OF IMPROVEMENT AND - AUTHORIZING , RECORDATION OF NOTICE OF COMPLETION FOR HERITAGE PARK (PROJECT N0. 400042) Recommendation: Adopt Resolution No. 99-80 accepting said work 'as complete, authorize the recordation.of the Notice of Completion, and direct the City Clerk to (1) Release the security deposit-as per the escrow agreement .pursuant to Section 22300 of the Public Contract Code no sooner than thirty-five.(35) days after the date of the recordation of the Notice of is Action Agenda —City Council September 20, 1999— Page 2 , Completion, and (2) Release the- Faithful Performance Bond no sooner than one (1) year after the date of the recordation of the Notice of Completion as recommended by Parks and Recreation Services. ADOPTED 6. RESOLUTION NO. 99-77 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-77 APPROVING LOT LINE ADJUSTMENT NO. 99-3 Recommendation: Adopt Resolution No. 99-77 approving. Lot Line Adjustment No. 99-3 as recommended by the Public Works Department/ Engineering Division. ADOPTED 7. RESOLUTION NO. 99-78 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA; NO. 99-78 APPROVING THE SUBMITTAL OF SUBJECT IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE REGIONAL SURFACE TRANSPORTATION PROGRAM Recommendation: Adopt Resolution No. 99.78 requesting the Orange County Transportation Authority include the City of Tustin's projects in the 1999-. 2000/2003-2004 Regional Surface Transportation Program as recommended by the Public Works Department/Engineering Division. APPROVED 8. DENIAL OF CLAIM NO. 99-27, CLAIMANT: SARAH ROGERS- Recommendation: 'Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. APPROVED 9. DENIAL OF CLAIM NO. 99-31, CLAIMANT: LORRAINE LUJAN Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. APPROVED 10. DENIAL OF CLAIM NO. 99-32, CLAIMANT: - REGINA GERONDALE Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. Action Agenda —City Council September 20, 1999 --Page 3 APPROVED 11. DENIAL OF CLAIM NO. 99-33, CLAIMANT: FRANCES ROSADO Recommendation: Deny subject claim and direct the City Clerk to send notice to the claimant and the claimant's attorney as recommended by the City Attorney. APPROVED 12. EMPLOYMENT OF ATTORNEYS, HAHN AND HAHN Recommendation: , Authorize the City Manager or Assistant City Manager, subject to review and approval of the City Attorney, to enter into an agreement with attorneys, Hahn and Hahn, for special counsel services as recommended by the City Attorney. APPROVED 13. DECLARATION OF SURPLUS EQUIPMENT Recommendation: (1) Declare .subject equipment surplus and not required for public use, (2) Authorize staff to donate the surplus computer equipment to the Tustin Community Foundation for reconditioning and distribution to non-profit organizations, and (3) Authorize staff to have auctioned serviceable equipment of value and- dispose of assets beyond repair as recommended by the Police Department. APPROVED- 14. MOBILE DATA SYSTEM USER AGREEMENT Recommendation: . Authorize, the City Manager to execute the Mobile Data System User Agreement with the City of Brea for continuation of subject project as recommended by'the Police Department. ADOPTED 15. RESOLUTION NO. 99-79 - A RESOLUTION OF THE CITY RESOLUTION COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, NO. 99-79 AUTHORIZING APPLICATION FOR FUNDS FOR THE TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAM UNDER THE 1998 TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY FOR TUSTIN OLD TOWN STREETSCAPE IMPROVEMENT PROJECT Recommendation: Adopt Resolution No. 99.79 authorizing the nomination of -the Tustin Streetsca,pe -Improvement Project for consideration by the Orange County Transportation Authority for funding as part of the Transportation Enhancement Activities grant program, and authorize the Director of Public Works/City Engineer to act in connection with the nomination and to provide such additional information as may be required as recommended by the Public Works Department and Redevelopment Agency. Action Agenda —City Council September 20, 1999-- Page 4 REGULAR BUSINESS ( ITEMS 16 THROUGH 18 ) APPROVED 16. TUSTIN HIGH SCHOOL TILLER TRICK OR TREAT $2500 REQUEST DONATION The Associated Student Body of Tustin High School is seeking a contribution in the amount of $2,000 to cover the costs of implementing the "Tiller Trick or Treat" event on October 31, 1999. Recommendation: Pleasure of the City Council. CONTINUED 17. PLANNING COMMISSION TERM OF OFFICE TO OCTOBER 4TH MEETING At the September 7, 1999 City Council meeting, Mayor Worley raised issues related to a city ordinance that restricts Planning Commissioners from,rdnningfor the City Council unless they resign their appointments on the Commission. Recommendation: Pleasure of the City Council. ADOPTED 18. ADOPTION OF 2% @ 55 RETIREMENT OPTION FOR . RESOLUTION MISCELLANEOUS MEMBERS NO. 99-81 Adoption of Resolution No. 99-81 and Ordinance No. INTRODUCED 1221 will authorize amendingthe contract with the ORDINANCE Public Employees Retirement System to provide Section NO. 1221 21354 (2% @ 55 Full Formula) for miscellaneous members of the City. Recommendation by Personnel Services: 1. Adopt the following Resolution No. 99-81 which gives notice of the City's intent to approve an amendment to the Public Employees Retirement System for miscellaneous members to provide Section 21354 (2% @ 55 Full Formula): RESOLUTION NO. 99-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE .BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF TUSTIN Action Agenda —City Council September 20, 1999— Page 5 t. 2. Have first reading by title only and introduction of the following Ordinance No. 1221 authorizing the Mayor 'to execute the amendment for and on behalf of the City: . ORDINANCE- NO. 1221 - AN ORDINANCE OF THE CITY COUNCIL OF THE ` CITY OF TUSTIN, CALI-FORNIA; AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE . -CITY OF TUSTIN AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM NONE PUBLIC INPUT OTHER BUSINESS / COMMITTEE REPORTS DOYLE: COMPLAINED THAT MEDIA ONE WEEKEND PROGRAMMING IN TUSTIN WAS SCRAMBLED AND REQUESTED PROBLEM BE,RESOLVED COMPLAINED ABOUT PROPOSED AB 84 WHICH WOULD PROHIBIT THE SALE OF GROCERIES IN BUILDINGS OVER 100,000 SQUARE FEET SUCH AS COSTCO. MAYOR • RESPONDED THAT GOVERNOR DAVIS WAS EXPECTED TO VETO THE BILL. SALTARELLI: WISHEDL HIS MOTHER A HAPPY 85TH BIRTHDAY dP EXPRESSED PLEASURE WITH PENN° STATE'S VICTORY OVER MIAMI AND HE WAS LOOKING FORWARD TO THE' PENN STATE/OHIO STATE GAME COMMENDED THE ORANGE COUNTY WATER DISTRICT FOR THEIR PRESENTATION ON` THE, GROUNDWATER REPLENISHMENT SYSTEM AND NOTED THE IMPORTANCE OF THE PROJECT TO THE AREA WORLEY: REPORTED THAT SHE AND COUNCILMEMBER -POTTS WOULD BE THROWING CANDY TO CHILDREN AT THE TILLER DAYS PARADE DUE 'TO RESOLVED INSURANCE ISSUES REPORTED THAT SB 441, EFFECTIVE JANUARY 1, 2000, WILL PROHIBIT THE USE OF MOTORIZED SCOOTERS/ SKATEBOARDS Action Agenda —City Council September 20, 1999— Page�6 WORLEY:" REPORTED THE NORTH TUSTIN ANNEXATION SURVEY WAS PROGRESSING AND RESULTS SHOULD BE AVAILABLE IN THE NEAR FUTURE ANNOUNCED CLOSED SESSION - The City Council shall convene in closed session pursuant to,Government Code Section 54956.9(a)to - confer with the City,Attorney regarding pending litigation to which"the`City is a party: Sara Pashalides v. City of Tustin, et.al., and , regarding threatened .litigation pursuant to Government Code Section 54956.9(b)(3)C): claim of Francisco Romero, Claim No: 99-22. The claim may be reviewed in the City Clerk's office. 8:02 P.M. ADJOURNMENT - The next regular •meeting of the City Council is scheduled for Monday, October 4, 1999, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. Action Agenda --City.Council September 20, 1999— Page 7 ACTION AGENDA REGULAR MEETING OF THE TU.STIN COMMUNITY REDEVELOPMENT AGENCY SEPTEMBER 20, 1999 8:02 P:M. CALL TO ORDER' THOMAS AND ROLL CALL POTTS ABSENT REGULAR BUSINESS { ITEMS 1 THROUGH 2 ) APPROVED 1: APPROVAL OF MINUTES — SEPTEMBER 7, 1999 REGULAR MEETING Recommendation: Approve the Redevelopment Agency Minutes of September 7, 1999. APPROVED 2. APPROVAL OF DEMANDS - Recommendation: Approve Demand's in the amount of $273;'592.04. NONE OTHER BUSINESS NONE CLOSED SESSION - None 8:02 P.M. ADJOURNMENT - The next' regular - meeting of the Redevelopment Agency is scheduled for Monday, October 4, 1999, at 7:00 p.m. Jn the Council Chamber at 300 Centennial Way. Action Agenda--Redevelopment Agency September 20, 1999-Page 1