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HomeMy WebLinkAboutCC RES 01-057RESOLUTION NO. 01-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR GENERAL PLAN AMENDMENT 99-002 AND ZONE CHANGE 99-003, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. l0 !4 l? The City Council of the City of Tustin does hereby resolve as follows' The City Council finds and determines as follows' A, That the General Plan Amendment 99-002 and Zone Change 99- 003 are considered a "project" pursuant to the terms of the California Environmental Quality Act; and Bi An Initial Study and Negative Declaration have been prepared for this project and distributed for public review. The Initial Study/Negative Declaration evaluated the implications of the proposed development. Gl The Planning Commission at their meeting on May 14, 2001 recommended that the City Council adopt the Negative Declaration related to the General Plan Amendment 99-002 and Zone Change 99-003 as adequate for the development of a fifty- four (54) unit senior housing project. 2O 2! 22 23 24 ?-5 2? 28 I!. D, The City Council of the City of Tustin has considered evidence presented 'by the Community Development Director and other interested parties with respect to the subject Negative Declaration. il The City Council has evaluated the proposed Negative Declaration and determined that with incorporation of the mitigation measures, the project would not have a significant effect on the environment. A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and state guidelines. The City Council has received and considered the information contained in the Negative Declaration prior to approving the proposed project and found that it adequately discusses the environmental effects of the proposed project. On the basis of the initial study and comments received during the public hearing process, the City Council finds that there will not be a significant effect as a result of the project. l0 12 ]4 15 20 2! 2B 24 25 26 2? Resolution No. 01-57 Page 2 In addition, the City Council finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Games Code. The City Council hereby adopts the Final Negative Declaration for General Plan Amendment 99-002 and Zone Change 99-003. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of May, 2001. PAMELA STOKER City Clerk TRAC~. ILLS WORLEY Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 01-57 !, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do heroby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above foregoing Resolution No. 01-57 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 21st day of May, 2001. PAMELA STOKER City Clerk 29 City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RESOLUTION NO. 01-57 I, PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, hereby certifies that the whole number of the members of the City Council of the City of Tustin is five; and that the above and foregoing Resolution No. 01-57 was adopted at a regular meeting of the City Council held on the 21~t day of May, 2001, by the following vote: COUNCILMEMBER AYES: Worley, Thomas, Bone, Doyle, Kawashima COUNClLMEMBER. NOES: None COUNClLMEMBER ABSTAINED' None COUNClLMEMBER ABSENT: None Pamela Stoker, City Clerk Exhibit A of Resolution No. 01-57 Exhibit A of Resolution No. 01-57 Final Negative Declaration . GPA 99-002 & ZC 99-003 Table of' Contents A. Initial Study B. Environmental Factors Potentially Affected C. Determination D. Evaluation of Environmental Impacts E. Response to Comments F. Mitigation Measures' Monitoring Schedule INITIAL STUDY A. BACKGROUND COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92 780 (714) 573-3100 Project Title: Conditional Use Permit 99-007, Design Review 99,006, General Plan Amendment 99-002, and Zone Change 99-003. Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Justina Willkom Phone: (714) 5 73-3174 Project Location: 1101 Sycamore Avenue · Project Sponsor's Name and Address: N/A General Plan Designation: Public and Institutional (P&I) Zoning Designation: Suburban Residential (R-4) Project Description' Construction of a fifty-four (54) unit senior affordable housing project, a General Plan Amendment to amend the existing land use designation from Public & Institutional (P&I) tO High Density Residential to .provide for residential development on the project site, a Zone Change to change the zoning designation from Suburban Residential (R-4) to Multiple Family Residential (R-3) to provide for multiple family residential development, a Conditional Use Permit ts conditionally permit the proposed Project in the R-3 Zoning District, and a Design Review for the review of building 'design, site.plannh~g, and site development. Surrounding Uses: North: Hospital South: Offices and Multi-Family Residential East: West: Multi-family Residemial Hospital Parking Lot Other public agencies whose approval is required: © 0 Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other City of Irvine City of Santa Ana Orange County EMA Be 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. Pl~g [--]Population and Housing [-~Geological Problems [-']Water [~Air Quality []TransPortation & Circulation ['--]Biological ResOurces [--]Energy and Mineral Resources [-]Hazards ['-]Noise [~Public 'Services [-]Utilities and Service Systems ["-]Aesthetics .[-']Cultural Resources [--]Recreation [-]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation' [-"] I find that the proposed project COULD NOT have a significant effect on.the environmem, 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. 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 fred 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: Justina Willkom Elizabeth A. Binsack, Co~uu~ty Developmem Director Title Associate Planner Date APRIL 19, 2001 1) 2) 3) 4) 5) 6) 7) 8) 9) De EVALUATION OF ENVIRONMENTAL IMPACTS · · Directions '.' A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is · adequately supported if the referenced information, sources show that the impact simply does. not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact". answer should be explained where it is based on project-specific factors and general standards (e.g. the project will not exPose sensitive receptors to pollutants, based on a project-specific screening analysis). All answers must take into account the whole action involved, including off-site, on-site, cmnulative project level, indirect, direct, construction, anct operational impacts. Once the lead agency has determined that a particular physical impact may occur, the checklist answers must indicate whether the impact is potentially significant, less than significas~t wifl~ mitigation, or less than sigmificant. · "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect, may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applieS where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation.measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," maY be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, .pro. gram.EIR, .or other CEQA process, an. effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3).(D). In tiffs 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. Lead agencies, are encouraged to incorporate into the checklist references to information sources for potential impacts. (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages Where the statement is substantiated. Supporting Information Sources: A source list should be attached, and other sources used or indivjduals contacted should be cited in the discussion. This is only a suggested form, and' lead agencies are free tO use different formats; however, lead agencies normally addresS' the questions from this checklist that are relevm~t to a project's enviro~unental effects in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if m~y, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVALUATION OF ENV~ON~NTAL IMPACTS I. AESTHETICS- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not'. limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source 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 an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Conve~ Prime Farmland, UniqUe Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant:.to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? 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? IH. AIR OUALITY: Where available, the si=maificance criteria established by the applicable air quali.ty 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? 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 ak quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? POtentially Significant Impact 'Less Than Significant With Mitigation Incorporation Less Than Significant ImpaCt No Impact IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department offish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department offish and Game or U.S. Fish and Wildlife 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? 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? 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: Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant 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? 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? d) Be located on expansive soil, as defined in Table 18_ 1-B of the uniform Building Code (1-994), 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 environment7 c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, · where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard 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? Potentially Significant Impact · Less Than Significant ~ith Mitigation Incorporation Less Than Significant Impact No Impact g) Impair implom~ntation of or physically interfere with an adopted emergency response plan or ~mergency evacuation plan? h) E×pose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER e UALITY: - Would .. the project: a) Violate any water quality standards or waste discharge requirements? : b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net defici, t in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level Which would 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 fiver, in a manner which would result in substantial erosion or siltation on- Or off-site? d) Substantially alter the existing drainage pattem 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 mnoffwater 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 structures 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? IX. LAND USE AND PLANNING- Would the project: a) Physically divide an established community? Potentially Significant Impact. Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact b) Conflict with any applicable laud use plan, policy, or regulation .of aa 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 a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive 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 peopI, e 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? XH..POPULATION 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? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact c) Displace substantial numbers of people, necessitating the construction of replacement housing; elsewhere? XIIL 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? Parks? Other. public facilities? X~V. 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. TRANSPORTATION/TRAFFIC- Would the project: a) Cause .an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, 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 pattems, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase haz~ds 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? · Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND 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 significant environmental effects? .. d) Have sufficient water supplies available to serve the project fi'om 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 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 effects of probable furore projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant }V~th Mitigation Incorporation Less Than Significant Impact No Impact SECTION D EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 99-007, DESIGN RENEW 99-006, GENER~ PLAN AMENDMENT 99-002, AND ZONE CHANGE 99-003. AMERICAN SENIOR LIVING 1101 SYCAMORE AVENUE BACKGROUND The project includes the construction of a fifty-four (54) unit senior affordable housing project, a General Plan Amendment to amend the existing land use designation from Public & Institutional (P&I) to High Density Residential to provide for residemial development on the .project site, a Zone Change to change the zoning designation from Suburban Residential (R-4) to Multiple Family Residemial (R-3) to provide for multiple family residential developmem, a Conditional Use Permit to conditionally permit the proposed project in the R-3 Zoning District, and a Design Review for the review of building design, site planning, and site development. The property is currently vacant and is surrounded by apartment complexes to the East, a local hospital to the North, a parking lot to the West, and m~ office complex and apartment complex to the South. 1. AESTHETICS Items a & b_ No Impact: The subject property is not located on a scenic vista. The subject property is 1.82 acres of .vacant land surrounded by developed parcels. The proposed project would not disturb any trees, rock outcroppings, or historical buildings, and the site is not located on a State scenic highway. Mitigation Measures/Monitoring Required: None Required. Item c - Less Than Significant Impact with Mitigation lncorooration: The property is currently vacant. The construction of a three-story senior housing project on vacant land would change the visual character of the site and its surrounding.. However, the impact would be less than significant since the site is surrounded by a four story medical plaza and a one-story hospital building to.the North, two-story apartment complexes to the East and South, and a commercial parking lot to the West, and the project would be designed in a residential style that is consistent with the development standards and the landscaping standards for the area. Americm Senior Living CUP 99-007, DR 99-006, GPA 99-0.02, ZC 99-003 Page 2 of 13 Mitigation Measures/Monitoring Required: Roofing materials 'shall be full. dimensional architectural composition 'shingles with color and manufacturer to be approved by the Community Developmem Director and the Redevelopment Agency. All rooftop equipment shall be fully screened from public view. A minimum of four (4) inch trim on all windows shall be provided. · The foam strips shall be treated with hard surface .to create a grade separation between the two different stucco types. A minimum six (6) foot high decorative block wall shall be constructed along, the. east, north, and west property lines with the exception of the front setback area Where the wall shall be reduced to a maximum of three (3) feet. The block wall' shall be treated with anti-graffiti materials. The wrought, iron fence along the front shall be painted a flat green color to complement the landscape area. No fence or walls within the required front yard setback shall exceed three (3) feet in. height. The site shall be landscaped Consistent with the City's Landscaping and Irrigation Guidelines. Landscaping. shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. Perimeter landscape materials adjacent to the carports shall, include a minimum of four (4) feet to six (6) feet high shrub hedges. A precise landscape and irrigation, plan including landscape grading, backflow preventors, and timers shall be reviewed and .approved by. the Community Development Director prior to issuance of a building permit. Sollrces: Submitted Plans Tustin City Code Field Inspection Item d- Less Than .Significant Impact with Mitigation Incorporation: The proposed new apartment complex would bring new lights to the area. However, the new source of light would not adversely affect day- or night-time views 'in the area since the American Senior Living CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003 Page 3 of 13 project would be required to have all lights arranged so that no direct rays would shine onto adjacem property. Sources: Submitted Plans Tustin City Code Field Inspection Mitigation Measures/Monitoring Required: Parking lot lighting shall be arranged so that direct rays do not Shine on adjacem properties. Lighting fm-tures and intensity of lighting shall be subject to the review and approval of the Community Development Director. At Building Plan Cheek, manufacturer's details of all lighting fixtures, and .a lighting plan which identifies the location, type of fixtures, and intensity (photometric study) of all exterior building- mounted and free-standing lighting shall be provided. Ali light fixtures .shall be architecturally compatible with proposed structures, 2. AGRIC~T~L RESO~CES Items a, b & c- No Impact: The proposed project will be located on a site that is vacant and.surrounded by developed residential apartment buildings, hospital and medical office buildings and a parldng lot. The proposed project will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use, or a Williamson Act contract. The proposed project will not result in conversion of fanuland to a non-agricultural use. Mitigation Measures/Monitoring Required: · None Required Sources: Tustin General Plan Field Inspection Submitted. Plans Tustin City Code 3. AIR OuALITY Items b - Less Than Significant Impact with Mitigation Incomorati0n:. The project would temporarily increase the amount of short-term emission to the area due to the grading of the .property and construction activities. Since the site is relatively flat, only minor grading would be required. Short-term emissions associated with grading, construction and operation of the proposed project are .subject to regulation by the South Coast Air Quality Management District and the City of Tustin Grading Manual which includes requirements for dust control. Mitigation measures will be required for flae project to minimize construction activity dust generated as part of this project. With implementation of the American Senior.Living CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003 Page 4 of 13 mitigation measures and conditions of approval, impacts related to air quality would be reduced to a level of insignificance. Mitigation Measures/Monitoring Required: All construction activity shall comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. Item a, c, d & e- No Impact: The project would also increase emissions in the area due to new vehicle trips, .use of landscape maintenance equipment, etc. The project would construct 54 .new apartment units for seniors. In accordance with Table 6-2 (Screening Table for Operation) CEQA Air Quality Handbook, the construction of 54 senior housing units is considered insignific~t. Therefore, no mitigation for emissions related to new vehicle trips is necessary. Mitigation-Measures/Monitoring Required: None Required Sources: South Coast Air Quality Managemem District Rules & Regulations City of Tustin Grading Manual · Project Application Field Inspection 4. BIOLOGICAL RESOURCES Items a, b, c, d, e & f-No Imvact: The subject site. was developed with a twenty-six (26) unit apartmem complex. The apartment complex was demolished in 1987 to accommodate a temporary parking lot for the hospital. The site is surrounded with commercial and residemial properties developed with pavement and structures. The site is not inhabited by any known 'species of animals. The proposed pr.oject would have no impacts on animal populations, diversity of species or migratory patterns. The project would include the removal of local trees (eucalyptus trees) along the northern property line to accommodate the development. New trees and landscape materials will be provided in accordance to the Tustin Landscape and Irrigation guidelines. No impacts to any unique, rare, or endangered species of Plant or animal life identified in local or regional plans, policies or regulations by the California Department ofFish and Game or.U.S. Fish and Wildlife Service would occur as a result of this proposed project. Mitigation Measures/Monitoring Required' None Required Sources: Field Inspection Submitted Plans American Senior Living CLIP 99-007, DR 99-006, GPA 99-002, ZC 99-003 Page 5 of 13 Tustin City Code 5. CULTURAL RESOURCES Items a, b, c & d- No Imr~act; The subject property is not located within the City's Cul .tm'al Resources Overlay District, nor are there any identified cultural, historic, or archaeological resources identified on or around the site. The project would have no impacts on cultural resources. · Mitigation Measures/Monitoring Required: None 'Required SORYCes' Submitted Plans Tustin Zoning Code Tustin City Code 6. GEOLOGY & SOILS Items a-ii & a-iii - Less Than Sienificant Im~)act with Mitieation Incomoration: The topography of the site is relatively flat and 'would require minor precise grading activity to prepare the site for new construction. Compliance with current codes will ensure that the design and construction, of the 'proposed project.reduces any potential impacts related to fault ruptures, ground shaking, ground failure, liquefaction, or unstable soils to a level of insignificance. Mitigation Measures/Monitoring Required: All grading, drainage, vegetation, and circulation shall comply with the City of Tustin Grading Manual. All conslxuetion 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 Official and request for approval shall be submitted in writing prior to any approval. Items a-i, a-iv, b~ c, d & e- No ImCact: The project site is not located within an area that is subject to seiche, tsunami, volcanic hazards, landslides, or mudflows, erosion, subsidence, or expansive soils. No unique geological or physical features are present within the area. With implementation of a condition of approval that requires the applicant to obtain all necessary approvals from the Community Development Departmem, the project design and construction will reduce potential impacts to a level of insignificance. American Senior Living .. CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003 Page 6 of 13 , Sourccs' Tustin General Plan. City .ofTustin Grading Manual · Uniform Building Code Project Application Field Evaluation HAZARDs & HAZARDOUS MATERIALS Items a throu~h.h- No Imract: The proposed prOject involves the c°nstmction of a senior affordable apartment complex. Development or use of the proposed senior housingis not anticipated'to result in'exposure to hazardous substances or interfere with emergency response or evacuation. All grading and construction' would be subject .to compliance with the all applicable Uniform Building and Fire Codes. The project is not in the vicinity of an airport or airstrip. Mitigation Measures/Monitoring Required: Sollrces' · Uniform Building and Fire Codes Submitted Plans Tustin General Plan None Required. .. Mitigation/Monitoring Required: None Required 8. ~ROLOGY & WATER l UALITY Items e & f- Less Than Significant Impact with Mitigation Incorporation: · The project site is relatively flat and would require minor grading'. The project would not expose people or property to water-related hazards such as flooding, change the course or direction of waters movements, or affect the quantity of groundwaters. During construction the project will be conditioned to comply with the National Pollution Discharge Elimination System (NPDES) storm water regulations. · Mitigation Measures/Monitoring Required: Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. · . All site drainage shall be handled on site and shall not be permitted to drain onto adjacent properties. The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: American' Senior Living CUP 99-007, DR. 99-006, GPA 99-002, ZC 99-003 Page 7 of 13 Prior to issuance of building permits, the applicant shall submit for approval by the community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to coritrol predictable pollutant mn-off. e This WQMP shall identify the following: structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignmem of long-term maintenance responsibilities' (specifying the developer, parcel owner, property maintenance, lessee, etc.);, and, reference to the location(s) of structural BMPs. All necessary precautions and preventive measures shall be in place in order to prevent material, from being washed away by surface waters or blown' by wind. These controls shall include at a minimum: regular wetting of surface 'or. other similar wind control method, installation of straw or fiber mats to prevent rain related erosion. Detention basin(s) or other appropriately sized barrier to surface flow must be installed at the discharge point(s) of drainage from the site. Any' water collected from these controls shall be appropriately disposed of at a disposal Site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration' of the project construction. Appropriate controls shall be installed to prevent all materials from being tracked off site by vehicles or Other means. These controls may include gravel exits or wash-down 'areas. Any materials tracked off site must be removed as. soon as possible, but no later than the end of the operation day. This material shall be disposed of at an appropriate disposal site. These measures shall be added as general notes on the site'plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration Of the project construction. " Sources: Field Verification Submitted Plans Tustin City Code Item a, b, c~ d, g, h, i & j · No Imvact The. project would not violate water quality standards or waste-water discharge requirement as conditioned. The project would not deplete groundwater supplies or interfere substantially with groundwater recharge. The project site is relatively flat where no substantial alteration tO the drainage pattern in a manner which would .result in substantial erosion, siltation, or flooding on or off site. The project site is not located within a 100-year flood hazard areas as mapped on a Federal Flood Hazard Boundary or Flood InsUrance Rate Map, nor is the project located Within a 100-year flood hazard area structures which would impede or redirect flood flows. American Senior Living CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003 Page 8 of 13 Mitigation Measures: None Required. Sources: .... Field Verification Submitted Plans Tustin City' Code 9. LAND USE PLANNING Items a, b & c- No Imvact: The subject property is designated by the General Plan Land Use Map as Public and Institutional (P&I) and zoned Suburban Residential (R-4~)~ Prior to 1986, the property was improved with a 'twenty-six (26) unit apartment complex and was designated by the General Plan as Multi-family Residential and zoned Multiple Family Residential (R-3). In 1986, the City Council approved, a .General. Plan Amendment .from Multi-family Residential to Public and Institutional. (P&I) and a zone change from Multiple Family Residential (R-3)' to Public and Institutional (P&I) at the request of the hospital owner to accommodate a temporary parking area' for the hospital... In 1994, as part of the citywide General Plan',Amendment, the property was inadvertently rez0ned to Suburban Residential (R-4) inconsistent with the General Plan land use. designation of Public and Institutional (PaI).' The proposed project .would require a change in land use designation and zoning of the prope..rty to the original land use designation and zoning of 'High Density Residential and Multiple Family Residential (R-3), respectively. With these changes, the proposed use would be consistent with the applicable land use and zoning regulations. The proposed project would not divide an established community. The proposed project is not located in the conservation plan or'natural community conservation plan. The proposed project would not conflict with any applicable conservation plan. Mitigation Measures: None Required. Sollrces: · Submitted Plans Tustin City Code Tustin. General Plan Tustin Zoning Map 10. MINERAL RESOURCES Items a & b - No Imf)act: The proposed project is not located' in the mineral resource recovery site and would not use nonrenewable resources in a wasteful or inefficient manner. American Senior Living CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003 Page 9 of 13 Mitigation Measures/Monitoring Required: Sources: Submitted Plans Tustin City Code. · " Tustin General Plan 11. NOISE None Required Items .c & d- Less. Than Sim~ificant Impact with Mitigation Incomoration: The development would result in short-term construction noise impacts. However, the Tustin City Code requires compliance with the City's Noise Ordinance and construction hours. Long-term noise would be increased due to increase in vehicle trips, air conditioners, landscape maintenance equipment, and any other noise associated with residemial development: However, anY development .within the City would be subject to the Tustin Noise standards. The increase in vehicle trips is not anticipated to exceed the City's noise standards of 65 CNEL for exterior noise level and 45 CNEL for interior noise level. The proposed project is three (3) story in height. Although the project is not located within the John Wayne Airpo/t flying'path, it is in close proximity to the incoming flights over the State Route 55 freeway to John Wayne Airport. The City, 'County and State criteria for Community'Noise Equivalent (CNEL) for residential uses is 65 dB consistent with the Tustin Noise standards. In accordance to the California Airport Noise Standards, John Wayne Airport performs quarterly noise monitoring at several locations. Based on the .quarterly noise abatement reports, the project is not located within the 65 CNEL area/noise impact area. As a result, no specific method of construction would be required to mitigate the unanticipated aircraft .noise impacts. The project, however; would be conditioned to meet City's noise standards. Mitigation Measures/Monitoring Required: The applicant shall comply with Tustin Noise Ordinance to limit all exterior and interior noise levels to the established standards. All construction operations, including engine wanu-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a~m. and 5:00 p.m. on Saturday, unless otherwise determined by the Community Development Director and/or Building Official. Construction activities are prohibited on Sundays and City observed Federal holidays. Sollrcesi Submitted Plans Tustin City Code Tustin Noise Ordinance American Senior Living CUP 99-007, DR 99-006, GPA 99-002, ZC 99~003 Page 10 of 13 Tustin General Plan Item a. b, e & f-No Immct: The proposed project would not create excessive ground vibrations, nor will it create a permanent increase in the existing ambient noise levels beyond the established standards. The site is not located within an airport land use plan or within two (2) miles of a public or private airport. The project woUld not expose people residing or working in the project area to excessive noise. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Code 12. POPULATION & HOUSING Items a, b, and c- No Imr~act: The proposed .project would construct a fifty-four (54) unit' senior housing project and increase the density in the area. The increase, however, would not be substantial in that new streets or new public services would need to be created. Nevertheless, the applicant has agreed to dedicate a ten (10) foot strip of land as a condition of'approval for furore street widening to accommodate the anticipated increase in vehicle trips. No growth impacts to the area are anticipated due to the Widening. .. The project site is currently vacant and the construction of a new apartment complex on a vacant land would not displace existing housing or displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. Mitigation Measures/Monitoring Required: NOne SourCes: Submitted Plans Tustin City Code Tustin General Plan 13. PUBLIC SERVICES Item a- No Imf)act: The proposed project would construct fifty-four (54) unit senior housing project. Although the project would increase the density within the area, the increase is not substantial in which new streets, public services, or infrastructure would need to be created. Nevertheless, the American Seni°r Living CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003 Page 11 .of 13 applicant has agreed 'to dedicate a ten (10) foot strip of land as a condition of approval for furore street widening to accommodate the anticipated increase of vehicle trips. Mitigation Measures/Monitoring Required: None Sources' Submitted Plans Tustin. City Code 14. RECREATION Items a & b- No ImCact: The project is not located in proximity 'to recreational facilities. The project would not increase the use of existing parks such that substantial deterioration of' the facility would occur or be accelerated, nor would the project include recreational facilities that would have an adverse physical effect on the environment. Mitigation Measures/Monitoring Required: Sources' Submitted Plans Tustin City Code None Required 15'. TRANSPORTATION/TRAFFIC Items b, c. d, e & f-No Imf)act: The proposed project is anticipated to generate approximately 216 weekday trips. The project would generate nine (9) AM peak hour trips and fifteen (15) PM peak hour trips. These anticipated trips were added to the Intersection Capacity Utilization (ICU) at the Newport Avenue and .Sycamore Avenue intersection, and the increase does not cause an appreciable increase in the ICU value. Hence, the Level of Service for Newport Avenue .and Sycamore Avenue is basically unchanged. Nevertheless, the applicant has agreed to dedicate a ten (10) foot strip of land as a condition of approval for furore street widening to accommodate the anticipated increase in vehicle trips. The proposed project would not result in changes to air traffic patterns, emergency access, level of service standards, or conflict with adopted policies, plans or programs supporting alternative transportation. Mitigation Measures/Monitoring Required: American Senior Living CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003 Page 12 of 13 Dedication of ten (10) feet of additional street fight-of-way along Sycamore' Avenue will be required for future street widening consiStent with the Orange .County and the City's Master Plan of Arterial 'Highway. The dedication shall be provided through an irrevocable offer of dedication and shall be recorded prior to issuance of building permits. Provide legal descriptions and sketches as Prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. Sources: Submitted Plans Tustin City Code Parking Analysis 16. UTILITIES & SERVICE SYSTEMS Items a, b, c, d, e, f & g- No Impact: The proposed project would not require modification to .existing utilities or need for additional utilities to serve the site. All necessary utilities are in place to serve the subject property. The proposed project would not. requ/re or result in the construction of new water or wastewater treatment facilities. The proposed project would utilize the existing storm drain system and thus would not require construction of a new storm water drainage facility. Adequate water supply from existing resources would be available to serve the proposed project. Mitigation Measures/Mo.nitoring Required: None Required. Sources: 'Submitted Plans Tustin City Code Tustin General Plan 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a~ b & c- No Immct: 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. 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. American Senior Living CUP 99-007, DR 99-006, GPA 99-002, ZC 99-003 Page 13 of 13 So]lrCeS.' Submitted Plans Tustin City Code Tustin General Plan S:\CDD~TJSTINA~urrent planning~EnvironmentaI~SL Attaohment A.doe CO .MMI. INITY DEVELOPMENT DEPARTMENT 300 Centennial 1W~, Tustin, CX 92 750 N.EGATtVE DECLARATION' Project Title: Conditional Use Permit 99-007, Desig~ Review 99-006, General Plan Amendment 99-002, and Zone Change 99-003. Project Location: 1101 Sycamore Avenue Project Description: Construction. of a fifty-four (54) unit senior affordable housing project, a General Plan Amendment to amend the existing land use. designation from Public & Institutional (P. &I) to High Density Residential to provide for residential, development on the project site,'a Zone Change to change the zonin_g designation from Suburban Residential (R-4) to Multiple .Family Residential (R-3) to provide for multiple family residential development, a Conditional Use Permit to conditionally permit'the proposed project in the R- 3 Zonhxg District and a Design RevieTM for the review of building design and site plamning. Project Proponent': City of Tustin, 300 Cemennial Way, Tustin, CA 92780 , Lead Agency Contact Person: Justina Willkom Telephone- (714) 573-3174 The Community Development Departmem has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the Califomia'Environmental Quality Act, and on the basis of that si-udy hereby finds' That there is no 'substantial evldence that the project may have a significant effect on the envirormxent. That potential sig-nificant effects were identified, but revisions have been hacluded in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a Point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. . Therefore, the preparation of an Envirormaental Impact Report is not required. The Initial Study which.provides the basis for'this determh~ation is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Corem .uffity Development Director, this review period may be extended if deemed necessary.. REVIEW PERIOD ENDS 4:00 P.M: ON MAY'8, 2001. Elizabeth A. Binsack Commu~ty Development Director Section E of Exhibit A of Resolution No. 3783 Comments and Responses Environmental Review for GPA 99-002, ZC 99-003, CUP 99-007 and DR 99-006 · . 1. A notice of the public review period required by California Environmental Quality Act (CEQA) for the Negative Declaration was published on April 19, 2001 in the Tustin News and mailed to property owners on May 4, 2001. The notice also indicated that the Planning Commission will Consider the project on May 14, 2001. Section 15073 of the California Environmental Quality Act indicates that the lead agency shall provide a public review of not less than twenty (20) days.' Section 15072 indicates a notice of intent to adopt a Negative Declaration shall be made available to the public by one of the following methods' 11) publication at least one time 'by the lead agency in a newspaper of general circulation; 2) posting notice by the lead agency On or off site in the area where the project is to be located; and, 3) direct mailing to owners and occupants of the property contiguous to the project. Consistent with the CEQA guidelines, the notice was published in the Tustin News on April 19, 2001 (see attached proof of publication). In addition, consistent with the Government Code Section 65091 (Planning, Zoning, and Development Law) regarding providing notice of a public hearing, a notice' of the public hearings was mailed to property owners within three hundred (300) foot radius and the property was posted with a notice of public hearing on May 4, 2001, ten (10) days prior to the public hearing on May 14, 2001. This notice also referred to the public review period. Source: California Environmental Quality Act (CEQA) Guidelines Planning, Zoning, and Development Laws 2. Item No. 11 of Section D of Exhibit A of Resolution No, 3783 analyzes noise impacts that may result from the construction of a senior housing project. The analysis'discusses short-term and 'long-term construction noise impacts. The development would result in short-term noise impacts associated with construction activity. However, the Tustin City Code requires compliance with the City's Noise Ordinance and construction hours. Condition 'No. 1.15 restricts all construction operations, including engine warm-up and deliveries of materials subject to Tustin Noise OrdinanCe to take place only between the hours of 7:00 a.m. and 6'00 p.m., Monday t'hrough Friday, and between 9'00 a.m.. and 5:00 p.m..on Saturday. Construction activity is not anticipated to Section E'of Exhibit A of Resolution No, 3783 Comments and Responses GPA 99-002, ZC 99-003, CUP 99-007, and DR 99-006 Page 2 of 4 generate significant noise Ordinance. levels beyond limits imposed by the Noise Long-term noise would increase slightly due to increases in vehicle .trips, air. conditioners, landscape maintenance equipment, and any other noise associated with residential development. The increase in vehicle' trips is projected to be 216 weekday-trips and the noise anticipated from air conditioners and landscape maintenance equipment is expected to be similar to normal residential uses. The increase of the noise level' resulting from the project is not anticipated to exceed the City's noise standards of 65 CNEL for exterior noise level' and 45 CNEL for interior noise level. As such, the noise associated with the project is not anticipated to be significant. The. proposed project is three (3) floors .in height. Although the project is not located within the John Wayne Airport flight pattern, it is in close proximity to the incoming flights over the State Route 55 freeway to John Wayne Airport: !n accordance to the California Airport Noise Standards', John Wayne Airport performs quarterly 'noise monitoring at several locations. Based on the quarterly noise abatement reports, the City'S Acoustical COnsultant (Wieland Associates, Inc.) estimates the aircraft-generated CNEL experienced at the project site is .55 dB, well below the City's noise standard of 65 dB (see attached Noise Contours). He. further indicates that it is possible, under the right conditions to reflect aircraft noise off the proposed three-story building. This could increase single event aircraft noise levels by 1 or 2 dB. Under these "wors,t case" conditions, the aircraft-generated CNEL might increase to 57 dB. This is still well below the City's Standard of 65 dB. Therefore, no specific method of construction would be required 'to mitigate .the unanticipated aircraft noise impacts. However, Condition No. 1.13 has been placed to ensure that the project complies with Tustin Noise Ordinance to limit all exterior and interior noise sources and levels to the established standards. Based upon analysis on potential noise, all impacts could be mitigated to a level of insignificance. Therefore, an Environmental Impact Report is not required. Source: John Wayne Airport Noise Abatement Quarterly Report. David Wieland, Inc. findings dated May 10, 2001. 3. The Newport Avenue extension project and SR-55 freeway ramp reconfiguration have been delayed in the past primarily due to funding constraints and right-of-way acquisition issues. The construction of these projects was scheduled to begin in 2002, however, the City is currently reviewing its Capital Improvement Program budget and these projects may be further delayed due to funding and' right-of-way constraints. Section E.of Exhibit A of Resolution No, 3783 Comments and Responses GPA 99~002, ZC 99-003, CUP 99-007, and DR 99-0'06 Page 3 of 4 Source: Doug' Anderson, City of Tustin Engineering Division. 4. Sycamore Avenue currently serves as a route, to three schools in the area. it also serves as a link to the SR-55 freeway. Sycamore Avenue is designated as a four-lane secondary arterial highway on the Orange County Master Plan of Arterial Highways .and on the City's Arterial Highway Plan in the General Plan. As such, Sycamore is planned to accommodate approximately 25,000 vehicles per day in the future. Currently, there are 7,100 vehicles per day on. Sycamore Avenue, which indicates an acceptable level of traffic service. There are occasions during the school drop-off and pick-uP times that Sycamore Avenue is highly, congested with vehicles' as well as pedestrians. However, this is typical of traffic near all schools at these times of the day and is a temporary condition, which lasts approximately 30-minutes in the.morning. and 30-minutes in the afternoon during the weekdays. According to the Tustin Police Department there have not been reports nor citations of double parked vehicles to accommodate drop-off or pick-up activities near the. schools on Sycamore Avenue. SouFce; Doug Anderson, City of Tustin Engineering Division. City of Tustin Police Department 5. Legally parked vehicles on Sycamore Avenue' do not block nor restrict traffic flow on the roadway. Vehicles attempting, left-turns may slow and could stop traffic momentarily to co.mplete turns but cause only minor inconveniences fer drivers on Sycamore Avenue. .. Source: Doug Anderson, City of Tustin Engineering.Division. 6. The traffic proposed to be generated from the American Senior Living project equates to 216-weekday trips as indicated in the Institute of Transportation Engineers Trip Generation Manual. The project is anticipated to generate 9 AM peak hour trips and 15. PM peak hour trips. When these trips are added to the existing traffic volumes .on Sycamore Avenue there is a negligible change in the level of traffic service on the roadway. The volumes from the project were' also added to the.Sycamore Avenue/Newport Avenue intersection volumes and the Intersection Capacity Utilization (ICU) was reviewed for possible impacts. The result was a negligible change in the ICU numbers. In .conclusion, the added trips attributable to the proposed project will not result in a decrease in traffic levels of service to Sycamore Avenue or the intersection of Newport Avenue/Sycamore Avenue. o · Section E of Exhibit A of Resolution No, 3783 Comments and..Responses GPA 99-002, ZC 99-003, CUP 99-007, and DR 99-006 Page 4 o.f 4 The property is currently zoned R-4 which would allow for a twenty-five (25) unit apartment to be built 'on the site. The trip generation for a twenty-five (25) unit apartment equates to t66 weekday trips with 13 AM peak hour trips and 16 PM peak hour trips. Compared.~o the proposed senior housing project, the weekday trip generation for a twenty-five (25) unit apartment is less, however, the peak hour trips are higher. For traffic 'analysis purposes, peak hour traffics are the essential information in determining if a project would have a traffic problem. In summary, compared to the use which.would be allowed under.the existing zoning, the proposed senior housing, project would create less peak hour trips. , Based on the above information, pursuant to the CEQA guidelines, and mitigation measures that have been made as a condition of approval, an. Environmenta Impact Report is not required. 'Source: Doug Anderson', City of,Tustin Engineering Division. · S:\CDD~JUSTINA\current planning~ASL Comments and Responses.doc ' .J~FFIDAVIT OF PUBLICATION SrXT oF CA rEO NIA, ) Cmm y of ). I ~ a circa cftc U~ted of ~e Com~ afor~ai~ I ~ ov~ ~ ~ of d~teen ye=s, ~d not a p~ clerk of. The Tus~ News, a new~ap~'~at . has been adjudged to be a ne~ap¢r of ckc~afion by ~¢ Superior Co~ of ~e Co~ of ~~ge,. State of C¢Mo~ on Au~ 24, ' . 1928, Case No. A-601 ~ md for ~ Ci~ of Tm~ 'Co~ of Orange, State of ~at ~e notice, of which ~e p~ted copy, ~ been pub~sh¢d ~d en~¢ issue of said newsp~er ~d not ~ any ~t: April i9, 2~1 . "I certi~ (or'declare) under the penalty of perjury under the laws of the State of California that the foregoing is tree and correct": . Executed at Santa Ana, Orange County, Califomia, on Date: April 19, 2001 The Tustin News 625 N. Grand Ave. Santa Aaa, CA 92701 (714) 796-7000 ext. 3002 , · Pr, of of Publimfiva.. of WIELAND ASSOCIATES, 1W.C. Est/mated Location of John Wayne Airport Noise Contours, 2000 l OI-IN WAYNE AIRPORT · JOHN WAYNE AIRPORT 2000/~u'~INU~'60, 65, 70 and 75 CNEL NOISE CONTOURS Leonard "Mark" Markwitz 14761 Del Arno Ave. Tustin, CaHf, 92780 (714). 544-8584 mnarkl~pacbell, net RECE,'"'I E' D' hlAY' O 9 .ZOO1 'i CO tgtlNIF DE .L OPMEN 7 May 7, 2001 Ms. Justina W'~om Community Development Dept. · 300 Centeoniol Way Tusfin, CA 92780 Ms. Willkom, I am concerned that there is not an Environmental Impact Report contemplated for the Conditional Use Permit 99-007 Design Review 99-006 General Plan Am¢~clrnent 99-002 and Zone ChartEe 99-003. Let me ask why the nearby affected homes were not provided information earlier regarding this project. I received the Office Notice of Public Hearing flyer on Saturday May 5t~ showing a mailing date of May' 4~h. W'~ the flyer,' it is stated that a review period was slated for April 19 through May 8~. In that our mail delivery service is 'received between the hours Of ~,e to .five thirty in the eveninE there was nothing that could be done 'until Monday the 7a' at the earliest thus giving us just one day for the review. Why was this fly~ delayed ia its m~iling? Was it so that people would not bother to look into this matter and thus it could fly through without any outside corniness? My concern for this project falls imo two categories. First, noise via the echo affect, and second, the tra c. · As a'matter of history, let me state that I have lived in.the above listed address since the home was built in 1962. At'that time all the adjacent properties were orange groves. John Wayne. Airport had reciprocating aire~ ete, at some time a~ we moved into this home; we did receive a flyer informing us that the lot, which was located directly behind our home, was scheduled to receive a two-story build~, This, at that time, did.not alarm us since we had some two-story homes erected directly to the. south of our residence. However, unbeknown to us, t]~ two-story stru~e was aery built on top of a garage. This two-story structure is, for all practical purposed, a three-story stru~e. This information was not provided to us; thus my concern for this new project. As time will have it, John Wayne traffic increased and along with that the jet aircra~ became into Play which a~er still further growth, we arc currently forced to live with the' lanBinE approach to John Wayne berg designated directly over the Costa Mesa fi'eeway (55). Air traffic 'should fly directly over the freeway- which they, at times, do not. Aircraft are fi~ over my home, or close to my' home many times during the time allotted for their landings. .. o, 2. W'~ the eurrem flight path to John Wayne. Airport, and when the airer~ are near, or at times directly over my home, those airem~ are ready for landing with their landing gear down and flaps extended. These aircraft are noisy believe me. With this background, I would now like ~o introduee the "echo after" which I have had ~o endure since the eonsmacfion of. the three-story structure directly 'behind my residence. Every time an aircraft sways ~om its assigned flight path and wanders near of over my home the noise has an "echo affect" caused by the tall structure behind me. It is with this concern that I would like to have an Enviromen~ Impam Report made. This report should encompass a reading of the decibel noise prior to eonstrucfi°n of this project and again after it is completed. I feel that a decal>el reading should be taken to show what will happen and what could happen to the three story structures with the "echoes affect" 'between the b~dings.. Traffic - Ex-Counc~man Po.tts, during is fa'~. election advocated that he would undertake the extension of Newport Blvd. to include the on and off ramp of the Costa Mesa FreewaY (55). Mr. Potts was the dee. ted Mayor of Tustin twice and was re-elected many times but to this date, no extension has constructed. This has been shelved from year to year. It is currently sehe&tled to start, prior t° it being postponed again, next year 2002. Traffic on Sycamore has had to endure the vehicular traffic for three schools, which are · . located on Symmore, Normal traffic ex)ming off the Costa Mesa Freeway, plus truffle from Tusfin 'Meadows, 'uti'li:,es Sycamore to gain access to the freeway. On rainy days, when the schools are in session, mfllic is tern'big with parents attempting to pick up their children from the schools. There are not enough parking spaces to do this. This has caused the parents to dOuble park and thus mopping truffle. Parked automobiles on Sycamore restrict Ixaffic both ways so that'a vehicle making a left mm would stop all traffic behind'it. Thi.~ traffic will certainly increase with this new contemplated project. The vehicular traffic on Sycamore would come to'a crawl It is therefore requested that a thorough Environmental Impact Report be made for the noise, and also for the traffic that this project would provide. It is also advised that this project should be looked .at for a posm'ble other location since the smmmm' Would require ceiling and wall insulation plus double pane Windows for the noise factor which is not the ideal situation for the age bracket of individuals who are being contemplated as residence for this project. Section F Mitigation Measures Monitoring Schedule Negative Declaration American Senior Living 1101 Sycamore -Avenue Mitigation Measures Time of Implementation Responsible Party • Roofing materials shall be full dimensional architectural • Prior to Issuance of Building Permits • Applicant composition shingles with color and manufacturer to be . Prior to Final Inspection Contractor approved by the Community Development Director and the • Community Development Redevelopment Agency. Department • All rooftop equipment shall be fully screened from public view. • A minimum of four (4) inch trim on all windows shall be provided. • The foam strips shall be treated with hard surface to create a grade separation between the two different stucco types. • A minimum six (6) foot high decorative block wall shall be constructed along the east, north, and west property lines with the exception of the front setback area where the wall shall be reduced to a maximum of three (3) feet. The block wall shall be treated with anti -graffiti materials. • The wrought iron fence along the front shall be painted a flat green color to complement the landscape area. • No fence or walls within the required front yard setback shall Section F Mitigation Measures Monitoring Schedule Negative Declaration American Senior Living. 1101 Sycamore Avenue Mitigation Measures exceed three (3) feet in height. • The site shall. be landscaped consistent with the City's Landscaping and Irrigation Guidelines. Landscaping shall consist of a combination of berming and sufficient numbers of shrubs and trees to provide adequate screening, subject to the satisfaction of the Community Development Director. • Perimeter landscape materials adjacent to the carports shall include a minimum of four (4) feet to six (6) feet high shrub hedges. • A precise landscape and irrigation plan including landscape grading, backflow preventors, and timers shall be reviewed and approved by the Community Development Director prior to issuance of a building permit. • Parking lot lighting shall be arranged so that direct rays do not shine on adjacent properties. Lighting fixtures and intensity of lighting shall be subject to the review and approval of the Community Development Director. At Building Plan Check, manufacturer's details of all lighting fixtures and a lighting plan which identifies the location, type of fixtures, and intensity (photometric study) of all exterior building -mounted and free-standing lighting shall be provided. All light fixtures shall be architecturally compatible with proposed structures. Time of Implementation I Responsible Party Section F Mitigation Measures Monitoring Schedule Negative Declaration American Senior Living 1101 Sycamore Avenue. Mitigation Measures Time of Implementation Responsible Party i. Prior to issuance of building permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on site to control predictable pollutant run-off. ii. This WQMP shall identify the following.- structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment- of long-term maintenance responsibilities (specifying the developer, parcel owner,. properly maintenance, lessee, etc.); and, reference to the location(s) of structural BMPs. • All necessary precautions and preventive measures shall be in place in order to prevent material from being washed away by surface waters or blown by wind. These controls shall include at a minimum: Regular wetting of surface or other similar wind control method, installation of straw or fiber mats to prevent rain related erosion. Detention basin(s) or other appropriately sized barrier to surface flow must be installed at the discharge point(s) of drainage from the site. Any water collected from these controls shall be appropriately disposed of at a disposal site. These measures shall be added as general notes on the site Section F Mitigation Measures Monitoring Schedule Negative Declaration American Senior Living 1101 Sycamore Avenue Mitigation Measures Time of Implementation Responsible ponsible Party . C' • i� of Tustin Public Works • All construction activity shall comply with the requirements • During grading and construction of the City of Tustin Grading Manual which requires frequent • - Corr�muruty Development watering of the project site to control dust and prohibiting Department grading during second stage smog alerts and when wind 0 Contractor velocities exceed 15 miles per hour. • Prior to i issuance of grading permit and • • City of Tustin Public works • All grading, drainage, vegetation and circulation shall comply p y with the City of Tustin Grading Manual. All street sections, during gradin and construction. g • • Community Development curbs, gutters, sidewalks, lighting and storm drain shall Department. comply with on-site improvement standards. Any deviations • Contractor shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. • Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on- site Private Improvement Standards. • All site drainage shall be handled on --site and shall not be permitted to drain onto adjacent properties. • The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: Section F Mitigation Measures Monitoring Schedule Negative Declaration American Senior Living 1101 Sycamore Avenue Mitigation. Measures -Time of Implementation Responsible Party plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project construction. • Appropriate controls shall be installed to prevent all materials from being tracked off-site by vehicles or other means. These controls may .include gravel exits or wash -down areas. Any materials -tracked off-site must be removed - as soon as possible, but no later than the end of the operation day. This material shall be disposed of at an appropriate disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project construction. • The applicant shall comply with Tustin Noise Ordinance to • During construction and operation of • Community Development limit all exterior and interior noise levels to the established the project Department standards. If after project completion it is determined that the • Contractor noise level exceeds the established standards, the applicant shall perform a noise study by a professional acoustical engineer and shall bring the project into compliance. • 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 Section F Mitigation Measures Monitoring Schedule Negative Declaration. American Senior Living 1101 Sycamore Avenue Mitigation Measures Time of Implementation Responsible Party only between the hours of 7:00 a.m. and 6:00.m., Monday y through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Community Development Director and/or Building Official. Construction activities are prohibited on Sundays and City observed Federal holidays. • Prior to issuance of any permits • • Public Works/En gineering • Dedication of ten (l0) feet of additional street right-of-way along Sycamore Avenue will be provided for future street • Community Development widening consistent with the Orange County and the City's Department Master Plan of Arterial Highway. The dedication shall be • Applicant provided through an irrevocable offer of dedication and shall be recorded prior to issuance of building permits. Provide legal descriptions and sketches as .prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to Engineering Division for review and approval. SACDDVUSTTNAku;rent p[anning\EnvironmentahASL monitoring program.doc