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11 GENERAL PLAN AMENDMENT 2019-00001 AND DESIGN REVIEW 2019-00019 (1042 SAN JUAN)
DocuSign Envelope ID: E73BD1 31 -133E7-41 C2-8131 0-02CC97182709 MEETING DATE TO: FROM: SUBJECT: SUMMARY: AGENDA REPORT MARCH 2, 2021 MATTHEW S. WEST, CITY MANAGER Agenda Item _11_ Reviewed:�� City Manager Finance Director N/A JUSTINA L. WILLKOM, COMMUNITY DEVELOPMENT DIRECTOR GENERAL PLAN AMENDMENT 2019-00001 AND DESIGN REVIEW 2019-00019 FOR THE DEVELOPMENT OF TWO DUPLEX BUILDINGS AND ONE DETACHED SINGLE-FAMILY RESIDENCE, AND THE PRESERVATION OF ONE SINGLE-FAMILY HISTORIC RESOURCE The project is a request for infill construction at 1042 San Juan Street consisting of two (2) duplexes, one (1) detached single-family residential structure and the preservation of an existing single-family residence, for a total of six (6) residential units at 1042 San Juan Street. The proposed project requires the approval of General Plan Amendment (GPA) 2019-00001 to amend the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) at 1042 and 1052 San Juan Street. 1052 San Juan Street is included in this application for General Plan consistency only. Design Review (DR) 2019-00019 is for the building design and site layout for the proposed residential project located at 1042 San Juan Street. On February 9, 2021, the Planning Commission adopted Resolution Nos. 4420, 4421, and 4422 recommending that the City Council approve the proposed project. On February 16, 2021, the Community Development Department received notification that the property ownership has transferred to a new property owner, as listed below. The new property owner has provided staff with written communication indicating their desire to proceed with the filed applications for the proposed project (Attachment K). 7 DESIGN AND DEVELOPMENT 188 TECHNOLOGY DRIVE, SUITE N IRVINE, CA 92681 PROPERTY OWNER: LANDMARK 3T, LLC C/O TONY LAM 9741 BOLSA AVE. WESTMINSTER, CA 92683 DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 2 PREVIOUS PROPERTY OWNERS: CHRISTOPHER KELLSTROM 1042 SAN JUAN STREET TUSTIN, CA 92780 RECOMMENDATION: That the City Council adopt: RONALD C. WEBBER 17092 OLIVE GROVE LANE SILVERADO, CA 92676- 92719 1. Resolution No. 21-12, finding that the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) are adequate for GPA 2019-00001 for 1042 and 1052 San Juan Street and DR 2019-00019 for the proposed project at 1042 San Juan Street. 2. Resolution No. 21-13, approving GPA 2019-00001 to change the properties' General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) at 1042 San Juan Street and 1052 San Juan Street. 3. Resolution No. 21-14 approving DR 2019-00019 for building design and site layout for two (2) duplexes and one (1) single-family residence and the preservation of an existing single-family historic resource at 1042 San Juan Street. FISCAL IMPACT: The filed entitlements applications, GPA 2019-00001 and DR 2019-00019, are applicant - initiated and application fees and project costs are paid for by the applicant. There is no fiscal impact to the General Fund. CORRELATION TO THE STRATEGIC PLAN: The proposed project furthers the objectives of the following Strategic Plan goals: • Goal A: Economic and Neighborhood Development — The proposed project would enable business opportunities and job development, and enhance the vibrancy and quality of life in the community. • Goal B: Public Safety and Protection of Assets — The proposed project would ensure Tustin is an attractive, safe and well-maintained community in which people feel pride. DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 3 APPROVAL AUTHORITY: • General Plan Amendment: Government Code Section 65358 authorizes the City Council (legislative body) to amend the General Plan if it deems it to be in the public interest, following a recommendation from the Planning Commission. The City Council is required to hold at least one (1) public hearing prior to amending the General Plan. • Design Review: TCC Section 9272 authorizes the Community Development Director to consider a DR application-, however, since the proposal includes other entitlement applications that require City Council approval, DR 2019-00019 is forwarded to City Council for consideration. BACKGROUND: Site and Location The proposed residential development (1042 San Juan Street) is located on the southerly side of San Juan Street within the Multiple Family Residential (R3-2000) zoning district and is designated as Community Commercial (CC) by the City's General Plan (Figure 1). The property consists of an 18,557 square foot (0.423 acre) double wide lot which fronts onto San Juan Street with rear access along a public alley. The property is improved with one (1) residence and a detached two -car garage. The existing residence is listed as a historic resource in the City's Historic Resources Surveys. However, the detached garage was constructed in 2020 and is not a listed historic resource. 1 ClflT f! � I , � J \ • A � � i • °1 ext / ?/' •l by I1f Figure 1 DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 4 Adjacent properties located to the west along Newport Avenue include large and small commercial centers in the Downtown Commercial Core Specific Plan (DCCSP). Residential properties lie to the north, south and east. The surrounding residential properties are primarily one (1) and two (2) -story structures used for duplex and multiple family residential uses and are zoned R2 (Duplex Residential) and R3-2000 (Multiple Family Residential), where the 2000 suffix corresponds to the minimum lot area per dwelling unit. Properties across San Juan, to the northeast, are zoned R2 and consist of one-story apartment complexes. The streetscape along the entirety of San Juan Street consists of a mix of one (1) to three (3) story single-family homes, multi -family apartment buildings and institutional uses. Subject Properties The existing residence located at 1042 San Juan Street is identified in the City's 1990 Historic Resources Survey as a Colonial Revival style home constructed in 1907 by Edward E. Smith, a local walnut grower. The survey describes the residence as a good example of a Colonial Revival house, with craftsman influence, and is significant to the city because of its architectural style. The residence is listed in the City's 2003 Historic Resources Survey with a 5S3 code, which indicates the resource appears to be eligible for local listing or designation through survey evaluation. The residence's character defining features include a hipped roof featuring gabled wings to the front and east side, crisscross latticework venting, carved triangular braces and a row of decorative knobs accenting the gable faces, wrap-around porch on the front and west sides with pairs of narrow wood posts that support the porch roof (Attachment C). The proposed residential development would retain and preserve the existing historic structure on the property at 1042 San Juan Street (Figure 2). 1052 San Juan Street Figure 2 1042 San Juan Street The property at 1052 San Juan Street, is included in this application for a GPA only for General Plan consistency with the existing Multiple -Family Residential (R3) zoning. The improvements on this property are not proposed to change and consist of a two (2) -story, four (4) unit apartment building with carports and open parking at the rear of the property with access from the alley. The apartment building was constructed in 1981 and, at 40 years of age, is not considered a historic resource. DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 5 PROJECT DESCRIPTION: The applicant proposes the development of two (2) new duplexes and one (1) detached single-family residential structure and the preservation of an existing single-family residence, for a total of six (6) residential units at 1042 San Juan Street. Each new unit would have its own attached two (2) -car garage on the ground floor and the existing single-family residence has an existing detached two -car garage on the site that will remain (Attachment D). A complete discussion of the project features is provided under "Design Review" below. General Plan Amendment In 1977, prior to annexation to the City, the properties' Single -Family Residential (SF) General Plan Land Use Designation was changed to Multiple -Family Residential (MF) by the Tustin City Council (Resolution No. 77-38; GPA 77-1(c)). In 1994, the land use designation of MF was subsequently changed to Community Commercial (CC) during the City's comprehensive General Plan Update (Resolution No. 94-19). The current zoning of R3-2000 was never changed to be consistent with the General Plan Land Use Designation of CC and the properties have historically been used for residential purposes. The subject properties are the second and third parcels located east of Newport Avenue on the southerly side of San Juan Street. These two (2) properties are the only two (2) residentially used properties on San Juan Street with a Community Commercial General Plan Land Use Designation and a Multiple -Family Residential (R3) zoning Designation. All of the other residentially used and zoned properties on San Juan Street have a General Plan Land Use Designation of High Density Residential (HDR). The applicant is requesting to return the General Plan Land Use Designation to a designation that allows for the construction of two (2) duplexes and a detached single-family structure. Existing General Plan - CC Proposed General Plan - HDR DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 6 As proposed, the project supports the following General Plan Land Use Element Goals and Policies: Policy 1.1: Permit compatible multi -family development to meet regional housing needs where best suited from a standpoint of current development, accessibility, transportation and public facilities. 2. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. 3. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances and other City ordinances, regulations and standards. 4. Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods, and safeguard neighborhoods from intrusion by non- conforming and disruptive uses. 5. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. 6. Policy 6.6: Improve the overall quality of Tustin's multi -family neighborhoods through: a) improved buffers between multi -family residences and adjacent freeway edges, commercial and industrial uses; b) provision of usable private and common open space in multi -family projects; c) increased code enforcement; and d) improved site, building, and landscape design. 7. Policy 10.3: Encourage outdoor pedestrian spaces, such as courtyards, arcades and open landscaped passages, to be integrated into new development. Senate Bill (SB) 18 /Assembly Bill (AB) 52 Senate Bill (SB) 18 requires notification to California Native American Tribes of the opportunity to consult for the purpose of preserving or mitigating impacts to cultural places located within the area of the project when a project proposes a GPA. Similarly, Assembly Bill (AB) 52 requires lead agencies to consider the effects of projects on tribal cultural resources and to conduct notification and consultation with Native American tribes that are traditionally and culturally affiliated with the geographic area of the proposed project, prior to the release of a negative declaration, mitigated negative declaration, or environmental impact report. In accordance with SB18 and AB52, the City obtained a list of local tribes from the Native American Heritage Commission and provided notification of the required thirty (30) day consultation period. One (1) tribe, the Gabrieleno Band of Mission Indians - Kizh Nation ("Kizh Nation") listed under the State of DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 7 California Native American Heritage Commission Tribal Contact List for the area requested and participated in consultation with the City. Tribal consultation commenced on December 23, 2020. During the consultation process, the tribe requested a tribal monitor be on site during ground disturbing operations due to its proximity to tribal cultural resources and an area that has cultural value. Thus, mitigation measures were drafted to include a tribal monitor agreeable to the tribe during all ground distributing operations. In accordance with Public Resources Code Section 21080.3.2(b)(2), all parties have acted in good faith in consulting regarding the Project. The mitigation measure is included in the MND and the MMRP. Design Review The proposed detached, two (2) -story single-family residence facing San Juan Street is 1,998 square feet and comprised of four (4) bedrooms, three (3) bathrooms and an attached two (2) -car garage. This new residence has its primary elevation facing San Juan Street and is designed to reflect the features of the Colonial Revival architectural style of the existing historic resource that will remain on-site. The architectural features that will be used for the new single-family residence include a front porch, similar but differentiated roof structure, pitch and gables, gable brackets, hardi-plank lap siding as opposed to natural wood siding, wood framed windows, wood doors and railing system and similar lattice work venting. Primary differences include grouped or "ganged" multi -paned windows that are commonly used to let in natural light and frame views to the exterior, porch posts style and the addition of a fireplace chimney. Figure 3 Proposed Site Plan -_ - �p��� - i�3�953L �� -- - �■ did � ■��■■� it n n - �� :LAW aslit _ ... Ir���,_I■_I■_ISI � I;III III• �. .. II;II� ;111;1 ,,�, ,�,�,� °' ��,�IIIIIIIIIIIIIIIIIIIIII��■� 111: �1111� I Mill 1 M e ■ _ - IIIA■ __ �■ SII ��������■� Figure 3 Proposed Site Plan DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 8 �cf�-.�Tcr��r•a /V!• �"M brm TV" u' Figure 4 Street View Facing North on San Juan Street The two (2) duplex buildings would be sited at the rear of the property oriented across from each other. These units are each 1,995 square feet. Each unit is three (3) stories, with a two (2) car garage and a studio on the ground floor. The second floor includes living space and features a balcony and plant boxes facing the driveway to add articulation and interest to the elevations. The exterior of the second and third floors would be clad in hardiboard siding with single -hung, ganged (or grouped) wood windows. The third floor would overhang the first and second floors by three (3) feet for additional articulation. Three (3) bedrooms and two (2) bathrooms would be located on the third floor. Parking for all units, including the guest parking, would be accessed from the public alley located at the rear of the property. The existing driveway apron and driveway on San Juan Street will be removed and new curb, parkway and sidewalk will be reconstructed as part of the project. This project design preserves the single-family feel to the south side of San Juan Street with two single-family residences on the project frontage. The project includes 1,900 square feet of common area featuring a barbecue and picnic tables, dog run and a play area for children for use by the residents. The project meets the minimum landscape area requirement of thirty-five percent (35%) of the site (6,300 square feet). The project proposes to add twenty (20) new trees to the site in addition to the existing Cypress trees which provide screening along the east side of the property. Proposed landscaping will be provided in compliance with the City's Mandatory Water Efficient Landscape Ordinance (MWELO). Low profile pole lighting and landscape lighting is proposed in parking, walking and common areas, and the project is conditioned to provide a photometric plan at plan check. DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 9 Front View Facing EastMest Alley View Facing North Rear View Facing EastMest Utility improvements will be provided as needed to serve the development and will be located underground. DISCUSSION: The project includes the development of two (2) duplex buildings, a detached single-family residential structure and the preservation of an existing historic resource all of which would not be for sale, but would be rentable. GPA 2019-00001 would return the property to the high density residential General Plan Land Use Designation which is consistent with other residentially used properties along San Juan Street. The neighborhood is built -out within an urbanized area and has been developed for residential purposes. The project meets the applicable development standards of the Multiple -Family Residential (R3 2000) zoning district. The proposed duplex structures would be among the few three (3) -story structures on San Juan Street. In 2015, two (2) and three (3) story homes were approved at the intersection DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 10 of San Juan Street and Utt Drive. Similar to that development, the proposed project would have one (1) and two (2) story residential structures along the street frontage which continues the pattern and rhythm of the streetscape with adequate setbacks, architectural articulation and other features that soften the transition to the proposed three (3) story duplexes. Tustin High School, located a short distance from the project, also has multi -story buildings and bleachers along San Juan Street, so the height is consistent with other structures in the neighborhood. Construction of two (2) duplex buildings and a detached single-family structure will not have a significant impact on the historical resource. Staff has included precautionary mitigation measures in the MND to protect the resource against damage during construction. ENVIRONMENTAL: CEQA requires public agencies to evaluate the project to determine if there is a possibility that the project may have a significant effect on the environment. A project that may cause an adverse change in an historical resource is considered a project that may have a significant effect on the environment. A historical resource is one that is identified in a local register such as Historical Resources Survey or it could involve Native American Cultural Resources. The property at 1042 San Juan is listed in the 1990 and 2003 City of Tustin Historical Resources Surveys as a historical resource. Although the project does not propose to modify or demolish the existing historic resource, there is a possibility that the construction could cause unexpected damage to the resource. Therefore, the City evaluated and circulated an Initial Study and MND to evaluate the impact of the project on the environment. The draft MND was made available for public review from January 7, 2021 to January 27, 2021 and is included as part of Attachment E. PUBLIC OUTREACH: On January 7, 2021, City staff provided the following project notifications: • Published and posted a Notice of Intent to Adopt MND and public review period in the Tustin News and on the County Clerk/Recorder website; • Created a project webpage on the City's website which provides information related to the project and a link to the Initial Study/MND; • Mailed a Notice of Public Hearing and Notice of Intent to Adopt a MND to sixty-five (65) property owners within a 300 foot radius of the project site; and • Posted notices on the project site in two (2) locations. On February 18, 2021, the City provided additional project notifications: • Published a Notice of the Public Hearing and Notice of Intent to Adopt a MND of Intent to Adopt a MND in the Tustin News; DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 11 • Mailed a Notice of Public Hearing and Notice of Intent to Adopt a MND to sixty-five (65) property owners within 300 feet of the project site; and • Posted notices on the project site in two (2) locations. Review by Outside Agencies The lead agency is also required to provide a notice of intent to adopt a negative declaration to the public, responsible agencies, trustee agencies and the County Clerk prior to adoption of the MND. The notice was mailed and sent to the County Clerk and outside agencies on January 7, 2021. To date, three (3) agencies have provided comments, which are also included as part of Attachment E and summarized below: 1. The Irvine Ranch Water District (IRWD) confirmed that the project is not within IRWD's service area and that project should have no impacts to IRWD. 2. Tustin Unified School District (TUSD) noted that residential school fees, levied pursuant to Education Code Section 17620 and Government Code 65995 will be applicable for the new residential units to be constructed at the rate of $4.08 per square foot. 3. Orange County Fire Authority (OCFA) indicated that the project is subject to review by OCFA for construction document plan checks for fire life safety codes and regulations under the CBC, CFC and related codes. Public Comments The City received email correspondence from one (1) individual related to the project (Attachment F). In summary, the concerns raised include the following: • Parking in the San Juan Street neighborhood; • Lack of use of garages to park/store vehicles; • Benefits of traditional driveways leading to residences; • Parking in front yards; • Value of the ability to comment during City Council meetings; • Time to review agenda reports prior to the public hearing; • Massing of structures; and • Opposition to the GPA and MND. The comments have been considered and recommendation to approve the project is supported by the findings outlined in the adopted Planning Commission resolutions and City Council Draft Resolution Nos. 21-13 and 21-14. DocuSign Envelope ID: 131 B5D091-484E-411 F-83A0-88F4230A6D19 City Council Report March 2, 2021 1042-1052 San Juan Page 12 PLANNING COMMISSION ACTION AND RECOMMENDATION On February 9, 2021, the Planning Commission considered the project and adopted Resolutions 4420, 4421, and 4420, recommending the City Council approve the proposed project. City Council Resolutions are attached for your consideration (Attachments, E, I, and J). In addition, the Planning Commission draft meeting minutes, which include Commissioners' comments, and the approved resolutions, are provided in Attachments G and H. In making the recommendation to the City Council, the Planning Commission found the MND adequate for the proposed project described in applications GPA 2019-00001 and DR 2019-00019; the project meets the applicable development standards set forth in the R3 2000 zoning district and would be consistent with the proposed General Plan Land Use Designation; that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and approval of GPA 2019-00001 will bring the zoning and General Plan land use designation into conformity with the existing land uses on the subject properties. EDocu Signed by: VtVJ_ 9AC4AD DocuSigned by: � u �. In�i�,Q.k 6 ,. ED45DA2623654A5... Elaine Dove Justina L. Willkom Senior Planner, AICP Community Development Director Attachments: A. Location Map B. Land Use Fact Sheet C. Historic Resources Surveys Excerpts (1990 & 2003) D. Submitted Plans E. City Council Resolution Resolution No. 21-12 (Mitigated Negative Declaration, Outside Agency Comments and Mitigation and Monitoring Reporting Program for GPA 2019-00001) F. Correspondence received G. Planning Commission Draft Minutes H. Planning Commission Resolution Nos. 4420, 4421, and 4422 I. City Council Resolution No. 21-13 (GPA 2019-00001) J. City Council Resolution No. 21-14 (DR 2019-00019) K. Correspondence from Tony Lam dated February 27, 2021 ATTACHMENT A LOCATION MAP 300 foot, 500 foot, and 1,000 foot Radius Map Location Map 1042/1052 San Juan Street Project # DR-2019-00019/GPA 2019-00001 1,000 foot 500 foot 300 foot ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): DR -2019-00019 / GPA 2019-00001 2. LOCATION: Approximately 130' east of Newport Avenue on the South side of San Juan Street 3. ADDRESS: 1042 San Juan Street and 1052 San Juan Street 4. TRACT: Martins Addition. Lot 8. Block A and Lot 9 Block A 5. APN: 500-153-18 (1042 San Juan Street) and 501-153-17 (1052 San Juan Street) 6. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: a. V2016-0213 — Unpermitted Construction (1042 San Juan Street) b. COMBR-2019-00290 (Building Permit Expired) Demolish Existing Single -story "Hobby Room" and surrounding structures, add detached 2 -car single -story garage (1042 San Juan Street) c. PR -2018-00001 — Preliminary review of proposed project comprised of adding five (5) residential units and a two -car, single -story garage and retaining existing historic resource on site (1042 San Juan Street). 7. SURROUNDING LAND USES: NORTHWEST: Commercial SOUTHEAST: Residential NORTHEAST: Residential SOUTHWEST: Residential 8. SURROUNDING ZONING DESIGNATION: NORTHWEST: Downtown Commercial Core Specific Plan (DCCSP) SOUTHEAST: Multiple Family Residential (R3) NORTHEAST: Across San Juan: Duplex Residential (R2) SOUTHWEST: Downtown Commercial Core Specific Plan (DCCSP) and Multi-Famil Residential (R3-2000) 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTHWEST: Downtown Commercial Core Specific Plan (DCCSP); SOUTHEAST: High Density Residential (HDR) NORTHEAST: High Density Residential (HDR) SOUTHWEST: High Density Residential (HDR) 10. SITE LAND USE: Use: Zoning: General Plan DEVELOPMENT FACTS: EXISTING Single family residential R3 2000 Community Commercial PROPOSED Multi -family residential No Change High Density Residential 11. LOT AREA: 18,857 SF.or .43 ACRES 12. BUILDING LOT COVERAGE: 65% MAX. PERMITTED 37% PROPOSED 13. SITE LANDSCAPING: 35% (LANDSCAPE OPEN SPACE) REQUIRED 6,315 SF PROPOSED (36% PROPOSED) 14. OPEN SPACE: 1800 SF REQ'D 1900 SF COMMON SPACE PROPOSED 15. LOT AREA PER FAMILY UNIT: 2000 SF MIN. 3,092 SF PROPOSED 16. PARKING: 2 GARAGE/UNIT REQ'D 2 GARAGE/UNIT PROPOSED 17. GUEST PARKING: 2 OPEN SPACES REQ'D 2 OPEN SPACES PROPOSED 18. BUILDING HEIGHT: 35 FEET MAX. PERMITTED 32 FEET PROPOSED 19. BUILDING SETBACKS: FRONT:15 FEET 15 FEET PROPOSED SIDE: 5 FEET 5 FEET PROPOSED REAR: 10 FEET 10 FEET PROPOSED 20. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY: a. Property is listed in the City of Tustin Historic Resources Survey (constructed in 1907); Colonial Revival style with Craftsman Influence. Significant due to architectural style. ATTACHMENT C HISTORIC RESOURCES SURVEYS EXCERPTS (1990 & 2003) ADDRESS: 1042 SAN JUAN ST DATE: 1907 STYLE: COLONIAL REVIVAL SOURCE: RATING: T B ALTERATIONS: F HISTORICAL DISTRICT: NO COMMENT: DESCRIPTION: cCICT Y ®IF TUSTIIN HISTORICAL SURVEY Colonial Revival in style, the single -storied residence at 1042 is crowned with a hipped roof featuring gabled wings to the front and east side. Crisscross latticework venting, carved triangular braces and a row of decorative knobs accent the gable faces. A wrap-around porch runs across the front and down the west side, connecting the gabled wings. The main roof continues downward, without a break, to form the porch roof, which is supported by pairs of narrow wood posts. Horizontal braces accent the posts. A plain wood railing, with both vertical and horizontal balusters, borders the porch. A pair of double -hung windows, topped with molding -trimmed lintels, is centered in the front wing. A large plate glass window rests beside the paneled front door (not original), Double -hung windows are used throughout the rest of the house. SIGNIFICANCE: Edward E. Smith, a local walnut grower, built this house in 1907. He sold it that same year to J. H. Shaffer, who immediately sold it to Martha Rantz. By 1909 Matthew and Birdie Truran had purchased the property, adding to several other lots that they had accumulated in that block. The area became known as "TruranvWe" by local residents, because the Trurans owned several pieces of property and built several homes here. In 1937 when Birdie Truran's estate was settled, this house was deeded to Ben Truran, one of her sons. Edward Hawkins and his wife, Ruth, purchased the house that same year and continued to own it until 1945. E. J. Richardson and his wife, Vivian, owned the house during the war. He was a carpenter. A good example of a Colonial Revival house, with Craftsman influence, the residence is significant to the city because of its architectural style. State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Listings Review Code Reviewer Primary HRI Trinomial NRHP Status Code Date Other) Page 1 of 2 *Resource Name or #: (Assigned by recorder) 146 *P1 a . Other identifier: *P2. Location: ❑ Not for Publication X Unrestricted *a. County Orange County and (P2c, Pte, and P2b or Ptd. Attach a Location Map as necessary.) *bo USGS 7.5' Quad Tustin -orange Date T ; R '/4 of '/4 of Sec B.M. c. Address: 1042 San Juan St. City Tustin, Ca Zip 92780 d. UTM: (Give more than one for large and/or linear resources) Zone r mE/ m e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) see map *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Edward E. Smith, a local walnut grower, in an area known as Truranville, constructed the building. The Truran family owned numerous properties in the block. The house was sold to several other subsequent owners. This single storied building is Colonial Review in style and crowned with a hipped roof featuring gabled wings to the front and east side. Crisscross latticework venting, carved triangular braces and a row of decorative knobs accent the gable faces. A wrap around porch runs across the front and west sides. Pairs of narrow, wood posts support the porch roof. Horizontal braces accent the posts and there is a plain wood railing with vertical and horizontal balusters and borders. A pair of double hung windows is centered in the front wing. *P3b. Resource Attributes: (List attributes and codes) HP2 single family property P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.) August 2001 *P10. Survey Type: reconnaissance survey *P4. Resources Present X Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other (Isolates, etc.) *P5b. Description of Photo: (view, date, accession #) front view, 1990 survey *P6. Date Constructed/Age and Source: 1907 X Historic ❑ Prehistoric ❑ Both *P7. Owner and Address: to be inserted _*P3o Recorded by: (Name, affiliation, and address) G. Takano, TBA West, Inc. 1950 Sacramento St #1, San Francisco, Ca 94109 *P9. Date Recorded: *P11. Report Citation: (Cite survey report and other sources, or enter "none.") see continuation sheet DPR 523A (1/95) *Required information *Attachments: ❑NONE X Location Map X Continuation Sheet ❑Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (List): DPR 523A (1/95) *Required information ATTACHMENT D SUBMITTED PLANS ABBREVIATION5 GENERAL NOTE5 KIBA RESIDENTIAL COMPLEX SHEET INDEX 11111-111Aoe2 11,1 lAl 11 L 11 1 Ll -ILLAI—I I TI ll� =Zl�T� ol I 1=7 oT o=,LILI A -t T 1- IE L 1-T E_ 1.1 lAll I 'EIT-L IEL FIL 1 111— 1 T 11 ora. vmc Eo �AIT T 01T, —L. IAI 111EI FL L El EAll I I I II AT- 5- -T ....... TV 111. 1 L —IE -10L E 171, T L TO LET w�En ol 2gEllL T,- 1111,1_11 'TI. T=L`11 IEEL 1�� IBLMMITIL IF= oT_ "I fIT LT III L. M=L M I I Z11 I =1=1- _f If Ll "E;:rERior= ILIIV'A I` TUSTIN, CALIFORNIA 5COFE OF ViORK21 -1 HI I—- .11H A rvEw I——CAance wilHirvn' PROJECT TEAM PROJECT DATA T1111 IA 11.1 TI E 1 -T -T 11- -11T -1— _T I IE" 2 111 11. T_ I IT -1 A I I I -T .. .. 2 ase 111LI I I I Ill— 11 11.11- LI - 111 1111 11 I'll - L11 -1E llEl E.E. r. s, X < < cI 5YMBOL5 0 ._. e APPLICABLE CODES 2' �Z=l 1 -1 - VICINITY AAF A -- A 7C I - 337-01 T1.0 KEY NOTES 7DESIGNB �evai`cpment E01Ntn�9is 9 RwGu� x - W � 3 Z...o, x J WLEGEND Q i ::i w O U a < z6 Lu a Cl o T-F 0 337-01 D09/12/18 CLP CONCEPTUAL LANDSCAPE & LIGHTING PLAN - 1 KEY NOTES 7DESIGN! �evai`cpment s01Nt9o9is 9 nr. tsas�cr�sso 4" O srzi, W LULU� Q 8 8 Q=OFENINO X W W U a w O F �p �Z ° ri cv v sr� N N— ,weu exs ,w.su W r N Q V rage - LEGEND ww�°m wnnrm nx. �9oo ss" r� _ _ nmr rare Rom �., � air wEar � r�soa�r a��oa,�E a�ea�r nam Pr � r�izrovic xsivaeevxrtnr �.r�r i,v.o o�.� w���. ® Q Aga ears s�Enr D 337-01 09/12/1! � rr, Hear° A0.0 SITE PLAN -� 1 2 KEY NOTES CD ... ... RA F -I Q ❑ H EEImt � � m c) Q�p 0 In cv f7 c), LEGEND � ..oa�ResvEeee Pa,�.�r�. w���. 337 Ol o9712;1! A0.1 MA5TEP. FIRE FLAN KEY NOTES �i snaxs n nnwun wrurn �z woo c,ure , �� 7DESIGN! FT C� M° o � Do 0 r O O W r a W O DIMEN51ONAL 2ND FLOOR PLAN 2 DIMEN51ONAL 15T FLOOR PLAN-- 1 i 9 o sN w F � a z w v 11 111 11 1111 11 1 114-1144 �-I-H w a— w N N & a 0 'm a v m C) — _ CD off. 0 0 0 0 337-01 09/12/1! � aE, Haw 8 A1.0 4 ROOF PLAN -- 3 KEY NOTES Ow � u�. acaxr co�cre ©,w�� soree OO ��E ��E 7DESIGNS 0�'�' � COXr,FE1E �evai`cpment s ei��ts�a9is iay. csas�c�¢�so �© ©© y AM. _ d �1 � � o > w w r w WEST ELEVATION 2 NORTH ELEVATION rc � z6 a j v q w o zz - w rc a i p u o �eo r-tinh— — — p ao.-a n•E� Lu 1 11 1 _ m ° 6 6 6 6 6 6 A d G 6 G 6c rE, 11 Q v� 337-01 �09/12/1S A1.1 EAST ELEVATION 4 SOUTH ELEVATION -�- 3 KEY NOTES (D -",Isom wRe�m��. o. �CDFCDsorG i �userGw.h, w.x.aP.Ns� ------ 7DE9IGN9 e°i"tn�9is 9 _ 3 a O O W r a W O ------------ DIMEN51ONAL 2ND FLOOR PLAN 2 DIMEN51ONAL 15T FLOOR PLAN-- 1 O _ - - wa F N � Z z z as w g z z N a- F m V ~ Y O WINDOW OPENIN6 NOTES OBe eLIMIn4Te�. �e� Q m o ❑ 337-01 A1.2 ROOF PLAN 4 DIMENSIONAL 3RD FLOOR PLAN KEY NOTE5 Ow u�. acaxr co�cre ©,w�� soree OO ��E ��E 7DESIGNS a 0�'� COXr,FE1E �evai`cpment 3R� $oFF- 0 �o 0 e e 0 > w w r w WE5T ELEVATION 2 NORTH ELEVATION w rc � � c) � z6 a w j v WINDOW OPENIN6 NOTES m w g z z N a- wNN rc C) >> o INA 337-01 09/12/15 A1.3 EAST ELEVATION 4 SOUTH ELEVATION KEY NOTES Ow u�. acaxr co�cre ©,w�� soree OO 6-e"�v.« � 7DESIGNS - 0�'� COXr,FE1E �evai`cpment moo_ e oVo 0e P Obr Q N O X ELEVATION -'A' d w w w o tc) D12 EXTERIOR FINISH SCHEDULE K�AP=ob. o s o 0 0�a } �m w a z 6 N � o IA ©Irl 0 6.� o 337-01 6 - - - 09/12/15 A2.0 EXTERIOR FINISH SCHEDULE 3 ELEVATION -'E' -2 KEY NOTES �, sxreiex��b w,rMr Ow u�. acaxr co�cre OO 6-e"�v.r�� OS'�' COXr,FE1E �aMn 7DESIGN! �eval`cpment 0 - .. —:71A N O X w w ELEVATION -'G' - W J o CV a z 6 F w j v w � rc a v � u o_ 0 - I Nm Nm NMI e Q0� o 0 337-01 eenD JnMB & SILL J-BS 09712;1! a A2.1 WOOD WINDOW FRAME DETAILS 3 ELEVATION -'D' -� 2 ATTACHMENT E CITY COUNCIL RESOLUTION NO. 21-12 MITIGATED NEGATIVE DECLARATION, OUTSIDE AGENCY COMMENTS AND MITIGATION AND MONITORING REPORTING PROGRAM FOR GPA 2019-00001 RESOLUTION NO. 21-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR GENERAL PLAN AMENDMENT 2019-00001 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR PROPERTIES LOCATED AT 1042 SAN JUAN STREET AND 1052 SAN JUAN STREET AND DESIGN REVIEW 2019-00019 FOR CONSTRUCTION OF FOUR (4) DWELLING UNITS WITHIN TWO (2) DUPLEX BUILDINGS, ONE (1) DETACHED SINGLE FAMILY RESIDENCE AND PRESERVATION OF ONE (1) EXISTING RESIDENTIAL HISTORIC RESOURCE FOR A TOTAL OF SIX (6) RESIDENTIAL UNITS ON AN APPROXIMATELY 18,857 SQUARE -FOOT SITE LOCATED AT 1042 SAN JUAN STREET. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for General Plan Amendment (GPA) 2019-00001 and Design Review (DR) 2019-00019 was filed by Baray Karim of 7 Design+Development on behalf of Christopher Kellstrom requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and to allow the construction of two (2) duplex buildings, one (1) detached single family residence and preserve an existing single-family residential historic resource on a 18,857 square foot site located at 1042 San Juan Street. 1052 San Juan Street is included in this application by the City of Tustin for General Plan consistency and amendment only; no construction is proposed at 1052 San Juan Street; B. That the Development Application requests the following approvals: • GPA 2019-00001 to amend the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). • DR 2019-00019 for the building design and site layout at 1042 San Juan Street. C. That the City prepared an Initial Study to evaluate the potential environmental impacts associated with the project. Since identified potential significant impacts can be reduced to a level of insignificance with mitigation measures, a draft Mitigated Negative Declaration (MND) was prepared; D. That a Notice of Intent to Adopt an MND was published and the MND and Initial Study were made available for a twenty (20) day public review and City Council Resolution No. 21-12 Page 2 comment period from January 7, 2021 to January 27, 2021, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; E. That public comments were received and the Final MND, which includes the Initial Study, Mitigated Negative Declaration and the public comments are attached hereto as Exhibits A and B; F. That whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during project implementation; G. That the City is the lead agency on the project and the City Council is the decision-making body for the proposed project; H. That a public hearing was duly called, noticed, and held for GPA 2019-00001 and DR 2019-00019 on February 9, 2021, by the Planning Commission; That the Planning Commission has considered the Initial Study/MND, the public comments received during the public review process, and the MMRP attached hereto as Exhibits A, B and C. Following the hearing, the Planning Commission adopted Resolution No. 4420, recommending that the City Council find the Initial Study/MND, attached hereto as Exhibit "A", the public comments received during the public review process attached hereto as Exhibit "B", and Mitigation and Monitoring Reporting Program attached hereto as Exhibit "C" adequate for GPA 2016-01 and DR 2019-00019 and adopt the MND and the MMRP; That a public hearing was duly called, noticed, and held on said application on March 2, 2021, by the City Council; and K. That in accordance with the provisions of the California Environmental Quality Act (CEQA), the Initial Study/MND has been considered and found to be complete and adequate prior to approving the project as proposed. That the City Council considered the final MND and MMRP, attached hereto as Exhibits A, B and C and finds them adequate for GPA 2019-00001 and DR 2019-00019; and hereby adopts the MND and MMRP for the proposed GPA at 1042 and 1052 San Juan and the development of two (2) duplex residential structures, one (1) detached single-family residence and preservation of one (1) existing residential historic resource structure for a total of six (6) residential units on an 18,857 square foot parcel at 1042 San Juan Street. III. That the facts and reasons for said recommendation of adoption of the Initial Study/MND and MMRP are hereby found and declared to be as follows: The City Council, as a result of its consideration and evidence presented at the hearing on this matter, determined that, as required pursuant to CEQA and the City Council Resolution No. 21-12 Page 3 State CEQA Guidelines, the MND and MMRP adequately address the expected environmental impacts of the project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of March, 2021. LETITIA CLARK MAYOR ATTEST: ERICA N. YASUDA CITY CLERK EXHIBIT A: Initial Study/Mitigated Negative Declaration EXHIBIT B: Outside Agency Comments EXHIBIT C: Mitigation Monitoring and Reporting Program STATE OF CALIFORNIA ) City Council Resolution No. 21-12 Page 4 COUNTY OF ORANGE CITY OF TUSTIN CERTIFICATION FOR RESOLUTION NO. 21-12 ERICA N. YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 21-12 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of March, 2021, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, CITY CLERK EXHIBIT A OF RESOLUTION 21-12 INITIAL STUDY / MITIGATED NEGATIVE DECLARATION T STI CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (794) 573-3900 au=31N�..OUR FUT41tr INITIAL STUDY I MITIGATED NEGATIVE DECLARATION a°"""'" OUR.rxsr 1042 SAN JUAN STREET AND 1052 SAN JUAN STREET DESIGN REVIEW (DR) 2019-00019 GENERAL PLAN AMENDMENT (GPA 2019-00001) January, 2021 A. BACKGROUND Project Title: Lead Agency: Contact Person and phone number: Kiba Residential Project City of Tustin, 300 Centennial Way, Tustin, California 92780 Elaine Dove, AICP, RLA, Senior Planner (714) 573-3136 edove@tustinca.org Project Location: The project site is 1042 San Juan Street, in the City of Tustin, 1052 San Juan Street is included for General Plan Amendment for consistency only. Project Sponsor's Name and Address: General Plan Land Use Designation Zoning Designation: Project Description: Christopher Kellstrom, 1042 San Juan Street, Tustin, CA 92780 Current: Community Commercial (CC) Proposed: High Density Residential (HDR) Existing: Multiple Family Residential District (R3) Proposed: No Change The Kiba Residential Project proposes infill construction at 1042 San Juan Street of a detached 2 -story residential structure and two (2) three (3) story duplex buildings each with their own two -car garages on property improved with one (1) existing residential structure for a total of six (6) residential units on an 18,857 square foot (0.41 acre) lot. Development of the site will preserve a 1,608 square -foot residential historic resource constructed in 1907 and an existing detached two -car garage serving the historic resource. The discretionary actions required to allow for the development of the multi -family residential project are as follows: General Plan Amendment (GPA 2019-00001) to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and Design Review (DR -2019-00019) to evaluate the design and layout and aesthetic impacts of the proposed project. The project also includes a General Plan Amendment for property located at 1052 San Juan Street to bring this property into General Plan conformity only. No construction is proposed for 1052 San Juan Street. Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin The project would be constructed in a single phase, and lasting approximately six months. -Construction would include site preparation, grading, trenching, construction, paving and architectural treatments. For a breakdown of the construction schedule, refer to the California Emissions Estimator Model (CaIEEMod) air quality modeling outputs provided in Appendix A. The project site is located in a highly urbanized part of the City. The mix of land uses surrounding the Project Site consist of commercial uses and medium to high density residential. Surrounding Land Uses and Setting: North: Planned Community Commercial, Multi -family residential South: Community Commercial, Multi -family residential East: Community Commercial, Multi -family residential West: Community Commercial Other public agencies whose approval is required: Agency Permit or Approval Tustin Building Division Grading Permits, Building Permits Tustin Public Works Encroachment permits, Storm Drain Connection approval; Water Quality Department Management Plan; WRRP, Orange County Fire Building Plan check and approval. Review for compliance with 2019 Authority California Fire Code, 2019 California Building Code, California Health & Safety Code and Tustin Municipal Code. Plans for fire detection and alarm systems and automatic sprinklers. Southern California Edison Letter of authorization/consent for proposed improvements to provide electrical supply connection to proposed development. Southern California Gas Letter of authorization/consent for proposed improvements to provide gas Co. supply connection to the proposed development. CR&R Environmental Will Serve letter for waste management service, Services Attachments: Figure 1: Regional Location Map Figure 2: Local Vicinity Map Figure 3: Project Vicinity Map Figure 4: Proposed Site Plan and Surrounding Uses Figure 5: Proposed Elevations Appendices: Appendix A: California Emissions Estimator Model (CaIEEMod) Appendix B: Transportation Noise Analysis for Kiba Residential Complex dated October 14, 2020 Appendix C: City of Tustin Historic Resources Survey Excerpts for 1042 San Juan Street (1990 and 2003) 21 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin PURPOSE OF THE INITIAL STUDY; This Initial Study has been prepared in accordance with the following: • California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Sections 21000 et seq.) • California Code of Regulations, title 14, Division 6, Chapter 3 (State CEQA Guidelines, Secons 15000 et seq.); and Pursuant to CEQA, this Initial Study has been prepared to analyze the potential for significant impacts on the environment resulting from implementation of the proposed residential development and associated General Plan Amendment. As required by State CEQA Guidelines Section 15063, this Initial Study is a preliminary analysis prepared by the Lead Agency, the City of Tustin, in consultation with other jurisdictional agencies, to determine if a Mitigated Negative Declaration or an Environmental Impact Report is required for the project. This Initial Study informs City decision makers, affected agencies, and the public of potentially significant environmental impacts associated with the implementation of a project. A "significant effect" or "significant impact" on the environment means "a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project" (Guidelines, §15382) Given the project's scope, combined with previous analyses and current information about the site and environs, the City's intent is to adhere to the following CEQA principles: • Provide meaningful early evaluation of site planning constraints, service and infrastructure requirements, and other local and regional environmental considerations. (Pub. Res. Code §21003.1) • Encourage the applicant to incorporate environmental considerations into project conceptualization, design and planning at the earliest feasible time. (State CEQA Guidelines §5004[b][3] • Specify mitigation measures for reasonably foreseeable significant environmental effects, and commit the City and applicant to future measures containing performance standards to ensure their adequacy when detailed development plans and applications are submitted. (State CEQA Guidelines §15126.4) PROJECT LOCATION: Regional The City of Tustin is located in central Orange County and encompasses an area of 11.08 square miles. The City is bounded on the south by the cities of Irvine and Santa Ana, on the north by the unincorporated portions of the County of Orange and the City of Orange, and on the east by unincorporated County territory and the City of Irvine. Within the context of the larger Southern California region, Tustin is located approximately two miles north of Orange County's John Wayne Airport and is transected by two major regional freeways: 1-5 (Santa Ana Freeway), divides the City into north and south; and the SR -55 (Costa Mesa) Freeway, divides westerly portions of the City. See Figure 1, Regional Location Map. Local. The proposed project site is located at 1042 San Juan Street. 1052 San Juan Street is included in this application for the General Pian Amendment only. 1042 San Juan Street is a rectangular shaped lot and is surrounded by a commercial development to the east, and multi -family residential uses to the north, south and west. 3IPage Initial Study/Mitigated Negative Declaration 9042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Kiba Residential Project 1042 San Juan Street Tustin, CA 1052 San Juan Street (General Plan Amendment only) 41 Page Figure 1 Regional Location Map Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019.00019) City of Tustin IROW-' BLYD ° .. Vis" fed ON 41 'ISTS7 I r—) ST ST Owl IN 4 stdN, Alla V. UR Kiba Residential Project 1042 San Juan Street Tustin, CA 1052 San Juan Street (General Plan Amendment only) 5 1 P a g e Figure 2 Local Vicinity Map Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Project Site: 1042 San Juan Street, Tustin, CA 1052 San Juan Street Project Site; 1042 San Juan Street, Tustin, CA General Plan Amendment Only DR -2019-00019 — GPA 2019-00001 GPA -2019-00001. Kiba Residential Project 1042 San Juan Street Tustin, CA 1052 San Juan Street (General Plan Amendment only) 71 Page Figure 4 Site Photographs (Existing) Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin V 19�x{Lb Hvl11' NviJ �>� 1 77i I emeTM�rsa�avx� � m 1 0 0 c .- .............. x A � R0 ❑ ❑ _ ll� t 81 P a g e Kiba Residential Project 1042 San Juan Street, Tustin, CA Figure 5 Site Plan & Adjacent Structures Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin I � I .5 � lf&l�i* 1 WW ,W Exis f'. l,f5r�.aie:€iL..,.....-..................,,,.........._.........�..._.. p�h, BLG'(�. iYi ;= i.' Proposed Front Elevation I I WVWIPa1%.4 IIIil IVI VIIJG LIGYQ1,14111 Kiba Residential Project 1 042 San Juan Street, Tustin, CA Figure 6 Exterior Elevations Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001 /DR 201900019) ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: City of Tustin 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 on the following pages. ❑ Aesthetics ❑ Biological Resources ® Geology /Soils ❑ Hydrology I Water Quality ❑ Recreation ❑ Utilities / Service Systems DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture and Forestry ❑ Resources ® Cultural Resources ❑ Greenhouse Gas ❑ Emissions ❑ Land Use 1 Planning ❑ Population I Housing ❑ Transportation/Traffic ❑ Wildfire ❑ Air Quality ❑ Energy ❑ Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ® Tribal Cultural Resources ❑ -Mandatory Findings of Significance ❑ 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 revisions in the project have been made by or agreed to by the project proponent. A MITIGATED 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 "potentially significant impact" or "potentially significant unless mitigated" impact 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. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 101 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1062 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin ® 1 find that although the project could have a significant effect on the environment, there will not be a significant effect in this case because revisions int eh project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. Signature: 111 Page Date; t 171 V7 -J' C. EVALUATION OF ENVIRONMENTAL IMPACTS OF INFILL PROJECTS: 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 as well as 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 account of the whole action involved, including off-site as well as onsite, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur as a result of an infill project, 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, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, 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 15063(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 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 should 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. Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) D. INITIAL STUDY City of Tustin Less Than Potentially Significant With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact AESTHETICS. Except as provided in Public Resources Code Section 21099. Would the project: a) Have a substantial adverse El ❑ effect on a scenic vista? b) Substantially damage scenic El El resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? C) In non -urbanized areas, ❑ substantially degrade the existing visual character or quality of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of El El substantial light or glare which would adversely affect day or nighttime views in the area? aj Would the project have a substantial adverse effect on a scenic vista? No Impact. The project would not have an adverse effect on a scenic vista. Based on the Orange County Scenic Highway Plan Map and the City's General Plan, there are no designated scenic highways or vistas in the project area. The most significant natural resources and local vistas occur in Peters Canyon, which is located 5 miles north of the project site. The project site vicinity is a flat urbanized area and contains a mixture of commercial and residential uses, with limited undeveloped land. The proposed project would add five (5) residential apartment units to (1) existing residential unit existing on the site. The project 131 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin consists of one (1) new two (2) story residential unit and two (2) three (3) story duplexes. The change in land use and associated building types would alter the appearance of the project site but would not result in an adverse effect on a scenic vista. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no designated state scenic highways in the vicinity of the project site. Furthermore, there are no State -designated or eligible scenic highways within the City of Tustin. Therefore, there would be no impact related to damaging scenic resources within a state scenic highway. c) Would the project in non -urbanized areas, substantially degrade the existing visual character or quality of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact. The visual character of the site's surroundings is dominated by residential and commercial uses. Because of the infill nature of the proposed project and its compatibility with similarly -scaled buildings within this urban setting, no visual impacts are associated with the project and the proposed project site is in accordance with the applicable zoning. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact. The project site is surrounded by nighttime security lighting and street lighting. Surrounding lighting conditions are typical of similar urban environments particularly those with mixed land uses (e.g., commercial and residential) that have elevated light levels on non-residential sites and on high traffic roadways that require additional lighting. The project would create limited new sources of light from site lighting, but would not adversely affect day or nighttime views in the area given the similarity of the existing lighting in the surrounding urban environment. The Tustin Building Code (2019) requires submittal of point -by -point photometric calculations with building plans showing compliance with Tustin City Code (TCC) 8102 and will be required to comply with City of Tustin lighting standards. The following measures are standard conditions of development and existing plans, programs or policies (collectively referred to as PPPs) that apply to the proposed project and would help reduce and avoid potential impacts relating to aesthetics, lighting and glare. These actions would be included in the project's mitigation monitoring and reporting program: PPP -1 Construction Hours. Project construction hours will be limited to the hours of 7:00 a.m. and 6:00 p,m., Mondays through Friday, and the hours of 9:00 a.m. and 5:00 p.m. on Saturdays, excluding city observed federal holidays. PPP -2 Lighting. Prior to issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the TCC Section 8102, which requires a minimum of one foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. The photometric plan must also show no light spillage pursuant to TCC Section 9271 hh. Mitigation Measures/Monitoring Required: None required. 141 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Sources: 1. City of Tustin General Plan/Conservation/Open Space/Recreation Element (November 20, 2012) 2. County of Orange Master Plan, Ch. IV Scenic Highway Plan (2014) 3. California Department of Transportation (Caltrans), California Scenic Highway Mapping System (September 7, 2011, http:lwww.dot.ca.gov/hq/La ndArchlscenic_highways 4. City of Tustin Building Code, Tustin Municipal Code Section 8102 (2019) Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact p Incorporated AGRICULTURE AND FOREST 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. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique ❑ ❑ Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for ❑ agricultural use, or a Williamson Act contract? 151 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin C) Conflict with existing zoning for, or � � El �®N-W cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or ❑ ❑ El conversion of forest land to non -forest use? e) Involve other changes in the existing El ❑ E environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? Discussion: a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. There are currently no farmland or agricultural activities in the project area. The project site is not used for agricultural 'production and is not designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. Therefore, project implementation would not result in the conversion of mapped farmlands to non-agricultural uses. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The project site is not zoned for agricultural use and is not under a Williamson Act contract. No impact would occur in this regard. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined In Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The project site is currently zoned R3 (Multiple Family Residential District) and not occupied, used or zoned for forest land or timberland. No impact would occur in this regard. d) Would the project result in the loss of forest land or conversion of forest land to non -forest use? 161 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin No Impact. The project site is fully improved with a residential use and is surrounded by commercial and residential uses with landscaping, paving, and utilities. The project site is fully urbanized and there is no forest land in the vicinity of the project. The project will not result in loss of forest land or conversion of forest land to non -forest use. No impact would occur in this regard. e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? No Impact, The nature and location of the project will not result in conversion of Farmland/forest land to non-agricultural/non-forest uses in that the property is fully improved with a residential use. No land in the vicinity of the site has been designated for future agricultural uses. The proposed project would not result in changes in the existing environment which could result in conversion of farmland to non - agriculture use. No impact would occur in this regard, Mitigation Measures/Monitoring Required: No mitigation measures are necessary because no significant impacts to agriculture or forest resources have been identified. Sources: I. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Project description and plans. 4. State of California Department of Conservation Farmland Mapping & Monitoring Program https://www.conservation.ca.gov/dIrp/fmmp/Pages/Orange.aslDx Issues: III. 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) 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? 171 Page Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ Less Than Significant Impact No Impact ® ❑ ® ❑ Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) Issues: C) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Discussion: City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ® ❑ ❑ ❑ ® ❑ a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant: The Project Site is located within the South Coast Air Basin (SCAB), which includes the non -desert portions of Los Angeles, Riverside, and San Bernardino Counties, and all of Orange County, and is within the jurisdictional boundaries of South Coast Air Quality Management District (SCAQMD). The SCAQMD administers the Air Quality Management Plan (AQMP) for the SCAB, which is a comprehensive document outlining an air pollution control program for attaining all California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS). The most recent adopted AQMP is the 2016 AQMP (SCAQMD 2017), which the SCAQMD Governing Board adopted in March 2017. The 2016 AQMP represents a new approach, focusing on available, proven, and cost- effective alternatives to traditional strategies while seeking to achieve multiple goals in partnership with other entities promoting reductions in greenhouse gases (GHGs) and toxic risk, as well as efficiencies in energy use, transportation, and goods movement (SCAQMD 2017). The purpose of a consistency finding is to determine if a project is inconsistent with the assumptions and objectives of the regional air quality plans, and, thus, if it would interfere with the region's ability to comply with federal and state air quality standards. The SCAQMD has established criteria for determining consistency with the currently applicable AQMP in Chapter 12, Sections 12.2 and 12.3, in the SCAQMD CEQA Air Quality Handbook. The criteria are as follows (SCAQMD 1993): • Whether the project would result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of the ambient air quality standards or interim emission reductions in the AQMP. • Whether the project would exceed the assumptions in the AQMP or increments based on the year of project buildout and phase. The Project's potential to result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of the ambient air quality standards or interim emission reductions in the AQMP, project -generated criteria air pollutant emissions were ISI Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San ,Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin estimated and analyzed for significance. Detailed results of this analysis are included in Appendix A. Project construction would not generate criteria air pollutant emissions that would exceed the SCAQMD thresholds, and the Project is not anticipated to generate operational criteria air pollutant emissions. The proposed project involves site preparation and minimal grading of the 0.41 acre lot. It would also involve constructing five (5) residential units (two duplexes and one single family residence), architectural coating, and non -asphalt surfaces. No demolition is proposed. Section 15206(b) of the CEQA Guidelines states that a project is of statewide, regional, or area -wide significance if it would involve a net increase of over 500 dwelling units. This, is not a project of statewide, regional or area -wide significance, which would require intergovernmental review. Therefore, the proposed project would not have the potential to affect SCAG's demographic projections. Additionally, as demonstrated below, the regional emissions that the proposed project would generate in the construction and operational phases would be less than the SCAQMD emission thresholds. SCAQMD would not consider the Proposed project to be a substantial source of air pollutant emissions that would have the potential to affect the attainment designations in the SoCAB. Therefore, the project would not affect the regional emissions inventory or conflict with strategies in the AQMP. SB 743 was signed into law in 2013 which initiated an update to the CEQA Guidelines to change how lead agencies evaluate transportation impacts under CEQA with the goal of better measuring the actual transportation -related environmental impacts of any given project. Agencies must look at reducing greenhouse gas emissions and traffic -related air pollution, promoting the development of multimodal transportation systems, and providing clean, efficient access to destinations. Agencies analyzing transportation of new projects must now look at vehicle miles traveled to measure how much actual automobile travel a project would create on the California roads. If the project adds excessive car travel, the project may cause a significant transportation Impact. Per the California Office of Planning & Research (OPR), a vehicle miles traveled (VMT) transportation analysis is not required for projects generating fewer than 110 average daily trips (ADT). As proposed, the project would generate 46 ADT according to the following breakdown: TRIPS PER DAY Unit Type Number of Units Average. Trips per Da Total Average Trips Per Day Detached Multi Family Dwellings 2 units 9.52 ADT/Dwelling Unit DU 19 ADT Attached Multi -Family Dwellings 4 units 6.65 ADT/DU 27 ADT TOTAL TRIPS PER DAY 47 Tris per da Therefore, no mitigation is required. b) Would the project 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? Less than Significant. Air pollution is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development, and the SCAQMD develops and implements plans for future attainment of ambient air quality standards. Based on these considerations, this analysis uses 191 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin project -level thresholds of significance for criteria pollutants in the determination of whether a project's individual emissions would have a cumulatively consideration contribution on air quality. If a project's emissions would exceed the SCAQMD significance thresholds, the analysis would conclude that the Project would have a cumulatively considerable contribution. Conversely, projects that do not exceed the project -specific thresholds are generally not cumulatively significant. (SCAQMD 2003). Criteria air pollutants include ozone (03), suffer dioxide (SO2), particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM1o; coarse particulate matter), particulate matter with an aerodynamic diameter less than equal to 2.5 microns (PM2.5); fine particulate matter), and lead. Table AQ -1: SCAQMD Regional Daily Emissions Thresholds' Pollutant Construction (lbs/day) Operations (lbs/day) NO, 100 55 VOC 75 55 PM 10 150 150 PM2,5 55 55 SOX 150 150 CO 550 550 Lead 3 3 Construction It is mandatory for all construction projects to comply with several SQAMD Rules, including Rule 403 for controlling fugitive dust, PM1o, and PM2.5 emissions from construction activities. Rule 403 requirements include, but are not limited to: applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site, covering all trucks hauling soil with a fabric cover and maintaining effective cover over exposed areas. Compliance with Rule 403 was accounted for in the construction emissions modeling for the project. In addition, implementation of SCAQMD Rule 1113 that governs the VOC content in architectural coating, paint, thinners, and solvents was accounted in the construction emissions modeling for the project. As shown in Table 2 below, CaIEEMod results indicate that construction emissions generated by the proposed project would not exceed SCAQMD regional thresholds. Therefore, emissions from construction activities would be less than significant. Table AQ -2: Construction Localized Significance Thresholds (Based on One (1) Acre Site) Year NO2 CO PM10 PM2,5 Pounds per Da on site 2021 Maximum Daily Emissions 0.4164 0.4038 0.0283 0.0235 SCAQMD LST Criteria 81 485 4 3 THRESHOLD EXCEEDED? No No No No 1 Regional thresholds are from the SCAQMD Air Quality Significance Thresholds, March 203.5. 20jPage Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin The proposed construction of two duplexes and a single-family residence is below the threshold criteria for construction and operation impacts as defined in Tables 6-2 and 6-3 of the California Environmental Quality Act (CEQA) Air Quality Handbook published in 1993 by the South Coast Air Quality Management District (SCAQMD). A continuation of residential use at the subject property will not produce or involve concentrated pollutants or odors. The proposed project will not violate any air quality standard or contribute substantially to an existing or projected air quality violation, and it will not result in a cumulatively considerable net increase of any criteria pollutant or expose sensitive receptors to substantial pollutant concentrations or create objectionable odors affecting a substantial number of people. The analysis used CaIEEMod, Version 2016.3.2 to estimate emissions for construction of the project. CalEEMod quantifies criteria pollutant and green house gas (GHG) emissions (Appendix A). CaIEEMod input parameters, including project size, construction schedule, number of worker/delivery/haul trips, and anticipated construction equipment utilization, were based on default model assumptions. Operation Operation of 5 mid -rise, residential units would result in long-term regional emissions of criteria air pollutants and ozone precursors associated with area sources, such as natural gas consumption, landscaping, applications of architectural coatings, and consumer products. However, vehicular emissions would generate a majority of the operational emissions from the project. Operational emissions associated with the project were modeled using CalEEMod and are presented in Table AQ -3. As shown, the proposed project would result in long-term regional emissions of the criteria pollutants that would be below the SCAQMD's applicable thresholds. Therefore, operation of the project would not result in a cumulatively considerable net increase of any criteria pollutant impacts and operational impacts would be less than significant. Table AQ -3: Summary of Peak Operational Emissions Operational Activity Emissions (lbs/day) VOC NOx CO PM10 PM2.5 Area Source 0.0886 1.89 0.0834 5.06 <O.1 Energy Source 3.400e- 004 2.9 1.25 2.4 2.4 Mobile Source 8.4800 e-003 0A373 0.11.7 3.4 0.118 Total Maximum Daily Emissions 0.0974 4.82 1.45 10.86 2.618 SCAQMD Regional Threshold 55 55 550 150 55 21j Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Threshold Exceeded? I No I No I No I No I No City of Tustin c. Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant: A project could expose sensitive receptors to elevated pollutant concentrations during construction activities if it would cause or contribute significantly to elevated levels. According to the SCAQMD, sensitive receptors include residences, schools, playgrounds, childcare centers, long-term healthcare facilities, rehabilitation centers, convalescent centers, and retirement homes (SCAQMD 1993). The closest sensitive receptor land uses are multifamily residences adjacent to the project site to the east, north and south. Project construction activities could result in temporary sources of on-site criteria air pollutant emissions associated with construction equipment exhaust and dust -generating activities. The SCAQMD recommends a localized significance threshold (LST) analysis to evaluate localized air quality impacts to sensitive receptors in the immediate vicinity of the project site because of construction activities. The project is located in Source Receptor Area (SRA)17 (Central Orange County). The project's construction activities would occur on a 0.41 -acre area; therefore, the LST analysis based its emissions thresholds on a one (1) -acre site. The LSTs assumed for a distance of 25 meters (82 feet) from the site boundary, which is the shortest distance that the SCAQMD look -up tables provide for this analysis. The maximum daily on-site construction emissions generated during construction of the project is provided in Table AQ -2 and compared to the SCAQMD localized significance criteria for SRA 17 to determine whether Project -generated, onsite construction emissions would result in potential LST impacts construction of the project would not result in a cumulatively considerable net increase of any criteria pollutant impacts and operational impacts would be less than significant. d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less -than -Significant Impact. The occurrence and severity of potential odor impacts depend on numerous factors. The nature, frequency, and intensity of the source; wind speed and direction; and the sensitivity of the receiving location each contribute to the intensity of the impact. Although offensive odors seldom cause physical harm, they can be annoying, cause distress among the public, and generate citizen complaints. During Project construction, exhaust from equipment may produce discernible odors typical of most construction sites. Potential odors produced during construction would be attributable to concentrations of unburned hydrocarbons from tailpipes of construction equipment. However, such odors would disperse rapidly from the Project Site and generally occur at magnitudes that would not affect substantial numbers of people. Accordingly, impacts associated with odors during construction would be less than significant. Land uses and industrial operations associated with odor complaints include agricultural uses, wastewater treatment plants, food-processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding (SCAQMD 1993). Operation of the Project would not entail any of these potentially odor causing land uses. Therefore, the Project would not create any new sources of odor during operation and would result in a less than significant odor impact. 221 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Mitigation Measures/Monitoring Required: NIA City of Tustin PPP -3 The project will comply with South Coast Air Quality Management District (SCAQMD) Rule 402 (Nuisance) and Rule 403 (Fugitive Dust). The project developer will require construction contractors and subcontractors to employ the following enhanced dust control measures during construction to minimize particulate matter (PM -10 and PM -2.5) emissions: 1. Suspend the use of all construction equipment during first -stage smog alerts. Z Apply soil stabilizers such as hay bales or aggregate cover to inactive areas. 3. Prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph. 4. Stabilize previously disturbed areas if subsequent construction is delayed. 5. Water exposed surfaces and haul roads 3 times/day. 6. Cover all stock piles with tarps. 7. Replace ground cover in disturbed areas quickly. 8. Reduce speeds on unpaved roads to less than 15 mph. 9. Trenches shall be left exposed for as short a time as possible. 10. Identify proper compaction for backfilled soils in construction specifications. 11. Cover all trucks hauling dirt, sand, or loose material or require all trucks to maintain at least two feet of freeboard. 12. Sweep streets daily if visible soil material is carried out from the construction site. 13. Provide water spray during loading and unloading of earthen materials. 14. Minimize in -out traffic from construction zone. Sources: 1. Submitted Plans 2. Tustin City Code 3. Tustin Grading Manual 4. CEQA Air Quality Handbook 5. CalEEMod Version 2016.3.2 231 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin Issues: PotentiallyLess Than �FLess YThan �No . Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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 of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on 11 ❑ any riparian habitat or other sensitive natural community identified in local or regional pians, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? C) Have a substantial adverse effect on 11 ❑ El state or federally protected wetlands (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 El ordinances protecting biological resources, such as a tree preservation policy or ordinance? 241 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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? a) Would the project 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 Wildlife or U.S. Fish and Wildlife Service? No Impact. The project will not have a substantial adverse effect 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 Wildlife or U.S. Fish and Wildlife Service. The property has been previously developed and there is no native habitat on the project site. Therefore, there is no likelihood that implementation of the project would impact such species. No mitigation is required. b) Would the project 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 Wildlife or U.S. Fish and Wildlife Service? No Impact. The project site is a developed parcel in an urban setting surrounded by existing residential and commercial uses with no native habitat. There are no surface waters or drainages with riparian habitat on or in the vicinity of the site. No sensitive natural communities identified in local or regional plans, policies, or regulations or by CDFW or USFWS are present. Therefore, there is no likelihood that the project would cause an impact to riparian habitat or sensitive vegetation communities. No mitigation is required. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The 0.41 acre site is developed with a residential structure and a detached two -car garage. No jurisdictional features occur on the site. In addition, no natural hydrological features or federally protected wetlands as defined by Section no404 of the Clean Water Act occur on site. Therefore, no direct removal, filling, or hydrological interruption of a wetland area would occur with development of the project site. No mitigation is required. 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? 251 Page Initial Study/Mitigates! Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001 /DR 2019-00019) City of Tustin No Impact. The project site is a developed parcel in an urban setting surrounded by existing residential and commercial uses with no native habitat. The site currently has no trees and minimal landscaping. The project site does not contain any greenbelts for wildlife movement or native vegetation capable of supporting the movement of wildlife, particularly corridors that facilitate movement of species between larger strands of native habitat. Construction of the proposed project would not result in the encroachment into or impediment of a wildlife corridor or nursery site that local wildlife could use. Therefore, the proposed project would have no impact on wildlife movement corridors or wildlife nursery sites. No mitigation is required. e) Conflict with any local policies or ordinances protecting biological resources, such as a free preservation policy or ordinance? No Impact. The project site is located within an entirely developed area in the City of Tustin. The project site has no trees, and the proposed project would not affect trees that are located beyond the project site. The City of Tustin does not have a tree protection ordinance and the proposed project would not conflict with any local policies or ordinances protecting biological resources, and no impact would occur. 0 Would the project conflict with the provisions of an adopted Habitat'Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The project site is not located within a Habitat Conservation Plan, Natural Community Conservation Plan or other similar plan. The project site is not located within or proximate to any significant ecological area, land trust or conservation pian. As such, construction of the proposed project would not conflict with an adopted conservation plan and no impact would occur. Mitigation Measures/Monitoring Required: NIA Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code 3. Project description and plans. 4. Department of Fish and Wildlife, Natural Community Conservation Plan - County of Orange (Central/Coastal) NCCP/HCP https:/Iwww.wildlife.ca.gov/Conservation/Planning/NCCP/Plans/Orange-Coasta I Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? 261 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin b) Cause a substantial adverse change in ® ❑ ❑ the significance of an archaeological resource pursuant to § 15064.5? C) Disturb any human remains, including ❑ ® ❑ El those interred outsides of formal cemeteries? a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? Less Than Significant With Mitigation Incorporated. A substantial adverse change in the significance of a historical resource would be a project that demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources; demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources or its identification in a historical resources survey meeting the requirements or demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by the lead agency for purposes of CEQA. The proposed project does not include demolition or any alterations to the existing historical resource. The historical resource will be protected and not disturbed during construction activities pursuant to Mitigation Measure CUL -3. As proposed, the project complies with the Secretary of Interiors Standards. The historical resource is not eligible for listing in the California Register of Historical Resources pursuant to the findings of the City of Tustin Historic Resources Survey (2003) which identifies the property with NRHI Status Code of 5S3 (Not eligible for separate listing or designation under an existing local ordinance but is eligible for consideration in local planning) and in California State Office of Historic Preservation Technical Assistance Bulletin #8, appears to be individually eligible for local listing or designation through survey evaluation. The historic resource is already identified in the local historical resources survey. The project follows the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. The historic resource will be used as it was historically and will retain its distinctive materials and features, and will be protected and, if necessary, stabilized until additional work may be undertaken. The new construction will not alter the historic relationship of the existing residence to its immediate surroundings, destroy historic features, or obscure primary view of the property. The historic resource is located in a residential neighborhood that consists of one and two-story houses, an elementary and high school, commercial uses and is highly urbanized. The majority of the construction is located behind the historic resource and will not impact the historic character of the site and is in keeping with the density of the surrounding neighborhood. CUL -1: Applicant/contractor shall take the following measures to protect the existing historic residential structure during all phases of construction and include all of the following measures in the plans prepared for permit issuance: 271 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00009/DR 2019-00019) City of Tustin 3.1 During excavation for footings on new structures, the applicant/contractor shall provide shoring around the historic resource to prevent undermining of the foundation. 3.2 Applicant/contractor shall provide plywood protection at all windows in the historic residential structure and shall show plywood protection on the construction plans submitted to the City of Tustin for building permits. 3.3 Applicant/contractor shall secure the historic resource from physical access during the construction period. 3.4 Applicant/contractor shall install a direct dial fire and smoke intrusion security system in the historic residential structure. 3.5 Applicant/contractor shall protect the historic resource's walls with solid construction fencing to prevent damage to existing finishes. 3.6 During plastering of the exterior walls of the new buildings, applicant/contractor shall provide fabric barriers to prevent overspray from reaching the historic residential structure. 3.7 The applicant/ contractor shall maintain fire extinguishers at each level of each new building in case of fire during construction. 3.8 Subject to approval by the Director of Community Development, applicant/contractor shall engage the services of an licensed architect meeting the professional qualifications standards identified by the Secretary of Interiors Standards and Guidelines (https://www.nps.gov/history/local-law/arch_stnds_9.htm) to monitor the historic residential structure during construction activities on a monthly basis and submit monthly status reports to the City of Tustin. Community Development Department. 3.9 During construction, the Applicant/contractor shall stop work immediately in the event of damage to the historic resource and contact the Community Development Department and the architect identified in 3.8 of this mitigation. All work shall stop until such time as the damage is remedied to the satisfaction of the Director of Community Development. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.57 Less Than Significant With Mitigation Incorporated/. Archaeological resources are the physical remains of past human activities and can be either be prehistoric or historic in origin. Archaeological sites are locations that contain significant evidence of human activity. Generally, a site is defined by a significant accumulation or presence of one or more of the following: food remains, waste from manufacturing of tools, tools, concentrations or alignment of stones, modification of rock surfaces, unusual discoloration or accumulation of soil, or human skeletal remains. Archaeological sites are often located along creek areas and ridgelines. The property has been previously disturbed through its use as residential and agricultural land and the surrounding area is predominantly urbanized with residential and commercial uses. Due to the level of past disturbance, it is not anticipated that archaeological sites would be found. Although the potential for disturbance of undiscovered resources due to grading and excavation activities is considered low, in 281 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 201900019) City of Tustin accordance with Policy 13.2 of the Conservation/Open Space/Recreation element of the City's General Plan which requires mitigation measures where development could or will affect archaeological resources. Mitigation Measures CUL -2 and CUL -3 below are required to reduce this potential impact to a level considered less than significant. The City notified the following tribes of the opportunity for consultation 1. Gabrieleno Band of Mission Indians — Kizh Nation 2. GabrielenolTongva San Gabriel Band of Mission Indians 3. Gabrieleno/Tongva Nation 4. Gabrielino/Tongva Indians of California Tribal Council 5. Gabrielino-Tongva Tribe 6. Juaneno Band of Mission Indians Achjachemen Nation — Belardes 7. Pala Band of Mission Indians 8. Santa Rosa Band of Cahuilla Indians 9, Soboba Band of Luiseno Indians 10. Campo Band of Diegueno Mission Indians 11. Ewiiaapaayp Bbd of Kumeyaay Indians 12. La Posta Band of Diegueno Mission Indians Only the Gabrieleno Band of Mission Indians-Kizh Nation requested consultation. The City conducted tribal consultation through the Bill (AB) 52 and Senate Bill (SB) 18 processes. On December 23, 2020, City staff consulted with the Gabrieleno Band of Mission Indians — Kizh Nation who requested consultation and specific mitigation measures, as shown in Section XVIII, Tribal Cultural Resources. The remaining tribes did not request consultation. Mitigation Measures/Monitoring Required: CUL -2: Prior to the issuance of the first grading permit, a qualified Native American monitor shall be retained by the Applicant/Developer to provide professional Native American monitoring services for any construction activities that may disturb native soils (i.e., previously undisturbed soil 18 -inches or more below the surface). The Native American monitor from the Gabrieleno Band of Mission Indians — Kizh Nation, shall be selected by the Applicant/Developer and verification of retention of the Native American monitor shall be provided to the City of Tustin Community Development Department on tribal letterhead, including the monitor's name and contact information. The Native American monitor and a City of Tustin Community Development Department designee shall be present at the pre -grading conference to establish procedures for Native American resource surveillance. The Native American monitor shall be present during all ground disturbing activities of native soil including but not limited to post holing, auguring, boring, grading, excavation and trenching. (See also TCR -1) c) Would the project disturb any human remains, including those interred outsides of formal cemeteries? Less Than Significant Impact. The property has been previously disturbed through its previous use as residential and agricultural land. There are no known human remains or cemeteries on the Project site or adjoining properties. Historically, the project site has consisted of agricultural and residential buildings. The project site has previously been disturbed and the likelihood that human remains would be discovered during site clearing and grading activities is extremely low. 29Page Initial StudylMitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin However, in the unlikely event that the Project Applicant discovers human remains during ground - disturbing activities, California Health and Safety Code Section 7050.5 requires that disturbance of the site shall remain halted. The County Coroner shall investigate the circumstances, manner, and cause of any death and recommend the treatment and disposition of the human remains to the person responsible for the excavation or to his or her authorized representative, in the manner provided in Section 5097.98 of the California Public Resources Code. The coroner is required to make a determination within two working days of notification of the discovery of the human remains. If the coroner determines that the remains are not subject to his or her authority or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) so that NAHC can contact the "most likely descendant". The most likely descendant shall receive access to the discovery and will provide recommendations or preferences for treatment of the remains within 48 hours of accessing the discovery site. Disposition of human remains and any associated grave goods, if encountered, shall be treated in accordance with procedures and requirements set forth in Sections 5097.94 and 5097.98 of the Public Resources Code; Section 7050.5 of the California Health and Safety Code; and CEQA Guidelines Section 15064.5. Compliance with existing law regarding the discovery of human remains would reduce potential impacts to human remains to a less -than -significant level. No mitigation measures are necessary. PPP -4 Should human remains be discovered during project construction, the project would be required to comply with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the human remains until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of notification by the Native American Heritage Commission (NAHC). Sources: 4. Submitted Plans 2.. Tustin City Code 3. Tustin General Plan 4. City of Tustin Historical Resources Survey (1990) 5. City of Tustin Historical Resources Survey (2003) 6. Secretary of Interior Standards for Preservation 7. County of Orange, Historical Aerial Imagery 30jPa9e Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Issues: VI. ENERGY. Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Potentially Significant Impact 0 Less Than Significant With Mitigation Incorporated City of Tustin Less Than Significant Impact ►a No Impact 0 b) Conflict with or obstruct a state or local ❑ E ® ❑ plan for renewable energy or energy efficiency? a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. The project, including construction activities, will not result in potentially significant environmental impact in that energy consumption for the project will be subject to California Building Standards Code and Title 24 2019 Building Energy Efficiency Standards during construction and operations. Southern California Edison provides electrical service to the project site. SoCalGas serves the project area. SoCalGas serves 21.6 million customers in a 20,000 -square -mile service area that includes over 500 communities (SoCalGas 2020). In 2018 (the most recent year for which data is available), SoCalGas delivered 5,156 million therms of natural gas, with the majority going to residential uses (CEC 2019b). Demand for natural gas can vary depending on factors such as weather, price of electricity, the health of the economy, environmental regulations, energy -efficiency programs, and the availability of alternative renewable energy sources. Natural gas is available from a variety of in-state and out-of-state sources and is provided throughout the state in response to market supply and demand. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. The project, including construction activities, will not conflict with or obstruct state and local plans for renewable energy and energy efficiency in that the project will comply with such requirements and implement energy efficiency measures as required by the 2019 California. Building Standards Code and Title 24. Mitigation Measures/Monitoring Required: NIA 311 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Sources: 1. City of Tustin General Plan (November, 2018) 2. City of Tustin Municipal Code 3. City of Tustin Building Code, Tustin Municipal Code Section 8102 (2019). Issues: VII. GEOLOGY AND SOILS. Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: 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? 321 Page Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ initial StudylMitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00009/DR 2019-00019) City of Tustin d) Be located on expansive soil, as defined ❑ ® ❑ ❑ in Table 18-1-8 of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ El supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique ❑ ❑ ® E] paleontological resource or site or unique geologic feature? a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: 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? Less Than Significant Impact. The project site is not located within the Alquist-Priolo Earthquake Fault Zoning Map. The closest known active fault is the Newport -Inglewood Fault, located at a distance of approximately 8 miles southwest of the project site. Other nearby active faults include the Elsinore Fault and the Whittier Fault, located 12.7 miles and 13.4 miles from the project site, respectively. Due to the distance of the closest active fault to the site, ground rupture is not considered a significant hazard at the site and the proposed development would have less than significant impact to the potential of adverse effects. PPP -5: Prior to issuance of a building permit, the applicant shall submit a geotechnical investigation report of the subject property. Less Than Significant Impact. The project site is located within a region of active faulting and seismicity in Southern California. Potential regional sources for major ground -shaking hazards include the San Adreas, San Jacinto, and Elsinore fault zones. This risk is not considered substantially different than that of other similar properties in the Southern California area. The project would be required to construct building modifications in accordance with the California Building Standards Code (CBSC), also known as California Code of Regulations (CCR), Title 24 and the City of Tustin 2019 Building Code. The CBSC and City Building Code are designed to preclude significant adverse effects associated with strong seismic ground shaking. The proposed project would not result in strong seismic ground shaking in that the project would not involve boring and/or driving pylons into the ground. 331 Page Initial StudylMitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin iii. Less Than Significant Impact. According to the State of California Department of Conservation Earthquake Hazards Zone Application, the project site is not located in a State of California delineated liquefaction zone, earthquake fault zone or landslide zone for liquefaction potential. In Southern California, most of the seismic damage to manmade structures results from ground shaking, and to a lesser degree, from liquefaction and ground rupture caused by earthquakes along active fault zones. However, due to the distance of the closest active fault to the site, seismic -related ground failure is not considered a significant hazard at the site and the proposed development would have less than significant impact to the potential of adverse effects. iv. No Impact. The project site is flat and is not located within proximity to hills or mountains and would not directly or indirectly cause potential substantial adverse effects related to landslides. bj Would the project result insubstantial. soli erosion or the loss of topsoil? Less Than Significant Impact. The potential for erosion or loss of topsoil would be negligible with development and implementation of erosion control Best Management Practices (BMPs) required of the Stormwater Pollution Prevention Plan (SWPPP) for development on the project site. An erosion control plan would be prepared prior to construction as part of the overall SWPPP to reduce sedimentation, erosion, and other water quality impacts associated with construction. The SWPPP would establish BMPs for erosion and sediment control and non -storm water management during construction activities. Additionally, a Preliminary Water Quality Management Plan (WQMP) has been prepared to prevent stormwater pollution and manage urban runoff after construction and approved by the City of Tustin; a Final WQMP will be reviewed and approved prior to issuance of building permits. During construction, the project would be required to comply with SCAQMD's Fugitive Dust restrictions (Rules 402 and 403) to reduce construction erosion impacts. Rule 402 requires the applicant to implement dust suppression techniques to prevent dust and soil erosion from creating a nuisance off site. Rule 403 requires the applicant to control fugitive dust with best available control measures so that it does not remain visible in the atmosphere beyond the property line of emissions source. In addition, the applicant would be required to comply with the City of Tustin Grading Manual (Tustin City Code Section 8904 et seq.) PPP -6 In order to comply with the 2003 DAMP, the proposed project shall prepare a Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP) conforming to the current National Pollutant Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, which shall be submitted to the Department of Public Works for review and approval. The SWPPP shall be prepared and updated as needed during the course of construction to satisfy the requirements of each phase of development. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. The SWPPP shall include treatment and disposal of all dewatering operation flows and for nuisance flows during construction. 341 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin A WQMP shall be maintained and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall ensure that the existing water quality measures for all improved phases of the project are adhered to. Location of the BMPs shall not be within the public right-of-way. PPP -7 The project shall comply with NPDES requirements for control of discharges of sediments and other pollutants during operations of the facility through preparation and implementation of a Final Priority Water Quality Management Plan (WQMP) in compliance with the Municipal Separate Storm Sewer System (MS4) Permit in effect for the Santa Ana Regional Water Quality Control Board (RWQCB) at the time of grading permit application. c) Would the project 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? No impact. According to the State of California Department of Conservation Earthquake Hazards Zone Application, the project site is not located in a State of California delineated Seismic Hazard Zone for liquefaction, earthquake fault zone or landslide zone potential. The project will be subject to the recommendations of a geotechnical report associated with future grading and building permits, which would ensure that any potentially unstable soils present on the project site are appropriately remediated through site design considerations. The risk associated with unstable soils causing harm to humans or structures is below the level of significance. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less than Significant with Mitigation: G-1 Grading plan review shall also be conducted by the City of Tustin City Engineer, or designee, prior to the start of grading to verify that requirements developed during the geotechnical design evaluation have been appropriately incorporated into the project plans. Design, grading, and construction shall be performed in accordance with the requirements of the City Building Code and the California Building Code (CBC) applicable at the time of grading, as well as the recommendations of the project geotechnical consultant as summarized in a final report subject to review by the City Engineer, or designee, prior to the start of grading activities. e) Would the project 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? No impact. The proposed project does not involve use or installation of septic tanks or alternative waste water disposal systems. The property is fully improved and connected to existing sewer services. 0 Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact. The project site is flat and does not contain any unique geologic features The project site has been disturbed through its historical use as agricultural land and is not anticipated to 351 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001IDR 201900019) City of Tustin contain unique paleontological resources. However, in the unlikely event that the Project Applicant encounters paleontological resources the project would be required to comply with California Public Resources Code (PRC), Chapter 1.7, Sections 5097.5 and 30244 PRC Section 5097.5 prohibits persons from knowingly and willfully excavating upon, or removing, destroying, injuring, or defacing any vertebrate paleontological site, including fossilized footprints or other paleontological feature. Therefore, a less than significant impact would occur and no mitigation measures are required. Mitigation Measures/Monitoring Required: NIA Sources: 1. Alquist-Priolo Earthquake Fault Zoning Map 2. Seismic Hazard Zone Map, California Department of Conservation 3. City of Tustin General Plan 4. City of Tustin Zoning Code 5. City of Tustin Building Code, Tustin Municipal Code Section 8102 (2019) 6. Submitted Plans Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated VIII GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or E] El ® El regulation adopted for the purpose of reducing the emissions of greenhouse gases? aj Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact: Temporary increases in greenhouse gas emissions are likely to occur during construction which would be greater than those typically experienced in the existing neighborhood. No demolition is proposed on the site. The project involves construction of three (3) new residential structures to accommodate five (5) dwelling units. Emissions created from construction activities are not anticipated to have a significant impact on the environment due to the scope of work and the minimal construction time anticipated. New construction will be required to comply with the latest addition of applicable codes which include energy codes related to efficiency. Materials proposed for the residences will be modern and meet high 361 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin efficiency standards to reduce greenhouse gas emissions. The proposal would result in five (5) dwelling units in addition to the existing dwelling unit currently on the site. The proposed total of six (6) dwelling units, including the existing historic residence, would be the maximum permissible under the R3 zoning development standards and equates to 14 units per acre, which would be consistent with the proposed General Plan Land Use designation of HDR which allows up to 25 dwelling units per acre. b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact: The proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gasses. Mitigation Measures/Monitoring Required: NIA Sources: 1. Submitted Plans 2. City of Tustin General Plan 3. City of Tustin Municipal Code 4. Tustin Grading Manual 5. CEQA Air Quality Handbook Issues: IX 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? 371 Page Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ Less Than Significant Impact No Impact ►/-ml initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less ThanM� No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated d) Be located on a site which is included El ❑ ❑ 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 E] ❑ E 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 or excessive noise for people residing or working in the project area? f) Impair implementation of or physically El El interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structure, either El directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. Project construction would require small amounts of potentially hazardous materials, including fuels, greases and other lubricants, and coatings such as paint. The handling, use, transport, and disposal of hazardous materials would be temporary and coincide with short term construction phase of the project. Although these materials would likely be stored on the project site, storage would be required comply with the guidelines of the product's manufacturer, as well as in accordance with applicable federal, state and local regulations pertaining to the storage of hazardous materials. A licensed contractor would be required to transport hazardous materials on or off the project site. The licensed contractor is required to follow procedures set forth by federal, state and local agency requirements relating to the transport of hazardous materials on and off site. The project would be subject to existing regulations of several agencies ---the Environmental Protection Agency (EPA), Orange County Environmental Health Division, California Division of Occupational Safety and Health (Cal/OSHA), US Occupational Safety and Health Administration(OSHA), and US Department of Transportation (USDOT), Resource Conservation and Recovery Act. No mitigation is required. 381 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001 OR 201900019) City of Tustin b) Would the project 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? Less Than Significant Impact. The present use of the property is residential and is proposed to continue as such. No demolition is proposed and it is not anticipated that hazardous emissions would occur. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact. Land use activities typically associated with hazardous emissions or handling of hazardous or acutely hazardous materials, substances, or waste, including heavy construction manufacturing, research and industrial uses. The proposed project does not include any such uses or activities. Construction of the proposed project will involve transport or use of small amounts of hazardous materials or emit hazardous emissions. As a residential land use, potentially hazardous materials associated with operation of the proposed project would include materials typically associated with cleaning and maintenance activities, including household hazardous waste, common wastes, and universal wastes. The EPA considers these materials to be common to businesses and households and to pose a lower risk to people and the environment than other hazardous wastes when individuals properly handle, transport, use and dispose of them (EPA 2020). Further, any potentially hazardous material handled on the project site would be limited in quantity and concentration, consistent with other similar residential uses in the City, and any handling, transport, use and disposal of such material would comply with applicable federal, state and local agencies and regulations. As such, even though the closest school to the project site (Tustin High School) and C. C. Lambert Elementary School — currently adult education facility) is located 0.60 miles east of the project site, the proposed project would not emit hazardous emissions or include handling of hazardous or acutely hazardous materials, substances, or wastes. Therefore, impacts associated with the emitting or handling of hazardous materials within 0.60 miles of a school would be less than significant. d) Would the project 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? No Impact. According to the Department of Toxic Substances Control, the project site is not listed as a hazardous material site. 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 or excessive noise for people residing or working in the project area? No Impact. The project site is not located within an airport land use plan. 0 Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 391 Page Initial Stud y/Miti'gated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin No Impact, The project would not alter or interfere with an adopted emergency response plan or emergency evacuation plan. gj Would the project expose people or structure, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact. The project site is not located in or near wildlands. Mitigation Measures/Monitoring Required: NIA Sources: 1. Submitted Plans 2. Tustin General Plan 3. John Wayne Airport Environs Land Use Map 4. Department of Toxic Substances Control — Hazardous Materials Sites 5. http://www.envirostor.dtsc.ca.gov/,public/ Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated X HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? b) Substantially decrease groundwater E] El supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site; 401 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ii) Substantially increase the rate or E amount of surface runoff in a manner which would result in flooding on- or off-site; iii) Create or contribute runoff water El which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or iv) Impede or redirect flood flows? El E) ❑ d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation El of a water quality control plan or sustainable groundwater management plan? a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Less than Significant Impact. The proposed site is located on a relatively flat site with an existing residential structure and use. Minimal grading would occur in conjunction with the proposed project and no substantial alteration of the site drainage pattern would occur. Residential uses as proposed by the project are existing in the area. Implementation of the provisions of the NPDES permit and compliance with City grading requirements would minimize construction impacts through best management practices (BMPs) that reduce construction -related pollutants. Typical BMPs include maintaining and creating drainages to convey and direct surface runoff from bare areas and installing physical barriers such as berms, silt fencing, wattles, straw bales, and gabions. BMPs also include good housekeeping practices such as storing hazardous materials, property managing waste/trash and regularly inspecting equipment. This would ensure that any impacts to downstream waters resulting from construction activities would be less than significant. In addition, the project would be required to comply with Tustin City Code Section 8904 — Grading Manual which sets forth the rules, procedures, definitions and interpretations to administer the chapter. The Grading Manual includes provisions to assure the water quality requirements and drainage relevant to 411 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin activities identified in the code that apply to this project. Therefore, short term construction impacts associated with water quality would be less than significant. No mitigation is required. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. The project is located on an existing residential site serviced by Tustin Water Operations. The scale of the project does not have the potential to impact water supplies, nor deplete groundwater supplies or interfere with groundwater recharge or lower the local ground water table level. The project would not redirect flood waters and the site is not within an area that would expose people to seiche, tsunami or mudflow. Future uses on the site that could contribute pollutants to stormwater runoff include parking areas, uncovered storage, landscape/open space areas, and general litter/debris. The applicant would be required to implement a Water Quality Management Pian (WQMP) throughout the operational life of the project. The purpose of the WQMP is to reduce the discharge of pollutants in stormwater and to eliminate increases in pre-existing runoff rates and volumes by outlining BMPs, which must be incorporated into the design plans of new development. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: L Result in substantial erosion or siltation on- or off-site; ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; iii. 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; or iv. Impede or redirect flood flows? No Impact. (i -iv) Compliance with the City's Grading Ordinance and the Tustin 2019 Building Code would ensure that the project is designed with adequate drainage improvements, erosion control measures, and pollution control plans. The proposed residential use would not create significant impacts to stormwater runoff or discharge pollutants due to post -construction activities. A Water Quality Management Plan would be required prior to issuance of a building permit. d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No Impact. The project is designated Zone X — Other Flood Areas in the most recent Flood Insurance Rate Map prepared by the Federal Emergency Management Agency (FEMA) and is not located in a 100 - year floor hazard area. (haps://www.fmglobal.com/research-and-resources/nathaz-toolkit/flood-map). 421 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin This zone is defined as "areas of .2 percent flood chance, areas of one percent annual chance of flood with average depths of less than one foot or with drainage area less than one square mile, and areas protected by levees from a one percent annual change of flood." ej Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No Impact. The proposed project is a priority project and a preliminary water quality management plan (WQMP) has been prepared. At the time of building plan check, the project will be required to comply with the City's Water Efficient Landscape Ordinance, NPDES General Construction permit from the State Water Resources Board and prepare a SWPPP. The SWPPP includes BMPs to reduce water quality impacts, including various measures to control on-site erosion, reduce sediment flows into storm water and wind erosion, reduce tracking of soil and debris into adjacent roadways and off-site areas and manage wastes, materials, wastewater, liquids, hazardous materials, stockpiles, equipment and other conditions to prevent pollutants from entering the storm drain system Mitigation Measures/Monitoring Required: NIA Sources: Submitted Pians Tustin City Code Tustin General Plan Tustin Grading Manual Flood Insurance Rate Map Tustin City Code Section 4900 et al -- Water Quality Control Preliminary Water Quality Management Plan Issues: XI. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Would the Project: a) Physically divide an established community? 431 Page Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ Less Than Significant Impact No Impact Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001lDR 2019-00019) City of Tustin No impact. The proposed project involves a single parcel of 18,557 square feet and is improved with a residential structure of 1,650 square feet and a 441 square -foot detached garage. The proposed project includes the addition of five (5) residential apartment units on the parcel in a neighborhood that includes commercial, multi -family residential and single-family residential uses. The project site is adjacent to multi -family residential uses to the west and south, and commercial uses to the east of the project site. The project would not create any land use barriers or otherwise divide or disrupt the existing physical arrangement of the surrounding community. No impact would occur. h) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No impact. General Plan Amendment 2019-00001 proposes to change the property's General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). The property's prior Land Use Designation of Multiple Family Residential (MF) was changed to Community Commercial (CC) during a comprehensive City initiated General Plan Update approved in 1994. Multiple family zoning and use of the property was never changed to reflect CC Land Use Designation or implement a commercial use. Without significant lot consolidation with other properties and redevelopment along Newport Avenue, commercial development of the property is highly unlikely due to the small lot size (18,577 square feet), lot orientation (narrow street frontage), and location (surrounding residential uses). The proposed General Plan Amendment would return the property to its prior General Plan Land Use Designation which would be consistent with the existing use of the properties and offer a more practicable land use of the property given the existing context. Mitigation Measures/Monitoring Required: NIA Sources: Field verification Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Map Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact , With Impact Mitigation Incorporated XII 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? 441Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant. Significant Impact Impact With Impact Mitigation Incorporated b) Result in the loss of availability of a ❑ ❑ ID locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? a) Would the project 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) Would the project 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? a -b) No impact. The project site is located within a completely urbanized area with no capability or permission for mineral extraction activities. Any opportunity for extraction of underlying mineral resources has been lost due to urbanization. The City of Tustin General Plan does not identify any locally important mineral resources within the City. No impact to state, regional, or local mineral resources could occur and future analysis of impacts to these resources will not be required for this project. Mitigation Measures/Monitoring Required: NIA Sources: 1. City of Tustin General Plan 2. City of Tustin City Code 3. Submitted Plans Issues: XIII NOISE. Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 451 Page Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ® ❑ ❑ Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated b) Generation of excessive groundborne E] ❑ vibration or groundborne noise levels? C) For a project located within the vicinity ® El of a private airstrip or an airport land use pian 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? a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant With Mitigation Incorporated. The City of Tustin Noise Element of the General Plan establishes noise requirements for indoor and outdoor residential uses. Both standards are based on the CNEL Index and are 65 dB CNEL for exterior noise and 45 CNEL for interior noise. Chapter 6 of the Tustin City Code identifies Noise Zone 1 for all residential properties with exterior Noise Level capped at 55 db(A) from 7:00 a.m. to 10:00 p.m. and 50 db(A) 10:00 p.m. to 7:00 a.m. The proposed project would create noise during project construction, which would be short term in nature and conditions on construction permits require compliance with the Tustin City Code. The City of Tustin limits construction activities to between the hours of 7:00 a.m. and 6:00 p.m. Mondays through Friday, and the hours of 9:00 a.m. and 6:00 p.m. on Saturday and never on Sundays or city -observed federal holidays. Construction activities that occur during allowable hours are exempt from noise standards. In some cases, a temporary exception may be granted and conditions may be imposed on construction activities to protect the health, safety and welfare of the community. Any approval granted may be summarily revoked by the Building Official or Director of Public Works at the sole discretion of each official. Additionally, pile drivers, hammers, operation of shovel, pneumatic hammer, grading a dexcaving machinery, paving equipment or other appliance which is attended by loud or unusual noise is prohibited between all hours on Sundays and city observed holidays. Noises associated with ongoing operations of the project would include typical noise sources associated with residential land use. The principal source of offsite noise in the project area would be traffic on local roadways. No significant impact is expected from noise because the proposed multifamily land use is not expected to general higher levels of noise than the surrounding traffic, commercial and residential land uses. Onsite noise measurements were taken on October 14, 2020, in order to document existing baseline levels in the area, with traffic noise exposure a concern for the proposed residential units (Appendix B). 461 Page initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin Air conditioning units during warmer weather and occasional aircraft overflights contribute to the typical suburban ambient noise levels in the project area. San Juan Street, Newport Avenue and Interstate 5 are the most significant sources of transportation noise contributing to the ambient noise levels. The projected indoor noise exposure is expected to exceed 45 dB CNEL in the rooms on level three (3) for the four three (3) story residences with windows open. In order to meet the indoor noise criterion of not exceeding 45 dB CNEL, windows and doors must remain closed and building ventilation must be provided for the rooms on level 3 per the applicable California Building Code. N-1: Prior to issuance of a building permit for three-story residences, the Project Applicant/Developer shall submit a final acoustical report to the City of Tustin Director of Community Development, or designee, that demonstrates that the interior noise levels in all habitable rooms shall not exceed 45 A - weighted decibels (dBA) Community Noise Equivalent Level (CNEL), as defined by Title 24, Part 2 of the California Building Code. Project Applicant/Developer shall provide, at a minimum, mechanical ventilation for all new residential units per the applicable Building Code. b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels? Less than Significant Impact. The proposed residential condominium project is not anticipated to expose persons to or generate noise levels in excess of local standards of the General Plan or noise ordinance or expose persons to excessive groundborne vibration. Construction activities may result in short term impacts to the noise environment, however, the project's construction activities do not include activities known to induce strong vibration effects, such as those produced by tunneling or blasting. c) For a project located within the vicinity of a private airstrip or 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? Less than Significant Impact. John Wayne.Airport is located 6.8 miles southeast of the project site. The project site is not within the John Wayne Airport Land Use Plan. Airplane overflight does occur in the project area; however, noise associated with the overflights do not result in measurements that exceed the City's noise standards. There are no other private airfields or airstrips in the vicinity of the project site and no private airstrip is proposed as part of the project. Mitigation Measures/Monitoring Required: NIA Sources: 1. City of Tustin General Plan 2. City of Tustin City Code 3. John Wayne Airport Environs Land Use Pian 3. Kiba Residential Complex Transportation Noise Study dated October 14, 2020 471Page Initial StudylMitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-40001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than Sm Now..,. Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIV 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 road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? a) Would the project Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? Less than Significant Impact. The proposed project includes the construction of five (5) new residential units and one (1) existing residential structure, for a total of six (6) residential units on the project site for a net gain of five (5) dwelling units. The creation of five (5) additional dwelling units at the subject property would not induce substantial population growth in an urban area that is already built out. According to the City of Tustin General Plan, the proposed project would generate 2.15 persons per dwelling. Therefore, the project would increase population by an estimated thirteen (13) new residents. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Less than Significant Impact. The project site is an existing residential property with one residential unit located on it. The proposed project will not result in displacement of existing housing nor necessitate construction of replacement housing. Mitigation Measures/Monitoring Required: NIA Sources: 1. Field Verification. 2. Submitted Plans 3. Tustin General Plan 4. Tustin City Code 481 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001IDR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than Nol,m.. Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XV PUBLIC SERVICES. Would the project: a) 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: i. Fire protection? El L] ® El ii. Police protection? El ❑ ® El ill. Schools? L1 El iv. Parks? El El V. Other public facilities? El El ® El aj Would the project result insubstantial 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? Less than Significant Impact: Fire services for Tustin are provided by Orange County Fire Authority (OCFA). The OCFA is a regional fire service agency that provides structure fire protection, emergency medical and rescue services, hazardous materials inspection and response, and public education activities. Response times in the City vary based on the level of emergency; however, the response time goal is for the first unit to arrive on scene in 7 minutes and 20 seconds from receipt of the call, 80 percent of the time. 491 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001lDR 2019-00019) City of Tustin Three fire stations are strategically located throughout the City of Tustin, providing primary response for fire suppression and emergency medical services to the community. Station 21 is closest to the project site. Fire Station 21 is located at 1241 Irvine Boulevard, approximately 1.0 mile away from the project site. Fire Station 37 is located at 15011 Kensington Park Drive, approximately 1.6 miles from the project site. Fire Station 43 is located at 11490 Pioneer Way, Tustin, approximately 3.8 miles from the project site. Project compliance with requirements set forth in the City's Building Regulations (Article 8 of the TCC), which references the City -adopted California Fire Code, 2019 Edition, would provide protection for people and structures as well as emergency medical services on site. PPP -8 Prior to issuance of a grading permit the applicant or responsible party shall submit a fire master plan (service code PR145) to the Orange County Fire Authority for review. Approval shall be obtained prior to the issuance of grading or building permits. No new fire department facilities would be required to be constructed to accommodate the proposed multifamily residential development. The proposed project would be designed to comply with all Fire Department access requirements and California Fire Code requirements, would not impair emergency response vehicles or increase response times, and would not substantially increase calls for service, thereby triggering the need for new or altered facilities. fl. Police Protection? Less than Significant Impact -- The project site is served by the City of Tustin Police Department located within .30 miles northeast of the project site at 300 Centennial Way, Tustin, CA 92780. A multifamily residential project consisting of six (6) residential units would not result in a significant increase in demand for police protection services. The proposed project would not result in a requirement for the construction of new or physically altered police facilities. iii. Schools? Less than Significant Impact. The project site is located within the boundaries of the Tustin Unified School District (TUSD). The elementary, middle, and high school campuses closest to the site are Benjamin Beswick Elementary School (approximately 1.0 miles), C. E. Utt Middle School (1.3 miles) and Tustin High School (approximately 0.7 miles). iv. Parks? Less than Significant Impact, The City of Tustin has a population of approximately 83,000 served by 177.7 acres of public and private park land. The project site is located within 0.6 miles from Pine Tree Park. The project is small in nature and no new park facilities would be required as a result of the implementation of this project. V. Other public facilities? Less than Significant Impact. The Orange County Public Library (OCPL) has a network of 33 libraries throughout the County, and one of the OCPL branches is located in the City of Tustin. The Tustin Branch Library is located at 345 E. Main Street, Tustin, CA 92780, approximately 0.25 miles northeast of the project site. According to the Growth Management Element of the Orange County General Plan, the County's standards for library service are one 10,000 sf branch library 50Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin facility per 50,000 residents, or if appropriate, one 15,000 square -foot regional library per 75,000 residents. Tustin Library, opened in 2009, is a 32,000 square -foot library with a book capacity of 209,000 volumes. As of the census in 2010, Tustin had a population of 75,540. Therefore, the OCPL is currently meeting the County's standard for library size for the City. Demands for library service are generated by the population in a library's service area. The project would increase area residents by approximately 13 persons requiring 4.96 square feet (or 0.2 square foot per person) of library space. The project would not create a need for additional library service. Furthermore, authorized by Government Code Section 6601, the Orange County Board of Supervisors adopted resolution No. 13-062 with respect to the Development Fee program for Branch Libraries, stating that those facilities have been constructed and the fee program is no longer needed. Therefore, impacts to public libraries would be less than significant and no mitigation is required. Mitigation Measures/Monitoring Required: NIA Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code 3. Growth Management Element of the Orange County General Plan. Issues: XVI RECREATION. Would the project: a) 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 have an adverse physical effect on the environment? Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ® ❑ ❑ ❑ ❑ 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? Less Than Significant Impact. The proposed project is small in nature and involves the construction of two (2) duplexes and one (1) detached single family residence and an existing residential structure. The 511 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001 /DR 2019-00019) City of Tustin proposed project would not result in the substantial physical deterioration or significantly increase the use of existing neighborhood and regional parks due to the low number of residential units and anticipated number of residents (2.15 residents per dwelling unit or approximately 13 residents), b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? No impact. The project would include common areas located on the project site. These include a courtyard with barb-ques, seating, a children's play area, dog run, and basketball court and open landscaped areas. These amenities would not have an adverse physical effect on the environment. Mitigation Measures/Monitoring Required: NIA Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XVII TRANSPORTATION. Would the project: a) Conflict with a program, plan, ❑ El ❑ ED ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with C1=QA L1 ❑ Guidelines section 15064.3, subdivision (b)? C) Substantially increase hazards due to El El 19 a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency El access? 521 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 201900019) City of Tustin a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No impact. The project would not conflict with any program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. Transit service in the project area is served by Orange County Transit Authority (OCTA). Pedestrian facilities in the project area include sidewalks and crosswalks. There is a Class 1 bicycle route on Newport Avenue, between FI Camino Real and Irvine Boulevard, approximately 0.1 mile from the project site. b) Would the project Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less than Significant Impact. Pursuant to CEQA Guidelines Section 15064.3, generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high-quality transit corridor should be presumed to be less than significant transportation impact. The project site is located within 300 lineal feet from a bus stop on Newport Avenue, between 1-5 and Walnut Street, which is classified as an augmented primary arterial highway. c) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The proposed project is located on an existing rectangular lot of less than 0.50 acres and is within an urbanized area. The project would meet all development standards such as setbacks, open space, drive aisles, etc. d) Would the project result in inadequate emergency access? No Impact. The Orange County Fire Authority and Tustin Police have reviewed the project plans and have not identified any concerns on the property regarding emergency access. Mitigation Measures/Monitoring Required: NIA Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code 3, CEQA Guidelines 53Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XVIII TRIBAL CULTURAL RESOURCES Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or is eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. /1 ►1 FE -1 0 Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or is eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). Less than Significant Impact: As discussed in Section V (Cultural Resources), the project site contains a historical resource identified in the City of Tustin Historic Resources Surveys (1990 and 2003). The existing resource has an NRHP status code of 5S3 (Not eligible for separate listing or designation under an existing local ordinance but is eligible for special consideration in local planning). The historical resource is significant for its Colonial Revival style with Craftsman influence and its association with early 541 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Tustin residents. The house was built in 1907 by Edward E. Smith, a local walnut grower. Historical photographs indicate that the house was surrounded by groves until at least 1930. Based on prior agricultural uses and development on the site, it is unlikely that the project would result in a substantial adverse change in a tribal cultural resource defined pursuant to California Public Resources Code Section 21074. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than Significant With Mitigation Incorporated: There are no known Tribal Cultural Resources within the boundaries of the project site. The project Site has been subject to agricultural land uses, previous development and demolition activities (removal of unpermitted structures) and it is unlikely to be significant pursuant to Public Resources Code Section 5024.1(c). In considering the significance of the resource to a California Native American tribe, the City contacted the NAHC for a listing of tribes with traditional lands or cultural places located within the boundaries of the project site and to search the Sacred Lands File (SLF). The SLF search result was negative. The City contacted the tribes per the NAHC listing, and only one tribal representative responded --- Andrew Salas of Gabrieleno Band of Mission Indians — Kizh Nation. The Gabrieleno Band of Mission Indians — Kizh Nation considers the project site to be within its ancestral tribal territory, descending from a higher degree of kinship than traditional or cultural affiliation. They also indicated that the project site is in a sensitive area and may cause a substantial adverse change in the significance of the Tribal Cultural Resources. For this reason, they recommended a tribal monitor(s) to be present during ground disturbing activities. Upon discovery, if the finds are determined to be Native American, the coroner will notify the NAHC as mandated by state law who will then appoint a Most Likely Descendent. The Gabrieleno Band of Mission Indians — Kizh Nation indicated that to the tribe, the term "human remains" encompasses more than human bones, but also the burial of funerary objects with the deceased, and the ceremonial burning of human remains. These remains are to be treated in the same manner as human bones that remain intact. Associated funerary objects are objects that are reasonably believed to have been placed with individual human remains either at the time of death or later as part of the death rite or ceremony of a culture. Other items made exclusively for burial purposes or to contain human remains can also be considered associated funerary objects. Because there is a possibility that grading and excavation activities during implementation of the proposed project could impact previously undisturbed Tribal Cultural Resources, MM -TCR -1 shall be required to reduce this potential impact to less than a significant level. Mitigation Measures/Monitoring Required: MM -TCR -1 Prior to the issuance of a grading permit and commencement of any ground disturbing activity at the project site the project applicant shall retain a Native American Monitor approved by the Gabrieleno Band of Mission Indians-Kizh Nation — the tribe that consulted on this project pursuant to Assembly Bill A52 - SB18 (the "Tribe" or the "Consulting Tribe"). copy of the executed contract shall be submitted to the City of Tustin Community Development Department prior to the issuance of any permit necessary to commence a ground -disturbing activity. The Tribal monitor shall only be present on-site 551 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin during the construction phases that involve ground -disturbing activities. Ground disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project site, The Tribal Monitor shall complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all ground -disturbing activities on the Project Site are completed, or when the Tribal Representatives and Tribal Monitor have indicated that all upcoming ground -disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources. Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 25 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by the Tribal monitor approved by the Consulting Tribe. if the resources are Native American in origin, the Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. If human remains and/or grave goods are discovered or recognized at the Project Site, all ground disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and gravelburial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[f]). If a non -Native American resource is determined by the county certified archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code 561 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIX UTILITIES AND SERVICE SYSTEMS. Would the project: a) Require or result in the relocation or ❑ E construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? C) Result in a determination by the F-1 F-1 ® El 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? d) Generate solid waste in excess of State F-1 ® F-1 or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local 0 F-1 ® F-1 management and reduction statues and regulations related to solid waste? a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment orstorm waterdrainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No Impact. The project site is located within an urbanized area where utilities such as water, electric power, natural gas, telecommunications facilities are already provided. No construction or relocation of utilities would be required. 571 Page Initial StudylMitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin b) Would the project 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? Less than Significant Impact. The project site is within the service area of the City of Tustin Public Works Department, Water Services Division. The Water Services Division prepared a 2016 Urban Water Management Plan (UWMP) which provides information on present and future water resources and demands and assesses water resource needs for the utility. The UWMP determined that the City is capable of meeting the water demands of its customers in normal, dry, and multiple dry years through 2040. Based on the City's water use per day in 2016 of 122 gallons per capita, the estimated 13 residents would generate an additional water demand of 1,586 gallons per day compared to existing conditions. The City would have sufficient water supply to serve the project into the foreseeable future. c) Would the project 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? Less than Significant Impact. Construction of new waste water treatment and/or storm drain facilities to service the project are not required. The project will connect to the existing sewer system. Compliance with utility or service provider and City requirements identified during project review will ensure no impacts will occur. d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact: CR&R Waste Services provides solid waste collection and disposal services to the City of Tustin. The project would be required to comply with local, state and federal requirements for integrated waste management (i.e., recycling) and solid waste disposal. The project is anticipated to have no impact on landfill capacity. e) Would the project comply with federal, state, and local management and reduction statues and regulations related to solid waste? Less than Significant Impact. Tustin City Code (TCC) Section 4351 et seq. require diversion of construction and demolition debris in conformance with California Green Building Standards Code. A minimum of 65% of construction and demolition debris must be diverted from landfills. All applicants are required to complete and submit a WRRP to the Public Works Department as part of the application packet for a construction permit. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. OC Watersheds http://www.ocwatersheds.com/documents/damp 4. Water Code Section 10910, et. Seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221) 5. 2015 UWMP 581 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Issues: XX WILDFIRE. if located in or near state responsibility areas or lands classified as very high fire hazard severity zones. Would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? C) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risk, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ INK 0 ❑■ City of Tustin Less Than No Significant Impact Impact El ❑■ �R 041 a) Would the project substantially impair an adopted emergency response pian or emergency evacuation plan? No impact. The project site is located in an urbanized area is not located in or near lands classified as very high fire hazard severity zones. 591 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001 /DR 2019-00019) City of Tustin b) Would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No impact. The project site is not located in or near lands classified as very high fire hazard severity zones. c) Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No impact. The project site is not located in or near lands classified as very high fire hazard severity zones. d) Would the project expose people or structures to significant risk, including downslope or downstream flooding or landslides, as a result of runoff, post fire slope instability, or drainage changes? No impact, The project site is flat and located within an urbanized area. it is not located in or near lands classified as very high fire hazard severity zones. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Pian (November 1, 2018) 2. City of Tustin Zoning Code 3. Submitted Plans. 3. CALFIRE Very High Fire Hazard Severity Zone Map; Orange County, October 2011. https://www.ocoublicworks.com/civicax/filebank/blobdload.aspx?BloblD=8755 601 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-000011DR 2019-00019) City of Tustin Issues: PotentiallyR Less ThanM Less Than FNNo �. XVIII MANDATORY FINDINGS OF SIGNIFICANCE= a) Does the project have the potential to substantially 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, substantially 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 project, and the effects of probable future projects.) C) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Items a -c Wo Impact" Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ This project is a small infill project located in an urbanized area in the City of Tustin. The project is currently occupied by a single family residence. The project site is not populated or used by any species identified as a candidate, sensitive or special status, and does not contain habitat that would support sensitive species. The project site is not within or adjacent to the NCCPIHCP Habitat Reserve. Therefore, there would be no impact to fish or wildlife population, reduce the number of rare or endangered plant or animal or eliminate examples of the major periods of California history or prehistory. 611 Page Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin The project involves the development of five (5) residential units consisting of three (3) new buildings and one (1) existing detached single-family residential building. General Plan Amendment 2019-00001 would return the property to the General Plan Land Use Designation for high density residential purposes which the property was previously designated consistent with other residentially used properties along San Juan Street. The neighborhood is built -out within an urbanized area and has been developed for residential purposes. The project meets the applicable development standards of the Multiple Family Residential (R3 2000) zoning district. There are no cumulative impacts anticipated and the project is not expected to have any adverse effects on human beings. For all resources analyzed, with the incorporation of feasible mitigation measures (CUL -1, CUL -2, CUL -3, MM -TCR -1), proposed Project would not result in impacts to Cultural Resources or Tribal Cultural Resources. Therefore, the Project would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause 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. Mitigation Measures/Monitoring Required: NIA Sources: 1. Submitted plans. 2. Tustin City Code 3. 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E � / $ b m M .d I m 0 N 0 N O C7 r N lei M5 N M :D r O N O 2 W LU ro U c 0 a� O 2 to U i d E Q .3 Cr W 0 G O t+ N O O r 0 O m a O N tm CDO r r Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Pian Amendment only) (GPA 2019-0000111DR 2019-00019) APPENDIX B City of Tustin TRANSPORTATION NOISE ANALYSIS FOR KIBA RESIDENTIAL PROJECT OCTOBER 14, 2020 641Page Transportation Noise Analysis for Kiba Residential Complex Rev. 1 Project # 2010A October 14, 2020 Chris Kellstrom 1042 San Juan Street Tustin CA Eric Seavey, P.E., INCE Bd. Cert, SEAVEY ACOUSTICS, LLC 17192 Murphy Avenue #15661 Irvine, CA 92623 Transportation Noise Analysis for Kiba Residential Complex 1 INTRODUCTION 1042 San Juan Street, Tustin, CA is a residential lot located on the southside of San Juan Street between Newport Avenue and Orange Street with one single family residential unit. The project proposes to build two duplex 3 -story structures and a 2 -story single family structure. The 3 -story structures will be built on the southeast and south west sides of the property, and the 2 -story structure will be built next to the existing single family structure on the northwest side of the property. Figure 1 presents the vicinity map and Figure 2 presents the project site. Figure 1. Vicinity Map of 1042 San Juan Street Project re ¢r[ _. t 1 ) I -- . "t true y �9�2 San Jua � 4 i �'T aspen � .. •\\ .y�;y . 1 =`Y Transportation Noise Analysis for Kiba Residential Complex Figure 2. Site Map of 1042 San Juan Street Project This project site is surrounded by residential land use with a main roadway, San Juan Street, along the northeast side of the property. Air conditioning units during warmer weather and occasionally aircraft overflights contribute to the typical suburban ambient noise levels in this area. San Juan Street, Newport Avenue and Interstate 5 are the most significant sources of transportation noise contributing to the ambient noise levels. This report will include any outdoor or indoor traffic noise mitigation required to meet the Conditions of Approval by the City of Tustin. 2 NOISE EXPOSURE CRITERIA The City of. Tustin specifies outdoor and indoor noise exposure limits for residential land uses, and are based on the Community Noise Equivalent Level (CNEL). The CNEL is a 24-hour time -weighted annual A -weighted average noise level. A -weighting is a frequency dependent adjustment that correlates overall sound pressure levels with the frequency response of the human ear. Time weighting refers to the fact that noise that occurs during certain noise -sensitive time periods is given more significance. In the calculation of CNEL, noise occurring in the evening time period (7 p.m. to 10 p.m.) is increased by 5 dB, while noise occurring in the nighttime period (10 p.m. to 7 a.m.) is increased by 10 dB. 2 Transportation Noise Analysis for Kiba Residential Complex The City of Tustin has adopted an outdoor noise exposure limit of 65 dB CNEL for the private patio areas and balconies for residential structures. In addition, the City uses an indoor noise limit of 45 dB CNEL for habitable spaces. 3 OUTDOOR NOISE EXPOSURE To determine the noise exposure from traffic noise, Soundplan Essentials is used and calculates noise propagation in accordance with the Federal Highway Administration Traffic Noise Model. The Arterial Traffic Distribution Estimate was compiled by the Orange County Environmental Management Agency, and is based on traffic counts at 31 intersections throughout the Orange County area. Arterial traffic distribution estimates can be considered typical for arterials in Southern California. The traffic distribution for Interstate 5 (1-5) was obtained from 2016 data from California Performance Measurement System (PeMS). For this study, The arterial and 1-5 traffic distribution was used in the analysis, and is presented in Table 1. Table 1 Annual Average Daily Traffic Distribution Percentage Vehicle Type Day Evening Night Arterial Roadways Auto 75.51% 12.57% 9.34% Medium Truck 1.56% 0.09% 0.19% Heavy Truck 0.64% 0.02% 0.08% 1-5 Auto 74.14% 12.10% 9.17% Medium Truck 1.4% 0.23% 0.17% Heavy Truck 2.18% 0.36% 0.27% The Annual Average Daily Traffic (AADT) for San Juan Street and a number of major roadways in the vicinity of the project were obtained from the City of Tustin for 2018, and extrapolated to year 2040 buildout conditions with a 2% per year AADT increase. The AADT for 1-5 was obtained from the 2019 Traffic Flow Map, and extrapolated to year 2040 buildout conditions with a 2% per year AADT increase. Table 2 presents the AADT used for calculating the traffic noise exposure. Table 3 presents the projected noise exposure for a number of facades with highest traffic noise exposure and the front yard of the 2 -story residence. The projected outdoor noise exposure does not exceed 65 dB CNEL at any facade of the building at any level and the front yard. No further outdoor noise mitigation is required. Appendix A includes a graphical layout of the CNEL calculation locations and noise exposure levels. Appendix B includes the noise exposure contributions for each roadway. 3 Transportation Noise Analysis for Kiba Residential Complex Table 2 Year 2040 Buildout AADT Used for the Traffic Noise Exposure Calculations Roadway 1-5 Newport Ave. E. Main St. Bryan St, San Juan St. AADT 520,995 44,060 19,325 22,262 5,720 Speed Limit 65 35 40 40 25 (mph) 55 57 Northern 3 -Story Residence SE Facade 49 53 Table 3 Projected Year 2040 CNEL Noise Exposure at Kiba Residential Complex Noise Exposure Location Projected CNEL (dB) Level 1 Level 2 Level 3 Front Yard 63 - 2 -Story Residence NE Facade 60 - - 2 -Story Residence NW Facade 53 58 - Northern 3 -Story Residence NW Facade 49 55 57 Northern 3 -Story Residence SE Facade 49 53 58 Southern 3 -Story Residence NW Facade 49 54 56 Southern 3 -Story Residence SE Facade 50 56 58 Windows/Doors Closed With construction practices common in California, residential buildings achieve outdoor -to -indoor noise level reductions of at least 20 dB. The indoor CNEL is equal to the outdoor -to -indoor noise level reduction subtracted from the outdoor CNEL. With all windows and doors closed, the indoor noise exposure is projected to range from 27 to 40 dB CNEL. The projected indoor noise exposure does not exceed 45 dB CNEL in any rooms with windows and doors closed. No further noise mitigation is necessary. Windows/Doors Open If building occupants want fresh air, they may open their windows if there is no other means of building ventilation. However, with windows and/or doors open, the outdoor -to -indoor noise level reduction reduces to approximately 12 dB. With windows and/or doors open, rooms of the 2 -Story Residence have indoor noise exposures ranging from 41 to 48 dB CNEL. The projected indoor noise exposure is expected to exceed 45 dB CNEL Living Room, Dining Room, Bedroom 2 and Bedroom 3 of the 2 -Story Residence with 4 Transportation Noise Analysis for Kiba Residential Complex windows and/or doors open. In order to meek the indoor noise criterion of not exceeding 45 dB CNEL, windows and doors must remain closed, and building ventilation must be provided per the applicable California Building Code. With windows and/or doors open, rooms of the four 3 -Story Residences have indoor noise exposures ranging from 37 to 46 dB CNEL. The projected indoor noise exposure is expected to exceed 45 dB CNEL in the rooms on level 3 of the four 3 -Story Residences with windows open. In order to meet the indoor noise_ criterion of not exceeding 45 dB CNEL, windows and doors must remain closed. and building ventilation must be provided for the rooms on level 3 per the applicable California Building Code. 5 Transportation Noise Analysis for Kiba Residential Complex Appendix A Calculated Traffic Noise Exposure Locations C Transportation Noise Analysis for Kiba Residential Complex Appendix B Noise Exposure Contributions per Roadway Contribution levels of the receivers Level Source name Traffic lane Lden dB(A) .t'51'p.. Bryan Street 36.7 E Main Street 39.0 1-5 - 44.4 Newport Ave - 53.4 San Juan Street EB 56.2 San Juan Street WB 54.5 Bryan Street 33.3 E Main Street 28.5 1-5 45.5 Newport Ave 50.4 San Juan Street EB 44,9 San Juan Street WB 44.2 Bryan Street - 36.7 E Main Street 29,5 1-5 - 48.0 Newport Ave - 55.4 San Juan Street EB 49.7 San Juan Street WB 49.2 Mh Bryan Street 37.9 E Main Street 40,8 1-5 45.3 Newport Ave 56.1 San Juan Street EB 59.2 San Juan Street WB 57.0 y�}[ Bryan Street 23.1 E Main Street 22.3 1-5 - 46.1 Newport Ave 40.9 San Juan Street EB - 29.0 San Juan Street WB 28.8 Bryan Street 24.6 E Main Street - 24.3 1-5 - 49.2 Newport Ave 461 San Juan Street EB 29.4 San Juan Street WB 29.4 Bryan Street 29.3 E Main Street 26.6 1-5 42.3 Newport Ave - 47.7 San Juan Street EB - 32.6 San Juan Street WB - 32.2 p � a z �"E�1' �� ' .. .. -.', „x. .�:. o, . � . � _ � R, ... 4..`������k < �n.�.tr���,i���? �t�•� was... �,.., r.A��� : �bn �;�.; Bryan Street 32.7 E Main Street 27.7 1-5 - 45.6 Newport Ave 54.6 San Juan Street EB - 40.6 San Juan Street WB 40.4 M nEMaiWA Street - 34.3 nSireet - 30.6 Contribution levels of the receivers Level Source name Traffic lane Lden dB(A) 1-5 48.4 Newport Ave - 55.6 San Juan Street EB - 41.4 San Juan Street WB 41.1 i`W,M c ea g �" E� yam. "� +F- k t �:y $ a '(","' F'",.,,5'W^ .•;;y '"w' �` Bryan Street 28.5 E Main Street 22.9 1-5 47,6 Newport Ave 39.2 San Juan Street EB 38,3 San Juan Street WB 38.0 Bryan Street 30.2 E Main Street 23.2 1-5 52.1 Newport Ave 44.6 San Juan Street EB 36.8 San Juan Street WB 36.5 Bryan Street - 29.2 E Main Street - 25.3 1-5 - 57.4 Newport Ave 46.9 San Juan Street EB - 37.2 San Juan Street W B - 37.1 Bryan Street 35.3 E Main Street - 25.0 1-5 - 46.7 Newport Ave 43.2 San Juan Street EB 36,2 San Juan Street WB 35.9 y �} Bryan Street 37.0 E Main Street 264 1-5 50.9 Newport Ave 49.9 San Juan Street EB 35.5 San Juan Street WB 35.2 Bryan Street 38.2 E Main Street - 29.1 1-5 54.5 Newport Ave 51.2 San Juan Street EB - 35.9 San Juan Street WB 35.8 Bryan Street 27.4 E Main Street 20.7 1-5 49.3 Newport Ave - 33.7 San Juan Street EB 26,1 San Juan Street WB - 26.3 Bryan Street - 33.2 E Main Street 23.2 1-5 55.7 Newport Ave 38.7 San Juan Street EB 30.3 San Juan Street WB 30.1 Contribution levels of the receivers Source name Traffic lane Level Lden dB(A) g V�.<.' Bryan Street E Main Street 1-5 Newport Ave San Juan Street EB San Juan Street WB - - 28.9 23.3 58.0 42.7 32.8 33.7 Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) APPENDIX C CITY OF TUSTIN HISTORIC RESOURCES SURVEY (1990 AND 2003) 65 Page City of Tustin ADDRESSt 1042 SAN JUAN ST DATE: 1907 S TYLE t COLONIAL RRVIYAL SOURCE, RATING: T B ALTERATIONS, Er HISTORICAL DISTRICT: N7 COMMENT: DESCRIPTION: Colonial Revival in style, the single•storled residonca at 1042 is crowned with a hippod roof featuring gabled wings to the front and out side. Crlssoroem lattioework Venting' ry caed triangular braces and a raw of decmdvc knobs accent the gable faces. A wrap-around porch rune across the front and down the west side, connecting the gabled wings. The main rozrf continues downward, without a break, to form the. porch roof, which is supported by pairs of narrow wood posts. horizontal braces accent the posts. A plain wood railing, with both vertical and horizontal balusters, borders the porch, A pair of double -hung windows, topped with molding•trimrned lintels, Is centered in the front wing. A large plate glass window rests beside the panclod front door (not original). Doubly -hung windows arc used throughout the rest ofthe house. SIGNIFICANCE-. Edward E. Srnith, a local walnut grower, built this house in €907, He sold it that same year to J. kI Shaffer, who irnmodiatcly sold it to Martha Rantz, By 1909 Matthew .and. Birdie Trovan had purchased the property, adding w several other lots that they had accumulated in that block. The area became known as "Truranville" by local rosidents, because the T'rurans owned several p€coos of property and built.sovoral homos here. In 1937 when .Birdie Truran's estate was settled, this house was deeded Io Hon. Tramn, one of her sons, Edward Hawkins and his wife, Ruth, purchased ,Etc house that sante year and continued to awn it until 1945. 13 S. Richardson and his wife, Vivian, owned the house during the war. He was a carpenter. A good example of a Colonial Revival house, with Craftsman Influence, the rmidancc is significant to the city because of its architectural style, 1042 SAN JUAN STREET See following pages for property information EXHIBIT B OF RESOLUTION 21-12 OUTSIDE AGENCY COMMENTS U tl)u 4 Irvine Ranch WATER DISTRICT January 12, 2021 Elaine Dove, Senior Planner Via email: edove@tustinca.org City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Notice of Intent -- Kiba Residential Project Mitigated Negative Declaration Dear Ms. Dove: Irvine Ranch Water District (IRWD) has reviewed the Notice of Intent (NOI)/Mitigated Negative Declaration (MND) for the Kiba Residential Project in Tustin. After reviewing the NOUMND, IRWD has confirmed that although IRWD serves a portion of the City of Tustin, this project is not within IRWD's service area. Therefore, it is IRWD's understanding that this project should have no impacts to IRWD. If this is not correct or if there are any future changes to the project which may impact IRWD, Tustin is required to notify IRWD so that IRWD can review and comment, if necessary, on all future environmental compliance for the proposed project. IRWD appreciates the opportunity to review the NOUMND for the Kiba Residential Project. If you have any questions, please contact the undersigned or JoAnn Corey, Environmental Compliance Analyst at (949) 453-5326. Sincerely, A&d64'r� Fiona M. Sanchez Director of Water Resources cc: Jo Ann Corey, IRWD Irvine Ranch Water District • 15600 Sand Canyon Ave., Irvine, CA 92618 • Mailing Address: P.O. Box 57000, Irvine, CA 92619-7000 • 949-453-5300 • www.irwd.com tust rl Unij:iea ScbooL Distrzict Maintenance, Operations and Facilities 1302 Service Road, Tustin, CA 92780 - (714) 730-7515 January 15, 2021 City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Attn: Elaine Dove, Senior Planner FAX (714) 731-5497 SUBJECT: Comments on Draft Mitigated Negative Declaration: Design Review 2019-00019 & General Plan Amendment 2019-00001 — 1042 and 1052 San Juan Street; Kiba Residential Project Dear Ms. Dove - On behalf of the Tustin Unified School District (District), thank you for the opportunity to provide comments on the Mitigated Negative Declaration for Design Review 2019-00019 & General Plan Amendment 2019- 00001 — 1042 and 1052 San Juan Street; Kiba Residential Project (Project). The District offers the following comment on the Project: Please note that residential School Fees, levied pursuant to Education Code Section 17620 and Government Code 65995, will be applicable for the new residential units to be constructed as part of the Project. The fee will be based on the residential fee per square foot that is in place at the time the building permit is obtained (currently $4.08 per square foot). Thank you again for the opportunity to provide comments on the Project. If you have any further questions, I can be reached at (714) 730-7515, Extension 50404. Sincerely, �11 Tom Rizzuti Director, Facilities & Planning Cc: Sal Sanchez, Senior Director, Maintenance Operations & Facilities Anthony Soria, Chief Financial Officer BOARD OF EDUCATION Jonathan Abelove - Allyson Damikolas • Lynn Davis - James H. Laird - Jonathan Stone ORANGE COUNTY FIRE AUTHORITY P. O. Box 57115, Irvine, CA 92619-7115 1 Fire Authority Way, Irvine, CA 92602 s Brian Fennessy, Fire Chief • www.ocfa.org • (714) 573-6000 /Fax (714) 368-8843 November 9, 2020 City of Tustin Community Development Department Attn: Elaine Dove, Senior Planner edove@tustinca.org 300 Centennial Way Tustin, CA 92780 Ref: General Plan Amendment (GPA) 2019-00001, Design Review (DR) 2019-00019 Zone 1042 and 1052 San Juan Street, Tustin, CA Dear Elaine: Thank you for the opportunity to review the subject document. The Orange County Fire Authority (OCFA) provides fire protection and emergency medical services response to the project area. Services include: structural fire protection, emergency medical and rescue services, education and hazardous material response. OCFA also participates in disaster planning as it relates to emergency operations, which includes high occupant areas and school sites and may participate in community disaster drills planned by others. Resources are deployed based upon a regional service delivery system, assigning personnel and equipment to emergency incidents without regard to jurisdictional boundaries. The equipment used by the department has the versatility to respond to both urban and wildland emergency conditions. The following are our comments: The project is subject to review by the City and OCFA for various construction document plan checks for the applicable fire life safety codes and regulations. The project will be subject to the current editions of the CBC, CFC and related codes. We would like to point out that all standard conditions with regard to development, including water supply, built in fire protection systems, road grades and width, access, building materials, and the like will be applied to this project at the time of plan submittal. Thank you for providing us with this information. If you need additional information regarding this letter, please contact me at (714) 573- 6199. Sincerly, Tamera Rivers Management Analyst 714-573-6199 Serving the Cities of: • Aliso Viejo • Buena Park • Cypress • Dana Point • Irvine • Laguna Hills • Laguna Niguel • Laguna Woods • Lake Forest • La Palma • Los Alamitos • Mission Viejo • Rancho Santa Margarita • San Clemente • San Juan Capistrano • Seal Beach • Santa Ana • Stanton • Tustin • Villa Park • Westminster • Yorba Linda • and Unincorporated Areas of Orange County RESIDENTIAL SPRINKLERS AND SMOKE DETECTORS SAVE LIVES EXHIBIT C OF RESOLUTION 21-12 MITIGATION MONITORING AND REPORTING PROGRAM TABLE MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monitoring Activity Implementation Responsibility for Timing Outside Agency Responsibility/ Oversight of Coordination Verification Compliance/ Verification AESTHETICS Project Design Features None. Policies, Plans, and Procedures PPP -1 Project construction hours will be limited to the Construction hours. Project City of Tustin Ongoing N/A hours of 7:00 a.m. and 6:00 p.m., Mondays Developer/Construction Community through Friday, and the hours of 9:00 a.m. and Contractor Development 6:00 p.m. on Saturday and never on Sundays or Dept. city -observed federal holidays. PPP -2 Prior to the issuance of building permits, the Lighting plan. Project City of Tustin Prior to Building N/A applicant shall submit a photometric lighting plan Developer/Construction Community Permits showing compliance with the TCC Section 8102, Contractor Development which requires a minimum one foot-candle of Dept. light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. The photometric plan must also show no light spillage pursuant to TCC Section 9271hh. Mitigation Measures None. AIR QUALITY Project Design Features Policies, Plans and Procedures PPP -3 Fugitive dust. Project City of Tustin During Possible The project will comply with South Coast Air Developer/Construction Community Construction coordination with Quality Management District (SCAQMD) Rule Contractor Development SCAQMD 402 (Nuisance) and Rule 403 (Fugitive Dust). Dept. The project developer will require construction contractors and subcontractors to employ the following enhanced dust control measures during construction to minimize particulate matter (PM - 10 and PM -2.5) emissions: 1. Suspend the use of all construction equipment durin first -stage smog alerts. TABLE MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monitoring Activity Implementation Responsibility for Timing Outside Agency Responsibility/ Oversight of Coordination Verification Compliance/ Verification 2. Apply soil stabilizers such as hay bales or aggregate cover to inactive areas. 3. Prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph. 4. Stabilize previously disturbed areas if subsequent construction is delayed. 5. Water exposed surfaces and haul roads 3 times/day. 6. Cover all stock piles with tarps. 7. Replace ground cover in disturbed areas quickly. 8. Reduce speeds on unpaved roads to less than 15 mph. 9. Trenches shall be left exposed for as short a time as possible. 10. Identify proper compaction for backfilled soils in construction specifications. 11. Cover all trucks hauling dirt, sand, or loose material or require all trucks to maintain at least two feet of freeboard. 12. Sweep streets daily if visible soil material is carried out from the construction site. 13. Provide water spray during loading and unloading of earthen materials. 14. Minimize in -out traffic from construction zone. CULTURAL RESOURCES Project Design Features Policies, Plans and Procedures PPP -4 Should human remains be discovered Discovery of human Project City of Tustin During Grading Coordination with during project construction, the project remains. Developer/Construction Community NAHC and would be required to comply with State Contractor Development County Coroner. Health and Safety Code Section 7050.5, Dept. which states that no further disturbance may occur in the vicinity of the human remains until the County Coroner has made a TABLE MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monitoring Activity Implementation Responsibility for Timing Outside Agency Responsibility/ Oversight of Coordination Verification Compliance/ Verification determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of notification by the Native American Heritage Commission (NAHC). Mitigation Measures CULTURAL RESOURCES CUL -1 Applicant/contractor shall take the following Protection of Historic Project City of Tustin During Grading measures to protect the existing historic Resource Developer/Construction Community and residential structure during all phases of Contractor Development Construction construction and include all of the following Dept. measures in the plans prepared for permit issuance: 3.1 During excavation for footings on new structures, the applicant/contractor shall provide shoring around the historic resource to prevent undermining of the foundation. 3.2 Applicant/contractor shall provide plywood protection at all windows in the historic residential structure and shall show plywood protection on the construction plans submitted to the City of Tustin for building permits. 3.3 Applicant/contractor shall secure the historic TABLE MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monitoring Activity Implementation Responsibility for Timing Outside Agency Responsibility/ Oversight of Coordination Verification Compliance/ Verification resource from physical access during the construction period. 3.4 Applicant/contractor shall install a direct dial fire and smoke intrusion security system in the historic residential structure. 3.5 Applicant/contractor shall protect the historic resource's walls with solid construction fencing to prevent damage to existing finishes. 3.6 During plastering of the exterior walls of the new buildings, applicant/contractor shall provide fabric barriers to prevent overspray from reaching the historic residential structure. 3.7 The applicant/ contractor shall maintain fire extinguishers at each level of each new building in case of fire during construction. 3.8 Subject to approval by the Director of Community Development, applicant/contractor shall engage the services of an licensed architect meeting the professional qualifications standards identified by the Secretary of Interiors Standards and Guidelines (https://vwvw.nps.gov/history/local- law/arch—stnds 9.htm) to monitor the historic residential structure during construction activities on a monthly basis and submit monthly status reports to the City of Tustin Community Development Department. 3.9 During construction, the Applicant/contractor shall stop work immediately in the event of damage to the historic resource and contact the Community Development Department and the architect identified in 3.8 of this mitigation. All TABLE MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monitoring Activity Implementation Responsibility for Timing Outside Agency Responsibility/ Oversight of Coordination Verification Compliance/ Verification work shall stop until such time as the damage is remedied to the satisfaction of the Director of Community Development. CUL -2 Prior to the issuance of the first grading permit, a Native American Project City of Tustin Prior to any N/A qualified Native American monitor shall be Monitoring Developer/Construction Community ground retained by the Applicant/Developer to provide Contractor Development disturbance. professional Native American monitoring Department services for any construction activities that may disturb native soils (i.e., previously undisturbed soil 18 -inches or more below the surface). The Native American monitor from the Gabrieleno Band of Mission Indians — Kizh Nation, shall be selected by the Applicant/Developer and verification of retention of the Native American monitor shall be provided to the City of Tustin Community Development Department on tribal letterhead, including the monitor's name and contact information. The Native American monitor and a City of Tustin Community Development Department designee shall be present at the pre -grading conference to establish procedures for Native American resource surveillance. The Native American monitor shall be present during all ground disturbing activities of native soil (i.e., previously undisturbed soil 18 -inches or more below the surface) including but not limited to post holing, auguring, boring, grading, excavation and trenching. (See also, TCR -1) GEOLOGY AND SOILS Project Design Features Policies Plans and Procedures PPP -5 Prior to issuance of a building permit, the WQMP Project City of Tustin Prior to grading N/A applicant shall submit a geotechnical Developer/Construction Community permit. investigation report of the subject property. Contractor Development TABLE MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monitoring Activity Implementation Responsibility for Timing Outside Agency Responsibility/ Oversight of Coordination Verification Compliance/ Verification Department PPP -6 PPP -6 In order to comply with the 2003 DAMP, the proposed project shall prepare an Erosion and Sediment Control Plan and Water Quality Management Plan (WQMP) conforming to the current National Pollutant Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, which shall be submitted to the Department of Public Works for review and approval. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. A WQMP shall be maintained and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall ensure that the existing water quality measures for all improved phases of the project are adhered to. Location of the BM Ps shall not be within the public right-of-way. PPP -7 The project shall comply with NPDES WQMP Property Owner City of Tustin During N/A requirements for control of discharges of Community Operation sediments and other pollutants during operations Development of the facility through preparation and Department implementation of a Final Priority Water Quality Management Plan (WQMP) in compliance with the Municipal Separate Storm Sewer System TABLE MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monitoring Activity Implementation Responsibility for Timing Outside Agency Responsibility/ Oversight of Coordination Verification Compliance/ Verification (MS4) Permit in effect forthe Santa Ana Regional Water Quality Control Board (RWQCB) at the time of grading permit application. NOISE Project Design Features None. Policies Plans and Procedures None. Mitigation Measures MM N-1 N-1: Prior to issuance of a building permit for Structural Noise Project City of Tustin Prior to building three-story residences, the Project Attenuation and Final Developer/Construction Community permits. Applicant/Developer shall submit a final Acoustical Report. Contractor Development acoustical report to the City of Tustin Director of Dept. Community Development, or designee, that demonstrates that the interior noise levels in all habitable rooms shall not exceed 45 A -weighted decibels (d BA) Community Noise Equivalent Level (CNEL), as defined by Title 24, Part 2 of the California Building Code. Project Applicant/Developer shall provide, at a minimum, mechanical ventilation for all new residential units per the applicable Building Code. PUBLIC SERVICES Project Design Features None. Policies, Plans, and Procedures PPP -8 Priorto issuance of a grading permit the applicant Fire Master Plan Project City of Tustin Prior to grading Orange County or responsible party shall submit a fire master Developer/Construction Community permit. Fire Authority plan (service code PR145) to the Orange County Contractor Development Fire Authority for review. Approval shall be Dept. obtained prior to the issuance of grading or building permits. Mitigation Measures TABLE MITIGATION MONITORING AND REPORTING PROGRAM Number Measure Monitoring Activity Implementation Responsibility for Timing Outside Agency Responsibility/ Oversight of Coordination Verification Compliance/ Verification None. TRIBAL CULTURAL RESOURCES Project Design Features None. Mitigation Measures MM TCR -1 Prior to the issuance of a grading permit and Native American Project City of Tustin Prior to building Gabrieleno Band of commencement of any ground disturbing activity Monitor Developer/Construction Community permits. Mission Indians-Kizh at the project site the project applicant shall retain Contractor Development Nation a Native American Monitor approved by the Dept. Gabrieleno Band of Mission Indians-Kizh Nation — the tribe that consulted on this project pursuant to Assembly Bill A52 - SB18 (the "Tribe" or the "Consulting Tribe') and A copy of the executed contract shall be submitted to the City of Tustin Community Development Department priorto the issuance of any permit necessary to commence a ground -disturbing activity. The Tribal monitor shall only be present on-site during the construction phases that involve ground - disturbing activities. Ground disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project site. The Tribal Monitor shall complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all ground -disturbing activities on the Project Site are completed, or when the Tribal Representatives and Tribal Monitor have indicated that all upcoming ground -disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources. Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 25 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by the Tribal monitor approved by the Consulting Tribe. If the resources are Native American in origin, the Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. If human remains and/or grave goods are discovered or recognized at the Project Site, all ground disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[fj). If a non -Native American resource is determined by the county certified archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established forthe resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated ata public, END OF MITIGATION MONITORING AND REPORTING PROGRAM non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. END OF MITIGATION MONITORING AND REPORTING PROGRAM ATTACHMENT F CORRESPONDENCE RECEIVED From: Dove, Elaine To: Hurtado, Vera Subject: FW: Proposed Variance and Planning Review 1042 San Juan Date: Tuesday, February 2, 20214:04:25 PM Attachments: imaoe001.pna Elaine Dove, AICP, RLA Senior Planner City of Tustin I Community Development Department 300 Centennial Way I Tustin, CA 92780 P.714 - 573 - 3136 1 F. 714-573-3113 edove(cr�.tustinca. org TU TI EUILD1wc OUR FUTURE HONORING OUR PAST Please note that all City public counter services will be performed by City Staff online, or by telephone until further notice. Reopening date subject to change. From: Scott Couchman > Sent: Tuesday, February 2, 20213:05 PM To: planningcommision@tustinca.org Cc: Dove, Elaine <EDove@tustinca.org> Subject: Proposed Variance and Planning Review 1042 San Juan Thank you for the opportunity to provide input to the proposed project at 1042 San Juan, part of the neighborhood surrounding Tustin High School. As a longtime property owner in this area, I've seen first hand how the antiquated parking policies of the Tustin Planning Commission has inundated our neighborhood with street parking from multi- family residential projects. The 1042 project is just the latest example of the kind of projects that have flooded our streets and lawns with parked cars. PROBLEM - The use of enclosed garages to satisfy the parking requirements of higher density residential units further overloads already overloaded street parking. 80 years ago, garages were used to park cars. Today, garages are used to store junk, operate home businesses, illegal bedrooms, game rooms, man caves, and exercise rooms. This is particularly true in the multi -residential area around Tustin High School. 1042 SAN JUAN PROJECT - I reviewed the proposed plans for this project with Elain Dove, Tustin City Planner. Building five new units at 1042 San Juan will add 15 to 20 new parked cars on our already overcrowded streets. Each proposed unit will likely become home to multiple families, each with multiple cars. The garages are 90 degrees to a common driveway without any dedicated driveway space for each unit. The garages are too difficult to access because of the narrow common driveway. As a result, the garages will be filled with anything but cars, and the cars from these units will fill the guest parking, and then compete with existing neighbors for street parking. RECENT EXPERIENCE - Look at the five new houses Tustin approved a few years ago at the comer of Utt and San Juan. Like the proposed 1042 San Juan project, the Utt project required a variance. Two and three story single family residences were crammed onto a small space. Unlike the 1042 proposal, two of the houses face San Juan with short driveways at 1381&1391. One of these houses has what looks like a home business in the garage, and two cars parked in the driveway. The other address has 2 cars in the garage and two in the driveway. They demonstrate both high occupancy and alternate uses of the garages, but the 20' driveways still provide both houses with off-street parking. The other three houses have a shared driveway (like the 1042 proposal) with difficult 90degrees turns (like the 1042 proposal) to get into their garages. The 13742 garage has a race car stored in the garage, so their daily driver parks on the street. The other two houses compete for the guest parking or park on the street. Difficult access and no dedicated driveway, results in on -street parking. I attended the Planning Commission meeting for this project and explained why this project would fail. That Planning Commission didn't listen. MASSIVE ON -STREET PARKING PROBLEM - Drive down San Juan and see the bumper to bumper cars already lining both sides of San Juan and Orange. We have a massive street parking problem all around Tustin High School. At lam on street sweeper day, drive down Utt between Lance and San Juan and look at the cars parked on lawns at 13616-18 and 13620-22 Utt. None of these units can use their garage for parking because they're always blocked. Drive down Green Valley and look at the new concrete pads that have RECENTLY replaced portions of front lawns at 13652, 13672, 13683, and 13702. If they can't park on the street, and can't park in their garages, they pave their lawns. Watch car owners standing near their cars in the street to move them long enough to avoid a ticket, just to return them to the street. Look at the cars parked on Lance near Red Hill. The majority of those cars are Green Valley overflow. More garages without dedicated driveways with easy direct access to the street means more cars parking on the streets surrounding Tustin High School. TUSTIN DOESN'T SEEM TO CARE - Several years ago, the residents of the Tustin Historic District asked for a parking permit program for street parking. The City approved a pilot program. When I asked to also consider the area around Tustin High School, I was told there would be a community working group to address other areas. That working group never happened. I call repeatedly asking to be apart of the program. I was told it wouldn't happen. You seem to take care of parking issues in other parts of the City, then consider adding to the already unmanageable parking problem in the Tustin High School area. SOLUTIONS - If the City wants a solution, just look next door at 1052 San Juan. They have carports as well as other easy access dedicated off-street parking for their residents. If the owner of 1042 wants garages, they must have direct easy access and dedicated driveways for each garage. Dedicated driveways, easy access, open carports, one on -street parking permit per residence, or similar programs are needed to eliminate the rampant abuse of street parking. Then also enforcement of building standards requiring minimum green space. These are just a few alternatives to the continued blight caused from overcrowded street parking. CONCLUSION - Multi -unit residences without dedicated driveways for parking leads to more cars on the streets, leads to more lawns used to park cars (with or without concrete pads), leads to blighted neighborhoods. Look at Charloma and Macaw Cove, combined almost 50 failed garages. The antiquated parking policies for the City of Tustin must change. Approving more zoning variances to allow more residential units with inadequate on -premises parking is further destroying our neighborhood. For once consider our neighborhood like you've considered the Tustin Historic District. You wouldn't allow this situation to occur in the District or Tustin Ranch. Why do you continue to abuse our neighborhood? It's time to stop. Stop this Project. No more Utt/San Juan projects. No more variances to fill our streets with more parked cars. None! Thank you for reading this far. Scott Couchman From: Dove, Elaine To: Hurtado, Vera Cc: Huitron, Irma; Reekstin, Scott Subject: Fwd: Proposed Variance and Planning Review 1042 San Juan Date: Saturday, February 6, 20219:54:05 AM Please see the most recent email from Mr. Couchman below. Please add this to the public comments for 1042 San Juan Street. Get Outlook for iOS From: Scott Couchman > Sent: Saturday, February 6, 20213:14:46 AM To: Planning Commission<PlanningCommission @tustinca.org> Cc: Dove, Elaine <EDove@tustinca.org> Subject: Proposed Variance and Planning Review 1042 San Juan Thank you for the opportunity to provide input to the proposed project at 1042 San Juan, part of the neighborhood surrounding Tustin High School. As a longtime property owner in this area, I've seen first hand how the antiquated parking policies of the Tustin Planning Commission has inundated our neighborhood with street parking from multi family residential projects. The 1042 project is just the latest example of the kind of projects that have flooded our streets and lawns with parked cars. PROBLEM - The use of enclosed garages to satisfy the parking requirements of higher density residential units further overloads already overloaded street parking. 80 years ago, garages were used to park cars. Today, garages are used to store junk, operate home businesses, illegal bedrooms, game rooms, man caves, and exercise rooms. This is particularly true in the multi -residential area around Tustin High School. 1042 SAN JUAN PROJECT - I reviewed the proposed plans for this project with Elain Dove, Tustin City Planner. Building five new units at 1042 San Juan will add 15 to 20 new parked cars on our already overcrowded streets. Each proposed unit will likely become home to multiple families, each with multiple cars. The garages are 90 degrees to a common driveway without any dedicated driveway space for each unit. The garages are too difficult to access because of the narrow common driveway. As a result, the garages will be filled with anything but cars, and the cars from these units will fill the guest parking, and then compete with existing neighbors for street parking. RECENT EXPERIENCE - Look at the five new houses Tustin approved a few years ago at the comer of Utt and San Juan. Like the proposed 1042 San Juan project, the Utt project required a variance. Two and three story single family residences were crammed onto a small space. Unlike the 1042 proposal, two of the houses face San Juan with short driveways at 1381&1391. One of these houses has what looks like a home business in the garage, and two cars parked in the driveway. The other address has 2 cars in the garage and two in the driveway. They demonstrate both high occupancy and alternate uses of the garages, but the 20' driveways still provide both houses with off-street parking. The other three houses have a shared driveway (like the 1042 proposal) with difficult 90degrees turns (like the 1042 proposal) to get into their garages. The 13742 garage has a race car stored in the garage, so their daily driver parks on the street. The other two houses compete for the guest parking or park on the street. Difficult access and no dedicated driveway, results in on -street parking. I attended the Planning Commission meeting for this project and explained why this project would fail. That Planning Commission didn't listen. MASSIVE ON -STREET PARKING PROBLEM - Drive down San Juan and see the bumper to bumper cars already lining both sides of San Juan and Orange. We have a massive street parking problem all around Tustin High School. At lam on street sweeper day, drive down Utt between Lance and San Juan and look at the cars parked on lawns at 13616-18 and 13620-22 Utt. None of these units can use their garage for parking because they're always blocked. Drive down Green Valley and look at the new concrete pads that have RECENTLY replaced portions of front lawns at 13652, 13672, 13683, and 13702. If they can't park on the street, and can't park in their garages, they pave their lawns. Watch car owners standing near their cars in the street to move them long enough to avoid a ticket, just to return them to the street. Look at the cars parked on Lance near Red Hill. The majority of those cars are Green Valley overflow. More garages without dedicated driveways with easy direct access to the street means more cars parking on the streets surrounding Tustin High School. TUSTIN DOESN'T SEEM TO CARE - Several years ago, the residents of the Tustin Historic District asked for a parking permit program for street parking. The City approved a pilot program. When I asked to also consider the area around Tustin High School, I was told there would be a community working group to address other areas. That working group never happened. I call repeatedly asking to be apart of the program. I was told it wouldn't happen. You seem to take care of parking issues in other parts of the City, then consider adding to the already unmanageable parking problem in the Tustin High School area. SOLUTIONS - If the City wants a solution, just look next door at 1052 San Juan. They have carports as well as other easy access dedicated off-street parking for their residents. If the owner of 1042 wants garages, they must have direct easy access and dedicated driveways for each garage. Dedicated driveways, easy access, open carports, one on -street parking permit per residence, or similar programs are needed to eliminate the rampant abuse of street parking. Then also enforcement of building standards requiring minimum green space. These are just a few alternatives to the continued blight caused from overcrowded street parking. CONCLUSION - Multi -unit residences without dedicated driveways for parking leads to more cars on the streets, leads to more lawns used to park cars (with or without concrete pads), leads to blighted neighborhoods. Look at Charloma and Macaw Cove, combined almost 50 failed garages. The antiquated parking policies for the City of Tustin must change. Approving more zoning variances to allow more residential units with inadequate on -premises parking is further destroying our neighborhood. For once consider our neighborhood like you've considered the Tustin Historic District. You wouldn't allow this situation to occur in the District or Tustin Ranch. Why do you continue to abuse our neighborhood? It's time to stop. Stop this Project. No more Utt/San Juan projects. No more variances to fill our streets with more parked cars. None! Thank you for reading this far. Scott Couchman Hurtado, Vera To: Hurtado, Vera Subject: RE: Staff Report and Design Review for 1042 San Juan From: Scott Couchman Sent: Monday, February 8, 20218:14 AM To: Planning Commission<PlanningCommission @tustinca.org> Cc: Dove, Elaine <EDove@tustinca.ore> Subject: Staff Report and Design Review for 1042 San Juan City of Tustin Planning Commission. Thank you for another opportunity to provide community input on the proposed General Plan revision and proposed construction at 1042 San Juan Street. I want to first thank the Tustin Senior Planner, Elaine Dove for her cooperation and help in reviewing these proposed changes. I also want to thank the City of Tustin for posting the notices at the location of these proposed changes. Without the sign postings, I would have never been aware of this project and would have been disappointed to miss this opportunity for input. I also commend the property owner for an aesthetically attractive project that coordinates well with the historical 1909 vintage house and its preservation. Five years ago when the five residence Utt/San Juan project was approved over the strong objections of the neighborhood, I felt the Planning Commission was arrogant and didn't listen to the community. The City Council listened, but now we still have an intrusive eyesore in our neighborhood. The neighborhood surrounding Tustin High School has been a forgotten, ignored and abused area. The General Plan text is specific to many areas of Tustin including the District, Tustin Ranch, the Historic District, even the R1 area of north Tustin. Our area isn't even mentioned as worth including in the General Plan. We have a distinct and historical style worth preserving and valued. This project seeks to change the General Plan that was established based on extensive City and community input. There needs to be strong justification to change it, and that's just not the case here. Our community deserved better consideration than we received five years ago. Proof of Publication - In light of the Proof of Publication notification, I will try to include everything objectionable in the proposed project and staff report. The list is long. First, I object to the entire process. While I appreciate the issues created by the pandemic, the stay at home order ended weeks ago. All the big box stores in Tustin are open, all the churches are open, schools are open, all the restaurants are open and some worked hard to make accommodations for the community. Only the City of Tustin locks their doors and excludes the community. There is great value in having the community present in the Council Chambers. I don't understand how Public Review ended January 27, 2021 when the report wasn't issued until three business days before the "Public Meeting". The staff report is over 400 pages long and we're only given a few days to review and comment. Five years ago, the Planning Commission acted like they didn't want our input, and now you're making it hard for the community to be involved. Conclusion - Proof of Publication. The Planning Commission didn't listen five years ago, and now you're making public comment harder than necessary. Prior Input - I provided a written response to this project in an email to the planningcommission aft stinca.org address last week and copied Elaine Dove, the Senior Planner. That input was based on the information I had available at that time. Please include it in the record. I will focus this input on the staff report item #4 received February 4, 2021. General Plan Revision - on page 166, the staff report says "These two (2) properties are the only two (2) residentially used properties on San Juan with a Community Commercial General Plan Land Use Designation". This is not accurate for the following reasons. 1. The City of Tustin General Plan published on tustinca.orq shows the three residential parcels closest to the DCCSP and directly across the street from this project on San Juan Street are also designated Community Commercial. 2. The two residential parcels closest to the DCCSP on the north side of Walnut St are also Community Commercial. 3. The one residential parcel closest to the DCCSP on the south side of Bonita St is also Community Commercial. 4. The three residential parcels closest to the DCCSP on the south side of Andrews St are also Community Commercial. 5. There is a consistent, deliberate, planned use of Community Commercial land use in this neighborhood in the "comprehensive General Plan Update". Conclusion - General Plan Revision - on page 166 - The proposed change to the City of Tustin General Plan is in no way supported by the staff report. The report seems to imply the General Plan is an exception as it relates to this property, when actually, it is just the opposite. A change would be an exception. The existing General Plan designation is specific, deliberate, consistent, and correct! It would be inappropriate to change the General Plan from Community Commercial. Element Goals and Policies - on page 167, there's a list of General Plan Policies this project is purported to support. Many of them fail. 1. Policy 1.1: fails to mention these would be the only 3 -story properties in the neighborhood around Tustin High School except for the Utt/San Juan project the community fought and lost. 2. Policy 4.6: fails to mention the impact of overflow parking onto San Juan St. 3. Policy 6.6: fails to mention the proposed General Plan change would remove the buffer to the DCCSP. 4. Policy 10.3: fails to mention that the amenities like the open space, child play areas, and picnic table are private and not open to the public. Conclusion - Element Goals and Policies - on page 167 - Many of the Policies listed as supporting the General Plan are incomplete and fail to mention the elements of this project that do not support the General Plan. This project fails to comply with many of the Policies listed, and does not support the General Plan. Discussion - on page 171, the proposed project is compared to the five single family residences built in 2015 at Utt and San Juan Streets. 1. Utt/San Juan Project - This project was fiercely fought by the community in the Planning and Council meetings. The residents in this area objected to the project, in particular the high density and three (3) story structures. I attended those meetings and spoke about the failures the proposed plan would create. The project was eventually approved, but two of the structures closest to the adjoining properties were changed to 2 story and the third floors were reduced in size. It's been more than 5 years, but that's my best recollections. The comparison in the staff report fails to reflect the fight over this project nor identifies the failures and the successes of this project as it relates to the use of garages in multi -family projects and the proposed project at 1042 San Juan. 2. Utt/San Juan Parking - The two houses facing San Juan Street have garages and dedicated driveways with easy access directly to the street. As a result, the residents cars can be easily parked in the garage, or can be parked in the driveway if the garage is used for alternate purposes. I proposed changing this project to rotate the two houses facing Utt Street to have the same garage/driveway/street configuration. That proposal was ignored. As a result, any cars that don't fit in those garages compete for the two guest parking places or are parked on the street. In my previous email, I identified the huge problems created by excess use of street parking. I cited numerous examples and the resulting blight. The proposed project at 1042 San Juan ignores the benefit of dedicated driveways paired with garages, and replicates the problem with garages 90 degrees to a narrow common driveway. Making the 90 degree turn into a garage is difficult and generally requires a three-point Y turn. Most people don't make the effort. The end result will be more cars parked on the street and increased blight in our neighborhood around Tustin High School. 3. Three Story Structures - The other primary issue is the pair of three story duplexes. The Utt/San Juan project that the neighbors fought and lost, is now mistakenly being used to justify a pair of new three story duplexes at 1042 San Juan. The neighborhood surrounding Tustin High School was originally developed with single story cottage style single family homes and single story duplexes. That's still the predominant style in the neighborhood. Two story structures are the exception. A. All the properties on Utt Street are single story except the Utt/San Juan property the community fought and lost! B. All the properties on the north side of San Juan Street from Red Hill Avenue to the DCCSP are single story (including the Learning Center) with only four exceptions; the three story residence at Utt the community fought and lost, one at 1111 San Juan Street and two smaller two story buildings; one behind 1071 San Juan Street, and another behind 1281 San Juan Street. C. All the properties on Green Valley are single story except one two story duplex, one single story house with a two story structure behind it, one triplex with the second story structures at the rear of the property behind the garages; and one fourplex with again the the two story structure at the rear of the property behind the garages. All four of these exceptions are grouped together at the north end of the street. D. Orange, Walnut and Bonita have more of a mix of single and two story residences. Still, original single story cottage style houses dominate this area. E. Tustin High School - The staff report suggests that Tustin High School somehow helps justify three story duplexes. All of the buildings at Tustin High School are one or two stories. The gymnasium has a high roof for obvious reasons. Nothing here compares or remotely justifies three story duplexes. 4. General Plan - The "General Plan Goal 4, Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods, and safeguard neighborhoods from intrusion of non -conforming and disruptive uses." Any attempt to characterize the neighborhood around Tustin High School as anything other than predominantly single story residences, with very few two story exceptions, except for the Utt/San Juan project the community fought and lost, is misleading. The three story Utt/San Juan residences are inconsistent with Goal 4, Policy 4.6. Likewise, a pair of proposed three story duplexes also represent an intrusion. This must stop before this cancer is allowed to spread beyond the unfortunate Utt/San Juan project. Conclusion - Discussion - on page 171 - There is no justification at all in the staff report to support three (3) story duplexes, except for the intrusion of the three (3) story units at Utt and San Juan Streets the community fought hard to eliminate. Both projects fail to comply with the General Plan! Conclusion: - on page 172, The staff report concludes "the proposal will not impair the orderly and harmonious development of the area." This is incorrect for the four reasons previous detailed as well as the additional comments that follow. Land Use Application Fact Sheet - on page 177, item 6, Previous or Concurrent Construction Related to this Property, sub item a. references unpermitted construction, and sub item b. references demolition of a "hobby room". I believe these are both shown on page 185 in the plan view. Just to be clear, this demolition wasn't a "hobby room", but involved an unpermitted duplex with two kitchens, three bathrooms, 3 tool sheds, a two car garage and more! This property has been a blight in our neighborhood for decades. This structure should have never existed. We've lived with this blight too long. While this mess is finally gone, the property owner should not be rewarded by approving a General Plan revision so they can build more duplexes that further intrude on the surrounding neighborhood! This property was correctly identified for Community Commercial following extensive review by both the community and the City. Obvious errors should be corrected, but not just because the owner of an abusive property decides they think 3 story duplexes sounds better to them. Conclusion - Land Use Application Fact Sheet - on page 177 - "Hobby Room" reference is misleading and there is no justification for a General Plan revision, particularly for property with an abusive blighted history. Mitigation Negative Declaration - on page 201, The Orange County Fire Authority was identified as required approval. Attachment Figure 4: Proposed Site Plan and Surrounding Uses. Actually, the Proposed Site Plan and Surrounding Uses is Figure 5 on page 207. The surrounding area portion of the figure shows the garages at the Macaw Cove property as carports. This is a critical error as they relate to the Fire Authority review process. Carports are typically used to store motor vehicles, usually cars and motorcycles, which could represent a minimal fire hazard. Since these are actually enclosed garages with garage doors, they are currently being used to story everything except cars. Some are packed tight with flammable material, others are used as family rooms, home based businesses storing chemicals, and other potentially highly flammable material. I rented a garage to a tenant that used it to store household items and a motorcycle. Unfortunately, he also stored large quantities of gasoline for his motorcycle. Enclosed garages represent a much higher fire exposure than carports. Conclusion - Mitigation Negative Declaration - on page 201 - Any Fire Authority review based on this report is inadequate. If the Macaw garages were unapproved changes to what was original approved as carports, the City of Tustin Code Enforcement should investigate. Likewise, if the garages on Charloma Street were also originally approved as carports, Code Enforcement should investigate these also for the same reasons. Environmental Factors Potentially Affected: - on page 209 - 1 . Land Use/Planning is not indicated on the checklist. This is a significant omission because the arguments for changing the General Plan fails for a number of reasons previously detailed. 2. Trans portation/Traffic is not indicated on the checklist. This is significant because of the impact of additional cars parked on already over crowded neighborhood streets. On page 211, C. Evaluation of Environmental Impacts of Infill Projects: 2) "All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts." The staff report says the 6 proposed residential units will be rented. Fair House Authority considers full occupancy to be 2 per bedroom plus one. A 3 bedroom unit therefore could house 7 residents. If they each have a car, 6 residences would mean 42 cars. If they use garages for alternate uses as has been identified as probable, 42 additional cars would be parked on the streets surrounding Tustin High School. Even considering a portion of this quantity, the already overloaded parking detailed in my previous email, makes the cumulative effect significant. Conclusion - Environmental Factors Potentially Affected: - on page 209. Several additional items on the checklist have been demonstrated to require Mitigation. This portion is incomplete and can't be eliminated without substantial revisions to this project. Summary - I've worked hard to understand the complexities of a 400+ page document in a very compressed timeframe. I'm excluded from personally participating in the process by the City's reluctance to allow reasonable community input. I've identified numerous discrepancies and cited various reasons why this project would fail the residents living around Tustin High School. There is no reasonable justification for changing the Community Commercial designation for this property. The General Plan is consistent, specific, and the result of extensive community and City input. The residential plan proposed by the property owner fails to address the cumulative effect of the additional cars that would be parked on the already overcrowded streets in this neighborhood. The arguments for three (3) story duplexes are built on false and misleading information. The only reasonable conclusion is for the Planning Commission to deny both the requested General Plan change and the Design Review. I've personally experienced the benefits of carports in rental environments. Almost 50 years ago I lived in an apartment at 12842 Newport Avenue, Tustin. There were dedicated carports for each unit and additional parking for residents and guests. The same carports are still in use today. No stored junk, no alternate uses, just cars parked on the premises. Carports don't result in alternate uses. 45 years ago, I personally experienced alternate uses of a garage when we purchased our first house on Cloverbrook in Tustin. The previous owner had constructed an illegal room in half the garage. The first change I made when we moved in was to remove the room. 20 years ago I personally experienced unpermitted second units when I bought property in the Tustin High School neighborhood with a substandard rear unit. It took over a year to obtain a permit from the City to remove the offending structure. I enjoy the neighborhood around Tustin High School and I'm interested in seeing it prosper. Take some time. Walk around our neighborhood surrounding Tustin High School. Recognize the history and value of our neighborhood. Recognize the abuse our neighborhood has endured from Planning Commissions and absentee property owners that only saw us as a place to make money, and not a place where homeowners and responsible renters live. Too many property owners have decided to tear down what's here and replace it with intrusive, inconsistent, structures that don't blend with the existing neighborhood. It's time for the abuse to end. We have a style worth encouraging and preserving. We are more than a shortcut between Redhill and Newport. This is not the last infill project for our neighborhood. We have value as part of Tustin. Please try to see us and hear us this time. Thanks for reading this far. ATTACHMENT G PLANNING COMMISSION DRAFT MINUTES MINUTES VIDEO CONFERENCING TUSTIN PLANNING COMMISSION MEETING FEBRUARY 9, 2021 Mason "During the Statewide COVID-19 Emergency, the public is not permitted to convene in person for this public meeting. However, the public may still view and comment on the meeting as follows.": Mason To watch the meeting, the public may observe the meeting via the City's Granicus service at httl)s://www.tustinca.org/282/Meetings-Agendas or on local Cox Channel 851. Mason To comment on one or more items, you may send your comments to Plan ningCommission(o)_tustinca.org or by accessing the City's "SpeakUp" comment system as follows: 6:09 p.m Given by Mason. CALL TO ORDER: INVOCATION: All present. ROLL CALL: Commissioners Chu, Jha Chair Pro Tem Kozak— late due to technical difficulties. Chair Mason Distributed emails/ eComments to staff and Commission. PUBLIC CONCERNS: CONSENT CALENDAR: Approved the 1. APPROVAL OF MINUTES —DECEMBER 22, 2020 December 22, 2020 Minutes, as amended. RECOMMENDATION: That the Planning Commission approve the Minutes of the December 22, 2020 Planning Commission meeting, as amended. Motion: It was moved by Chu, seconded by Jha, to approve the Minutes of the December 22, 2020 Planning Commission meeting, as amended. Motion carried 3-0. Kozak was not present for this portion of the meeting, as he entered the virtual meeting late due to technical difficulties. Minutes — Planning Commission February 9, 2021 — Page 1 of 13 PUBLIC HEARINGS: Adopted Reso. 2. GENERAL PLAN CONFORMITY (GPC) 2021-0001; DEVELOPMENT Nos. 4417 & AGREEMENT (DA) 2020-0002; AND DESIGN REVIEW (DR) 2020-0011 4418. APPLICANT: FAMILY PROMISE OF ORANGE COUNTY (FPOC) ATTN: CYNDEE ALBERTSON 310 WEST BROADWAY AVENUE ANAHEIM, CA 92805 PROPERTY OWNER: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92780 LOCATION: 1941 EL CAMINO REAL ENVIRONMENTAL: This project is Categorically Exempt pursuant to Section 15332 (Class 32) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) pertaining to in -fill development. REQUESTS: 1. GPC 2021-0001 to determine that the location, purpose, and extent of the proposed disposition of an approximate 16,790 square -foot (0.385 acre) lot for the development of a seven (7) unit multi -family apartment - style building for short term transitional housing and services for qualified families with children experiencing homelessness or at risk of homelessness. 2. DA 2020-0002 to facilitate the development and conveyance of an approximate 16,790 square foot (0.385 acre) site. 3. DR 2020-0011 for the building design and site layout for a seven (7) unit multi -family apartment -style building for short-term transitional housing and services for qualified families with children experiencing homelessness or at risk of homelessness, including a resource room, office, common areas and amenities. 4. Density Bonus to authorize two (2) additional units for a total of seven (7) units in the R4 Zoning District. 5. Two (2) development concessions for a reduced front yard setback and waiver of covered parking. Minutes — Planning Commission February 9, 2021 — Page 2 of 13 RECOMMENDATION: That the Planning Commission adopt Resolution 4417, for GPC 2021- 0001, determining that the location, purpose, and extent of the proposed disposition of an approximately 0.385 -acre site for the development of a seven (7) unit multi -family apartment -style building for short term transitional housing for qualified families with children experiencing homelessness or at risk of homelessness is in conformance with the approved General Plan. 2. That the Planning Commission adopt Resolution 4418 recommending that the City Council approve: a. DA 2020-0002 to facilitate the development and conveyance of an approximate 0.385 -acre site located at 1941 EI Camino Real for the development of a seven (7) unit multi -family apartment - style building for short-term transitional housing for qualified families with children experiencing homelessness or at risk of homelessness. b. DR 2020-0011 for the building design and site layout of a seven (7) unit multi -family apartment -style building for short-term transitional housing for qualified families with children experiencing homelessness or at risk of homelessness, a density bonus to authorize two (2) additional units for a total of seven (7) units in the R4 zoning district and development concessions for a reduced front yard setback and waiver of covered parking. Reekstin Presentation given. Jha Jha expressed concern with the area being poorly lit at night and asked staff if there would be lighting and security (i.e. cameras, fencing) added to the project site. He commented that he thought that this would also enhance the new building and overall look of Browning and Red Hill Avenues. Reekstin In response to Jha's concerns, Reekstin stated that lighting would be provided to ensure the site is safe and secure for both the residents and the employees at the project site. He added that there will be a wall on three (3) sides of the property and a point of contact to be provided in the event of an emergency (after hours). Reekstin was unsure if the applicant would be providing a security camera. Willkom Willkom addressed the comment on security. She commented that the facility is not an emergency homeless shelter, but more of an apartment complex. The on-site residents would be families with children who have been screened by Minutes — Planning Commission February 9, 2021 — Page 3 of 13 Family Promise. She did not anticipate security issues being a major concern knowing that staff members will be on-site for eight (8) to ten (10) hours per day and that the applicant would provide a point of contact that would be shared with the Tustin Police Department (TPD) should the need arise. Willkom also stated City staff will be working with the applicant to ensure the project site is always secure and safe. This project is a partnership with Family Promise, Home Aid, Brookfield Homes and the City, and many hours have been invested in bringing this project forward. Chu Chu expressed her concern with visitors, other than residents living on-site. She asked if the proposed project was consistent with zoning since the project is near a residential site and questioned if the facility is considered a non-profit business. Chu asked City staff if they could ensure a security camera be installed somewhere on the site because she felt it was a mixed-use project. Willkom In response to Chu's comments, Willkom stated there will be a resource center on the project site. City staff asked Family Promise to include a resource center. The idea was to connect the families with resources. Not only will the residents be utilizing the resource center but also the Tustin community (i.e. veterans, low-income families, elderly). Willkom added that it is more of a resource center versus a business, like Chu mentioned previously. The resource center will be staffed by a Family Promise Housing Navigator and other staff who will assist those who are in need. As for the security, City staff can discuss further with the applicant. Kozak Kozak added that the proposed project will be a great resource for the community and commented that the project is a compatible land use for the site and will provide much needed housing and services to families with children who are in need. He was in support of the recommended action. Mason Mason had various comments which, in general, included the following: she asked if the action tonight would be a recommendation to the City Council, if this is a resource center where people will be working; that the proposed project will not necessarily be a revolving door of folks in the community; and if the Commission agreed, and finally, could the Commission make a recommendation to the City Council as they consider the project, considering the additional information and conversation, along with the consideration that the proposal is a partnership between the City and Family Promise, in order to move the project forward. Willkom Willkom confirmed Mason's previous comments. She informed the Commission that the proposal includes a Development Agreement, which has to be approved by the City Council via Ordinance. The remaining entitlement applications would be reviewed concurrently by the City Council. Willkom reiterated that the item presented to the Commission would be a recommendation to the City Council, if the Commission approves the item. Minutes — Planning Commission February 9, 2021 — Page 4 of 13 6:51 p.m. Hurtado confirmed there were no additional comments received by the public. Motion: It was moved by Kozak, seconded by Chu, to adopt Resolution Nos. 4417 and 4418. Motion carried 4-0. Adopted Reso. 3. CONDITIONAL USE PERMIT 2020-0009 & DESIGN REVIEW 2020 - No. 4419, as 0008 amended. APPLICANT: CHRISTIAN DE ANDA 1029 E. 4TH STREET SANTA ANA, CA 92701 PROPERTY OWNER: CHRISTIAN DE ANDA 1029 E. 4TH STREET SANTA ANA, CA 92701 LOCATION: 14232 NEWPORT AVENUE ENVIRONMENTAL: This project is Categorically Exempt pursuant to section 15303 (Class 3) of the California Environmental Quality Act (CEQA). REQUEST: A request to construct and operate a 1,390 square foot restaurant (Taqueria Hoy) with a drive-thru facility and outdoor seating. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4419 approving Conditional Use Permit (CUP) 2020-0009, authorizing the establishment of a drive-thru facility and associated drive-thru signage, and Design Review (DR) 2020-0008, approving the site planning and design proposed for a new 1,390 square foot restaurant (Taqueria Hoy) and associated outdoor seating located at 14232 Newport Avenue. Daudt Daudt informed the Commission that Jha recused himself from the item due to the proximity of his business and the project site. Salman Presentation given. Mason Mason referred to the drive-thru depiction in the site plan, specifically, the menu board location. She also referred to the wall height being fairly low and wanted confirmation that the height would be elevated, which Salman stated it would Minutes — Planning Commission February 9, 2021 — Page 5 of 13 be elevated to six (6) feet eight (8) inches and will be a benefit to the nearby residents. Mason also asked her fellow Commissioners to consider keeping the drive-thru hours to 24 (on a trial basis) in order to ensure the applicant's business succeeds. Willkom Per Willkom, the Tustin City Code (TCC) limits the outdoor seating hours to 11:00 p.m., however, the drive-thru hours can be amended, if it is the desire of the Commission to allow the 24-hour operation. Willkom advised the Chair to receive input from the other Commissioners; then if they agree, amend the Conditions of Approval within Resolution No. 4419. Chu Chu echoed Mason's suggestion on the 24-hour drive-thru operation due to this being the applicant's main source of income. She suggested limiting the indoor/outdoor dining to 11:00 p.m. in order to avoid any possible noise -level issues with the nearby residents. Chu was also concerned with cars blocking the parking spaces along Newport Avenue during busy hours. She asked staff if four (4) of the parking spaces could be relocated in order to avoid them from being blocked. Willkom In response to Chu's concerns, Willkom stated City staff has worked with the applicant with several versions of the layout. There are many requirements the City imposed, including the number of cars that need to be able to be stacked, which is seven (7) cars. In addition, there is a ten (10) foot dedication that eventually, when the City is ready, the applicant will need to provide. With the ten (10) foot dedication and parking requirement, it is difficult to relocate the parking spaces to the opposite side of the site. Willkom also mentioned that City staff had worked with the Public Works Traffic Engineer and the TPD to review the internal circulation. One of the project conditions is to have an employee working the drive-thru area, during high peak hours, in orderto speed up drive-thru process and keep the vehicles circulating within the site. With the Conditions of Approval, the TPD's Traffic Division and the Public Works Department are comfortable with the layout (i.e. parking and circulation) that the applicant has proposed. Mason Mason asked for further clarification with regards to the outdoor dining hours being limited to 11:00 p.m. and staff's recommendation to extend the indoor dining to 24 hours, and the indoor capacity. Willkom Willkom mentioned the three (3) requests made by the applicant: 1) Indoor dining hours to be open until 3:00 a.m.; 2) Outdoor dining hours, to be open until 11:00 p.m. - the TCC limits the outdoor dining when the business is adjacent to residential properties; and 3) Drive-thru hours - the TCC does not limit the hours of operation, however, due to the close proximity to the residential properties, staff is Minutes — Planning Commission February 9, 2021 — Page 6 of 13 recommending hours be limited to 11:00 p.m. to be consistent with the outdoor seating hours. She added that the applicant has indicated that their other restaurants are well known for their 24-hour drive-thru operation. During Covid-19, drive-thrus have become an asset to the City since people may not dine -in. She mentioned that after Covid-19, restaurants may change the way they operate their business. Willkom concluded, that if it is the desire of the Commission, the Commission can decide whether or not they want to allow extended hours for the indoor dining and drive-thru but the hours of outdoor seating must be 11:00 p.m., per the TCC. Kozak Kozak thanked the applicant for the proposed project in order to better the community. He supported staff's recommendations. The outdoor dining hours and indoor hours made sense. Kozak suggested a six (6) month monitoring period, if the Commission agreed on allowing the drive-thru hours to operate 24 hours, then to report back to City staff. Chu Chu thanked the applicant for returning to the City of Tustin for their project. She was also in support of the project. Mason Mason asked Willkom for direction on how to allow the applicant to operate their business, while allowing amended drive-thru hours, for a period of time. Willkom Willkom stated that if it is the desire of the Commission to allow the 24-hour drive-thru operation, they could do so on a trial basis for a period of six (6) months, as long as the City does not receive many complaints. She asked the Commission to clarify the hours of operation for the indoor dining since the applicant is requesting hours be extended to 3:00 a.m. Again, she reiterated the hours of operation for the outdoor seating would have to be 11:00 p.m., at the latest. Chu Chu requested the hours of operation for the indoor/outdoor dining be 11:00 p.m. in order to avoid any noise issues (i.e. cars, voice levels), but she was in support of the drive-thru hours being 24 hours. Kozak Kozak echoed comments from Chu with respect to the 11:00 p.m. indoor/outdoor dining and 24-hour drive-thru, but would be willing to do a "test period" during the summer months and monitor the project site with the applicant. He was in support of the project with the added conditions. Mason Mason thanked Chu for her comments on the 11:00 p.m. indoor/outdoor dining hours of operation; however, staff's recommendation for the indoor dining hours would be 3:00 a.m. She recommended allowing the 3:00 a.m. indoor dining and the 24-hour drive-thru operation and if there are complaints, City staff can address at that time. Or if the Commission would be in favor of allowing staff's Minutes — Planning Commission February 9, 2021 — Page 7 of 13 recommendation but allowing a contingency that after the project has been open for six (6) months, City staff review for complaints or issues. She also asked when the project would be complete. Salman Salman did not have a project completion date. The Commission collectively agreed to the Chair's final recommendation. 7:26 p.m. Hurtado stated she had received an email from Mr. Bryan Elenes at 7:26 p.m which she immediately emailed to City staff and the Commission. Willkom Willkom shared the email from Mr. Elenes. His concerns were as follows: what type of mitigation would be in place for spillover onto Newport Avenue when the drive-thru is full — City staff is proposing a condition which would require that an employee be at the drive-thru lane during peak hours; could the homeowners be part of the planning and design process of the project — following the Commission's consideration/approval of this project, there will be a plan check process and at that time there may be minor modifications City staff can provide or look into, and if the homeowners have any concerns, they can contact Mary Salman and if City staff can accommodate, they will try to facilitate in order to resolve the issue; his concern with the large trash trucks arriving early in the morning (i.e. noise) and if the trash pick-up could be arranged for later in the day — Willkom stated that Salman can discuss with the business owner to make arrangements and if it is the Commission's desire, another condition can be added to Resolution No. 4419 as well; lastly, he asked if the residents could be provided with the six (6) month monitoring period for public comments/input — Willkom mentioned that the Commission previously mentioned the trial period of six (6) months to see how the business is operating and if there are any problems, City staff can bring them back to the Commission. Mason Mason stated she assumed the applicant would be conducting community outreach, with regards to Mr. Elenes' email comments. She was also in favor of adding the trash pick-up time to the Conditions of Approval within Resolution No. 4419. Kozak Kozak was in support of Mason's added condition previously mentioned. Daudt Daudt did ask for one (1) clarification to Mason's suggested amendments. During the monitoring period, he suggested the Commission delegate the responsibility to the Community Development Director to determine within that time frame whether or not there have been issues with noise or nuisance conditions which would mean that the item would not be returned to the Commission for reconsideration. Or, the Commission could state, as an absolute requirement, that this matter will come back to the Commission six (6) months after commencement of business operation for a report from the Minutes — Planning Commission February 9, 2021 — Page 8 of 13 Director to allow the Commission to decide whether or not they want to modify that condition. Motion: It was moved by the Chair, to approve staff's recommendation with the following amendments: 1) allowing the operator a six (6) month trial period for the 24- hour drive-thru operation to be delegated to the Director; 2) indoor dining hours to remain 24 hours; and for the business owner to arrange a later trash pick-up time. Seconded by Kozak, to adopt Resolution No. 4419, as amended. Motion carried 3-0-1 with Jha recusing himself from the item. Adopted Reso. 4. GENERAL PLAN AMENDMENT (GPA) 2019-00001 AND DESIGN No. 4420, 4421, REVIEW (DR) 2019-00019 & 4422, as amended. APPLICANT: BARAY KARIM 7 DESIGN AND DEVELOPMENT 188 TECHNOLOGY DRIVE, SUITE N IRVINE, CA 92681 PROPERTY OWNERS: CHRISTOPHER KELLSTROM 1042 SAN JUAN STREET TUSTIN, CA 92780 RONALD C. WEBBER 17092 OLIVE GROVE LANE SILVERADO, CA 92676-92719 R0001 LOCATION: 1042 SAN JUAN STREET 1052 SAN JUAN STREET (GENERAL PLAN AMENDMENT ONLY) ENVIRONMENTAL: A Mitigated Negative Declaration has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) Article 6 of California Code of Regulations, Title 14, Chapter 3. REQUESTS: 1. GPA 2019-00001 to amend the General Plan land use designation from Community Commercial (CC) to High Density Residential (HDR) at 1042 and 1052 San Juan Street. 1052 San Juan Street is included in this application for general plan consistency only. Minutes — Planning Commission February 9, 2021 — Page 9 of 13 2. DR 2019-00019 for the building design and layout for construction of two (2) duplexes and one (1) detached single-family structure and the preservation of an existing single-family residential historic resource at 1042 San Juan Street. RECOMMENDATION: 1. That the Planning Commission adopt Resolution No. 4420 recommending that the City Council find that the Mitigated Negative Declaration is adequate for GPA 2019-00001 for 1042 and 1052 San Juan Street and DR 2019-00019 for the proposed project at 1042 San Juan Street. 2. That the Planning Commission adopt Resolution No. 4421 recommending that the City Council approve GPA 2019-00001 to change the properties' General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) at 1042 San Juan Street and 1052 San Juan Street. 3. That the Planning Commission adopt Resolution No. 4422 recommending that the City Council approve DR 2019-00019 for building design and site layout for two (2) duplexes and one (1) single family residence and the preservation of an existing single-family historic resource at 1042 San Juan Street. Reekstin Presentation given. Jha Jha suggested adding a condition requiring that residents renting or purchasing the units must use their carport/garage for parking and not storage being that there is already an issue with street parking. Chu Chu asked if City staff knew if the applicant was intending to sell or lease the units. Reekstin Per Reekstin, the proposed units would all be rental units. There is no subdivision being proposed. He was unsure if any units would be owner occupied. Mason Mason agreed with Jha's concerns previously mentioned and she asked if a condition could be added to Resolution No. 4422. Willkom Per Willkom, the TCC does require garages to be used for parking of vehicles; however, if it is the Commission's desire to add a condition it can be specified within the Conditions of Approval that the garage is to be used for parking of vehicles and limited storage, provided that cars can still be parked in the garage. Minutes — Planning Commission February 9, 2021 — Page 10 of 13 8:04 p.m. Hurtado confirmed there were no additional public comments. Chu Chu suggested parking permits be required in order to assist with the already current parking issue. Mason In response to Chu's previous comment, Mason stated that parking permits could be a requirement in the future, but that it is not a requirement now. Willkom Willkom provided further clarifications regarding carports and garages. The TCC requires covered spaces and in the case of this project, the nature of the proposal is a duplex. City staff encouraged the applicant to design the project with garages as staff felt that garages would be more appropriate than a carport. As far as parking and storage of materials inside a garage, the TCC states garages must be used for parking of vehicles and limited storage is acceptable provided vehicles can still be parked within the garage. If it is the desire of the Commission, City staff can add a condition that clearly identifies garages must be used for parking of vehicles. Motion: It was moved by Jha, with the suggested added condition requiring vehicle parking in the garage, seconded by Chu, to adopt Resolution Nos. 4420, 4421 and 4422, as amended. Motion carried 4-0. REGULAR BUSINESS: Adopted Reso. 5. 2021 HISTORIC AND CULTURAL RESOURCES ADVISOR WORK No. 4416. PROGRAM RECOMMENDATION: That the Planning Commission, acting as the Historic and Cultural Resources Advisor (HCRA) to the City Council, adopt a 2021 Work Program per Resolution No. 4416. Reekstin Presentation given. Chu Chu commended Reekstin for the presentation. She had no further comments. Jha Jha asked Mason why the Commission was appointed this role and inquired as to why there was a need for six (6) hours of training. He voiced his opinion regarding the webinars currently being offered not being related to Tustin. Jha would prefer having the training on Tustin's history. Reekstin In response to Jha's previous comments, Reekstin stated that the City Council appointed this role to the Commission because they felt the Commission was well versed in historic preservation issues and what happens in our city. The City Council wanted to consolidate some city functions and at one time there Minutes — Planning Commission February 9, 2021 — Page 11 of 13 was a separate committee that worked on historic preservation issues and the City Council made the decision to give the Planning Commission the opportunity to carry out these duties. As part of that, the City Council wanted the Commission to feel comfortable with historic preservation as a topic so they instituted the requirement of training. The City is also required to have the Commission trained pursuant to the requirements of the Certified Local Government (CLG) program, which is run by the State of California and City staff is required to encourage the Commission to provide training opportunities related to historic preservation if the City wants to remain in the CLG program. Reekstin further explained that the CLG program recognizes the cities throughout the State that value historic preservation. Tustin was the first city in Orange County to become certified, and City staff takes pride in knowing what the City has done with historic preservation in valuing the Old Town area. He added that there are some grants available to CLG members each year and the City has taken advantage of those types of grants in the past (i.e. surveys, access to expertise from the State Office of Historic Preservation). Reekstin concluded that the CLG program is more of a recognition program that recognizes cities that have adopted an ordinance for historic preservation and those that have completed a survey of a property, etc. Willkom Willkom added that with this new role, City staff plans on bringing the Commission to the Historic District to educate the Commission directly about the City's resources. Due to Covid-19, a lot of the programs are not taking place. City staff is hoping, in the near future, they can provide some training and workshops that relates more to the Tustin community. Kozak Kozak thanked Reekstin for the presentation and for his knowledge and passion for historic preservation. Mason Mason asked for the total cost of a bust and also about the status of the survey and the firm the City is working with. She also mentioned the great opportunity to be a part of the HRC and she commended Reekstin and Dove for their part with the entire historic preservation process. Willkom Per Willkom, the total cost for the bust is $10,000 with donations from individuals for the base of the bust, which is somewhat costly. Last year, the bust program did not carry out due to lack of donations. In addition, she stated that due to Covid-19, the survey was delayed, but the firm (ARG) is completing all of the necessary work — ARG has visited all of the resources that may or may not be eligible in the inclusion of the survey. Right now, ARG is writing the narrative and context statement and they should be complete in the near future which will be shared with the Commission. 8:28 p.m. Hurtado confirmed that there was no public input received. Minutes — Planning Commission February 9, 2021 — Page 12 of 13 Motion: It was moved by Chu seconded by Kozak, to adopt Resolution No. 4416. Motion carried 4-0. Received & filed. 6. CITY OF TUSTIN COMMUNITY DEVELOPMENT 2020 YEAR IN REVIEW RECOMMENDATION: That the Planning Commission receive and file the report. DiLeva Presentation given. STAFF CONCERNS: Willkom City staff is continuing to work on the Housing Element (HE) Update as well as in the process of working on community outreach (i.e. email, dedicated HE web page) and currently, there is an on-line survey for residents to complete. This will assist City staff in obtaining input on what is important to the community (i.e. vision, goals to be included in the HE). Willkom encouraged the viewers and audience members to visit the City's website and complete the survey. COMMISSION CONCERNS: Chu Chu commended DiLeva for the Year in Review presentation and to staff for all of their hard work. Jha Jha had no concerns. Kozak Kozak thanked staff for the meeting presentations and reports. On January 19, 2021, he participated in the OCTA Citizens Advisory Committee meeting and Supervisor Wagner's Third District meeting. Mason Welcome Irma Huitron! 8.48 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, February 23, 2021. Minutes — Planning Commission February 9, 2021 — Page 13 of 13 ATTACHMENT H PLANNING COMMISSION RESOLUTIONS 4420, 4421 AND 4422 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF RESOLUTION NO. 4420 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM PREPARED FOR GENERAL PLAN AMENDMENT 2019-00001 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR PROPERTIES LOCATED AT 1042 SAN JUAN STREET AND 1052 SAN JUAN STREET AND DESIGN REVIEW 2019-00019 FOR CONSTRUCTION OF FOUR (4) DWELLING UNITS WITHIN TWO (2) DUPLEX BUILDINGS, ONE (1) DETACHED SINGLE FAMILY RESIDENCE AND PRESERVATION OF ONE (1) EXISTING RESIDENTIAL HISTORIC RESOURCE FOR A TOTAL OF SIX (6) RESIDENTIAL UNITS ON AN APPROXIMATELY 18,857 SQUARE - FOOT SITE LOCATED AT 1042 SAN JUAN STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for General Plan Amendment (GPA) 2019-00001 and Design Review (DR) 2019-00019 was filed by Baray Karim of 7 Design+Development on behalf of Christopher Kellstrom requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and to allow the construction of two (2) duplex buildings, one (1) detached single family residence and preserve an existing single-family residential historic resource on a 18,857 square foot site located at 1042 San Juan Street. 1052 San Juan Street is included in this application by the City of Tustin for General Plan consistency and amendment only; no construction is proposed at 1052 San Juan Street; B. That the Development Application requests the following approvals: • GPA 2019-00001 to amend the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). DR 2019-00019 for the building design and site layout at 1042 San Juan Street. C. That the City prepared an Initial Study to evaluate the potential environmental impacts associated with the project. Since identified potential significant impacts can be reduced to a level of insignificance with mitigation measures, a draft Mitigated Negative Declaration (MND) was prepared; D. That a Notice of Intent to Adopt an MND was published and the MND and DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4420 Initial Study were made available for a twenty (20) day public review and comment period from January 7, 2021 to January 27, 2021, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; E. That public comments were received and the Final MND, which includes the Initial Study, Mitigated Negative Declaration and the public comments are attached hereto as Exhibits A and B; F. That whenever a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment, CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during project implementation; G. That the City is the lead agency on the project and the City Council is the decision-making body for the proposed project; H. That a public hearing was duly called, noticed, and held for GPA 2019-00001 and DR 2019-00019 on February 9, 2021, by the Planning Commission; and That the Planning Commission has considered the Initial Study/MND, the public comments received during the public review process, and the MMRP attached hereto as Exhibits A, B and C. II. That the Planning Commission recommends that the City Council find the final MND and MMRP, attached hereto as Exhibits A, B and C adequate for GPA 2019-00001 and DR 2019-00019 and adopt the MND and MMRP for the proposed GPA and development of two (2) duplex residential structures, one (1) detached single-family residence and preservation of one (1) existing residential historic resource structure for a total of six (6) residential units on an 18,857 square foot parcel at 1042 San Juan Street. III. That the facts and reasons for said recommendation of adoption of the Initial Study/MND and MMRP are hereby found and declared to be as follows: The Planning Commission, as a result of its consideration and evidence presented at the hearing on this matter, determined that, as required pursuant to CEQA and the State CEQA Guidelines, the MND and MMRP adequately address the expected environmental impacts of the project. On the basis of this review, the Planning Commission finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4420 PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 9t" day of February, 2021. --DocuSigned by: �. In�i�,Q. 6w� ED45DA2623654A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSigned by: D3273B6D898A43D... AMY MASON Chairperson EXHIBIT A: Initial Study/Mitigated Negative Declaration EXHIBIT B: Outside Agency Comments EXHIBIT C: Mitigation Monitoring and Reporting Program STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4420 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of February, 2021. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ,r--DocuSigned by: E �• ED45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Chu, Jha, Kozak, Mason (4) DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4420 EXHIBIT A OF RESOLUTION 4420 Initial Study/Mitigated Negative Declaration DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF TU T ] Irl CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 1C � , oukFUTUKL INITIAL STUDY / MITIGATED NEGATIVE DECLARATION `IK'"``°"R PASS 1042 SAN JUAN STREET AND 1052 SAN JUAN STREET DESIGN REVIEW (DR) 2019-00019 GENERAL PLAN AMENDMENT (GPA 2019-00001) January, 2021 A. BACKGROUND Project Title: Lead Agency: Contact Person and phone number: Kiba Residential Project City of Tustin, 300 Centennial Way, Tustin, California 92780 Elaine Dove, AICP, RLA, Senior Planner (714) 573-3136 edove@tustinca.org Project Location: The project site is 1042 San Juan Street, in the City of Tustin. 1052 San Juan Street is included for General Plan Amendment for consistency only. Project Sponsor's Name and Address General Plan Land Use Designation Zoning Designation: Project Description: Christopher Kellstrom, 1042 San Juan Street, Tustin, CA 92780 Current: Community Commercial (CC) Proposed: High Density Residential (HDR) Existing: Multiple Family Residential District (R3) Proposed: No Change The Kiba Residential Project proposes infill construction at 1042 San Juan Street of a detached 2 -story residential structure and two (2) three (3) story duplex buildings each with their own two -car garages on property improved with one (1) existing residential structure for a total of six (6) residential units on an 18,857 square foot (0.41 acre) lot. Development of the site will preserve a 1,608 square -foot residential historic resource constructed in 1907 and an existing detached two -car garage serving the historic resource. The discretionary actions required to allow for the development of the multi -family residential project are as follows: General Plan Amendment (GPA 2019-00001) to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and Design Review (DR -2019-00019) to evaluate the design and layout and aesthetic impacts of the proposed project. The project also includes a General Plan Amendment for property located at 1052 San Juan Street to bring this property into General Plan conformity only. No construction is proposed for 1052 San Juan Street. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin The project would be constructed in a single phase, and lasting approximately six months. Construction would include site preparation, grading, trenching, construction, paving and architectural treatments. For a breakdown of the construction schedule, refer to the California Emissions Estimator Model (CaIEEMod) air quality modeling outputs provided in Appendix A. The project site is located in a highly urbanized part of the City. The mix of land uses surrounding the Project Site consist of commercial uses and medium to high density residential. Surrounding Land Uses and Setting: North: Planned Community Commercial, Multi -family residential South: Community Commercial, Multi -family residential East: Community Commercial, Multi -family residential West: Community Commercial Other public agencies whose approval is required: Agency Permit or Approval Tustin Building Division Grading Permits, Building Permits Tustin Public Works Encroachment permits, Storm Drain Connection approval; Water Quality Department Management Plan; WRRP, Orange County Fire Building Plan check and approval. Review for compliance with 2019 Authority California Fire Code, 2019 California Building Code, California Health & Safety Code and Tustin Municipal Code. Plans for fire detection and alarm systems and automatic sprinklers. Southern California Edison Letter of authorization/consent for proposed improvements to provide electrical supply connection to proposed development. Southern California Gas Letter of authorization/consent for proposed improvements to provide gas Co. supply connection to the proposed development. CR&R Environmental Will Serve letter for waste management service. Services Attachments: Figure 1: Regional Location Map Figure 2: Local Vicinity Map Figure 3: Project Vicinity Map Figure 4: Proposed Site Plan and Surrounding Uses Figure 5: Proposed Elevations Appendices: Appendix A: California Emissions Estimator Model (CaIEEMod) Appendix B: Transportation Noise Analysis for Kiba Residential Complex dated October 14, 2020 Appendix C: City of Tustin Historic Resources Survey Excerpts for 1042 San Juan Street (1990 and 2003) 21 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin PURPOSE OF THE INITIAL STUDY: This Initial Study has been prepared in accordance with the following: • California Environmental Quality Act (CEQA) of 1970 (Public Resources Code Sections 21000 et seq.) • California Code of Regulations, title 14, Division 6, Chapter 3 (State CEQA Guidelines, Secons 15000 et seq.); and Pursuant to CEQA, this Initial Study has been prepared to analyze the potential for significant impacts on the environment resulting from implementation of the proposed residential development and associated General Plan Amendment. As required by State CEQA Guidelines Section 15063, this Initial Study is a preliminary analysis prepared by the Lead Agency, the City of Tustin, in consultation with other jurisdictional agencies, to determine if a Mitigated Negative Declaration or an Environmental Impact Report is required for the project. This Initial Study informs City decision makers, affected agencies, and the public of potentially significant environmental impacts associated with the implementation of a project. A "significant effect' or "significant impact" on the environment means "a substantial, orpotentially substantial, adverse change in any of the physical conditions within the area affected by the project". (Guidelines, §15382) Given the project's scope, combined with previous analyses and current information about the site and environs, the City's intent is to adhere to the following CEQA principles: • Provide meaningful early evaluation of site planning constraints, service and infrastructure requirements, and other local and regional environmental considerations. (Pub. Res. Code §21003.1) Encourage the applicant to incorporate environmental considerations into project conceptualization, design and planning at the earliest feasible time. (State CEQA Guidelines §5004[b][3] • Specify mitigation measures for reasonably foreseeable significant environmental effects, and commit the City and applicant to future measures containing performance standards to ensure their adequacy when detailed development plans and applications are submitted. (State CEQA Guidelines §15126.4) PROJECT LOCATION: Regional The City of Tustin is located in central Orange County and encompasses an area of 11.08 square miles. The City is bounded on the south by the cities of Irvine and Santa Ana, on the north by the unincorporated portions of the County of Orange and the City of Orange, and on the east by unincorporated County territory and the City of Irvine. Within the context of the larger Southern California region, Tustin is located approximately two miles north of Orange County's John Wayne Airport and is transected by two major regional freeways: 1-5 (Santa Ana Freeway), divides the City into north and south; and the SR -55 (Costa Mesa) Freeway, divides westerly portions of the City. See Figure 1, Regional Location Map. Local: The proposed project site is located at 1042 San Juan Street. 1052 San Juan Street is included in this application for the General Plan Amendment only. 1042 San Juan Street is a rectangular shaped lot and is surrounded by a commercial development to the east, and multi -family residential uses to the north, south and west. 31 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) 41 City of Tustin Kiba Residential Project 1042 San Juan Street Tustin, CA 1052 San Juan Street (General Plan Amendment only) Figure 1 Regional Location Map 1�urllan k,Glend.Ale r ).i, 07.1 -dint. 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L Game PerldJ�Jan Kiba Residential Project 1042 San Juan Street Tustin, CA 1052 San Juan Street (General Plan Amendment only) Figure 1 Regional Location Map DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Kiba Residential Project 1042 San Juan Street Tustin, CA 1052 San Juan Street (General Plan Amendment only) 51''ag Figure 2 Local Vicinity Map DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin w- Project Sites: 1042 San Juan Street, Tustin, CA,. —�.. 1052 San Juan Street, Tustin (`GPA only) YII 1, 04xt ktl jYa+ ky� �Y' J 44 ylb � � 6 �� h' ra► a� I''r i y d r •� r©ject site, r via Y m �s *#411 j ' A 6e Kiba Residential Project 1042 San Juan Street Tustin, CA 1052 San Juan Street (General Plan Amendment only) 61 Figure 3 Project Vicinity Map DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Project Site: 1042 San Juan Street, Tustin, CA 1052 San Juan Street Project Site: 1042 San Juan Street, Tustin, CA General Plan Amendment Only DR -2019-00019 — GPA 2019-00001 GPA -2019-00001 Kiba Residential Project 1042 San Juan Street Tustin, CA 1052 San Juan Street (General Plan Amendment only) 7I Figure 4 Site Photographs (Existing) DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Q 3 gg g y Yg 1 7 FtO Y Y J Q w 0 m City of Tustin 81 Kiba Residential Project Figure 5 1042 San Juan Street, Tustin, CA Site Plan & Adjacent Structures DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin t , _ n,n `,'�� � ` L` ` IVB T T 3 2� Y �L 4� 4�04 W s-� -�. IF, Bi r,6. TYF` Proposed Front Elevation { u Proposed Interior Side Elevation Kiba Residential Project Figure 6 1042 San Juan Street, Tustin, CA Exterior Elevations DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin 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 on the following pages. ❑ Aesthetics ❑ Biological Resources ® Geology /Soils ❑ Hydrology / Water Quality ❑ Recreation ❑ Utilities / Service Systems DETERMINATION: On the basis of this initial evaluation: ❑ Agriculture and Forestry Resources ® Cultural Resources ❑ Greenhouse Gas Emissions ❑ Land Use / Planning ❑ Population / Housing ❑ Transportation/Traffic ❑ Wildfire ❑ Air Quality ❑ Energy ❑ Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ® Tribal Cultural Resources ❑ Mandatory Findings of Significance ❑ 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 revisions in the project have been made by or agreed to by the project proponent. A MITIGATED 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 "potentially significant impact" or "potentially significant unless mitigated" impact 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. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 101 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin ® I find that although the project could have a significant effect on the environment, there will not be a significant effect in this case because revisions int eh project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. Signature: 111 Page Date: DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF C. EVALUATION OF ENVIRONMENTAL IMPACTS OF INFILL PROJECTS: 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 as well as 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 account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur as a result of an infill project, 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, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, 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 15063(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 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 should 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. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) D. INITIAL STUDY Issues: AESTHETICS. Except as provided in Public Resources Code Section 21099. 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) In non -urbanized areas, substantially degrade the existing visual character or quality of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? City of Tustin Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ a) Would the project have a substantial adverse effect on a scenic vista? No Impact. The project would not have an adverse effect on a scenic vista. Based on the Orange County Scenic Highway Plan Map and the City's General Plan, there are no designated scenic highways or vistas in the project area. The most significant natural resources and local vistas occur in Peters Canyon, which is located 5 miles north of the project site. The project site vicinity is a flat urbanized area and contains a mixture of commercial and residential uses, with limited undeveloped land. The proposed project would add five (5) residential apartment units to (1) existing residential unit existing on the site. The project 131 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin consists of one (1) new two (2) story residential unit and two (2) three (3) story duplexes. The change in land use and associated building types would alter the appearance of the project site but would not result in an adverse effect on a scenic vista. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no designated state scenic highways in the vicinity of the project site. Furthermore, there are no State -designated or eligible scenic highways within the City of Tustin. Therefore, there would be no impact related to damaging scenic resources within a state scenic highway. c) Would the project in non -urbanized areas, substantially degrade the existing visual character or quality of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). if the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact. The visual character of the site's surroundings is dominated by residential and commercial uses. Because of the infill nature of the proposed project and its compatibility with similarly -scaled buildings within this urban setting, no visual impacts are associated with the project and the proposed project site is in accordance with the applicable zoning. d) Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact. The project site is surrounded by nighttime security lighting and street lighting. Surrounding lighting conditions are typical of similar urban environments particularly those with mixed land uses (e.g., commercial and residential) that have elevated light levels on non-residential sites and on high traffic roadways that require additional lighting. The project would create limited new sources of light from site lighting, but would not adversely affect day or nighttime views in the area given the similarity of the existing lighting in the surrounding urban environment. The Tustin Building Code (2019) requires submittal of point -by -point photometric calculations with building plans showing compliance with Tustin City Code (TCC) 8102 and will be required to comply with City of Tustin lighting standards. The following measures are standard conditions of development and existing plans, programs or policies (collectively referred to as PPPs) that apply to the proposed project and would help reduce and avoid potential impacts relating to aesthetics, lighting and glare. These actions would be included in the project's mitigation monitoring and reporting program: PPP -1 Construction Hours. Project construction hours will be limited to the hours of 7:00 a.m. and 6:00 p.m., Mondays through Friday, and the hours of 9:00 a.m. and 5:00 p.m. on Saturdays, excluding city observed federal holidays. PPP -2 Lighting. Prior to issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the TCC Section 8102, which requires a minimum of one foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. The photometric plan must also show no light spillage pursuant to TCC Section 9271 hh. Mitigation Measures/Monitoring Required: None required. 141 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Sources: 1. City of Tustin General Plan/Conservation/Open Space/Recreation Element (November 20, 2012) 2. County of Orange Master Plan, Ch. IV Scenic Highway Plan (2014) 3. California Department of Transportation (Caltrans), California Scenic Highway Mapping System (September 7, 2011, http:/www.dot.ca.gov/hq/LandArch/scenic_ highways 4. City of Tustin Building Code, Tustin Municipal Code Section 8102 (2019) Less Than Potentially Significant Less Than No Issues: Significant With Significant Impact Impact Mitigation Impact Incorporated AGRICULTURE AND FOREST 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. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique ❑ ❑ ❑ Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for ❑ ❑ ❑ agricultural use, or a Williamson Act contract? 151 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) C) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? Discussion: City of Tustin ❑ ❑ ❑ ❑ ❑ ❑ ❑ a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. There are currently no farmland or agricultural activities in the project area. The project site is not used for agricultural production and is not designated Prime Farmland, Unique Farmland or Farmland of Statewide Importance on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency. Therefore, project implementation would not result in the conversion of mapped farmlands to non-agricultural uses. b) Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The project site is not zoned for agricultural use and is not under a Williamson Act contract. No impact would occur in this regard. c) Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(8)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. The project site is currently zoned R3 (Multiple Family Residential District) and not occupied, used or zoned for forest land or timberland. No impact would occur in this regard. d) Would the project result in the loss of forest land or conversion of forest land to non -forest use? 161 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin No Impact. The project site is fully improved with a residential use and is surrounded by commercial and residential uses with landscaping, paving, and utilities. The project site is fully urbanized and there is no forest land in the vicinity of the project. The project will not result in loss of forest land or conversion of forest land to non -forest use. No impact would occur in this regard. e) Would the project involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? No Impact. The nature and location of the project will not result in conversion of Farmland/forest land to non-agricultural/non-forest uses in that the property is fully improved with a residential use. No land in the vicinity of the site has been designated for future agricultural uses. The proposed project would not result in changes in the existing environment which could result in conversion of farmland to non - agriculture use. No impact would occur in this regard. Mitigation Measures/Monitoring Required: No mitigation measures are necessary because no significant impacts to agriculture or forest resources have been identified. Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. Project description and plans. 4. State of California Department of Conservation Farmland Mapping & Monitoring Program https://www.conservation.ca.gov/dlrp/fmmp/Pages/Orange.aspx Issues: III. 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) 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? 17 1 Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ Less Than No Significant Impact Impact ® ❑ ® ❑ DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Issues: c) Expose sensitive receptors to substantial pollutant concentrations? d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Discussion: 181 City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ® ❑ ❑ ❑ ® ❑ a) Would the project conflict with or obstruct implementation of the applicable air quality plan? Less than Significant: The Project Site is located within the South Coast Air Basin (SCAB), which includes the non -desert portions of Los Angeles, Riverside, and San Bernardino Counties, and all of Orange County, and is within the jurisdictional boundaries of South Coast Air Quality Management District (SCAQMD). The SCAQMD administers the Air Quality Management Plan (AQMP) for the SCAB, which is a comprehensive document outlining an air pollution control program for attaining all California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS). The most recent adopted AQMP is the 2016 AQMP (SCAQMD 2017), which the SCAQMD Governing Board adopted in March 2017. The 2016 AQMP represents a new approach, focusing on available, proven, and cost- effective alternatives to traditional strategies while seeking to achieve multiple goals in partnership with other entities promoting reductions in greenhouse gases (GHGs) and toxic risk, as well as efficiencies in energy use, transportation, and goods movement (SCAQMD 2017). The purpose of a consistency finding is to determine if a project is inconsistent with the assumptions and objectives of the regional air quality plans, and, thus, if it would interfere with the region's ability to comply with federal and state air quality standards. The SCAQMD has established criteria for determining consistency with the currently applicable AQMP in Chapter 12, Sections 12.2 and 12.3, in the SCAQMD CEQA Air Quality Handbook. The criteria are as follows (SCAQMD 1993): • Whether the project would result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of the ambient air quality standards or interim emission reductions in the AQMP. • Whether the project would exceed the assumptions in the AQMP or increments based on the year of project buildout and phase. The Project's potential to result in an increase in the frequency or severity of existing air quality violations, cause or contribute to new violations, or delay timely attainment of the ambient air quality standards or interim emission reductions in the AQMP, project -generated criteria air pollutant emissions were DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin estimated and analyzed for significance. Detailed results of this analysis are included in Appendix A. Project construction would not generate criteria air pollutant emissions that would exceed the SCAQMD thresholds, and the Project is not anticipated to generate operational criteria air pollutant emissions. The proposed project involves site preparation and minimal grading of the 0.41 acre lot. It would also involve constructing five (5) residential units (two duplexes and one single family residence), architectural coating, and non -asphalt surfaces. No demolition is proposed. Section 15206(b) of the CEQA Guidelines states that a project is of statewide, regional, or area -wide significance if it would involve a net increase of over 500 dwelling units. This, is not a project of statewide, regional or area -wide significance, which would require intergovernmental review. Therefore, the proposed project would not have the potential to affect SCAG's demographic projections. Additionally, as demonstrated below, the regional emissions that the proposed project would generate in the construction and operational phases would be less than the SCAQMD emission thresholds. SCAQMD would not consider the Proposed project to be a substantial source of air pollutant emissions that would have the potential to affect the attainment designations in the SoCAB. Therefore, the project would not affect the regional emissions inventory or conflict with strategies in the AQMP. SB 743 was signed into law in 2013 which initiated an update to the CEQA Guidelines to change how lead agencies evaluate transportation impacts under CEQA with the goal of better measuring the actual transportation -related environmental impacts of any given project. Agencies must look at reducing greenhouse gas emissions and traffic -related air pollution, promoting the development of multimodal transportation systems, and providing clean, efficient access to destinations. Agencies analyzing transportation of new projects must now look at vehicle miles traveled to measure how much actual automobile travel a project would create on the California roads. If the project adds excessive car travel, the project may cause a significant transportation Impact. Per the California Office of Planning & Research (OPR), a vehicle miles traveled (VMT) transportation analysis is not required for projects generating fewer than 110 average daily trips (ADT). As proposed, the project would generate 46 ADT according to the following breakdown: TRIPS PER DAY Unit Type Number of Units Average. Trips per Day Total Average Trips Per Day Detached Multi Family Dwellings 2 units 9.52 ADT/Dwelling Unit (DU) 19 ADT Attached Multi -Family Dwellings 4 units 6.65 ADT/DU 27 ADT TOTAL TRIPS PER DAY 1 47 Tris per da Therefore, no mitigation is required. b) Would the project 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? Less than Significant: Air pollution is largely a cumulative impact. The nonattainment status of regional pollutants is a result of past and present development, and the SCAQMD develops and implements plans for future attainment of ambient air quality standards. Based on these considerations, this analysis uses 191 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin project -level thresholds of significance for criteria pollutants in the determination of whether a project's individual emissions would have a cumulatively consideration contribution on air quality. If a project's emissions would exceed the SCAQMD significance thresholds, the analysis would conclude that the Project would have a cumulatively considerable contribution. Conversely, projects that do not exceed the project -specific thresholds are generally not cumulatively significant. (SCAQMD 2003). Criteria air pollutants include ozone (03), sulfer dioxide (SO2), particulate matter with an aerodynamic diameter less than or equal to 10 microns (PM1o; coarse particulate matter), particulate matter with an aerodynamic diameter less than equal to 2.5 microns (PM2.5); fine particulate matter), and lead. Table AQ -1: SCAQMD Regional Daily Emissions Thresholds' Pollutant Construction (lbs/day) Operations (lbs/day) NOX 100 55 VOC 75 55 PM10 150 150 PM2.5 55 55 SOX 150 150 CO 550 550 Lead 3 3 Construction It is mandatory for all construction projects to comply with several SQAMD Rules, including Rule 403 for controlling fugitive dust, PM1o, and PM2.5 emissions from construction activities. Rule 403 requirements include, but are not limited to: applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the site, covering all trucks hauling soil with a fabric cover and maintaining effective cover over exposed areas. Compliance with Rule 403 was accounted for in the construction emissions modeling for the project. In addition, implementation of SCAQMD Rule 1113 that governs the VOC content in architectural coating, paint, thinners, and solvents was accounted in the construction emissions modeling for the project. As shown in Table 2 below, CaIEEMod results indicate that construction emissions generated by the proposed project would not exceed SCAQMD regional thresholds. Therefore, emissions from construction activities would be less than significant. Table AQ -2: Construction Localized Significance Thresholds (Based on One (1) Acre Site) Year NO2 CO PM10 PM2.5 Pounds per Da on site 2021 Maximum Daily Emissions 0.4164 0.4038 0.0283 0.0235 SCAQMD LST Criteria 81 485 4 3 THRESHOLD EXCEEDED? No No No No 1 Regional thresholds are from the SCAQMD Air Quality Significance Thresholds, March 2015. 201 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin The proposed construction of two duplexes and a single-family residence is below the threshold criteria for construction and operation impacts as defined in Tables 6-2 and 6-3 of the California Environmental Quality Act (CEQA) Air Quality Handbook published in 1993 by the South Coast Air Quality Management District (SCAQMD). A continuation of residential use at the subject property will not produce or involve concentrated pollutants or odors. The proposed project will not violate any air quality standard or contribute substantially to an existing or projected air quality violation, and it will not result in a cumulatively considerable net increase of any criteria pollutant or expose sensitive receptors to substantial pollutant concentrations or create objectionable odors affecting a substantial number of people. The analysis used CaIEEMod, Version 2016.3.2 to estimate emissions for construction of the project. CaIEEMod quantifies criteria pollutant and green house gas (GHG) emissions (Appendix A). CaIEEMod input parameters, including project size, construction schedule, number of worker/delivery/haul trips, and anticipated construction equipment utilization, were based on default model assumptions. Operation Operation of 5 mid -rise residential units would result in long-term regional emissions of criteria air pollutants and ozone precursors associated with area sources, such as natural gas consumption, landscaping, applications of architectural coatings, and consumer products. However, vehicular emissions would generate a majority of the operational emissions from the project. Operational emissions associated with the project were modeled using CaIEEMod and are presented in Table AQ -3. As shown, the proposed project would result in long-term regional emissions of the criteria pollutants that would be below the SCAQMD's applicable thresholds. Therefore, operation of the project would not result in a cumulatively considerable net increase of any criteria pollutant impacts and operational impacts would be less than significant. Table AQ -3: Summary of Peak Operational Emissions Operational Activity Emissions (lbs/day) VOC NOx CO PM10 PM2.5 Area Source 0.0886 1.89 0.0834 5.06 <0.1 Energy Source 3.400e- 004 2.9 1.25 2.4 2.4 Mobile Source 8.4800 e-003 0.0373 0.117 3.4 0.118 Total Maximum Daily Emissions 0.0974 4.82 1.45 10.86 2.618 SCAQMD Regional Threshold 55 55 550 150 55 211 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Threshold Exceeded? I No I No I No I No I No City of Tustin c. Would the project expose sensitive receptors to substantial pollutant concentrations? Less than Significant: A project could expose sensitive receptors to elevated pollutant concentrations during construction activities if it would cause or contribute significantly to elevated levels. According to the SCAQMD, sensitive receptors include residences, schools, playgrounds, childcare centers, long-term healthcare facilities, rehabilitation centers, convalescent centers, and retirement homes (SCAQMD 1993). The closest sensitive receptor land uses are multifamily residences adjacent to the project site to the east, north and south. Project construction activities could result in temporary sources of on-site criteria air pollutant emissions associated with construction equipment exhaust and dust -generating activities. The SCAQMD recommends a localized significance threshold (LST) analysis to evaluate localized air quality impacts to sensitive receptors in the immediate vicinity of the project site because of construction activities. The project is located in Source Receptor Area (SRA) 17 (Central Orange County). The project's construction activities would occur on a 0.41 -acre area; therefore, the LST analysis based its emissions thresholds on a one (1) -acre site. The LSTs assumed for a distance of 25 meters (82 feet) from the site boundary, which is the shortest distance that the SCAQMD look -up tables provide for this analysis. The maximum daily on-site construction emissions generated during construction of the project is provided in Table AQ -2 and compared to the SCAQMD localized significance criteria for SRA 17 to determine whether Project -generated, onsite construction emissions would result in potential LST impacts construction of the project would not result in a cumulatively considerable net increase of any criteria pollutant impacts and operational impacts would be less than significant. d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less -than -Significant Impact. The occurrence and severity of potential odor impacts depend on numerous factors. The nature, frequency, and intensity of the source; wind speed and direction; and the sensitivity of the receiving location each contribute to the intensity of the impact. Although offensive odors seldom cause physical harm, they can be annoying, cause distress among the public, and generate citizen complaints. During Project construction, exhaust from equipment may produce discernible odors typical of most construction sites. Potential odors produced during construction would be attributable to concentrations of unburned hydrocarbons from tailpipes of construction equipment. However, such odors would disperse rapidly from the Project Site and generally occur at magnitudes that would not affect substantial numbers of people. Accordingly, impacts associated with odors during construction would be less than significant. Land uses and industrial operations associated with odor complaints include agricultural uses, wastewater treatment plants, food-processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding (SCAQMD 1993). Operation of the Project would not entail any of these potentially odor causing land uses. Therefore, the Project would not create any new sources of odor during operation and would result in a less than significant odor impact. 22 1 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Mitigation Measures/Monitoring Required: N/A PPP -3 The project will comply with South Coast Air Quality Management District (SCAQMD) Rule 402 (Nuisance) and Rule 403 (Fugitive Dust). The project developer will require construction contractors and subcontractors to employ the following enhanced dust control measures during construction to minimize particulate matter (PM -10 and PM -2.5) emissions: 1. Suspend the use of all construction equipment during first -stage smog alerts. 2. Apply soil stabilizers such as hay bales or aggregate cover to inactive areas. 3. Prepare a high wind dust control plan and implement plan elements and terminate soil disturbance when winds exceed 25 mph. 4. Stabilize previously disturbed areas if subsequent construction is delayed. 5. Water exposed surfaces and haul roads 3 times/day. 6. Cover all stock piles with tarps. 7. Replace ground cover in disturbed areas quickly. 8. Reduce speeds on unpaved roads to less than 15 mph. 9. Trenches shall be left exposed for as short a time as possible. 10. Identify proper compaction for backfilled soils in construction specifications. 11. Cover all trucks hauling dirt, sand, or loose material or require all trucks to maintain at least two feet of freeboard. 12. Sweep streets daily if visible soil material is carried out from the construction site. 13. Provide water spray during loading and unloading of earthen materials. 14. Minimize in -out traffic from construction zone. Sources: 1. Submitted Plans 2. Tustin City Code 3. Tustin Grading Manual 4. CEQA Air Quality Handbook 5. CaIEEMod Version 2016.3.2 231 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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 of Fish and Wildlife 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 Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on ❑ ❑ ❑ state or federally protected wetlands (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? 241 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Issues: 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? City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ No Impact N a) Would the project 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 Wildlife or U.S. Fish and Wildlife Service? No Impact. The project will not have a substantial adverse effect 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 Wildlife or U.S. Fish and Wildlife Service. The property has been previously developed and there is no native habitat on the project site. Therefore, there is no likelihood that implementation of the project would impact such species. No mitigation is required. b) Would the project 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 Wildlife or U.S. Fish and Wildlife Service? No Impact. The project site is a developed parcel in an urban setting surrounded by existing residential and commercial uses with no native habitat. There are no surface waters or drainages with riparian habitat on or in the vicinity of the site. No sensitive natural communities identified in local or regional plans, policies, or regulations or by CDFW or USFWS are present. Therefore, there is no likelihood that the project would cause an impact to riparian habitat or sensitive vegetation communities. No mitigation is required. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The 0.41 acre site is developed with a residential structure and a detached two -car garage. No jurisdictional features occur on the site. In addition, no natural hydrological features or federally protected wetlands as defined by Section no404 of the Clean Water Act occur on site. Therefore, no direct removal, filling, or hydrological interruption of a wetland area would occur with development of the project site. No mitigation is required. 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? 251 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin No Impact. The project site is a developed parcel in an urban setting surrounded by existing residential and commercial uses with no native habitat. The site currently has no trees and minimal landscaping. The project site does not contain any greenbelts for wildlife movement or native vegetation capable of supporting the movement of wildlife, particularly corridors that facilitate movement of species between larger strands of native habitat. Construction of the proposed project would not result in the encroachment into or impediment of a wildlife corridor or nursery site that local wildlife could use. Therefore, the proposed project would have no impact on wildlife movement corridors or wildlife nursery sites. No mitigation is required. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The project site is located within an entirely developed area in the City of Tustin. The project site has no trees, and the proposed project would not affect trees that are located beyond the project site. The City of Tustin does not have a tree protection ordinance and the proposed project would not conflict with any local policies or ordinances protecting biological resources, and no impact would occur. 0 Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The project site is not located within a Habitat Conservation Plan, Natural Community Conservation Plan or other similar plan. The project site is not located within or proximate to any significant ecological area, land trust or conservation plan. As such, construction of the proposed project would not conflict with an adopted conservation plan and no impact would occur. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code 3. Project description and plans. 4. Department of Fish and Wildlife, Natural Community Conservation Plan - County of Orange (Central/Coastal) NCCP/HCP https://www.wildlife.ca.gov/Conservation/Planning/NCCP/Plans/Orange-Coastal Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation I ncorporated V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in El ® El El the significance of a historical resource pursuant to § 15064.5? 261 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin b) Cause a substantial adverse change in ❑ ® ❑ ❑ the significance of an archaeological resource pursuant to § 15064.5? C) Disturb any human remains, including ❑ ® ❑ ❑ those interred outsides of formal cemeteries? a) Would the project cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5? Less Than Significant With Mitigation Incorporated. A substantial adverse change in the significance of a historical resource would be a project that demolishes or materially alters in an adverse manner those physical characteristics of an historical resource that convey its historical significance and that justify its inclusion in, or eligibility for, inclusion in the California Register of Historical Resources; demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources or its identification in a historical resources survey meeting the requirements or demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by the lead agency for purposes of CEQA. The proposed project does not include demolition or any alterations to the existing historical resource. The historical resource will be protected and not disturbed during construction activities pursuant to Mitigation Measure CUL -3. As proposed, the project complies with the Secretary of Interiors Standards. The historical resource is not eligible for listing in the California Register of Historical Resources pursuant to the findings of the City of Tustin Historic Resources Survey (2003) which identifies the property with NRHI Status Code of 5S3 (Not eligible for separate listing or designation under an existing local ordinance but is eligible for consideration in local planning) and in California State Office of Historic Preservation Technical Assistance Bulletin #8, appears to be individually eligible for local listing or designation through survey evaluation. The historic resource is already identified in the local historical resources survey. The project follows the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings. The historic resource will be used as it was historically and will retain its distinctive materials and features, and will be protected and, if necessary, stabilized until additional work may be undertaken. The new construction will not alter the historic relationship of the existing residence to its immediate surroundings, destroy historic features, or obscure primary view of the property. The historic resource is located in a residential neighborhood that consists of one and two-story houses, an elementary and high school, commercial uses and is highly urbanized. The majority of the construction is located behind the historic resource and will not impact the historic character of the site and is in keeping with the density of the surrounding neighborhood. CUL -1: Applicant/contractor shall take the following measures to protect the existing historic residential structure during all phases of construction and include all of the following measures in the plans prepared for permit issuance: 271 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) 28 1 City of Tustin 3.1 During excavation for footings on new structures, the applicant/contractor shall provide shoring around the historic resource to prevent undermining of the foundation. 3.2 Applicant/contractor shall provide plywood protection at all windows in the historic residential structure and shall show plywood protection on the construction plans submitted to the City of Tustin for building permits. 3.3 Applicant/contractor shall secure the historic resource from physical access during the construction period. 3.4 Applicant/contractor shall install a direct dial fire and smoke intrusion security system in the historic residential structure. 3.5 Applicant/contractor shall protect the historic resource's walls with solid construction fencing to prevent damage to existing finishes. 3.6 During plastering of the exterior walls of the new buildings, applicant/contractor shall provide fabric barriers to prevent overspray from reaching the historic residential structure. 3.7 The applicant/ contractor shall maintain fire extinguishers at each level of each new building in case of fire during construction. 3.8 Subject to approval by the Director of Community Development, applicant/contractor shall engage the services of an licensed architect meeting the professional qualifications standards identified by the Secretary of Interiors Standards and Guidelines (https://www.nps.gov/history/local-law/arch_stnds_9.htm) to monitor the historic residential structure during construction activities on a monthly basis and submit monthly status reports to the City of Tustin Community Development Department. 3.9 During construction, the Applicant/contractor shall stop work immediately in the event of damage to the historic resource and contact the Community Development Department and the architect identified in 3.8 of this mitigation. All work shall stop until such time as the damage is remedied to the satisfaction of the Director of Community Development. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? Less Than Significant With Mitigation Incorporated. Archaeological resources are the physical remains of past human activities and can be either be prehistoric or historic in origin. Archaeological sites are locations that contain significant evidence of human activity. Generally, a site is defined by a significant accumulation or presence of one or more of the following: food remains, waste from manufacturing of tools, tools, concentrations or alignment of stones, modification of rock surfaces, unusual discoloration or accumulation of soil, or human skeletal remains. Archaeological sites are often located along creek areas and ridgelines. The property has been previously disturbed through its use as residential and agricultural land and the surrounding area is predominantly urbanized with residential and commercial uses. Due to the level of past disturbance, it is not anticipated that archaeological sites would be found. Although the potential for disturbance of undiscovered resources due to grading and excavation activities is considered low, in DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin accordance with Policy 13.2 of the Conservation/Open Space/Recreation element of the City's General Plan which requires mitigation measures where development could or will affect archaeological resources. Mitigation Measures CUL -2 and CUL -3 below are required to reduce this potential impact to a level considered less than significant. The City notified the following tribes of the opportunity for consultation : 1. Gabrieleno Band of Mission Indians — Kizh Nation 2. Gabrieleno/Tongva San Gabriel Band of Mission Indians 3. Gabrieleno/Tongva Nation 4. Gabrielino/Tongva Indians of California Tribal Council 5. Gabrielino-Tongva Tribe 6. Juaneno Band of Mission Indians Achjachemen Nation — Belardes 7. Pala Band of Mission Indians 8. Santa Rosa Band of Cahuilla Indians 9. Soboba Band of Luiseno Indians 10. Campo Band of Diegueno Mission Indians 11. Ewiiaapaayp Bbd of Kumeyaay Indians 12. La Posta Band of Diegueno Mission Indians Only the Gabrieleno Band of Mission Indians-Kizh Nation requested consultation. The City conducted tribal consultation through the Bill (AB) 52 and Senate Bill (SB) 18 processes. On December 23, 2020, City staff consulted with the Gabrieleno Band of Mission Indians — Kizh Nation who requested consultation and specific mitigation measures, as shown in Section XVIII, Tribal Cultural Resources. The remaining tribes did not request consultation. Mitigation Measures/Monitoring Required: CUL -2: Prior to the issuance of the first grading permit, a qualified Native American monitor shall be retained by the Applicant/Developer to provide professional Native American monitoring services for any construction activities that may disturb native soils (i.e., previously undisturbed soil 18 -inches or more below the surface). The Native American monitor from the Gabrieleno Band of Mission Indians — Kizh Nation, shall be selected by the Applicant/Developer and verification of retention of the Native American monitor shall be provided to the City of Tustin Community Development Department on tribal letterhead, including the monitor's name and contact information. The Native American monitor and a City of Tustin Community Development Department designee shall be present at the pre -grading conference to establish procedures for Native American resource surveillance. The Native American monitor shall be present during all ground disturbing activities of native soil including but not limited to post holing, auguring, boring, grading, excavation and trenching. (See also TCR -1) c) Would the project disturb any human remains, including those interred outsides of formal cemeteries? Less Than Significant Impact. The property has been previously disturbed through its previous use as residential and agricultural land. There are no known human remains or cemeteries on the Project site or adjoining properties. Historically, the project site has consisted of agricultural and residential buildings. The project site has previously been disturbed and the likelihood that human remains would be discovered during site clearing and grading activities is extremely low. 291 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin However, in the unlikely event that the Project Applicant discovers human remains during ground - disturbing activities, California Health and Safety Code Section 7050.5 requires that disturbance of the site shall remain halted. The County Coroner shall investigate the circumstances, manner, and cause of any death and recommend the treatment and disposition of the human remains to the person responsible for the excavation or to his or her authorized representative, in the manner provided in Section 5097.98 of the California Public Resources Code. The coroner is required to make a determination within two working days of notification of the discovery of the human remains. If the coroner determines that the remains are not subject to his or her authority or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission (NAHC) so that NAHC can contact the "most likely descendant". The most likely descendant shall receive access to the discovery and will provide recommendations or preferences for treatment of the remains within 48 hours of accessing the discovery site. Disposition of human remains and any associated grave goods, if encountered, shall be treated in accordance with procedures and requirements set forth in Sections 5097.94 and 5097.98 of the Public Resources Code; Section 7050.5 of the California Health and Safety Code; and CEQA Guidelines Section 15064.5. Compliance with existing law regarding the discovery of human remains would reduce potential impacts to human remains to a less -than -significant level. No mitigation measures are necessary. PPP -4 Should human remains be discovered during project construction, the project would be required to comply with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the human remains until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of notification by the Native American Heritage Commission (NAHC). Sources: 1. Submitted Plans 2.. Tustin City Code 3. Tustin General Plan 4. City of Tustin Historical Resources Survey (1990) 5. City of Tustin Historical Resources Survey (2003) 6. Secretary of Interior Standards for Preservation 7. County of Orange, Historical Aerial Imagery 301 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation I ncorporated VI. ENERGY. Would the project: a) Result in potentially significant ❑ ❑ ® ❑ environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? b) Conflict with or obstruct a state or local ❑ ❑ ® ❑ plan for renewable energy or energy efficiency? a) Would the project result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less than Significant Impact. The project, including construction activities, will not result in potentially significant environmental impact in that energy consumption for the project will be subject to California Building Standards Code and Title 24 2019 Building Energy Efficiency Standards during construction and operations. Southern California Edison provides electrical service to the project site. SoCalGas serves the project area. SoCalGas serves 21.6 million customers in a 20,000 -square -mile service area that includes over 500 communities (SoCalGas 2020). In 2018 (the most recent year for which data is available), SoCalGas delivered 5,156 million therms of natural gas, with the majority going to residential uses (CEC 2019b). Demand for natural gas can vary depending on factors such as weather, price of electricity, the health of the economy, environmental regulations, energy -efficiency programs, and the availability of alternative renewable energy sources. Natural gas is available from a variety of in-state and out-of-state sources and is provided throughout the state in response to market supply and demand. b) Would the project conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. The project, including construction activities, will not conflict with or obstruct state and local plans for renewable energy and energy efficiency in that the project will comply with such requirements and implement energy efficiency measures as required by the 2019 California Building Standards Code and Title 24. Mitigation Measures/Monitoring Required: N/A 311 ,age DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Sources: 1. City of Tustin General Plan (November, 2018) 2. City of Tustin Municipal Code 3. City of Tustin Building Code, Tustin Municipal Code Section 8102 (2019). Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated VII. GEOLOGY AND SOILS. Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: 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? 321 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin d) Be located on expansive soil, as defined ❑ ® ❑ ❑ in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately ❑ ❑ ❑ supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique ❑ ❑ ® ❑ paleontological resource or site or unique geologic feature? a) Would the project directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: 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. Strong seismic ground shaking? Seismic -related ground failure, including liquefaction? Landslides? Less Than Significant Impact. The project site is not located within the Alquist-Priolo Earthquake Fault Zoning Map. The closest known active fault is the Newport -Inglewood Fault, located at a distance of approximately 8 miles southwest of the project site. Other nearby active faults include the Elsinore Fault and the Whittier Fault, located 12.7 miles and 13.4 miles from the project site, respectively. Due to the distance of the closest active fault to the site, ground rupture is not considered a significant hazard at the site and the proposed development would have less than significant impact to the potential of adverse effects. PPP -5: Prior to issuance of a building permit, the applicant shall submit a geotechnical investigation report of the subject property. Less Than Significant Impact. The project site is located within a region of active faulting and seismicity in Southern California. Potential regional sources for major ground -shaking hazards include the San Adreas, San Jacinto, and Elsinore fault zones. This risk is not considered substantially different than that of other similar properties in the Southern California area. The project would be required to construct building modifications in accordance with the California Building Standards Code (CBSC), also known as California Code of Regulations (CCR), Title 24 and the City of Tustin 2019 Building Code. The CBSC and City Building Code are designed to preclude significant adverse effects associated with strong seismic ground shaking. The proposed project would not result in strong seismic ground shaking in that the project would not involve boring and/or driving pylons into the ground. 331 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin iii. Less Than Significant Impact. According to the State of California Department of Conservation Earthquake Hazards Zone Application, the project site is not located in a State of California delineated liquefaction zone, earthquake fault zone or landslide zone for liquefaction potential. In Southern California, most of the seismic damage to manmade structures results from ground shaking, and to a lesser degree, from liquefaction and ground rupture caused by earthquakes along active fault zones. However, due to the distance of the closest active fault to the site, seismic -related ground failure is not considered a significant hazard at the site and the proposed development would have less than significant impact to the potential of adverse effects. iv. No Impact. The project site is flat and is not located within proximity to hills or mountains and would not directly or indirectly cause potential substantial adverse effects related to landslides. b) Would the project result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. The potential for erosion or loss of topsoil would be negligible with development and implementation of erosion control Best Management Practices (BMPs) required of the Erosion and Sediment Control Plan for development on the project site. An erosion control plan would be prepared prior to construction to reduce sedimentation, erosion, and other water quality impacts associated with construction. The Erosion and Sediment Control Plan would establish BMPs for erosion and sediment control and non -storm water management during construction activities. Additionally, a Preliminary Water Quality Management Plan (WQMP) has been prepared to prevent stormwater pollution and manage urban runoff after construction and approved by the City of Tustin; a Final WQMP will be reviewed and approved prior to issuance of building permits. During construction, the project would be required to comply with SCAQMD's Fugitive Dust restrictions (Rules 402 and 403) to reduce construction erosion impacts. Rule 402 requires the applicant to implement dust suppression techniques to prevent dust and soil erosion from creating a nuisance off site. Rule 403 requires the applicant to control fugitive dust with best available control measures so that it does not remain visible in the atmosphere beyond the property line of emissions source. In addition, the applicant would be required to comply with the City of Tustin Grading Manual (Tustin City Code Section 8904 et seq.) PPP -6 In order to comply with the 2003 DAMP, the proposed project shall prepare an Erosion and Sediment Control Plan and Water Quality Management Plan (WQMP) conforming to the current National Pollutant Discharge Elimination System (NPDES) requirements, prepared by a Licensed Civil Engineer or Environmental Engineer, which shall be submitted to the Department of Public Works for review and approval. The plan shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to eliminate polluted runoff until all construction work for the project is completed. A WQMP shall be maintained and updated as needed to satisfy the requirements of the adopted NPDES program. The plan shall ensure that the existing water quality measures for all improved phases of the project are adhered to. Location of the BMPs shall not be within the public right-of-way. 341 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin PPP -7 The project shall comply with NPDES requirements for control of discharges of sediments and other pollutants during operations of the facility through preparation and implementation of a Final Priority Water Quality Management Plan (WQMP) in compliance with the Municipal Separate Storm Sewer System (MS4) Permit in effect for the Santa Ana Regional Water Quality Control Board (RWQCB) at the time of grading permit application. c) Would the project 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? No impact. According to the State of California Department of Conservation Earthquake Hazards Zone Application, the project site is not located in a State of California delineated Seismic Hazard Zone for liquefaction, earthquake fault zone or landslide zone potential. The project will be subject to the recommendations of a geotechnical report associated with future grading and building permits, which would ensure that any potentially unstable soils present on the project site are appropriately remediated through site design considerations. The risk associated with unstable soils causing harm to humans or structures is below the level of significance. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Less than Significant with Mitigation: G-1 Grading plan review shall also be conducted by the City of Tustin City Engineer, or designee, prior to the start of grading to verify that requirements developed during the geotechnical design evaluation have been appropriately incorporated into the project plans. Design, grading, and construction shall be performed in accordance with the requirements of the City Building Code and the California Building Code (CBC) applicable at the time of grading, as well as the recommendations of the project geotechnical consultant as summarized in a final report subject to review by the City Engineer, or designee, prior to the start of grading activities. e) Would the project 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? No impact. The proposed project does not involve use or installation of septic tanks or alternative waste water disposal systems. The property is fully improved and connected to existing sewer services. 0 Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less than Significant Impact. The project site is flat and does not contain any unique geologic features The project site has been disturbed through its historical use as agricultural land and is not anticipated to contain unique paleontological resources. However, in the unlikely event that the Project Applicant encounters paleontological resources the project would be required to comply with California Public Resources Code (PRC), Chapter 1.7, Sections 5097.5 and 30244 PRC Section 5097.5 prohibits persons from knowingly and willfully excavating upon, or removing, destroying, injuring, or defacing any vertebrate 351 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin paleontological site, including fossilized footprints or other paleontological feature. Therefore, a less than significant impact would occur and no mitigation measures are required. Mitigation Measures/Monitoring Required: N/A Sources: 1. Alquist-Priolo Earthquake Fault Zoning Map 2. Seismic Hazard Zone Map, California Department of Conservation 3. City of Tustin General Plan 4. City of Tustin Zoning Code 5. City of Tustin Building Code, Tustin Municipal Code Section 8102 (2019) 6. Submitted Plans Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation I ncorporated VIII GREENHOUSE GAS EMISSIONS Would the project: a) Generate greenhouse gas emissions, El ❑ ® ❑ either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or El ❑ ® ❑ regulation adopted for the purpose of reducing the emissions of greenhouse gases? a) Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact: Temporary increases in greenhouse gas emissions are likely to occur during construction which would be greater than those typically experienced in the existing neighborhood. No demolition is proposed on the site. The project involves construction of three (3) new residential structures to accommodate five (5) dwelling units. Emissions created from construction activities are not anticipated to have a significant impact on the environment due to the scope of work and the minimal construction time anticipated. New construction will be required to comply with the latest addition of applicable codes which include energy codes related to efficiency. Materials proposed for the residences will be modern and meet high efficiency standards to reduce greenhouse gas emissions. The proposal would result in five (5) dwelling units in addition to the existing dwelling unit currently on the site. The proposed total of six (6) dwelling units, including the existing historic residence, would be the maximum permissible under the R3 zoning 361 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin development standards and equates to 14 units per acre, which would be consistent with the proposed General Plan Land Use designation of HDR which allows up to 25 dwelling units per acre. b) Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact: The proposed project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gasses. Mitigation Measures/Monitoring Required: N/A Sources: 1. Submitted Plans 2. City of Tustin General Plan 3. City of Tustin Municipal Code 4. Tustin Grading Manual 5. CEQA Air Quality Handbook Issues: IX 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? 371 Page Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ ❑ ❑ Less Than Significant Impact No Impact ® ❑ ® ❑ ® ❑ DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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 or excessive noise for people residing or working in the project area? f) Impair implementation of or physically ❑ ❑ ❑ interfere with an adopted emergency response plan or emergency evacuation plan? g) Expose people or structure, either ❑ ❑ ❑ directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less Than Significant Impact. Project construction would require small amounts of potentially hazardous materials, including fuels, greases and other lubricants, and coatings such as paint. The handling, use, transport, and disposal of hazardous materials would be temporary and coincide with short term construction phase of the project. Although these materials would likely be stored on the project site, storage would be required comply with the guidelines of the product's manufacturer, as well as in accordance with applicable federal, state and local regulations pertaining to the storage of hazardous materials. A licensed contractor would be required to transport hazardous materials on or off the project site. The licensed contractor is required to follow procedures set forth by federal, state and local agency requirements relating to the transport of hazardous materials on and off site. The project would be subject to existing regulations of several agencies—the Environmental Protection Agency (EPA), Orange County Environmental Health Division, California Division of Occupational Safety and Health (Cal/OSHA), US Occupational Safety and Health Administration(OSHA), and US Department of Transportation (USDOT), Resource Conservation and Recovery Act. No mitigation is required. 381 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin b) Would the project 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? Less Than Significant Impact. The present use of the property is residential and is proposed to continue as such. No demolition is proposed and it is not anticipated that hazardous emissions would occur. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact. Land use activities typically associated with hazardous emissions or handling of hazardous or acutely hazardous materials, substances, or waste, including heavy construction, manufacturing, research and industrial uses. The proposed project does not include any such uses or activities. Construction of the proposed project will involve transport or use of small amounts of hazardous materials or emit hazardous emissions. As a residential land use, potentially hazardous materials associated with operation of the proposed project would include materials typically associated with cleaning and maintenance activities, including household hazardous waste, common wastes, and universal wastes. The EPA considers these materials to be common to businesses and households and to pose a lower risk to people and the environment than other hazardous wastes when individuals properly handle, transport, use and dispose of them (EPA 2020). Further, any potentially hazardous material handled on the project site would be limited in quantity and concentration, consistent with other similar residential uses in the City, and any handling, transport, use and disposal of such material would comply with applicable federal, state and local agencies and regulations. As such, even though the closest school to the project site (Tustin High School) and C. C. Lambert Elementary School — currently adult education facility) is located 0.60 miles east of the project site, the proposed project would not emit hazardous emissions or include handling of hazardous or acutely hazardous materials, substances, or wastes. Therefore, impacts associated with the emitting or handling of hazardous materials within 0.60 miles of a school would be less than significant. d) Would the project 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? No Impact. According to the Department of Toxic Substances Control, the project site is not listed as a hazardous material site. 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 or excessive noise for people residing or working in the project area? No Impact. The project site is not located within an airport land use plan. 0 Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? 391 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin No Impact. The project would not alter or interfere with an adopted emergency response plan or emergency evacuation plan. g) Would the project expose people or structure, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact. The project site is not located in or near wildlands. Mitigation Measures/Monitoring Required: N/A Sources: 1. Submitted Plans 2. Tustin General Plan 3. John Wayne Airport Environs Land Use Map 4. Department of Toxic Substances Control — Hazardous Materials Sites 5. http://www.envirostor.dtsc.ca.gov/public/ Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated X HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or El El ® El waste discharge requirements or otherwise substantially degrade surface or groundwater quality? b) Substantially decrease groundwater El El El supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage El El El pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site; 401 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ii) Substantially increase the rate or ❑ ❑ ❑ amount of surface runoff in a manner which would result in flooding on- or off-site; iii) 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; or iv) Impede or redirect flood flows? ❑ ❑ ❑ d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? e) Conflict with or obstruct implementation ❑ ❑ ❑ of a water quality control plan or sustainable groundwater management plan? a) Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality? Less than Significant Impact. The proposed site is located on a relatively flat site with an existing residential structure and use. Minimal grading would occur in conjunction with the proposed project and no substantial alteration of the site drainage pattern would occur. Residential uses as proposed by the project are existing in the area. Implementation of the provisions of the NPDES permit and compliance with City grading requirements would minimize construction impacts through best management practices (BMPs) that reduce construction -related pollutants. Typical BMPs include maintaining and creating drainages to convey and direct surface runoff from bare areas and installing physical barriers such as berms, silt fencing, wattles, straw bales, and gabions. BMPs also include good housekeeping practices such as storing hazardous materials, property managing waste/trash and regularly inspecting equipment. This would ensure that any impacts to downstream waters resulting from construction activities would be less than significant. In addition, the project would be required to comply with Tustin City Code Section 8904 — Grading Manual which sets forth the rules, procedures, definitions and interpretations to administer the chapter. The Grading Manual includes provisions to assure the water quality requirements and drainage relevant to 411 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) 42 1 City of Tustin activities identified in the code that apply to this project. Therefore, short term construction impacts associated with water quality would be less than significant. No mitigation is required. b) Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? No Impact. The project is located on an existing residential site serviced by Tustin Water Operations. The scale of the project does not have the potential to impact water supplies, nor deplete groundwater supplies or interfere with groundwater recharge or lower the local ground water table level. The project would not redirect flood waters and the site is not within an area that would expose people to seiche, tsunami or mudflow. Future uses on the site that could contribute pollutants to stormwater runoff include parking areas, uncovered storage, landscape/open space areas, and general litter/debris. The applicant would be required to implement a Water Quality Management Plan (WQMP) throughout the operational life of the project. The purpose of the WQMP is to reduce the discharge of pollutants in stormwater and to eliminate increases in pre-existing runoff rates and volumes by outlining BMPs, which must be incorporated into the design plans of new development. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would. L Result in substantial erosion or siltation on- or off-site; ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; iii. 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, or iv. Impede or redirect flood flows? No Impact. (i -iv) Compliance with the City's Grading Ordinance and the Tustin 2019 Building Code would ensure that the project is designed with adequate drainage improvements, erosion control measures, and pollution control plans. The proposed residential use would not create significant impacts to stormwater runoff or discharge pollutants due to post -construction activities. A Water Quality Management Plan would be required prior to issuance of a building permit. d) Would the project in flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No Impact. The project is designated Zone X — Other Flood Areas in the most recent Flood Insurance Rate Map prepared by the Federal Emergency Management Agency (FEMA) and is not located in a 100 - year floor hazard area. (https://www.fmglobal.com/research-and-resources/nathaz-toolkit/flood-map). DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin This zone is defined as "areas of .2 percent flood chance, areas of one percent annual chance of flood with average depths of less than one foot or with drainage area less than one square mile, and areas protected by levees from a one percent annual change of flood." e) Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No Impact. The proposed project is a priority project and a preliminary water quality management plan (WQMP) has been prepared. At the time of building plan check, the project will be required to comply with the City's Water Efficient Landscape Ordinance and Erosion and Sediment Control Plan, and NPDES General Construction permit from the State Water Resources Board . . Mitigation Measures/Monitoring Required: N/A Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Grading Manual Flood Insurance Rate Map Tustin City Code Section 4900 et al — Water Quality Control Preliminary Water Quality Management Plan Issues: A. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Would the Project: a) Physically divide an established community? Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ Less Than Significant Impact No Impact No impact. The proposed project involves a single parcel of 18,557 square feet and is improved with a residential structure of 1,650 square feet and a 441 square -foot detached garage. The proposed project includes the addition of five (5) residential apartment units on the parcel in a neighborhood that includes 431 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin commercial, multi -family residential and single-family residential uses. The project site is adjacent to multi -family residential uses to the west and south, and commercial uses to the east of the project site. The project would not create any land use barriers or otherwise divide or disrupt the existing physical arrangement of the surrounding community. No impact would occur. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No impact. General Plan Amendment 2019-00001 proposes to change the property's General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR). The property's prior Land Use Designation of Multiple Family Residential (MF) was changed to Community Commercial (CC) during a comprehensive City initiated General Plan Update approved in 1994. Multiple family zoning and use of the property was never changed to reflect CC Land Use Designation or implement a commercial use. Without significant lot consolidation with other properties and redevelopment along Newport Avenue, commercial development of the property is highly unlikely due to the small lot size (18,577 square feet), lot orientation (narrow street frontage), and location (surrounding residential uses). The proposed General Plan Amendment would return the property to its prior General Plan Land Use Designation which would be consistent with the existing use of the properties and offer a more practicable land use of the property given the existing context. Mitigation Measures/Monitoring Required: N/A Sources: Field verification Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Map Issues: Al 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? 441 Page Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ Less Than Significant Impact No Impact DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin a) Would the project 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) Would the project 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? a -b) No impact. The project site is located within a completely urbanized area with no capability or permission for mineral extraction activities. Any opportunity for extraction of underlying mineral resources has been lost due to urbanization. The City of Tustin General Plan does not identify any locally important mineral resources within the City. No impact to state, regional, or local mineral resources could occur and future analysis of impacts to these resources will not be required for this project. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Plan 2. City of Tustin City Code 3. Submitted Plans Issues: XIII NOISE. Would the project result in: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated a) Generation of a substantial temporary or ❑ ® ❑ ❑ permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration or groundborne noise levels? c) For a project located within the vicinity of a private airstrip or 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? 451 Page ❑ ❑ ® ❑ ❑ ❑ ® ❑ DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin a) Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less than Significant With Mitigation Incorporated. The City of Tustin Noise Element of the General Plan establishes noise requirements for indoor and outdoor residential uses. Both standards are based on the CNEL Index and are 65 dB CNEL for exterior noise and 45 CNEL for interior noise. Chapter 6 of the Tustin City Code identifies Noise Zone 1 for all residential properties with exterior Noise Level capped at 55 db(A) from 7:00 a.m. to 10:00 p.m. and 50 db(A) 10:00 p.m. to 7:00 a.m. The proposed project would create noise during project construction, which would be short term in nature and conditions on construction permits require compliance with the Tustin City Code. The City of Tustin limits construction activities to between the hours of 7:00 a.m. and 6:00 p.m. Mondays through Friday, and the hours of 9:00 a.m. and 6:00 p.m. on Saturday and never on Sundays or city -observed federal holidays. Construction activities that occur during allowable hours are exempt from noise standards. In some cases, a temporary exception may be granted and conditions may be imposed on construction activities to protect the health, safety and welfare of the community. Any approval granted may be summarily revoked by the Building Official or Director of Public Works at the sole discretion of each official. Additionally, pile drivers, hammers, operation of shovel, pneumatic hammer, grading a dexcaving machinery, paving equipment or other appliance which is attended by loud or unusual noise is prohibited between all hours on Sundays and city observed holidays. Noises associated with ongoing operations of the project would include typical noise sources associated with residential land use. The principal source of offsite noise in the project area would be traffic on local roadways. No significant impact is expected from noise because the proposed multifamily land use is not expected to general higher levels of noise than the surrounding traffic, commercial and residential land uses. Onsite noise measurements were taken on October 14, 2020, in order to document existing baseline levels in the area, with traffic noise exposure a concern for the proposed residential units (Appendix B). Air conditioning units during warmer weather and occasional aircraft overflights contribute to the typical suburban ambient noise levels in the project area. San Juan Street, Newport Avenue and Interstate 5 are the most significant sources of transportation noise contributing to the ambient noise levels. The projected indoor noise exposure is expected to exceed 45 dB CNEL in the rooms on level three (3) for the four three (3) story residences with windows open. In order to meet the indoor noise criterion of not exceeding 45 dB CNEL, windows and doors must remain closed and building ventilation must be provided for the rooms on level 3 per the applicable California Building Code. N-1: Prior to issuance of a building permit for three-story residences, the Project Applicant/Developer shall submit a final acoustical report to the City of Tustin Director of Community Development, or designee, that demonstrates that the interior noise levels in all habitable rooms shall not exceed 45 A - weighted decibels (d BA) Community Noise Equivalent Level (CNEL), as defined by Title 24, Part 2 of the California Building Code. Project Applicant/Developer shall provide, at a minimum, mechanical ventilation for all new residential units per the applicable Building Code. b) Would the project result in generation of excessive groundborne vibration or groundborne noise levels? 461 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Less than Significant Impact. The proposed residential condominium project is not anticipated to expose persons to or generate noise levels in excess of local standards of the General Plan or noise ordinance or expose persons to excessive groundborne vibration. Construction activities may result in short term impacts to the noise environment; however, the project's construction activities do not include activities known to induce strong vibration effects, such as those produced by tunneling or blasting. c) For a project located within the vicinity of a private airstrip or 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? Less than Significant Impact. John Wayne Airport is located 6.8 miles southeast of the project site. The project site is not within the John Wayne Airport Land Use Plan. Airplane overflight does occur in the project area; however, noise associated with the overflights do not result in measurements that exceed the City's noise standards. There are no other private airfields or airstrips in the vicinity of the project site and no private airstrip is proposed as part of the project. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Plan 2. City of Tustin City Code 3. John Wayne Airport Environs Land Use Plan 3. Kiba Residential Complex Transportation Noise Study dated October 14, 2020 Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XIV 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 road or other infrastructure)? b) Displace substantial numbers of existing ❑ ❑ ® ❑ housing, necessitating the construction of replacement housing elsewhere? a) Would the project Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? 471 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Less than Significant Impact. The proposed project includes the construction of five (5) new residential units and one (1) existing residential structure, for a total of six (6) residential units on the project site for a net gain of five (5) dwelling units. The creation of five (5) additional dwelling units at the subject property would not induce substantial population growth in an urban area that is already built out. According to the City of Tustin General Plan, the proposed project would generate 2.15 persons per dwelling. Therefore, the project would increase population by an estimated thirteen (13) new residents. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Less than Significant Impact. The project site is an existing residential property with one residential unit located on it. The proposed project will not result in displacement of existing housing nor necessitate construction of replacement housing. Mitigation Measures/Monitoring Required: N/A ❑ Sources: 1. Field Verification. ❑ 2. Submitted Plans ❑ 3. Tustin General Plan ❑ 4. Tustin City Code ❑ Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated XV PUBLIC SERVICES. Would the project: a) 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? iii. Schools? 481 Page ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Issues: iv. Parks? V. Other public facilities? City of Tustin Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated ❑ ❑ ® ❑ ❑ ❑ ® ❑ 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? Less than Significant Impact: Fire services for Tustin are provided by Orange County Fire Authority (OCFA). The OCFA is a regional fire service agency that provides structure fire protection, emergency medical and rescue services, hazardous materials inspection and response, and public education activities. Response times in the City vary based on the level of emergency; however, the response time goal is for the first unit to arrive on scene in 7 minutes and 20 seconds from receipt of the call, 80 percent of the time. Three fire stations are strategically located throughout the City of Tustin, providing primary response for fire suppression and emergency medical services to the community. Station 21 is closest to the project site. Fire Station 21 is located at 1241 Irvine Boulevard, approximately 1.0 mile away from the project site. Fire Station 37 is located at 15011 Kensington Park Drive, approximately 1.6 miles from the project site. Fire Station 43 is located at 11490 Pioneer Way, Tustin, approximately 3.8 miles from the project site. Project compliance with requirements set forth in the City's Building Regulations (Article 8 of the TCC), which references the City -adopted California Fire Code, 2019 Edition, would provide protection for people and structures as well as emergency medical services on site. PPP -8 Prior to issuance of a grading permit the applicant or responsible party shall submit a fire master plan (service code PR145) to the Orange County Fire Authority for review. Approval shall be obtained prior to the issuance of grading or building permits. No new fire department facilities would be required to be constructed to accommodate the proposed multifamily residential development. The proposed project would be designed to comply with all Fire Department access requirements and California Fire Code requirements, would not impair emergency response vehicles or increase response times, and would not substantially increase calls for service, thereby triggering the need for new or altered facilities. ii. Police Protection? 491 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Less than Significant Impact —The project site is served by the City of Tustin Police Department located within .30 miles northeast of the project site at 300 Centennial Way, Tustin, CA 92780. A multifamily residential project consisting of six (6) residential units would not result in a significant increase in demand for police protection services. The proposed project would not result in a requirement for the construction of new or physically altered police facilities. iii. Schools? Less than Significant Impact. The project site is located within the boundaries of the Tustin Unified School District (TUSD). The elementary, middle, and high school campuses closest to the site are Benjamin Beswick Elementary School (approximately 1.0 miles), C. E. Utt Middle School (1.3 miles) and Tustin High School (approximately 0.7 miles). iv. Parks? Less than Significant Impact. The City of Tustin has a population of approximately 83,000 served by 177.7 acres of public and private park land. The project site is located within 0.6 miles from Pine Tree Park. The project is small in nature and no new park facilities would be required as a result of the implementation of this project. V. Other public facilities? Less than Significant Impact. The Orange County Public Library (OCPL) has a network of 33 libraries throughout the County, and one of the OCPL branches is located in the City of Tustin. The Tustin Branch Library is located at 345 E. Main Street, Tustin, CA 92780, approximately 0.25 miles northeast of the project site. According to the Growth Management Element of the Orange County General Plan, the County's standards for library service are one 10,000 sf branch library facility per 50,000 residents, or if appropriate, one 15,000 square -foot regional library per 75,000 residents. Tustin Library, opened in 2009, is a 32,000 square -foot library with a book capacity of 209,000 volumes. As of the census in 2010, Tustin had a population of 75,540. Therefore, the OCPL is currently meeting the County's standard for library size for the City. Demands for library service are generated by the population in a library's service area. The project would increase area residents by approximately 13 persons requiring 4.96 square feet (or 0.2 square foot per person) of library space. The project would not create a need for additional library service. Furthermore, authorized by Government Code Section 6601, the Orange County Board of Supervisors adopted resolution No. 13-062 with respect to the Development Fee program for Branch Libraries, stating that those facilities have been constructed and the fee program is no longer needed. Therefore, impacts to public libraries would be less than significant and no mitigation is required. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code 3. Growth Management Element of the Orange County General Plan. 501 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Issues: XVI RECREATION. Would the project: a) 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 have an adverse physical effect on the environment? Potentially Significant Impact 01 Less Than Significant With Mitigation Incorporated IN FE - City of Tustin Less Than Significant Impact -1 n No Impact u /1 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? Less Than Significant Impact. The proposed project is small in nature and involves the construction of two (2) duplexes and one (1) detached single family residence and an existing residential structure. The proposed project would not result in the substantial physical deterioration or significantly increase the use of existing neighborhood and regional parks due to the low number of residential units and anticipated number of residents (2.15 residents per dwelling unit or approximately 13 residents). b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? No impact. The project would include common areas located on the project site. These include a courtyard with bar-b-ques, seating, a children's play area, dog run, and basketball court and open landscaped areas. These amenities would not have an adverse physical effect on the environment. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code 511 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact I m pact With I m pact Mitigation Incorporated XVII TRANSPORTATION. Would the project: a) Conflict with a program, plan, ❑ ❑ ❑ ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with CEQA ❑ ❑ ® ❑ Guidelines section 15064.3, subdivision (b)? c) Substantially increase hazards due to ❑ ❑ ❑ a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency ❑ ❑ ❑ access? a) Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No impact. The project would not conflict with any program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities. Transit service in the project area is served by Orange County Transit Authority (OCTA). Pedestrian facilities in the project area include sidewalks and crosswalks. There is a Class 1 bicycle route on Newport Avenue, between EI Camino Real and Irvine Boulevard, approximately 0.1 mile from the project site. b) Would the project Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Less than Significant Impact. Pursuant to CEQA Guidelines Section 15064.3, generally, projects within one-half mile of either an existing major transit stop or a stop along an existing high-quality transit corridor should be presumed to be less than significant transportation impact. The project site is located within 521 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin 300 lineal feet from a bus stop on Newport Avenue, between 1-5 and Walnut Street, which is classified as an augmented primary arterial highway. c) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The proposed project is located on an existing rectangular lot of less than 0.50 acres and is within an urbanized area. The project would meet all development standards such as setbacks, open space, drive aisles, etc. d) Would the project result in inadequate emergency access? No Impact. The Orange County Fire Authority and Tustin Police have reviewed the project plans and have not identified any concerns on the property regarding emergency access. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code 3. CEQA Guidelines Issues: XVIII TRIBAL CULTURAL RESOURCES Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or is eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). 531 Page Potentially Significant Impact Less Than Significant With Mitigation Incorporated -1 Less Than Significant Impact ❑■ No Impact ❑■ DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Issues: b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. City of Tustin Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ® ❑ No Impact ❑■ Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a) Listed or is eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). Less than Significant Impact: As discussed in Section V (Cultural Resources), the project site contains a historical resource identified in the City of Tustin Historic Resources Surveys (1990 and 2003). The existing resource has an NRHP status code of 5S3 (Not eligible for separate listing or designation under an existing local ordinance but is eligible for special consideration in local planning). The historical resource is significant for its Colonial Revival style with Craftsman influence and its association with early Tustin residents. The house was built in 1907 by Edward E. Smith, a local walnut grower. Historical photographs indicate that the house was surrounded by groves until at least 1930. Based on prior agricultural uses and development on the site, it is unlikely that the project would result in a substantial adverse change in a tribal cultural resource defined pursuant to California Public Resources Code Section 21074. b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code section 5024. 1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less than Significant With Mitigation Incorporated: There are no known Tribal Cultural Resources within the boundaries of the project site. The project Site has been subject to agricultural land uses, previous development and demolition activities (removal of unpermitted structures) and it is unlikely to be significant pursuant to Public Resources Code Section 5024.1(c). In considering the significance of 541 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin the resource to a California Native American tribe, the City contacted the NAHC for a listing of tribes with traditional lands or cultural places located within the boundaries of the project site and to search the Sacred Lands File (SLF). The SLF search result was negative. The City contacted the tribes per the NAHC listing, and only one tribal representative responded — Andrew Salas of Gabrieleno Band of Mission Indians — Kizh Nation. The Gabrieleno Band of Mission Indians — Kizh Nation considers the project site to be within its ancestral tribal territory, descending from a higher degree of kinship than traditional or cultural affiliation. They also indicated that the project site is in a sensitive area and may cause a substantial adverse change in the significance of the Tribal Cultural Resources. For this reason, they recommended a tribal monitor(s) to be present during ground disturbing activities. Upon discovery, if the finds are determined to be Native American, the coroner will notify the NAHC as mandated by state law who will then appoint a Most Likely Descendent. The Gabrieleno Band of Mission Indians — Kizh Nation indicated that to the tribe, the term "human remains" encompasses more than human bones, but also the burial of funerary objects with the deceased, and the ceremonial burning of human remains. These remains are to be treated in the same manner as human bones that remain intact. Associated funerary objects are objects that are reasonably believed to have been placed with individual human remains either at the time of death or later as part of the death rite or ceremony of a culture. Other items made exclusively for burial purposes or to contain human remains can also be considered associated funerary objects. Because there is a possibility that grading and excavation activities during implementation of the proposed project could impact previously undisturbed Tribal Cultural Resources, MM -TCR -1 shall be required to reduce this potential impact to less than a significant level. Mitigation Measures/Monitoring Required: MM -TCR -1 Prior to the issuance of a grading permit and commencement of any ground disturbing activity at the project site the project applicant shall retain a Native American Monitor approved by the Gabrieleno Band of Mission Indians-Kizh Nation — the tribe that consulted on this project pursuant to Assembly Bill A52 - SB18 (the "Tribe" or the "Consulting Tribe"). copy of the executed contract shall be submitted to the City of Tustin Community Development Department prior to the issuance of any permit necessary to commence a ground -disturbing activity. The Tribal monitor shall only be present on-site during the construction phases that involve ground -disturbing activities. Ground disturbing activities are defined by the Tribe as activities that may include, but are not limited to, pavement removal, potholing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the project site. The Tribal Monitor shall complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all ground -disturbing activities on the Project Site are completed, or when the Tribal Representatives and Tribal Monitor have indicated that all upcoming ground -disturbing activities at the Project Site have little to no potential for impacting Tribal Cultural Resources. Upon discovery of any Tribal Cultural Resources, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 25 feet) until the find can be assessed. All Tribal Cultural Resources unearthed by project activities shall be evaluated by the Tribal monitor approved by the Consulting Tribe. If the resources are Native American in origin, the Consulting Tribe will retain it/them in the form and/or manner the Tribe deems appropriate, for educational, cultural and/or historic purposes. 551 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin If human remains and/or grave goods are discovered or recognized at the Project Site, all ground disturbance shall immediately cease, and the county coroner shall be notified per Public Resources Code Section 5097.98, and Health & Safety Code Section 7050.5. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Work may continue on other parts of the Project Site while evaluation and, if necessary, mitigation takes place (CEQA Guidelines Section 15064.5[f]). If a non -Native American resource is determined by the county certified archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and PRC Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code Issues: Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated XIX UTILITIES AND SERVICE SYSTEMS. Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? 561 Page u ❑■ IN FS La /1 No Impact /1 n DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated c) Result in a determination by the El El ® El 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? d) Generate solid waste in excess of State El El ® El or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local El El ® El management and reduction statues and regulations related to solid waste? a) Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? No Impact. The project site is located within an urbanized area where utilities such as water, electric power, natural gas, telecommunications facilities are already provided. No construction or relocation of utilities would be required. b) Would the project 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? Less than Significant Impact. The project site is within the service area of the City of Tustin Public Works Department, Water Services Division. The Water Services Division prepared a 2015 Urban Water Management Plan (UWMP) which provides information on present and future water resources and demands and assesses water resource needs for the utility. The UWMP determined that the City is capable of meeting the water demands of its customers in normal, dry, and multiple dry years through 2040. Based on the City's water use per day in 2015 of 122 gallons per capita, the estimated 13 residents would generate an additional water demand of 1,586 gallons per day compared to existing conditions. The City would have sufficient water supply to serve the project into the foreseeable future. c) Would the project 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? 571 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Less than Significant Impact. Construction of new waste water treatment and/or storm drain facilities to service the project are not required. The project will connect to the existing sewer system. Compliance with utility or service provider and City requirements identified during project review will ensure no impacts will occur. d) Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less than Significant Impact: CR&R Waste Services provides solid waste collection and disposal services to the City of Tustin. The project would be required to comply with local, state and federal requirements for integrated waste management (i.e., recycling) and solid waste disposal. The project is anticipated to have no impact on landfill capacity. e) Would the project comply with federal, state, and local management and reduction statues and regulations related to solid waste? Less than Significant Impact. Tustin City Code (TCC) Section 4351 et seq. require diversion of construction and demolition debris in conformance with California Green Building Standards Code. A minimum of 65% of construction and demolition debris must be diverted from landfills. All applicants are required to complete and submit a WRRP to the Public Works Department as part of the application packet for a construction permit. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Plan 2. City of Tustin Zoning Code 3. OC Watersheds http://www.ocwatersheds.com/documents/damp 4. Water Code Section 10910, et. Seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221) 5. 2015 UWMP 581 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Issues: XX WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones. Would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant risk, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? Potentially Significant Impact Less Than Significant With Mitigation Incorporated ❑ ❑ ❑ ❑ ❑■ ❑■ FS FE City of Tustin Less Than No Significant Impact Impact El Z ❑■ ❑■ O MOR a) Would the project substantially impair an adopted emergency response plan or emergency evacuation plan? No impact. The project site is located in an urbanized area is not located in or near lands classified as very high fire hazard severity zones. b) Would the project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? 591 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin No impact. The project site is not located in or near lands classified as very high fire hazard severity zones. c) Would the project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines, or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No impact. The project site is not located in or near lands classified as very high fire hazard severity zones. d) Would the project expose people or structures to significant risk, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? No impact. The project site is flat and located within an urbanized area. It is not located in or near lands classified as very high fire hazard severity zones. Mitigation Measures/Monitoring Required: N/A Sources: 1. City of Tustin General Plan (November 1, 2018) 2. City of Tustin Zoning Code 3. Submitted Plans. 3. CALFIRE Very High Fire Hazard Severity Zone Map; Orange County, October 2011. https://www.ocpublicworks.com/civicax/filebank/blobdIoad.aspx?BlobID=8755 Issues: XVIII MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to substantially 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, substantially 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? 60 1 Potentially Less Than Less Than Significant Significant Significant Impact With Impact Mitigation Incorporated ❑ ❑ ❑ No Impact /1 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin Issues: Potentially Less Than Less Than No Significant Significant Significant Impact Impact With Impact Mitigation Incorporated 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 project, and the effects of probable future projects.) c) Does the project have environmental ❑ ❑ ❑ effects which will cause substantial adverse effects on human beings, either directly or indirectly? Items a -c `No Impact" This project is a small infill project located in an urbanized area in the City of Tustin. The project is currently occupied by a single family residence. The project site is not populated or used by any species identified as a candidate, sensitive or special status, and does not contain habitat that would support sensitive species. The project site is not within or adjacent to the NCCP/HCP Habitat Reserve. Therefore, there would be no impact to fish or wildlife population, reduce the number of rare or endangered plant or animal or eliminate examples of the major periods of California history or prehistory. The project involves the development of five (5) residential units consisting of three (3) new buildings and one (1) existing detached single-family residential building. General Plan Amendment 2019-00001 would return the property to the General Plan Land Use Designation for high density residential purposes which the property was previously designated consistent with other residentially used properties along San Juan Street. The neighborhood is built -out within an urbanized area and has been developed for residential purposes. The project meets the applicable development standards of the Multiple Family Residential (R3 2000) zoning district. There are no cumulative impacts anticipated and the project is not expected to have any adverse effects on human beings. For all resources analyzed, with the incorporation of feasible mitigation measures (CUL -1, CUL -2, CUL -3, MM -TCR -1), proposed Project would not result in impacts to Cultural Resources or Tribal Cultural Resources. Therefore, the Project would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause 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. 611 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) Mitigation Measures/Monitoring Required: N/A Sources: 1. Submitted plans. 2. Tustin City Code 3. City of Tustin General Plan 621 Page City of Tustin DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) APPENDIX A CALEEMOD 631 Page City of Tustin mes)nEm¥ope ggoEE7 e 3BFE34A DF- aE1gm4E@ABF % � ■ \ / 9 3 3 � e ' ) § _ R _ / � \ 2 W 7 2 _ / 2 AD p $ / 0 f @ o C k \ I Q � 7 \ An k 2 \ ) g ! U CL ' � (L o ƒ \ @ ! @ 2 e 2 � ) ' ) § \ R \ / � CL7 2 W 2 / E ........ o / ) An � \ ) g ! U CL ' j (L o ƒ \ @ ! @ e ) R ' ) § � CL7 2 W 2 � R I § 0 ' ■ u 2 � 2 2 o ■ An � g ! U \ j 2 o @ j @ 0 o CL < ƒ§ ( 2 N / 3 T- q $ / I § 0 mes)nEm¥ope ggoEE7 e 3BFE34A DF- aE1gm4E@ABF % � ■ \ \ / 3 3 Ed z:® § § g § a g § § §:0 m a 0 :gR» :0§ G :2 :7 :o o - $ 2 :§ :a �§ )/ :\ :_ :\ § ;§ :& ;\ :/ ;) :r ;\ :2 :\ :) :\ :§ :§ :/ :\ :§ :§ 0 :§ :6 :G ;6 ;§ ;& :& :a :& :r : / \ 6 § \ : \\\ ) I :I \\\))))))/ :I :E :�)))))))� j} M :\ � :§ :\ :/ :z ! \ :J :J :J :J :J :J :J :J :J :J :J :J :j :£ p §\:j ) :cr d :d :d :d :d :d :d :d :d 7 :d 7 :d 7] :d :$ U LL c cs DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF O N O N CD O M N co 0 CO c c Q C O U 0) N � co cu O 0 co O U 0 co 0 !1 L L.L ^ C N N Q' cu Old N M O O m O N N N O W � W � 0 O co o U z z 0 L 0 c = > U U ago U 0 d 0 0 W 0 0 0 O co N U N N O O c U N O z o 0 U 0 04 Uo 0 R � O F N U 0 0 0 'm z N O O U O 6 0 Fn N r O aLO F o CO wa 0 ?U o r N O =a 0 a O R O y0 O aF 0 R� O Ma 0 w O O Ma 0 U - 04 O O co O O O U c O O z O (J O 0 o � o 2 " 7 W a a� o NO 0) O m O N N ON ON o 0 z z 0 0 0 c = c = oho ago U U 0 0 0 0 0 0 N N O O N LO U) o o (D m H H ----------- ---------- N N O O N 0 o o LO r m m (D m z z N N O O O d O O m 0 0 H LO 0 N O O N O O a LO N x 0 o 04 a w 0 0 000 0 .�--N �O G �O LLs d) O) O R O O O O F- a O 0 ro Mo m r� 0 0 xa 0 0 LU 0 O 0 Mp M 0 MG M a 0 �0 LL c N v d N O O VO a V) OM O M O I O c v U c v O 0 00 O N 1- N z z ? a .0....... O (� M M O O O O O E R No E O >- N XR a N O O c U N O z o 0 U 0 04 Uo 0 R � O F N U 0 0 0 'm z N O O U O 6 0 Fn N r O aLO F o CO wa 0 ?U o r N O =a 0 a O R O y0 O aF 0 R� O Ma 0 w O O Ma 0 U - 04 O O co O O O U c O O z O (J O 0 o � o 2 " 7 W a a� a) NO 0) O m O N N ON 0 0 z 0 0 c = oho ago U 0 0 0 0 N O N U) o (0 m H ---------- N O N 0 o LO r m (0 m z N O O O d O O m 0 0 H LO 0 N O O N O O a LO N x o LU 0 0 000 .�--N 0 �O G �O cm LLs 0)O) O N O O O O a O 0 ro Mo m r� 0 0 xa 0 0 LU C 0 O 0 Mp M a �0 �0 LL c N v d N O O VO a OM O M O I- CI) c v U c v O 0 00 O N N r 1- z z ? a .......... O (� M M O O O O O R No E O � N X R N O O c U N O z o 0 U 0 04 Uo 0 R � O F N U 0 0 0 'm z N O O U O 6 0 Fn N r O aLO F o CO wa 0 ?U o r N O =a 0 a O R O y0 O aF 0 R� O Ma 0 w O O Ma 0 U - 04 O O co O O O U c O O z O (J O 0 o � o 2 " 7 W a a� DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N 0 N O M N co 0 co C C Q C O U N 0) N � co co O 0 N U N Co O CO C CO Old `w M O (0ID r V r O co: O n L U C, N O a 0) LO 0 0 0 0 0 0 OO) 0 c 0O0OO 0 O OO 0(r) 0� OM ID I� X V N U O 1-0 00 :M0 :0 :0 0 Z :0 :0 + 00 N ON N 00 0) N N 0 N O M : 0) 0 : O : N O N p O O O O LO co 0 V c : M : 0 O 0 v N O U w 0 O 17 0 C 1 0 O r O) 0 V O N LO Z ; 0 ; 0 ; 0) >_ M N O U0 0 M 0 0 N 0 0 (0 (0 V M O O 0 m >_ O R H O) : O : O f� r O 0 7 0 0 ; (0 0 : 0 0 : O O O O O O N0 dN : 0 N 0 : O a d) D0a 0 :0: E 0 0 w in LO N �a w 00: 0 o 0o0i �o o : o 0 �X W In : N : M O X a) LO LO +� N cm O O O Z ..... ---- -------- 0 M : O 4 ------------------------ ------- 0 : 0 ----0 i 0 0 D R v 0 oo 00 :o :o : o 0 a 0 : O : O 0 O W � N O N 'O O O O O O) R LNM 00 C\1 O O LO O) 00 04 a 0 :0 E 0 0 LL a a a 7 N O 0 0 00 0 0 00 ' 0 0 ' 0 0 >_ O 0 00 U) O00 :0O :0O O >_ In O p O O N 0 N O N O O X a a O M OM r N ° G)0 '"r0 :o 00 01 O N 0 � : 0 00 N Q N N N t v o) C) o rn r_ N N M W L0 00 p) 0) O) R N N R N N N Q N N N 00 O O R N M M U) N 1n 00 `w N M 7 CY M O (0ID r V O co: O n L U C, N O 0O 0) LO 0 0 0 0 0 0 OO) 0 0O0OO 0 pOO Mz OO 0(r) 0� OM ID I� N : r—O O V N U 1-0 00 :M0 :0 :0 0 :0 :0 0 N ON N 0 0) N 0 N M : 0) 0 : O : V p 0 V O N LO co 0 V c : M : 0 O 0 : 01 CO N O U w 0 O 17 0 C 1 0 O r m 0 V O N LO Z ; 0 ; 0 ; 0) V M N O U0 0 M 0 0 N 0 0 (0 (0 V M O O 0 m O R H O 7 O 00 : O : O f� O 0 7 0 0 ; (0 0 : 0 0 : O O O O O O N0 dN : 0 N 0 : O O d) D0a 0 :0: E 0 0 i 0 0 in LO N �a w 00: o 0o0i �o o : o 0 �X W In : N : M O 1n a) LO LO +� N cm O O ..... ---- -------- 0 M : O 4 ------------------------ ------- 0 : 0 ----0 i 0 0 D R v 0 oo 00 :o :o : o 0 a : O : O 0 O N : N 0o 0 0 0f 0 0 O) Mm0mo0o o moooox O LNM 00 C\1 O O LO a) 0 00 04 a 0 :0 0 0 LL a a a w N O 0 0 00 0 0 00 ' 0 0 ' 0 0 O 0 00 U) O00 :0O :0O O 00 N V DMO : 0 M r In O p O O N 0 N O N O O X a a O M OM r N ° G)0 '"r0 :o 00 01 O N 0 � : 0 00 0 O 0°00 , 0 o a) 0 O O O M 00 R 01 0) 0) R N N O : p Q W : N > U DocuSign Envelope ID: 10EE7El2-BFEC-4ADF-853B-154084EDlABF CD (N CD CD m Old N 2 cl� (0 C) 0 C, Lo 0 "r C\I ........... ........... ........... ........... ........... 0 0 a) LO 0 C\I z co 00100:0 :0 :00 0 C\I C\1 r— 0 0 co 0 .0 .0 00 CL > 0 0 0 0 0 0 C\I 0 > CO C) 0 co C\I C� @o "r 0 041 F- N 2 0 a) C\I (C) 0 C, Lo "r C\I ........... ........... ........... ........... ........... 0 0 a) LO 0 C\I z 00100:0 :0 :00 00 C\I C\1 r— 0 0 co 0 LO 0 00 0 0 0 ........... . (D C\I 0 CO C) Ci C\I C� @o "r w LO F- ........... ........... C\1 LO 0 (C) M C) 0 OC) C\I 0 00 r— .2 m LO z ............ ............................................... 0C\I 0 0 0 (C) I- L') 0 0 0 baaa 0 F F- 0 0 0 0 00 :0 0 0 0 00 :0 0 0 0 C\I .... .............. 0 0 LO C\I w m =2 00 0 0 :0 0 0 0 00:00 :00:0 :0 00 00 x LU CI) C\I C) a) LO Lr) C� LL ............ ............ ............ ............ ........... 0 0 00c)"r0000qF-6 6 0 1- \:\ 6 0 0 0 0 0 0 0 0 00:00:00:0 :0 0 00 x LU 0 CI) C\I OC) C\1 "r a) 00 04 0 0 6 LL ........................................................... C\I 0 00 0 0 :0 0 00 U) 00 0 0 :0 0 (C! 00 ........... ....................... ....................... 0 C\I 0 (Y) LO :0 0 0 0 0 LO 0 C\! 6 x 0 a) c) 0 (Y) 0 (Y) 00 :0 0 rcl) 00 z cr) 0 It 0 0 0� C\I (Y) 04 C\I 0 0 (Y) :0 0 1— :0 0 0 0 (? : 0 OC) 0 0 : V: 0 M 0c)V: ........... < 0 LU DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF a) co 0 CO 0 0) co cu 4-- 0 (0 0) cu cu -0 M N 0 F- 0 0 C\I 0 0 04 0 0) a) F- z M O O 0 N 7 0 I Lr) Lr) z L15 ... T ................. ....... ................. U) U) U) U) U) U) z ........ ............................................ 0 0 0 0 LLJ 0 0 N N N M 0 0 U) U) U) 0) 0) ................................... ........ O N 0 0 0 N U) LOE U) ........ ........ ........ ........ . CL c 0 U) m IL 0 CL N 0) 7 0) 0 E i is 1u) CO EL z Em2 IL 0 CL 2 EL < --- ---- ----CO ---- IL Z EN Q O EN DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF N W 0 V ll7 I- I- N N V V (h V V (h (h (h (h (h O U m LL O J 00 :O) :0) I- O O :1 :1 :1 :1 I1 1 1- 1- 100 00 n 00 00 (2 00 VV : 0) : 0) : 0) 0) 0) N N N O d N 2 O NO O: O mo mo mo mo mo mo mo mo mo O : O :0 O : O I O : O : O : O : O : O : O : O : O : O : O I O O O N (D (D 00 ? 00 (fl 00 1 1 00 (fl (fl ? 1 00 7 O 2 a� m I'IT I— IN IN IN IN I- E Q Q C C C o o o U U U I N I N i N i U i N i :rn rn :g a) N N N Eo o o It It ?t ?t ?t E Q O- .S Q rn O O O a rn C rn C 'o N N m m m m m LL :� I E� , E E� I O I O I N I N N N N O I C U) €o €m €m Ul I -O €o €m €o I N I N I N I N N N N 0 I H I H O i N I ul I ul N N N N i N N N U I E I U I U U U U Q LL C7 a of of of a) E m C C C o o o U U U : i i i :rn rn :g N Eo o o o Q Q rn 'o a rn C rn C 'o �_ 'o rn C : a E :� E� E� , E E� E U) I C U) €o €m €m IL €o €m €o DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI u I�., 0 N O N O M N co 0 CO C C Q C O U 0) N � co cu O 0 00 N U cu O !1 L L.L ^ c N cu Ed N 00 00 N (6 �U 0 N N N L6 OO O Z = L o a: 0 w c 2 O"r 0000 O.* U > 00 T 0 of N m N O r� U o 0 m N N O N LO H .......... N O U p o N 0 N m LO LO a� U N O O O N tll O O m0 O O O N Y U x_ i x_ 00 M M N ,It0 O O N � O O a LO J I J I J I J I J J R Q O I O I O I O I O O t O O i O O O O O O) 0 d O C � N O M F- 000 00 a00 � J 00 ........ N N (6 N 0 M 0 M • I I I O LU Q O) O) O) O) O) O) j O rn LL a w N O O N O 0 V) � J 0 O 0 O � co > ............................................:........ O 10 10 10 10 i0 CL I- 0 0 V V V V V i V H � o 0 0 a: 0 rn w 0(M O M O Y N O J O O 0 000 ....:........:........:.......................... .O C6 clim 0 O- O O O O :O R o Eo Eo Eo Eo i0 O E 0' E = mZ Q O O O O O O O O O O O o E -6 7 N z o ........:........:........:............. o o o o " :9 Q o !0 Io Iv Ico Y E 7 z V N V N I- E L 7 LU o -a U m O 0 C O O C E 0 U [ N m z n :U 0 (6 U) o Q :U '0 IL d C C O) E CD E C7 CO 0 Q '4 00 00 N 0 N N N L6 OO O Z o a: 0 w c 2 O"r 0000 O.* U 00 00 T 0 of N O r� U o 0 m N N O N LO H .......... N O U p o N 0 N m LO LO z N O O O O O m0 O O O N d H 00 M M N ,It0 O O N � O O a LO N d N O O O O R 00 00 x LU LO .- N La 0 d O O M O M F- 000 00 a00 00 ........ N N N 0 M 0 M 00 X d O O O LU T N N N........... O j O LL a w N O O N O 0 V) 0 O 0 O � co O M M U o 0 0 0 x O (D m z o 0 0 a: 0 w 0(M O M O O O 0 000 C6 clim 0 R N F U O DocuSign Envelope ID: 1OEE7E12-BFEC-4ADF-853B-154O84ED1ABF PEI EN �u 0 N O N O M N co 0 Old (N M 0 N O W W_ co U N o O N > 0 O 0 W 0 CO U N M N 0 0 0000 C'4 0000 N 0 0 O 0 :O LO :V LO a O O O O O z O o : O O :0 : :0 O 0 O z c = o i0 ;o incLC) 00 U 0 0 'DO : O O O O O� 00 U o i0 00 T `> H..... of ...... N 0 N 0 O O O O O0 In 00 LO p O O O O O H O "'.......i..... o ......i........... i0 i0 LO H N O U 0 d N O O ;O ;O ;LO ; : LO v m U O O O O z o N 10 0 N m LO N 0 z O O O O O O O O 0 m O O O O O 0 O O m R O O H F- O O 0 0 :0 0 ;o :0 00 01 a N N O :0 In 00 Un a a LO w w N wLO N O OO O O Oo o 0 0 0 wa LO o :o :0 0 La w o i0 :00 00 LL O M o O io ; O 00 0 00 0E- O R Oo O ; O 7 0F- 0 oo U0 0 0 0°' o 0 io :0 :0 ;0V Lo LO �O 0 r� lL 0 :0 :0 N 0 xa LU O o O i0 O i0 w 0 >O w �a q '0 :00 00 LL w o ;o ;LLO N ° O NO N V) O O O� O� U) co 0000 :o 00 00 M O 0 O i0 :0o 00 O O U 6 O ;O ?�O �O x Oo 0 0 z x o o :0 0c0a O :00 0 O w 0 0 00 O N N oa (7 O0(,) O io 0c 0 :0O 0 000 : 0 0 0 p M O O O R O R ~ O O O ) _� R '4 0 0 C'4 00N 0 N N N LO O O O z o w 0 w c 2 O"r 00 O� 00 U 00 00 T ai of N 0 rr O O p N N O N LO H .......... N O U p o N 10 0 N m LO LO z N 0 0 O O 0 O O m O O H O O M M O V O O 't O N O1 O O O a LO w w N O O O R O Oo Oo x LU LO ' N La w w O O M O M 00 0 00 0E- Oo co N w N w �0 gM 0°' X d O O O lL T N N O a)0 La w w N ° O NO 0 V) 00 00 co co O M M U O O 6 0 x Oo (D m z 0 O w O w O M O0(,) O O 0 000 M M � a O R O R ~ U O DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 CO C C Q C O U N 0) co cu L O O 0 a 0) cu O !2 � CO C CO Old (N M O N cO G W W co U N O O N �N 1 N � > O -a ++ O 0 W 0 co U N M N 0 0 0000 N 0 0000 N 0 c) 0 O 0 :O LO :V LO a O O O O O O z U O o : O O :0 : :0 O 0 `> 00 � c = N 0 o 00 i0 ;o incLC) 0 0 O U p 0 O ; : 0 O O O ..................... o ir- o i0 I- O `> H----- N ------ O O N 0 Z O O O O O0 In 00 LO p O O O 0 0 O H ---.......i..... o ......i........... i0 i0 00 ; 0 0 0 "rO 00 r O N O U 0 O O O ; O; ; O LO ; : LO m d) :0 O 0 O O 0 O Z wa 0 �0 00 v,o N N 0 .-.N O O 0 0 0 O O O 0 m ai O O 0 O �oUoNo0E- R N O 0 0 0 O) 0 .* Xd 00 7 0 0 0 O LU O H O O 0O 0 :0 00 01 a N 00 LL 0 :0 In 00 Un N O O O O a wLO N 0 00 O a U o 0 0 0 w ?00 o :o :0 0 N X O a :OM O 00 w O M O : � M a 1100 M wa w o i0 i0" 00 N O w w 0 O 0 M 0E- � oo L 0 0 0 O w O O i0 0 00 ;L6 ui 0 O x O a 0 O O w �, 0 o O i0 0 i0 ? a 0 >o w �a 0 '0 :00 00 LL O O LLO N O O 0 0� :0 O� 0 00 :0 0 00 O 0 O i0 :00 O U O ;0 00 ?�0 �O 0 0 X o 0 0 0 :0coa 00 0 O O O O :0 N 0c 00 N oa (7 0 i0 io o 00 00 O O O O Y _� R M M O 00 O O N 0 O V c) O O O O z O O o :0 0 0" 00 O 0 c 2 o.* 00 U 0 0 0 v O `> 00 � N 0 w O N N p O O O H ..................... o ir- N O U I- O O ; N O ; : N m O O O Z N 0 O O O O O O 0 m O O .........+........ N N O N O a 0 0 O d O R O ~ N 00 ; 0 0 0 "rO 00 r O M a N0 d) :0 O 0 w 0 O 0 wa 0 �0 00 v,o N 00 .-.N 00 00 wa ri a a 00 •00 ai o w 00 �oUoNo0E- N O 0 0 0 O) 0 .* Xd 00 7 0 0 0 O LU O 0', 0 0 �a 0 0 00 LL N O N N O O O O U) O :O io0 O O w 0 U ?00 00 N N X O a :OM O 00 w O M O : � M a 1100 M 00 w 00 0(V 0 00 N O w M M O w O 0) N 0 m w R O ~ U ° :O Li DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 CO C C Q C O U N 0) co cu L O O r � 0) cu O !2 � CO C cu Old N M O N O _ N W 0 W N co U O c O O ++ Q -a 2 O d W � W cn co U M M 0 0 O 0 0 0) N m N N 0 c) O :O :O O O O O O O O z U O o o : O O :o i0 : :0 i0 O 0 c 0 = U N 0 o i0 i0 0 N p o io io 0 `> O O ; 0) O N O O) N m O O 7 0 O 7 N N N N N 0 p O O O 0 0 O H ---.......i.... O .......i........... 0 N 00 r O N O U N p O O 7 0 7 0 7 N 7 0 N O m 0 d) :0 O 0 O O 0 O Z 7ua 0 �0 000 v,o N N 0 .-.N O O 0 0 0 O O O 0 m ai O O 0 O 000 N0F- .........*...........*....... . R N O N 0 7 0 V Ci N 0,* Xd 00 7 0 0 0 O 0O O H O O 0 0 7 :0 N0 00 N 00 7L 0 :0 7 0 00 O NO O O 7 0 O O a wLO N 0 00 O w 0 U o 0 0 0 wa ?00 o :o :0 0 N X O a O M O 00 w O M O O 70 700 00 LLa w o o io i0 i 00 N O w w 0 m O :0 ,0� 0in aF- 0 '0 0� 00 0 o O io 00 ;CI) ri 0 O x O 0 O O a LU �, 0 o O io 0 io ? a 0 >o w �a 0 ?0 :00 00 LL O O O O OO 7 0 7 7 0 M NO O O O O O O U) O 0 O i0 :00 O 0000 O O U 0 i0 :00 00 X o 0 0 0 :0�c� 00 0 O O O :o :0 ;0 oL 00 0 c� (7 0 io i0 0 00 00 O O 0 0 ) _� R O 00 O O N 0 O V c) O O O O z O O o :0 0 0"r 0 00 O 0 c 2 0 00 U 0 0 v O `> 00 � N 0 w O N N p O O O H ..................... o ir- N O U I- O O 7 N O 7 : N m O O O Z N 0 O O O O O O 0 m O O N N O N O a 0 0 O d O R - ~ N N 00 7 0 0 0 V O 00 r O M a LO N0 0 d) :0 O 0 w 0 O 0 7ua 0 �0 000 v,o N .-.N 00 00 00 wa ri a a 0O ai Oa Ow aP, 000 N0F- N O N 0 7 0 V Ci N 0,* Xd 00 7 0 0 0 O LU O 0', 0 0 a �a 0 0 00 7L N OO O N NO O O O U) O :O io0 O O w 0 U ?00 00 N N X O a O M O 00 w O M O : � ri a 1100 ai w O 00 00 0 00 N O w M M 0 0) N 0 N w R O ~ U :0 7L DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 Old N M O N O _ N W O W N co U O c O O ++ > CL -a 2 O d W � W cn co U M M 0 O O i0 O i0) N m N N 0 O O i 0 i 0 O O O O O O O z U O o o i 0 :o i0 i 0 :0 i0 O 0 c 0 = U N 0 o i0 i0 0 O O H o io i0 0 0 `> O O ; 0) m N O a) Z O O 7 0 O 7 N N N N O O O O O O 0 m p O d O a O i 0 i 0 O H 00 "'.......i.... O .......i........... i 0 i N 00 N O U N p O O 7 0 7 0 7 N 7 0 N O m O O i 0 i 0 O Z O N O 0 00 O N O La O O O O O O O O 0 m v O i 0 O O 00 io0 00 .........*...........*....... . R � c o O i0v 0 �� w 0a xx d ioo O �0 0O `>. 0 H v O O i 0 0 7 :0 N0 o0 N 00 W i 0 :0 7 0 00 O N O w 0 O 7 0 ;0 0 ioo 000 a 00 U i U o U o wLO N O i0i0 0 X O o i0 i 0 0 wa N o io io 0 00 00 00 O 70 700 00 LLa 00 o oo io i0� oa O O 0 0w Lc) F- 00 �0 :00 U ° i0 o i0 0 i0 ;(,i i0 ri �o 0 x o i0 io 0 a W �, 0 o O io i0 io i 0 >o w �a 0 i0 ioo 00 LL O O O i o i0 7 0 i ri i0 7 0 ri NO 0 O O 0 0 O U) i i O 0 i 0 i0 ioo i 0 O O U O io 0000 :00 00 x o i0 io0 :0n 00 c� 0 O O O i 0 :o ' ;0 i0L 00 0 c� (7 0 io i0 0 00 00 O i0 0 0i a) _� 7 O R O N O N iD c L M 0 0 00 :LO 0 N 0 O O O O O z O O o :0 0 i o"r 0 i00 O 0 c 2 0 00 U ;0) 0 m0 `> N 0 O O O V O O H O ..................... o i0 N O U 0 p O 7 V O 7 O O m O Z N O O O O O O O 0 m O O N N O 0 O 0 O d O a R - ~ N0 O 0 O 00 V M 00 a LO N0 0 d) :0 O 0 w 0 O X d O 0 W 01 O : M O ri O N O 0 00 O 0 0 00 O La c a a O 0 • O 0 v O 0 w O M 00 io0 00 aF- � c o O i0v 0 �� w 0a xx d ioo O �0 W `>. 0 c 0', v O 0 a �a 0 0 00 W is O NO 0 r; N O w 0 ;0 0 ioo 000 O 00 U i U o U o X O is O M 00 w O M 00 N is N 00 w 00 00 00 ioo OC) 00 0 0 0 W w R - ~ U ° i0 7L DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 CO C C Q C O U N 0) co cu L O O co 0) cu O !2 � CO C N N Q' co Old N M O N cO G W W co U c � O N L N N CD O i W L W co U � M 0 0 0 N 0 N 0 O O i 0i 0 O O O O O O O OO z U i o o 0 :0 i0 i0 i 0 :0 = 0 c 0 i0 U N 0 o i0 0 O H o io io 0 0 `> 00 O ;c O ;0 i� m N 0 r z O O 01 N O p O i 0 i 0O p O w O a O i 0 i 0 O H 00 "'.......i.... O .......i........... ; Or V M 00 N O d O O ;0 ;0 i0) ;0 m 0 op O O o i0 i0 0 z O N 0 0 00 O N O00 La O 0 0 O O O 0 m v O i 0 0 O 00 io0 00 .........*...........*....... . R � c 0 w 0i0v o �0 w 0a xx d ioo 0 �0 OO 0 H v O O i 0 0 :0 N0 00 N 00 LL i 0 :0 O 00 O N O w 0 O O 0 0 iw ioo M a w 00 U i U o U o wLO N 0 i0 i0 O a X O o i0 w O M 00 io 0 w N r o io i0 0 0 00 00 O ; 0 ; 00 00 LL ao o 0 i i w ri w 0 m w O :0i0c zn 0 0a a� R o i0 i00 0000 U i0 0 0 o 0 i0 i0 LL 30 0 r� o i0 i0 0 xa W 0 o 0 0 i0 i0 . 0; i0 0 0 j0 0.* �a 0 0 0 ioo 00 o io LL O O i0 ; O i0 ; O NO O O O 0 0 O U) i i O 0 i 0 i0 ioo i 0 O O U O i0 00 i00 00 0 i 0 i N N x O i 0 O 0 :0�O� 00 0 O ' O i 0 O 0 ' O N ionc� 00 O N (7 0 i0 io o 00 00 O i0 0 0 Y R 0 0 00 :LO 0 N 0 0 It O O O O O z O O o :0 0 io"r 0 i00 O 0 c 2 o� 00 U 0 ; 0) 0 m O `> O N 0 O O O V O H 0 ..................... o i0 N O U 0 d O ;c O ;0 v 0 m 0 z N O O O O O O O 0 m O O w w O 0 O 0 O w O a R - ~ N0 0 0 O 00 V M 00 a LO N0 0 :w :0 O 0 w 0 O X a O O O LU � 0 : M O ai O N 0 0 00 O O 0 00 O La c w w 0 0 • 0 0 v O 0 w O M 00 io0 00 aF- � c 0 w 0i0v o �0 w 0a xx d ioo 0 �0 LU 0 c ...... .. 0', v O 0 a �a 0 0 00 LL w O NO 0 N O w 0 0 0 iw ioo 00 0 O w 00 U i U o U o r r X O :w O M 00 w O M 00 N r w 0 N r 00 w 0 00 00 i00 0o ao 0 w zn 0 0 0 w R ~ F- U i0 0 LL DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN O N O N O M N co 0 CO C C Q C O U N 0) co cu L O O 0) cu O CO C N N cu Old N M O N O W W co U C r O N L N a� CD c0 C G W L co U � M 0 0 N 0 LOO O OO V O U O :0 :0 0 ON z o o o o :0 i0 i0 0 :0 = 0 0 c 0 i0 U o 0 i0 o 0 o i0 i0 0 m `> 00 0 0 N 0 r 0 O O 01 N p O O O O O p V O 0 0 O F- ................ O; O F- H N O d N 0 0 ;0 ;o i0) ;0 m 0 op U o i0 i0 0 z O o m LO N O z O O 0 ; 0 0 O 0 m O O 0 O O 0 O O m R O O H O O O H O O OO 0O0 :0N 0 0 N 0 0 0 O 00 O O O ro M a O O a wLO N 0 0 0 O O r 0 O 0 O wa o :0 :0 0 v 0 N O ; 0 ; 00 00 wa 0 o o i0 i0 ri i ai 0 w 0 m N O :0 ,c 0 0a 00 a � o i0 i00 O O a 0 o 0 i0 i0 LU �0 0 r O 0 0 O xa LU 0 o 0 O i0 0 0 i0 ? a :0� 0 j0 w O.* �a LL 0 0 :00 00 w N O o ;o 0.* O O (n LL �O O O i0 ; O i0 ; O ui C\I NQ O O 04 O O O O O U) M M O 0 O 0 O i0 I00 O 00 O O m U O ;0 !00 00 0 00 0 o ;0 N N x Oz o 0 0Lr)cLc) :0 :00 '0 00 M o O o N O N O c 0 O : 0 i0 ' 0 NO� a o o 0 00 0 i0 ~ U O 0 0 Y 0 0 `0 R 0 co w LO LOO V U LO 0 ON o 0 z o 0 c = cNo m U 0 0 0 0 N O O O V O O N LOLO F- H .......... N Q O O U � � d O o m LO 0 z N O O O 0 O O m O O H O O O O N O O a w LO ro w N O O a o 0 LU 0 0 N w ' N wa c v 0 N N N �0 0 0 a O 0 N N x O O a 0 LU �, O 0 0 LL a w N O O 00 O 0.* O O (n �O Or O ui C\I ui 04 O (D w Q M M O 0 x O 0) m Z M M 0 00 0 00 0 M M O O 0 0 � a R ~ U O DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN O N O N O M N co 0 CO C C Q C O U N 0) co cu L O O LO � U 0) cu O CO C CO Old N M N N 0 N O , � O W O W +, co V U 3 L C N O L O o U > CD 0 C 0 W •� W m CO U LO M � N 0 0 L v 0 O 0 00 O O ai ON z o o 0 o :0 :0 a a 0 0 w V 2 0 OV 0,n :00 :00 Ov 00 Q o 0 O o O o o `> H...... 00 � V N O O p (No O O CO O ,N 00 O p 0 O M H O "'.......i...........i........... O : (O7 V N 0 O 0 N O , 0 , CO O , N ,00 O m O O M Z V � � N 0 O O O 0 0 O ; 0 O 0 m H LO 0 O .......... N R O O H O O O 0 O : : V V a 00 N 0 0 0 0 0 O O Z r a w ,n N 0 :: 0 0 : O 0 :0 0 0 O X a O O : 0 0 0 0 0 0 W O : 0 0 : 0 : O c Lr) N > O 0 i00 :00 0 Oro LL o iai iui o is a w w 0 R 04 O O 7 0 V 0 M 0 O M 20 F- O 0 O : O 00 O F- N 0 M N O N N 0M2 0 O N 7 0 N N N 0 d 0 1n X d 0 0 0 0 0 O O W > O 04 N 0 0 >LO O 0 0 : 00 0 :N 00 �a W 07 : M : N NN in N d N O 0 , O 0 ,n n 0 00 : 00 O , n N , 0 0 0 000 O N 0 I� i� 0 :00 M O w U :00 00 O :MO :LO0 00 O N r X O a a 0 : OM : 0"r 0 0 0 :0 0 w O M 00 Z O :�0 00j0 0 c c N N NO LO a d (� 0 O 0 V0 V:0 O O 00 0 O 0 0 0M 0 00 0E O W' o : : -: r j O ;� 0 W N O O : ) O 00 0 N _� O : O R O �O U 2 :> ~ (o m LO LOO V U LO 0 ON o 0 z o 0 c = (No m U 0 0 O 0 N Oci O O V � � O O O N H LO .......... N Q O O U � � 0 O 10 O m LO 0 Z N 0 0 O O 0 O O m O O H O O C\I O 04 O N O O a w LO ro m N0 O a o 0 04 w 0 0 >LO N La c v 0 N N N 0 O O a O 0 N N C\I 04 x O O a 0 W j, O O j O W N d N O O 00 0 O a O O (n �O Or O LO C\I LO 04 O (D m Q M M O O X O m pMj Z M M 0 00 0 00 0 M M O O 0 0 � a O 0 R ~ U O DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 CO C C Q C O U N 0) co cu L O O � U 0) cu O !2 � CO C cu Old N M O N N O N O , � O W O I1J co v U 3 L C N O � L O � U > CD 0 C O I1J •� co Io m U LO M � N 0 0 L v 0 O 0 00 O O M O z z O : O : O o :0 :0 w w O 0 O 0 w V 2 U 0 OV O,n :00 :00 Ov 00 U 0 O o O o o `> T H...... 00 � V p N O O p p O O CO O 7N 00 O p ~ O M H N O U "'.......i...........i........... O 7 (O7 V p N 0 O p m O 7 0 7 CO O 7N po0 O m z...... O M Z N 0 N 0 O O 0 m O 0 0 O 0 O O O 0 R O 0 O OO7 0O NN R O 00 a H 0 0 O w 0 O 00 w O� O0 O 7 7 V V 0 N N 0 0 0 O O 00:o00 LO a wLO N0 0 w w :0 0 :0 0 w O X a O O : 0 0 0 0 0 0 711 00 O7 0 00 : O 0 7 0Lf) N V N > O 00O O 0 0 0 0 Or O LL a � O 7 0 0 0 7 0 7 o iai iui 0 w La O R ww 0 O 7 0V:0M0 M F- V) O 0 O O LO d 0 M - I- � I- M O 0 M N O w w 0 0 l nO N :000 7 0 N NO w O 1 n O X d 0 i 0 0 i 0 0 O O 711 > O 0 O 0 M N O 0 M O O NO 0 M : O o o :00 :00 :ry 00 �a LL 0 7 M 7 N ;w;w ,n N 0 w N O O 0 ,0 ,n n 0 00 : 00 O , n ; 0 0 0 000 O O N 0 0 i0o ioo M O 00 U O :MO :LO0 00 ~ o ; LO ,; X O 0 : OM : 0"r 0 ' 0 0 :0 0 O M O O Z 0 :(D 0 : 0 O 0 c c ;w N O LO i 0w O o v 0& 0w 00;0:00 o ; r- 00 O O : ) N _� O : O R O N O N 1 CD O a NCj N 0 LO 04LO N 0 M :O M N O N O z O O o :0 i0 O V 7 0 00 00 O 0 V 2 w O v U 00 ?0 0 o (C;io T N OVO p M O M p N0 N ~ ...... ..... ' oo i 0 N O U ao p V 7 O M7 0 M m N O N z...... ...... N 0 O O O O O O 0 m O O .........+........ w 0 0V 0 O 1 rC4 R O OO7 0O NN O 00 a '65 LO N0" N w 0 O 00 w O� O0 X a 0 0 N LU 00:o00 LO N La wi0 0"r7 0 O w O aF- 00 O7 0 00 00 0 0 :0 C i0 N 0 O O 00O N X d 711 > O � O 7 0 0 0 0 O 0 > O La ww 0 N0 O O 0 V) 00 0 M - I- � I- M O 0 r` U o 0 0 0 00 00O z O O NO 0 M : O o N 0 M 0 0 :0 00 0 o0g0 0 O O O N R O U O a ~ DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 Old N M O N O W W co U c O r 041 L O N > , O CD W > W aco U c0 M OO O N O OM M_ N 0 O OV N O N O O O O O O OO z U 7 o 0 :o 7 0 :0 0 c� c = o :000 70;o in 00 U p 0 70 : O O O O N0 0 70 ..................... o0 7 0 `> H----- 00 ------ 7P- It ;0 M ; O N 0 t- N O 0 0 0 0 0 ; N N p N O O O V O O p O 7 0 7 0 O H ---.......i..... O ......i........... N 7 0 7 N O U N a O 0 ;0 ;0 7c v md Xa O 7 0 7 0 O Z 0070 00 >- In N O O O 0 0 0 O O O 0 m w 0 O 7 0 0 O 00 70 7 0 0 i0 in o w 0 v R 0 0o oo ° 0 00 ao >0 La aw NO OV O H O O 7 0 0 :00 00 N M 0 O 7 0 7 :0 7 M 00 M o 0 O 0 0 0 a 00 00x 0 z o 0 i0 0 M 0 0 wLO N 0 00 O 0 o 0 0 0 wa cq 0 70 70 0 O O O 0 :00 M 0 LL o 0 70 70 7 w 0 m O :0 ,0" 0a aF- 0 '0 :oma 00 0 o 70 i0 ;LO i0 LO �0 0 r� 0 i0 i0 0 xa LU O o 70 0 70 ? a 0 a)0 w LL 0 O O 70 i0 ; O 7c i0 ; O v NO O O O 0 0 O U) 7 7 O 0 7 0 70 700 7 0 00 O O U O 7 0 N O N O 0 0 x o 70 0c �0 0.*° 00 0 O 0 70 0c0.*O (7 0 0 :0i0 0 7 7 0 0 00 O o O O 7Y _� R ON O N LO 0 M O MCi N O N O z O O o :0 i0 OV ; 0 0 0 T O 0 V = w O v 0 0 U 00 0 0 o (C;70 N O p V O M O M p N0 N H ..................... o0 7 0 N O U ao p It ;0 M ; O v M m N O N Z N O O O O O O O 0 m O O N 0 01, 0 O d 0 1 R O H O O ; O N O O N N O 00 00 a LO N o 0 O O 0 w O.* O0 Xa 00 0 N LU 0070 00 >- In La i0 0"ra ;0 o� w 0 F- 00 :0 00 :0 00 00 00 70 7 0 0 i0 in o w 0 v xa LU 0 0o oo ° 0 00 ao >0 La aw NO N0 O 0 V) 0 O 0 O M I- I - � M 0 O U o 0 0 0 00 00x 0 z o 0 i0 0 M 0 0 0 w O M 0 0 :0 0 0 0 0 cq O O N R o U 0 a ~ DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 CO C C Q C O U N 0) co cu L O O 0 a 0) cu O !2 � CO C cu Old OO 001 O OM M_ N 0 (MO O OV O O O OO O O O O O OO z U 7 o 0 :0 7 0 :0 0 c� c = o :p0 70;o in 00 U p 0 7o : O O O O O O 0 70 ..................... o i0 `> H..... OO ...... O ; M O ; (0 N 0 t- O O 0 0 0 0 0 ; N N p N O O O V O O p O 7 0 7 0 O H "'.......i..... O ......i........... N 7 0 7 N O U N O O O ;O ; O : 0:w :0 O 0 m a O 7 0 7 0 O Z 0 O N 0 N w N N O O O O O O O O O 0 m o.* O 7 0 O O aF- O N O 7 N O 00 V N N 0.* 00 R 00 7 0 0 00 LUT O N N j O La H O O 7 0O 0 :0 00 01 a N 000 O 7 0 7 :0 7 M 00 M ? rO ItO O 0 c v a :w O M O 00 w O M O 00 : � M 0 o wU) N O OO 0 a o 0 0 0 0 w o 0 70 70 0 O O :00 M 0 LL o 0 70 0 7 7 w w 0 m O :O ,0" 0a aF- a o io Oo 00 0 O 70 0 7 0 ;LO 7 7 LO O 7 O r O 0 0 O xa W j O o 70 O 70 7 w 0 )O w LL 0 O O 70 i0 ; O 7c i0 ; O v NO O O O 0 0 O U) 7 7 O 00 7 0 70 700 7 0 00 O O U O 0 7 0 0 N O N O x 7 o o 0c0.*0 00 O O 0 O 0 0 0 0 0 0 •000 00 o :O :000 00 0 0 0 0 7Y N _� 0 O R O OO 001 a) N 0 O (MO (MO O O O OO z O O O o 70L, 0 00 O o c 2 oLc) 00 U 7 O O O O O 0 CO N 0 c ) p O OC) O M O (0 M (O p O O O H ..................... o i0 N O U 0 O O ; M O ; (0 M (O m O O O Z N O O O O O O O 0 m O O .........+........ O OrC4 V9 O R H N N 00 � OO N a LO N0 0:w :0 O 0 w 0 O a O O 0 X lL 0 O N 0 N w N La 0 70� o o.* O 00 Vo 00 v0 aF- O N O 7 N O 00 V N N 0.* 00 xd 00 7 0 0 00 LUT O N N j O La w O NO 00 N O w 0 V) 0 :O 700 000 O w 0 0 U ? rO ItO c v X O :w O M O 00 w O M O 00 : � M 0 o 04 M 0 0 0 O O 0 o N o ;L :a O O O R o F 0 a DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 CO C C Q C O U N 0) co cu L O O 0) cu O !2 � CO C cu Old (N M O N N C O N W CD W i U 0 c U 0 L L O +�+ W V W L co Q U 1• cli � 0 O 0 0 0) N m N N 0 (MO O O O O OO O O O O O z U O o o : O O :o i0 : :0 i0 O 0 c 0 = U o i0 i0 0 p o io io 0 `> O O ; 0) ..................... o i OMC) N O O) 0 O O O 7 0 O 7 N N N N O O O Z p N O O 0 0 O H "'.......i.... O .......i........... 0 N N O U N p O O O 7 0 7 0 7 N 7 0 N O m O O 0 O Z a 0 O x 711 N O 0 N 'tO N O O 0 0 0 O O O 0 m O O 0 O o� c.* .........*...........*....... . 00 00 R 0 N O N 0 7 0 V N N 0.* xd 00 7 0 0 00 0O T O H N O O 0 0 7 :0 N N N O 0 :0 0 7 0 00 O 0 0 i:O 00 00 0 O 7 0 U a U o c v wLO N 0 00 O o 0 0 0 wa o :o :0 0 O O O 70 700 00 LLa o io i0� :a O 0 O O 0 0w Lc) F- 00 �0 :00 a O i0 o 0 0 ;CI) r ri 0 0 O O 0 O xa W j O o O io 7 0 io N 0 > 0 d �a 0 ?0 :00 00 LL O O i0 7 0 i0 7 0 ri NO O O O O O O U) O 0 O i0 :00 O 0000 O O U o io :00 00 o ;o x o 0 0 0 :0�c� 00 0 O 0 O 0 :0 :o I0L 00 0 c� 0 :0 :0 0� O O 0 00 O O 0 0 ) N _� 0 7 O R O � o :rn m N 0 O (MO (MO O O O OO z O O 0 0 0Lr) 0 0 0 O 0 c 2 cLc) 00 U 7 O O O O N 0 p O o000 O M O (0 M (O p O O O H ..................... o i OMC) N O U 0 O O 7 M O 7 (O M (O m O O O Z N O O O O O O O 0 m O O O OO V O 9 R H N N 00 � O O N N a LO N0 0 d) :0 O 0 w 0 O a 0 O x 711 0 N 'tO N >- In La o o� 700 o� c.* O :moo 00 00 aF- 0 N O N 0 7 0 V N N 0.* xd 00 7 0 0 00 711 T O N N j O La a O NO 0 N O w 0 0 0 i:O 00 00 0 O w 00 U ? U o U o c v X O a O M O 00 w O M O 00 : � MM :o0 04 0 0 0 0 • .00 O Q O O N :a O O � O R o F 0 a DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 Old (N M O N N C O N W CD W O U 0 c U 0 L L 3 cO_ G W W L co Q U 1• M 0 0 O 0 0 0) N m N N 0 O O O O O O O O O z O o o : O O :o i0 : :0 i0 O 0 c 0 = U 0 0 o p0 ' o io; 0 0 O O ; 0) N O O) O O 7 0 O 7 N N N N p O 0 0 O H ---.......i.... O .......i........... 0 N N O U N p O O 7 0 7 0 7 N 7 0 N O m O 0 0 O Z N O O O 0 0 0 O O O 0 m O O 0 O .........*...........*....... . R 0 O H O O 0N 7 0 N O 7 0 0 7 0 O 0 O 7 0 a wLO N 0 0 0 0 L O 0 0 O LU o :o :0 0 O 70 700 00 LLa o io 0 i0� 0 O 0 0w Lc) F- oo o0 O 0 o i0 i0 ri �o 0 r� o io i0 0 xa LU 0 o io io 0 0 ?0 :00 00 LL O O i0 ;0 i0 ;0 ri 0 0 O o i0 io 0 U) o 0 io i0 :00 i0 0000 0 O U o io :00 00 o ;o x Oz 0 0 0Lr)cLc) 0 :00 00 o 0 o :o 0 0 0 i0 o n 0� O 7 0 0 0 00 O O 0 0 ) R m O .M 0 cv O M CL N DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN 0 N O N O M N co 0 Old o c ico NO M M N N O IO 0 10 O N z 0 10 O O o 0 a a 0(,) O M 00 0 V 2 U M Mo iso V V : N 0 L LO 0 'C) 4 V 0 N ' N V V � ....................... N N N O U rn ;C) o m c C\I z N O O O O O 0 m O O (4 00 OC) N O O N O O a LO a a m N 000 0 0O 0O xa LU L L r r >LO w. N O O L 0 ID M M O N a O O o O a a oc ;oc xa �o Vo W i 0 M M ...................... 00 100 N • N ? > O _ :�a o o o Io LL a a N O OV O V 0Oo 0Oo c c U 0 0 x Oo z io 0 0 NN : O M O M O 00 ;moo 0 0c) o �a a ;o ° m c O E 0 O E cn Q •L N O E L 0^ Y Q Q •L N N m d 0 N N O Q 7 � IL Q ; Q (6 E 00 IL Z U `o v O Q U O `O w U) 2 U O V 2 Z U O r `O 00 O 2 U U O _ 0) (n N 2 U O r N N O O N J � N (6 N J E m Q Q DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 (N O N O M a) co 0 CO C C Q C O U N 0) co cu L O O 1 N U 0) cu O CO C N co Old (N M V V 0 (O LO (O N � O 5 w w co U z w N L 3 0) L c N L C 0 0 100 Y (0 aa / 0 W w w U cu Q O C �= C 2 2 cu V 2 0 0 00 2 O N O 0 0 ' 0 0 U N V V 0 (O LO (O V V (O N O 0 (O- N 0 p (M- (M• N I N 0 p 10 0 z O O 0 0 0 0 100 (0 aa :( :( ID a a V 2 0 0 00 O 0 0 0 O N O 0 0 ' 0 0 U 0 0 O 7 0 0 i Op O i Op O ------ r ------ r ------ ------ LO 1 LO N 0 N N O 10 p (O 7(O :M M H I i� is is N O U O N (O : N: : (O 0 : 0 7 V 7 V m (O (O (M M z N O O O 00 O 0 O O 0 m O 0 O O (4 O H O 0O N O 0 O : V 0 0 0 O : O N N a o0 o �`n N 00 oo ;o �mo w o N N J N N La 0 i0 0 m oo ; 0 a O 0 o o VVF- O: O i0:00 0 O N N 0 : 0 00 0 : 0 0 O r xa ;co ;Vo LU T O O i0 7 N 7 N j O La N ° O N • O 0 V) 00 00 N N i� O i7 0 U 1o0lo N O N O 7 0 x O M : O M :"r0 ;"r0 N N 0 • 00 • 0 0 00 00 M M M-0 m °a:a: LU ;wZ Ez EzZ) mes)nEm¥ope ggoEE7 e 3BFE34A DF- aE1gm4E@ABF % � ■ CD / 9 3 3 Old k § V: lzt 0 LO 0 LO / / 00 00 00 00 00 00 \0 \ LO 0 LO00 0000 00 00 00 . — — — G G \ \ \ § § / / CI) n n § § LO LO LO 3 3 3 3 z z § ± a 0 00 §� 00 )C\I 04 LO 00 00 00 LU00 C\I 04 \S z� §� \� §� 00 00 00 x00 LU C\I 04 \§ LL§00 00 00 00 C\I 04 00LO E00 0 LO 0 § 00 00 C\I 04§ a §S %8 \k / 0 _ j ) 0 } k § C\I 04 / 00 00 00 00 \ 00 00 00 00 � — — G \ \ § / CI) n § LO LO 3 3 3 z § ± a 0 00 §� 00 )C\I 04 LO 00 00 00 LU00 C\I 04 /) §� \� §� 0000 00 x00 LU C\I 04 \§ LL§00 00 00 00 C\I 04 00LO E00 0 LO 0 § 00 00 C\I 04§ a §S %8 \k / 0 _ j ) 0 } DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN 0 N O N O M N co 0 Old N � M ++ (O C� N O +L+ N V LO 0 cO W G � W � W N w c U (O N (O N 0 o .L 0 LO J > 00 0 O C � W N � � I1J co U M LO O N N N LO LO 0 ((0 w (O N (O N 0 0 0 LO 0 LO 00 0 O 00 00 Z Z T (0 (c (c c c O"r O.* 2 2 000 O U U 0O 0O 0O N N N N 0 0 r- 1- r- p p (O (C O O � � w F- U U �N �N co 00 O O lL Y N O N O U J J N N � F F R J � R � R CL CL �Id O N N N LO LO 0 (O N (O d 0 00 g0 Z T ro (c c O"r O� 2 0O0O U 0O 0O N N N 0 1- C\I 1- 04 p (O (O O (O w F- U �N 00 O lL Y N O U J N � F R J � R CL DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN 0 N O N O M N co 0 CO C C Q C O U 0) co cu L O O L N U N N 0) cu O CO C N N cu Old N L M 000 M LO O a a 0 0 ' 0 0 z 00 00 L (OCD N 100 N � W U a 0 � O CO CO N 0 C C N (O p M 7(C! W 00 OC) N 0 cu NN O_ Z U m Z N O N 0 cu o M O d m o :0 cu U U aa O O z 0 ; (D (O 0 10 0 aM ' LO W O O c cu J J 0 (o 00 Xa LU M I ,n 7 N M 000 C\IO 0p00r a a 0 0 ' 0 0 z 00 00 0 N 100 N I V a a 0 V0 M OO 00 V 2 U 0 � N 0 00 N 4 (O p M 7(C! O H 00 OC) N 0 O_ (O O 17 m Z 0 N 0 U o M O d m o :0 m - aa 00 IDM 0 O N 0 ; (D (O 0 10 0 aM ' LO LO m N 00 10 0 (o 00 Xa LU M I ,n 7 N a C� La O O O V 1 M 00 11oo aF- ui a a 0 0 7 0 0 X d (C!0 0 0 LU j O M In ------ ...... j O La a a NO 0 N • O 0 00 00 06 O V N M 0 U N 7OC) O O 0 0 aa X U OM OO M 100 oO N ; 0 O N 00 (� 0 Q I OC) O 7O O O O �a ° m DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN �u 0 N O N O M N co 0 CO C C Q C O U N 0) co cu L O O 1 N U N N 0) cu O CO C co Old N M 0 0 M M 0 N O 0 O O 00 (O O 00 (O O O 0 0 W p 0 co O U +; 0 0 O 0 O z 0 U O L 0 0 : 0 00 '^ v, o i0 io O N cO V = W N OO co O l0 ?0000 00 M 00 U co o o U N L o : O O CO � O O 0 0 M M N 0 O O O 0 O O 00 (O O 00 (O O 0 0 0 O O 0 0 O 0 O z O : O 0 0 : 0 00 o i0 io O V = OO co O l0 ?0000 00 M 00 U o o i0 L o : O O o `> io ;OC) O : O ; N N O O O �p O : O l0 OC) : N c) p O O O F- ........... 0 ....................... o ----- N 0 00 U 0 c v p O O 0 0 N 00 O O O m O O O Z O O N 00 U O O O :0 0 0 :0 M 0 I n O M LQ 0 0 O O O : O O R O OO H O O O : 0 : ' 0 0 ' 0 0 O O N O : 0[ O : 0 O W O O : O V N LO a 0 i0 io io :oo :o0 �Cf 0 r� 0 '0 r- :0 i0 0 00 00 xa 0 O W : V : N In 7 N N La 0 0 0 00 M0 " 0 R w 0 M '� :00:00 i�i0 0� aF- OO 0 N 0O O: O :0 0 LO O r O W O x o 0 00 0 lL O N LO j O La i� io w 0 :0o i0 00 00 :0 00 ?06 io i 00 i co 00 a 0 OO M O 00 O x 0 OM O V :0 0 ' 0 0 0 M 00 z : 0 0 : 0 0 :(C) 0 0 0 OM (LO (D 0M 0000 0 (D :o o '�0 0 O : O O ON CL U .Do)_ � r � R R (4 .0. N N a R N : a) O 2U oa U) Q 'U :� DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN O (N 0 N O M a) co 0 CO C C Q C O U N 0) co cu L O O N U N N 0) cu O CO C co Old N M 70 r 7(MO M 0 N 7 0 7 0 7 0 r O o 'o 0 W p ON co o 70 U +; 7o0 70 00 7 0 z 0 U O 7 0 0 7 0 0 0 > cn O a 7� 7 0 a a 0 � � = W N N W � Q U co O 0 70 !oo 00 00 OO 70 r 7(MO M O O 7 0 7 0 7 0 r U o 'o 0 ON o 70 7o0 70 00 7 0 z O 7 0 0 7 0 0 0 O 7 0 7� 7 0 a a N w = 0 0 : 0 Lr) D 7 0 0 0 0 U O 0 70 !oo 00 00 T 70 N 00 N 0 O 7 0 7 0 p V p O70 O 7 0 700 700 7 0 7 0 (O p O O O F- ............................................... ...... ...... ...... ..... N O U 7 0 7 m d o 0 70 OC)7 0�o 70 70 m 0 7 0 7 0 z N O O O OO O O O O O O 0 0 O O O 7 0 O R 0 0 O H O 7 07 0 7 0 C\I70 O ' 7 0 7 0 0 0 0 O 700 N M a 0io �f CN Q 4 0o0 io o 0 0i0 �x LU 7 00 7 N M 7 N N La 0 0 70 70 7� 7� 70 `n 70" _ O R w 0� Q 74 io0 i0 0 00 aF- O O O O 7 0 0 7 00 7 N 7 0 7 0 7 00 0 7 0 0 M O M2 2 O 0 j, Xa 0 7 700 7610 ro 711 O o 70 7 00 7 N M j O La i�i0 w O p 70 70 00 U) :0 0 00 00 7a 7m O 0 0 N 0 O 7 O O G 7 O X O : O : O :0 0 ' 0 0 O M 0 0 z 7 0 0 7 0 0 O) (C) M 0 04 O OM 7 (° 70 O0 OM 7000 ' (D00 r O Q. (MOD 70 0 oN =� :r N E� N N 2 R N 0 O U) DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN 0 N O N O M N co 0 Old N rn N 0 N N N N N N N Z 000 ;00 0 N � o�0 i o-0 T N N N ....... V O 0 10 O O U o 0 O O 00 O 0 0 ....................... 01 01 N 0 U R � � p H T N N �a a :O ° m N o rn m N 0 N � N N N d O O O 00 O 00 Or O z T N N = U O O 0 0 N OU rn m p N N R ISM 0 O O :5 N LOO N �a-0-0 00 O O J w N E O ~ R J � R a DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN 0 N O N O M N co 0 Old N M m N 0 N N O N N N W W � N U `> U � z O � Or O L T J N 0 0 ....................... ........... 0 O L rn rn W � � co O U N H O C rn m N 0 0 N 0 N N N z N N U `> z 0000 00 O Or O = U T N N 0 0 ....................... ........... 0 rn rn = U O O O i0 H O o N 0 a O °'17 N N 1 m - N N H 0w � R IOM ° `n o C\1 a o C\! C a p O 0 J N N E O F R J m R CLQ r r N N 0 0 N O O z O p O O O `> = U N1 7 N o i O 0 0 ....................... N 0 rn rn o O i0 H :a a O N N DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN 0 N O N O M N co 0 Old N M r - N r O N O W W � c O U � � O C `> L J 0 � A m m = U I1J 0 I1J co 0 U N 00 0 �Id r— r - N 0 OO O O Z O `> 0 0 m m = U 0 0 0 0 N 0 0) f�0 p O O a 0 NO w CCi () R Q �o O C\I N 0 O J N � ~ R J � R CL Q �Id M 0 O M C O M AL, ^W CL O Oi `O U a3 LL 0 O J a) E Z a) Q H C a� E Q s LU r— r - a) N 0 O O O Z `> 0 0 m m = U 0 0 0 0 N 0 0) f�0 p O O a N O C () R Q 3:o O N 0 O J N � ~ R J � RCL Q M 0 O M C O M AL, ^W CL O Oi `O U a3 LL 0 O J a) E Z a) Q H C a� E Q s LU DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN 0 N O N O M N co 0 M N M r O N O Q w E W_ Q co .7 U a c W o a, cv > C -a O 5 W cn W co O U C T- CL (U LL � a) a3 O LLL J Q Q E Q E E W E Q Q Q LU w w w N L ♦� N i m � DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF PEI EN 0 N O N O M N co 0 Old O O N N V 0 0 d) O a) O N O O z Q OO O H O V = O O U O O ........... OO c U o o p N O � H 0 a 0 � o o m a O N N N E U � 0 N ON 0 N O) a) OO Z O O O H c o 0 U O O 0 ........... 0 N 0 0 O a O p N N O � � w N M E Z 0 0 � R R O U ~ DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) City of Tustin APPENDIX B TRANSPORTATION NOISE ANALYSIS FOR KIBA RESIDENTIAL PROJECT OCTOBER 14, 2020 641 Page DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Transportation Noise Analysis for Kiba Residential Complex Rev. 1 Project # 2010A October 14, 2020 Chris Kellstrom 1042 San Juan Street Tustin CA Eric Seavey, P.E., INCE Bd. Cert. SEAVEY ACOUSTICS, LLC 17192 Murphy Avenue #15651 Irvine, CA 92623 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Transportation Noise Analysis for Kiba Residential Complex 1 INTRODUCTION 1042 San Juan Street, Tustin, CA is a residential lot located on the southside of San Juan Street between Newport Avenue and Orange Street with one single family residential unit. The project proposes to build two duplex 3 -story structures and a 2 -story single family structure. The 3 -story structures will be built on the southeast and south west sides of the property, and the 2 -story structure will be built next to the existing single family structure on the northwest side of the property. Figure 1 presents the vicinity map and Figure 2 presents the project site. Figure 1. Vicinity Map of 1042 San Juan Street Project P 1042 San Juan Street d�e I DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Transportation Noise Analysis for Kiba Residential Complex Figure 2. Site Map of 1042 San Juan Street Project f 14 This project site is surrounded by residential land use with a main roadway, San Juan Street, along the northeast side of the property. Air conditioning units during warmer weather and occasionally aircraft overflights contribute to the typical suburban ambient noise levels in this area. San Juan Street, Newport Avenue and Interstate 5 are the most significant sources of transportation noise contributing to the ambient noise levels. This report will include any outdoor or indoor traffic noise mitigation required to meet the Conditions of Approval by the City of Tustin. 2 NOISE EXPOSURE CRITERIA The City of Tustin specifies outdoor and indoor noise exposure limits for residential land uses, and are based on the Community Noise Equivalent Level (CNEL). The CNEL is a 24-hour time -weighted annual A -weighted average noise level. A -weighting is a frequency dependent adjustment that correlates overall sound pressure levels with the frequency response of the human ear. Time weighting refers to the fact that noise that occurs during certain noise -sensitive time periods is given more significance. In the calculation of CNEL, noise occurring in the evening time period (7 p.m. to 10 p.m.) is increased by 5 dB, while noise occurring in the nighttime period (10 p.m. to 7 a.m.) is increased by 10 dB. 2 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Transportation Noise Analysis for Kiba Residential Complex The City of Tustin has adopted an outdoor noise exposure limit of 65 dB CNEL for the private patio areas and balconies for residential structures. In addition, the City uses an indoor noise limit of 45 dB CNEL for habitable spaces. 3 OUTDOOR NOISE EXPOSURE To determine the noise exposure from traffic noise, Soundplan Essentials is used and calculates noise propagation in accordance with the Federal Highway Administration Traffic Noise Model. The Arterial Traffic Distribution Estimate was compiled by the Orange County Environmental Management Agency, and is based on traffic counts at 31 intersections throughout the Orange County area. Arterial traffic distribution estimates can be considered typical for arterials in Southern California. The traffic distribution for Interstate 5 (1-5) was obtained from 2016 data from California Performance Measurement System (PeMS). For this study, The arterial and 1-5 traffic distribution was used in the analysis, and is presented in Table 1. Table 1 Annual Average Daily Traffic Distribution Percentage Vehicle Type Day Evening Night Arterial Roadways Auto 75.51% 12.57% 9.34% Medium Truck 1.56% 0.09% 0.19% Heavy Truck 0.64% 0.02% 0.08% 1-5 Auto 74.14% 12.10% 9.17% Medium Truck 1.4% 0.23% 0.17% Heavy Truck 2.18% 0.36% 0.27% The Annual Average Daily Traffic (AADT) for San Juan Street and a number of major roadways in the vicinity of the project were obtained from the City of Tustin for 2018, and extrapolated to year 2040 buildout conditions with a 2% per year AADT increase. The AADT for 1-5 was obtained from the 2019 Traffic Flow Map, and extrapolated to year 2040 buildout conditions with a 2% per year AADT increase. Table 2 presents the AADT used for calculating the traffic noise exposure. Table 3 presents the projected noise exposure for a number of facades with highest traffic noise exposure and the front yard of the 2 -story residence. The projected outdoor noise exposure does not exceed 65 dB CNEL at any facade of the building at any level and the front yard. No further outdoor noise mitigation is required. Appendix A includes a graphical layout of the CNEL calculation locations and noise exposure levels. Appendix B includes the noise exposure contributions for each roadway. 3 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Transportation Noise Analysis for Kiba Residential Complex Table 2 Year 2040 Buildout AADT Used for the Traffic Noise Exposure Calculations Roadway 1-5 Newport Ave. E. Main St. Bryan St. San Juan St. AADT 520,995 44,060 19,325 22,262 5,720 Speed Limit 65 35 40 40 25 (mph) 55 57 Northern 3 -Story Residence SE Facade 49 53 Table 3 Projected Year 2040 CNEL Noise Exposure at Kiba Residential Complex Noise Exposure Location Projected CNEL (dB) Level 1 Level 2 Level 3 Front Yard 63 - - 2 -Story Residence NE Facade 60 - - 2 -Story Residence NW Facade 53 58 - Northern 3 -Story Residence NW Facade 49 55 57 Northern 3 -Story Residence SE Facade 49 53 58 Southern 3 -Story Residence NW Facade 49 54 56 Southern 3 -Story Residence SE Facade 50 56 58 Windows/Doors Closed With construction practices common in California, residential buildings achieve outdoor -to -indoor noise level reductions of at least 20 dB. The indoor CNEL is equal to the outdoor -to -indoor noise level reduction subtracted from the outdoor CNEL. With all windows and doors closed, the indoor noise exposure is projected to range from 27 to 40 dB CNEL. The projected indoor noise exposure does not exceed 45 dB CNEL in any rooms with windows and doors closed. No further noise mitigation is necessary. Windows/Doors Open If building occupants want fresh air, they may open their windows if there is no other means of building ventilation. However, with windows and/or doors open, the outdoor -to -indoor noise level reduction reduces to approximately 12 dB. With windows and/or doors open, rooms of the 2 -Story Residence have indoor noise exposures ranging from 41 to 48 dB CNEL. The projected indoor noise exposure is expected to exceed 45 dB CNEL Living Room, Dining Room, Bedroom 2 and Bedroom 3 of the 2 -Story Residence with irl DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Transportation Noise Analysis for Kiba Residential Complex windows and/or doors open. In order to meet the indoor noise criterion of not exceeding 45 dB CNEL. windows and doors must remain closed, and building ventilation must be provided per the applicable California Building Code. With windows and/or doors open, rooms of the four 3 -Story Residences have indoor noise exposures ranging from 37 to 46 dB CNEL. The projected indoor noise exposure is expected to exceed 45 dB CNEL in the rooms on level 3 of the four 3 -Story Residences with windows open. In order to meet the indoor noise criterion of not exceeding 45 dB CNEL, windows and doors must remain closed, and building ventilation must be provided for the rooms on level 3 per the applicable California Building Code. 5 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Transportation Noise Analysis for Kiba Residential Complex Appendix A Calculated Traffic Noise Exposure Locations DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF X O Q O E " O fn U Q W _0cn O Z � U cu_ cu Y � Ln a co m Ln Ln W Ln o 0n �n -W D VM Ln Ln a o'2 Go cn a� Ln Ln O m N N m Co U 75 5 cu N LL N N N i U U) 9 U C N N U N CD O O)c I ® I M .. (n o Ln a co m Ln Ln vl V i N Ff Ln L $ � W Ln o 0n �n m N N D VM Ln Ln a cn Ln Ln m N N vl V i N Ff Ln L $ � DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Transportation Noise Analysis for Kiba Residential Complex Appendix B Noise Exposure Contributions per Roadway DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Contribution levels of the receivers Level Source name Traffic lane Lden dB(A) 2 -Story Residence NE Facade LFI 59.8 Bryan Street 36.7 E Main Street 39.0 1-5 44.4 Newport Ave 53.4 San Juan Street EB 56.2 San Juan Street WB 54.5 2 -Story Residence NW Facade 1.FI 53.1 Bryan Street 33.3 E Main Street 28.5 1-5 45.5 Newport Ave 50.4 San Juan Street EB 44.9 San Juan Street WB 44.2 2 -Story Residence NW Facade 2.FI 57.7 Bryan Street 36.7 E Main Street 29.5 1-5 48.0 Newport Ave 55.4 San Juan Street EB 49.7 San Juan Street WB 49.2 2 -Story Residence NW Front Yard LFI 62.5 Bryan Street 37.9 E Main Street 40.8 1-5 45.3 Newport Ave 56.1 San Juan Street EB 59.2 San Juan Street WB 57.0 2 -Story Residence SW Facade 1.FI 47.4 Bryan Street 23.1 E Main Street 22.3 1-5 46.1 Newport Ave 40.9 San Juan Street EB 29.0 San Juan Street WB 28.8 2 -Story Residence SW Facade 2.FI 51.0 Bryan Street 24.6 E Main Street 24.3 1-5 49.2 Newport Ave 46.1 San Juan Street EB 29.4 San Juan Street WB 29.4 Northern 3 -Story Residence NW Facade LFI 49.0 Bryan Street 29.3 E Main Street 26.6 1-5 42.3 Newport Ave 47.7 San Juan Street EB 32.6 San Juan Street WB 32.2 Northern 3 -Story Residence NW Facade 2.FI 55.5 Bryan Street 32.7 E Main Street 27.7 1-5 45.6 Newport Ave 54.6 San Juan Street EB 40.6 San Juan Street WB 40.4 Northern 3 -Story Residence NW Facade 3.FI 56.6 Bryan Street 34.3 E Main Street 30.6 Seavey Acoustics LLC 17192 Murphy Avenue Irvine CA 92623 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Contribution levels of the receivers Level Source name Traffic lane Lden dB(A) 1-5 48.4 Newport Ave 55.6 San Juan Street EB 41.4 San Juan Street WB 41.1 Northern 3 -Story Residence SE Facade 1.FI 49.0 Bryan Street 28.5 E Main Street 22.1 1-5 47.6 Newport Ave 39.2 San Juan Street EB 38.3 San Juan Street WB 38.0 Northern 3 -Story Residence SE Facade 2.FI 53.1 Bryan Street 30.2 E Main Street 23.2 1-5 52.1 Newport Ave 44.6 San Juan Street EB 36.8 San Juan Street WB 36.5 Northern 3 -Story Residence SE Facade 3.FI 57.8 Bryan Street 29.2 E Main Street 25.3 1-5 57.4 Newport Ave 46.9 San Juan Street EB 37.2 San Juan Street WB 37.1 Southern 3 -Story Residence NW Facade 1.FI 49.0 Bryan Street 35.3 E Main Street 25.0 1-5 46.7 Newport Ave 43.2 San Juan Street EB 36.2 San Juan Street WB 35.9 Southern 3 -Story Residence NW Facade 2.FI 53.7 Bryan Street 37.0 E Main Street 26.4 1-5 50.9 Newport Ave 49.9 San Juan Street EB 35.5 San Juan Street WB 35.2 Southern 3 -Story Residence NW Facade 3.FI 56.3 Bryan Street 38.2 E Main Street 29.1 1-5 54.5 Newport Ave 51.2 San Juan Street EB 35.9 San Juan Street WB 35.8 Southern 3 -Story Residence SE Facade LFI 49.5 Bryan Street 27.4 E Main Street 20.7 1-5 49.3 Newport Ave 33.7 San Juan Street EB 26.1 San Juan Street WB 26.3 Southern 3 -Story Residence SE Facade 2.FI 55.8 Bryan Street 33.2 E Main Street 23.2 1-5 55.7 Newport Ave 38.7 San Juan Street EB 30.3 San Juan Street WB 30.1 Seavey Acoustics LLC 17192 Murphy Avenue Irvine CA 92623 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Contribution levels of the receivers Source name Traffic lane Level Lden dB(A) Southern 3 -Story Residence SE Facade 3.FI 58.1 Bryan Street E Main Street 1-5 Newport Ave San Juan Street EB San Juan Street WB 28.9 23.3 58.0 42.7 32.8 33.7 Seavey Acoustics LLC 17192 Murphy Avenue Irvine CA 92623 DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Initial Study/Mitigated Negative Declaration 1042 San Juan Street Apartment Project and 1052 San Juan Street (General Plan Amendment only) (GPA 2019-00001/DR 2019-00019) APPENDIX C CITY OF TUSTIN HISTORIC RESOURCES SURVEY (1990 AND 2003) 651 Page City of Tustin DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF ADDRESS: 1042 SAIF JUAN ST DATE: 1907 STYLE: COLONIAL REVIVAL SOURCE.- RATING: T B ALTERATIONS: F HISTORICAL DISTRICT: Ido COMMENT: DESCRIPTION: CTT Y OF ' UMN HyS 1"CORI[ A L SURLY Colonial Revival in style, the single -storied residence at 1042 is crowned with a hipped roof featuring gabled wings to the front and cast side. Crisscross latticework venting, carved triangular braces and a row of decorative knobs accent the gable faces. A wrap-around porch runs across the front and down the west side, connecting the gabled wings. The main roof continues downward, without a break, to form the porch roof, which is supported by pairs of narrow wood posts. Horizontal braces accent the posts. A plain wood railing, with both vertical and horizontal balusters, borders the porch. A pair of double -hung windows, topped with molding -trimmed lintels, is centered in the front wing. A large plate glass window rests beside the paneled front door (not original), Double -hung windows are used throughout the rest of the house. SIGNIFICANCE: Edward E. Smith, a local walnut grower, built this house in 1907. He sold it that same year to J. H. Shaffer, who immediately sold it to Martha Rantz. By 1909 Matthew and Birdie Truran had purchased the property, adding to several other lots that they had accumulated in that block. The area became known as "Truranville" by local residents, because the Trurans owned several pieces of property and built several homes here. In 1937 when Birdie Truran's estate was settled, this house was deeded to Ben Truran, one of her sons. Edward Hawkins and his wife, Ruth, purchased the house that same year and continued to own it until 1945. E. J, Richardson and his wife, Vivian, owned, the house during the war. He was a carpenter. A good example of a Colonial Revival house, with Craftsman influence, the residence is significant to the city because of its architectural style. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Listings Review Code Reviewer Primary HRI Trinomial NRHP Status Code Date Other) Page 1 of 2 *Resource Name or #: (Assigned by recorder) 146 *P1a.0ther identifier: *P2. Location: ❑ Not for Publication X Unrestricted *a. County Orange County and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5° Quad Tustin -orange Date T ;R 1/4 of 1/4 of See B.M. c. Address: 1042 San Juan St. City Tustin, Ca Zip 92780 d. UTM: (Give more than one for large and/or linear resources) Zone I mE/ mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) see map *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Edward E. Smith, a local walnut grower, in an area known as Truranville, constructed the building. The Truran family owned numerous properties in the block. The house was sold to several other subsequent owners. This single storied building is Colonial Review in style and crowned with a hipped roof featuring gabled wings to the front and east side. Crisscross latticework venting, carved triangular braces and a row of decorative knobs accent the gable faces. A wrap around porch runs across the front and west sides. Pairs of narrow, wood posts support the porch roof. Horizontal braces accent the posts and there is a plain wood railing with vertical and horizontal balusters and borders. A pair of double hung windows is centered in the front wing. *P3b. Resource Attributes: (List attributes and codes) HP2 single family property P5a. Photograph or Drawing (Photograph required for buildings, structures, and objects.) August 2001 *P10. Survey Type: reconnaissance survey *P4. Resources Present X Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other (Isolates, etc.) *P5b. Description of Photo: (view, date, accession #) front view, 1990 survey *P6. Date Constructed/Age and Source: 1907 X Historic ❑ Prehistoric ❑ Both *P7. Owner and Address: to be inserted _*P8. Recorded by: (Name, affiliation, and address) G. Takano, TBA West, Inc. 1950 Sacramento St #1, San Francisco, Ca 94109 *P9. Date Recorded: *P11. Report Citation: (Cite survey report and other sources, or enter "none.") see continuation sheet DPR 523A (1/95) *Required information DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF *Attachments: ❑NONE X Location Map X Continuation Sheet ❑Building, Structure, and Object Record ❑Archaeological Record ❑District Record [Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (List): DPR 523A (1/95) *Required information DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4420 EXHIBIT B OF RESOLUTION 4420 Outside Agency Comments DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Irvine Ranch wAIER oisTRirr January 12, 2021 Elaine Dove, Senior Planner Via email: edove@tustinca.org City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Re: Notice of Intent -- Kiba Residential Project Mitigated Negative Declaration Dear Ms. Dove: Irvine Ranch Water District (IRWD) has reviewed the Notice of Intent (NOI)/Mitigated Negative Declaration (MND) for the Kiba Residential Project in Tustin. After reviewing the NOUMND, IRWD has confirmed that although IRWD serves a portion of the City of Tustin, this project is not within IRWD's service area. Therefore, it is IRWD's understanding that this project should have no impacts to IRWD. If this is not correct or if there are any future changes to the project which may impact IRWD, Tustin is required to notify IRWD so that IRWD can review and comment, if necessary, on all future environmental compliance for the proposed project. IRWD appreciates the opportunity to review the NOI/MND for the Kiba Residential Project. If you have any questions, please contact the undersigned or JoAnn Corey, Environmental Compliance Analyst at (949) 453-5326. Sincerely, Fiona M. Sanchez Director of Water Resources cc: Jo Ann Corey, IRWD Irvine Ranch Water District • 15600 Sand Canyon Ave.. Irvine, CA 92618 - Malling Address: P.O. Box 57000, Irvine, CA 92619-7000 . 949-453-5300 www.Irwd.com DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF us Lin Uriij:iea ScbooL Distrzict 1302 Service Road, Tustin, CA 92780 January 15, 2021 Maintenance, Operations and Facilities 0 (714) 730-7515 • FAX (714) 731-5497 City of Tustin Community Development Department 300 Centennial Way Tustin, CA 92780 Attn: Elaine Dove, Senior Planner SUBJECT: Comments on Draft Mitigated Negative Declaration: Design Review 2019-00019 & General Plan Amendment 2019-00001 — 1042 and 1052 San Juan Street; Kiba Residential Project Dear Ms. Dove - On behalf of the Tustin Unified School District (District), thank you for the opportunity to provide comments on the Mitigated Negative Declaration for Design Review 2019-00019 & General Plan Amendment 2019- 00001 — 1042 and 1052 San Juan Street; Kiba Residential Project (Project). The District offers the following comment on the Project: Please note that residential School Fees, levied pursuant to Education Code Section 17620 and Government Code 65995, will be applicable for the new residential units to be constructed as part of the Project. The fee will be based on the residential fee per square foot that is in place at the time the building permit is obtained (currently $4.08 per square foot). Thank you again for the opportunity to provide comments on the Project. If you have any further questions, I can be reached at (714) 730-7515, Extension 50404. Sincerely. r� Tom Rizzuti Director, Facilities & Planning Cc: Sal Sanchez, Senior Director, Maintenance Operations & Facilities Anthony Soria, Chief Financial Officer BOARD OF EDUCATION Jonathan Abelove - Allyson Damikolas • Lynn Davis - James H. Laird - Jonathan Stone DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF ORANGE COUNTY FIRE AUTHORITY P. Q. Box 57115, Irvine, CA 92619-7I15 1 Fire Authoritz Way. Irvine, CA 92602 Brian.Fenneskv, Fire Chief • wivis efa.org * (714j 573-60001 Fax (714) 368-8813 November 9, 2020 City of Tustin Community Development Department Attn: Elaine Dove, Senior Planner edove@tustinca.org 300 Centennial Way Tustin, CA 42780 Ref General Plan Amendment (GPA) 2019-00001, Design Review (DR) 201.9-00019 Zone 1042 and 1052 San Juan Street, Tustin, CA Dear Elaine: Thank you for the opportunity to review the subject document, The Grange County Fire Authority (OCFA) provides fire protection and emergency medical services response to the project area. Services include: structural fire protection, emergency medical and rescue services, education and hazardous material response. OCFA also participates in disaster planning as it relates to emergency operations, which includes high occupant areas and school sites and may participate in community disaster drills planned by others. Resources are deployed based upon a regional service delivery system, assigning personnel and equipment to emergency incidents without regard to jurisdictional boundaries. The equipment used by the department has the versatility to respond to both urban and wildland emergency conditions. The following are our comments: The project is subject to review by the City and OCFA for various construction document plan. checks for the applicable fire life safety codes and regulations. The project will be subject to the current editions of the CBC, CFC and related codes. We would like to point out that all standard conditions with regard to development, including water supply, built in fire protection systems, road grades and width, access, building materials, and the like will be applied to this project at the time of plan submittal. Thank you for providing us with this information. If you need additional information regarding this letter, please contact me at (714) 573- 6199. Sincerly, Tamera Rivers Management Analyst 714-573-6199 Serving the Cities of • Allso Viejo • Buena Paris • Cypress ■ Dana Point • Irvine ■ Lnguna Hills • Laguna Nigaei • Laguua Woods - Lake Forest • La Palma • Los Alauritos • Mission Viejo • Rancho Sanln Marganla • San Clemente • San Juan Capistrano • Sea] Beach • Santa Ana • Stanton • Tustin • Villa Park Vksuninster • Yorha Linda • and Unincorporated Areas oforange Coumy RE'SIDENT'IAL SPRINKLERS AND SMOKE DETECTORS SAYE LIVES DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4420 EXHIBIT C OF RESOLUTION 4420 Mitigation Monitoring and Reporting Program DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF a v � � c _ as o 0 o0 0U Q Q 0U o) Z Z 0- (D 0) c � � c 0) m U C O 0 tei O 0)O C fn U) i C O �� OU L 0 A O 0 0 f+ O O � 'E E aT+ > 0 0 E 0 E 0 E Q- v)OU> N+ � E > N+ E > N+ E > 0000 0000 0000 c c c C7 0 o O O c -� X 0 +� E E E a �= 0 'y U) U) U) z C f3 N U) () O U O U O U H O E0.- y Q'L Qv)�� O O O O O O E LU N No N N N N > N O o > N O o > N O D D U D D U D D U W z Ja CO <z a > O a 0 o U) Z) Za O L0 0 2N O 0 0 :0) H U ii N O -0N C N o U) N N N m O N _a L 0) N C N C Q C O= O O ~ 0-0 O T f a-- 0-- N (06 - OZ) U a-- 7 U o '0 C C C C 7 C O E' 0 m rn N C O -O m N 00 Nin 0' N 0 (6 E O U (6 Q C 0- = N O C 0- U� .2 C E (6 C 00 N E OU O = E C . 0) 0 (6 U(n OY 0 O)N 0 L� O) Q Z) m N E N -0 0 0)'E (6 +�' E 0- C C: U o' _p N 0 0- U O U LL -O N -_ 0 - m � �.� 0 E N N -C) > �� c > 0- U - EH o� �� o� °� ��� �m o o�mn o m o N m N� E ism N �� __M m C N 00 Q0 N i-0L�-0 7 C m 0 -= Z) 0 (6�- �� 0 0- L_ N C > N �, - 7 C a) -C N i 0 m w (B ui N O Q Of O 0 N .O C -0 -0 E C C -0 -0 E E E (6 a--� N C U N O ,C E (n O - . .0 N C O 0 C U m (6 (6 (6 N 0 Z) (6 > O Z) N C U h j U E N -0 Eo co -0 �- au) E o)o �°U i �� m oui U) O 0 C o� 0 0 (6 0- C 0- �� o,5 N E 0.2 0 ri a N L N 0 m m �.o E V o 0 o� E U) +� 0 0 0--c 'C (6 3i -0 0 n .L .N 0 - Q.CL _ o o a 0 �2 �' a 0- 0 m m 0 � p a E > Z C (n N Wim' a c S ) o ooh U o fl o s� o Z) h N Baa N mN N o C m �o-C � Sao o s (o,5 �s� 0)C C >s Z) 0- m U) 3= m O O 0-0- i � _ ca O o0 HC1vH 0 0 0.� U) U J N = O O w < O ('1 Q ' E L'o � w ��'o-o z aaza°� 0 zQaa° o- mes)nEm¥ope ggoEE7 e 3BFE34A DF- aE1gm4E@ABF � < _0 $� ) 2§ -2 C) ou \\\ 2 E % 7 % R = 3 00 `U) a- - 0 0.k§ > J0 :0ww oocc § E E 2 § a \2f $ 7� G ( 9 P: X E§ 2 a- \ \ 2 �J> \\LU / w� �\\ CO< }Z + 7 \ § < _ 2E b. 2> / 2 ' S® k §\ 2 $ 6= 7 - m q ® 2 =# 2=$ tf 7 0± Lo\ 2 co j @ � � k q k \ 0 = § �\ \ + ) $� U)Lo j k \ E \ ® n ` / 6.- \ & 7 n S CL � / / 2 ® f , \ [ \ \ £ k k �) ƒ \ 6 : 3 E _ _ ° ® § ® ` 12 cn / 0 \ % m _ _ o==@== ' c®E ®®o=o=== �® q _«_® ° o �t�E= Eo2= = exp e m ///J t.»>�=.!° m E �k© _ °\®�oG § to=)t\ Z) T— �\ E ) &&2239( // f\°fƒ5§ . �:=E�_\«{ �> \ E`�ag�ot=e ��oot�¥ �2��2°O 2 §ate_® __ /o § S.§/E/=f\f© a%% R>� eo=>o E= C-) U) t� a>02 �_ #-==e�=o�E�e= ee$fa 0)m 30 C—) Cf) o= =.0 C-)a)��o==? 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E m E c >0 �.�a) E m �_0 0 m ° m �Q.� a) cmi o m > �~ m >. m co �U �� 0 -0 m 0') m U m — o m E 0� m= C) C) 0 0 z � � c1 m 0 a> cin o °���U o � 0 o � o m ofLn-0 mY E✓_ c m c m c 0 0.� U LO -0 cU ? o °�� o > o m E-0Lo LoOo OU o �� �� c �� `� Z �c 0.— o� T�� -- O� E Lu 0 m —— m Z Qm — c O m U Q fn m C-) m m �-0 cO m� o E S o c (, N (t7 .O O a) m 0 -O m -0 > _ L U V O ._ LO m u) O E m m 'c O) am+ U O) E� O U c -0 Q' N_ O in a) j c0 �_ a) a) U +m-' E U .� T N— 7 +� a) C O U a) U7 O U a) O U O �-O O i6 .� N -O N -O E .c 0- m c N— Q O N c -\O O a) E N m O2 -6 cn m-0 m U N i m .�) N U - w E — E O U_ Q E p c O U m Q >O c0 > a) 0 0 i 7 O a) co m m= c O E c m o o O O 7 U U �_ a) U O it7 Q c0 )> m �, c O) -0 O — U -O . a) 7 Lf)i '� O-0 N O N Q c O a) -O ) U O m c fn C-) c O m U c c '� U m N a) .O '� m a) 0 0.0 O O j U ao Q m -O U O a) L(7 U U O m i N E >� 0 7 rn �' 0 E O m E O m c m' m O E c c a) 0 m aj c O C E i� a) � Q —O 7 0 U 0 O ;� 7 m c .� 7 a) 7 a) m U O a) O -O O -O '0 16 u) O U u) a) Q Q i6 '— O U N O O- O 7 rn c >,'c ' N Q.O U rn m 7-aH O mL E (6 E O a) m c m 0 c E a) E Q N a) LO a) m E —'O O) -Fof(n mULo O m(DQ U N- .— ma` (n 2 E -o 2 QmQ DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF U00 ) 0 LL m 7 i N 0 (6 0— i O N N C N N 0 0 .� L 0 0 O U U� Z- o rn U) c — m o U) m O O -E Q m (6 .; O T- U) E + O U 7 7 J O u C)m OCL - O O) 0 (6 + N o 0 o C p (6 E E 0 O U .2 EEa>u,� N N (6 U � O O N 7 7 N E U C � � (6 O N a c� O w a C9 z w O CL LU 0 z a c� z R O F- E O z O F- F- LL - F - LL O 0 z W DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF RESOLUTION NO. 4421 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT 2019-00001 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL (CC) TO HIGH DENSITY RESIDENTIAL (HDR) FOR THE PROPERTIES LOCATED AT 1042 SAN JUAN STREET AND 1052 SAN JUAN STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for General Plan Amendment (GPA) 2019-00001 and Design Review (DR) 2019-00019 was filed by Baray Karim of 7 Design+Development on behalf of Christopher Kellstrom requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and to allow the construction of two (2) duplex buildings, one (1) detached single family residence and preserve an existing single family residential historic resource on a 18,857 square foot site located at 1042 San Juan Street. 1052 San Juan Street is included in this application by the City of Tustin for General Plan consistency and amendment only; no construction is proposed at 1052 San Juan Street; B. That the subject properties were pre -zoned as Multiple Family Residential (R3 2000) and designated as Multiple -Family Residential (MF) under the General Plan Land Use description prior to annexation to the City of Tustin from the County of Orange in 1978; C. That the subject properties' designation of Multiple -Family Residential was then changed to Community Commercial (CC) during a comprehensive General Plan Update which was approved by the City Council on February 9, 1994, through the adoption of Resolution No. 94-19; D. That the subject properties have been used for residential purposes, and the proposed GPA would be consistent with the current use and zoning of the property and consistent with the use, zoning, and General Plan Land Use designation of other properties on San Juan Street; E. That the City conducted a ninety (90) day consultation period on the project with California Native American Tribes pursuant to Government Code Sections 65351 and 65352.3; F. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project. Since it identified potential significant impacts can be reduced to a level of insignificance with DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4421 Page 2 mitigation measures, a draft Mitigated Negative Declaration (MND) was prepared; G. That a Notice of Intent to Adopt an MND was published and the MND and Initial Study were made available for a 20 -day public review and comment period from January7, 2021 to January 27, 2021, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; H. That a public hearing was duly called, noticed, and held for GPA 2019-00001 and DR 2019-00019 on February 9, 2021, by the Planning Commission; That the Planning Commission considered the Initial Study, the MND, and Mitigation Monitoring and Reporting Program and recommended that the City Council find them adequate for GPA 2019-00001 and DR 2019-00019; and J. That the proposed GPA 2019-00001 is consistent with the following General Plan Land Use goals and policies: 1. Policy 1.1: Permit compatible multi -family development to meet regional housing needs where best suited from the standpoint of current development, accessibility, transportation and public facilities. 2. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. 3. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. 4. Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods, and safeguard neighborhoods from intrusion by non- conforming and disruptive uses. 5. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. 6. Policy 6.6: Improve the overall quality of Tustin's multi -family neighborhoods through: a) improved buffers between multi -family residences and adjacent freeway edges, commercial and industrial uses; b) provision of usable private and common open space in multi -family projects; c) increased code enforcement; and d) improved site, building, and landscape design. 7. Policy 10.3: Encourage outdoor pedestrian spaces, such as courtyards, arcades and open landscaped passages, to be integrated into new development. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4421 Page 3 The Planning Commission hereby recommends that the City Council approve GPA 2019-00001 authorizing a change to the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) for the properties located at 1042 San Juan Street and 1052 San Juan Street as identified in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 9th day of February, 2021. tE by: ";Vj , d-. 00&&W, 45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) DocuSigned by: -11t D3273B6D898A43D... AMY MASON Chairperson I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4421 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of February, 2021. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: tE by: ";Vj , d. 00&&W, 45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Chu, Jha, Kozak, Mason (4) DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF EXHIBIT A RESOLUTION NO. 4421 Existing General Plan - CC Proposed General Plan - HDR DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF RESOLUTION NO. 4422 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE DESIGN REVIEW 2019-00019 FOR CONSTRUCTION OF TWO (2) DUPLEXES BUILDINGS, ONE (1) DETACHED SINGLE FAMILY RESIDENCE AND PRESERVE AN EXISTING SINGLE FAMILY RESIDENTIAL HISTORIC RESOURCE ON AN APPROXIMATELY 18,857 SQUARE FOOT SITE LOCATED AT 1042 SAN JUAN STREET. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for General Plan Amendment (GPA) 2019-00001 and Design Review (DR) 2019-00019 was filed by Baray Karim of 7 Design+Development on behalf of Christopher Kellstrom requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and to allow the construction of two (2) duplex buildings, one (1) detached single family residence and preserve an existing single family residential historic resource on the site at 1042 San Juan Street. 1052 San Juan Street is included in this application by the City of Tustin for General Plan consistency and amendment only; no construction is proposed at 1052 San Juan Street; B. That the property is zoned as Community Commercial (CC) and the applicant proposes to amend the General Plan Land Use Designation to High Density Residential (HDR) under GPA 2019-00001. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element; C. That the existing residence at the subject property is identified in the City's 1990 Historical Survey as a "B" rated structure and is listed with a National Register Historic Preservation (NRNP) Status Code 5S3 in the City's 2003 Update to the Historical Resources Survey. The project proposal includes the preservation of the existing historic residence and the proposed conditions of approval will protect the historic resource from damage during construction; D. That Tustin City Code Section 9272 requires applicants to obtain Design Review approval prior to issuance of building permits for all new structures; E. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded that with mitigation measures, there is no substantial evidence that the project may have a DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4422 Page 2 significant effect on the environment, and a Draft Mitigated Negative Declaration (MND) was prepared; F. That a Notice of Intent to Adopt an MND was published and the MND and Initial Study were made available for a 20 -day public review and comment period from January 7, 2021, to January 27, 2021, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; G. That a public hearing was duly called, noticed, and held for GPA 2019-00001 and DR 2019-00019, on February 9, 2021, by the Planning Commission; H. That the Planning Commission considered the Initial Study, the MND, and the MMRP and recommended that the City Council find them adequate for GPA 2019-00001 and DR 2019-00019. That the Planning Commission considered GPA 2019-00001 and recommended that the City Council approve the request to amend the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) for the properties located at 1042 San Juan Street and 1052 San Juan Street; That the project at 1042 San Juan Street meets the development standards of the Multiple -Family Residential (R3 2000) zoning district; K. That the location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that there are existing two (2) and three (3) story residences in the area of a similar massing and scale. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. That the proposed project would not negatively impact the historic resource on the site and the resource will retain its integrity and ability to convey its historic significance. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Chimneys and roof structures. 7. Landscaping, parking area design and traffic circulation. As proposed, DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4422 Page 3 the new buildings would have a single point of entry from the alley. 8. Location, height and standards of exterior illumination. 9. Location and method of refuse storage. 10. Physical relationship of proposed structures to existing structures in the neighborhood. Multiple family dwellings inclusive of apartments are prevalent in the neighborhood and allowed by the applicable zoning. That the project would result in construction of parkway improvements within the public right-of-way in that the existing driveway on San Juan would be removed and the curb, gutter and parkway would be reconstructed and landscaped as part of the project. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The subject property is currently developed with a single- family dwelling constructed in 1907, and the proposal would result in a net increase of five (5) dwelling units. 12. Development guidelines and criteria as adopted by the City Council. The Planning Commission hereby recommends that the City Council approve DR 2019-00019 authorizing the construction of two (2) duplex buildings and a detached single-family residential structure and preservation of an existing single- family residential historic resource at 1042 San Juan Street subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 9th day of February, 2021. DocuSign/e�dd by: _11t D3273B6D898A43D... AMY MASON E3 d_ by: t45DA2623B54A5... d 00&Chairperson JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Resolution No. 4422 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, JUSTINA L. WILLKOM, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4422 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of February, 2021. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: tE by: ";Vj , d-. 00&&W, 45DA2623B54A5... JUSTINA L. WILLKOM Planning Commission Secretary Chu, Jha, Kozak, Mason (4) DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF EXHIBIT A CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT 2019-00001 DESIGN REVIEW 2019-00019 1042 SAN JUAN STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 9, 2021, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Design Review (DR) 2019-00019 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of General Plan Amendment (GPA) 2019-00001 and DR 2019- 00019 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of GPA 2019-00001 and DR 2019-00019 the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition (1) 1.8 Approval of DR 2019-00019 is contingent upon City Council approval of GPA 2019-00001. MITIGATION MONITORING AND REPORT PROGRAM (1) 2.1 The project shall comply with the Mitigation Monitoring and Reporting Program (Planning Commission Resolution No. 4420) USE RESTRICTIONS (1) 3.1 The project shall consist of two (2) three (3) -story duplexes with attached two (2) -car garages, one (1) two (2) -story detached residential unit with attached two (2) -car garage, and the preservation of one (1) existing one (1) story single-family dwelling unit which is designated as a historic resource in the City of Tustin and a detached two (2) -car garage. The project also includes 1,900 square feet of common open space and thirty- six percent (36%) overall landscaped area and private open space for each residential unit. (5) 3.2 No residential unit on the project site may be individually sold unless the City approves a Tract Map pursuant to the Subdivision Map Act. (2) 3.3 During construction activities, the property owner shall protect the existing historic resource from physical damage as identified in the mitigation measures in the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) prepared for the project. Plans submitted shall include these measures to be taken to adequately protect the historic resource from physical damage during all construction phases. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 (3) 3.4 All parking spaces shall be maintained as shown on the approved plans. Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Community Development Director. (1) 3.5 Unless otherwise agreed by the City in its sole discretion, the property within the development shall not be privately gated. (1) 3.6 No outdoor storage shall be permitted during grading or building stages except as approved by the Community Development Director. (1) 3.7 Individual trash cart service may be provided on the site. Trash carts shall be placed only in the locations identified on an approved "Trash Pick-up Plan" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. (4) 3.8 The project shall continuously maintain a minimum of three hundred (300) square feet of open space recreation area per dwelling unit within a common designated recreation area and a minimum of one hundred (100) square feet of private open space. Private attached ground level patios may be credited toward the open space requirement if open on three (3) sides. In addition, thirty-five percent (35%) of the project site shall be dedicated to landscape open space. (1) 3.9 All activities shall comply with the City's Noise Ordinance. (1) 3.10 All utility services serving the site shall be installed and maintained underground. (1) 3.11 Design and construction of all on-site and off-site developer required public infrastructure and utility systems shall be constructed prior to issuance of the first Certificate of Occupancy. (1) 3.12 Garages shall be available for the parking of vehicles. Storage of personal items may occur in a garage only to the extent that such storage does not impede vehicle parking nor reduce the number or required minimum size of the required garage space. ARCHITECTURE (4) 4.1 Project materials shall comply with those identified in the approved plans. Color and material samples shall be submitted to the Community Development Department at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 (4) 4.2 All exterior windows and doors shall be articulated with trim complementary to the architectural style of the residence. Window frames and mullions/muntins shall be of a rich color characteristic of the proposed architectural styles to provide contrast. 4.3 Balcony and roof run-off shall be integrated into the building structure and storm drain system. Roof drainage on the duplex structures shall be adequately addressed such that pooling does not occur on or between the roof and balcony drain water shall not drain down the side of balconies and/or building exterior. (4) 4.4 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers, if needed, shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (1) 4.5 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments subject to the review and approval of the Community Development Department. LANDSCAPE/HARDSCAPE (1,6) 5.1 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. The plans shall include the following: A. Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. B. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. C. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. D. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 E. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. F. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. G. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. H. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. J. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. K. Landscaping at the project entry shall not limit sight distance of vehicles and pedestrians entering and exiting the site. (4) 5.2 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible. (1,6) 5.3 Prior to issuance of a certificate of occupancy, the applicant shall install landscaping and irrigation in accordance with the approved landscape plans. The property owner shall be responsible for maintaining landscaping in accordance with the approved landscape plans. Dead plants shall be replaced by the property owner with the same species type and size identified in the approved landscape plans. (1,6) 5.4 The project shall comply with the City's Water Efficient Landscape Ordinance and any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation methods. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 PLAN SUBMITTAL (4) 6.1 Applicant and owner are responsible for ensuring that information contained in construction drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings. (3) 6.2 Plans and notes submitted for building permits shall reflect and reference 2019 California Codes. (3) 6.3 New construction shall comply with California Green Building, sections 4.106.4.1 to facilitate future installation and use of EV chargers. Electrical Vehicle Supply Equipment (EVSE) shall be installed in accordance with California Electrical Code, Article 625. For each dwelling unit install a listed raceway to accommodate a 208/240 V branch circuit. (3) 6.4 In accordance with the Transportation Noise Analysis prepared by Seavey Acoustics dated October 14, 2020, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. (3) 6.5 Plans submitted by applicant shall comply with California Energy Code, section 110.10, Mandatory Requirements for Solar Ready Buildings. (2) 6.6 Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the Tustin Security Code, which requires a minimum one foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. (2) 6.7 Prior to issuance of a building permit, the applicant or responsible party shall submit a fire sprinkler system (service codes PR400-PR465) to the Orange County Fire Authority (OCFA) for review. Approval shall be obtained prior to the issuance of building permits. PUBLIC WORKS DEPARTMENT 7.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. 7.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. 7.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of two - thousand -seven -hundred dollars ($2,700.00) to the Public Works Department for the estimated cost of reviewing the WQMP. 7.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk -Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. 7.5 The applicant shall submit to the Public Works Department 24" x 36" reproducible public improvement plans, as prepared by a California Registered Civil Engineer, for review and approval. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalk adjacent to the site. 7.6 The applicant shall remove the existing residential driveway apron and design and construct full height curb & gutter, sidewalk, and parkway landscape per the City's Standards. 7.7 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. 7.8 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City public water facilities affected by the proposed project. 7.9 Prior to issuance of any permit, the applicant shall provide written release/approval from the East Orange County Water District (EOCWD) for the sewer and water connections. 7.10 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. 7.11 If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 7.12 If a building sprinkler system is required by the OCFA, the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. 7.14 Prior to issuance of a Building Permit, payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1st of each year. 7.15 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) 1. The applicant will be required to submit a fifty -dollars ($50.00) application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. 2. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". ORANGE COUNTY FIRE AUTHORITY 8.1 Landscaping shall be designed and installed so as not to impede OCFA department laddering of the building for stories higher than the first floor. FEES (1) 9.1 Prior to issuance of each building permit, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. B. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. C. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. DocuSign Envelope ID: 10EE7E12-BFEC-4ADF-853B-154084ED1ABF Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 D. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. E. Water and sewer connection fees to the Irvine Ranch Water District. F. New residential construction fees in the amount of three -hundred -fifty dollars ($350.00) per unit plus one -hundred dollars ($100.00) for each bedroom over one (1) in each unit. G. School facilities fee in the amount as required by Tustin Unified School District. (1) 9.2 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. ATTACHMENT I CITY COUNCIL RESOLUTION 21-13 GPA 2019-00001 RESOLUTION NO. 21-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 2019-00001 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMUNITY COMMERCIAL (CC) TO HIGH DENSITY RESIDENTIAL (HDR) FOR THE PROPERTIES LOCATED AT 1042 SAN JUAN STREET AND 1052 SAN JUAN STREET. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for General Plan Amendment (GPA) 2019-00001 and Design Review (DR) 2019-00019 was filed by Baray Karim of 7 Design+Development on behalf of Christopher Kellstrom requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and to allow the construction of two (2) duplex buildings, one (1) detached single family residence and preserve an existing single family residential historic resource on a 18,857 square foot site located at 1042 San Juan Street. 1052 San Juan Street is included in this application by the City of Tustin for General Plan consistency and amendment only; no construction is proposed at 1052 San Juan Street; B. That the subject properties were pre -zoned as Multiple Family Residential (R3 2000) and designated as Multiple -Family Residential (MF) under the General Plan Land Use description prior to annexation to the City of Tustin from the County of Orange in 1978; C. That the subject properties' designation of Multiple -Family Residential was then changed to Community Commercial (CC) during a comprehensive General Plan Update which was approved by the City Council on February 9, 1994, through the adoption of Resolution No. 94-19; D. That the subject properties have been used for residential purposes, and the proposed GPA would be consistent with the current use and zoning of the property and consistent with the use, zoning, and General Plan Land Use designation of other properties on San Juan Street; E. That the City conducted a ninety (90) day consultation period on the project with California Native American Tribes pursuant to Government Code Sections 65351 and 65352.3; F. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project. Since it identified potential significant impacts can be reduced to a level of insignificance with Resolution No. 21-13 Page 2 mitigation measures, a draft Mitigated Negative Declaration (MND) was prepared; G. That a Notice of Intent to Adopt an MND was published and the MND and Initial Study were made available for a 20 -day public review and comment period from January 7, 2021 to January 27, 2021, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; H. That a public hearing was duly called, noticed, and held for GPA 2019-00001 and DR 2019-00019 on February 9, 2021, by the Planning Commission; That the Planning Commission adopted Resolution No. 4421, recommending that the City Council approve GPA 2019-00001 to amend the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) for the properties located at 1042 San Juan Street and 1052 San Juan Street; J. That a public hearing was duly called, noticed, and held on said application on March 2, 2021, by the City Council; K. That the proposed GPA 2019-00001 is consistent with the following General Plan Land Use goals and policies: 1. Policy 1.1: Permit compatible multi -family development to meet regional housing needs where best suited from the standpoint of current development, accessibility, transportation and public facilities. 2. Policy 1.7: As part of the City's attraction to business and industry, provide adequate sites to house future employees. 3. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. 4. Policy 4.6: Maintain and enhance the quality of healthy residential neighborhoods, and safeguard neighborhoods from intrusion by non- conforming and disruptive uses. 5. Policy 6.2: Encourage and promote high quality design and physical appearance in all development projects. 6. Policy 6.6: Improve the overall quality of Tustin's multi -family neighborhoods through: a) improved buffers between multi -family residences and adjacent freeway edges, commercial and industrial uses; b) provision of usable private and common open space in Resolution No. 21-13 Page 3 multi -family projects; c) increased code enforcement; and d) improved site, building, and landscape design. 7. Policy 10.3: Encourage outdoor pedestrian spaces, such as courtyards, arcades and open landscaped passages, to be integrated into new development. II. The City Council hereby approves GPA 2019-00001 authorizing a change to the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) for the properties located at 1042 San Juan Street and 1052 San Juan Street as identified in Exhibit A attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of March, 2021. LETITIA CLARK MAYOR ATTEST: ERICA N. YASUDA CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) ERICA N. YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 21-13 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of March, 2021, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA CITY CLERK EXHIBIT A RESOLUTION NO. 21-13 Existing General Plan - CC Proposed General Plan - HDR ATTACHMENT J CITY COUNCIL RESOLUTION 21-14 DR 2019-00019 RESOLUTION NO. 21-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING DESIGN REVIEW 2019-00019 FOR CONSTRUCTION OF TWO (2) DUPLEXES BUILDINGS, ONE (1) DETACHED SINGLE FAMILY RESIDENCE AND PRESERVATION OF AN EXISTING SINGLE FAMILY RESIDENTIAL HISTORIC RESOURCE ON AN APPROXIMATELY 18,857 SQUARE FOOT SITE LOCATED AT 1042 SAN JUAN STREET. The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: A. That a proper application for General Plan Amendment (GPA) 2019-00001 and Design Review (DR) 2019-00019 was filed by Baray Karim of 7 Design+Development on behalf of Christopher Kellstrom requesting authorization to change the General Plan Land Use Designation from Community Commercial (CC) to High Density Residential (HDR) and to allow the construction of two (2) duplex buildings, one (1) detached single family residence and preserve an existing single family residential historic resource on the site at 1042 San Juan Street. 1052 San Juan Street is included in this application by the City of Tustin for General Plan consistency and amendment only; no construction is proposed at 1052 San Juan Street; B. That the property is zoned as Multiple Family Residential (R3-2000) and is designated as Community Commercial (CC) by the Tustin General Plan. The applicant proposes to amend the General Plan Land Use Designation to High Density Residential (HDR) under GPA 2019-00001. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element; C. That the existing residence at the subject property is identified in the City's 1990 Historical Survey as a "B" rated structure and is listed with a National Register Historic Preservation (NRNP) Status Code 5S3 in the City's 2003 Update to the Historical Resources Survey. The project proposal includes the preservation of the existing historic residence and the proposed conditions of approval will protect the historic resource from damage during construction; D. That Tustin City Code Section 9272 requires applicants to obtain Design Review approval prior to issuance of building permits for all new structures; E. That City staff prepared an Initial Study to evaluate the potential environmental impacts associated with the project which concluded that with mitigation measures, there is no substantial evidence that the project may have a Resolution No. 21-14 Page 2 significant effect on the environment, and a Draft Mitigated Negative Declaration (MND) was prepared; F. That a Notice of Intent to Adopt an MND was published and the MND and Initial Study were made available for a 20 -day public review and comment period from January 7, 2021, to January 27, 2021, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; G. That a public hearing was duly called, noticed, and held for GPA 2019-00001 and DR 2019-00019, on February 9, 2021, by the Planning Commission; H. That the Planning Commission adopted Resolution No. 4422, recommending that the City Council approve DR 2019-00019 for building design and site layout for two (2) duplexes and one (1) single family residence and the preservation of an existing single-family historic resource at 1042 San Juan Street; That a public hearing was duly called, noticed, and held on said application on March 2, 2021, by the City Council; J. That the project at 1042 San Juan Street meets the development standards of the Multiple -Family Residential (R3 2000) zoning district; K. That the location, size, and general appearance of the proposed project as conditioned is compatible with the surrounding area in that there are existing two (2) and three (3) story residences in the area of a similar massing and scale. The proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the City Council has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. That the proposed project would not negatively impact the historic resource on the site and the resource will retain its integrity and ability to convey its historic significance. 3. Exterior material and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Chimneys and roof structures. 7. Landscaping, parking area design and traffic circulation. As proposed, the new buildings would have a single point of entry from the alley. Resolution No. 21-14 Page 3 8. Location, height and standards of exterior illumination. 9. Location and method of refuse storage. 10. Physical relationship of proposed structures to existing structures in the neighborhood. Multiple family dwellings inclusive of apartments are prevalent in the neighborhood and allowed by the applicable zoning. That the project would result in construction of parkway improvements within the public right-of-way in that the existing driveway on San Juan would be removed and the curb, gutter and parkway would be reconstructed and landscaped as part of the project. 11. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The subject property is currently developed with a single- family dwelling constructed in 1907, and the proposal would result in a net increase of five (5) dwelling units. 12. Development guidelines and criteria as adopted by the City Council. The City Council hereby approves DR 2019-00019 authorizing the construction of two (2) duplex buildings and a detached single-family residential structure and the preservation of an existing single-family residential historic resource at 1042 San Juan Street subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 2nd day of March, 2021. LETITIA CLARK MAYOR ATTEST: ERICA N. YASUDA CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) Resolution No. 21-14 Page 4 ERICA N. YASUDA, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 21-14 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of March, 2021, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: ERICA N. YASUDA, CITY CLERK EXHIBIT A CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT 2019-00001 DESIGN REVIEW 2019-00019 1042 SAN JUAN STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 2, 2021, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code (TCC). (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Design Review (DR) 2019-00019 shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of General Plan Amendment (GPA) 2019-00001 and DR 2019- 00019 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Community Development Director, and evidence of recordation shall be provided to the Community Development Department. 1.5 Any violation of any of the conditions imposed is subject to issuance of an administrative citation pursuant to TCC 1162(a). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of GPA 2019-00001 and DR 2019-00019 the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition (1) 1.8 Approval of DR 2019-00019 is contingent upon City Council approval of GPA 2019-00001. MITIGATION MONITORING AND REPORT PROGRAM (1) 2.1 The project shall comply with the Mitigation Monitoring and Reporting Program (City Council Resolution No. 21-12) USE RESTRICTIONS (1) 3.1 The project shall consist of two (2) three (3) -story duplexes with attached two (2) -car garages, one (1) two (2) -story detached residential unit with attached two (2) -car garage, and the preservation of one (1) existing one (1) story single-family dwelling unit which is designated as a historic resource in the City of Tustin and a detached two (2) -car garage. The project also includes 1,900 square feet of common open space and thirty- six percent (36%) overall landscaped area and private open space for each residential unit. (5) 3.2 No residential unit on the project site may be individually sold unless the City approves a Tract Map pursuant to the Subdivision Map Act. (2) 3.3 During construction activities, the property owner shall protect the existing historic resource from physical damage as identified in the mitigation measures in the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) prepared for the project. Plans submitted shall include these measures to be taken to adequately protect the historic resource from physical damage during all construction phases. Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 (3) 3.4 All parking spaces shall be maintained as shown on the approved plans. Any changes to the number, location, or size of parking spaces shall be reviewed and approved by the Community Development Director. (1) 3.5 Unless otherwise agreed by the City in its sole discretion, the property within the development shall not be privately gated. (1) 3.6 No outdoor storage shall be permitted during grading or building stages except as approved by the Community Development Director. (1) 3.7 Individual trash cart service may be provided on the site. Trash carts shall be placed only in the locations identified on an approved "Trash Pick-up Plan" up to twelve (12) hours prior to regularly scheduled trash collection and shall be removed within twelve (12) hours of trash collection. (4) 3.8 The project shall continuously maintain a minimum of three hundred (300) square feet of open space recreation area per dwelling unit within a common designated recreation area and a minimum of one hundred (100) square feet of private open space. Private attached ground level patios may be credited toward the open space requirement if open on three (3) sides. In addition, thirty-five percent (35%) of the project site shall be dedicated to landscape open space. (1) 3.9 All activities shall comply with the City's Noise Ordinance. (1) 3.10 All utility services serving the site shall be installed and maintained underground. (1) 3.11 Design and construction of all on-site and off-site developer required public infrastructure and utility systems shall be constructed prior to issuance of the first Certificate of Occupancy. (1) 3.12 Garages shall be available for the parking of vehicles. Storage of personal items may occur in a garage only to the extent that such storage does not impede vehicle parking nor reduce the number or required minimum size of the required garage space. ARCHITECTURE (4) 4.1 Project materials shall comply with those identified in the approved plans. Color and material samples shall be submitted to the Community Development Department at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 (4) 4.2 All exterior windows and doors shall be articulated with trim complementary to the architectural style of the residence. Window frames and mullions/muntins shall be of a rich color characteristic of the proposed architectural styles to provide contrast. 4.3 Balcony and roof run-off shall be integrated into the building structure and storm drain system. Roof drainage on the duplex structures shall be adequately addressed such that pooling does not occur on or between the roof and balcony drain water shall not drain down the side of balconies and/or building exterior. (4) 4.4 All mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. Electrical transformers, if needed, shall be located toward the interior of the project to minimize visual impacts and screened by adequate landscaping or other effective screening devices. (1) 4.5 On-site walls and fences shall be noted on the plans with specific materials, colors, and decorative treatments subject to the review and approval of the Community Development Department. LANDSCAPE/HARDSCAPE (1,6) 5.1 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. The plans shall include the following: A. Include a summary table identifying plan materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. B. Show planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. C. Show all property lines on the landscaping and irrigation plans, public right-of-way areas, sidewalk widths, parkway areas, and wall locations. D. The Community Development Department may request minor substitutions of plant materials or request additional sizing or quantity of materials during plan check. Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 E. Add a note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. F. A combination of planting materials shall be used. On large areas, ground cover alone is not acceptable. G. Shrubs shall be a minimum of five (5) gallon size and shall be placed a maximum of five (5) feet on center. Other sizes and spacing may be permitted subject to approval of the Community Development Department. H. Ground cover shall be planted eight (8) to twelve (12) inches on center, or as approved by the Community Development Department. Fences, wall, and equipment areas shall be screened with walls, vines, and/or trees. J. All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. K. Landscaping at the project entry shall not limit sight distance of vehicles and pedestrians entering and exiting the site. (4) 5.2 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to a building. Landscaping shall be utilized to screen the devices where possible. (1,6) 5.3 Prior to issuance of a certificate of occupancy, the applicant shall install landscaping and irrigation in accordance with the approved landscape plans. The property owner shall be responsible for maintaining landscaping in accordance with the approved landscape plans. Dead plants shall be replaced by the property owner with the same species type and size identified in the approved landscape plans. (1,6) 5.4 The project shall comply with the City's Water Efficient Landscape Ordinance and any Executive Orders issued from the Governor of the State of California pertaining to water conservation and irrigation methods. Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 PLAN SUBMITTAL (4) 6.1 Applicant and owner are responsible for ensuring that information contained in construction drawings is consistent among architectural, structural, grading, electrical, mechanical, plumbing, fire, utility and public improvement plans as well as other construction drawings. (3) 6.2 Plans and notes submitted for building permits shall reflect and reference 2019 California Codes. (3) 6.3 New construction shall comply with California Green Building, sections 4.106.4.1 to facilitate future installation and use of EV chargers. Electrical Vehicle Supply Equipment (EVSE) shall be installed in accordance with California Electrical Code, Article 625. For each dwelling unit install a listed raceway to accommodate a 208/240 V branch circuit. (3) 6.4 In accordance with the Transportation Noise Analysis prepared by Seavey Acoustics dated October 14, 2020, all units shall be constructed with appropriate sound attenuation to achieve the minimum noise level standards pursuant to the City's Noise standards. (3) 6.5 Plans submitted by applicant shall comply with California Energy Code, section 110. 10, Mandatory Requirements for Solar Ready Buildings. (2) 6.6 Prior to the issuance of building permits, the applicant shall submit a photometric lighting plan showing compliance with the Tustin Security Code, which requires a minimum one foot-candle of light on the private drives and parking surfaces and a minimum of one-quarter foot-candle of light on the walking surfaces. The lighting plan is to be overlaid onto a tree landscape plan. (2) 6.7 Prior to issuance of a building permit, the applicant or responsible party shall submit a fire sprinkler system (service codes PR400-PR465) to the Orange County Fire Authority (OCFA) for review. Approval shall be obtained prior to the issuance of building permits. PUBLIC WORKS DEPARTMENT 7.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. 7.2 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). The Priority WQMP shall identify: the implementation of BMPs, the assignment of long-term maintenance Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. 7.3 Prior to submittal of a WQMP, the applicant shall submit a deposit of two - thousand -seven -hundred dollars ($2,700.00) to the Public Works Department for the estimated cost of reviewing the WQMP. 7.4 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk -Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. 7.5 The applicant shall submit to the Public Works Department 24" x 36" reproducible public improvement plans, as prepared by a California Registered Civil Engineer, for review and approval. Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalk adjacent to the site. 7.6 The applicant shall remove the existing residential driveway apron and design and construct full height curb & gutter, sidewalk, and parkway landscape per the City's Standards. 7.7 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. 7.8 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City public water facilities affected by the proposed project. 7.9 Prior to issuance of any permit, the applicant shall provide written release/approval from the East Orange County Water District (EOCWD) for the sewer and water connections. 7.10 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. 7.11 If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 7.12 If a building sprinkler system is required by the OCFA, the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. 7.14 Prior to issuance of a Building Permit, payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 1 st of each year. 7.15 Construction and Demolition Waste Recycling and Reduction Plan (WRRP) 1. The applicant will be required to submit a fifty -dollars ($50.00) application fee and a cash security deposit in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. 2. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". ORANGE COUNTY FIRE AUTHORITY 8.1 Landscaping shall be designed and installed so as not to impede OCFA department laddering of the building for stories higher than the first floor. FEES (1) 9.1 Prior to issuance of each building permit, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees to the Community Development Department based on the most current schedule at the time of permit issuance. B. Engineering plan check and permit fees to the Public Works Department based on the most current schedule at the time of permit issuance. C. OCFA plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. Conditions of Approval GPA 2019-0001 / DR 2019-00019 Page 3 D. Payment of Major Thoroughfare and Bridge Fees to the Tustin Public Works Department are required at the time a building permit is issued. E. Water and sewer connection fees to the Irvine Ranch Water District. F. New residential construction fees in the amount of three -hundred -fifty dollars ($350.00) per unit plus one -hundred dollars ($100.00) for each bedroom over one (1) in each unit. G. School facilities fee in the amount as required by Tustin Unified School District. (1) 9.2 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. ATTACHMENT K CORRESPONDENCE FROM TONY LAM FEBRUARY 27, 2021 LANDMARK 3T LLC/TONY LAM 9741 Bolsa Avenue, Suite 201 Westminster, Ca 92683 February 27, 2021 City of Tustin, California Attn: City Councils and Planning Commissioners RE: Development project at 1042 San Juan Street, Tustin, Ca Dear Councils and Planning Commissioners, I am Tony Lam, new owner of the above indicated property. l am writing this letter to inform you that I just officially acquired this property on February 17, 2021. 1 bought it with intention to move forward with the project that currently is approved by planning commissioners subject to final council approval. The reason I decided to invest in this project because it has excellent design and located at a beautiful location in Tustin City. This project definitely will help housing shortage and will add many other pluses. I am small investor and developer who have finished many projects at similar scale to this project. I promise the project (with final council approval) will be built at highest standards according to City's expectation and requirements. I hope the project will be approved by councils on March 02, 2021. 1 plan to get started to build right away and assume of the responsibility for the application/project. I will make sure that the historical unit will be preserved during the construction. In order to make sure the project goes smoothly, 1 will continue to work with architect and consultants who have been involved in the project. I am looking forward to hear final approval from Councils. Please inform me if you have any issues that require me to follow up. I can be reached at (714) 829-5121; tlam@tonyiamcpa.com. Best Regards T�vr UMANG NOTARY PUt ORAP4, ORANy X s,3 Tony Lam__.___._ __. CAL]PvRNIA AU -PURPOSE ACKNOWLEDGEMENT A sawiry pubic or other officer mpleft db wdficate woes only the identity tithe indMdual who StSW At dopment to wbkh this M4*0" is attached, and not the tru6fWnw, ROMM, Or Vabolty of "t document State of California County of Orange on o, -,p ore me _'angLS-4=j-V-a, Notary Public, I.Luj& �bef VM personally appeared wbo proved to me on the basis satisfactory evidence to be the person j) whose name( #!s(a�e subscribed to the within &� instrument and acknowledged to me that/se/thy executed the same in , hi hr/th4r authorized capacity(ij!), and that by(g/h�r/t�tir signatuile($) on the instrument the person(), or the entities upon behalf of which the person( acted, executed -the instrument. I certify under PENALTY 0FRERJORY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature X,44� (Seal) Na'rne: UmaCl)aranlva, Notary Public My Commission Expires: March i8, 2021 0 U&A G,,.J)RAN ANNA CALIFORNIA ORANGE COUC4T#2183915Y COMM, EX MEaft0h G. DARANNA KIC - CALIFORNA f'-"283 "5 GE COUI&Y XP. March 18, 2021 RECORDING REQUESTED BY: Stewart Title AND WHEN RECORDED MAIL TO: Landmark 3T, LLG 9741 Rolsn.Avenve Westminster... CA 92683 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder 111111 I'l 1111111111111111111111111111111111111111111111111111111111111111110-001111111Q,QQ *$ R 0: 0 1 2 5 3 5 9 1 2: $* 202100011111510:47 am 02/17121 65 RW10A G02 213 737.00 737.00 0.00 0.00 3.00 0.00 0.000.000:00 0.00 True Older No.: 310-20027264-70THIS SPACE FOR RECORDER'S USE ONLY: �CroW NO.: OR 2DQ27i2,IS AM.SM153-18 GRANT DEED THE UNDERSIGNED GRANTOR(S) DECLARE($)' DOCUMENTARYTRAN$FERTAx k $1,474.00 P(I computed on full value of property conveyed, or [ I computed an toll value less Value of liens or encumbrances remaining at time of agile. [ I Unint;orporabed arm Pq City of Tustin AND FOR A VALUABLE CONSIDERATION, recei of which is herebyadmowied Exempt' ibe er GC 2 'o (a) with" recorded concurrently "in Connection wI#h" Christopher Kellsolrom, a Married Alin, as his sole and separate property o�meniary tax ( TT)- of hereby GRANT(s) to: Landmark 3T, LLC, a California limited Liability Company the real property in ttte City of Tustin, County of Orme e_ State of California, described as: CO LEGAL DESCRIPTION ATTACHED HEREAS EXHIBIT °A" AND MADE A PART HEREOF Also Known as: 1042 San Juan Street, Tuagft, CA .WN Dated February 11, 2021 145fX: � ICeilstrom public or other officer completing this certifxate vermes only the Identity of the individual who signed the document to - -blit--'- -- officer STATE OF CJLIFORNIA On u 'rry O V before me. tJl6 A Notary Public personally apps who proved to me on the basis of i evidence to persons whose name(s are to a weThin instrument and acknovdedged to me that I`IOMe" executed the same in iils/f�heir authodmd capacity m), and that by hisiherAheir signatures) on the Instrument the pe mw(s), or the entity upon behaN of which the persons) acted, executed the instrument, oar= under PENALTY OF PERJURY under the laws of the State of Califomia that the kregoing paragraph is We and WITNESS my ha and official seal. ° CLIp pLIDE ti a COMM #2395799 •. NOTAR9 PUBLIC - CALIFORNIA 0 swan { LOS ANGELES COUNTY 0 $, RN COMM, EXPIRt S AUG.4, 2023-' MAIL TAX STATEMENTS TO PARTY SHoVM BELOW. IF NO PARTY SHOWN, MAIL AS SHOWN ABOVE: EXHIBIT A Legal Description The land hereinafter referred to is situated in the City of Tustin, County of Orange, State of California, and is described as follows: Lots 8 and 9, in Block "A" of "Martin's Addition to the Town of Tustin City," in the County of Orange, State of Caiifomia, as per Map recorded in Book 19 Page 79 of Miscellaneous Records, in the Office of the County Recorder of Los Angeles County, California.. APN: 508-153-18 Exmbk A Created: 11/10/2024 I CA0310-20027264 70