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Home My WebLink About01 GENL PLAN AMEND & ZONE CHG 10-02-06 AGENDA REPORT Agenda Item 1 Reviewed: City Manager Finance Director N/A MEETING DATE: OCTOBER 2,2006 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: GENERAL PLAN AMENDMENT 06-002 AND ZONE CHANGE 06-001 SUMMARY: The project site is a 1.12-acre site abandoned railroad easement south of the Interstate 5 freeway. A lot line adjustment to merge this site with the adjacent mobile home park was approved on March 15, 1993; however, no official zoning or general plan designation was established at that time. The City Council is requested to approve General Plan Amendment 06-002 and Zone Change 06-001 for development of the site with ten (10) mobile home pads. On September 25, 2005, the Planning Commission conducted a public hearing and recommended approval of the project. APPLICANT/OWNER: New Villa Valencia Mobile Estates c/o Dunex, inc. 1940 W. Orangewood, #209 Orange, CA 92868 RECOMMENDATION: That the City Council: 1. Adopt Resolution No. 06-117 adopting Final Mitigated Negative Declaration for General Plan Amendment 06-002 and Zone Change 06-001; 2. Adopt Resolution No. 06-118 approving General Plan Amendment 06-002 to classify the abandoned railroad easement as Mobile Home Park; and, 3. Conduct a public hearing; introduce and have the first reading of Ordinance No. 1318 approving Zone Change 06-001; and, set for second reading at the Council's next scheduled meeting. FISCAL IMPACT: The requested amendment and zone change are applicant-initiated projects. The applicant has paid applicable fees for the processing of this project. City Council Report October 2, 2006 GPA 06-002, ZC 06-001 Page 2 of 4 BACKGROUND: The project site is a 1.12-acre site, which is a portion of the abandoned railroad easement south of the Interstate 5 freeway. This railway was owned and operated by the Atchison, Topeka and Santa Fe (A TSF) Railway Company until 1984, and the property owner purchased the land from the Irvine Company in June 1998 after the railroad use was abandoned. The site is bounded by Villa Valencia Mobile Home Estates to the north and east, and Laurelwood Planned Community neighborhood to the south and west. The property north of the project site adjacent to the 5 freeway is currently owned by the Laurelwood Homeowners and is utilized as a Recreational Vehicle (RV) parking area (Attachment A - Location Map). Prior to transfer of ownership, in 1993, the Irvine Company submitted a lot line adjustment to merge this site with the adjacent mobile home park, which was approved on March 15, 1993. However no official zoning or general plan designation was assigned to the site at that time. To assign the site with a zoning and land use designation, a general plan and zone change must be considered by the Planning Commission and approved by the City Council. In addition, mobile home park development is subject to approval of a conditional use permit in the Mobile Home Park (MHP) zoning district. On September 25, 2006, the Planning Commission considered the matter (Attachment B - Planning Commission Staff Report) and adopted Resolution No. 4039 recommending that the City Council adopt the Final Mitigated Negative Declaration for the project and approve GPA 06-002 and ZC 06-001 (Attachment C). The Planning Commission subsequently adopted Resolution 4041 approving Conditional Use Permit 05-028 for development of the site with ten mobile home pads pending City Council approval of the general plan amendment and zone change (also provided as Attachment C). DISCUSSION General Plan Amendment and Zone Change As discussed above, no general plan or zoning designation has been assigned to the site; therefore, General Plan Amendment 06-002 and Zone Change 06-001 would provide the site with the required Mobile Home Park land use and zoning designation to ensure its logical development as an expansion of the existing Villa Valencia Mobile Home Estates. Consistent with the City's General Plan policies, the proposed project would provide additional housing opportunities as noted in Goal 1 and Policy 1.3 and of the Housing Element, which encourage providing an adequate supply of housing to meet the needs of a variety of housing types. Site Development Plan The site is situated along the easterly property line of the existing Villa Valencia Mobile Home Estates. The existing park is developed with 148 mobile homes, a 0.22-acre park City Council Report October 2, 2006 GPA 06-002, ZC 06-001 Page 3 of 4 and a community center where the office for the property manager is located. The applicant is proposing to develop the vacant parcel with ten new mobile home pads that are typically 4,170 square feet in area. The proposed development would meet the development standards of the City's Mobile Home Park (MHP) zoning district. With the proposed development a new 6,379 square foot park site is also proposed, which exceeds the City requirements and provides for adequate on-site recreational opportunities. Again, On September 25, 2006, the Planning Commission adopted Resolution No. 4041 approving the development of the site with ten mobile home pads with the condition that the proposed general plan amendment and zone change were approved by the City Council. ENVIRONMENTAL A draft Initial Study and a Mitigated Negative Declaration were prepared for the proposed project and were made available for public review from September 1, 2006 to September 20, 2006. All potential impacts can be reduced to a level of insignificance through mitigation measures, which are included as conditions of approval for the project. Staff has received no written public comments. Resolution No. 06-117 has been prepared for City Council consideration and approval prior to formal action on GPA 06-002 and ZC 06-001 (Attachment D). CONCLUSION A decision to approve the General Plan Amendment 06-002 and Zone Change 06-001 can be supported by the following findings: . The proposed project would provide additional housing opportunities consistent with Goal 1 and Policy 1.3 and of the Housing Element, which encourage providing an adequate supply of housing to meet the need of a variety of housing types and the diverse socio-economic needs of all community residents and preserving affordable housing by maintaining mobile home parks. . The property is surrounded by residential uses and is appropriate for the proposed mobile home park use. . The proposed density of 8.9 units per acre meets the maximum density requirements of ten (10) units per acre of the Mobile Home Park General Plan Designation and zoning code requirements. . The proposed zone change would extend the existing mobile home park zoning onto the adjacent vacant site which can be accessed from the main entrance to the mobile home park, and utilize the existing street system and utilities. . An adequate park site will be provided in accordance with the requirements of Section 9227bh of Tustin City Code. City Council Report October 2, 2006 GPA 06-002, ZC 06-001 Page 4 of 4 Staff recommends that the Tustin City Council approve GPA-06-002 by adopting Resolution 06-118 (Attachment E) and introduce and have first reading of Ordinance No. 1318 approving Zone Change 06-001 (Attachment F). Minoo Ashabi Associate Planner Attachments: A- Project Location B- September 25, 2006, Planning Commission Report C- Planning Commission Resolution 4039 and 4041 D- Resolution No. 06-117 E- Resolution No. 06-118 F- Ordinance No. 1318 Elizabeth A. Binsack Community Development Director ATTACHMENT A Location Map LOCATION MAP ~ W lumr=..~ ...,r~(9~"""VJb)W~:~:-~x, Ir~~ 9Q ~.. ... ~..~ iWITll,~~~' I.~ - , ~--);J )\11 Project No.: GPA 06-002, ZC 06-001, CUP 05-028 . ;~ 'iI 9" -.. ~ ....,.~ .. I. -:;.J ~t I ~~,.~ dd 14092 B . A )101 ~ ,-::' ':.L: "...~\ - _ it?,.J _I...C /;. 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I ,\ >r. ..~. \~ \ i ~ i i t ~ll u " ,: .r ~ J #. /i ~ c.,, "'~ - ~~--...,,,,,. _.;"",.~ ?'..., __.__ .'//1 \ 1.-.. i b Na.!OM ATTACHMENT B September 25, 2006, Planning Commission Report ITEM #2 _~~._~_.T_'",__~~_._'___'''''''''_,"~",,,,,,,,_,,,,,,,____,,,,,,,,_,,__,,-,,,-",--_,_____,,.....,.,""'_,__~,~_ .....~___..--...~___,_~_=_'--~ ....~~. .....~..,_...~__~ .._..._...............____,.....,_~~><.-.. "_,_~_"""___~~__r~._,...,.=>.~=, ........,-""".....-. _..~ ..'..._.-'"'_.~__~_~....__._ ...'__' .,_._.__.~_ _~~~"ti""~*~~~<< '"'1 -----::..~2~~4:~~~i:>j~_:,-~~,,~~_'Th:.:i'W"~:f~'-;{,;S_;",,~"f:;.~~~:~f~__t".:;..~~~,~;1,;~~:f:;:t#;~~;;~.&.&~~~"~ r+ . . {t ~~ 9 DATE: SUBJECT: PROPERTY OWNER: APPLICANT: LOCATION: ZONING: SEPTEMBER 25, 2006 GENERAL PLAN AMENDMENT 06-002, ZONE CHANGE 06-001, CONDITIONAL USE PERMIT 05-028 ATTN: BRIAN ALEX NEW VILLA VALENCIA MOBILE ESTATES C/O DUNEX, INC. 1940 W. ORANGEWOOD, #209 ORANGE, CA 92868 ANDRADE ARCHITECTS ATTN: STAN ANDRADE 2880 SOUTH COAST HIGHWAY LAGUNA BEACH, CA 92651 14092 BROWNING AVENUE CURRENT: UNCLASSIFIED PROPOSED: MOBILE HOME PARK ENVIRONMENTAL STATUS: A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED IN CONFORMANCE WITH THE REQUIREMENTS OF CALIFORNIA PUBLIC RESOURCES CODE ARTICLE 6. REQUEST: AUTHORIZATION TO AMEND THE TUSTIN GENERAL PLAN AND ZONING CODE TO CLASSIFY THE PROPOSED SITE AS MOBILE HOME PARK AND DEVELOP THE SITE WITH TEN (10) MOBILE HOME PADS AS AN EXPANSION OF AN EXISTING MOBILE HOME PARK (VILLA VALENCIA MOBILE HOME ESTATES) RECOMMENDATION That the Planning Commission: · Adopt Resolution No. 4039 recommending that the City Council adopt Final Negative Declaration for General Plan Amendment 06-002 and Zone Change 06- 001; and approve General Plan Amendment 06-002 and Zone Change 06-001; . Adopt Resolution No. 4040 adopting the Final Negative Declaration for Conditional Use Permit 05-028; and, GPA 06-002, ZC 06-001, CUP 05-28 14092 Browning Avenue Page 2 of 6 . Adopt Resolution No. 4041 approving Conditional Use Permit 05-028 to develop the site with ten additional mobile home pads. BACKGROUND The project site is a 1.12-acre site, which is a portion of the abandoned railroad easement south of the Interstate 5 freeway. This railway was owned and operated by the Atchison, Topeka and Santa Fe (ATSF) Railway Company until 1984, and the property owner purchased the land from the Irvine Company in June 1998 after the railroad use was abandoned. The site is bounded by Villa Valencia Mobile Home Estates to the north and east and Laurelwood Planned Community neighborhood to the south and west. The property north of the project site adjacent to the 1-5 freeway is currently owned by the Laurelwood Homeowners and is utilized as a Recreational Vehicle (RV) parking area (Attachment A - Location Map). Prior to transfer of ownership, in 1993, the Irvine Company submitted a lot line adjustment to merge this site with the adjacent mobile home park, which was approved on March 15, 1993. However, no official zoning or general plan designation was assigned to the site (Attachment B - Resolution No. 93-24). To assign the site a zoning and land use designation, a general plan and zone change need to be considered by the Planning Commission. The City Council is the final decision making authority for this portion of the request. In addition, mobile home park development is subject to approval of a conditional use permit in the Mobile Home Park (MHP) zoning district. The Planning Commission can take action on the conditional use permit pending approval of the general plan and zone change requests by the City Council. DISCUSSION General Plan Amendment and Zone Change Since the site is an abandoned railroad right-of-way, no general plan or zoning designation has been assigned to the site; therefore, a general plan and a zoning code amendment would provide the site with the required Mobile Home Park land use and zoning designation. Assuming that the project components are approved, the proposed use would be consistent with the adjacent land use and zoning regulations, which are residential uses (Attachment C - Partial Zoning Map). In addition, the proposed project would provide additional housing opportunities consistent with Goal 1 and Policy 1.3 and of the Housing Element, which encourage providing an adequate supply of housing to meet the needs of a variety of housing types. The proposed general plan amendment is not considered substantial in nature. The application was processed in accordance with Government Code Section 65352.3. An invitation for consultation for a period of ninety days was mailed to a list of seven Native GPA 06-002, ZC 06-001, CUP 05-28 14092 Brown ing A ven ue Page 3 of 6 American tribes provided by the Native American Heritage Commission. No written request for consultation was received. There are no known archeological and paleontological resources within the proposed area; however, to ensure protection of any possible discoveries, Conditions 3.3 and 3.4 (Resolution No. 4040) are included requiring the applicant to hire an archeologist and to prepare a Paleontological Resources Management Plan (PRMP) prior to any grading on the site. Site /Development Plan The site is situated along the easterly property line of the existing Villa Valencia Mobile Home Estates. The existing park is developed with 148 mobile homes, a 0.22-acre park, and a community center where the office for the property manager is located. The applicant is proposing to develop the vacant parcel with ten new mobile home pads that are typically 4,170 square feet in area (Attachment 0 - Submitted Plans). The pads will be located along a private street called Seville Street and would be owned and operated by New Villa Valencia Mobile Homes. There is no direct vehicular or pedestrian access to a public street; however, since the site will be developed as an extension of the mobile home park, the existing access from Browning Avenue is adequate to accommodate the additional ten homes. The proposed development would meet the development standards of the City's Mobile Home Park (MHP) zoning district as follows: Minimum Standard Building Site = 5 acres Individual Lot size = 2,800 sq. ft. Density = 10 du /acre Site Coverage = 75 percent Parking = 2 per unit Guest Parking = 1 per 10 units Front Setback = 5 feet Individual Lot = 3 feet Proposed 1.12 new and 16.84 existing = total 17.96 acres 4,170 sq.ft. (average) 9 du/acre 58 percent double car garage 3 spaces 5 feet 4' -9" A six (6) foot tall block wall separates the site from the Laurelwood neighborhood and the RV storage. Most of the wall area is currently covered by vegetation, and it is difficult to determine the structural integrity and aesthetic of the wall. Condition 1.9 is included to require that the existing wall be repaired and repainted or replaced with development of the site as may be necessary after site grading and removal of the existing weeds and vegetation. GPA 06-002, ZC 06-001, CUP 05-28 14092 Browning Avenue Page 4 of 6 Park Site The proposal to add ten mobile home pads will be part of an existing mobile home park which includes a 9,795 square foot park with a community pool, barbeque, and clubhouse. Tustin City Code Section 9227 requires that a minimum of 100 square feet of additional recreation open space be provided for each of the ten mobile home sites if more than 25 percent of the units are occupied with families with children under the age of fifteen. With the proposed development a new 6,379 square foot park site is also proposed, which exceeds the City requirements and provides for adequate on-site recreational opportunities. No detailed landscape plans were submitted for the new park. Condition 3.6 (Resolution No. 4040) requires that the applicant submit landscape and irrigation plans for the proposed park for review and approval of the Community Development Department. Conditional Use Permit The Office of State Architect is the authorized State agency to approve installation of additional mobile homes; however, the City of Tustin will be reviewing and approving utility connections, street improvements, and grading of the site. Conditions 3.11 and 3.12 are included to ensure that a Water Quality Management Plan (WQMP) is submitted and approved prior to issuance of any site grading. . The site is currently developed with 148 mobile home units with one access from Browning Avenue. With the additional units the total number of mobile home units would technically exceed the Orange County Fire Authority's threshold of 150 units that requires a secondary access. To mitigate any increased response time that may be experienced in an emergency response situation, the Orange County Fire Authority has requested the eight excess units to be equipped with a fire sprinkler system. However, since building permits for the additional mobile homes will be issued by the State, the City of Tustin is not the authorized agency to ensure implementation of any building related requirement. Mitigation Measure 6.1 (Resolution No. 4040) is included recommending that the applicant install sprinkler systems for the additional eight (8) units. Development of the site would also require installation of street lights and landscaping that would need to be submitted upon approval of the project. Condition 3.5 (Resolution No. 4040) is included to ensure that adequate landscaping is provided along the perimeter of the site adjacent to existing residences and that proposed lighting is designed to eliminate any glare or spillage to the adjacent properties. Noise The project site is located more than 300 feet from the freeway wall along the Interstate 5 freeway within an area with exterior Community Noi.se Equivalent (CNEL) contours within the 65 dB range (Figure N-1 of Tustin Noise Element). The provisions of the State of California Noise Insulation Standards and the City of Tustin Noise Ordinance require that the maximum level of indoor noise levels for residential living not to exceed GPA 06-002, ZC 06-001, CUP 05-28 14092 Browning Avenue Page 5 of 6 45 dB and exterior noise level not to exceed 55 dB. Table N-2 of the Tustin Noise Element identifies potential conflicts between the land uses and the noise environment. Per Table N-2, the proposed project falls within Zone B. Zone B implies minor soundproofing may be needed in the form of conventional construction, closed windows, and providing fresh air supply systems or air conditioning. There is an existing sound wall along the freeway; therefore, no additional barrier would be required along the northwesterly portion of the site. Building permits for installation of the mobile home units will be issued by the State, and the City of Tustin would not be reviewing and issuing building permits for the units. However, to maintain the required interior noise standard, staff is recommending upgrades for exterior walls, roof insulation, window glazing, and restrictive use of window and door openings along the northwesterly portion of the site to reduce interior noise levels. Mitigation Measures 6.2 and 6.3 (Resolution No. 4041) are recommendations included in the resolution of approval with the caveat that the building permits will be issued by the State; the City of Tustin is not the authorized agency to ensure implementation of these recommendations. ENVIRONMENTAL A draft Initial Study and a Mitigated Negative Declaration were prepared for the proposed building and site improvements and were available for public review from September 1, 2006, to September 20, 2006 (Exhibit A of Resolution No. 4039). All potential impacts can be reduced to a level of insignificance through mitigation measures, which are included as conditions of approval for the project. Staff has received no written public comments. ANAL VSIS A decision to recommend approval of the proposed general plan and zone change application to the City Council can be supported by the following findings: · The proposed project would provide additional housing opportunities consistent with Goal 1 and Policy 1.3 and of the Housing Element, which encourage providing an adequate supply of housing to meet the need of a variety of housing types. · The property is surrounded by residential uses and is appropriate for the proposed mobile home park use. · The proposed density of 8.9 units per acre meets the maximum density requirements of ten (10) units per acre of the Mobile Home Park General Plan Designation and zoning code requirements. · The proposed zone change would extend the existing mobile home park zoning onto the adjacent vacant site which can be accessed from the main entrance to the mobile home park and utilize the existing street system and utilities. GPA 06-002, ZC 06-001, CUP 05-28 14092 Brown ing A ven ue Page 6 of 6 A decision to approve the proposed mobile home park development can be supported by the following findings: · If General Plan Amendment 06-002 and Zone Change 06-001 are approved, the proposed mobile home park expansion would be consistent with the required development standards for the Mobile Home Park zoning district. That the General Plan land use designation and zoning designation of Mobile Home Park (MHP) allow development of mobile home parks and trailer home parks with approval of a conditional use permit. In addition, the project has been reviewed and determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan. · The proposed mobile home park expansion will be accessed through existing public streets and existing utilities are available to serve the site. · The proposed development meets the density requirements and development standards for Mobile Home Parks as noted in Tustin City Code Section 9227. · The proposed ten (10) mobile home pads will be operated in conjunction with the Villa Valencia Mobile Home Estates and adequate parkland and guest parking will be provided in accordance with Tustin City code Section 9227. · As conditioned, an adequate landscape buffer will be provided along the Laurelwood neighborhood. · The proposed use will not be detrimental to the surrounding properties in that the proposed site is surrounded by other residential uses. · As conditioned, adequate fire protection will be provided as required by the Orange County Fire Authority. · An adequate park site will be provided in accordance with the requirements of Section 9227bh of Tustin City Code. Minoo Ashabi Associate Planner Elizabeth A. Binsack Community Development Director Attachment: A - Location Map B - Resolution No. 93-24 C - Partial Zoning Map D - Submitted Plans E - Resolutions 4039, 4040, and 4041 S:\Cdd\PCREPORT\2006\MHP-GPA 06-002, ZC 06-001.doc ATTACHMENT A Location Map LOCATION MAP I V/ )1 UH t:..- ~ I ","i/a ., r- Yifl)~~~. '...<- ^ . /-- ~ ~ . ~ :;J~ ."~. ii!!llrID.I,..~eJ 'II~~, ~2-~ J~~';: Project No.: GPA 06-002, ZC 06-001, CUP 05-028 l~~' ~~cft' ~~"\.. ..~ .f(;>'9/ "~~~ Address: 14092 Browning Avenue UlI.. .11-1 i ~ , c., (!t~ }/fiC,. ~ ~! ~~ " _ W~~~~~~tlr..?~ ~ . c' ~ . 'h,' ,- n nr1f:lU ;;;i p- ...., ~..,.!-. " ~ L \...v ! ~~~ ( .... 1,.::1: I - i...:, t 'lIcd.u ,..." ~O~ i'v/~(;:.~~ i i _fi ~~~~P"";=~ ~11~;~~~'", .....~" ') / ~1*t! P ~~i:' t ttt ~ - - ~ ~Il!~ 'f:()~ ~~,~.:"J~ -" .' . '- V :,-"'o1~f$IJ 't lJ '1'J!'~ on - -. - '~:O")~PL-VI "(\., ,~~f I (~ lJ ' . .... ~I~)'~ /4 :." t".~ \~.- , /1. ! f' po- 0 &- ~ UJ.1r luu: ~~,. 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I ..~~;\ )'-r% (( v'~' ~<~;x,~~~ ".~ ~ "~"~ ~..,/ ~ "b'-l! ~ ..~ ~,.. . . ~oS' /".". l .:$ (, ~~ '" ,;: -t./>.:':''''' /q. / ,,)/ / '<>c " -,,,--'" -;,..' -"> ,,~ '" / '<>c ~ ~~ ~ ~(\ ~ U ncIassified U ncIassified l\lobile H orne Park (1-10 d u/acre) ATTACHMENT B Resolution No. 93-24 : I I I 2 3 4 RESOLUTION NO. 93-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 93-1 5 WHEREAS, section 66412 (d) of the Subdivision Map Act makes provisions for the local agency to approve lot line adjustments 6 where the land taken from one parcel is added to an adjacent parcel and where a greater number of. parcels than originally 7 existed is not thereby created: and' 8 WHEREAS, the City council of the City of Tustin has reviewed Lot Line Adjustment No. 93-1 and has made a finding that the real 9 property described in Exhibit A and shown on Exhibit B complies with the provisions of the California Subdivision Map Act and 10 applicable City of Tustin ordinances and regulations including the requirements for building sites: and 11 WHEREAS, the City Council of the City of Tustin has made the 12 following findings: 13 14 15 16 17 18 19 1. That the proposal is eligible for processing as a lot line adjustment pursuant to section 66412 of the Subdivision Act; 2. That the requirements of the California Environmental Quality Act have been met: 3. That the proposal is consistent with the General Plan: and ~ . That the resultant parcels will meet the requirements of the Zoning Code: NOW, THEREFORE, BE IT RESOLVED that the proposed Lot Line 20 Adjustment No. 93-1, as shown on Exhibits A and B is hereby approved and that the parcels be considered building sites upon 21, recordation of this document. 2211 PASSED AND ADOPTED at a regular meeting of the City Council 23 of the City of Tustin held on the 15th day of March, 1993. 25 d;LJ/4IzowJ Leslie Anne Pontious, Mayor 24 26 ATTEST: 27 28 ryy\ ~ ['. "J'1.r-- City CJ..,ei:"k 6 '-- Re=cr~ing Re~ueste~ by and mail to City c: Tustin Engineering Division 15222 Del A~o Avenue Tustin, CA 92680 APPLICATION FOR 93-/ LOT LINE ADJUSTMENT NO. RECORD OWNERS: PARCEL 1 PARCEL 2 NAME: The Irvine Company 550 Newport Center Drive NewJort Beach, CA 92660 The Irvine Company 550 Newport Center Drive Newport Beach, CA 92660 ADDRESS: DAYTIME PHONE: (7:4) 720-2000 (714) 720-2000 PARCEL 3 PARCEL 4 NA.~E : N/A N/A ADDRESS: DAYTIME PHONE: (I/We) hereby certify that 1) (I am/we are) the record owners (s) of all parcels proposed for adjustment by this application, 2) (I/we) have knowledge of and consent to the filing of this application, and 3) the information submitted in connection th this application is true and cor t. it+6 4:R~~PANY " cor,;) 'T'tf6. -XR.,\JIIJG PIHJY A " tDrp- B '.~~U J Signat~=e(s) of owner(s) o~ Parcell of Parcel 2 CHICK C. W IL..Le-rt5J V\Ce- P~5 ,[)OJT Vlctr PRe50IDftVT' H!A Signat~=e(s) ot owner(s) of Parcel 3 N/A Signature(a) of owner(s) of Parcel 4 CONTAc:' PERSO~;: Hunsaker & Associates Irvine, Inc. Howard Foss ADDRESS: 3 Hughes, Irvine, CA 92718 DAYTI~::: PHONE: (71'} 583-1010 OFFICE USE ONLY I DATE ?Zc:.:rVED I h. P. NUMBERS ~gZ-3~/- 03 432-3~/-c;;9 C.E.Q.A. S:'ATU$ C"Q7; ~)(.CLAJf 5;,,- .56f"CT7o,v /:;-.?O~- NO APPROVED BY: t:~~-c.L 3-6-9 1 ZO~!~~ :ESIGNA7IO~ i #111?/V j(/dPB-'LE #P#/E P/P,.eIt/ ! t///CVI15.5///EO) C17Y ENGINEER DATE: REVIEWED A~~ A?PROVED BY' CITY COUNCIL ACTION --, DATE: DA:'E AC':lor,; : EXHIBIT A LOT LINE ADJUSTMENT NO. 93-1 (Legal Descriptions) OWNERS EXISTING PARCELS PROPOSED PARCELS AP NUMBER REFERENCE NUMBER The Irvine Company A.P. No. 432-361-03 Pa rce 1 1 The Irvine Company A.P. No. 432-361-08 Parcel 1 PARLE L i That portion of Lot 37 in Block 45 of Irvine's Subdivision in the City of Tustin, County of Orange, State of California, as shown on a map fIled in Book I, Page 88 of Miscellaneous Record Maps in the office of the County Recorder of said County, and the remainder parcel lying southwesterly of Parcel 1 both being shown on Parcel Map No. 88-350 filed in Book 250 Pages 7 and 8 of Parcel Maps in the office of the County Recorder of said County, described as follows: Beginning at the southerly comer of said remainder parcel; thence N Ago 19'21'W. 721.18 feet along the southwesterly line of said remainder parcel and the southwesterly line of said Lot 37 to the westerly corner of said lot; thence N.400 4 3 'lOnE. 1209.83 feet along the nonhwesterly line of said lot to the southwesterly boundary of the land described in the deed to the Sate of California recorded June 20, 1989 as Instrument No. 89-322438 of Official Records; thence leaving said northwesterly line, S.49020'48"E. 40.00 feet along said boundary; thence S.49043'lO'W. 25.00 feet along said boundary; thence S.49020'IS"E. 365.00 feet along said boundary; thence S.44OZ8'29'c. 256.04 feet along said boundary to the northerly corner of Parcel 1 of said parcel map; thence S.40040'06'W. 350.00 feet along the nonhwesterly line of said Parcell; thence SA9019'54"E. 60.00 feet along the southwesrcrly line of said Parcell; thence 5.40040'06" W. 813.32 feet along the southeasterly line of said remainder parcel 10 the point of beginning. Containing 19.05 acres more or less. -r fYV.A !<.. I~J/~ Tom R. McGannon, RC.E. 23956 Registration Expires: 12131193 EXP.IBI-:r B LOT L:NE ADJUSTMENT NO. 93-( (MAP) OWNERS EXISTING PARCELS PROPOSED PARCELS AP NUM13ER REFERENCE NUMBER The I rv; ne Company A.P. No. 432-361-03 Pare e 1 1 The Irvine Company A. P. No. 432-361-08 Pa ree 1 1 , , -", \IO.CD~ -<',._,./ I . ..0 ,,- ~ N4.,o'204eW .' ,,"" , . ~- \ 40.00 tJL,'COf\. BLOCK 4~ . SAm"A A~A F~E:eWAY \J 40)0~O ,?~'W TZO.OO _" CDvO.QO' " . ."'~ ."1 tJ4d'A-~ 10E: 2.S.00 i ;! .," \-14.")0201e>'W N44--Zelc;W!!! "3UJ~.oo' 2~y SWL'( LI NE l~? T. 1\10. r eO)- '?'Z.'Z4~e OF.. PCL. \ P.M. ~O. ee- ~~I t>>M.e. 'Z. r::,o/ 7 ': 0 '. - "-14"). \0)' '2.( W 7zue l.DO.OO ~'. (DO ~ -l\J 1!1 ~ ; 0 :z N 3 ~ o a: d:l ~ ,'. ~~ , .".) \ 'If/ C?,O ~', ,~~ ','..1 r ,.(:- ~S' ".'"'.'-" . '\~ .... QJ .' '.' (' ^-V I "Q'-' (<',Jv '~~ V"I ,,' , ,.,"." 1\ . \ -"\(.- ...-4.... ,,' . \\, \....:. t-J~ol~ 54- W ,~.. .. l\., (,0.00 \ .-l' TOJ, os ACRE~ A:T. f SF. R. Pt. rz../w oookz~ PA6 ~~ OF DeEDS ill :~ o "0 ~ o ~ z ReMAINDER PARCEL PER P. M.NO.ee- 3oSQ, P.M.e" z.~O/7~e ill .::J Z UJ > d: ..u 3 \. f' r~~-:) ~ (:- 0 ~,?-L, <71f>o~'t- ~~ "J-A ~~ :z -J ..;.o~ ro\"" \~o ill -. '" o LE6E~ 0 N"O ~ -t-f)OUNOARY OF t<'b NeW PARCEl.. as o:r - - LOT L\t..1E: TO eE: :z RE: VI *=D -EX. .J -l L.Ll :I: u !- 5WL Y L1tJE- LDT ?7 (PCo LIe NoTE: IHE \IJFO~MAT\ON ~HOWN HEREON W A~ COtllPlLED fROM P.M. t-lO. ee- '350 P. M, eo, 2S0/7-0, City of Tustin RESOLUTION CERTIFICATION STATE OF CALIFORNIA COUNTY OF ORANGE ss CITY OF TUSTIN RESOLUTION NO. 93-24 Mary E. Wynn, 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 is five; that the above and foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 15th day of March, 1993, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Pontious, Potts, Puckett, Saltarelli, Thomas None None None "vY\ ~. L. Mary E. ~nn. ~~erk ATTACHMENT C Partial Zoning Map ATTACHMENT D Submitted Plans t-.~-, \\ .. f{::I,' '~ . ~~-'i~~; '~.L '", -- !~- .b \ . .~. '" .:~L~;:'~ .. ~~.~~:.. ~~j 1\ :~ I~-""~-"~~::'"; :~! . J'v~i >,li'---..! , . ..' . 1> '/"""'J"" ; 1_.' ~iIr~i <;1:;; (>1/' Z I; .'" ',I', '~'_! . ::,:~_..., ",' 1/' .1IIIIBBJI!I"'I~j,i: !~ . Ij\. . F:',; · r '~:;1 '<~ i[ 'C; cf :,: f} .... ,i':' · '.p.'~ ,~,~! 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ATTACHMENT C Planning Commission Resolution Nos. 4039 and 4041 RESOLUTION NO. 4039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL A'DOPT THE FINAL MITIGATED NEGATIVE DECLARATION FOR GENERAL PLAN AMENDMENT (GPA) 06-002 AND ZONE CHANGE (ZC) 06-001 AND APPROVE GPA 06-002 AND ZC 06-001 TO CLASSifY AN ABANDONED RAILROAD RIGHT-Of-WAY AS MOBILE HOME PARK (MHP) LAND USE AND ZONING DESIGNATION fOR DEVELOPMENT Of TEN (10) MOBILE HOME PADS AT 14092 BROWNING AVENUE The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That General Plan Amendment 06-002, Zone Change 06-001, and Conditional Use Permit 05-028 were filed by New Villa Valencia Mobile Home Park to designate an abandoned railroad right-of-way as Mobile Home Park (MHP) general plan and zoning designation in order to develop ten (10) mobile home pads on the property located at 14092 Browning Avenue as an expansion of an existing mobile home park; B. General Plan Amendment (GPA) 06-002, Zone Change 06-001, and Conditional Use Permit 05-028 are considered a "projecf' subject to the terms of the California Environmental Quality Act ("CEQA") (Pub. Resources Code 921000 et. seq.); C. That a public hearing was duly called, noticed, and held on General Plan Amendment 06-002, Zone Change 06-001, and Conditional Use Permit 05- 028 on September 25, 2006, by the Planning Commission; D. That General Plan Amendment 06-002 is consistent with the Tustin General Plan and implements the following Land Use Element goals and policies of the General Plan: 1) Land Use Goal 1: Provide for a well balanced land use pattern that accommodates existing and future needs for housing. Policy 1.5: Encourage compatible and complementary infill of previously by-passed parcels in areas already predominately developed. 2) Land Use Goal 3: Ensure that development is compatible with surrounding land uses in the community. 3) Housing Element Goal 1: Provide an adequate supply of housing to meet the need for a variety of housing types and the diverse socio- economic needs of all community residents. Policy 1.3: Preserve affordable housing units, where feasible, through actions such as the maintenance of a mobile home park zone. Resolution No. 4039 Page 2 E. That the proposed amendments to the land use designation would ensure logical development of vacant parcels and provide new housing opportunities; and, F. That the proposed zone change would ensure consistency between the general plan land use and the zoning designation. II. The Planning Commission hereby recommends that the City Council adopt Final Mitigated Negative Declaration for General Plan Amendment (GPA) 06-002, and Zone Change (ZC) 06-001 and approve GPA 06-002 and ZC 06-001 amending the General Plan and Zoning Map to classify the site located at 14092 Browning Avenue as Mobile Home Park Land Use and zoning designation. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of September, 2006. , . ;,. ."""' ~ -. /''/ { -' ,', - .' . - J i" .. -, BRETT FLOYD Chairperson . -:'::,~. /:" ,/~I r / . ,/ If . /"",,;# ,0:[' i'f. /- ELIZABETH A. "BINSACK .', .7>. .'. Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4039 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of September, 2006. ;/r <./~ ,,,"4~ ._;~~~/f.~ k~' 7'. .~~ ,t_ ; ~.>i; - ELIZABETH A. BINSACK Planning Commission Secretary RESOLUTION NO. 4041 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 05-028 TO DEVELOP A 1.12-ACRE SITE (ABANDONED RAILROAD RIGHT-OF-WAY) WITH TEN (10) MOBILE HOME PADS LOCATED AT 14092 BROWNING AVENUE AS AN EXPANSION OF AN EXISTING MOBILE HOME PARK The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That New Villa Valencia Mobile Home Estates submitted General Plan Amendment 06-002, Zone Change 06-001, and Conditional Use Permit 05- 028 applications to develop an abandoned railroad right-ot-way with ten (10) mobile home pads on a property located at 14092 Browning Avenue (APN 432-361-03). B. That on September 25, 2006, the Planning Commission adopted Resolution No. 4039 recommending that the City Council approve General Plan Amendment 06-002 and Zone Change 06-001 ; C. That approval of Conditional Use Permit 05-028 is contingent upon City Council's approval of applicant submitted General Plan Amendment 06-002 and Zone Change 06-001, which would designate the property as Mobile Home Park within the City's General Plan and Zoning Map. In addition, the project has been determined to be consistent with the Air Quality Sub- element of Tustin General Plan. D. That pursuant to Section 9227 ot the Tustin City Code, establishment or expansion ot a mobile home park is conditionally permitted in the Mobile Home Park (MHP) zoning district; E. That a public hearing was duly called, noticed, and held for Conditional Use Permit 05-028 on September 25, 2006, by the Planning Commission; F. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The proposed use is authorized pursuant to Section 9227 of the Tustin City Code with the approval of a General Plan Amendment 06-002 and Zone Change 06-001 ; Resolution No. 4041 Page 2 2) The proposed use will not be detrimental to the surrounding properties in that the residential use would be compatible with other adjacent residential u~es and within the surrounding vicinity; and, 3) Adequate parkland will be provided in accordance with requirements of Tustin City Code Section 9227. II. The Planning Commission hereby approves Conditional Use Permit 05-028 authorizing development of a 1.12-acre site with ten (10) mobile home pads on the property located at 14092 Browning Avenue, subject to the conditions contained within exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of September, 2006. /" .. l' -'~"f / ' ~ /~.J~' - f' . . : /" - BRETT FLOYD ' Chairperson ; "' J ,;.!""., "'~" :;.-/ ~'~.,;:::~' ..' 1k /11i 1". ELIZAB'ETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4041 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 25t day of September, 2005. ELIZAB'E~KA. BINSACK -J, - ,'l" -' Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4041 CONDITIONAL USE PERMIT 05-028 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped, September 25, 2006, on file with the Community Development Department, as herein modified, or as modified based on recommendations of the project architect and the Redevelopment Agency as required to meet project budget, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1 .2 The approval of Conditional Use Permit 05-028 is null and void if General Plan Amendment 06-002 and Zone Change 06-001 are not approved by the City Council. (1) 1.3 The project shall comply with applicable State and local codes, rules, and regulations. (1) 1.4 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1 .5 Approval of Conditional Use Permit 05-028 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 Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.6 As a condition of approval of Conditional Use Permit 05-028, 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, SOURCE CODES (1) STANDARD CONDITION (2) CECA MITIGATION (3) UNIFORM BUILDING CODElS (4) DESIGN REVIEW *** EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 4041 Page 2 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. (*) 1.7 All improvements shall comply with the City's Private Street Improvement requirements. (*) 1.8 The proposed mobile home pads and private park shall be incorporated with the existing mobile home park as one community and maintained and operated by New Villa Valencia Mobile Homes Estates. (*) 1.9 Upon clearing the site for grading and construction, the applicant shall repair or reconstruct the CMU wall along the southerly property line as may be required by the Community Development Department to achieve a coherent color and material for the wall separating the mobile home park from Laurelwood neighborhood. PUBLIC WORKS DEPARTMENT (1) 2.1 The applicant shall provide fire protection access easements and dedicate them to the City. The easements shall be located within unobstructed areas and clear access shall be provided at all times. (1) 2.2 The applicant shall obtain new addresses from the Engineering Division for each developable parcel created. (1) 2.3 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. BUILDING (3) 3.1 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2004 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (*) 3.2 Prior to issuance of any grading permits, the developer shall provide written evidence that a County-certified archaeologist has been retained. If buried resources are found during grading within the project area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data Exhibit A Resolution No. 4041 Page 3 recovery. Native American consultation shall also be initiated during this process. (*) 3.3 Prior to issuance of a any grading permit, the applicant shall provide a Paleontological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. (*) 3.4 Prior to the issuance of any grading permit, the applicant shall provide written evidence to the Community Development Department that a County- certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. (*) 3.5 The applicant shall provide a significant landscaping buffer in the form of upright trees 20-30 feet on center along the easterly property line. Prior to issuance of a grading permit, landscaping and irrigation plans in accordance with the City's Landscape and Irrigation Guidelines shall be submitted for review and approval of the Community Development Department. (*) 3.6 Prior to issuance of a grading permit, the applicant shall submit for approval of the Community Development Department landscape/irrigation plans and electrical plans for the street improvements and the private park. In addition, details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures shall be submitted for review and approval. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall-mounted fixtures shall be directed at a 90-degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City.s Security Ordinance. (1) 3.7 Prior to issuance of a demolition, precise/rough grading, and/or building permit with valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the City-prescribed forms. At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to final inspection, the applicant shall submit to the City of Tustin documents (Le. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center. Exhibit A Resolution No. 4041 Page 4 (1) 3.8 Seven (7) sets of final grading plans consistent with the site and landscaping plans as prepared by a registered civil engineer shall be submitted and shall include the following: . Technical details and plans for all utility installations including telephone, gas, water, and electricity. . Three (3) copies of a precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. . All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. . Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. . Two (2) copies of Hydrology Report. (1) 3.9 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (1) 3.10 The engineer of record shall submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 3.11 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 3.12 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: A. Prior to issuance of any permit, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WOMP shall identify the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. B. Prior to submittal of a Water Quality Management Plan (WOMP), the applicant shall submit a deposit of $5,000.00 for the estimated cost of review of the WOMP to the Building Division. The actual costs Exhibit A Resolution No. 4041 Page 5 shall be deducted from the deposit, and the applicant shall be responsible for any additional review cost that exceeded the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. C. Prior to issuance of any permits, the property owner shall record a Notice of Water Quality Management Plan (WQMP) with the County Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. D. The Community Development and Public Works Departments shall determine whether any change in use requires an amendment to an approved Water Quality Management Plan. (1) 3.13 Prior to issuance of grading permits, the applicant shall submit a copy of the Notice of Intent (NOI) indicating that coverage has been obtained under the National Pollutant Discharge Elimination System (NPDES) State General Permit for Storm Water Discharges Associated with Construction Activity from the State Water Resources Control Board. Evidence that the NOI has been obtained shall be submitted to the Building Official. In addition, the applicant shall include notes on the grading plans indicating that the project will be implemented in compliance with the Statewide Permit for General Construction Activities. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 Prior to the issuance of any building permits, the applicant shall submit a Fire Master Plan obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. This plan shall indicate the locations of all existing and proposed fire hydrants on the project and shall indicate the locations of all fire lane signs and or red curbs in the existing park as well as the new proposed addition. The applicant may contact the OCFA at (714) 573-6100 or visit the OCF A website to obtain a copy of the "Guidelines for Emergency Access." (5) 4.2 Along with the Fire Master Plan, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. FEES (1) 5.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be Exhibit A Resolution No. 4041 Page 6 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. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule at the time of permit issuance. d. Payment of the Major Thoroughfare and Bridge Fees to the Tustin Pubic Works Department shall be required at the time a building permit is issued. e. Payment of the Orange County Sanitation District No.7 Sewer Connection Fees shall be required at the time a building permit is issued. f. New development tax in the amount of $100.00 per unit. g. School facilities fee in the amount as required by Tustin Unified School District. h. Other applicable fees such as parkland in-lieu fees. (1) 5.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of forty-three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. RECOMMENDED MITIGATION MEASURES The following mitigation measures are only recommendations since the City of Tustin is not issuing the building permits for installation of the mobile home units: (*) 6.1 Prior to the issuance of a building permit, the applicant is recommended to submit plans for automatic fire sprinkler system in ten (10) of the additional proposed structures to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems." The system should be operational prior to occupancy. Exhibit A Resolution No. 4041 Page 7 (*) 6.2 Installation of air conditioners or fresh air supply system is recommended for all units to allow for closed windows and mitigating the freeway noise. (*) 6.3 Installation of dual glazed windows is recommended. Use of limited window and door openings on the northwesterly property line along the freeway side to minimize noise exposure is also recommended. ATTACHMENT D Resolution No.06-117 RESOLUTION NO. 06-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADOPTING THE FINAL MITIGATED NEGATIVE DECLARATION AS ADEQUATE AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR GENERAL PLAN AMENDMENT 06-002 AND ZONE CHANGE 06-001 TO ASSIGN THE PROPERTY LOCATED AT 14092 BROWNING AVENUE WITH THE MOBILE HOME PARK LAND USE AND ZONING DESIGNATION The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That General Plan Amendment 06-002, Zone Change 06-001, and Conditional Use Permit 05-028 are considered a "Project" pursuant to the terms of the California Environmental Quality Act; B. An Initial Study and a Mitigated Negative Declaration was prepared for this project. The Initial Study/Mitigated Negative Declaration evaluated the implications of the proposed general plan amendment and zone change for development of a vacant site with ten mobile home pads; C. That a Notice of Intent to Adopt a Mitigated Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20-day public review and comment period from September 1, 2006 to September 20, 2006, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; D. No comments were received on the Negative Declaration and a Final Negative Declaration was prepared but was not recirculated pursuant to Section 15073.5 of CEQA, because no new information was provided in the Final Negative Declaration; E. The Planning Commission considered the Initial Study and the Final Mitigated Negative Declaration and adopted Resolution No. 4039 recommending that the City Council adopt the MND and approve General Plan Amendment 06-002 and Zone Change 06-001 ; F. Prior to approving of the General Plan Amendment 06-002 and Zone Change 06-001, the City Council evaluated the proposed Mitigated Negative Declaration and determined that, with incorporation of the mitigation measures, the project would not have a significant effect on the environment. Resolution No. 06-117 Page 2 II. A Final Mitigated Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. The City Council has received and considered the information contained in the Mitigated Negative Declaration prior to approval of the proposed Project and finds that it adequately discusses the environmental effects of the proposed project. On the basis of the initial study, the City Council finds that although the proposed project could have impacts, there will not be a significant effect because mitigation measures identified in the Mitigated Negative Declaration mitigate any potential significant effects to a point where clearly no significant effect would occur. In addition, the City Council finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code. The City Council hereby adopts the Final Mitigated Negative Declaration for General Plan Amendment 06-002 and Zone Change 06- 001 to assign the project site located at 14092 Browning Avenue with Mobile Home Park land use and zoning designation. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of October, 2006. DOUG DA VERT MAYOR PAMELA STOKER CITY CLERK Resolution No. 06-117 Page 2 STATE OF CALIFORNIA ) COUNTY OF ORANGE) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 06-117 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of October, 2006, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A Resolution No. 06-117 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Mobile Home Park Expansion Zone Change 06-001, General Plan Amendment 06-002, and Conditional Use Permit 05-028 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: (714) 573-3126 Project Location: 14092 Browning Avenue, Tustin, County of Orange Project Sponsor's Name and Address: Villa Valencia Mobile Homes Estates c/o Dunex, Inc. Attn: Lillian Chen 1940 W. Orangewood Ave., #209 Orange, CA 92868 General Plan Designation: Existing: Unclassified Proposed: Mobile Home Park Zoning Designation: Existing: Unclassified Proposed: Mobile Home Park (MHP) Project Description: Authorization to develop an abandoned railroad right-of-way adjacent to an existing mobile home park developed with 148 pads with ten (10) additional residential pads for mobile homes Surrounding Uses: North: RV storage and Interstate 5 Freeway South: Planned Community Residential East: Planned Community Residential West: Mobile Home Park Other public agencies whose approval is required: o o o o Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other Caltrans o D D City of Irvine City of Santa Ana Orange County EMA B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. D Aesthetics D Air Quality D Cultural Resources D Hazards & Hazardous Materials D Land Use/Planning D Noise D Public Services D Transportation/Traffic D Mandatory Findings of Significance D Agriculture Resources D Biological Resources D Geology/Soils D Hydrology/Water Quality D Mineral Resources D Population/Housing D Recreation D Utilities/Service Systems C. DETERMINATION: On the basis of this initial evaluation: D I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGA TIVE DECLARATION will be prepared. IZI 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. D I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D I find that although 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 in the attached sheets. An ENVIRONMENTAL IMP ACT REPORT is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARA TION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Preparer: Minoo Ashabi Title Associate Planner f"}' ') '--?'" // / ,./-:1 'f-L/'. / (. __ ,f ~ ,71';/6--(,4./'- ", L'I' ',~~)"1 -&,t<'^ Elizabeth A. Binsack, Community Development Director Date e:r". ,.~'> ,.)(~ D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particlllar physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, and EIR is req u ired. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(0). 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 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. EV ALVA TION OF ENVIRONMENTAL IMP ACTS Less Than Significant Potentially With Less Than Significant Mitigation Significant l. AESTHETICS - Would the project: Impact Incorporation Impact No Impact a) Have a substantial adverse effect on a scenic vista? D D D r8l b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, an~ historic buildings within a state scenic highway? 0 0 D ~ c) Substantially degrade the existing visual character or quality of the site and its surroundings? D r8l D D d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? D r8l D D II. AGRICUL TURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on t~e maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? D D D r8l b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? D D D r8l c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? D D D r8l 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? D D r8l D b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? D D r8l D c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? D D [gJ D d) Expose sensitive receptors to substantial pollutant concentrations? D D [gJ D e) Create objectionable odors affecting a substantial number of people? D D [gJ D Less Than Significant Potentially With Less Than Significant Mitigation Significant IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? 0 0 0 ~ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? 0 0 0 ~ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 0 0 0 ~ 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? 0 0 0 ~ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? 0 0 0 ~ t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 0 0 0 ~ V. CUL TURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ~ I5064.5? 0 ~ 0 0 b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ 15064.5? 0 ~ 0 0 c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? 0 ~ 0 0 d) Disturb any human remains, including those interred outside of formal cemeteries? 0 ~ 0 0 VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Less Than Significant Potentially With Less Than Significant Mitigation Significant i) Rupture of a known earthquake fault, as delineated on the Impact Incorporation Impact No Impact 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. 0 0 0 [8] ii) Strong seismic ground shaking? 0 0 [8] 0 iii) Seismic-related ground failure, including liquefaction? 0 0 [8] 0 iv) Landslides? 0 0 0 [8] b) Result in substantial soil erosion or the loss of topsoil? 0 0 0 [8] 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? 0 0 0 [8] d) Be located on expansive soil, as defined in Table 18-I-B of the Uniform Building Code (1994), creating substantial risks to life or property? 0 0 [8] 0 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? 0 0 0 [8] VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 0 0 0 [8] 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? 0 0 0 [8J c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? 0 0 0 [8J 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? 0 0 0 [8] e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? 0 0 0 [8] f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 0 0 0 [8] Less Than Significant Potentially With Less Than Significant Mitigation Significant g) Impair implementation of or physically interfere with an Impact Incorporation Impact No Impact adopted emergency response plan or emergency evacuation plan? 0 ~ 0 0 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 0 0 0 ~ VIII. HYDROLOGY AND WATER QUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? 0 0 0 ~ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 0 0 D ~ c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? D 0 ~ D d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? 0 0 ~ D e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? D D ~ D t) Otherwise substantially degrade water quality? D D L8J 0 g) Place housing within a lOO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 0 0 0 ~ h) Place within a lOO-year flood hazard area structures which would impede or redirect flood flows? 0 0 0 L8J i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? 0 0 0 ~ j) Inundation by seiche, tsunami, or mudflow? 0 0 0 r2J k) Potentially impact stormwater runoff from construction activities? 0 0 r2J 0 Less Than Significant Potentially With Less Than Significant Mitigation Sig~ificant Impact Incorporation Impact No Impact 1) Potentially impact stormwater runoff from post- construction activities? 0 0 ~ 0 m) Result in a potential for discharge of storm water pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? 0 0 ~ 0 n) Result in a potential for discharge of stormwater to affect the beneficial uses of the receiving waters? 0 0 ~ 0 0) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? 0 0 ~ D p) Create significant increases in erosion of the project site or surrounding areas? 0 0 0 ~ IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? 0 0 ~ D b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 0 0 ~ D c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 0 0 ~ X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? 0 0 D ~ 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? 0 0 0 ~ Xl. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 0 ~ D D b) Exposure of persons to or generation of excessive groundbome vibration or groundborne noise levels? D D D ~ Less Than Significant Potentially With Less Than Significant Mitigation Significant c) A substantial permanent increase in ambient noise levels Impact Incorporation Impact No Impact in the project vicinity above levels existing without the project? D D D [8J d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? D D D [8J e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? D D D [8J t) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? D D D [8J XII.POPULATION AND HOUSING - Would the project: a) "Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? D D D [8J b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? D D D [2J c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 0 0 [2J XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? D 0 [2J D Police protection? 0 0 [2J D Schools? D D [2J D Parks? D D [8J D Other public facilities? D D [8J D Less Than Significant Potentially With Less Than XIV. RECREA TION - Significant Mitigation Significant Impact Incorporation Impact No Impact 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? 0 0 ~ 0 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 0 0 0 ~ XV. TRANSPORT A TION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 0 0 l2SI 0 b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? D D D ~ c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 0 D 0 ~ d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 0 0 0 ~ e) Result in inadequate emergency access? 0 D 0 ~ t) Result in inadequate parking capacity? D D D ~ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? D D D l2SI XVI. UTILITIES AND SERVICE SYSTEMS- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? D D D l2SI b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 0 0 D ~ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 0 D 0 ~ Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? 0 0 0 ~ e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 0 0 ~ t) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? 0 0 0 ~ g) Comply with federal, state, and local statutes and regulations related to solid waste? 0 0 0 ~ h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? 0 0 0 ~ XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 0 0 D ~ c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 0 0 D ~ FINAL EXHIBIT A OF RESOLUTION NO. 06-117 EVALUATION OF ENVIRONMENTAL IMPACTS MOBILE HOME P ARK EXPANSION ZONE CHANGE 06-001, GENERAL PLAN AMENDMENT 06-002, CONDITIONAL USE PERMIT 05-028 14092 BROWNING AVENUE BACKGROUND The project site is a 1. 12-acre parcel which is a vacant abandoned railroad right-of-way adjacent to an existing mobile home park known as Villa Valencia Mobile Home Park and is surrounded by residential development on the south, east and west, and a recreation vehicle (R V) storage and the Interstate 5 freeway on the north. Since the site was developed and used as a railroad easement, there is no zoning or general plan designation. Therefore, the proposed project requires approval of a General Plan Amendment and Zone Change request to change the land use and zoning classification from "Unclassified" to "Mobile Home Park." The existing mobile home park site is 16.84 acres in area and includes 148 home pads. With development of the proposed site, the park would include 158 home pads. Access to the site is provided from Browning Avenue, and the proposed expansion site is currently separated from the residential uses on the east by an approximately six (6) foot tall block wall. 1. AESTHETICS Items a & b - No Impact: The property is a 1. 12-acre undeveloped parcel which is an abandoned railroad right-of-way adjacent to an existing mobile home park. The property is not located on a scenic vista or within a State scenic highway, thus would not damage scenic resources such as trees, rock outcroppings, or historical buildings within a State scenic highway. Sources: Tustin General Plan Field Inspection Tustin City Code and Guidelines Items c & d - Less Than Significant Impact With Mitigation Incorporated: The property is currently vacant. Development of the site with ten (10) mobile homes would modify the visual character of the site and its surroundings. The site is surrounded by two- story residential buildings to the south and east, mobile homes to the west, and a RV storage facility to the north along the Interstate 5 freeway. The proposed mobile homes will be located five (5) feet from the easterly and southerly property lines. In addition, trees and heavy landscaping will be planted within the setback areas. Since the proposed structures are only single story in height and with installation of upright trees and significant landscaping, no visual impacts to adjacent properties is anticipated. The proposed new mobile homes would generate new light sources with installation of new exterior lighting. However, the new sources of light would not adversely affect day- or night-time views in the area since the amount of lights would be commensurate with a typical ZC 06-001, OPA 06-22, CUP 05-028 Attachment A - Analysis Page 2 residential project and would be required to comply with the City's security standards and all lights would be arranged so that no direct rays would shine onto adjacent properties. The proposal will not substantially degrade the existing visual character nor create a new source of substantial light or glare. Mitigation Measures/Monitoring Required: . Provide significant landscaping buffer in the form of upright trees in 20-30 feet on center along the easterly property line. Prior to issuance of a grading permit, landscaping and irrigation plans in accordance with the City's Landscape and Irrigation Guidelines shall be submitted for review and approval of the Community Development Department. . Prior to issuance of a grading permit, the applicant shall submit a photometric study for buildings and common area lighting and shall ensure that lighting be of a typical residential level and shall be arranged so that direct -rays do not shine on adjacent properties, subject to the review and approval of the Community Development Director. Sources: Tustin General Plan Field Inspection Tustin City Code and Guidelines 2. AGRICULTURAL RESOURCES Items a~ b & c - No Impact: The proposed project will be located on a site that is currently undeveloped and surrounded by developed residential properties. The proposed project is not located on a property designated as Prime farmland, Unique farmland, or Farmland of Statewide Importance, nor is it located within a property zoned for agricultural use, or a Williamson Act contract; therefore, the project will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use, or a Williamson Act contract. The proposed project will not result in conversion of farmland to a non-agricultural use. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Field Inspection Submitted Plans Tustin City Code California Division of Land Resource Protection - Farmland Map 3. AIR QUALITY Items a. b~ c. d & e - Less Than Significant Impact: The project will temporarily increase the amount of short-term emissions to the area due to grading of the property and construction activities. Since the site is relatively flat, only minor ZC 06-00 I , G P A 06-22, CUP 05-028 Attachment A - Analysis Page 3 grading will be required. The proposed development of ten (10) mobile home pads on a 1.12- acre parcel is well below the thresholds of significance established by Tables 6-2 (operation thresholds) and 6-3 (construction thresholds) of the Air Quality Management District's CEQA Air Quality Handbook and is not anticipated to have a significant impact. Less than significant short-term emissions associated with grading, construction, and operation of the proposed project will comply with the regulations of the South Coast Air Quality Management District and the City of Tustin Grading Manual, which include requirements for dust control. As such, the proposed project will not create a significant impacts related to air quality. Mitigation Measures/Monitoring Required: None Required Sources: South Coast Air Quality Management District Rules & Regulations City of Tustin Grading Manual Project Application Fi~ld Inspection 4. BIOLOGICAL RESOURCES Items a. b. c. d. e & f - No Impact: The site is an undeveloped parcel currently owned and maintained by the mobile home park on a regular basis for weed abatement. The site is also surrounded by properties that are developed with pavement and structures. The site is not inhabited by any sensitive species of animals and the project would have no impacts on animal populations, diversity of species, or migratory patterns. No wetlands exist within the project site. The project would include new trees and landscape materials will be provided in accordance with the Tustin Landscape and Irrigation guidelines. No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies, or regulations by the California Department of Fish and Game or u.S. Fish and Wildlife Service would occur as a result of this project. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Submitted Plans Tustin City Code 5. CULTURAL RESOURCES Items a. b. c. d - Less Than Significant Impact With Mitigation Incorporated: The property is not located within the City's Cultural Resources Overlay District, nor is there any identified cultural historic resources identified on the site. The site is not located in an area of high paleontological sensitivity as illustrated in the City's General Plan. The site is an abandoned railroad right-of-way, previously improved and graded as a railroad easement, so it is not located in an untouched and undisturbed land. However, since excavation and grading is proposed for development of the mobile home park, additional ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 4 protective measures for any potential paleontological resources will be required in accordance with Public Resources Code Section 15064.5. In addition, since rezoning and reclassification of the site would require a general plan amendment, an invitation for consultation for a period of ninety (90) days was sent to a list of seven (7) Native American tribes provided by the Native American Heritage Commission as required by Government Code Section 65352.3. No written request for consultation was received. Mitigation Measures/Monitoring Required: · Prior to issuance of any grading permits, the developer shall provide written evidence that a County-certified archaeologist has been retained. If buried resources are found during grading within the project area, a qualified archaeologist would need to assess the site significance and perform the appropriate mitigation. The Native American viewpoint shall be considered during this process. This could include testing or data recovery. Native American consultation shall also be initiated during this process. · Prior to issuance of a any grading permit, the applicant shall provide a Palentological Resource Management Plan (PRMP) prepared for the site, which details the methods to be used for surveillance of construction grading, assessing finds, and actions to be taken in the event that unique paleontological resources are found. · Prior to the issuance of any grading permit, the applicant shall provide written evidence to the Community Development Department that a County-certified paleontologist has been retained to conduct salvage excavation of unique paleontological resources if they are found. Sources: Submitted Plans Tustin City Code Tustin General Plan Field Inspection 6. GEOLOGY & SOILS Items a-ii. a-iii. & d - Less Than Significant Impact: The proposed buildings will be located on expansive soil and will be located within an area that may subject people or structures to strong seismic ground shaking and seismic-related ground failure including liquefaction. A soils report is required with submittal of the grading plans; however, no building permits or foundation permit will be issued by the City since mobile home parks are under State jurisdiction. No significant impact is anticipated since the project would be required by the State to comply with the 2001 Uniform Building Code related to Chapter 18. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Tustin City Code ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 5 Uniform Building Code Field Evaluation Items a-i. a-iv. b. c. & e - No Impact: The project site is not located within an area on the Alquist-Priolo Earthquake Fault Zoning Map. The project will not be located on a geologic unit or soil that is unstable and will not result in on- or off-site landslide, lateral spreading, subsidence, or collapse. Since all new buildings in the City are required to operate on the existing sewer system, the use of septic tanks or alternative wastewater disposal systems will not be necessary. Sources: Tustin General Plan Tustin City Code 2001 Uniform Building Code Field Evaluation California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 7. HAZARDS & HAZARDOUS MATERIALS Items a through f and h - No Impact: The proposed project involves grading, utility installation and pad development for mobile home parks. No storage or transport of hazardous materials are anticipated to or from the proposed residential development. The project would not result in exposure to hazardous substances other than the possibility of household hazardous waste generation which residents could properly dispose of most unwanted items at approved County drop-off locations. Because the use is for residential purposes, the project is not anticipated to need or emit hazardous materials which could create a hazard to the adjacent school or the general public if released into the environment. The site is not listed as a hazardous materials site, is not located on any potential impact zones identified for John Wayne Airport, and there are no private airstrips nearby. The project has been reviewed by the Tustin Police Department which determined that the project will not interfere with any evacuation plans. The project has received preliminary review by the Orange County Fire Authority and since the total number of units is over 150, the additional units are required to be equipped with fire suppressant systems approved by the Orange County Fire Authority. All grading and construction is subject to compliance with all applicable Uniform Building and Fire Codes. As such, the project is not anticipated to result in any significant hazards. Sources: Uniform Building and Fire Codes Submitted Plans Tustin General Plan Item g - Less Than Significant Impact With Mitigation Incorporated: The site is currently developed with 148 mobile home units with one access from Browning Avenue. Since with the additional units the total number of mobile home units would exceed the Orange County Fire Authority's threshold of 150 units (requires a secondary access), the excess units are required to be equipped with a fire sprinkler system to mitigate any increased ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 6 response time that may be experienced in an emergency response situation due to limited access. Since the building permits will be issued by the State, to ensure that these mitigation measures are met, the applicant will be required to submit evidence that plans have been submitted to the OCF A for review and approval prior to issuance of a grading permit. Mitigation Measures/Monitoring Required: . Prior to the issuance of any grading permits, the applicant shall submit a Fire Master Plan to obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on-site. This plan shall indicate the locations of all existing and proposed fire hydrants on the project and shall indicate the locations of all fire lane signs and/or red curbs in the existing park as well as the proposed new addition. The applicant may contact the OCFA at (714) 573-6100 or visit the OCF A website to obtain a copy of the "Guidelines for Emergency Access." . Along with the Fire Master Plan, the applicant shall provide evidence of adequate fire flow. The "Orange County Fire Authority Water Availability for Fire Protection" form shall be signed by the applicable water district and submitted to the Fire Chief for approval. . Prior to the issuance of a grading permit, the applicant shall submit plans for the required automatic fire sprinkler system in all of the proposed structures to the Fire Chief for review and approval. Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire Authority Notes for New NFPA 13 Commercial Sprinkler Systems. " . Prior to the issuance of a certificate of occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. 8. HYDROLOGY & WATEROUALITY Items c. d. e, f. k, L m. n, o. p - Less Than Significant Impact: The project site is relatively flat, and the proposed project will continue to maintain a relatively flat site with improved site drainage, including roads, curbs and gutters, and additional landscaping. With new construction, there is the potential to impact stormwater runoff from construction and post-construction activities with stormwater pollutants from the maintenance of landscape areas and the trash enclosures. There is also the potential for discharge of stormwater to affect the beneficial uses of the receiving waters and changes in the flow velocity. or volume of storm water runoff. However, the project is required to comply with the City's Water Quality Ordinance and most recently adopted NPDES permit (Santa Ana Regional Water Quality Control Board (RWQCB) Order R8-2002-0010), thus reducing any potential impacts to a level of insignificance. Together, these regulations minimize water pollution by regulating point sources that discharge pollutants into local waters. As such, the project will not violate any water quality standards or waste discharge requirements or degrade water quality in the area. Mitigation Measures: N one Required. ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 7 Sources: Field Verification Submitted Plans Tustin City Code Items a, b, g, h, L and 1 - No Impact: The project site is relatively flat, and the proposed project will continue to maintain a relatively flat site with improved site drainage and additional landscaping. A significant amount of stormwater received on-site will percolate into the soil where landscaping is provided, and remaining storm water will be required to be conveyed through an approved filter prior to entering a City stormdrain. The City's stromwater infrastructure is able to accommodate additional water from the project. The applicant must provide a drainage and hydrology report to the City and demonstrate that the private stormwater drainage system will be able to able to handle the capacity of any wastewater directed into the system. Best Management Practices are required to be implemented for construction activity and would deter water from flowing off-site. As such, the project will not violate any water quality standards or waste discharge requirements or degrade water quality in the area. The project is located within Zone X (areas of 0.2 percent annual chance flood), as mapped on a Flood Insurance Rate Map. Accordingly, the project will be designed and graded with an appropriate drainage system to avoid any potential flood hazards. The project is not located within a 100-year flood hazard area structure which will impede or redirect flood flows. The project site will not expose people or structures to a significant risk of loss, injury, or death as a result of the failure of a levee or dam, or by inundation by seiche, tsunami, or mudflow. Mitigation Measures: N one Required. Sources: Field Verification Submitted Plans Tustin City Code Federal Flood Insurance Rate Map 9. LAND USE PLANNING Items a and b - Less Than Significant Impact: The proposed development would require approval of a General Plan Amendment (GP A) and a Zone Change to designate the unclassified site to Mobile Home Park (MHP). Mobile Home Parks are conditionally permitted in the MHP zoning; therefore, this proposal requires approval of a conditional use permit that will be considered by the Planning Commission and the City Council concurrently with the GP A and Zone Change applications. Assuming that the project components are approved, the proposed use would be consistent with the adjacent land use and zoning regulations, which are residential uses. The proposed development would meet the development standards of the City's Mobile Home Park (MHP) zoning district as follows: ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 8 Minimum Standard Building Site = 5 acres Individual Lot size = 2,800 sq. ft. Density = 10 du /acre Site Coverage = 75 percent Parking = 2 per unit Guest Parking = 1 per 10 units (15) Front Setback = 5 feet Individual Lot = 3 feet Proposed 1.12 new and 16.84 existing = total 1 7.96 acres 4,170 sq.ft. (average) 9 du/acre 58 percent double car garage 34 spaces 5 feet 4' -9" In addition, the proposed project would provide additional housing opportunities consistent with Goal 1 and Policy 1.3 and of the Housing Element, which encourage providing an adequate supply of housing to meet the need of a variety of housing types and the diverse socio-economic needs of all community residents and preserving affordable housing by maintaining mobile home parks. The project is acces'sible through the City's current street system through the existing mobile home park, and the project could be supported with existing transportation and public facilities. The proposed project would not divide an established community since the vacant site is surrounded by residential uses on the east, south, and west side. The proposed project is not located in the conservation plan or natural community conservation plan. The proposed project would not conflict with any applicable conservation plan. Mitigation Measures: N one Required. Sources: Submitted Plans Tustin General Plan Tustin Zoning Map Item c - No Impact: The project site is located within an urbanized area and does not conflict with any habitat conservation plan or natural community. conservation plan. Mitigation Measures: N one Required. Sources: Submitted Plans Tustin General Plan 10. MINERAL RESOURCES Items a & b - No Impact: The proposed project is not located on a mineral resource recovery site. The construction of ten (10) mobile home pads will not result in the loss of availability of a known mineral resource. Mitigation Measures/Monitoring Required: None Required ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 9 Sources: Submitted Plans Tustin City Code Tustin General Plan 11. NOISE Item a - Less Than Significant Impact With Mitigation Incorporated: The project site is located more than 300 feet from the freeway wall along the Interstate 5 freeway within an area with exterior Community Noise Equivalent (CNEL) contours within the 65 dB range (Figure N-I of Tustin Noise Element). The provisions of the State of California Noise Insulation Standards and the City of Tustin Noise Ordinance. limits the indoor noise levels for multifamily residential living spaces not to exceed 45 dB and exterior noise level not to exceed 55 dB. Table N-2 of the Tustin Noise Element identifies potential conflicts between the land uses and the noise environment. Per Table N-2, the proposed project falls within Zone B. Zone B implies minor soundproofing may be needed in the form of conventional construction, closed windows, and providing fresh air supply systems or air conditioning. There is an existing sound wall along the freeway; therefore, no additional barrier would be required along the northwesterly portion of the site. Building permits for installation of the mobile home units will be issued by the State, and the City of Tustin would not be reviewing and issuing building permits for the units. However, to maintain the required interior noise standard, the City recommends upgrades for exterior walls, roof insulation, and window glazing and restrictive use of window and door openings along .the north westerly portion of the site to reduce interior noise levels. These mitigation measures are only a recommendation. Since the building permits will be issued by the State, the City of Tustin is not the authorized agency to ensure implementation of these recommendations. Mitigation Measures Recommended: · Installation of air conditioners or fresh air supply system is recommended for all units to allow for closed windows and mitigating the freeway noise. · Installation of dual glazed windows is recommended. Use of limited window and door openings on the northwesterly property line along the freeway side to minimize noise exposure is also recommended. Sources: Tustin City Code Tustin General Plan Item b, c, & d - No Impact Although the grading and construction of the site may result in typical temporary construction noise impacts, the Tustin Noise Ordinance only allows construction activities to occur during the daytime on Monday through Saturday to eliminate construction noise during the nighttime hours. The proposed project will not create excessive ground vibrations, nor will it create a permanent increase in the existing ambient noise levels beyond the established standards. ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page 10 Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Code Item e & f - No Impact: The site is not located within an airport land use plan or within two (2) miles of a public or private airport. Although the project is not located within the John Wayne Airport flight path, it is in close proximity to the incoming flights over the State Route 55 freeway to John Wayne Airport. The City, County, and State criteria for Community Noise Equivalent (CNEL) for exterior residential uses is 65 dB consistent with the Tustin Noise standards. In accordance with the California Airport Noise Standards, John Wayne Airport performs quarterly noise monitoring at several locations. Based on the quarterly noise abatement reports, the project is not located within the 65 CNEL area/noise impact area. As a result, no specific method of construction would be required to mitigate the unanticipated aircraft noise impacts. The project, however, would be conditioned to meet City's noise standards. Mitigation Measures/Monitoring Required: None Required Sources: Orange County Airport Land Use Plan (ALUP) Tustin City Code Tustin General Plan 12. POPULATION & HOUSING Items a. b. and c - No Impact: The proposed project would increase the number of housing units in the area by 10 units, which is within the allowable housing units and population as identified in the City's General Plan. The increase in housing units and population would not be substantial in that new public streets or new public services would not need to be created. The proposed project would not displace any existing housing, but rather would provide for additional housing units. Sources: Submitted Plans Tustin City Code Tustin General Plan 13. PUBLIC SERVICES Item a - Less than Significant Impact: The proposed project would provide for ten (10) mobile home units. The proposed project is in an existing urbanized area where fire and police protection are currently provided. Although the project would increase the number of housing units within the area, no new streets, public services, or infrastructure would need to be created. ZC 06-001, GPA 06-22, CUP 05-028 Attachment A - Analysis Page II Sources: Submitted Plans Tustin City Code Tustin General Plan Adopted California Building and Safety and Fire Codes 14. RECREATION Item a - Less than Significant Impact Tustin City Code Section 9227 requires that a minimum of 100 square feet of recreation for each mobile home lot if more than 25 percent of the units are occupied with families with children under the age of fifteen (15). The project will be in compliance with the City requirements and provide for adequate on-site recreational opportunities. The proposed additional mobile home pads will be part of an existing mobile home park which includes an approximately 9,800 square foot park with a community pool, barbeque, and clubhouse. In addition, a new 6,379 square foot park will be provided with development of the new homes. The new park would be located on the vacant parcel, and development of a small neighborhood park will not have an adverse physical effect on the environment. The applicant will be required to submit landscape and irrigation plans for review and approval of the Community Development Department for development of the proposed 6,379 square foot park. By providing an on-site neighborhood park, there will be no substantial increase in use of existing neighborhood parks, and development of ten (10) units will not have the potential to substantially deteriorate existing park facilities. Items b - No Impact: While the residents of the project may use existing City parks, the increased use of existing parks would not be such that substantial deterioration of the facility would occur or be accelerated, nor would the project include recreational facilities that would have an adverse physical effect on the environment. Sources: Submitted Plans Tustin City Code Tustin General Plan 15. TRANSPORTATIONffRAFFIC Item a. b. c. d. e. f. g - No Impact: The most representative trip rates for the project are provided in Trip Generation published by the Institute of Transportation Engineer (ITE). The proposed ten (10) added mobile home dwelling units (and added park area) was compared to the abandoned railroad right-of-way (which generates no traffic), and it was concluded that the project has the potential to generate a total of 50 net daily trip ends, based upon the ITE rates. The net change in AM and PM peak hour generation is anticipated to be five and six trip ends. These findings were based on reference of trip generation rates found to be most representative of the proposed ZC 06-001, GP A 06-22, CUP 05-028 Attachment A - Analysis Page 12 project. Based upon the projected traffic and the adjacent street system, it has been determined there is sufficient capacity to accommodate the proposed project. No significant AM or PM peak hour impacts are anticipated. The proposed project will not induce substantial population or growth wherein the project will not result in changes to air traffic patterns or conflict with adopted policies, plans, or programs supporting alternative transportation such as bus turnouts or bicycle racks. The project includes sufficient on-site parking including guest parking to comply with current parking requirements for the proposed use. As such, no impacts to parking are anticipated. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code 16. UTILITIES & SERVICE SYSTEMS Items a, b, c, d, e, f & g - No Impact: The proposed project will not exceed the requirements of the applicable Regional Water Quality Control Board or require or result in the construction of new water or wastewater treatment facilities. The proposed project will utilize the existing sewer and storm drain systems and thus will not require constnlction of a new storm water drainage facility or solid waste facility. The project would be required to submit a hydrology report to ensure proper grading, drainage, and sewer systems. The project will utilize the City's existing trash hauler contract, thus not requiring a new trash hauler. Adequate water supply from existing resources will be available to serve the proposed proj ect. Mitigation Measures/Monitoring Required: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan MANDATORY FINDINGS OF SIGNIFICANCE Items a, b & c - No Impact: The project design, construction, and operation will comply with applicable regulations. The project, by nature of its location and as designed, does not have the potential to: degrade the quality of the environment; reduce the habitat of fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; reduce the number or restrict the range of a rare or endangered plant or animal; or, eliminate important examples of the major periods of California history or prehistory. The project does not have the potential to achieve short-term environmental goals to the disadvantage of the long-term. It does not have impacts that are individually limited but cumulatively considerable or that would cause substantial adverse impacts on human beings. ATTACHMENT E Resolution No. 06-118 RESOLUTION NO. 06-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING GENERAL PLAN AMENDMENT 06- 002 TO ASSIGN THE PROPERTY LOCATED AT 14092 BROWNING AVENUE WITH THE MOBILE HOME PARK GENERAL PLAN LAND USE DESIGNATION The City Council does hereby resolve as follows: I. The City Council finds and determines as follows: A. That General Plan Amendment 06-002 application was submitted by New Villa Valencia Mobile Home Estates to assign the property located at 14092 Browning Avenue (an abandoned railroad right-of-way, APN 432-361-08) with Mobile Home Park general plan. B. That a public hearing was duly called, noticed, and held on said application on September 25, 2006, by the Planning Commission and the Planning Commission adopted Resolution No. 4039 recommending that the City Council approve General Plan Amendment 06-002 and Zone Change 06- 001. The Planning Commission approved Conditional Use Permit 05-028 for development of the site with ten mobile home pads pending approval of the proposed general plan amendment and zone change. C. That a public hearing was duly called, noticed, and held on said application on October 2, 2006, by the City Council. D. That General Plan Amendment 06-002 is consistent with and implements the following Land Use Element goals and policies of the General Plan: . The proposed project would provide additional housing opportunities consistent with Goal 1 and Policy 1.3 and of the Housing Element, which encourage providing an adequate supply of housing to meet the need of a variety of housing types and the diverse socio-economic needs of all community residents and preserving affordable housing by maintaining mobile home parks. E. That the property is surrounded by residential uses and is appropriate for the proposed mobile home park use. F. The proposed density of 8.9 units per acre meets the maximum density requirements of ten (10) units per acre of the Mobile Home Park General Plan Designation and zoning code requirements. G. That the proposed amendments to the land use designation are in the best interest of the public and ensure consistency between the General Plan and the Zoning Ordinance. Resolution No. 06-118 Page 2 I. That a Final Negative Declaration was prepared and adopted on October 2, 2006, in accordance with the provisions of the California Environmental Quality Act (CEQA). II. The City Council hereby approves General Plan Amendment 06-002 assigning the project site at 14092 Browning Avenue with Mobile Home Park General Plan Land Use Designation. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 2nd day of October, 2006. DOUG DA VERT MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE) SS CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 06-118 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of October, 2006, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK ATTACHMENT F Ordinance No. 1318 ORDINANCE NO. 1318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 06-001 TO ASSIGN THE PROPERTY LOCATED AT 14092 BROWNING AVENUE WITH THE MOBILE HOME PARK ZONING CLASSIFICATION FOR DEVELOPMENT OF TEN ADDITIONAL MOBILE HOME PADS. The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. That New Villa Valencia Mobile Homes Estates submitted a proper application for Zone Change 06-001 to allow development of ten additional mobile home pads on an abandoned railroad easement located at 14092 Browning Avenue. B. That a public hearing was duly called, noticed, and held on said application on September 25,.2006, by the Planning Commission and the Planning Commission adopted Resolution No. 4039 recommending that the City Council approve General Plan Amendment 06-002 and Zone Change 06-001. The Planning Commission approved Conditional Use Permit 05-028 for development of the site with ten mobile home pads pending approval of the proposed general plan amendment and zone change. C. That a public hearing was duly called, noticed, and held on said application October 2, 2006, by the City Council. D. That the proposed development would meet the development standards of Mobile Home Park (MHP) zoning designation in accordance with Tustin City Code Section 9227. E. The proposed zone change supports and is consistent with the Tustin General Plan in that the proposed project would provide additional housing opportunities consistent with Goal 1 and Policy 1.3 and of the Housing Element, which encourage providing an adequate supply of housing to meet the need of a variety of housing types and the diverse socio-economic needs of all community residents and preserving affordable housing by maintaining mobile home parks. Ordinance 1318 Page 2 Section 2. The City Council hereby approves Zone Change 06-001 to amend Tustin Zoning Map to assign the property located at 14092 Browning Avenue with Mobile Home Park (MHP) zoning designation, as identified in Exhibit A, attached hereto. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of the regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unc9nstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the day of , 2006. DOUG DAVERT MAYOR PAMELA STOKER CITY CLERK Ordinance 1318 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1318 PAMELA STOKER, 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 5; that the above and foregoing Ordinance No. 1318 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 2nd day of October, 2006 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2006 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Exhibit A Ordinance No. 1318 . -...... .6c ~ ~&' ~ ~() C' General Plan Amendment 06-002 Zone Change 06-001 Current Zoning: Proposed Zoning: Unclassified Mobile Home Park (MHP) Current General Plan Designation: Proposed General Plan Designation: Unclassified Mobile Home Park (1-tO du/acre)