Development Feature Requirement by Zoning District
R5
• 65 units per acre for projects that reserve 50% of units or more for lower income households
Minimum density 30 units per acre
Setbacks Minimum setbacks required on the ground floor from perimeter property lines of a project (does not include the sidewalk and curb).
Street Frontage 10 ft.
Interior property
line (abutting nonres. zone)
None
(a maintenance agreement shall be recorded on the deed prior to issuance of the certificate of occupancy)
Interior property
line (abutting res.
zone)
• Abutting R1/GH zone, one of following options: (1) 30 ft. with a min. step-back of 20 ft. above the height of 35ft.; OR (2) 100 ft. setback with no step-back.
• Abutting R2, R3, R4, and R5 zones, 10 ft. setback with step-backs that do not protrude past a 45-degree daylight plane intersecting the property line 10 ft. above average grade.
• Interior setback areas may be counted toward private open space (not public open space requirement) when landscaped and designed for functional use by the residents.
Upper Level StepBack(12)(14) Upper level step-back of 15 ft. average of all street-facing upper floors above 35ft.
Exception: Average step-backs do not apply along interior property lines abutting R1/GH/R2/R3/R4 zones (See setbacks from interior property lines abutting residential zones).
Height Limit(5) 5 stories and 55 ft.
Height
Modulation(13)
A square box is not an acceptable design and the modulation of the heights is required to provide visual interest and reduce the scale of building mass. Accordingly, a proposal shall include a building step-back on the street frontage and the two following elements:
Height
Modulation(13)
Private and
common open
space
Height variation: a change in roof heights of at least 10 ft. every 150 linear ft.
• Corner: A ground level plaza or a prominent corner feature that is differentiated by height and design features from the primary massing of the building by a minimum of 10 ft. To qualify, corner feature shall have a measurement of at least 25 linear ft. in each direction.
An average of 100 square feet per residential unit through any combination of the following:
• Private open space with no dimension smaller than 7 ft. • Common open space with no dimension smaller than 20 ft.; a minimum of 20% of common open space must be landscaped with live drought tolerant plant material.
Onsite amenities One private amenity for the use of all residents shall be provided for each 25 residential units, plus one private amenity for any units beyond the last full increment of 25 units (e.g., a development with 51 units would be required to provide three private amenities). Multiple but separate
Development Feature Requirement by Zoning District
R5
amenities of the same type may be used to meet this requirement.
Amenity features may include, but are not limited to:
• Indoor or outdoor recreation area;
• Gym/yoga studio;
• Swimming pool/hot tub;
• Lounge;
• Common area balcony or rooftop deck;
• Barbeque areas;
• Electronic game room;
Similar non-required uses as determined by the director.
Façade and Massing
Variation
• Blank expanses of walls and lack of variation in the façade is not an acceptable design. Recesses and projections of the façade in combination with changes in colors, materials, and articulation create the desired quality and visual interest. In every building frontage, at least one of the following elements shall be incorporated:
Modulation Major recess/projection of at least 2 ft. depth and 4 ft. in width every 150 linear ft. plus a minor recess/projection of at least 1 ft. depth and 2 ft. in width every 50 linear ft.
Delineated base,
middle, top
• Change in materials (acceptable street level materials include a preponderance of brick, wood, stone, or similar detailed materials. Above the first floor, no more than 80% of an elevation may be clad in EIFS or stucco); or
• Design that creates distinct vertical and horizontal visual separation through color, material, cornice trim, and/or awnings; or • Upper level step-backs.
Building
Separations(14)
A building separation shall be provided on each street facing building elevation of 250 linear feet or more through at least one of the following means:
• A building separation of an average width of 40 ft. and an average depth of 25 ft. with a minimum 1,200 sf of area that extends to the street level and is open to the sky; OR
• A building separation that begins at the second floor of an average width of 40 ft. and an average depth of 20 ft. that is open to the sky. The ground level floor within the separation area must be set back an average of 5 ft. from the main building façade.
Between separate
structures
10 ft. min. with an average of 20 ft. except 15 ft. average between sidewalls and front or rear of other buildings. No setbacks are required between buildings with no openings on adjoining walls. See Section
21.08.050(b) for accessory structures.
Minimum
residential storage
areas
Each dwelling unit shall have a minimum of 200 cubic feet of individually enclosed, weatherproofed, and lockable storage space. Such space shall be for the sole use of the occupant of the dwelling unit and may be provided within individual storage lockers, cabinets, or closets within the garage area if neither the space nor the doors leading thereto overhang a parking
Development Feature Requirement by Zoning District
R5
space assigned to another unit. If storage areas are provided adjacent to private open space areas, the storage space cannot count toward the private open space requirement. Storage areas inside dwelling units must be separate from typical forms of interior storage including closets, pantries, linen closets, and kitchen/bathroom closets.
Landscaping As required by Chapter 21.20 (Landscaping)
Parking As required by Chapter 21.22 (Parking and Loading) Mail Distribution Mail distribution areas shall be well lit and secure but shall remain open to the tenants at all times.
Notes:
(1) Maximum Number of Dwelling Units Allowed per Net Buildable Acre in a Single-Family Subdivision or Multi-Family Project. The actual number of units allowed is determined through the subdivision or land use permit process, as applicable.
(2) Minimum 5-ft. side yard setback required for second story additions in zero lot line developments.
(3) At least 1,000 sq. ft. of open area shall remain in the rear yard and subject to other requirements of Section 21.08.050 (Standards for specific land uses), subsection (b) (Accessory uses and structures).
(4) These setbacks apply to parcels that are “through-lots” with an area greater than 10,000 sq. ft. (5) Maximum Allowed Height of Structures. See also Section 21.18.050 (Height measurement and height limit exceptions). No architectural features, windows, etc., above second story eave line. (6) Maximum wall height of 10 ft. for first story area used to meet 70% ratio requirement. The square footage of any vaulted ceiling area above the 10-ft. wall height shall be counted toward the second story area when calculating the 70% second to first story ratio. (7) For R1 purposes only, FAR is to be calculated on living area only, including living area for second dwelling units. Garage area is not part of the FAR calculations. (8) FARs for new subdivisions of 5 lots or more shall be determined by the commission. (9) The portion of a second story balcony or deck that is covered by a roofed structure shall be counted toward the 70% ratio.
(10) Covered balconies, second story decks, and second floor open courtyards, where more than 50% of the perimeter walls of the covered balcony, second story deck, or second floor open courtyard are enclosed, shall count towards the maximum FAR.
(11) Garages in excess of the maximum size requirements shall have the additional square footage counted toward the maximum FAR. Ancillary uses such as workshops, laundry facilities, and storage may be included in the maximum garage area as long as the primary purpose of the garage, which is for vehicle storage, is maintained.
(12) Step-backs: the minimum distance that the main exterior walls of the upper portion of a building that is located above 35 feet are set back from the exterior wall of the lower portion of the building.
(13) Elevator and stair overruns shall not be counted as part of the roofline modulation. (14) For purposes of measuring averages used in this chapter (setbacks, step-backs, building separations, open areas), measurements shall be taken from the exterior wall of the main habitable building and shall not be measured from the edges of covered and uncovered balconies, porches, and decks, nor measured from the edges of canopies, awnings, non-habitable architectural projections, and similar features.
TABLE 2-4
MINIMUM RESIDENTIAL FLOOR AREA REQUIREMENTS
Minimum Area by District
Dwelling Size R1, GH (1) R2, R3, R4 (2)
Studio N/A 500
1 bedroom 1,150 750
2 bedrooms 1,225 950
3 bedrooms 1,400 1,150
Notes:
(1) In tract No. 569, an additional 100 sq. ft. per additional bedroom is required for more than 4 bedrooms.
(2) For more than 3 bedrooms, an additional 100 sq. ft. per additional bedroom is required. …”
SECTION 7
Section 21.08.050(h) is hereby added as follows:
“…
(h) Multi-Family Uses in the R5 Zone.
(1) Laundry Facilities. Laundry facilities shall be provided for the residential development. Common laundry facilities for the exclusive use of the residents shall be provided on-site unless laundry facilities are provided within each unit. Common laundry facilities shall be secure and well lit from dusk until dawn. Washers and dryers shall be provided at the following ratios:
(A) One washer and dryer for every fifteen units where hook ups are not provided in each individual unit.
(B) One each washer and dryer for every twenty-five units where hook ups are provided in each individual unit.
(2) Refuse/Recycling/Organics Collection.
(A) Per Section 21.18.100 except as noted herein or as shown in an approved trash management plan prepared by a professional trash management company. (B) Trash collection shall be within enclosures so that trash bins are not visible. Trash chutes shall be placed in enclosed rooms with design consideration to minimize odors and noise. Trash bins shall be stored in an enclosed space except for trash pickup days. When trash chutes are utilized, the trash collection areas do not need to be located within a minimum distance from the doorway of the dwellings that they are intended to serve. (C) Refuse/recycling/organics collection bins shall be stored in an enclosed space except for trash pickup days. On trash pickup days, bin collection shall occur on site or within newly created loading, drop off and pullout areas outside of the required public street and shall be located in areas that minimize noise impacts to residents. Bin collection areas shall not be located in
required parking spaces and open space, or block vehicular access, bus stops, pedestrian access, deceleration lanes, and access to residential amenities. (D) Trash, recycling and organics storage areas must be covered or stored under a structure to prevent storm water from coming in contact with the containers or the interior of storage area.
(E) A trash, recycling and organics storage area may be located below grade if the access ramp does not exceed fifteen percent, and the minimum clearance at every point along the path of access is seven feet. These requirements do not apply if the said trash, recycling and organics area is otherwise serviced by freight elevators.
(F) The trash, recycling and organics storage area shall be maintained in a good state of repair at all times.
(G) All trash, recycling and organics containers shall be stored in the designated storage area. No one shall store trash, rubbish or containers for trash, recycling or organics in any building, open area or any other area outside the designated storage area. (3) Residential Bicycle Storage Areas. Secure, adequate and convenient storage shall be provided for the tenant’s bicycles. Provide secure bicycle parking for five percent of the tenant-occupant vehicular parking spaces with a minimum of one bicycle parking facility. Acceptable bicycle parking includes covered, lockable enclosures with permanently anchored racks for bicycles; lockable bicycle rooms with permanently anchored racks; or lockable, permanently anchored bicycle lockers. (4) Property Management. Management office(s) shall be mandatory for multifamily developments of ten or more units and shall be staffed daily and be located at a main, visible point within a multifamily project.
(5) Encroachments. The following may encroach into the required setbacks and step-backs in the R-5 Zones:
(A) On the roof of a lower floor created by a required step-back: decks to the edge of the lower floor’s main building wall.
(B) Unenclosed ground level porches: eight-foot encroachment. (C) Non-habitable cantilevered architectural features from the exterior building wall of the main structure, including canopies, awnings, cornices, and eaves, may extend up to five feet into required setbacks and step-backs. On the ground floor facing a street, these features may extend ten feet into the required setbacks but in no case into the public right-of-way.
(D) Private open space is permitted in interior setbacks. (E) Mechanical, fire safety and electrical equipment when screened/camouflaged unless approved otherwise based on written requirements of the controlling agency. (F) No more than forty percent of balconies shall extend beyond the main habitable building wall of each elevation and the maximum projections shall be twenty-five percent of the balconies’ full depth. All other balconies shall be recessed behind the main habitable building wall of each elevation.
(G) No portion of a building shall encroach into the public right-of-way. …”
SECTION 8
Chapter 21.17 Inclusionary Housing Program is hereby adopted as follows:
“...
Chapter 21.17 INCLUSIONARY HOUSING PROGRAM
The Ordinance codified in this Chapter shall be known and may be cited as the “Inclusionary Housing Program” component of the City of Fountain Valley.
21.17.010 Purpose
The purpose of this Inclusionary Housing Program is to establish standards and procedures that:
(a) Enhance the public welfare by encouraging the development of housing affordable to a range of Extremely Low-, Very Low-, And Low-Income Households.
(b) Encourage development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments.
(c) Ensure that future residential development is consistent with the State of California and the City of Fountain Valley’s housing policies.
(d) Ensure that each Residential Development Project complies with the requirements of this Chapter and is consistent with the City's housing goals of developing affordable housing opportunities, creating diverse housing opportunities for existing and future residents, and maintaining economic diversity and geographically dispersed affordable housing.
20.17.020 Definitions
(a) Accessory Dwelling Unit (ADU) shall mean an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary single-family dwelling. An ADU shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling. The term ADU also includes an efficiency unit and a manufactured home, provided it is built on a permanent foundation and located on the same parcel as the single-family dwelling. An ADU may be located within an existing attached or detached garage, shed, barn or other accessory structure of the single-family dwelling. (b) Affordable Dwelling Unit (or Affordable Unit) shall mean, for the purposes of this Chapter, a dwelling unit affordable to Extremely Low-, Very Low-, and Low-Income Households as those terms are defined in the California Health and Safety Code (“HSC”) as implemented by the California Code of Regulations (“CCR”). Area median income shall be “adjusted for family size appropriate for the units” pursuant to HSC section 50052.5 that assumes one person in a studio unit, two persons in a one-bedroom unit, three persons in a two-bedroom unit, four
persons in a three-bedroom unit, five persons in a four-bedroom unit, and six persons in a five-bedroom unit. An Affordable Unit may also be an Inclusionary Unit. (c) Affordable Housing Agreement shall mean a written agreement between the City of Fountain Valley (and/or the Fountain Valley Housing Authority) and the owner (developer) of the subject property evidencing covenants of the location, number of units at subject property (both existing, if any, and/or to be constructed onsite), type of units (ownership or rental), number of Affordable Units based on income category and Affordable Housing Cost or Affordable Rent, as applicable, length of Affordability Period, approximate size of unit(s) including number of bedrooms, location of Affordable Units within, and as to multiple units distributed reasonably within, the subject property, and construction schedule of all dwelling units and an agreement to file a deed restriction and lien in favor of the City to secure the affordability restrictions. The Affordable Housing Agreement (and/or the Regulatory Agreement attached thereto) shall be subject to review and approval by the Community Development Director and City Attorney, with the option of consideration and action by the City Council. The Affordable Housing Agreement (and/or the Regulatory Agreement attached thereto) shall be recorded in the Official Records, County of Orange, State of California (“Official Records”) as a condition precedent to the issuance of the first building permit for the subject construction at the subject property (d) Affordable Housing Cost shall mean as defined in HSC sections 50052.5 and 50053 for ownership and rental units.
(1) For ownership units and for purposes of determining Affordable Housing Cost pursuant to 25 CCR 6920 means that “Monthly Housing Payments” shall include an estimate of the following costs for the upcoming twelve months:
(A) Principal and interest payments on the mortgage loan, including rehabilitation loans
(B) Mortgage loan insurance fees
(C) Property taxes and assessments
(D) Fire and casualty insurance
(E) Property maintenance and repairs
(F) A reasonable allowance for utilities (including garbage collection, sewer, water, electriCity, gas and other fuels, but not telephone service). Such an allowance shall take into consideration the cost of an adequate level of service (based on the Orange County Housing Authority utility allowance.) (G) Homeowner association fees
(H) Space rent, if the housing unit is on rented land.
(2) For rental units and for purposes of determining Affordable Rent pursuant to 25 CCR 6918 means that Rent is an average of estimated housing costs for the next twelve months. “Rent” includes the total of monthly payments for all of the following:
(A) Use and occupancy of a housing unit and land and facilities associated therewith. (B) Any separately charged fees or service charges assessed by the lessor which are required of all tenants, other than security deposits.
(C) A reasonable allowance for utilities not included in the above costs, including garbage collection, sewer, water, electriCity, gas, and other heating, cooking, and refrigeration fuels. Utilities does not include telephone service. Such an allowance shall take into consideration the cost of an adequate level of service (based on the Orange County Housing Authority utility allowance.) (D) Possessory interest taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than the lessor.
(e) Affordable Housing Operator or Operator shall mean a non-profit housing development corporation whose primary function is the provision and/or management of affordable housing units.
(f) Affordable Housing Sales Price shall mean the maximum price that can be charged for an Inclusionary Unit based on the qualifying household’s income. (g) Applicant shall mean one (1) or more person(s) or entity(ies) that applies for a residential development in the City, regardless of whether the person(s) or entity(ies) have an ownership or leasehold interest in the property on which the development is proposed. (h) Attached Single-Family Dwelling Unit for the purposes of this Chapter shall mean a single-family dwelling unit having one or more walls attached to and in common with one or more single-family dwellings.
(i) Base Density shall mean the maximum number of dwelling units allowed per acre of land within each land use category designated in the General Plan.
(j) Density Bonus shall mean a density increase over the otherwise maximum allowable Base Density on the subject property, as may be permitted pursuant to California Government Code Section 65915, et seq., and Fountain Valley Municipal Code Chapter 21.08.050, et seq. (together, “DBL”). (k) Detached Single-Family Dwelling Unit shall mean a dwelling unit intended for use by a single household and not attached to any other building.
(l) Development agreement shall mean an agreement entered into between the City and an owner, as developer, affecting the subject property pursuant to California Government Code Section 65864, et seq.
(m) Development standard shall mean each, all and any objective site condition or construction condition, including, but not limited to, height limits, required setbacks, maximum floor area ratio, onsite open-space requirement, or required parking that applies to a residential development pursuant to any ordinance, General Plan, specific plan, zoning, condition of approval, or other local law, policy, resolution, or regulation. (n) Extremely Low-Income Household is defined in HSC Section 50106. (o) For-Sale Residential Development Project shall mean a Residential Development Project that includes the creation of one or more new dwelling units that may be sold individually. A For-Sale Residential Development Project also includes the conversion of a residential rental development to a residential ownership development.
(p) Housing Type shall mean the specific building construction design as distinguished by the number of households per structure and the degree to which walls or ceilings/floors are shared. For the purposes of this Chapter, the three Housing Types are Attached Single-Family Dwelling Unit, Detached Single-Family Dwelling Unit, and Multi-Family Unit. (q) Inclusionary Housing Program Administrator or Administrator shall mean either be the City itself or a third-party administrator, retained to provide professional services and acting as a representative of the City in connection with certain to all aspects of the operation of the Inclusionary Housing Program pursuant to a contract entered into between the City and the thirdparty administrator, as such agreement may be amended or replaced from time-to-time. (r) Inclusionary Housing Fund shall mean the fund created and maintained by the City in which all fees, both in-lieu and other fees, collected in compliance with this Chapter 21.17, shall be deposited.
(s) Inclusionary Housing Plan shall mean a set of narratives and site plans detailing how the provisions of this Chapter will be implemented for the proposed development project, subject to the approval of the Community Development Director and City Attorney, with the option to present to the Planning Commission for review and recommendation to the City Council for their approval.
An Inclusionary Housing Plan shall be submitted by the developer in a form specified by the Community Development Director detailing how the provisions of this Chapter 21.1 will be implemented for the proposed Residential Development Project. (t) Inclusionary Unit shall mean a dwelling unit intended for sale or rent that is required by Section
21.17.040 to be affordable to Extremely Low-, Very Low-, or Low-Income Households. (u) Low Income Household is defined in HSC Section 50079.5. (v) Lower income household is a general term, which refers to households whose gross income falls under the categories of Extremely Low-, Very Low-, or Low-Income as those terms are defined in the HSC and this Chapter.
(w) Market Rate Unit shall mean a new dwelling unit in a residential development project that is not an Inclusionary Unit and is available for sale or rental at market rate.
(x) Multi-Family Unit shall mean a residential unit intended for the use of a single household that is part of a larger building or complex having one or more walls and one or more floors/ceilings attached to and in common with other residential units. (y) Regulatory Agreementshall mean an agreement entered into between the City of Fountain Valley (and/or the Fountain Valley Housing Authority) and the owner (developer) of the subject property by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time and which Regulatory Agreement is recorded against the subject property in the Official Records as a senior nonsubordinate encumbrance to any and all monetary liens, except tax liens or other monetary liens with express statutory priority. (z) Rental Residential Development Project shall mean a Residential Development Project that creates one or more dwelling units that cannot be lawfully sold individually in conformance with the Subdivision Map Act.
(aa) Residential Development Project shall mean a development that includes the creation of one or more new dwelling units, conversion of nonresidential uses to dwelling units, or the conversion of an existing rental residential development to a residential ownership development. (bb) Tenure shall mean the financial arrangement and ownership structure under which an occupant lives in a housing unit. The two primary types of tenure are rental, in which rent is paid by the occupant to a landlord, and ownership, where the occupant(s) has/have acquired title to the unit (with or without a mortgage).
(cc) Very Low-Income Household is defined in HSC Section 50105.
21.17.030 Applicability
(a) Applicability. This section shall apply to all residential developments where the lots or units will be offered for sale or for rent.
(b) Exemptions. The provisions of this Chapter shall not apply to the following projects:
(1) Projects that do not include a residential component. (2) Any project that provides affordable housing in a manner that is equivalent to or better than the requirements of this Chapter, such as for example a project that has greater, deeper, and longer affordability covenants than required by this Chapter. (3) Accessory Dwelling Units.
(4) Residential Development Projects that consist only of less than 10 units including ADUs (each ADU counted as one-half unit).
(5) Residential Development Projects on property with vested rights in effect on the effective date of this Chapter, including:
(A) Property that is part of a Vesting Tentative Map.
(B) Development that is part of an existing Development Agreement with the City. (6) Construction of a dwelling unit to replace a previously existing dwelling unit on the same lot that was demolished or destroyed within the last five (5) years. (A) A project shall provide at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the Property within past 5 years.
(B) Protected units must be replaced with new units consisting of the same number of bedrooms at the same income level as the protected unit with specified exceptions for single-family dwellings being built and single-family dwellings being replaced. (Government Code Section 66300(d)(2).)
(7) Residential Development Projects exempted by state law. (8) Mobile homes.
(9) Remodels and additions to single-family homes.
21.17.040 Inclusionary Housing Requirements
All new Residential Development Projects shall include Inclusionary Units. Calculations of the number of Inclusionary Units shall be based on the number of dwelling units in the Residential Development Project, excluding any density bonus units allowed pursuant to DBL. All required Inclusionary Units shall be built on the same site as the Residential Development Project. (a) Inclusionary Requirement. All new Residential Development Projects shall rent or sell fifteen percent of the units at an affordable housing cost. The fifteen percent total may be achieved using any combination of percentage of units affordable to Extremely Low-, Very Low, and Low-Income Households. The fifteen percent may also be achieved using a combination of built units and the payment of in-lieu fees.
(b) Fractional Units. When the application of the percentages specified in Section 21.17.040(a) results in a number that includes a fraction equal to one-half (0.5) or more, the fraction shall be rounded to the next higher whole number. If the result includes a fraction less than one-half (0.5), the applicant shall have the option of rounding up to the next whole number and providing the Inclusionary Unit or paying a fee in lieu of providing the fractional Inclusionary Unit. (c) State Density Provisions. Any Inclusionary Units provided on site in compliance with this Chapter may be used to qualify for a density bonus as defined in DBL. (d) Affordable Housing Agreement. The applicant shall execute a written agreement with the City to determine project compliance with the requirements of this Chapter.
(e) Construction Timing. All Inclusionary Units shall be constructed and occupied in proportion to the number of Market Rate Units constructed and occupied as measured on an annual basis. A larger number of Inclusionary units can be constructed and occupied earlier than the same proportion of Market Rate Units.
21.17.050 In-Lieu Fee option
As an alternative means of compliance, a developer of a Residential Development Project may pay a fee in lieu of providing onsite Inclusionary Units.
(a) Purpose. This in-lieu fee is an option that may serve as an alternative to the provision of on-site inclusionary units as otherwise required by Section 21.17.040. Nothing in this Chapter shall deem or be used to deem the in-lieu fee authorized in this section as an ad hoc exaction, as a mandated fee required as a condition to developing property, or as a fee subject to the analysis in Building Industry Association of Central California v. City of Patterson, 171 Cal.App.4th 886 (2009) and subsequent applicable precedent.
(b) Amount. In-lieu fees shall be set by resolution of the City Council and shall be an amount sufficient to pay the proportionate cost of providing Inclusionary Units elsewhere in the City. The fee shall be periodically reviewed and updated by the City Council. The amount of in lieu fees shall be included in the City's master fee schedule and may be adjusted annually for inflation using an appropriate index, as determined by the City Council.
(c) Timing of Payment. Payment of in-lieu fees shall be due at, and as a condition precedent to, the issuance of building permits for all Residential Development Projects. In the event of a phased Residential Development Project, i.e., units constructed in phases, in-lieu fees shall be paid prior to issuance of each building permit in the proportion that the phase bears to the overall Residential Development Project. The fees shall be calculated based on the fee schedule in effect at the time the permit is used.
(d) Use. The City shall use in-lieu fees paid under this Chapter to support the development of new housing (or newly converted units) affordable to Extremely Low-, Very Low-, and Low-Income Households on sites in the City, and/or to improve and preserve the existing supply of affordable housing in the City. In-lieu fees paid under this Chapter may also be used to support appropriate Inclusionary Housing Program implementation and enforcement, provided the fees allocated toward these activities are established by City Council resolution per Section 21.17.070(b). (e) Density Bonus. Any inclusionary units satisfied through the payment of an in-lieu fee shall not be used as the basis for a density bonus as provided by state law.
21.17.060 Inclusionary Unit Standards
The following standards shall apply to all Inclusionary Units built to satisfy the requirements of this Chapter.
(a) Recipient Requirements. All inclusionary units shall be sold or rented to:
(1) Extremely Low-, Very Low-, or Low-Income Households;
(2) The City of Fountain Valley, the Fountain Valley Housing Authority, or their designee(s). (b) Physical Characteristics and Quality. The Inclusionary Units within a Residential Development Project shall:
(1) Have an average square footage of at least eighty-five percent of Market Rate Units within the same Housing Type (detached single family, attached single family, or multi-family) with the same bedroom count.
(2) Be developed with the same bedroom count ratio as the Market Rate Units within the same Housing Type.
(3) Have the same interior finishes and features as the Market Rate Units. (4) Have the same exterior design and overall quality of construction as the Market Rate Units.
(5) Have garages in the same proportionality as Market Rate Units. (c) Housing Type and Tenure. The Inclusionary Units within a Residential Development Project can:
(1) Be different in Housing Type and Tenure than those of Market Rate Units, provided the Housing Type is permitted by the underlying zoning.
(2) For For-Sale Single-Family Residential Development Projects zoned exclusively for singlefamily detached housing, an inclusionary housing project may include Attached SingleFamily Dwelling Units if necessary to accommodate a density bonus. (d) Location. All Inclusionary Units shall have the same vehicular and pedestrian access to common open space and shared facilities in the Residential Development Project as do the Market Rate Units.
(e) Eligibility Screening. The Operator shall screen prospective homebuyers or renters of Affordable Units, with oversight from the Administrator. Buyers of Affordable Units shall enter into an agreement with the City. Occupants must be selected by means of an open, public process that ensures that individuals of a group of interested participants are selected in accordance with City policy and State law. Private selection of individuals by project owners or developers (or their representatives) is not permitted for any Affordable Units. (f) Certification of Homebuyers. The developer as to the initial sale of a For-Sale unit, and all subsequent owners of an Inclusionary Unit offered for sale shall certify under penalty of perjury, on a form provided by the City (or Housing Authority), the income of the homebuyer household (purchaser) and that such owners will live in the Inclusionary Unit as their primary personal residence.
(g) Ongoing Affordability of For-Sale Units. In order to maintain the availability of For-Sale Inclusionary Units constructed pursuant to this Chapter, the following requirements shall apply to Inclusionary Units, as documented through an Affordable Housing Agreement:
(1) The Affordable Sales Price of For-Sale Inclusionary Units shall be restricted to a period of 55 years (“For-Sale Affordability Period”), as documented through an Affordable Housing Agreement and as the same is recorded in the Official Records. (2) The Affordable Sales Price shall reset upon resale of the unit(s) to the qualified successor household, as homebuyer at resale, based on the then-current state income and Affordable Housing Cost thresholds.
(A) In order to maintain the availability of the ownership Inclusionary Units, the resale price shall be limited to the lesser of the fair market value of the units as established by an independent licensed real estate agent based upon three comparable properties or the restricted resale price. For these purposes, the restricted resale price shall not exceed the Affordable Housing Cost applicable to the unit at such time of resale. As to determining fair market value, the real estate agent or first mortgage lender for the buyer may use the Fannie Mae Desktop Underwriter (DU) as an acceptable method of valuation of the subject unit (3) The owner shall occupy the Inclusionary Unit as the owner's principal place of residence within 60 days of the owner's receipt of a certificate of occupancy for the unit. (4) The owner shall reside in the Inclusionary Unit for at least 10 months out of each calendar year to be considered as occupying the Inclusionary Unit. (5) The owner shall not lease or rent the Inclusionary Unit or any portion of the Inclusionary Unit to another party. Any lease of the Inclusionary Unit or a portion of the Inclusionary Unit will constitute a default under the requirements of this Chapter. (6) Upon the death of an owner of an owner-occupied Inclusionary Unit, title to the property may transfer to the surviving joint tenant, or to an heir in the case of the death of a sole owner or all owners of the household. In connection with the resale of the unit by the surviving joint tenant or heir, all requirements of this Chapter apply. (7) If an ownership Inclusionary Unit is sold for an amount in excess of the resale price controls required by this Chapter, the buyer and the seller shall be jointly and severally liable to the City for the amount in excess of the Affordable Housing Cost at the time of such resale. Recovered funds shall be deposited into the Inclusionary Housing Fund.
Notwithstanding the foregoing, the City may allow the buyer and seller to cure any violation of the resale price controls within 90 days.
(h) Ongoing Affordability of Rental Units. In order to maintain the availability of Inclusionary Units constructed pursuant to this Chapter, all Rental Inclusionary Units shall remain affordable for 55 years (“Rental Affordability Period”), as documented through an Affordable Housing Agreement (and Regulatory Agreement) as the same is recorded in the Official Records. (1) The owner of any Rental Residential Development Project shall certify on a form provided by the City of the household income (all adult members of tenant household) at the time of initial rental and annually thereafter.
(2) Any owner, as lessor or landlord, that leases or rents an Inclusionary Unit in violation of this Chapter shall be required to forfeit to the City all money so obtained. Further, then existing tenants who were overcharged above Affordable Rent shall receive a cash rebate or credit as to future rent of the unit, and prior tenants shall be traced by the owner/landlord using reasonable methods to identify then current location of such prior tenants and each such shall receive a cash rebate equal to the amount overcharged that exceeded Affordable Rent for such unit(s). The funds for prior tenants who cannot be traced shall be remitted to the City and deposited into the Inclusionary Housing Fund. (i) Affordability Covenants in Affordable Housing Agreement (and Regulatory Agreement); Documentation. The owner, as developer, shall be required to execute standard documents, in a form approved by the City Attorney, to ensure the continued affordability of the Inclusionary Units approved for each Residential Development Project. The documents may include, but are not limited to, Affordable Housing Agreements, Regulatory Agreements, inclusionary housing agreements, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, covenants related to property management, property maintenance (interior and exterior), and/or other covenants and documents. The affordability and related covenant documents shall be recorded in the Official Records against the Residential Development Project, all Inclusionary Units, and any site subject to the provisions of this Chapter.
21.17.070 Implementation and Enforcement
(a) Administration. The City Council, by resolution, may from time to time adopt procedures, policies, rules, and requirements, including the adoption of processing and administrative fees, to implement, administer, and/or enforce the provisions of this Chapter. (b) Establishment of Administration Fees by Resolution. The City Council, by resolution, may establish fees for the ongoing administration and implementation of this Chapter and the monitoring of the affordable units. These fees may be updated periodically, as required. (c) Enforcement. The City Attorney is authorized to enforce the provisions of this Chapter and all Affordable Housing Agreements, regulatory agreements, covenants, resale restrictions, promissory notes, deeds of trust and other implementing instruments and requirements placed on Inclusionary Units by civil action and any other method permitted by law. The City may take such enforcement action as is authorized under this Code and/or any other action authorized by law or by any regulatory document, restriction, or agreement executed under this Chapter. Any individual who sells or rents an Inclusionary Unit in violation of the provisions of this Chapter, the Inclusionary Housing Plan, or the Affordable Housing Agreement shall be required to forfeit to the City all monetary amounts obtained in violation of those provisions. Recovered funds shall be deposited into the Inclusionary Housing Trust Fund. (d) Forfeiture for Violation. Certain forfeiture provisions are set forth above for ownership and rental Inclusionary Units.
(e) Applicability of Provisions. The provisions of this Chapter shall apply to all owners, developers, their agents, successors, and assigns that propose a residential development, occupy an Inclusionary Unit, or both. All Inclusionary Units shall be sold or rented in accordance with this Chapter and any regulations and administrative guidelines adopted pursuant to this Chapter.
(f) Project Approval, Permitting, and In-lieu Fees. No permit, license, map, or other approval or entitlement for a Residential Development Project shall be issued until all applicable requirements of this Chapter have been satisfied.
(1) Project approval. No ministerial or discretionary approval shall be issued for a Residential Development Project subject to this Chapter until the applicant has submitted and the Community Development Director has approved an Inclusionary Housing Plan. (2) Issuance of building permit. No building permit shall be issued for a Residential Development Project subject to this Chapter unless the Affordable Housing Agreement has been recorded encumbering the subject project site. (3) Issuance of certificate of occupancy. Certificates of occupancy shall only be issued:
(A) For Market Rate Units, up to the proportion of certificates of occupancy issued for Inclusionary Units. For example, if five percent of the fifteen percent of Inclusionary Units are to receive a certificate of occupancy, then up to one-third of the Market Rate Units can receive a certificate of occupancy.
(B) For Market Rate Units if the approved Inclusionary Housing Plan has been fully or at least proportionally implemented (proportional if the Residential Development Project is to be built in phases).
(C) For Market Rate Units, in the case of compliance through in-lieu fees, once all inlieu fees have been paid for the entire Residential Development Project. (D) For Inclusionary Units as soon as they are eligible. (g) Annual Monitoring. Homeowners will receive an annual monitoring notice from the City to confirm the owner-occupancy requirement and prohibitions against rental of the dwelling unit.
The review will provide owners with an opportunity to become familiar with the guidelines of the Inclusionary Housing Program and any changes in adopted policies and procedures. For rental units, an annual monitoring notice from the City will be sent to all owners or the designated management agencies to confirm residents are eligible to occupy, and continue to qualify for occupancy, of the Affordable Units.
(h) Affordable housing funds. Housing in-lieu fees collected by the City pursuant to this Chapter shall be deposited into an Inclusionary Housing Fund that is maintained, separately accounted for, and used by the City in the site acquisition, development, on- or off-site infrastructure, rehabilitation, program administration, or preservation of affordable housing, either directly by the City or in partnership with a third-party affordable housing developer. ...“
SECTION 9
Section 21.14.070 is hereby repealed as follows:
“…
21.14.070 Housing opportunity overlay.
(a) Purpose. The housing opportunity overlay district (-HO) is intended to provide for the availability of housing sites to meet the projected future new housing construction needs identified in the Regional Housing Needs Assessment (RHNA). The housing opportunity overlay establishes alternative land use and development standards for sites identified in the city of Fountain Valley’s adopted general plan housing element.
(b) Applicability. The provisions of this section apply to proposed land uses and development in addition to all other applicable requirements of this title. In the event of any conflict between the provisions of this chapter and any other provision of this title, the most restrictive shall control. (c) Development Standards. Development standards for the housing opportunity district shall apply to the following:
(1) Housing Opportunity Overlay District Area #1 (-HO1). Development standards for the sites identified as (-HO1) on the city of Fountain Valley Zoning Map shall comply with the provisions of Sections 21.08.020(2) (Garden Homes) and all applicable standards of Title 21 of the Fountain Valley Municipal Code.
(A) Permit Required. Residential uses identified in Table 2-2 of Section 21.08.030 of this title shall be permitted as a matter of right, subject to the development standards applicable to residential uses identified in Section 21.08.020(2).
(B) Allowed Uses. Uses within housing opportunity overlay district area #1 (-HO1) shall be reserved for residential uses only. Applicants shall be permitted to request a waiver of the provisions stated in subsection (a) for nonresidential uses identified in the base zone. Any waiver request shall demonstrate the availability of appropriately zoned alternative sites to accommodate the remaining RHNA target need prior to granting the waiver request.
(2) Housing Opportunity Overlay District Area #2 (-HO2). Development standards for the sites identified as (-HO2) on the city of Fountain Valley Zoning Map shall comply with the provisions of Section 21.08.020(5) (High Density Multiple Dwelling Unit) and all applicable standards of Title 21 of the Fountain Valley Municipal Code.
(A) Minimum Density Requirements. Development shall be permitted at a minimum density of thirty dwelling units per gross acre.
(B) Permit Required. Residential uses identified in Table 2-2 of Section 21.08.030 of this title shall be permitted as a matter of right, subject to the development standards applicable to residential uses identified in Chapter 21.08.
(C) Allowed Uses. Uses within housing opportunity district area #2 (-HO2) shall be reserved for residential uses only. Applicants shall be permitted to request a waiver of the provisions stated in subsection (c)(2)(B) for nonresidential uses identified in the base zone. Any waiver request shall demonstrate the availability of appropriately zoned alternative sites to accommodate the remaining RHNA target need prior to granting the waiver request.
…”
SECTION 10
Section 21.08.020(5) is hereby amended as follows:
“…
(5) R4 (High Density Multiple Dwelling) District. The R4 zoning district applies to areas appropriate for higher intensity, multifamily residential units. The maximum density is twenty thirty dwelling units per net acre. The R4 zoning district is consistent with the high density residential land use designation of the general plan.
…”
SECTION 11
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
SECTION 12
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.
//
//
//
//
//
//
//
//
//
//
//
//
//
//
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this 19 day of December, 2023.
ATTEST:
________________________ ________________________
Rick Miller, City Clerk Glenn Grandis, Mayor
APPROVED AS TO FORM
HARPER & BURNS LLP
___________________________
Attorneys for the City
City of Fountain Valley
ORDINANCE NO.__________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY APPROVING ZONING MAP AMENDMENT NO. 437 TO CHANGE THE ZONING MAP DESIGNATION FOR NINE (9) OPPORTUNITY SITES TO
ALIGN WITH THE GENERAL PLAN LAND USE MAP DESIGNATIONS FOR THE 2045 GENERAL PLAN UPDATE
WHEREAS, the City of Fountain Valley has initiated a request to change the Zoning Map Designation of nine (9) Opportunity Sites (“Sites”) to align with the General Plan Land Use Map designations for the 2045 General Plan Update; and WHEREAS, the Sites and their proposed changes include:
• 16650 Harbor Boulevard from M1-Manufacturing to R5-Very High Density Residential;
• 16800 Magnolia Street (Boomers) from C2-General Commercial to MU2-Mixed Use 2;
• 11701-11765 Edinger Avenue (Golden Triangle) from C1-HO2 – Local Business with Overlay to R5-Very High Density Residential; • 16101-16225 Harbor Boulevard (Harbor Shopping Center) from C1-Local Business to MU2-Mixed Use 2;
• 16300 Euclid Street (Miller Property) from R1-Single-Family Residential to R4- High Density Multiple Dwelling;
• 9736 Ellis Avenue (Smith Farms) from R1-Single-Family Residential to GHGarden Homes; • 10100-10150 Warner Avenue (Warner Square) from C1-Local Business to MU1-Mixed Use 1;
• 17101 Bushard Street from C1-Local Business to PI-Public Institutional; • 17737 Bushard Street from PI-Public Institutional to R1-Single-Family Residential; and
WHERAS, the 2021-2029 Housing Element, approved through Resolution No. 9853 by the City Council on October 4, 2022 and certified by the State Housing Community Development Department (“HCD”) on October 13, 2022, lists the Sites listed above as Opportunity Sites to meet the City’s Regional Housing Needs Assessment (RHNA) allocation of 4,839 units. The Housing Element identifies these Sites in “Figure H-1 Housing Sites Inventory” and “Table H-22 Housing Sites Inventory” with low income units, anticipated the Land Use designation of the General Plan, and anticipated consistent Zoning for each Site; and
WHEREAS, the Zoning Map Amendment would change the Zoning Map designation of each of the Sites listed above and as shown in “Exhibit A” through “Exhibit I” to align with the change in the General Plan Map land use designation for the 2045 General Plan Update;
and
WHEREAS, the City has complied with the requirements of the Government Code Section 65300 et seq., the current State of California General Plan Guidelines, and the City’s applicable ordinances with respect to review and consideration of the proposed Zoning Map Amendments; and
WHEREAS, such petition was processed by the Planning Commission in a time and manner prescribed by State and local law; and
WHEREAS, a public hearing was conducted by the Planning Commission on October 25, 2023 at which time interested persons had an opportunity to testify in support or opposition to the proposal; and
WHEREAS, the Fountain Valley Planning Commission considered the proposed Zoning Map Amendment No. 437 at a duly noticed public hearing on October 25, 2023, and by a vote of 3-2 approved Resolution No. 23-27 recommending the City Council approve Zoning Map Amendment No. 437 to change the Zoning Map Designation for nine (9) Opportunity Sites to align with the General Plan Land Use Map designations for the 2045 General Plan Update; and
WHEREAS, on November 21, 2023, the City Council held a duly noticed public hearing to consider Zoning Map Amendment No. 437; and
WHEREAS, the proposed Zoning Map Amendment No. 437 has been publicly noticed in accordance with State Law and the Fountain Valley Municipal Code; and NOW, THEREFORE, the City Council of the City of Fountain Valley does ordain as follows:
SECTION 1
The City of Fountain Valley has prepared a Draft Environmental Impact Report (DEIR) for the 2045 Fountain Valley General Plan (State Clearinghouse No. 2022100563) to address the potential environmental effects associated with implementation of the proposed project.
Pursuant to Public Resources Code Section 21165 and the California Environmental Quality Act Guidelines (CEQA Guidelines) Section 15050, the City of Fountain Valley is the lead agency for the proposed project. Pursuant to Public Resources Code Section 21083 and CEQA Guidelines 15087, the DEIR was available for a 45- day public review from Friday, June 9, 2023, through Monday, July 24, 2023. The DEIR was made available at City Hall and online at: https://www.fountainvalley.org/1282/General-Plan-Update. In conformance with CEQA, the State CEQA Guidelines, and the City of Fountain Valley CEQA Guidelines, the City of Fountain Valley conducted an extensive environmental review of the proposed project. • Completion of a Notice of Preparation (NOP) on October 25, 2022. The public review period extended from October 25, 2022, to November 24, 2022. The NOP was published in the Fountain Valley View on October 25, 2022. The NOP was posted at the Orange County Clerk’s office on October 25, 2022. Copies of the NOP were mailed to interested persons and organizations.
• Preparation of a Draft EIR, which was made available for a 45-day public review period beginning June 9, 2023, and ending July 24, 2023. The scope of the Draft EIR
was determined based on the CEQA Guidelines Appendix G Checklist, and comments received in response to the NOP. The Notice of Availability (NOA) for the Draft EIR was sent to interested persons and organizations, sent to the State Clearinghouse in Sacramento for distribution to public agencies, posted at the City of Fountain Valley’s website, and published in the Fountain Valley View. The NOA was posted at the Orange County Clerk’s office on June 8, 2023. The Notice of Availability of the Draft EIR was published in the Fountain Valley View on June 8, 2023. • A Final EIR was prepared that includes responses to comment letters received during the 45-day public review period. Pursuant to Public Resources Code Section 21092.5, a copy of the Final EIR was distributed all commenting governmental agencies and departments at least 10 days prior to certification of the final EIR. • Both the Draft and Final EIR were made available at City Hall and online at:
https://www.fountainvalley.org/1282/General-Plan-Update.
SECTION 2
The City Council finds that due notice of the public hearing on November 21, 2023, conducted in the City Council Chambers, 10200 Slater Avenue, Fountain Valley, was given as required by the Fountain Valley Municipal Code, Title 21, and the State of California. Public notice of this hearing and a copy of the City Council agenda were posted at City Hall, Recreation Center and the Fountain Valley Library.
SECTION 3
Pursuant to Fountain Valley Municipal Code section 21.34.050 the City Council does hereby find as follows:
1. The proposed amendments ensure and maintain internal consistency with the actions, goals, objectives and policies of the general plan, and would not create any inconsistencies with this title, in the case of a title amendment.
The proposed Amendment to change the Zoning Map Designation of nine (9) Sites to align with the General Plan Land Use Map designations for the 2045 General Plan Update will be consistent with the 2021-2029 Housing Element. Housing Element Program 1a, Program Category #1 Goal 1 states that the City shall amend the General Plan and Development Code to ensure sufficient capacity to accommodate the City’s 2021-2029 RHNA allocation and to require a minimum of 20 and allow 30 du/ac or greater on all sites listed in the sites inventory. Zoning Map Amendment No. 437 will align the Zoning Map with the 2045 General Plan Update Land Use Map to help meet the City’s Regional Housing Needs Assessment (RHNA) allocation of 4,839 units, including 2,093 units affordable to lower income households, 834 units affordable to moderate income households, and 1,912 units affordable to above-moderate income households.
2. The proposed amendments would not be detrimental to the public convenience, health, interest, safety or welfare of the city.
The proposed amendment will not be detrimental to the public convenience, health, interest, safety or welfare of the city as it will help implement the 2021-2029 Housing Element as noted in Finding #1 above. The amendment will provide consistency
between the Zoning Map and the General Plan Land Use Map as required by State Law Section 65860.
3. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the city’s environmental review procedures as addressed in Section 1 above.
4. Additional Finding for Zoning Map Amendments. The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).
The Sites are appropriate to accommodate the Zoning Map Amendments as attached in “Exhibit A” through “Exhibit I.” The General Plan Update Environmental Impact Report analyzed each site and determined each site is physically suitable for the requested zoning designations and anticipated land use development.
SECTION 4
The City Council finds that the amendments noted in Zoning Map Amendment No. 437 as set forth in “Exhibit A” through “Exhibit I”, and attached hereto, are consistent with the Fountain Valley Municipal Code, as well as the Fountain Valley General Plan.
SECTION 5
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.
SECTION 6
The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this 19th day of December, 2023.
ATTEST:
________________________ ________________________
Rick Miller, City Clerk Glenn Grandis, Mayor
APPROVED AS TO FORM
HARPER & BURNS LLP
___________________________
Attorneys for the City
City of Fountain Valley
ATTACHED: “EXHIBIT A”
“EXHIBIT B”
“EXHIBIT C”
“EXHIBIT D”
“EXHIBIT E”
“EXHIBIT F”
“EXHIBIT G”
“EXHIBIT H”
“EXHIBIT I”
Exhibit A
16650 Harbor Boulevard
Exhibit B
16800 Magnolia Street
Exhibit C
11701-11765 Edinger Avenue
Exhibit D
11601-16225 Harbor Boulevard
Exhibit E
16300 Euclid Street
Exhibit F
9736 Ellis Avenue
Exhibit G
10100-10150 Warner Avenue
Exhibit H
17101 Bushard Street
Exhibit I
17737 Bushard Street
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: November 21, 2023
Members of the City Council
SUBJECT: A Public Hearing regarding the comprehensive update to the City’s General Plan (GPA 23-02) and related Implementation Actions, Environmental Impact Report, Statement of Overriding Considerations, Mitigation, Monitoring and Reporting Program, Zone Changes, and Zoning Code Amendments.
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☐ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
In 2018, the City embarked on an extensive update of its General Plan, outlining a long-term strategy encompassing land use, transportation, housing, open spaces, conservation, and infrastructure and safety. An Environmental Impact Report was crafted to identify potential impacts of the city's build-out and draft mitigation measures to limit any negative externalities.
Additionally, the agenda item incorporates implementation items for the Housing Element of the General Plan. This entails rezoning specific sites for housing development, establishing a new R-5 zoning district, requiring the provision of affordable housing in new developments as part of an inclusionary housing requirement, and removing the Housing Opportunity Overlay.
Background:
The City’s last comprehensive General Plan update took place in 1995 and has largely remained as adopted since then. The Circulation Element was updated in 2008 and the Housing Element was updated periodically (in accordance with state law), with major updates in 2000, 2010, 2014, and 2022.
General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023
The update effort began in the Fall of 2018 with the initial kick-off and creation of the General Plan Advisory Committee (GPAC). In 2019, the City focused on community outreach and in 2020 the City awaited the Regional Housing Needs Assessment (RHNA) data from SCAG in order to coordinate with the Housing Element Update and accommodate the City’s RHNA allocation. The process was also slowed by Covid-19 during this time, however the City used this time to conducted numerous GPAC meetings and focused outreach efforts.
During 2020 and 2021, the City also devised a land use plan that could both accommodate the RHNA and achieve fiscal sustainability. After a thorough analysis and public outreach effort, the City arrived at an initial draft land use plan in early 2021 and began conducting technical analyses.
The City spent the balance of 2021 and part of 2022 navigating the certification process for the Housing Element. Near the end of 2021, after securing preliminary approval from HCD regarding the suitability of the City’s sites inventory to accommodate the RHNA, the City finalized its draft land use plan and initiated the environmental analysis, hosting a public scoping meeting and announcing the preparation of an Environmental Impact Report (EIR).
To ensure compliance with state law and retain local land use control, the City completed the HCD certification process and adopted the Housing Element separately in late 2022. Additional attention was spent coordinating with water agencies to crafting water policy that would accommodate the projected buildout in the context of a prolonged drought.
This year has involved completion and public review of the draft General Plan Update, the related Environmental Impact Report (EIR) and the development of ordinances to rezone properties implement the General Plan.
DISCUSSION:
General Plan
The General Plan presents the City’s land use and planning framework through a set of five elements: land use, mobility, housing, open space and conservation, and public facilities and safety.
Together, these elements address all the topics required by state law as well as optional topics considered important by the City and the community. Some topics are addressed entirely within a single element while others are touched on in multiple elements.
The General Plan introduces a greater mix of land uses to reflect new and changing priorities. It encourages sustainability through mixed-use, infill development and greater opportunity and equity. It promotes development in the core area and provides greater diversity of non-residential uses.
Guiding Vision Statement
A vision is an aspirational description of what the community would like to be in the future. It is a summary of the shared goals to be achieved by the Fountain Valley General Plan and sets policy direction. The Guiding Vision guides the goals and policies listed in each element. The Guiding
General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023
Vision is based on input from the community, developed through stakeholder meetings, community workshops and GPAC meetings. Through the process of creating a vision as part of preparing the General Plan, community members provided their perceptions of future challenges, opportunities, and possibilities.
Fountain Valley—the best small town in Southern California— is regionally recognized as a premier community where people desire to live, learn, work, and grow. We have worked together as a community to preserve the quality of life, while also capitalizing on the region’s foundational changes in demographics, economics, and technology. Throughout these years of change, we have continually looked for and found guidance in our General Plan.
Land Use Element
The Land Use Element provides for the orderly development of the City and creates a responsibility of acting as responsible stewards of the land. The Land Use Element includes a table which details all of the City’s land use categories and the Land Use Map which provides the approved land use for each property in the City. The updated Element creates new mixeduse and very high density housing land use categories to allow for more flexibility in future development of the City. Based on these land uses, the Element also contains a Buildout Table which identifies capacity and potential growth assumptions for approximately 6,000 new housing units, 8,600 new residents, and 4,500 new jobs over the next 20+ years (through 2045). The approach in creating this Element included:
• Preserving the nature of existing residential neighborhoods and managing the growth of new housing.
• Providing convenient access to shops and services for residents and opportunities for new and established businesses to thrive.
• Maintaining local and regional park space.
• Focusing growth in areas planned or suitable for reuse and intensification: specific plan areas, vacant properties, and underutilized sites that can generate new spaces for activity, a more urban and mixed-use lifestyle, and new business and job opportunities.
Mobility (Circulation) Element
The Mobility Element provides guidance and support to meet the needs of residents, businesses, emergency service providers, and other roadway users. The element also recognizes key objectives for improving air quality, reducing the environmental impacts of vehicular travel, and achieving other community goals such as coordinating with transit providers and increasing pedestrian and multimodal mobility options.
Open Space and Conservation Element
Fountain Valley’s high-quality parks and open spaces are a source of pride for the community.
This Element establishes parks, open spaces, historic resources, cultural resources, and natural resources.
General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023
Public Facilities and Safety Element
The City is committed to providing infrastructure and services, and protecting life, property, and commerce from disruptions and loss associated from human-caused and natural hazards, disasters, and other threats to public health and safety. The Public Facilities and Safety Element identifies potential hazards, provides policies to: increase resilience; promote a healthy noise environment; ensure adequate infrastructure; and emphasizes the importance of quality and accessible health care, education, community services and cultural activities.
Zone Changes
As part of the implementation process of the adopted and certified Housing Element and to ensure consistency with the update Land Use Element, several properties are being considered for rezoning. These include the following:
• 16650 Harbor Boulevard from M1-Manufacturing to R5-Very High Density Residential, • 16800 Magnolia Street (former Boomers site) from C2-General Commercial to MU2-Mixed Use 2
• 11701-11765 Edinger Avenue (Golden Triangle) from C1-HO2 – Local Business with Overlay to R5-Very High Density Residential
• 16101-16225 Harbor Boulevard (Harbor Shopping Center) from C1-Local Business to MU2- Mixed Use 2
• 16300 Euclid Street (Miller Property) from R1-Single-Family Residential to R4-High Density Multiple Dwelling
• 9736 Ellis Avenue (Smith Farms) from R1-Single-Family Residential to GH-Garden Homes • 10100-10150 Warner Avenue (Warner Square) from C1-Local Business to MU1-Mixed Use 1 In addition, with the City’s acquisition of the property located at 17101 Bushard Street, Staff is recommending the rezoning of the property from C-1 (Local Business) to PI (Public Institution).
Staff is further recommending a change in zoning of the existing Fire Station #1 from PI (Public Institutional) to R1 (Single Family Residential).
Not included at this time are rezones required to implement the Housing Element that are associated with Specific Plans. Those amendments to Specific Plans will be brought back before the Planning Commission and City Council in the near future.
Zoning Code Amendments
The most significant changes to the Zoning Code include the creation of the R-5 (Very High Density) residential district and an inclusionary housing ordinance.
In addition, as the Housing Opportunity Overlay district is no longer utilized to meet the City’s RHNA obligations, Staff is recommending that the overlay be removed. There is also clean-up language in R4 zone to clarify that the intended density is 30 units per acre (in one instance it is currently listed as 20 units per acre).
General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023
R-5 Zoning District
The R-5 zoning district is currently anticipated for use on two properties: 16650 Harbor Boulevard and the Golden Triangle, which is located between Lilac Avenue to the north, Mt. Carmel Court to the east, Edinger Avenue to the south and Richardson street to the west. The R-5 zoning standards would match very closely to the R-4 district but would require a minimum of 30 du/ac and allow for a maximum of 40 du/ac. It would also allow up to 65 du/ac if 50% of more of the units are made available to lower income households. The maximum height permitted is 5 stories and 55 feet.
Inclusionary Housing
As part of the effort to certify the Housing Element, the City committed to the adoption of an inclusionary housing ordinance. As proposed, the ordinance would require 15% of units within housing developments of ten or more units to be affordable to lower income residents. Cities in Orange County with inclusionary housing requirements include: Brea, Huntington Beach, Irvine, La Habra, San Clemente, Santa Ana, San Juan Capistrano, Tustin. Cities considering adoption of an inclusionary housing ordinance are Costa Mesa, Fullerton and Newport Beach.
If the developer selects to not construct the affordable units, they would be allowed to pay an inlieu fee. This fee represents the estimated gap between the cost to construct affordable housing and the likely funding from conventional financing and 4% low income housing tax credits. The fee assumes that affordable housing developers would be able to leverage funds from the inclusionary housing in-lieu fee to obtain conventional bank financing and federal tax credits. Staff anticipates that the fee resolution will be provided to the City Council for review by the end of the calendar year.
Outreach
The City made great efforts to ensure that the community was involved and an integral part of this process. The General Plan Advisory Committee was essential to this process and was representative of a wide array of interests. GPAC membership consisted of City Council members, Planning Commissioners, four residents representing certain areas of the City, representatives from the Community Foundation, Measure HH Committee, school districts, business leaders and realtors. A total of ten GPAC meetings were held on all aspects of the General Plan.
Additional outreach was also conducted via: in-person and virtual workshops; physical and virtual tours; property and stakeholder meetings; City Council and Planning Commission briefings, workshops and hearings; public review periods; social media and e-blasts; and updates on the City’s website.
Planning Commission Recommendation
While all five Planning Commissioners were supportive of the General Plan, EIR, Zoning Code Amendments and Zone Changes, the final vote was 3-2 in favor of recommending City Council approval. The dissenting votes from the two commissioners stemmed from their disagreement with a new stipulation in the R-5 zoning district. This stipulation mandates a "daylight plane" — an architectural design requirement for sunlight access — to be adjacent to all residential districts, rather than limiting it to just the R-1 and GH zones.
General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023
Daylight Plane
A Daylight Plane is an angled building height limitation that regulates the massing and design of buildings and defines the building envelope within which all new structures must be contained.
Daylight Planes are intended to provide for light and air, and to limit the impacts of bulk and mass on adjacent properties. The ordinance as presented to the Planning Commission protected any R1 or GH properties adjacent to an R-5 district from potential infringements on their daylight plane.
Per the request of the Planning Commission, the ordinance was amendment to protect the daylight plane of any residential district abutting an R-5 zoned property.
FINANCIAL REVIEW:
There is no fiscal impact related to this item.
PUBLIC NOTIFICATION:
Public hearing notices were mailed to all property owners within 500 feet of properties considered for rezoning. The item was also published in the Fountain Valley View and notices were posted at City Hall, Recreation Center and the Fountain Valley Library.
ENVIRONMENTAL IMPACT REVIEW:
An Environmental Impact Report (EIR) was prepared by PlaceWorks under the direction of the City. It has been prepared, noticed to other agencies and the public, and distributed pursuant to requirements of the California Environmental Quality Act. The Draft EIR is intended to provide information regarding: (1) the potential environmental impacts of the proposed project; (2) ways in which any significant impacts of the project may be mitigated or avoided; and (3) alternatives to the project which could reduce or avoid the significant impacts associated with the project while still achieving the objectives of the project.
For purposes of CEQA, the “project” considered is the update to the General Plan and rezoning of certain properties and not any particular development activity. The appropriate type of EIR prepared for the General Plan Update is known as “Program EIR.” This type of EIR allows for consideration of broad policy alternatives and program-wide mitigation measures, as opposed to a “Project EIR”, which considers individual projects and their impacts in great detail. It is nearly impossible to predict future privately-funded development projects; therefore all subsequent development activity subject to CEQA will require its own environmental review in compliance with CEQA and the CEQA guidelines.
To determine the scope of environmental issues to be addressed in the EIR, a Notice of Preparation (NOP) was issued and circulated for 30 days. All input is reflected in the Final EIR.
Based on the analysis in the Final EIR, the proposed General Plan would result in significant effects related to Air Quality, Greenhouse Gas Emissions, Noise, Population and Housing and Transportation. All other impacts of the Plan are either less than significant without mitigation, or less than significant with mitigation incorporated.
The following impacts were found to be Significant and Unavoidable Impacts:
General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023
Air Quality
• Impact 5.2-1: Buildout of the General Plan Update, and associated emissions, would exceed the assumptions of the South Coast Air Quality Management District’s Air Quality Management Plan.
• Impact 5.2-2: Construction activities associated with future development that would be accommodated under the General Plan Update could generate short-term emissions in exceedance of the South Cost AQMD’s threshold criteria. • Impact 5.2-3: Implementation of the proposed project would generate additional, long-term emissions in exceedance of South Coast AQMD’s threshold criteria and cumulatively contribute to the South Coast Air Basin’s nonattainment designations.
Greenhouse Gas Emissions
• Impact 5.5-1: Implementation of the General Plan Update would not result in a substantial increase in emissions but would not place the city on a trajectory to achieve the goals established under Executive Order S-03-05 or progress toward the State’s carbon neutrality goal.
Noise
• Impact 5.9-1: Construction activities associated with the buildout of the plan area would result in temporary noise increases at sensitive receptors.
Population and Housing
• Impact 5.10-1: The proposed project would directly induce substantial unplanned population growth.
Transportation
• Impact 5.12-2: The proposed project would conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b).
The following were found to be Significant Irreversible Changes Due to the Proposed Project:
• Implementation of the proposed project would include construction that would entail the commitment of nonrenewable and/or slowly renewable energy resources; human resources; and natural resources such as lumber and other forest products, sand and gravel, asphalt, steel, copper, lead, other metals, water, and fossil fuels. Operation of the proposed project would require the use of natural gas and electricity, petroleum-based fuels, fossil fuels, and water. The commitment of resources required for the construction and operation of the proposed project would limit the availability of such resources for future generations or for other uses during the life of the project. • An increase in vehicle trips would accompany project-related population growth. Over the long-term, emissions associated with such vehicle trips would continue to contribute to the South Coast Air Basin’s nonattainment designation for ozone (O3) and particulate matter
General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023
(PM2.5 and PM10) under the California and National Ambient Air Quality Standards (AAQS), and nonattainment for nitrogen dioxide (NO2) under the California AAQS.
Final Environmental Impact Report
The FEIR reflects “independent judgment” of decision-making body, includes the following components, and must be “certified” before the General Plan is approved:
• Responses to comments received on the DEIR
• Revisions to the Draft EIR if needed
• Mitigation Monitoring & Reporting Program
• Includes the DEIR
The City received comment letters on the Draft EIR from the following agencies and organizations, with responses to comments documented in the FEIR::
• Orange County Transportation Authority (OCTA)
• Sakioka Company
ATTORNEY REVIEW:
The Attorneys for the City reviewed this staff report.
ALTERNATIVES:
Alternative No. 1: Adopt the following:
• Resolution No. __-__ adopting the General Plan Update, Final EIR, Mitigation Monitoring and Reporting Program, CEQA Finding of Fact, and Statement of Overriding Consideration a Notice of Exemption in accordance with the California Environmental Quality Act
• Introduce Ordinance No. __-__ adopting Code Amendment No. 23-04 related to the creation of the R-5 Zoning District and inclusionary housing requirement, and removal of the Inclusionary Housing Overlay
• Introduce Ordinance No. __-__ adopting Code Amendment adopting an Ordinance to Amend the Zoning Map
Alternative No. 2: Do not approve the General Plan Update, EIR and supporting documents, and ordinances.
Alternative No. 3: Continue this request for additional information.
RECOMMENDATION:
Staff is requesting that the City Council approval of Alternative No. 1
General Plan Update Adoption, EIR Certification, Zone Changes and Amendments November 21, 2023
Prepared by: Omar Dadabhoy, Deputy City Manger/Community Development Director
Approved by: Maggie Le, City Manager
Attachments:
1. Resolution No __-__, including the following exhibits: Draft General Plan 2045, Final Program Environmental Impact
Report, including the Mitigation Monitoring and Reporting Program, CEQA Findings of Fact and Statement of Overriding Considerations (all exhibits posted at
https://www.fountainvalley.gov/1282/General-Plan-Update)
2. Draft Environmental Impact Report (posted at
https://www.fountainvalley.gov/1282/General-Plan-Update)
3. Ordinance No __ approving Code Amendment No. 23-04
4. Ordinance No __ to Amend the Zoning Map
5. Proposed Zoning Map
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: December 19, 2023
Members of the City Council
SUBJECT: Public Hearing and Introduction: Our Lady of Guadalupe Senior Housing Development Project - General Plan Amendment 22-01, Zoning Map Amendment 435, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Density Bonus and Affordable Housing Agreement Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY
Irwin Partners Architects, as applicant, (Applicant) submitted a request on behalf of Our Lady of Guadalupe, a California nonprofit corporation (Owner or OLG), to construct 29 Low Income senior independent living apartment units in a new 18,039 square foot (sf) two-story building on a vacant portion of a 2.1-acre parcel located at 17103 Magnolia Street (Project). The Project will be developed adjacent to an existing 71-unit senior affordable housing development also owned and operated by OLG on that 2.1-acre parcel, Assessor Parcel No. 167-391-24 (Site).
The requested entitlements for the Project on the Site that require consideration and action for approval (or disapproval) by the City Council include:
General Plan Amendment (GPA) 22-01 to change the Land Use Map Designation of the Site from General Commercial to High Density Residential; Zoning Map Amendment (ZMA) 435 to change the Zoning Map designation for the Site from C1 – Local Business to R4 – High Density Multiple Dwelling; Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) for the Project per CEQA Guidelines Section 15074; and Density Bonus and Affordable Housing Agreement (DBAHA) between the City of Fountain Valley (City) and OLG pursuant to the State Density Bonus Law, California Government Code Sections 65915, et seq. and the implementing ordinance in the Fountain Valley Municipal Code (FVMC) Chapter 21.08.050(a) (together, DBL).
In addition to the actions described above, on October 11, 2023, the Planning Commission considered and approved (5-0 vote) Precise Plan (PP) 570, which is the other necessary entitlement for the Project. Absent timely appeal, PP 570 does not require further action by
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
the City Council. As a part of their action approving the Project on the Site, the Planning Commission added certain conditions of approval to PP 570 to help with construction mitigation and in response to complaints.
Also at the October 11, 2023 meeting, the Planning Commission recommended to the City Council (5-0 vote) to approve (i) MND and MMRP for the Project per CEQA Guidelines Section 15074, (ii) GPA 22-01, and (iii) ZMA 435.
Staff recommends the City Council conduct a public hearing to receive testimony, whether in favor, opposed or neutral to the Project; and, after the hearing to take the following actions:
Adopt the attached Resolution approving the MND and MMRP for the Project (Attachment #1);
Adopt the attached Resolution approving GPA 22-01 to change the Land Use Map Designation for the Site from General Commercial to High Density Residential (Attachment #2);
Introduce the attached Ordinance approving ZMA 435 to change the zoning map designation for the Site from C1–Local Business to R4–High Density Multiple Dwelling (Attachment #3); and
Adopt the attached Resolution approving the DBAHA between the City and OLG (Attachment #4).
DISCUSSION
On behalf of the Owner/OLG, the Applicant submitted a site plan application to the City for the land use entitlements necessary to construct and operate the Project on the Site. OLG will cause construction and operation of 29 Low-Income senior independent living apartments in a new 18,039 sf two-story building on a vacant portion of the Site. The Project is adjacent to an existing 71-unit senior affordable housing development also owned and operated by OLG.
As noted above, the Applicant and Owner’s requested entitlements include: (i) GPA 22-01, (ii) ZMA 435, (iii) PP 570, (iv) MND and MMRP, and (v) DBAHA.
Code Requirements
The following entitlements are required by the Fountain Valley Municipal Code (FVMC) to construct and operate the Project on the Site:
1. GPA – FVMC 21.34 requires the approval of a GPA for revisions to actions, goals, land use designations, policies or text within the General Plan. The Project includes a revision to the land use designation of the Site located at 17103 Magnolia Street from General Commercial to High Density Residential.
2. ZMA – FVMC 21.34 requires the approval of a ZMA when rezoning property from one zoning district to another. The Project includes a revision to the Fountain Valley Zoning Map from C1 - Local Business to R4 – High Density Multiple Dwelling.
3. PP – FVMC 21.44 requires a PP for structures in the City, except for structures in the R1 zoning district. If approved, the Project will include a new 18,039 sf two-story
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
building with 29 Low-Income senior independent living apartment units on an unimproved area of the Site that is adjacent to an existing 71-unit senior affordable housing development also owned and operated by OLG. The Project Site is not currently, or proposed to be, located in the R1 zone, therefore, a PP is required.
4. MND and MMRP – FVMC 21.32.060 requires that after the acceptance of a completed application, the Project shall be reviewed in compliance with the FVMC, the California Environmental Quality Act (CEQA), the implementing Guidelines, and the City’s environmental review procedures, to determine the level of level of environmental review per CEQA. An initial study, MND, and MMRP were prepared by Phil Martin & Associates (“PMA”) for the Project.
5. DBAHA – As required by Condition No. 30 of PP 570, the Owner must obtain approval of the DBAHA from the City prior to issuance of grading permits for the Project; and, prior to the issuance of any residential building permits, all implementing forms of the DBAHA shall be duly executed, and as applicable, recorded in the Official Records, County of Orange, State of California.
Background and Project Location Information
The Site at 17103 Magnolia Street is located within the northwestern portion of the City, at the southwest corner of Warner Avenue and Magnolia Street. The proposed new building would be located on the westernmost portion of the Site, between the existing building and the single-family residential properties to the west of the Site.
The total Site encompasses approximately 2.1 acres and is currently developed with the Our Lady of Guadalupe Apartments in a 50,932 sf building with 71 Low-Income senior units occupied by tenant households at an affordable rent. The existing development has a surface parking lot with ornamental landscaping that surrounds the building on the south and west sides of the Site, and includes a garden area located on the west side of the property. The Site is bounded by (i) a sidewalk along Magnolia Street, (ii) a commercial shopping center along the east side, (iii) single-family residential properties along the south and west sides, and (iv) the rear of a commercial shopping center along the north side.
The existing building was constructed in 1985 after receiving approval from the Planning Commission on April 10, 1985 through CUP 757 (Resolution No. 85-25) and City Council on May 7, 1985 for the approval of $660,000 in Community Development Block Grant (CDBG) funds to assist with OLG’s purchase of the Site (Resolution No. 8026).
The existing building was approved for “housing units for the elderly” in a Commercial Zone, which is non-conforming with the current Zoning Code, which does not allow residential units in a Commercial zone. Thus, the Applicant has requested a General Plan Amendment and zone change to bring both the existing and proposed developments into compliance with the current land use requirements. Presently, OLG operates the existing 71-unit development under a Project Based Section 8 HUD Housing Assistance Payment Contract (PBV HAP) that was renewed on November 1, 2018 for a period of 20 years. (Barring no default by OLG, nor lack of federal funding, the PBV HAP will expire on October 31, 2038).
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
Discussion of Project
The Applicant submitted a request on behalf of the Owner to construct 29 low-income senior independent living units in a new 18,039 sf two-story building on the 2.1 acre Site located at 17103 Magnolia Street as described above and in the project description and proposed plan details (Attachment #5 and #6). The Project includes the following applications per the FVMC:
Per FVMC 21.34, a GPA is required for a change in land use designation for the Site from General Commercial to High Density Residential for the Project site (The Planning Commission recommended this action for City Council approval at its meeting of October 11, 2023.)
Per FVMC 21.34, a ZMA is required to rezone the Site from C1-Local Business to R4–High Density Multiple Dwelling (The Planning Commission recommended this action for City Council approval at its meeting of October 11, 2023.) Per FVMC Chapter 21.44, a PP is required for the development of any proposed structures in the City, except for structures in the R1 zoning district (The Planning Commission approved PP 570 on October 11, 2023, which approval is contingent upon City Council action approving the GPA, ZMA, and DBAHA.) Approval of a MND and MMRP to address the environmental impacts associated with this Project (The Planning Commission recommended this action for City Council approval at its meeting of October 11, 2023.) Approval of a DBAHA as required by Condition No. 30 of PP 570.
Amendments
As stated above, the existing 71-unit apartment complex was approved for “housing units for the elderly” in a commercial zone, which is non-conforming with the current Zoning Code that does not allow residential units in a commercial zone. Thus, the Applicant requested the GPA and ZMA to bring both the existing and proposed developments into compliance with the City’s current zoning. The requested amendments will amend the City’s Zoning Map and General Plan designations to align and allow development of the Project through PP 570.
The Project will facilitate production of affordable housing and count toward the City’s actions to meet its Regional Housing Needs Assessment (RHNA) allocation of 4,839 units during the planning period of 2021-2029, and will help accommodate more affordable senior housing in the City.
Precise Plan
Per FVMC Chapter 21.44, a PP is required for the development of any proposed structures in the City, except for structures in the R1 zoning district. This part of the necessary land use entitlements for development of the Project on the Site is subject to Planning Commission approval only, unless appealed to the City Council, but is contingent on the City Council’s consideration and discretionary actions on the GPA, ZMA, MND, MMRP and DBAHA. PP 570 was approved by Planning Commission on October 11, 2023 through Resolution No. 23-20 by a vote of 5-0 (Attachment #7).
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
PP 570 entitles the construction of an 18,039 sf, 2-story building, with 29 low-income senior housing units located just west of the existing OLG building on the Site. The Project will include fifteen (15) studio units ranging from 378 to 422 sf and fourteen (14) 1-bedroom units at 556 sf each. The first floor will include a mechanical room, janitor’s closets, an elevator, and fourteen (14) units and the second floor will include a residential laundry area, janitor’s closet, elevator, and fifteen (15) units. The proposed horseshoe shaped two-story building design incorporates an open breezeway on the first floor to accommodate an existing 10-foot wide sewer easement running through the property. A proposed patio area for residents will be located on the first floor in the breezeway over the easement. The architecture, materials, paint color, and roofing material/color of the new building will match the existing building on the Site to ensure complimentary design and uniformity.
In addition to governing the development of the Project, the PP lays out the associated parking lot, landscaping, and other onsite improvements. New parking stalls (“stalls”) will be provided along the south and west sides of the new building. These stalls will meet all required dimensioning and drive-aisle width requirements per the FVMC. The existing building was approved in 1985 with a parking requirement of 0.5 stalls per unit, thus requiring 36 stalls.
The new building will require 0.5 stalls for each unit, plus 1 stall for each 4 units for guests, thus requiring 22 stalls. Together, the existing and new proposed building will require 58 stalls. With 68 total stalls provided on the whole Site, the two developments, existing and new, will exceed the City’s parking requirements. It should also be noted that under the DBL special parking requirements (see below under ‘Density Bonus – Incentives/Concessions’), the new Project could qualify to provide zero (0) stalls, so the fact that they are exceeding City requirements is a benefit to the existing and future residents of the existing and new Our Lady of Guadalupe Apartments developments.
The minimum landscaping requirement for the Site is 15% of the full 2.1-acre Site, or 13,725 sf, and the Site will provide 25.7%, or 23,557 sf of landscaping. Landscape fingers containing landscaping and a tree will be provided at a minimum for every seven stalls when the minimum is one for every ten stalls. Lastly, although the Site is proposed to be zoned R4, and there is no requirement for trees along the border of the use and surrounding residential uses, the Project on the Site will meet commercial landscaping requirements of six (6) 15-gallon trees for every 100 feet between the Site and the surrounding single-family neighborhood. The 150.5 ft west side of the Project Site would require nine (9) 15-gallon trees if it were in a commercial zone and the Project is providing nine (9) 24-inch box trees. The 220 ft south side of the Project Site would require thirteen (13) 15-gallon trees if it were in a commercial zone and the Project is providing fourteen (14) 24-inch box trees. The length of the Site’s border along the single-family neighborhood (west and south sides) is 760 feet and if this commercial requirement for perimeter trees applied to the Project, it would require forty-five (45) 15-gallon trees. The entire Site provides 36 trees along the west and south border.
In addition to parking and landscaping, the new Project will provide onsite lighting and a new trash enclosure. Six (6) shielded light poles will be provided in the new parking lot and wall-pac lighting will be provided on the new building. The Project’s photometric study shows that the new lighting will produce 0.0 – 0.3 foot-candles at the south and west property lines with 0.0 – 0.1 foot-candles at a distance of 5 feet beyond each property line compliant with
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
FVMC 21.18.060. Additionally, all on-site lighting must comply with FVMC 21.18.060 and will be shielded so the light source is not visible from outside the boundary of the Site.
The Project will provide for a new 403 sf trash enclosure that exceeds the minimum size of a trash enclosure per FVMC 21.18.100 of a 192 sf for a 29-unit residential project. The trash enclosure will be painted to match the existing building, will provide a roof structure consistent with Republic Services guidelines, will provide interior lighting per the requirements of FVMC
21.18.100, and will provide a drain connected to the sewer system. The trash enclosure, much like the existing trash enclosure for the existing building on the Site, will be built directly adjacent to the north property line and will be serviced through access at the rear of the shopping center within a recorded 25-foot wide easement along the south side of the shopping center for emergency fire access and trash collection. A “will-serve” letter was received by staff from Republic Services assuring that trash pickup can be provided from the existing, as well as from the proposed, trash enclosures on the Site. Also aligned with the existing 25-foot easement, located adjacent to the new trash enclosure, a new emergency access gate will be installed for emergency services that will provide access between the rear of the shopping center and the Site.
On-site amenities of the Project will include a 713 sf pet area, a 117 foot long walking path with an area of 591 sf, two (2) patios of 172 and 495 sf located outside of the recreation room, and a 421 sf patio by the entry of the new building. Residents of the new building will also have access to the amenities in the existing building on the property including a 294 sf lounge/library, two (2) recreation rooms of 1,222 and 603 sf on the first floor, and a TV/Game Room of 399 sf on the second floor.
A breakdown of how the proposed Project meets the R4 residential development standards is noted below in Table 1: OLG Compliance with the R4 Zone.
Table 1: OLG Compliance with the R4 Zone.
Development Feature Required in R4 Project
Minimum Lot Area 10,000 sf 91,749 sf
Minimum Lot Width 60 ft. 150 ft 5 in
Maximum Density 30 du/ac 47.6 du/ac (see proposed DBAHA – Incentives/Concessions)
Maximum number of dwelling units
per parcel 1 unit per 1,452 sf
1.58 units per 1,452 sf (see
proposed DBAHA –
Incentives/Concessions)
Minimum Front Setback 20 ft 50.5 ft
Minimum Side Setback 5 ft North Side - 7ft 1 in
South Side – 64 ft 4 in
Minimum Interior Setbacks
Between Residential Structures 27.5 ft 20 ft (see proposed DBAHA – Incentives/Concessions) Minimum Second Story Setback 25 ft to existing
single-family development
West Side – 80 ft 11.5 in
South Side – 64 ft 4 in
Minimum Rear Setback 25 ft 80 ft 11.5 in
Maximum Height Limit 35 ft/3 story 28 ft/2 story
Maximum Site Coverage 40% 31%
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
Minimum Floor Area Studio – 500 sf
1-Bedroom – 750 sf
Studio – 378 sf and 422 sf
1-Bedroom – 556 sf
(see proposed DBAHA –
Incentives/Concessions)
Minimum Private Open Space –
Multi-Family units
100 sf per unit with no
dimension smaller than 10
ft
0 sf per unit
(see proposed DBAHA –
Incentives/Concessions)
Minimum Landscaping 15% 25.7%
Minimum Parking 58 spaces 68 spaces
As outlined above, the Project will meet all required development standards for the R4 Zoning District but will exceed the maximum density (and maximum number of dwelling units per parcel), and will fall short of meeting the interior setbacks between structures, minimum floor area, and private open space. An analysis of these development standards can be found below under DBAHA – Incentives/Concessions.
DBAHA – Incentives/Concessions
The DBL provides that owners of residential development projects that include specified levels of affordable housing are entitled to apply for and receive certain density bonuses and incentives to facilitate the economic feasibility of those projects. The DBL requires that the affordable units be subject to a recorded affordability restriction with a term of 55 years as set forth in the DBAHA between the City and the owner/developer.
At its regularly scheduled meeting on October 11, 2023, the Planning Commission adopted Resolution No. 23-20 approving Precise Plan No. 570 by a vote of 5-0 for the development of the Project. Developer is obligated to comply with the series of Conditions of Approval in Resolution 23-20, including that the City and Owner enter into that certain Density Bonus and Affordable Housing Agreement (17103 Magnolia Street, Fountain Valley) to implement the terms and conditions for development, operation, maintenance, and management of the 29 Affordable Units for the 55-year Affordability Period. The DBAHA is included with the proposed City Council Resolution (Attachment #4 to this staff report), and presented for City Council review and action. Capitalized terms used herein are set forth in the DBAHA.
As noted, Planning Commission Resolution No. 23-20 approved Precise Plan No. 570 for development of the Project. The Project Site at 17103 Magnolia Street is designated as an opportunity site in the City’s 2021-2029 Housing Element of the General Plan and will facilitate the City in meeting its RHNA allocation of 4,839 units. The Housing Element identifies the Site as a Pipeline Project in “Figure H-1 Housing Sites Inventory” and “Table H-22 Housing Sites Inventory” with 29 additional Low Income units and anticipated the Land Use designation of the General Plan for the Site would change to High Density Residential.
The Project includes acknowledgement of a density bonus from the maximum 30 dwelling units per acre to 47.6 dwelling units per acre (“du/ac”) and the reservation of 100 percent of the proposed 29-units for occupancy by Low Income households at an Affordable Rent.
The maximum density in the R4 zone is 30 du/ac and the maximum number of dwelling units in the R4 zone is 1 unit per 1,452 square feet. Therefore, the 2.1-acre Site, built to the maximum density in the R4 zone, would yield a maximum of 63 units on the Site. The existing 71-unit building exceeds the maximum density, thus the Applicant seeks and has applied to
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
the City for a density bonus to develop the Site at 47.6 du/ac to allow for a total development on the Site of 100 units. These 100 units would be comprised of 71 existing and 29 new units, all for occupancy and tenancy by qualified Senior Low Income Households at an Affordable Rent. By providing 100 percent of its base units as affordable, the Project will exercise a 58.8 percent density bonus option pursuant to the DBL. Although the Density Bonus Law allows for an 80%, or 50 unit, density bonus, the Applicant has elected to allocate a 58.8%, or 37 unit, density bonus.
Pursuant to the DBL, the Project shall include the 29 Affordable Units, and the DBL allows Developer to receive certain incentives/concessions to the City’s development standards.
The underlying zoning of the Site allows for a maximum of 30 dwelling units per acre (“DUA”); however, the Project will be built to 47.6 DUA based on Developer’s application for a density bonus pursuant to the DBL. The Project’s reservation of 100 percent of its base units as affordable to Low Income Households equates to the covenanted 29 on-site Affordable Units. While the DBL allows for up to an 80 percent density bonus, i.e., a 50 unit density bonus, the Developer elected and applied to the City to construct only 37 density bonus units for a density bonus of 58.8 percent.
The DBL also allows four (4) incentives/concessions for the Project in which a certain number of the “base” units are restricted for Low Income Households. Precise Plan No. 570 approved the Project with four incentives/concessions for the Project including:
Incentive/Concession #1 – An increase in the density of the Project Site from the maximum density of 30 du/ac as outlined in FVMC 21.08.040 to 47.6 du/ac.
The current density of the Project Site with 71 existing units is 33.8 du/ac. With the addition of the proposed building, 29 units will be added to the Site. This will bring the density of the Project Site up to 47.6 du/ac. The Applicant’s request is for a density bonus to accommodate 100 units (71 existing and 29 new) on the 2.1 acre property. Incentive/Concession #2 – A decrease in the minimum separation requirement between residential structures of 27.5 feet as outlined in FVMC 21.08.040 to 20 feet.
The Applicant is unable to meet the required 27.5 feet requirement because doing so would reduce the number of units in the building as well as reduce the parking count.
In order to meet the requirement, the building would need to shift 7.5 ft. This would put the building directly over the existing sewer easement as well as on top the sidewalk serving the parking along the west side of the building. It would also put the building too close to the trash enclosure and would require shifting the proposed building and parking lot locations putting the proposed building closer to the adjacent single-family homes to the west, thus making the Project incompatible with adjacent properties. Incentive/Concession #3 – A decrease in the minimum required floor area for studio and 1-bedroom units from the code requirement of 500 sf for a studio and 750 sf for a 1-bedroom unit as outlined in FVMC 21.08.040 to 378 and 422 sf for studio units and 556 sf for 1-bedroom units. The Project is affordable Senior housing and meets the CBC 11B requirements within the units. The size of the units also allows for 29 units on the Site. If the units were revised to meet the requirements set forth by the FVMC, then the number of units added would be reduced thus hindering the Project’s economic feasibility.
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
Incentive/Concession #4 – A decrease in the required amount of private open space from the FVMC that requires 100 sf of private open space per unit pursuant to FVMC 21.08.040 to zero square feet of private open space per unit. Due to the size of the overall size and configuration of the Site and the existing conditions, the Applicant is unable to meet the private open space requirement. To revise the building to meet the private open safe requirement, the size of the units will need to increase.
This increase in unit size would reduce the number of units in the building as well as reduce the parking count. The residents, however, will have access to other outdoor amenities on the Site. These outdoor amenities include a pet area (713 sf), walking path (Length: 117’ & Area: 591 sf), two patios outside of the recreation room (172 sf & 495 sf), and a patio by the entry of the new building (421 sf). Residents of the new building will also have access to the amenities in the existing building. The amenities include a lounge/library (294 sf) and recreation rooms (1,222 sf and 603 sf) on the first floor and a TV/Game Room (399 sf) on the second floor.
If approved with findings (as noted in proposed Resolutions), the Project entitlements will be consistent with the current General Plan and Zoning, and compliant with applicable development standards of the FVMC with the inclusion of the density bonus, concessions/incentives, and waivers.
Condition of Approval No. 30 in Resolution No. 23-20 requires the City and Owner to enter into the DBAHA (as Developer therein) prior to issuance of grading permits for the Project.
The Precise Plan also includes additional conditions addressing affordability, number of affordable units, monitoring, the recording of covenants against the Site and Project, the 55-year Affordability Period, and the approved density bonus. (See: Conditions of Approval Nos. 30-38 of Attachment #7; and these requirements are set forth and implemented in the DBAHA.) Other components of the land use entitlement are included in GPA 22-01, ZMA 435, and the MND AND MMRP for City Council’s consideration.
The attached City Council Resolution and DBAHA (Attachment #4) memorializes the Project approvals, as well as the 55-year Affordability Period for the 29 Affordable Units. The unit mix of the 29 Affordable Units include fifteen (15) studio units and fourteen (14) 1-bedroom units covenanted for occupancy by Low Income Households at an Affordable Rent as defined and set forth in the DBAHA. Pursuant to the California Health and Safety Code and California Code of Regulations, and as an example, based on the 2023 income limits issued by State Housing and Community Development (“HCD”) for Low/Lower Income Households and Affordable Rent for studio and 1-bedroom units are set forth in the table below. Income and rent standards are adjusted annually based on HCD income limits and applicable State laws as set forth in the DBAHA.
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
Maximum Household
Income based on
Household size
1-person 2-persons 3-persons 4-persons
Low/Lower Income
Household
$80,400 $91,850 $103,350 $114,800
Maximum
Affordable Rent
Low Income
Studio Units
$1,341.75
Maximum
Affordable Rent
Low Income
One-Bedroom Units
$1,533.75
The Project complies with the DBL that requires the City and Developer to enter into the DBAHA, which includes all required components of the DBL and related affordable housing State laws for rental units. Staff, therefore, recommends the City Council adopt the attached Resolution approving the DBAHA (Attachment #4).
Additional Conditions from Planning Commission
Based on testimony from surrounding residents received during the public hearing before the Planning Commission, the item was approved with the stipulation that certain additional conditions of approval be added. These included conditions to implement good neighbor requirements during construction, public signage to include facility management/owner contact information, and construction staging areas noted on the plans and drawings.
Additionally, conditions of approval have been added to the PP addressing issues discussed at the Planning Commission hearing including the requirement for OLG’s prompt response to complaints, the relocation and lowering of pole lights, delivery, drop-off, and rideshare signage, the removal of five (5) parallel parking stalls along the south side of the property to help alleviate potential noise issues, conditions addressing dust control and air quality, a limitation of construction hours and notification if louder construction, like jackhammering, will occur, and conditions addressing landscaping, idling vehicles, and pest control. In all, OLG has agreed to 17 additional conditions of approval (Conditions 41 – 57 of Attachment #7).
General Plan Consistency
The City is currently engaged in a comprehensive update to its General Plan. The 2021-2029 Housing Element (which will be incorporated into the General Plan Update when completed), approved through Resolution No. 9853 by the City Council on October 4, 2022 and certified by the State Housing Community Development Department on October 13, 2022, lists the Site at 17103 Magnolia Street as an opportunity site to meet the City’s RHNA allocation of
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
4,839 units. The Housing Element identifies the Site as a Pipeline Project in “Figure H-1 Housing Sites Inventory” and “Table H-22 Housing Sites Inventory” with 29 additional, covenanted Low Income units and anticipated the Land Use designation of the General Plan for the Site would change to High Density Residential. The Project will comply with the requirements of the Housing Element and is therefore consistent with the General Plan.
FINANCIAL REVIEW
There is no fiscal impact associated with approving the proposed GPA, ZMA, MND and MMRP, and DBAHA. After the Project is constructed and occupied and annually monitored during the 55-year Affordability Period, the Owner (as Developer) and each successor-ininterest is required to pay a City Monitoring Fee of $125/Affordable Unit. The City Monitoring Fee is due on the first anniversary of the issuance of the final certificate of occupancy for the Project and adjusted annually based on the Consumer Price Index for the prior Year.
PUBLIC NOTIFICATION
A Notice of Intent (NOI) to adopt the MND was filed with the County Clerk on August 3, 2023.
Additionally, the NOI to adopt the MND was published in Fountain Valley View on August 3, 2023 for the public comment period of August 3, 2023 through August 23, 2023. Lastly, the MND and all Appendices were made available to the public on the City’s website at www.fountainvalley.org on August 3, 2023.
Public hearing notices were mailed to all property owners and commercial tenants within 500 feet of the Site. The item was published in the Fountain Valley View and notices were posted at City Hall, Recreation Center, and the Fountain Valley Library.
ENVIRONMENTAL IMPACT REVIEW
CEQA requires analysis of local agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” The proposed Project is considered a project under CEQA.
On March 17, 2023, City staff sent out a Request for Proposals to conduct a Draft Initial Study and Negative Declaration for the Project that was provided to the City. On April 18, 2023, the City Council awarded Contract 13-05 to Phil Martin & Associates (“PMA”) to provide environmental services for the Project on the Site.
PMA prepared an environmental document consisting of the Initial Study, MND, and a MMRP.
The MND was distributed for a 20-day public review pursuant to State CEQA Guidelines Section 15105(b) on August 3, 2023. The MND determined that the Project may have a potential significant effect on the environment and the mitigation measures imposed as conditions of approval on the Project avoid or mitigate any potential significant effects on the environment to a point below the threshold of significance. The complete MND is attached to this report, as an Exhibit to the MND resolution (Attachment #1). The MND was published for the required 20-day comment period beginning on August 3, 2023 to August 23, 2023.
During the 20-day comment period on the MND, the City did not receive any comment letters.
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
MND and Mitigation Measures
Twelve (12) mitigation measures are identified in the MMRP, found in Attachment #4 to this Staff Report, to reduce impacts to a level that is less than significant. These impacts were identified in the areas of Air Quality, Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Noise, and Tribal Cultural Resources. A summary of each can be found below.
Traffic
The Project will not create any traffic hazards as it will only generate 94 daily vehicle trips with 6 trips in the a.m. peak hours and 7 trips in the p.m. peak hours. These trips are accommodated within the capacity available on the current roadway system. The Project was screened form supplying a Level of Service (LOS) analysis as the Project will generate less than 100 vehicle trips during either the a.m. or p.m. peak hour per the City of Fountain Valley Transportation Impact Assessment (TIA) Guidelines. Also, the Project is screened form a Vehicle Miles Traveled (VMT) analysis as the Project will generate less than 110 net new daily vehicle trips. Additionally, the Project satisfies the City-established screening criteria for projects with a low VMT-generating area as the Project is located in an area that is 0-15% below the average for the City and is located within a low VMT-generating area based on the City TIA Guidelines. Therefore, the Project satisfies the City-established screening criteria for project type screening and the VMT impact is less than significant.
ATTORNEY REVIEW
The City’s legal counsel has reviewed the attached Resolutions and Ordinance.
Special Counsel Celeste Brady of Stradling Yocca Carlson & Rauth has also reviewed this Report and the DBAHA and has consulted with the City’s legal counsel, Colin R. Burns of Harper & Burns.
ALTERNATIVES
Alternative No. 1: Adopt the following Resolutions and following Ordinance for adoption:
1. Adopt a Resolution approving a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA) for General Plan Amendment No. 22- 01, Zoning Map Amendment No. 435, Precise Plan No. 570, and a Density Bonus and Affordable Housing Agreement for the 29-Unit Senior Housing Development by Our Lady of Guadalupe located at 17103 Magnolia Street;
2. Adopt a Resolution approving General Plan Amendment No. 22-01 to change the Land Use Map Designation from General Commercial to High Density Residential for the property located at 17103 Magnolia Street;
3. Introduce an Ordinance approving Zoning Map Amendment No. 435 to change the zoning map designation from C1 – Local Business to R4 – High Density Multiple Dwelling for the property located at 17103 Magnolia Street.
4. Adopt a Resolution approving a Density Bonus and Affordable Housing Agreement for the Our Lady of Guadalupe Project.
Council Action Request
Our Lady of Guadalupe – GPA 22-01, ZMA 435, MND and MMRP, and DBAHA City Council Meeting December 19, 2023
Alternative No. 2: Continue the request and direct staff to prepare resolutions and ordinances for denial.
Alternative No. 3: Continue the request for additional information.
RECOMMENDATION
Staff is requesting City Council approval of Alternative No. 1 – Adopt the following Resolutions and Introduce the following Ordinance for adoption:
1. Adopt a Resolution approving a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) in accordance with the California Environmental Quality Act (CEQA) for General Plan Amendment No. 22- 01, Zoning Map Amendment No. 435, Precise Plan No. 570, and a Density Bonus and Affordable Housing Agreement for the 29-Unit Senior Housing Development by Our Lady of Guadalupe located at 17103 Magnolia Street.
2. Adopt a Resolution approving General Plan Amendment No. 22-01 to change the Land Use Map Designation from General Commercial to High Density Residential for the property located at 17103 Magnolia Street.
3. Introduce an Ordinance approving Zoning Map Amendment No. 435 to change the zoning map designation from C1 – Local Business to R4 – High Density Multiple Dwelling for the property located at 17103 Magnolia Street.
4. Adopt a Resolution approving a Density Bonus and Affordable Housing Agreement for the Our Lady of Guadalupe Project.
Prepared by: Steven Ayers, Principal Planner
Reviewed by: Omar Dadabhoy, Community Development Director Approved by: Maggie Le, City Manager
Attachments:
1. Resolution approving the MND and MMRP
2. Resolution approving GPA 22-01 to change to change the Land Use Map Designation from General Commercial to High Density Residential
3. Ordinance approving ZMA 435 to change the zoning map designation from C1 – Local Business to R4 – High Density Multiple Dwelling
4. Resolution approving the DBAHA for Our Lady of Guadalupe
5. Project Description Letter
6. Project Plans
7. Planning Commission Resolution #23-20 for Precise Plan No. 570
8. OLG Agreement to Conditions
The following Documents have been provided to the Planning Commission and City Council and are available for public review on the City of Fountain Valley website at https://www.fountainvalley.gov/1479/Our-Lady-of-Guadalupe-Senior-Residential:
1. Mitigated Negative Declaration for Our Lady of Guadalupe
2. Mitigation Monitoring and Reporting Program for Our Lady of Guadalupe MND
3. Appendix A – Air Quality/Greenhouse Gas Report
4. Appendix B – Geotechnical Report
5. Appendix C – Phase I Environmental Site Assessment
6. Appendix D – Hydrology Report and Water Quality Management Plan
7. Appendix E – Noise Report
8. Appendix F – VMT Report
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY APPROVING A MITIGATED NEGATIVE
DECLARATION AND ADOPTING OF A MITIGATION MONITORING
AND REPORTING PROGRAM FOR GENERAL PLAN AMENDMENT
NO. 22-01, ZONING MAP AMENDMENT NO. 435, PRECISE PLAN
NO. 570, CONDITIONAL USE PERMIT NO. 1911, AND A DENSITY BONUS AND AFFORDABLE HOUSING AGREEMENT FOR THE 29-
UNIT SENIOR HOUSING DEVELOPMENT BY OUR LADY OF
GUADALUPE LOCATED AT 17103 MAGNOLIA STREET
WHEREAS, Irwin Partners Architects (“Applicant”), on behalf of Our Lady of Guadalupe, has submitted a request to construct 29 low-income senior independent living units in a new 18,039 square foot two-story building on the 2.1 acre site currently occupied by Our Lady of Guadalupe located at 17103 Magnolia Street (“Project”); and WHEREAS the Project includes the following applications in accordance with the Fountain Valley Municipal Code (FVMC):
Per FVMC 21.34, a General Plan Amendment is required for a change in land use designation from General Commercial to High Density Residential for the approximate 2.1-acre Project Site.
Per FVMC 21.34, a Zoning Map Amendment is required to rezone the Site from C1 – Local Business to R4 – High Density Multiple Dwelling. Per FVMC Chapter 21.44, a Precise Plan is required for the development of any proposed structures in the City, except for structures in the R1 zoning district.
Acknowledgement and Approval of a Density Bonus and Affordable Housing Agreement (“DBAHA”) for the Project.
Approval of a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) to address the environmental impacts associated with the Project.
WHEREAS, Our Lady of Guadalupe, a California nonprofit public benefit corporation (“Owner” or “OLG”), is the owner of the Site at 17103 Magnolia Street (APN # 167-391-24), which is formally described in the legal description attached hereto as “Exhibit A” (“Site”); and
WHEREAS, the Project is considered a “project” as defined by CEQA; and
WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act and (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for the Project; and
WHEREAS, the Community Development Director determined that there was substantial evidence that the Project may have one or more significant effects on the environment and that preparation of a MND was therefore warranted under Public Resources Code § 21080(c);and
WHEREAS, a draft MND was prepared in accordance with CEQA Guidelines to evaluate the physical environmental impacts of the Project and was circulated for a 20-day public review period on August 3, 2023 through August 23, 2023, and was also made available on the City’s website and at City Hall; and
WHEREAS, a draft MND has been prepared to evaluate the potential environmental impacts associated with the Project. This draft MND, and all appendices, were posted on the City’s website at www.fountainvalley.org on August 3, 2023; and WHEREAS, the City gave notice of its intent to adopt the MND to (a) the public pursuant to Section 15072(b) of the CEQA Guidelines, (b) individuals and organizations, if any, that previously submitted written requests for notice pursuant to Section 15072(b) of the CEQA Guidelines, (c) responsible and trustee and other agencies with jurisdiction over resources that will be affected by the Project pursuant to Section 15073(c) of the CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to Section 15072(a) of the CEQA Guidelines; and
WHEREAS, on August 3, 2023, a notice describing the proposed project and the intent to adopt an MND was posted with the Orange County Clerk-Recorder in compliance with Public Resources Code Section 21092; and
WHEREAS, certified notice was duly given to the Native American tribes pursuant to California Government Code Section 65352.3. Staff received a letter from the Gabrieleno Band of Mission Indians – Kizh Nation. The tribe requested and was provided consultation on the Project; and
WHEREAS, during the public review period, the City received zero (0) written comment letters concerning the draft MND. Had the city recieved any written comments on the MND, responses to those comments would have been considered and made as part of the MND and MMRP; and
WHEREAS, the City has complied with the requirements of the Government Code Section 65300 et seq., the current State of California General Plan Guidelines, and the City’s applicable ordinances with respect to review and consideration of the proposed Project and Amendments; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 11, 2023, to consider the MND and MMRP; and
WHEREAS, on October 11, 2023, the Planning Commission held a public hearing, notice of said public hearing having been duly given as required by law to consider the MND and MMRP and to hear and consider evidence for and against the proposed Project and related actions and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, on October 11, 2023, the Planning Commission approved Resolution No. 23-19 by a vote of 5-0 recommending the City Council approve the MND and MMRP for the project; and
WHEREAS, at its noticed public hearing on October 11, 2023, and after action on the MND and MMRP, the Planning Commission approved Resolution No. 23-20 by a vote of 5-0 approving Precise Plan No. 570; and
WHEREAS, at its noticed public hearing on October 11, 2023, and after action on the MND and MMRP, the Planning Commission also approved Resolution No. 23-21 by a vote of 5-0 recommending the City Council approve General Plan Amendment No. 22-01 and Zoning Map Amendment No. 435; and
WHEREAS, the Planning Commission, in recommending adoption of the MND and MMRP for this Project, of which these findings are a part, did so through the exercise of their independent judgment and review after finding substantial evidence, in light of the record as a whole, to support the adoption of the Mitigated Negative Declaration; and WHEREAS, the City Council conducted a duly noticed public hearing on December 19, 2023 to consider the MND and MMRP; and
WHEREAS, the City Council, in adopting the MND and MMRP for this Project, of which these findings are a part, did so through the exercise of their independent judgment and review after finding substantial evidence, in light of the record as a whole, to support the adoption of the Mitigated Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1
The City Council finds that due notice of the public hearings in the Council Chambers, City Hall, 10200 Slater Avenue, was given as required by the Fountain Valley Municipal Code (FVMC), Title 21, and the Statutes of the State of California.
SECTION 2
Prior to consideration of the Project and Amendments and as contained in Resolution No’s. ____ and ____ Ordinance No. ____, the City Council found that the Project and Amendments would not have a significant adverse effect upon the environment and recommended approval of the MND and MMRP prepared for the Project. The City Council further found that the MMRP will ensure compliance during project implementation in that changes to the Project and/or mitigation measures have been incorporated into the Project and are fully enforceable through permit conditions, agreements, or other measures as required by Public Resources Code Section 21081.6.
The MND was circulated for public review from August 3, 2023 to August 23, 2023 and made available to the public and City Council for review and consideration. The City Council has reviewed the MND and MMRP and has found that the environmental document considers all environmental effects of the proposed Project, is complete and adequate, and fully complies with all requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines.
The City Council, as the Lead Agency, arrived at its independent judgement and found that on the basis of the MND and any comments received that there is no substantial evidence that the Project will have a significant adverse impact on the environment provided that the mitigation measures identified in the environmental document are incorporated into the Project.
SECTION 3
A MND has been prepared consisting of the Initial Study, all comments and recommendations received during the public review period, and a MMRP. The MND was distributed for a 20-day public review pursuant to State CEQA Guidelines Section 15105(b) on August 3, 2023. The MND determined that the Project may have a potential significant effect on the environment which, however, will be mitigated to a level that is less than significant with the Mitigation Measures included in the MMRP. Where the application of these measures does not reduce an impact to below a level of significance, a project-specific mitigation measure is introduced.
The MMRP is designed to ensure compliance during project implementation in that changes to the Project and/or mitigation measures have been incorporated into the Project and are fully enforceable through permit conditions, agreements, or other measures as required by Public Resources Code Section 21081.6. The mitigation measures imposed as conditions of approval on the Project avoid or mitigate any potential significant effects on the environment to a point below the threshold of significance.
SECTION 4
The City Council adopts the MND and MMRP as adequate to assess the environmental impacts of the Project, and find, on the basis of the whole record that there is no substantial evidence that the Project will have a significant effect on the environment. The approval of the MND reflects the City Council of Fountain Valley’s independent judgment and analysis.
The City Council, pursuant to Section 15074 of the CEQA Guidelines, hereby approves the
Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program attached hereto marked as “Exhibit B.”
SECTION 5
The City Council hereby authorizes and directs the Community Development Director to prepare and file a Notice of Determination with respect to said MND in the office of the Orange County Clerk-Recorder, as approved in CEQA.
PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF DECEMBER, 2023, BY THE FOLLOWING VOTE:
AYES:
NAYS:
ABSENT:
ABSTAIN:
__________________________________
Glenn Grandis, Mayor
ATTEST:
___________________________
Rick Miller, City Clerk
APPROVED AS TO FORM
HARPER & BURNS LLP
________________________________
Attorneys for the City
City of Fountain Valley
ATTACHED: “EXHIBIT A”
“EXHIBIT B”
Exhibit A
Leal Description
The Land referred to herein below is situated in the City of Fountain Valley, County of Orange, State of California, and is described as follows:
PARCEL A:
PARCEL 1 AS SHOWN ON A MAP FILED IN BOOK 185, PAGES 32 TO 34 INCLUSIVE
OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS
AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID LAND, AS RESERVED IN THE DEED FROM HOLMES LOAN & REALTY CO., TO JOE ISHIL AND OTHERS, RECORDED OCTOBER 1, 1941 IN BOOK 1112, PAGE 224 OF OFFICIAL RECORDS.
BY DEEDS RECORDED APRIL 11, 1961 IN BOOK 5685, PAGE 807 OF OFFICIAL RECORDS, AND IN BOOK 5685, PAGE 812 OF OFFICIAL RECORDS, ALL OIL, MINERALS AND OTHER HYDROCARBONS ABOVE A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND, WERE QUITCLAIMED TO THE OWNERS OF RECORD.
BY QUITCLAIM DEEDS RECORDED JANUARY 28, 1988 AS INSTRUMENT NO. 88- 040501 AND 88-040502 AND JUDGMENT BY COURT AFTER DEFAULT AND FINAL ORDER OF CONDEMNATION RECORDED APRIL 6, 1989 AS INSTRUMENT NO. 89- 181685 ALL OF OFFICIAL RECORDS, ALL RIGHTS OF SURFACE ENTRY WERE QUITCLAIMED TO THE OWNER OF RECORD.
PARCEL B:
AN EASEMENT FOR TRASH COLLECTION PURPOSES RECORDED APRIL 12, 1988 AS INSTRUMENT NO. 88-165632 OF OFFICIAL RECORDS OVER THE SOUTHERLY 25 FEET OF PARCEL 2 AS SHOWN ON PARCEL MAP NO. 82-431 FILED IN BOOK 185, PAGES 32 TO 34 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
Exhibit B
Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program [to be attached]
MITIGATED NEGATIVE DECLARATION
OUR LADY OF GUADALUPE SENIOR RESIDENTIAL PROJECT
Lead Agency:
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
(714) 593-4400
Project Proponent:
Our Lady of Guadalupe
17103 Magnolia Street
Fountain Valley, CA 92708
(714) 325-0908
Environmental Consultant:
Phil Martin & Associates
2987 NW Fairway Heights Drive
Bend, Oregon 97703
(949) 454-1800
July 24, 2023
Environmental Checklist
For CEQA Compliance
Our Lady of Guadalupe Senior Residential Project Page i Mitigated Negative Declaration July 24, 2023
TABLE of CONTENTS
SECTION PAGE
1 Project Title ............................................................................................................... 1
2. Lead Agency Name and Address .............................................................................. 1
3. Contact Person and Phone Number .......................................................................... 1
4. Project Location ........................................................................................................ 1
5. ....................................................................... 1
6. General Plan Designation ......................................................................................... 1 7 Zoning ....................................................................................................................... 1
8. Description of Project ................................................................................................ 1
9. Surrounding Land Uses and Setting .......................................................................... 6
10. Other Public Agencies whose Approval Is Required .................................................. 6
11. Have California Native American tribes traditionally and culturally affiliated With the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? ................................................................................................................ 7
12. Environmental Factors Potentially Affected ............................................................. 13
13. Determination .......................................................................................................... 13
14. Issues ..................................................................................................................... 15
15. Explanation of Issues .............................................................................................. 23 I. Aesthetics ....................................................................................................... 23 II. Agricultural and Forestry Resources ............................................................... 26 III. Air Quality ....................................................................................................... 28 IV. Biological Resources ...................................................................................... 37 V. Cultural Resources ......................................................................................... 38 VI. Energy ............................................................................................................ 40 VII. Geology and Soils .......................................................................................... 43 VIII. Greenhouse Gas Emissions ........................................................................... 45 IX. Hazards and Hazardous Materials .................................................................. 47 X. Hydrology and Water Quality .......................................................................... 50 XI. Land Use ........................................................................................................ 54 XII. Mineral Resources .......................................................................................... 59 XIII. Noise .............................................................................................................. 59 XIV. Population and Housing .................................................................................. 67 XV. Public Services ............................................................................................... 70 XVI. Recreation ...................................................................................................... 72 XVII. Transportation ................................................................................................ 72 XVIII. Tribal Cultural Resources ............................................................................... 76 XIX. Utilities and Service Systems .......................................................................... 77 XX. Wildfire ........................................................................................................... 78 XXI. Mandatory Findings of Significance ................................................................. 79 Appendices
Appendix A - Air Quality/Greenhouse Gas Report
Appendix B - Geotechnical Report
Appendix C - Phase I Environmental Site Assessment
Appendix D Hydrology Report and Water Quality Management Plan
Environmental Checklist
For CEQA Compliance
Our Lady of Guadalupe Senior Residential Project Page ii Mitigated Negative Declaration July 24, 2023
Appendix E Noise Report
Appendix F VMT Report
LIST of FIGURES
Figure Page
1. Regional Map ............................................................................................................ 2
2. Local Vicinity Map ..................................................................................................... 3
3. Aerial Photo .............................................................................................................. 4
4. Topo Map .................................................................................................................. 5
5. Landscape Plan ........................................................................................................ 7
6. Site Plan .................................................................................................................... 8
7. On-Site Photographs ................................................................................................. 9
8. Surrounding Land Uses ........................................................................................... 10
9. Photo Orientation Map ............................................................................................ 11
10. North/South Building Elevations .............................................................................. 24 11 East/West Building Elevations ................................................................................. 25
12. Noise Monitor Locations .......................................................................................... 61
13. Cumulative Project Location Map ............................................................................ 83 LIST of TABLES
Table Page
1. Ambient Air Quality Standards ................................................................................ 30
2. Air Quality Monitoring Summary (2018-2021) .......................................................... 32
3. SCAQMD Daily Emissions Thresholds of Significance ............................................ 33
4. Construction Activity Equipment Fleet ..................................................................... 34
5. Construction Activity Emissions Maximum Daily Emissions (pounds/day) ............... 34
6. LST and Project Emissions (pounds/day) ................................................................ 35
7. Daily Operational Impacts ....................................................................................... 36
8. Construction Emissions (Metric Tons CO2e) ............................................................ 46
9. Proposed Operational Emissions ............................................................................ 47
10. Estimated Project Runoff ......................................................................................... 52
11. Affordable Housing Concession Allowance ............................................................. 57
12. Fountain Valley Noise Ordinance Standards, Fountain Valley Municipal Code Section 6.28.050 ..................................................................................................... 60
13. Measured Noise Levels (dBA) ................................................................................. 60
14. Construction Equipment Noise Levels ..................................................................... 62
15. Exterior Construction Noise Equipment Levels at Off-Site Noise Sensitive Uses (dBA Leq) ................................................................................................................ 63
16. Human Response to Transient Vibration ................................................................. 65
17. Estimated Vibration Levels During Project Construction .......................................... 66
18. Project Trip Generation Rates ................................................................................. 72
19. Cumulative Projects ................................................................................................ 81
Our Lady of Guadalupe Senior Residential Project Page 1 Mitigated Negative Declaration July 24, 2023
PLANNING DEPARTMENT
1. Project Title: Our Lady of Guadalupe Senior Residential Project
2. Lead Agency Name and Address: City of Fountain Valley 10200 Slater Avenue
Fountain Valley, CA 90201
3. Contact Person and Phone Number: Steven Ayers, Principal Planner (714) 593-4431
4. Project Location: The project is located in the City of Fountain Valley as shown in Figure 1, Regional Map. More specifically, the project is located at 17103 Magnolia Street as shown in Figure 2, Vicinity Map. An aerial photograph of the site and surrounding area is shown in Figure 3, Aerial Photo. Figure 4 is a topography map that shows the topography on the site and surrounding areas.
5. Project Sponso s Name and Address: Our Lady of Guadalupe 17103 Magnolia Steet
Fountain Valley, CA 92708
(714) 325-0908
6. General Plan Designation: The project site is designated as General Commercial by the Fountain Valley General Plan. The project will require a General Plan Amendment to High Density Residential.
7. Zoning: The site is zoned C-1 Local Business by the Fountain Valley Zoning Map. The project would require a zone change to R4 High Density Multiple Dwelling to allow for the development of 29 lowincome senior units with density bonuses permitted by state law.
8. Description of Project: The project site totals approximately 2.1 gross acres (91,503 square feet) and includes one parcel (APN 167-391-24). The site is currently developed with Our Lady of Guadalupe that is a 62 plus senior apartment building with 71 studio and 1-bedroom senior apartments and three stories in height. The building totals approximately 50,932 square feet.
The Our Lady of Guadalupe Senior residential project is proposed for the open space area west of the existing Our Lady of Guadalupe building that is currently developed with 22 parking spaces, a 1,500 square foot patio with benches, chairs and tables and a 15,000 square garden.
The project applicant proposes the development of 29 low-income senior independent living units in an 18,039 square foot, two-story building on the 2.1 acre site. The two-story building consists of one separate building that is connected by a second floor corridor. The project proposes 14 independent units on the first floor that totals 6,538 square feet of living space and 15 independent units on the second floor that total 6,960 square feet of living space for a total of 13,498 square feet of living space.
The project proposes 68 parking spaces, which includes retaining 25 existing spaces, 21 relocated spaces and 22 new parking spaces. Access to the project site would be from Magnolia Avenue that extends along and forms the east project boundary.
The project will require a General Plan Amendment to High Density Residential and a zone change to R4 High Density Multiple Dwelling to allow for the development of 29 low-income senior units with density bonuses permitted by state law.
Our Lady of Guadalupe Senior Residential Project Page 6 Mitigated Negative Declaration July 24, 2023
The proposed R4 Zone applied to the 2.1 acre site would allow a maximum development of 30 DU/AC, or 63 dwelling units. There are, however, 71 existing residential units on the site associated with the existing Our Lady of Guadalupe development with a density of 33.8 DU/AC (71 dwelling units ÷ 2.1 acres = 33.8 DU/AC). The addition of the proposed 29 dwelling units would increase the density on the site to 47.6 DU/AC and greater than allowed by the R4 zone. The project is requesting a density bonus to allow 100 units on the site as opposed to 63 units as allowed by the requested R4 zone.
Fountain Valley Municipal Code (FVMC) 21.08.040 requires 27.5 ft. between the proposed residential building and the existing Our Lady of Guadalupe building. The project proposes 20 feet between the two residential structures. Thus, the project is requesting a concession to this requirement.
FVMC 21.08.040 requires a minimum floor area of 500 square feet for a studio unit and 750 square feet for a 1-bedroom unit. The project proposes 378 square feet and 422 square feet of floor area for studio units and 556 square feet for 1-bedroom units. Thus, the project is requesting a concession to floor area requirement.
FVMC 21.08.040 requires 100 square feet of private open space per multi-family unit. Due to the site constraints in order to provide 29 units, the project is unable to provide 100 square feet of private open space as required by the FVMC. The residents, however, would have access to other existing outdoor amenities on the site and include a pet area (713 square feet), walking path (591 square feet), two patios (172 square feet and 495 square feet), and a patio by the entry of the new building (421 sf). The residents of the proposed building would also have access to and the use of the recreational amenities in the existing Our Lady of Guadalupe building adjacent to the proposed building and include a lounge/library (294 square feet) and recreation rooms (1,222 square feet and 603 square feet) on the first floor and a TV/Game Room (399 sf) on the second floor. The project is requesting a concession to the private open space requirement.
The project will be setback 84 feet from the west property line, 64 feet from the south property line, 7 feet from the north property line and 391 feet from the east property line.
The project proposes two floor plans with 15 studio units and 14 one-bedroom units. The size of the studio units are 378 square feet, 422 square feet and the one-bedroom units are 556 square feet.
There is no maximum floor area ratio (FAR) requirement in the R4 zone. The project lot coverage is 31%. The architectural style is Contemporary Spanish.
The proposed landscape plan is shown in Figure 5. The project proposes open space consisting of a 713 square foot pet area, a 591 square foot walking path, 2 patios outside of the recreation room of 172 square feet and 495 square feet and a 421 square foot patio near the entry of the new building. The project is scheduled to be constructed in one phase with construction tentatively scheduled to start October 2023 and completed in October 2024. The proposed site plan is shown in Figure 6.
9. Surrounding Land Uses and Setting: The land uses surrounding the project site include commercial use to the north, single-family residential to the west and south and Our Lady of Guadalupe adjacent to and east of the project and further east of the site, east of Magnolia Street is commercial use. Figure 7 shows photographs of the on-site land use and Figure 8 shows photographs of the surrounding land uses. Figure 9 is a photo orientation map showing the locations of the photographs in Figures 7 and 8.
10. Other Public Agencies whose approval is Required: The discretionary approvals required from the City of Fountain Valley includes the following:
5" 6" 4" 4" SEWER EASEMENT (E)
METAL BACK-FLO
FENCE (E)
NO PARKING FIRE LANENO PARKING FIRE LANE
Our Lady of Guadalupe Senior Residential Project Page 12 Mitigated Negative Declaration July 24, 2023
a. General Plan Amendment to High Density Residential
b. Zone change to R4 High Density Multiple Dwelling
c. Density bonus of 47.6 DU/AC
d. Precise Plan for construction of the new building
e. Conditional Use Permit (CUP) for a multifamily dwelling in the R4 zone f. Density Bonus and Affordable Housing Agreement
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code Section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Tribal letters were mailed October 18, 2022 to 21 tribes and formally inviting consultation with the city in compliance with 21080.3.1. The tribes that were contacted includes:
1. Andrew Salas - Gabrieleño Band of Mission Indians Kizh Nation
2. Sandonee Goad - Gabrieleño/Tongva Nation
3. Robert Dorame - Gabrieleño/Tongva Indians of California Tribal Council
4. Anthony Morales - Gabrieleño/Tongva San Gabriel Band of Mission Indians
5. Joseph Ontiveros - Soboba Band of Luiseno Indians
6. Joyce Stanfield Perry - Juaneno Band of Mission Indians Acjachemen Nation
7. Matias Belardes - Juaneno Band of Mission Indians Acjachemen Nation
8. Angela Santos - Manzanita Band of Kumeyaay Nation
9. Charles Alvarez Gabrielino-Tongva Tribe
10. Christina Conley Gabrielino Tongva Indians of California Tribal Council
11. Gwendolyn Parada La Posta Band of Diegueno Mission Indians
12. Heidi Lucero - Juaneno Band of Mission Indians Acjachemen Nation 84A
13. Isaiah Vivanco Soboba Band of Luiseno Indians
14. Javaughn Miller La Posta Band of Diegueno Mission Indians
15. Lovina Redner Santa Rosa Band of Cahuilla Indians
16. Michael Garcia - Ewilaapaayp Band of Kumeyaay Indians
17. Michael Linton - Mesa Grande Band of Diegueno Mission Indians
18. Ralph Goff - Campo Band of Diegueno Mission Indians
19. Robert Pinto - Ewilaapaayp Band of Kumeyaay Indians
20. Scott Cozart - Soboba Band of Luiseno Indians
21. Shasta Gaughen Pala Band of Mission Indians
Note: Conducting consultation early in the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code Section 21080.3.2) Information may also be available from the California Native American Heritage Commiss red Lands File per Public Resources Code Section 5097.96 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code Section 21082.3(c) contains provisions specific to confidentiality.
Our Lady of Guadalupe Senior Residential Project Page 13 Mitigated Negative Declaration July 24, 2023
12. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impa lly Significant Imp as indicated by the checklist on the following pages.
Aesthetics Agriculture and Forestry
Resources Air Quality
Biological Resources Cultural Resources Energy
Geology/Soils Greenhouse Gas Emissions Hazards and Hazardous Materials
Hydrology/Water Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services
Recreation Transportation Tribal Cultural Resources
Utilities/Service Systems Wildfire Mandatory Findings of Significance
13. Determination: (To be completed by the Lead Agency) On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant impact on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have otentially significa tially significant unles 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 an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION 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, nothing further is required.
Signature: Date
Our Lady of Guadalupe Senior Residential Project Page 14 Mitigated Negative Declaration July 24, 2023
Evaluation of Environmental Impacts:
1. A brief explanation is required for all answe No Impac answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question.
No Impac uately 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 Im answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than signif otentially Significant Impa appropriate if there is substantial evidence that an effect may be significant. If there are one ally Significant Impa when the determination is made, an EIR is required.
4. Negative Declaration: Less Than Significant With Mitiga lies where the incorporation of mitigation measures has reduced an effect f Significant o a -than- . The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation m Ana as described in (5) below may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).
In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
Our Lady of Guadalupe Senior Residential Project Page 15 Mitigated Negative Declaration July 24, 2023
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance.
14. Issues:
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
I. AESTHETICS: Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic
vista?
b) Substantially damage scenic resources, including
but not limited to trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) In non-urbanized areas, substantially degrade the
existing visual character or quality of public views
of the site and its surroundings? (Public views are
those that are experienced from publicly accessible
vantage point). If the project is in an urbanized
area, would the project conflict with applicable
zoning and other regulations governing scenic
quality?
d) Create a new source of substantial light or glare
that will adversely affect day or nighttime views in
the area?
II. AGRICULTURE and FORESTRY 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 Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding t land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland) as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural
use?
Our Lady of Guadalupe Senior Residential Project Page 16 Mitigated Negative Declaration July 24, 2023
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources
Code Section 12220(g)), timberland (as defined by
Public Resources Code Section 4526), or
timberland zoned Timberland Production (as
defined by Government Code Section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment,
which due to their location or nature, could
individually or cumulatively result in the loss of
Farmland, to non-agricultural use or conversion of
forest land to non-forest use?
III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Result in a cumulatively considerable net increase
of any criteria pollutants for which the project
region is non-attainment under an applicable
federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to
odors) adversely affecting a substantial number of
people?
IV. BIOLOGICAL RESOURCES: Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species
identified as a candidate, sensitive, or special
status species in local or regional plans, policies or
regulations or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations, or by the California Department of Fish
and Wildlife or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or
federally protected wetlands (including, but not
limited to, marsh, vernal pool, coastal, etc.) through
direct removal, filing, hydrological interruption, or
other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species
Our Lady of Guadalupe Senior Residential Project Page 17 Mitigated Negative Declaration July 24, 2023
or with established native resident or migratory
wildlife corridors, or impede the use of native
wildlife nursery sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community
Conservation Plan, or other approved local,
regional, or state habitat conservation plan?
V. CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the
significance of a historical resource pursuant to
§15064.5?
b) Cause a substantial adverse change in the
significance of a unique archaeological resource as
defined in §15064.5?
c) Disturb any human remains, including those
interred outside of formal cemeteries?
VI. ENERGY: Would the project:
a) Result in potentially significant environmental
impact due to wasteful, inefficient, or unnecessary
consumption of energy resources, during project
construction or operation?
b) Conflict with or obstruct a state or local plan for
renewable energy or energy efficiency?
VII. GEOLOGY AND SOILS: Would the project:
a) Directly or indirectly cause potential substantial
adverse effects, including the risk of loss, injury or
death involving:
i. Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? (Refer
to Division of Mines and Geology Special
Publication 42.)
ii. Strong seismic ground shaking?
iii. Seismic-related ground failure, including
liquefaction?
iv. Landslides?
b) Result in substantial soil erosion or loss of topsoil? c) Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence,
liquefaction or collapse?
Our Lady of Guadalupe Senior Residential Project Page 18 Mitigated Negative Declaration July 24, 2023
d) Be located on expansive soil, as defined in Table
18-1-B of the Uniform Building Code (1994),
creating substantial direct or indirect risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative wastewater
disposal systems where sewers are not available
for the disposal of waste water?
f) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
VIII. GREENHOUSE GAS EMISSIONS Would the project:
a) Generate greenhouse gas emissions, either
directly or indirectly, that may have a significant
impact on the environment?
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions
of greenhouse gases?
IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of
hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
e) For a project located within an airport land use
plan, or where such a plan has not been adopted, within two miles of a public airport, will the project result in a safety hazard or excessive noise for
people working or residing in the project area?
f) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
g) Expose people or structures, either directly or
indirectly, to a significant risk of loss, injury or
death involving wildland fires? X. HYDROLOGY AND WATER QUALITY. Would the project:
Our Lady of Guadalupe Senior Residential Project Page 19 Mitigated Negative Declaration July 24, 2023
a) Violate any water quality standards or waste
discharge requirements or otherwise substantially
degrade surface or ground water quality?
b) Substantially decrease groundwater supplies or
interfere substantially with groundwater recharge
such that the project may impede sustainable
groundwater management of the basin?
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of
the course of a stream or river or through the
addition of impervious surfaces in a manner, which
would:
(i) result in substantial erosion or siltation on- or
off-site;
(ii) substantially increase the rate or amount of
surface runoff in a manner which would result
in flooding on-or off-site;
(iii) create or contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff; or
(iv) impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk
release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water
quality control plan or sustainable groundwater
management plan?
XI. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a
conflict with any land use plan, policy or regulation
adopted for the purpose of avoiding or mitigation
an environmental effect?
XII. MINERAL RESOURCES: Would the project:
a) Result in the loss of availability of a known mineral resource that would be of value to the region and
the residents of the state?
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?
XIII. NOISE: Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise levels in the
vicinity of the project in excess of standards
established in the local general plan or noise
Our Lady of Guadalupe Senior Residential Project Page 20 Mitigated Negative Declaration July 24, 2023
ordinance, or applicable standards of other
agencies?
b) Generation of excessive groundborne vibration or
groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a
plan has not been adopted, within two miles of a
public airport, will the project expose people
residing or working in the project area to excessive
noise levels?
XIV. POPULATION AND HOUSING: Would the project:
a) Induce substantial unplanned population growth in
an area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example through extension of roads or other
infrastructure)?
b) Displace substantial numbers of existing people or
housing, necessitating the construction of
replacement housing elsewhere?
XV. PUBLIC SERVICES:
a) Would the project result in substantial adverse
physical impacts associated with the provision of
new or physically altered governmental facilities,
need for new or physically altered governmental
facilities, the construction of which could cause
significant environmental impacts, in order to
maintain acceptable service ratios, response times
or other performance objectives for any of the
public services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
XVI. RECREATION:
a) Would the project increase the use of existing
neighborhood and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b) Does the project include recreational facilities or
require the construction or expansion of
recreational facilities that might have an adverse
physical effect on the environment?
Our Lady of Guadalupe Senior Residential Project Page 21 Mitigated Negative Declaration July 24, 2023
XVII. TRANSPORTATION: Would the project:
a) Conflict with a program plan, ordinance or policy
addressing the circulation system, including transit,
roadway, bicycle and pedestrian facilities?
b) Would the project conflict or be inconsistent with
CEQA Guidelines Section 15064.3, subdivision
(b)?
c) Substantially increase hazards due to a geometric
design feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
d) Result in inadequate emergency access?
XVIII. TRIBAL CULTURAL RESOURCES:
a) Would the project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
Section 21074 as either a site, feature, place,
cultural landscape that is geographically defined in
terms of the size and scope of the landscape,
sacred place, or object with cultural value to a
California Native American tribe, and that is:
i. Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in
Public Resources Code Section 5020.1 (k), or
ii. A resource determined by the lead agency, in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.
XIX. UTILITIES AND SERVICE SYSTEMS: Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or
storm water drainage, electric power, natural gas,
or telecommunications facilities, the construction or
relocation of which could cause significant
environmental effects?
b) Have sufficient water supplies available to serve
the project and reasonably foreseeable future
development during normal, dry and multiple dry
years?
Our Lady of Guadalupe Senior Residential Project Page 22 Mitigated Negative Declaration July 24, 2023
c) Result in a determination by the wastewater
treatment provider, which serves or may serve the
project that it has adequate capacity to serve the
projected demand in addition to the
s?
d) Generate solid waste in excess of State or local
standards, or in excess of the capacity of local
infrastructure, or otherwise impair the attainment of
solid waste reduction goals?
e) Comply with federal, state and local management
and reduction statues and regulations related to
solid waste?
XX. WILDFIRE If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations from
a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?
d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result or runoff, post-fire slope
instability, or drainage changes?
XXI. MANDATORY FINDINGS OF SIGNIFICANCE:
a) Does the project have the potential to substantially degrade the quality of the environment,
substantially reduce the habitat of a fish or wildlife
species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a
plant or animal community, substantially reduce the
number or restrict the range of a rare or
endangered plant or animal, or eliminate important
examples of the major periods of California history
or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable?
ulatively considerabl s 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.)
Our Lady of Guadalupe Senior Residential Project Page 23 Mitigated Negative Declaration July 24, 2023
c) Does the project have environmental effects that
will cause substantial adverse effects on human
beings, either directly or indirectly?
15. Explanation of Issues
I. AESTHETICS: Would the project:
a) Have a substantial adverse effect on a scenic vista? No Impact. The project site is not part of any approved or designated scenic vista. Furthermore, the Fountain Valley General Plan does not designate any scenic vista that is either adjacent to or directly visible from the site. Warner Avenue is the city boundary between the City of Huntington Beach and Fountain Valley and approximately 450 feet north of the project site. There are no designated scenic vistas along Warner Avenue in Huntington Beach that are within direct view of the project site. The project would not have any scenic vista impacts.
b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. There are no Officially Designated or Eligible state scenic highways and no scenic resources such as trees, rock outcroppings, or historic buildings within a state scenic highway either adjacent to or in direct view from the site that would be removed or altered by the project. The project would not impact a state scenic resource. c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impact. The project is located within an urbanized area.1 The project would remove
approximately 21 existing parking spaces and a 1,500 square foot patio to develop the 29 low-income senior independent living units in an 18,039 square foot, two-story building, underground utilities, landscaping and other supporting site improvements and 68 total parking spaces. The proposed building would reflect a Contemporary Spanish architecture. The project proposes a landscaped walking path in the building set-back between the existing and proposed building. New landscaping including trees, groundcover and shrubs are proposed for the open space area around the perimeter of the proposed building and within the new parking lot west and south of the proposed building. FVMC Chapter 21.20.040 requires 15 percent of the project site be landscaped. The project proposes approximately 9,201 square feet of new landscaping in addition to the existing 15,699 square feet of existing landscaping for a total of 24,900 square feet of landscaping that totals 27.5 percent of the project site and exceeds the municipal code.
The maximum height of the proposed building is 28 , including the top of the tower. The architectural design character of the proposed building includes building elevations that are detailed and articulated with metal awning projections, trim, and building extensions and recesses to avoid long and plain surfaces. Building massing would be further minimized by using differentiated building colors to match the existing building on the site. Elevations of the proposed two-story building are shown in Figures 10 and 11. The design and architecture of the proposed building along with landscaping around the building and throughout the parking lot would improve the aesthetics of the site for both existing and future project residents. The project would be required by the city to comply with the development standards that are required for the requested R4 zoning for the site. The project would not have any significant aesthetic impacts. 1 CEQA Guidelines §15387.
Our Lady of Guadalupe Senior Residential Project Page 26 Mitigated Negative Declaration July 24, 2023
d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? Less Than Significant Impact. The project would generate increased amounts of light and glare compared to the existing vacant land on the site where the building is proposed to be constructed. The new sources of light and glare include city required exterior lighting in compliance with FVMC Chapter 21.18.060, landscape lighting and car headlights. The exterior building lighting, landscape lighting and cars lights would be similar to the light that is generated by the existing Our Lady of Guadalupe building on the site, but less intense due to the smaller size of the proposed building. The interior lights of the proposed building would be directly visible to the existing residents adjacent to and west and south of the site. The new sources of lighting would increase the amount of light that is currently generated from the vacant land on the site. Although the interior and exterior lights of the project would be visible to existing residents adjacent to and in close proximity of the project the intensity of the project lighting would be similar to, but less than the light that is generated by the existing Our Lady of Guadalupe residential building on the project site and other residential and commercial lighting in the project vicinity.
The lights from the cars of the residents that would drive in and out of the site would increase the amount of nighttime automobile light at the west end of the site where the building is proposed. Like the existing condition, the existing 5 foot block walls along the west and south project boundary would prevent car headlights from shining directly into the yards of the adjacent residential units. While the lights of the cars generated by the project would incrementally increase the amount of nighttime light in the immediate project vicinity and visible to the residents adjacent to and immediately west and south of the site, the lights from the car headlights of the project would not be new or unique to the project site or the immediate area and is not anticipated to significantly impact adjacent residents.
There is minimal glare currently generated from the area of the project site where the project is proposed to be constructed. Glare is not new or unique to the site or the immediate project area.
There is existing residential development adjacent to the site and the existing Our Lady of Guadalupe development currently generate glare to the area and within the project site. The project would incrementally increase the amount of glare from metal surfaces and glazing from the proposed building similar to the existing Our Lady of Guadalupe building. However, the incremental increase in glare by the project would be similar to the existing glare on the site and would not significantly impact existing residents on or adjacent to the site.
New parking lot lights would be installed in the parking lot resulting in lights being closer to the existing residential homes adjacent to and west and south of the project. Therefore, the project would increase the amount of nighttime lighting onto the adjacent residents closest to the site compared to the existing condition. The project must comply with FVMC Section 21.18.060 which sets the standards for the amount of light and glare the project can generated to protect both project residents and the existing residents adjacent to the site. Project compliance with light and glare requirements of FVMC Section
21.18.060 would reduce potential project light and glare impacts to the adjacent residents to a level of less than significant. The project would not have any significant light or glare impacts.
II. AGRICULTURE AND FORESTRY RESOURCES: Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The project site is developed with the Our Lady of Guadalupe low-income senior housing apartment building and associated site improvements. There are no agricultural activities on the site currently.
Our Lady of Guadalupe Senior Residential Project Page 27 Mitigated Negative Declaration July 24, 2023
The site is desi ban and Built-Up La latest State of California Department of Conservation Orange County Important Farmland 2016 map2 . Urban and Built-up Land is, used for
residential, industrial, commercial, construction, institutional, public administrative purposes, railroad yards, cemeteries, airports, golf courses, sanitary landfills, sewage treatment plants, water control structures, and other development purposes. Highways, railroads, and other transportation facilities are mapped as a part of Urban and Built-up Land if they are a part of the surrounding urban areas.
Units of land smaller than 10 acres will be incorporated into the surrounding map classifications. The building density for residential use must be at least 1 structure per 1.5 acres (or approximately 6 structures per 10 acres). Urban and Built-up Land must contain man-made structures or buildings under construction, and the infrastructure required for development (e.g., paved roads, sewers, water, electricity, drainage, or flood control facilities) that are specifically designed to serve that land. Parking lots, storage and distribution facilities, and industrial uses such as large packing operations for agricultural produce will generally be mapped as Urban and Built-up Land even though they may be associated with agriculture.
Urban and Built-up Land does not include strip mines, borrow pits, gravel pits, farmsteads, ranch headquarters, commercial feedlots, greenhouses, poultry facilities, or road systems for freeway interchanges outside of areas classified as Urban and Built-up Land areas.
Within areas classified as Urban and Built-up Land, vacant and nonagricultural land which is surrounded on all sides by urban development and is less than 40 acres in size will be mapped as Urban and Built-up. Vacant and nonagricultural land larger than 40 acres in size will be mapped as Other Land.3
The project would not convert prime, unique, or farmland of statewide importance to non-agricultural use and impact farmland.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The project site is not in a Williamson Act contact. The requested R4 zoning does not allow agricultural use.
The project would not conflict with any existing agricultural use or a Williamson Act contract. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No Impact. There are no timber or forests in the City of Fountain Valley. The requested zone change to R4 High Density Multiple Dwelling does not allow timber or forest production. The project would not impact any forest or timber production. d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. See Response to section c above.
e) Involve other changes in the existing environment, which due to their location or nature, could individually or cumulatively result in the loss of Farmland, to non-agricultural use? No Impact.
The project would not result in the loss of any farmland, either individually or cumulatively, and would have no impact to farmland.
2 https://maps.conservation.ca.gov/DLRP/CIFF/ 3
https://www.conservation.ca.gov/dlrp/fmmp/Documents/soil_criteria.pdf
Our Lady of Guadalupe Senior Residential Project Page 28 Mitigated Negative Declaration July 24, 2023
III. AIR QUALITY: Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. The U.S. Environmental Protection Agency (U.S. EPA) is the primary federal agency for regulating air quality. The EPA implements the provisions of the Federal Clean Air Act (FCAA). This Act establishes National Ambient Air Quality Standards (NAAQS) that are applicable nationwide. The EPA designates areas with pollutant concentrations that do not meet the NAAQS as non-attainment areas for each criteria pollutant. States are required by the FCAA to prepare State Implementation Plans (SIP) for designated non-attainment areas. The SIP is required to demonstrate how the areas would attain the NAAQS by the prescribed deadlines and what measures would be required to attain the standards. The EPA also oversees implementation of the prescribed measures.
Areas that achieve the NAAQS after a non-attainment designation are redesignated as maintenance areas and must have approved Maintenance Plans to ensure continued attainment of the NAAQS.
The California Clean Air Act (CCAA) required all air pollution control districts in the state to prepare plans to reduce pollutant concentrations exceeding the California Ambient Air Quality Standards (CAAQS) and ultimately achieve the CAAQS. The districts are required to review and revise these plans every three years. The South Coast Air Quality Management District (SCAQMD), in which the project is located, satisfies this requirement through the publication of an Air Quality Management Plan (AQMP). The AQMP is developed by SCAQMD and the Southern California Association of Governments (SCAG) in coordination with local governments and the private sector. The AQMP is incorporated into the SIP by the California Air Resources Board (CARB) to satisfy FCAA requirements discussed above.
On December 7, 2012, the 2012 AQMP was adopted by the SCAQMD Governing Board. The primary task of the 2012 AQMP is to bring the basin into attainment with federal health-based standards for unhealthful fine particulate matter (PM2.5) by 2014. The document states that to have any reasonable expectation of meeting the 2023 ozone deadline, the scope and pace of continued air quality improvement must greatly intensify.
AQMPs are required to be updated every three years. The 2019 AQMP was adopted by the SCAQMD Board on March 6, 2019, and has been submitted to the California Air Resources Board for forwarding to the EPA. The 2019 AQMP acknowledges that motor vehicle emissions have been effectively controlled and that reductions in NOx, the continuing ozone problem pollutant, may need to come from major stationary sources (power plants, refineries, landfill flares, etc.). The current attainment deadlines for all federal non-attainment pollutants are now as follows:
8-hour ozone (70 ppb) 2032
Annual PM-2.5 (12 g/m3) 2025
8-hour ozone (75 ppb) 2024 (old standard)
1-hour ozone (120 ppb) 2023 (rescinded standard)
24-hour PM-2.5 (35 g/m3) 2019
The project does not directly relate to the AQMP in that there are no specific air quality programs or regulations governing residential projects. Conformity with adopted plans, forecasts and programs relative to population, housing, employment and land use is the primary yardstick by which impact significance of planned growth is determined. The SCAQMD, however, while acknowledging that the AQMP is a growth-accommodating document, does not favor designating regional impacts as less than significant just because a proposed development is consistent with regional growth projections. Air quality impact significance for the project has therefore been analyzed on a project-specific basis.
Our Lady of Guadalupe Senior Residential Project Page 29 Mitigated Negative Declaration July 24, 2023
The proposed project would not significantly affect regional air quality plans. According to section XVII Transportation of this MND, the project would not generate new vehicle emissions that exceed AQMD adopted thresholds based on the air quality analysis that concludes no significant air quality impact.
Therefore, the project is consistent with and would not significantly impact the AQMP. b) Result in a cumulatively considerable net increase of any criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. Cumulative projects include local development as well as general growth within the project area. However, as with most development, the greatest source of emissions is from mobile sources, which travel well out of the local area. Therefore, from an air quality standpoint, the cumulative analysis would extend beyond any local projects and when wind patterns are considered, would cover an even larger area.
The project is located within the SCAB and non-attainment for ozone and PM10 particulate matter.
Construction and operation of cumulative projects would further degrade the local air quality, as well as the air quality of the SCAB. The greatest cumulative impact on the regional air quality is the incremental addition of pollutants mainly from increased traffic from residential, commercial, and industrial development and the use of heavy equipment and trucks associated with the construction of these projects. Air quality would be temporarily degraded during construction activities that occur separately or simultaneously. However, in accordance with the SCAQMD methodology, projects that do not exceed the SCAQMD criteria or can be mitigated to less than criteria levels are not significant and do not add to the overall cumulative impact.
As stated in s c below of this MND, the project would not generate any short- or long-term air emissions that exceed SCAQMD emission thresholds. Therefore, the project would not have any significant cumulative criteria pollutant impacts.
c) Expose sensitive receptors to substantial pollutant concentrations? Potentially Significant Unless Mitigation Incorporated. An air quality and greenhouse gas report4 was prepared for the
project. A copy of the air quality and greenhouse gas report is attached in Appendix A.
Criteria Pollutants, Health Effects, and Standards
Under the Federal Clean Air Act (FCAA), the U.S. EPA has established National Ambient Air Quality Standards (NAAQS) for six major pollutants; ozone (O3), respirable particulate matter (PM10), fine particulate matter (PM2.5), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), and lead. These six air pollutants are often referred to as the criteria pollutants. The NAAQS are two tiered: primary, to protect public health, and secondary, to prevent degradation to the environment (i.e., impairment of visibility, damage to vegetation and property).
Under the California Clean Air Act, the California Air Resources Board has established California Ambient Air Quality Standards (CAAQS) to protect the health and welfare of Californians. State standards have been established for the six criteria pollutants as well as four additional pollutants; visibility reducing particles, sulfates, hydrogen sulfide, and vinyl chloride.
Table 1 presents the state and national ambient air quality standards. A brief explanation of each pollutant and their health effects is presented in the Table 1 footnotes. 4 Air Quality and GHG Impact Analysis, Guadalupe Manor (17103 Magnolia) Residential Project, Gerrick Environmental, May 14, 2023.
Our Lady of Guadalupe Senior Residential Project Page 30 Mitigated Negative Declaration July 24, 2023
Table 1
Ambient Air Quality Standards
Our Lady of Guadalupe Senior Residential Project Page 31 Mitigated Negative Declaration July 24, 2023
Our Lady of Guadalupe Senior Residential Project Page 32 Mitigated Negative Declaration July 24, 2023
Monitored Air Quality
Long-term air quality monitoring is carried out by the SCAQMD at various monitoring stations. The SCAQMD has divided the South Coast Air Basin into 38 air monitoring areas with a designated ambient air monitoring station representative of each area. There are no nearby stations to the project that monitor the full spectrum of pollutants. However, the Anaheim monitoring station that is the closest air monitoring station to the project, monitors measures both regional pollution levels such as smog, ozone, 10 and 2.5 micron particulate matter (PM-10, PM-2.5) and nitrogen oxides (NOx). Table 2 is a 4-year summary of the most recent monitoring data for the major air pollutants compiled from the Anaheim air monitoring station.
Table 2
Air Quality Monitoring Summary (2018-2021)
(Number of Days Standards Were Exceeded, and Maximum Levels During Such Violations) Pollutant/Standard 2018 2019 2020 2021
Ozone 1-Hour > 0.09 ppm (S) 1 1 6 0
8-Hour > 0.07 ppm (S) 1 1 15 0
8- Hour > 0.075 ppm (F) 0 1 4 0
Max. 1-Hour Conc. (ppm) 0.112 0.096 0.142 0.103
Max. 8-Hour Conc. (ppm) 0.071 0.082 0.097 0.068
Carbon Monoxide 8- Hour > 9. ppm (S,F) 0 0 0 0
Max 8-hour Conc. (ppm) 1.9 1.3 1.7 1.5
Nitrogen Dioxide 1-Hour > 0.18 ppm (S) 0 0 0 0
Max. 1-Hour Conc. (ppm) 0.066 0.059 0.071 0.067
Inhalable Particulates (PM-10) 24-hour > 50 g/m3 (S) 13/320 13/364 13/329 12/361 24-hour > 150 g/m3 (F) 0/320 0/364 0/329 0/361
Max. 24-Hr. Conc. ( g/m3) 129. 127. 120. 115.
Ultra-Fine Particulates (PM-2.5) 24-Hour > 35 g/m3 (F) 3/353 3/346 1/355 9/364 Max. 24-Hr. Conc. ( g/m3) 54.1 36.1 41.4 54.4
S - State Standard
F Federal Standard
Source: South Coast AQMD Air Monitoring Station Data Summary, Anaheim Station (3176) Air Emission Thresholds
The SCAQMD has developed significance thresholds based on the volume of pollution emitted rather than actual ambient air quality because the direct air quality impact of a project is not quantifiable on a regional scale. The SCAQMD California Environmental Quality Act (CEQA) Handbook states that any project in the South Coast Air Basin with daily emissions that exceed any of the identified significance thresholds should be considered as having an individually and cumulatively significant air quality impact. For the purposes of this air quality impact analysis, a regional air quality impact would be considered significant if emissions exceed the SCAQMD significance thresholds identified in Table 3.
Our Lady of Guadalupe Senior Residential Project Page 33 Mitigated Negative Declaration July 24, 2023
Table 3
SCAQMD Daily Emissions Thresholds of Significance
Source: SCAQMD CEQA Air Quality Handbook, November, 1993 Rev.
Additional Indicators
f they cause clean air standards to be violated where
sting violation of standards. Any
substantial emissions of air contaminants for which there is no safe exposure, or nuisance emissions such as dust or odors, would also be considered a significant impact.
Appendix G of the California CEQA Guidelines offers the following four tests of air quality impact significance. A project would have a potentially significant impact if it:
Conflicts with or obstructs implementation of the applicable air quality plan.
Results in a cumulatively considerable net increase of any criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard.
Exposes sensitive receptors to substantial pollutant concentrations.
Creates objectionable odors affecting a substantial number of people.
Short-Term Construction Impacts
Construction activities to develop the project would generate air emissions, toxic air contaminant emissions, and odors during construction. The project construction activities include the demolition of the existing residence, buildings, and other site improvements, grading of the site, construction of the residential units, trenching for underground utilities, street paving, painting the houses, construction of block walls and other required site improvements.
CalEEMod was developed by the SCAQMD to provide a model to calculate construction emissions and operational emissions for a variety of land use projects. It calculates both the daily maximum and annual average emissions for criteria pollutants as well as total or annual greenhouse gas (GHG) emissions. Although exhaust emissions would result from the operation of on- and off-site motorized equipment, the exact types and numbers of equipment would vary among contractors such that emissions cannot be quantified with certainty. Project construction emissions were estimated by using CalEEMod2020.4.0 computer model to identify the maximum daily emissions for each pollutant during Pollutant Construction Operations
ROG 75 55
NOx 100 55
CO 550 550
PM-10 150 150
PM-2.5 55 55
SOx 150 150
Lead 3 3
Our Lady of Guadalupe Senior Residential Project Page 34 Mitigated Negative Declaration July 24, 2023
project construction based on the type and number of pieces of construction equipment necessary to develop the project and the estimated time to construct the project. The estimated construction fleet to develop the project is shown in Table 4.
Table 4
Construction Activity Equipment Fleet
Phase Name and Duration Equipment
Demolition (10 days) 1 Concrete Saw
1 Dozer
2 Loader/Backhoes
Grading (4 days) 1 Grader
1 Dozer
1 Loader/Backhoe
Construction (100 days) 1 Crane
2 Loader/Backhoes
2 Forklifts
Paving (5 days)
1 Paver
4 Mixers
1 Loader/Backhoe
1 Roller
Referencing the construction equipment fleet and durations shown in Table 4, the worst-case daily construction emissions were calculated by CalEEMod2020.4.0 and are shown in Table 5.
Table 5
Construction Activity Emissions Maximum Daily Emissions (pounds/day) Maximal Construction
Emissions ROG NOx CO SO2 PM-10 PM-2.5
2024 Unmitigated 17.1 9.7 7.7 0.0 5.8 3.0
Mitigated 17.1 9.7 7.7 0.0 2.9 1.5
SCAQMD Thresholds 75 100 550 150 150 55
As shown in Table 5, peak daily construction activity emissions are estimated to be below SCAQMD CEQA thresholds without the need for mitigation measures. The only mitigation measure that was included in the CalEEMod2020.4.0 air model program was watering exposed dirt surfaces three times a day to minimize the generation of fugitive dust during grading activities.
Construction equipment exhaust emissions contain carcinogenic compounds within the diesel exhaust particulates. The toxicity of diesel exhaust is evaluated relative to a 24-hour per day, 365 days per year, 70-year lifetime exposure. The SCAQMD does not generally require the analysis of constructionrelated diesel emissions relative to health risk due to the short period for which the majority of diesel exhaust would occur. Health risk analyses are typically assessed over a 9-, 30-, or 70-year timeframe and not over a brief construction period due to the lack of health risk associated with a brief exposure.
Our Lady of Guadalupe Senior Residential Project Page 35 Mitigated Negative Declaration July 24, 2023
Localized Significance Thresholds
SCAQMD developed analysis parameters to evaluate ambient air quality on a local level in addition to the more regional emissions-based thresholds of significance. These analysis elements are called Localized Significance Thresholds (LSTs). LSTs were developed in response to Governing B Environmental Justice Enhancement Initiative 1-4 and the LST methodology was provisionally adopted in October 2003 and formally approved
For the project, the primary source of a possible LST impact would be during project construction and not the operation of the project. LSTs are applicable for a sensitive receptor where it is possible that an individual could remain for 24 hours such as a residence, hospital or convalescent facility, which in this case the existing residents adjacent to the project are considered sensitive receptors.
LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOx), carbon monoxide (CO), and particulate matter (PM-10 and PM-2.5). LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard, and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor.
LST screening tables are available for 25, 50, 100, 200 and 500-meter source-receptor distances. For the proposed project the nearest sensitive receptors are the residences adjacent to and south and west of the project and therefore, the most conservative 25-meter distance was modeled.
The SCAQMD has issued guidance on applying CalEEMod to LSTs. LST pollutant screening level concentration data is currently published for various size sites and varying distances. For this project, the most stringent thresholds for a 1-acre site were applied. Table 6 shows the estimated LST emissions and thresholds.
Table 6
LST and Project Emissions (pounds/day)
LST 1 acre/25 meters
N. Coastal Orange County CO NOx PM-10 PM-2.5
LST Threshold 647 92 4 3
Max On-Site Emissions
Unmitigated 8 10 6 3
Mitigated 8 10 3 2
The project LSTs were compared to the maximum daily construction activities. As shown in Table 6, with active dust suppression measures the project construction emissions are less than significant and would meet the LST construction thresholds. Although project construction activities are not calculated to generate dust emissions that would exceed SCAQMD thresholds, minimizing construction emissions through enhanced dust control measures is recommended because the project is located in the SCAB and non-attainment for PM-2.5. The following measure is recommended to minimize PM-2.5 dust emissions during project grading and construction:
Mitigation Measure No. 1 The project contractor shall implement the following dust control measure throughout project demolition, grading and construction:
Exposed surfaces shall be watered a minimum of 3 times/day.
Our Lady of Guadalupe Senior Residential Project Page 36 Mitigated Negative Declaration July 24, 2023
Similarly, construction ozone precursor emissions (ROG and NOx) are calculated to be below SCAQMD thresholds as shown in Table 5. However, because of the regional non-attainment for photochemical smog, the use of reasonably available control measures for diesel exhaust is recommended. The following measure is recommended to minimize ROG and NOx emissions during project construction:
Mitigation Measure No. 2 The project contractor shall implement the following measures throughout project demolition, grading and construction:
Apply soil stabilizers or moisten inactive areas.
Cover all stock piles with tarps at the end of each day or as needed.
Provide water spray during loading and unloading of earthen materials.
Minimize in-out traffic from construction zone.
Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain at least two feet of freeboard.
Sweep streets daily if visible soil material is carried out from the construction site.
Long-Term Operational Emissions
Operational emissions were calculated using CalEEMod2020.4.0. In addition to mobile source emissions from motor vehicles, residential development generates smaller amo emissions that are generated from on-site energy consumption and off-site electrical generation. These energy emission sources represent a minimal percentage of the total project NOx and CO emissions along with a few percent of other emissions. The inclusion of such emissions adds negligibly to the total project emissions as shown in Table 7.
Table 7
Daily Operational Impacts
Operational Emissions (lbs./day)
Source ROG NOx CO SO2 PM-10 PM-2.5
Area* 0.4 0.5 2.6 0.0 0.0 0.0
Energy 0.0 0.1 0.0 0.0 0.0 0.0
Mobile 0.3 0.2 2.6 0.0 0.7 0.2
Total 0.7 0.8 5.2 0.0 0.7 0.2
SCAQMD Threshold 55 55 550 150 150 55
Exceeds Threshold? No No No No No No
*Assumes the use of gas hearths, if any (no wood burning) Source: CalEEMod Output in Appendix A.
As shown in Table 7, the project would not generate any operational air emissions that exceed their respective SCAQMD significance thresholds. Therefore, the operational emissions of the project are less than significant.
Our Lady of Guadalupe Senior Residential Project Page 37 Mitigated Negative Declaration July 24, 2023
The residences south, west, and north of the project are considered sensitive land uses. Because the project would not generate any air emissions that exceed adopted emission thresholds, the adjacent residents would not be exposed to substantial pollutant concentrations. Therefore, the project would not significantly impact any sensitive receptors.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? No Impact. The proposed residential project, like other similar multi-family residential projects in the City of Fountain Valley, would not generate any odors and impact existing adjacent residents. The project would not generate any objectionable odors that would impact any area sensitive receptors.
IV. BIOLOGICAL RESOURCES: Would the project:
a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Potentially Significant Unless Mitigation Incorporated. The project site is developed with the existing Our Lady of Guadalupe senior care facility, parking lot, patio area, community garden for the residents and other site improvements. The habitat on the site includes introduced urban landscaping including trees, shrubs, turf, ground cover, flowers, etc. The existing trees on the site could provide nesting sites for some bird species. Project construction could impact nesting birds if present. None of the trees are a candidate for a sensitive or special status plant species.
The following measure is recommended to mitigate potential impacts to nesting birds.
Mitigation Measure No. 3 Nesting Birds
All necessary clearing and removal of vegetation for project construction shall be conducted outside of the typical nesting season for birds (February 15 through September 1).
If any construction activities are scheduled to occur during the nesting bird season (February 15 through September 1), a qualified biologists shall conduct a survey to determine whether there are any active bird nests within the on-site trees.
The nesting bird survey shall occur no more than 7-days prior to the start of construction and include a search for nesting birds within the project site.
If any active nests are observed, they shall either be avoided until after all young have fledged from the nest, or an alternative as determined by a biologist to ensure against negative impacts to nesting birds.
The implementation of the above mitigation measures would reduce potential nesting bird impacts to less than significant.
b) Have substantial adverse impact on any riparian habitat or other natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and
Our Lady of Guadalupe Senior Residential Project Page 38 Mitigated Negative Declaration July 24, 2023
Wildlife or the U.S. Fish and Wildlife Service? No Impact. The site is disturbed and developed with the Our Lady of Guadalupe that is a 62 plus senior apartment building with 62 studio and 1-bedroom senior apartments and three stories in height. There is no riparian habitat or other natural communities either on or adjacent to the site. The project would not impact any riparian or other natural communities.
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filing, hydrological interruption, or other means? No Impact. Please see sectio V e of this MND. 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? No Impact. The project is in an urbanized area with residential and commercial development adjacent to and surrounding the project site. There is a 5 foot block wall along the south and west project boundary and a 5 foot block wall and shrub fence along the north project boundary. The project site is surrounding with residential and commercial development and there are no open spaces areas adjacent to the site that could serve as a wildlife corridor. Because the project is surrounded with residential and commercial development and there is no habitat on the site that could serve as a migratory wildlife corridor the project would not impact or impede any wildlife corridors or migratory wildlife species.
e) Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact. There are trees on the site that would be removed to develop the site. The city does not have any local policies or ordinances that protect the existing trees on the site. The removal of the existing on-site trees would not conflict with any local policies or ordinances that protect the existing trees on the property from being removed. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The City of Fountain Valley is not located within an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.
The project would not conflict with or impact a conservations plan.
V. CULTURAL RESOURCES: Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? No Impact. The project site has be graded and disturbed associated with the grading and construction of the existing Our Lady of Guadalupe senior low-income apartment building on the site.
There are no existing buildings on the project site that would be demolished to allow for the construction of the proposed 29 unit, two-story building. Therefore, the project would not impact any historical resources.
b) Cause a substantial adverse change in the significance of a unique archaeological resource as defined in §15064.5? Potentially Significant Unless Mitigation Incorporated. As discussed in secti of this MND, the area of the project site that is proposed for construction has been disturbed and graded for the construction of the existing Our Lady of Guadalupe senior low-income apartment building. Any archaeological resources that may have been present were likely disturbed during previous grading and construction activities.
Our Lady of Guadalupe Senior Residential Project Page 39 Mitigated Negative Declaration July 24, 2023
The project applicant contacted the South Central Coastal Information Center requesting a records search of the property to determine if any site surveys have been conducted on the property in the past.
Based on the records search, no previous studies have been conducted for the property.5 While there
are currently no recorded archaeological sites within the project area, buried resources could potentially be unearthed during project activities. Therefore, the following mitigation measure is recommended to reduce potential cultural resource impacts to less than significant.
Mitigation Measure No. 4 The project developer shall retain a qualified professional archaeologist who meets U.S. Secretary of the Interi ssional Qualifications and Standards, to conduct an Archaeological Sensitivity Training for construction personnel prior to commencement of excavation activities.
The training session shall be carried out by a cultural resource professional with expertise in archaeology, who meets the U.S. Secretary of the Interio s Professional Qualifications and Standards. The training session shall include a handout and focus on how to identify archaeological resources that may be encountered during earthmoving activities and the procedures to be followed in such an event, the duties of archaeological monitors, and the general steps a qualified professional archaeologist would follow in conducting a salvage investigation if one is necessary.
Mitigation Measure No. 5 In the event that archaeological resources are unearthed during grounddisturbing activities, ground-disturbing activities shall be halted or diverted away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet shall be established around the find where construction activities shall not be allowed to continue until a qualified archaeologist has examined the newly discovered artifact(s) and has evaluated the area of the find. Work shall be allowed to continue outside of the buffer area. All archaeological resources unearthed by project construction activities shall be evaluated by a qualified professional archaeologist hired by the project developer, who meets the U.S.
Sec ional Qualifications and Standards.
Should the newly discovered artifacts be determined to be prehistoric, Native American Tribes/Individuals shall be contacted and consulted, and Native American construction monitoring shall be initiated. The City shall coordinate with the archaeologist to develop an appropriate treatment plan for the resources. The plan may include implementation of archaeological data recovery excavations to address treatment of the resource along with subsequent laboratory processing and analysis.
Mitigation Measure No. 6 The project developer s archaeological monitor, under the direction of a qualified professional archaeologist who meets the U.S. Secretary of the ional Qualifications and Standards, shall prepare a final report at the conclusion of archaeological monitoring. The report shall be submitted to the City, the South Central Costal Information Center and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures.
The report shall include a description of resources unearthed, if any, 5 South Central Coastal Information Center, Stacy St. James, letter dated March 10, 2023.
Our Lady of Guadalupe Senior Residential Project Page 40 Mitigated Negative Declaration July 24, 2023
evaluation of the resources with respect to the California Register and CEQA, and treatment of the resources.
c) Disturb any human remains, including those interred outside of formal cemeteries? No Impact.
The project site has not been used as a cemetery in the past. In addition, the site is not known to have been used for any activities that have resulted in human remains being present on the property. In the unlikely event that human remains are found during construction, those remains would require proper treatment, in accordance with applicable laws. State of California Health and Safety Code Section 7050.5-7055 describe the general provisions for human remains. Specifically, Health and Safety Code Section 705o.5 describes the requirements if any human remains are accidentally discovered during excavation of a site. As required by State law, the requirements and procedures set forth in Section 5097.98 of the California Public Resources Code would be implemented, including notification of the County Coroner, notification of the Native American Heritage Commission, and consultation with the individual identified by the Native American Heritage Commission t likely descendant. human remains are found during excavation, the excavation must stop in the vicinity of the find and in any area that is reasonably suspected to contain remains adjacent to the find, until the County Coroner has been called, the remains have been investigated, and appropriate recommendations have been made for the treatment and disposition of the remains. Following compliance with State regulations, which detail the appropriate actions necessary in the event human remains are encountered, impacts in this regard would be considered less than significant.
Compliance with Health and Safety Code Sections 7050.5-7055 and Public Resources Code Section 5097.98, related to protection of human remains would reduce potential impacts associated with future development project proposals to a less than significant level.
VI. ENERGY: Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. Information found in this section, as well as other aspects of the proje energy implications, are discussed in greater detail elsewhere in this MND, including section VIII (Greenhouse Gas Emissions) and section XVII (Transportation) of this MND.
Construction-Related Energy Consumption
Heavy-duty construction equipment associated with demolition, grading, the construction of utilities, paving, and construction of the proposed senior apartment building would include the operation of excavators, graders, tractors/loaders/backhoes, dozers, scrapers, air compressors, cranes, forklifts, generators, pumps, welders, rollers, trenchers, and pavers. Most of the equipment would likely be diesel-fueled; however, smaller equipment, such as air compressors and forklifts may be electric, gas, or natural gas-fueled. For the purposes of this assessment, it is assumed that the construction equipment would be diesel-fueled, due to the speculative nature of specifying the amounts and types of non-diesel equipment that might be used, and the difficulties in calculating the energy, which would be consumed by this non-diesel equipment.
The number of construction workers required to construct the project would vary based on the phase of construction and the activity taking place. The transportation fuel required by construction workers to travel to and from the site would depend on the total number of worker trips estimated for the duration of construction activity. Based on the latest information, a 2007 study by the California Department of Transportation (Caltrans) estimates the statewide average fuel economy for all vehicle types
Our Lady of Guadalupe Senior Residential Project Page 41 Mitigated Negative Declaration July 24, 2023
(automobiles, trucks, and motorcycles) in the year 2020 is 18.78 miles per gallon.6 Assuming construction worker vehicles have an average fuel economy consistent with the Caltrans study and each construction worker commutes an average of 20 miles a day to and from the site, the maximum 20 workers on-site during each phase of the project is estimated to consume approximately 22 gallons of gasoline a day. Assuming all 20 construction workers are employed at the site for a year (52 weeks), the fuel used by construction workers commuting to the site is approximately 143 barrels (5,720 gallons) of gasoline and represents less than 0.00004 percent of the statewide transportation gasoline consumption in 2016, which is the latest year that data is available.7 Construction equipment fuels (e.g., diesel, gasoline, natural gas) would be provided by local or regional suppliers and vendors. Electricity would be supplied by the local utility provider (e.g., Southern California Edison) via existing connections. A temporary water supply, primarily for fugitive dust suppression and street sweeping, would also be supplied by the local provider (e.g., City of Fountain Valley).
Electricity used during construction to provide temporary power for lighting and electronic equipment (e.g., computers, etc.) inside temporary construction trailers and for outdoor lighting when necessary for general construction activity would generally not result in a substantial increase in on-site electricity use. Electricity use during construction would be variable depending on lighting needs and the use of electric-powered equipment and would be temporary for the duration of construction activities. Thus, electricity use during construction would generally be considered negligible.
Energy Conservation: Regulatory Compliance
The project would utilize construction contractors who must demonstrate compliance with applicable CARB regulations governing the accelerated retrofitting, repowering, or replacement of heavy-duty diesel on- and off-road equipment. CARB has adopted an Airborne Toxic Control Measure to limit heavy-duty diesel motor vehicle idling to reduce public exposure to diesel particulate matter and other Toxic Air Contaminants (TACs). Compliance with the above anti-idling and emissions regulations would result in a more efficient use of construction-related energy and minimize or eliminate wasteful and unnecessary consumption of energy.
With respect to solid waste, CALGreen requires 65% of most construction and demolition waste be diverted from a landfill.8
The project would generate various types of debris during project construction that would be recycled in compliance with CALGreen.
Republic Services is the current contract solid waste hauler for the City of Fountain Valley and would serve the project. The solid waste that is collected in Fountain Valley is taken to a Materials Recovery Facility (MRF) in Huntington Beach. All recyclables are recovered and the remaining solid waste is taken to the Frank R. Bowerman Landfill. The City of Fountain Valley adopted a Source Reduction and Recycling Element (SRRE) in 1992 that outlines the ommitment to a 25% solid waste reduction by 1995 and a 50% reduction by 2000. The solid waste generated by the project would be recycled and the materials that cannot be recycled would be hauled to the Frank R. Bowerman Landfill. The e hauler would actively recycle the solid waste generated by the project to reduce the amount of material that is hauled to the Frank R. Bowerman Landfill. The project would not have a significant solid waste impact on the capacity of the Frank R. Bowerman Landfill. 6 2007 California Motor Vehicle Stock, Travel and Fuel Forecast, California Department of Transportation, Table 1, (2008). 7California 2015 Transportation gasoline consumption 348,830 thousand barrels; https://www.eia.gov/state/seds/sep_fuel/html/pdf/fuel_mg.pdf 8 CALGreen, 2019, Section 4.408.1.
Our Lady of Guadalupe Senior Residential Project Page 42 Mitigated Negative Declaration July 24, 2023
Anticipated Energy Consumption
The daily operation of the project would generate a demand for electricity, natural gas, and water supply, as well as generating wastewater requiring conveyance, treatment, and disposal off-site, and solid waste requiring off-site disposal. Southern California Edison is the electrical purveyor in the City of Fountain Valley and would provide electricity to the project. The Southern California Gas Company is the natural gas purveyor in the City of Fountain Valley would provide natural gas to the project.
Energy Conservation: Regulatory Compliance
The California Energy Commission (CEC) first adopted the Energy Efficiency Standards for Residential and Nonresidential Buildings (CCR, Title 24, Part 6) in 1978 in response to a legislative mandate to reduce energy consumption in the state. Part 11 of the Title 24 Building Standards Code is referred to as CALGreen improve public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a positive environmental impact and encouraging sustainable construction practices in the following categories: (1) Planning and design; (2) Energy efficiency; (3) Water efficiency and conservation; (4) Material conservation and resource efficiency; and (5) Environmental qualit 9 As of January 1, 2011,
CALGreen is mandatory for the construction of all new buildings in the state. CALGreen establishes mandatory measures for new residential and non-residential buildings. Such mandatory measures include energy efficiency, water conservation, material conservation, planning and design and overall environmental quality.10 CALGreen was recently updated to include new mandatory measures for residential as well as nonresidential uses; the new 2022 California Green Building Standards Code, Title 24, Part 11. The project would be required by the City to comply with the applicable provisions of Title 24 and CALGreen.
With respect to solid waste, the project is required to comply with applicable regulations, including those pertaining to waste reduction and recycling as required by the City of Fountain Valley Source Reduction and Recycling Element and the State of California. Waste haulers serving the project would divert project-generated municipal waste in accordance with applicable city ordinances.
Energy Conservation: Project Design Features
The project would be designed to include green building, energy saving, and water saving measures and other sustainability features. Consistent with the CALGreen, the project would be required to meet and comply with the residential mandatory measures that include water efficiency and conservation, material conservation and resource efficiency, environmental quality, etc. As such, the project would be designed to reduce wasteful, inefficient, and unnecessary consumption of energy.
Estimated Energy Consumption
The long-term operation of the project would result in transportation energy use primarily for residents that commute to and from their place of employment. Transportation fuels, primarily gasoline, would be provided by local or regional suppliers and vendors. As discussed previously, in 2019, California consumed a total of 360,237 thousand barrels of gasoline for transportation, which is part of the total annual consumption nationwide of 3,397,909 thousand barrels by the transportation sector.11 Project- 9 California Building Standards Commission, California Green Building Standards Code, (2022). 10 Ibid. 11 U.S. Energy Information Administration, Table F3: Motor Gasoline Consumption, Price, and Expenditure Estimates, 2019, https://www.eia.gov/state/seds/sep_fuel/html/pdf/fuel_mg.pdf.
Our Lady of Guadalupe Senior Residential Project Page 43 Mitigated Negative Declaration July 24, 2023
related vehicles would require a fraction of a percent of the tot ation fuel consumption.
A 2008 study by Caltrans determined that the statewide average fuel economy for all gasoline and diesel powered automobiles in 2020 would be 22.74 miles per gallon.12 The projec er vehicle miles traveled (VMT) is estimated to be 359,890 miles per year.13 With an average fuel economy of 22.74 miles per gallon, the project residents would consume approximately 14,895 gallons (354 barrels14) of fuel a year associated with passenger cars. The project would consume less than 0.004% of the statewide annual gasoline consumption.
Alternative-Fueled Vehicles
Alternative-fueled, electric, and hybrid vehicles could be used by some project residents. The use of these types of alternative fueled vehicles would reduce the overall consumption of gasoline by the project. The effect is anticipated to be minimal in current vehicle market due to the relatively few alternative vehicles that are in use. According to the Los Angeles Times, alternative-fueled vehicles make up approximately 2.3% of all vehicles registered in California.15 The above transportation fuel estimates for the project do not account for alternative-fueled, electric, and hybrid vehicles, which are more energy efficient vehicles. Thus, the assessment is a conservative estimate of transportation fuel consumption. The project would not have any wasteful, inefficient, or unnecessary consumption of energy resources during either project construction of the life of the project because the project would be required to comply with all applicable state energy conservation measures. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. The project would be required by the city to comply with all applicable CALGreen and Title 24 state energy requirements to minimize energy consumption. Therefore, the project would not conflict with or obstruct a state or local energy plan. The project would not significantly impact an energy plan.
VII. GEOLOGY AND SOILS: Would the project:
a) Director or indirectly cause substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) Less Than Significant Impact. A geotechnical report16 was prepared for the project. A copy of the report is included in Appendix B.
The project site is not located within a state-identified Earthquake Fault Zone of Required Investigation.17 No active or potentially active faults are known to pass directly beneath the site.
The closest active fault is the Newport-Inglewood system that is located approximately 3.0 miles 12 California Department of Transportation, 2008 California Motor Vehicle Stock, Travel and Fuel Forecast (June 2009). 13 32 VMT/day times 365 days times 1 driver/dwelling unit times 29 dwelling units = 338,720 miles/year. 14 42 gallons/barrel 15 Los Angeles Times, Electric, hybrid car sales up, California auto emissions down, May 22, 2014, http://www.latimes.com/business/autos/la-fi-hy-electric-vehicle-sales-up-auto-emissions-down-20140521- story.html. Accessed August 2014. 16 Preliminary Geotechnical Interpretive Report, Proposed Guadalupe Manor, 17103 Magnolia, Fountain Valley, California, CW Soils, June 28, 2023. 17 Ibid, page 4.
Our Lady of Guadalupe Senior Residential Project Page 44 Mitigated Negative Declaration July 24, 2023
(4.8 kilometers) northeast of the project site. The potential hazard of ground surface rupture at the site is considered to be unlikely.18 Although the potential hazard of ground surface rupture at the site is considered unlikely, the site is located in the seismically active Southern California region and could be subject to moderate to strong ground shaking in the event of an earthquake on one of the many active faults in Southern California. While there are faults in the region that could generate moderate to significant ground shaking at the site, the incorporation of the recommendations in the soils report regarding seismic design and the construction of the proposed residential dwelling units in compliance with the 2022 California Building Codes (CBC) and other site improvements would reduce potential fault impacts to less than significant. ii. Strong seismic ground shaking? Less Than Significant Impact. Because the project site is in Southern California and a seismically active area, there is the potential for strong ground motion at the site. As with all projects in the City of Fountain Valley, the design and construction of the proposed residential dwelling units and all site improvement must comply with the current California Building Code (2022 CBC) and would reduce potential strong ground shaking impacts to less than significant.
iii. Seismic-related ground failure, including liquefaction? Less Than Significant Impact.
Liquefaction is a phenomenon when loose, saturated, relatively cohesionless soil deposits lose their shear strength during strong ground motions. The primary factors controlling liquefaction include intensity and duration of ground motion, gradation characteristics of the subsurface soils, in-situ stress conditions, and the depth to groundwater. Liquefaction is typified by a loss of shear strength in the liquefied layers due to rapid increases in pore water pressure generated by earthquake accelerations.
The project site is not located in a mapped liquefaction hazard zone on the California Seismic Hazard Zone Map for Newport Beach 7.5 Minute Quadrangles (CGS, 1999). A liquefaction analysis was conducted for the site to determine if the site is subject to liquefaction. Based on the results of the liquefaction analysis, the potential for design level earthquake induced liquefaction and lateral spreading to occur beneath the proposed structure is considered very low to remove due to the recommended compacted fill and the clayey nature of the deeper onsite soils.19 Therefore, the potential for the project to be impacted by liquefaction is less than significant.
iv. Landslides? No Impact. The project site and the developed land adjacent to and surrounding the site are generally flat. There are no hills, slopes, or other topographic relief features on or adjacent to the site that would impact the project due to a landslide. The project would not generate or be impacted by a landslide.
b) Result in substantial soil erosion or loss of topsoil? Less Than Significant Impact. The City would require the grading and construction contractor to install and maintain all applicable City required short-term construction soil erosion control measures to reduce and minimize soil erosion impacts throughout project grading and construction. The contractor would be required to submit a Storm Water Pollution Prevention Plan (SWPPP) to identify all Best Management Practices (BMPs) that would be incorporated into the project prior to the start of grading and maintained to completion of all construction activities to reduce and minimize soil erosion. The City has standard soil erosion protection measures that the contractor would be required to install and maintain throughout grading and construction to minimize off-site soil erosion. The requirement by the City for the contractor to 18 I Preliminary Geotechnical Interpretive Report, Proposed Guadalupe Manor, 17103 Magnolia, Fountain Valley, California, CW Soils, June 28, 2023, page 10. 19 Ibid, page 11.
Our Lady of Guadalupe Senior Residential Project Page 45 Mitigated Negative Declaration July 24, 2023
incorporate all applicable mandated soil erosion control measures into project construction would minimize and reduce potential soil erosion impacts to less than significant. 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? Less Than Significant Impact. There are no known unstable geologic or soil conditions either on or adjacent to the site that would impact the project. There are no geologic or soil constraints that would become unstable due to the development of the project as proposed. As stated in section VII.a.iii above of this MND, the project is not located in a mapped liquefaction hazard zone. As a result, the site would not be significantly impacted by liquefaction due to the absence of groundwater close enough to the ground surface to impact the project by liquefaction. Based on the soils report, there are no existing soil or geotechnical conditions at the site that could significantly impact the project with the incorporation of the recommendations in the geotechnical report.20 d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less Than Significant Impact.
Based on laboratory tests the on-site soils have a low expansion potential.21 The project would not have any significant expansive soil impacts.
e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste water? No Impact.
The project proposes to connect to the existing on-site public sewer line as required by the City. The City would not allow the project to use an individual septic tank for wastewater disposal. The project would not have any septic tank or alternative wastewater disposal impacts. f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact. The Fountain Valley General Plan does not identify the presence of any paleontological resources in Fountain Valley. The area of the site that is proposed for development was disturbed in the past with the construction of the existing patio, parking lot, garden area and other improvements on the site. Because the site has been disturbed and paleontological resources are not known to exist in Fountain Valley, it is unlikely that paleontological resources would be uncovered during project construction. The project would not impact paleontological resources. VIII. GREENHOUSE GAS EMISSIONS: Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. Greenhous use of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as contribute to an increase in the temper osphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation in some parts of the infrared spectrum. The principal greenhouse gases (GHGs) are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. For purposes of planning and regulation, Section 15364.5 of the California Code of Regulations defines GHGs to include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. Fossil fuel consumption in the transportation sector (on-road motor vehicles, off-highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. 20 Preliminary Geotechnical Interpretive Report, Proposed Guadalupe Manor, 17103 Magnolia, Fountain Valley, California, CW Soils, June 28, 2023, page 6. 21 Ibid, page 12.
Our Lady of Guadalupe Senior Residential Project Page 46 Mitigated Negative Declaration July 24, 2023
Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions.
In response to the requirements of SB 97, the State Resources Agency developed guidelines for the treatment of GHG emissions under the California Environmental Quality Act (CEQA) Guidelines (Guidelines). These new guidelines became state laws as part of Title 14 of the California Code of Regulations in March, 2010. Based on the Guidelines, a project would have a potentially significant impact if it:
Generates GHG emissions, directly or indirectly, that may have a significant impact on the environment, or;
Conflicts with an applicable plan, policy or regulation adopted to reduce GHG emissions.
Section 15064.4 of the Guidelines specifies how significance of GHG emissions is to be evaluated.
Emissions may be quantitative, qualitative or based on performance standards. The Guidelines allow the lead agen select the model or methodology it considers most appropriat common practice for transportation/combustion GHG emissions quantification is to use a computer model such as CalEEMod, which was used for this project.
In September 2010, the SCAQMD CEQA Significance Thresholds GHG Working Group released revisions that recommended a threshold of 3,000 MT CO2e for all land use projects. This 3,000 MT/year recommendation has been used as a guideline for the GHG analysis for this project. In the absence of an adopted numerical threshold of significance, project related GHG emissions in excess of the guideline level are presumed to trigger a requirement for enhanced GHG reduction at the project level.
Construction Activity GHG Emissions
For the GHG analysis, the project is assumed to be constructed within approximately one year. During project construction, the CalEEMod2020.4.0 computer model predicts that the construction activities would generate the annual CO2e emissions shown in Table 8.
Table 8
Construction Emissions (Metric Tons CO2e)
CO2e
Year 2024 224.3
Amortized 7.5
The SCAQMD policy is to amortize construction GHG emissions over a 30-year lifetime. As shown in Table 9, the amortized construction emission level is 7.5 metric tons CO2e. The GHG impacts from project construction are less than significant.
Project Operational GHG Emissions
The total operational and annualized construction emissions for the proposed project are shown in Table 9. As shown, the total project GHG emissions are below the SCAQMD recommended significance threshold of 3,000 MT. The operations of the project would not result in the generation of a significant level of greenhouse gases.
Our Lady of Guadalupe Senior Residential Project Page 47 Mitigated Negative Declaration July 24, 2023
Table 9
Proposed Operational Emissions
Consumption Source
Area Sources 3.5
Energy Utilization 40.1
Mobile Source 154.3
Solid Waste Generation 8.9
Water Consumption 4.8
Construction 7.5
Total 219.1
Guideline Threshold 3,000
Exceeds Threshold? No
Consistency with GHG Plans, Programs and Policies
The City of Fountain Valley does not have an adopted Greenhouse Gas Reduction Plan. Therefore, the applicable GHG planning document is AB-32. As discussed above and shown in Table 9 above, the project is estimated to generate approximately 219.1 MTCO2e per year and below the SCAQMD threshold of 3,000 MTCO2e per year for all land use types. The project complies with the reduction goals of AB-32. The project would not have any significant GHG impact. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? No Impact. As discussed in sect II.a above of this MND, the project would not have a significant increase in either construction or operational GHG emissions. As a result, the project generated GHG emissions are below the recommended SCAQMD threshold of 3,000 MT/year. The project would not impact and conflict with any applicable plan, policy, or regulations to reduce GHG emissions.
IX. HAZARDS AND HAZARDOUS MATERIALS: Would the project:
a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Potentially Significant Unless Mitigation Incorporated. A Phase I Environmental Site Assessment (ESA)22 was prepared for the site. The Phase I ESA in included in Appendix C.
A review of the Environmental Protection Agency (EPA) map of Radon Zones indicates the project site is located within a Zone 3 radon area. Zone 3 is defined as an area that has a low potential for radon gas, with a predicted average indoor radon screening level less than 2.0 picoCuries per liter (pCi/L).
The EPA recommended Action Level for radon is 4.0 pCi/L.23 EBI conducted a radon screening at the property as part of the Phase I Environmental Site Assessment, including sampling and analysis in accordance with the HUD MAP Guide and conformance with HUD Office of Multifamily Development Radon Policy and ANSI/AARST MAMF (Protocol for Conducting Radon Decay Product Measurement in Multifamily Buildings). Per the referenced protocols, tests were placed in a minimum of 100% of the ground contact and 10% of upper floor apartments in each building. Ground contact areas are the areas of the existing building that are in 22 Phase I Environmental Site Assessment, Our Lady of Guadalupe, 17103 Magnolia Street, Fountain Valley, CA, November 7, 2022, EBI Consulting.
23 Ibid, pages 32-33.
Our Lady of Guadalupe Senior Residential Project Page 48 Mitigated Negative Declaration July 24, 2023
direct contact with the ground and in this case every area of the building that has direct ground contact was tested. The sampling was conducted and supervised by Radon Professionals.
Between October 28 and 31, 2022, EBI conducted a limited short-term radon screening of the project site by testing 28 residential and 3 non residential areas. The radon test canisters were exposed for a minimum of 48 hours and were sent to Air Chek, Inc. in Mills River, North Carolina for analysis. Based on the analytical lab results, the measured levels ranged from less than 0.3 up to 1.0 pCi/L and below the EPA action level of 4.0 pCi/L.24 The quality assurance plan for the project was in control. No additional action is recommended.
Per HUD MAP Guide, 9.6.3.5., newly constructed buildings in all radon zones are required to incorporate radon-resistant construction features and follow all requirements referenced in ANSIAARST CC-1000-2018, Soil Gas Control Systems in New Construction of Buildings. The following measure is recommended to ensure the project meets and complies with all applicable laws and regulations pertaining to the project site being in Radon Zone 3 Mitigation Measure No. 7 During project construction, all radon resistant construction must be completed under the direct supervision of a Radon Professional.
Mitigation Measure No. 8 Following the completion of construction, radon testing is required in accordance with ANSI/AARST MAMF (Protocol for Conducting Radon Decay Product Measurement in Multifamily Buildings). If postconstruction test results are above the threshold .0 pCi/L), a retrofit of the mitigation systems or conversion from passive to fan-powered mitigation systems shall be required followed by post-mitigation testing (to confirm the systems are functioning correctly and radon concentrations have been reduced to below the EPA action level). All testing and mitigation required as a result of this testing must be performed by, or under the direct supervision of a Radon Professional.
The Phase I ESA did not identify any hazardous materials on or adjacent to the site. Therefore, based on the results of the site reconnaissance and records search the project would not have any significant hazardous impacts associated with any hazardous materials with the implementation of the recommended mitigation measures.
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? Less Than Significant Impact. There are no uses or activities associated with the proposed project as discussed above of this MND that would create or release hazardous materials into the environment. The project would not have any significant hazard impacts to the public or environment involving the release of a hazardous material. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Less Than Significant Impact.
The closest school to the project is Hisamatsu Tamura Elementary School that is located at 17340 Santa Suzanne Street and approximately a quarter mile southwest of the project. 24 Phase I Environmental Site Assessment, Our Lady of Guadalupe, 17103 Magnolia Street, Fountain Valley, CA, November 7, 2022, EBI Consulting, page 33.
Our Lady of Guadalupe Senior Residential Project Page 49 Mitigated Negative Declaration July 24, 2023
Hazardous materials such as diesel fuel, lubricants, and paint would be stored and used at the site during project construction. The hazardous materials that would be used and stored during project construction are required by law to be stored and locked in a safe area. The project contractor is responsible for the safe use and storage of all hazardous materials during construction. The use and storage of hazardous materials in compliance with all applicable state and local laws and regulations during project construction would reduce potential hazardous emission impacts to less than significant.
Once constructed, project residents would use typical household cleaning materials to clean and maintain their residence. The use and storage of standard household cleaning and janitorial materials would not have any hazardous impacts greater than the use of household cleaning materials by any other residential development within 1,600 feet of Hisamatsu Tamura Elementary School.
There are no activities associated with the construction or throughout the life-time of the project that would significantly impact the educational operations at the Hisamatsu Tamura Elementary School. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or environment? No Impact. Based on the Phase I ESA the project site is not listed as a hazar 62.5.25 The
project would not have a hazardous impact to the public or environment per Government Code Section 65962.5.
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, would the project result in a safety hazard or excessive noise for people working or residing in the project area? No Impact. The closest airport to the project is John Wayne Airport, which is a public use, general aviation airport and located approximately 6 miles southeast of the project. There are not activities associated with the project that would result in any safety hazards to the ongoing operations at John Wayne Airport. The project would also not expose future project residents to any safety impacts or noise impacts associated with the operation of John Wayne Airport. The project would not have any airport safety hazard impacts. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. The proposed project improvements are located on private property. Magnolia Street that is adjacent to and east of the project site, is used as an emergency evacuation route for the project site and the immediate Fountain Valley community.
The project would not significantly interfere with or impact the ability of Magnolia Street to continue to serve as an emergency evacuation route for the City. An existing emergency access gate with the shopping center adjacent to and north of the project site would provide emergency ingress/egress for the project. The project would not significantly impact any emergency evacuation routes in the City. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? No Impact. There are no designated wildland fire areas in Fountain Valley. See section XX Wildfire of this MND for further wildland fire analysis. The project would not be exposed to or be impacted by a wildland fire.
25 Phase I Environmental Site Assessment, Our Lady of Guadalupe, 17103 Magnolia Street, Fountain Valley, CA, November 7, 2022, EBI Consulting, page 15.
Our Lady of Guadalupe Senior Residential Project Page 50 Mitigated Negative Declaration July 24, 2023
X. HYDROLOGY AND WATER QUALITY: Would the project:
a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact. A hydrology report26 was prepared and included in Appendix D. A Water Quality Management Plan27 was also prepared for the project and is included in Appendix D.
During grading and project construction, silt could be generated from the site, especially if construction occurs during the winter months when rainfall typically occurs. The City would require the project contractor to prepare a Storm Water Pollution Prevention Plan (SWPPP) in accordance with California State Water Resources Control Board (State Water Board), Construction General Permit Order R8- 2009-0030, National Pollutant Discharge Elimination System (NPDES) General Permit No. CAS618030 (Permit). The SWPPP would require the contractor to implement Best Available Technology Economically Achievable measures to reduce and eliminate storm water pollution from all construction activity through the implementation of Best Management Practices (BMPs).
The purpose of the SWPPP is to identify pollutant sources that may affect the quality of the storm water that would be discharged from the site during all construction activity. The SWPPP would require the contractor to identify, construct, and implement the storm water pollution prevention measures and BMPs that are necessary to reduce pollutants that are present in the storm water that is discharged from the site during construction. The SWPPP would include specific BMPs that must be installed and implemented prior to the start and throughout project construction. The installation and maintenance of all required BMPs by the contractor during construction would reduce potential water quality impacts to less than significant.
The project developer would be required by the State of California to have a Water Quality Management Plan (WQMP) approved by the city prior to the start of grading. The project applicant has prepared a preliminary WQMP that identifies the BMPs that would be used on-site to control the pollutants during the life of the project that are predictable by the project from entering the storm water runoff from the site. The types of pollutants that are anticipated to be generated during the life of the project include suspended solids/sediment, nutrients, heavy metals, pathogens (bacteria/virus) pesticides, oil and grease, toxic organic compounds and trash and debris. The State required WQMP identifies the measures that would be included in the project including use of a retention/detention basin, storm water clarifier, and catch basins with BMPs.
The WQMP states that the on-site surface water flows of the portion of the site proposed for the construction of the two-story building currently flows in a southerly direction within an existing v ditch and into an on-site catch basin near the southern project boundary. Water in the catch basin flows east and empties into the existing city storm drain system in Magnolia Street.
Project generated surface water flows less than a 2-year storm would be collected in V ditch drains in the paved parking areas and catch basins located throughout the site and drain to an underground Modular Wetland System (MWS) that is proposed for the landscape area and parking lot southwest of building 1. The MWS would remove trash and debris from the storm water and the biofiltration chamber would remove oil and grease that is typically generated from parking areas. Water from the MWS would then flow south to an existing catch basin near the southern property line and then east to an existing underground storm drain system in Magnolia Street. Stormwater in the storm drain system in Magnolia Street flows south to Reach 1 of the Santa Ana River and eventually empties in the Pacific Ocean that is approximately 5.5 miles south of the site. Stormwater flows greater than a 2-year storm 26 Hydrology Report for Guadalupe Manor, 17103 Magnolia Street, Fountain Valley, Ca, Waber Consultants, Inc., July 2022. 27 Water Quality Management Plan, 17103 Magnolia Street, Fountain Valley, California, Waber Consultants, Inc., October 2022.
Our Lady of Guadalupe Senior Residential Project Page 51 Mitigated Negative Declaration July 24, 2023
would, like existing conditions, be discharged directly to the existing catch basin near the southern project boundary and drain into the existing storm drain system in Magnolia Street east of the site.
The city would review and approve the WQMP for compliance with State law prior to the issuance of building permits for the residential units. The installation of and the regular maintenance of a required SWPPP and WQMP would reduce storm water runoff pollutants generated from the project site during both project construction and the life of the project to less than significant. b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin.
Less Than Significant Impact. The project would be required by the city to use water for dust suppression during project grading and construction. The amount of water that would be required to control dust during grading and construction would be minimal due to the small size of the area that is proposed for actual construction (0.68-acres) and would not significantly impact existing groundwater supplies.
Currently, approximately 40% (0.32-acres) of the area of the 0.80-acre site that is proposed for development is impervious associated with the existing driveway, parking lot and patio area.
Approximately 60% (0.48-acres) of the site is pervious associated with the landscaping and garden area. Upon completion of the project, approximately 83% (0.57-acres) of the site would be impervious associated with the proposed building and expanded parking lot and 17% (0.11-acres) of the site would be pervious associated with landscaping. Although the project would increase the amount of impervious area on the site compared to the existing condition, the remaining pervious area would continue to allow rainfall percolation into the local groundwater.
Based on the hydrology report, the surface water runoff from the project site under existing conditions for a 100-year storm event is calculated to be 3.31 cubic feet per second (cfs) compared to 3.29 cfs after the project is constructed, a decrease of 0.02 cfs. For a 25-year storm event the project the storm water flow would not change from the existing condition and estimated to be 2.50 cfs. For a 2-year storm event the project storm water flow would increase by 0.02 cfs from 1.22 cfs to 1.24 cfs.
The on-site rainfall infiltration rate was conducted at depths of 4 feet and 5 feet, with a measured infiltration rate of 0.19 inches/hour. Therefore, based on the infiltration test on-site infiltration is not feasible.28 As a result, most of the rainfall that historically has fallen on the site surface flows off the site into the local storm drain system with minimal on-percolation into the local groundwater.
While the project would reduce the amount of rainfall that currently percolates into the local groundwater by approximately 0.02 cfs for a 100-year storm event, the reduction in the amount of rainfall that would percolate into the local groundwater would not significantly decrease groundwater supplies or interfere substantially with groundwater recharge and significantly impact sustainable groundwater management of the groundwater basin.
The city receives its water supply from local wells and has stated that it has adequate capacity to meet the water supply needs of the project, including potable water for drinking, landscape irrigation and fire flow. The project would not significantly deplete groundwater supplies or cause a drop in production rates of wells due to the decrease in on-site surface water percolation. The project would have a less than significant impact on groundwater supplies. 28 Water Quality Management Plan, 17103 Magnolia Street, Fountain Valley, California, Waber Consultants, Inc., October 2022 , page 5.
Our Lady of Guadalupe Senior Residential Project Page 52 Mitigated Negative Declaration July 24, 2023
c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner, which would:
i. Result in substantial erosion or siltation on or off site? Less Than Significant Impact. The project site is relatively flat. The existing on-site elevations range from a low of approximately
28.94 feet above mean sea level (msl) in the southwest corner of the site to a high of approximately 30.24 in the northwest corner of the site. Surface water runoff on the project site generally sheet flows southerly across the site to a catch basin near the southern project boundary. The existing drainage patterns on the site would be retained and all developed flows would continue to drain east and discharge into the existing storm drain system in Magnolia Street. Low flows on the site would be collected and discharged into a sub-surface MWS biofiltration system in the landscape area and adjacent parking lot southwest of the proposed building. The surface water would be treated in the MWS and flow into the existing catch basin near the southern project boundary and flow east to Magnolia Street to the east. On-site surface water flows greater than first-flush would flow south to the curb and gutter along the southern project boundary and flow directly into Magnolia Street to the east and ultimately discharged into the Pacific Ocean approximately five and a half miles south of site. The project would generate less runoff than the current condition for a 100-year storm even as shown in Table 10.
Table 10
Estimated Project Runoff
Storm Event Existing Condition Proposed Condition
2-Year 1.22 cfs* 1.24 cfs
25-Year 2.50 cfs 2.50 cfs
100-Year 3.31 cfs 3.29 cfs
*cubic feet/second
Although the project would increase surface water runoff for a 2-year storm event by approximately 0.02 cfs, the increase would be insignificant. For the 25-year and 100-year storm events, the project would either not change the developed surface water flow from the existing condition or decrease the current surface water flow by approximately 0.02 cfs. As a result, the project stormwater runoff would not alter the course of any downstream streams or river or cause substantial erosion or siltation downstream of the site. The project would have a less than significant erosion or siltation impact on or off the site. ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off site? Less Than Significant Impact. As discussed in s X.b and shown in Table 10 above of this MND, the project would increase the amount of surface water runoff generated from the site by 0.02 cfs for a 2-year storm, remain the same for a 25-year storm and decrease flows by 0.02 cfs for a 100-year storm. The project would not significantly change the existing flows on the site and cause flooding either on or off the site. The existing storm drain system in Magnolia Street has capacity to handle the stormwater flows from the project without causing any flooding downstream of the site. As a result, the project would not have any significant on- or off-site flooding impacts.
iii. Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. Based on Table 10 above of this MND, the storm water runoff by
Our Lady of Guadalupe Senior Residential Project Page 53 Mitigated Negative Declaration July 24, 2023
the project compared to the existing condition would increase by 0.02 cfs for a 2-year storm event, stay the same for a 25-year storm event and decrease by 0,02 cfs for a 100-year event.
The project proposes to collect and direct all surface water low-flows to a sub-surface Modular Wetland System (MWS) that is proposed for the landscape area and parking lot southwest of building 1. The MWS would remove trash and debris from the storm water and the biofiltration chamber would remove oil and grease that is typically generated from parking areas. Water from the MWS would then flow south to an existing catch basin near the southern property line and then east to an existing storm drain system in Magnolia Street. Stormwater in the storm drain system in Magnolia Street flows south to Reach 1 of the Santa Ana River and eventually empties in the Pacific Ocean that is approximately 5.5 miles south of the site. Stormwater flows greater than a 2- year storm would, like existing conditions, be discharged directly to the existing catch basin near the southern project boundary and drain into the existing storm drain system in Magnolia Street east of the site.
The project would be required to treat surface water runoff prior to its discharge to meet Regional Water Quality Control Board water quality requirements and provide safeguards that surface water runoff would not provide sources of polluted runoff. As discussed in section X.a above of this MND, a WQMP was prepared and states that the low flows on the site would be collected and discharged into an on-site sub-surface MWS. The proposed MWS would remove and prevent most project generated pollutants from being discharge from the site into the existing off-site storm drain system in Magnolia Street. The installation and required routine maintenance of the MWS and storm drain system in compliance with the WQMP would reduce and filter most project runoff pollutants. As a result, the project would not significantly impact surface water quality. iv. Impede or redirect flood flows? Less Than Significant Impact. Please see s X.c.ii. e of this MND.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation.
No Impact. The site is approximately 3 miles west of the Santa Ana river. The project is in flood zone X and not in a 100-year flood hazard area with a reduced flood risk due to a levee.29 The project is approximately 5.5 miles north of the Pacific Ocean and approximately 28.94 feet above mean sea level at the lowest elevation on the site. The Fountain Valley General Plan does not identify any portion of the city at risk due to a tsunami. There are no water bodies adjacent to or near the site that would impact the project due to a seiche. Therefore, the project would not be exposed to a flood hazard due to a tsunami or seiche and release pollutants due to inundation by a flood hazard. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Less Than Significant Impact. The project developer has prepared a WQMP30 and would be required by the city to install and implement all proposed water quality collection and surface water runoff treatment measures listed in the WQMP. As a result, the project would not conflict with or obstruct water quality control measures mandated by the state.
The City of Fountain Valley has an adopted Urban Water Management Plan (UWMP)31. The UWMP provides a detailed summary of present and future water resources and demands and provides an 29 https://msc.fema.gov/portal/search?AddressQuery=17103%20Magnolia%20Street%20Fountain%20Valley%2C%20CA#searchresultsa nchor.
30 Water Quality Management Plan, 17103 Magnolia Street, Fountain Valley, California, Waber Consultants, Inc., October 2022 31 Fountain Valley 2020 Urban Water Management Plan, Final, June 2021.
Our Lady of Guadalupe Senior Residential Project Page 54 Mitigated Negative Declaration July 24, 2023
assessment of the City of Fountain Valley The UWMP provides water supply planning for a 20-year planning period in five-year increments and identifies water supplies needs to meet existing and future demands. The City gets its water from three main sources, recycled water from Orange County Water Dis es Project, local well water from the Lower Santa Ana River Groundwater basin, and imported water from the Colorado River and the State Water Project (SWP) provided by the Metropolitan Water District of Southern California (MET) and delivered through Municipal Water District of Orange County (MWDOC).32
The UWMP analyzed the future water demand for the city based on land use type, including singlefamily, multi-family, commercial, institutional, industrial, etc. The UWMP also analyzed its future water supply based on the reliability of its existing sources of water including groundwater, MET, recycling, etc. Based on the UWMP the available supply of water would meet the projected demand due to diversified supply and conservation measures. The project would continue to allow rainfall to percolate into approximately 17% of the pervious on-site soils. The project would not significantly impact the UWMP a future sources of water supply.
XI. LAND USE AND PLANNING: Would the project:
a) Physically divide an established community? No Impact. The project site is an infill site and surrounded by single-family detached residential homes to the west, and south, a shopping center to the north and Magnolia Street to the east. Approximately 1.3 acres (56,634 square feet) of the 2.1 acre site is developed with an existing Our Lady of Guadalupe low-income senior apartment building. The project is proposed for approximately 0.8 acres (34,869 square feet) of the site to construct a two-story building with 29 senior apartments. The project proposes to developed a vacant area of an existing site and would not physically divide an established community, but rather construct 29 senior apartments to an established residential community.
b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact. The project site is designated General Commercial by the Fountain Valley General Plan and zoned C-1 Local Business. The project applicant is requesting a General Plan Amendment to High Density Residential and a zone change to R4 High Density Multiple Residential.
The project applicant is also requesting a Conditional Use Permit to develop multi-family units in the R4 zone. FVMC section 21.08.040 restricts the density on the site to a maximum of 30 dwelling units per acre (du/ac) Therefore, the 2.1 acre site is allowed by the FVMC to be developed with up to 63 residential units. The addition of the proposed 29 low-income senior apartments along with the existing 71 units would total 100 low-income senior apartments on the site at a density of 47.6 du/ac and exceed the 30 du/ac of the Municipal Code. Therefore, the project would require a density bonus to
47.6 du/ac for the 2.1 acre site to allow the project as proposed.
General Plan Consistency
Land Use Compliance
The project site is designated General Commercial by the Fountain Valley General Plan and allows a wide range of retail and service commercial uses. However, the General Commercial land use does not allow residential development as proposed by the project. Therefore, the project applicant is requesting a General Plan Amendment to High Density Residential to allow the development of the 29 senior apartments. 32 Ibid, page ES-3.
Our Lady of Guadalupe Senior Residential Project Page 55 Mitigated Negative Declaration July 24, 2023
General Plan Goals and Policies
The Fountain Valley General Plan Land Use Element states that High Density Residential will allow for the development of multi-residential structures and other attached dwelling units up to a density of twenty dwelling units per net acre. 33
The applicable Goal and Policies of the General Plan Land Use Element that relate to residential development include:
Goal
2.1 Maintain and enhance high quality development throughout the City.
The applicable policy to obtain Goal 2.1 states:
Policy 2.1.2 Encourage variety, quality, consistency and innovation in land use practice.
The project meets the intent of Policy 2.1.2 of the Fountain Valley General Plan by proposing a residential project that is compatible with the existing residential uses and the commercial use adjacent to the project. The project proposes an architectural style and character consistent with surrounding development to create a project identity for the residents of the project and can take pride in the development.
Zoning Compliance
Land Use Compliance
The project site is zoned C-1 Local Business. The only residential land use allowed in the C-1 zone is an emergency shelter and requires a conditional use permit. Thus, the project applicant is requesting a zone change to R4 High Density Multiple Residential to allow the development of the proposed 29 low-income senior apartments, which is a permitted use in the R4 zone.
The FVMC establishes the following development standards for a project in the R4 zone. R4 development standards. Lot Area: Minimum lot area = 10,000 square feet.
Lot width: 60 feet; 65 feet for corner lots
Maximum density: 30 units per acre
Maximum number of dwelling units per parcel: 1 unit per 1,452 square feet of site area. See Section
21.08.055 for accessory dwelling unit standards.
Setbacks required:
Front: 20 feet
Sides (each): 5 feet; 10 feet corner lot
Between residential structures: 20 ft., plus 5 ft. for second story; 15 ft. between side walls and front or rear of other buildings, plus 2.5 ft. for each additional story. See Section 21.08.050(B) Second story: 2-story nonresidential or multi-family structures shall be set back 25 ft. from an existing single-family development; 3-story or taller structures shall be set back from singlefamily residential a minimum of 100 ft. 33 City of Fountain Valley General Plan, Chapter 2.0: Land Use, Page 2-4.
Our Lady of Guadalupe Senior Residential Project Page 56 Mitigated Negative Declaration July 24, 2023
Rear: 25 feet or 20% lot depth, whichever is less
Height Limit: 35 feet/3 stories
Site coverage: 40%
Minimum floor area: As required by Table 2-4
Private open space multi-family units: 100 square feet per unit with no dimension smaller than 10 feet.
Landscaping: As required by Section 21.20. (Landscaping) Parking: As required by Chapter 21.22 (Parking and Loading) The project meets all the R4 zoning regulations and development standards with the exception of density, distance between structures, minimum floor area and private open space requirement. FVMC
21.08.050 allows a density bonus and concessions of other incentives for a housing project of at least five units, provide housing units affordable to certain income households, donate land, provide housing units to transitional foster youth, disabled veterans, or homeless persons, construct a child day care facility located on the premises of, as part of, or adjacent to a qualifying density bonus project, or provide qualifying senior housing pursuant to State Government Code Section 65915 et seq. The project proposes more than five units and also proposes affordable housing for seniors, which complies with FVMC 21.08.050.
Density Bonus Law
The California Density Bonus Law (California Government Code Sections 65915-65918) encourages the development of affordable and senior housing. Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following:
At least 5% of the housing units are restricted to very low income residents.
At least 10% of the housing units are restricted to lower income residents.
At least 10% of the housing units in a for-sale common interest development are restricted to moderate income residents.
100% of the housing units (ot s units) are restricted to very low, lower and moderate income residents (with a maximum of 20% moderate).
At least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low income level.
At least 20% of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges.
The project donates at least one acre of land to the city or county for very low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing.
The project is a senior citizen housing development (no affordable units required).
The project is a mobile home park age-restricted to senior citizens (no affordable units required).
In addition to the density bonus, the city or county is also required to provide or s. A concession or incentive is
defined as:
A reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements; or
Approval of mixed use zoning; or
Our Lady of Guadalupe Senior Residential Project Page 57 Mitigated Negative Declaration July 24, 2023
Other regulatory incentives or concessions which actually result in identifiable and actual cost reductions.
The number of required incentives or concessions allowed for a project is based on the percentage of affordable units in the project as shown in Table 11 below:
Table 11
Affordable Housing Concession Allowance
No. of Incentives/Concessions Very Low Income % Lower Income % Moderate Income % 1 5% 10% 10%
2 10% 17% 20%
3 15% 24% 30%
4 100% Low/Very
Low/Mod
(20% Moderate
allowed)
100% Low/Very
Low/Mod
(20% Moderate
allowed)
100% Low/Very
Low/Mod
(20% Moderate allowed)
The city or county is required to grant the concession or incentive proposed by the developer unless it finds that the proposed concession or incentive does not result in identifiable and actual cost reductions, would cause a public health or safety problem, would cause an environmental problem, would harm historical property, or would be contrary to law. The Density Bonus Law restricts the types of information and reports that a developer may be required to provide to the local jurisdiction in order to obtain the requested incentive or concession. The local jurisdiction has the burden of proof in the event it declines to grant a requested incentive or concession. Financial incentives, fee waivers and reductions in dedication requirements may be, but are not required to be, provided by the city or county.
The developer may be entitled to the incentives and concessions even without a request for a density bonus.
The project is requesting a density bonus and three concessions. Based on Table 11, the project is allowed up to four concessions. The project applicant is requesting a density bonus and three concessions and are discussed below.
Density
The R4 zone allows a density up to 30.0 units/acre34 The project proposes 29 residential units and along with the existing 71 residential units on the site the project would total 100 residential units. The project site is 2.1 acres, thus the density for the site would be 47.6 dwelling units/acre and exceed the allowable 30 dwelling units per acre for the High Density Residential land use.
In compliance with FVMC 21.08.050(a)(2) the project applicant is requesting a density bonus to allow the development of 29 affordable residential units for seniors in the High Density Residential land use. 34 City of Fountain Valley Municipal Code, 21.08.040, Table 2-3.
Our Lady of Guadalupe Senior Residential Project Page 58 Mitigated Negative Declaration July 24, 2023
Distance Between Structures
Per FVMC 21.08.040, Table 2-3 the proposed 2-story residential building is required to be set-back
27.5 feet from the existing Our Lady of Guadalupe residential building. The project is unable to meet the required 27.5 foot distance because of an existing sewer easement that prohibits the construction of the proposed building within the easement. In addition, the required 27.5 foot setback would reduce the land available to provide the number of parking spaces required for the 29 residential units.
Therefore, because of the sewer easement restriction and the land needed to provide the required number of parking spaces for the 29 residential units the proposed setback is 20.48 feet from the existing Our Lady of Guadalupe building rather than the required 27.5 foot set-back. As a result, the project applicant is requesting a set-back variance of 20.48 feet.
The project applicant s request to reduce the required setback from 27.5 feet to 20 feet meets the definition of a concession as defined by the California Density Bonus Law.
Floor Area
FVMC 21.08.040, Table 2-3 requires a minimum floor area of 500 square feet for a studio unit and 750 square feet for a 1-bedroom unit. The project propose 378 square feet and 422 square feet for the studio units and 556 square feet for the 1-bedroom units. The project applicant is requesting a floor area variance from the square footage required in FVMC 21.08.040, Table 2-3.
As stated in the density bonus concessions above, the city is required to provide one or more ies for a density bonus, which in this case is a
request to reduce the minimum floor square footage requirement. This concession meets the definition of a concession as defined by the Density Bonus Law.
Private Open Space
FVMC 21.08.040, Table 2-3 requires 100 square feet of private open space per unit with no dimension smaller than 10 feet. Due to the size of the overall site and the existing site conditions the project applicant is unable to meet the private open space requirement of FVMC 21.08.040, Table 2-3. In order to meet the private open safe requirement the units would need to be larger, which would reduce the 29 proposed units and reduce the proposed number of parking spaces. As an allowance for a reduction in the private open space requirement, the project applicant proposes additional outdoor amenities, including a pet area (713 square feet), walking path (591 square feet), two patios outside of the recreation room (172 square feet and 495 square feet), and a patio by the entry of the new building (421 square feet). In addition, the residents of the proposed 2-story building would have access to the open space/recreation amenities in the existing Our Lady of Guadalupe building, including a lounge/library (294 square feet) and recreation rooms (1,222 square feet and 603 square feet) on the first floor and a TV/Game Room (399 square feet) on the second floor.
As stated in the density bonus concessions above, the city is required to provide one or more project which qualifies for a density bonus, which in this case is a request to reduce the private open space square footage requirement. This requested concession meets the definition of a concession as defined by the California Density Bonus Law.
The approval of the requested general plan amendment, zone change, density bonus and development concessions are consistent with the Fountain Valley General Plan High Density land use, the R-4 zone