Kimley-Horn | 1100 Town and Country Road, Suite 200, Orange, CA 92868 | 714.939.1030 March 17, 2022
Bradley J. Misner, AICP
City of Fullerton
Community and Economic Development Department
Planning Division
303 W. Commonwealth Avenue
Fullerton, CA 92832
Subject: The Pines at Sunrise Village Project Revisions – Environmental Consistency Findings Mr. Misner:
At the December 7, 2021 Fullerton City Council meeting, the City Council requested that the project applicant, Shopoff Realty Investments, consider modifications to the proposed The Pines at Sunrise Village Project. During the public hearing, the City Council heard comments and concerns from the community related to the loss of commercial retail center, increased traffic, appropriateness of h igher density residential uses, and the provision of public services to serve the Project. The City Council voted to return the Project to Planning Commission to address concerns raised during the public hearing. . The applicant has submitted revised plans to the City for the purpose of addressing City Council’s comments on The Pines at Sunrise Village Project and is requesting the City’s consideration of the modified Project.
The Initial Study leading to a Mitigated Negative Declaration (IS/MND) prepared for The Pines at Sunrise Village Project found that the proposed Project would not result in significant environmental impacts with implementation of mitigation measures for the environmental topics of Geology and Soils, and Hazards and Hazardous Materials. At the direction of the City, Kimley-Horn and Associates, Inc. (Kimley-Horn) has reviewed the proposed Project changes to det ermine whether these revisions would change the conclusion of the IS/MND . As demonstrated in the attached environmental consistency analysis , the IS/MND adequately address the impacts of the Project, as modified. Accordingly, no further CEQA analysis is required because of these proposed changes.
Thank you for the opportunity to provide this analysis. Please feel free contact me at (714) 786 -6128 or at [email protected] if you have any questions or require additional information.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
By: Dana C. Privitt, AICP
Associate
Revised Pines at Sunrise Village Project
Consistency Analysis
1 The Pines at Sunrise Village Project
Initial Study/Mitigated Negative Declaration
Project Revisions Under Consideration
The purpose of this memo is to provide the City of Fullerton with additional information to substantiate that the proposed revisions to The Pines at Sunrise Village Project are adequately addressed in the Initial Study leading to a Mitigated Negative Decla ration (IS/MND), which was prepared and distributed for public review between September 20, 2021 and October 11, 2021. The approximate 12.52-acre project site is located at 1144 Rosecrans Avenue, 1715/1723 Euclid Street, and 1701/1751/1801 -1900 Euclid Street. The project site is in the northwestern part of the City, near West Coyote Hills. The site is generally bordered by Rosecrans Avenue on the north, Paseo D orado on the south, Euclid Street on the east, and Camino Loma, existing multi-family townhomes and a senior housing development on the west. Regional vehicular access to the project site is provided via State Route 91 (SR-91), located approximately 2.7 miles to the south. Access into the project site is provided from two driveways on Rosecrans Avenue and one driveway on Euclid Street. Access to the Red Cross office building is provided from the westernmost driveway on Rosecrans Avenue and from two driveways on Camino Loma.
The IS/MND addressed potential impacts associated with the construction and operation of a 164-unit residential community, comprised of 49 detached single-family residences and 115 attached multi-family residential townhomes, as well as surface parking and open space amenities.
Shopoff Realty Investments has requested the City of Fullerton’s consideration of the approval of discretionary actions associated with the modified The Pines at Sunrise Village Project. In summary, the Project has been revised to reduce the total number of dwelling units from 164 to 153 (no reduction in single-family units) and retains the existing 4,000-square-foot (sf) commercial building at 1144 Rosecrans Avenue. The discretionary actions associated with the modified Project are as follows:
▪ General Plan Revision ( LRP-2021-0006) to change the land use designation from Commercial to Low/Medium Density Residential for Par cels 1 and 2. Parcel 3, which contains the 4,000 -sf commercial building at 1144 Rosecrans Avenue , would retain the existing Commercial land use designation.
▪ Zoning Amendment ( LRP-2021-0007) to change the zoning classification from General Commercial to Planned Residential Development – Infill for Parcels 1 and 2. Parcel 3 would retain the existing Commercial zoning classification.
▪ Tentative Tract Map (SUB-2021-0002 / TTM No. 19148) to create a residential subdivision with three parcels. All detached single-family residential units would be on Parcel 1. All attached multi- family residential townhome units would be on Parcel 2. Parcel 3 would contain the commercial building at 1144 Rosecrans Avenue and the surface parking lot. ▪ Major Site Plan (ZON-2021-0032) for a 153-dwelling unit residential community ▪ Development Agreement (LRP-2021-0008)
▪ Adoption of the Initial Study/Mitigated Negative Declaration Revised Pines at Sunrise Village Project
Consistency Analysis
2 The modified Project includes the following modifications:
Parcel 1
▪ No changes are proposed.
Parcel 2
▪ Removal of 3 townhome buildings, resulting in a reduction of 11 multi-family townhomes, or a decrease from 115 to 104 units;
▪ Allowance of Home-Office flex space within 19 multi-family residential units; ▪ Removal of roof-deck configurations;
▪ Changes in parking:
o Residential garage spaces – reduction from 230 to 208 spaces (due to reduction in the number of townhomes)
o Handicap Parking – reduction from 4 to 2 spaces
o Open Guest Parking – reduction from 115 to 114 spaces Parcel 3: New 0.46-acre parcel
▪ Retain and remodel the interior and exterior of the existing 4,000 sf commercial building at 1144 Rosecrans Avenue;
▪ New surface parking with 21 spaces with new driveway access to Rosecrans Avenue; ▪ Retain existing General Plan land use designation and zoning of General Commercial Other
▪ Reduction in density (du/ac) from 13.1 du/ac to 12.7 du/ac; ▪ Reduction in residential dwelling units from 164 to 153 units (no reduction in single-family units [Parcel 1]); and
▪ Reduction in average daily traffic trips from 1,340 to 1,224 ( -116 trips).
Pursuant to the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] §§21000 et seq.) and the State CEQA Guidelines (Title 14, California Code of Regulations [CCR] §§15000 et seq.), the City of Fullerton is the Lead Agency charged with the responsibility of deciding whether to approve The Pines at Sunrise Village Project. State CEQA Guidelines Section 15073.5 discusses recirculation of a negative declaration prior to adoption. Specifically, a Lead Agency is required to recirculate a negative declaration when the document must be substantially revised after public notice of its availability has previously been given pursuant to State CEQA Guidelines Section 15072, but prior its adoption. A substantial revision of a negative declaration includes new, avoidable significant effects that are identified, and mitigation measures or project revisions must be added to reduce the effect to insignificance, or if the Lead Agency determines that the proposed mitigation measures or project revisions will not reduce potential effects to less than significance and new measures or revisions must be required. Recirculation is not required when new project revisions are added in response to written or verbal comments on a project’s effects identified in the proposed negative declaration which are not new avoidable significant effects.
The following narrative summarizes the findings of the IS/MND and identifies whether the impacts of the modified Project, with a reduction in residential townhomes and retention of the existing commercial Revised Pines at Sunrise Village Project
Consistency Analysis
3 retail building at 1144 Rosecrans Avenue would result in the same or lesser significance impact described in the IS/MND. The proposed Project revisions will not result in any new Project impacts or increase the severity of a previously identified significant impact as di scussed in The Pines at Sunrise Village IS/MND.
This consistency analysis finds that the potential impacts of the Project with site plan changes under consideration are adequately addressed in the original Initial Study.
Aesthetics. The IS/MND determined that impacts to aesthetic resources would be less than significant and no mitigation was required. The Fullerton Plan (General Plan) EIR notes scenic vistas within the City include views of the West and East Coyote Hills from the southern portion of the City. The project site is approximately 0.5 mile south of the West Coyote Hills area . The IS/MND concluded that the proposed Project would not alter existing views of the West and East Coyote Hills from Euclid Street at Rosecrans Avenue. Because the modified Project would not increase the height of buildings and would retain one existing commercial building, impacts to scenic vistas would continue to be less than significant. With respect to State scenic highways, there are no eligible or officially designated State scenic highways in the City.
As addressed in the IS/MND, the Project would introduce a residential land use that would complement the existing surrounding residential neighborhoods. The Project would use stucco, brick veneer, metal accents, siding, and several paint schemes with warm earth tones, whites, greens, greys as p art of the architectural composition. The diversity of material choice and colors would match and complement the overall existing surrounding uses and single -family residences, creating a cohesive and compatible neighborhood identity. Therefore, the propos ed Project would not be out of character with existing development in the project area and surrounding land uses. Light and glare impacts were determined to be less than significant through compliance with the Fullerton Municipal Code ( FMC) Section 15.56.110 (General Provisions for Illumination) and the use of non-reflective building materials.
Consistent with the conclusions for the originally proposed Project, the modified Project now under consideration would also have no impact or a less than significant impact without mitigation with respect to the environmental topic of aesthetics. The Project revisions would occur in the northwest portion of the project site near Camino Loma. Three townhome buildings would not be constructed, resulting in the reduction of 11 multi -family townhomes from 115 to 104 units. The removal of the three residential buildings for townhome units would result in the same aesthetic impacts identified in the original proposed Project.
As a part of the modified Project , the existing commercial building at 1144 Rosecrans Avenue would be retained. The applicant would remodel the exterior façade of the commercial building with new grey paint scheme with beige accents, new stucco finishes, concrete blocks, metal trellis, and simulated wood looking tiles. Overall, the proposed exterior architecture style would complement the proposed residential component of the Project. Like the originally proposed Project, t he revised Project would be required to comply with the City’s site plan review process detailed in FMC Section 15.47.060, which includes the review and evaluat ion of the site plan design to ensure public views and scenic vistas are preserved from unreasonable encroachment. The modified Project would still comply with Scenic Corridor Design Guidelines by setting back the residential development from Paseo Dorado and Euclid Street and retaining landscaped slopes along Euclid Street to maintain viewsheds. The modified Project would still comply with FMC Section 15.56.110 (General Provisions for Illumination) for lighting standards and would not utilize reflective building materials that would result in glare impacts.
Revised Pines at Sunrise Village Project
Consistency Analysis
4 The findings of the IS/MND would therefore continue to be applicable to the modified Project. The Project, as modified, would not change the conclusions of the IS/MND.
Agriculture and Forestry Resources. The IS/MND determined that there would be no impacts to agricultural or forestry resources. The project site is located in an urbanized environment bordered by existing development. The project site and surrounding properties are not zoned for a griculture and the project site is not under a Williamson Contract. The Project, as modified, would not change the no impact findings in the IS/MND.
Air Quality. The IS/MND concluded that the Project would result in less than significant impacts related to implementation of the South Coast Air Quality Management District (SCAQMD) Air Quality Management Plan (AQMP); net increase in criteria pollutants; exposure of sensitive receptors to substantial pollutant concentrations ; and emissions such as odors affecting a substantial number of people. The Project would require a General Plan amendment for all parcels and, therefore, the proposed site-specific population growth was not included not included in Southern California Association of Governments ( SCAG) regional forecasts . However , the increase in population represents nominal population growth (approximately 0.34 percent) of the SCAG forecast population for the City of 139,905 persons for 2045 . Neither the original nor the modified Project would induce substantial population growth and as such, would not interfere with attainment because this growth is nominal and would not conflict with the projections used to formulate the AQMP.
In accordance with the South Coast AQMD Guidelines, CalEEMod was used to model construction emissions for reactive organic gases (ROG), Nitrogen Oxides (NOx), Carbon Monoxide (CO), Sulfur Oxides (SOX), and Particulate Matter 10 and 2.5 (PM10, PM2.5). The original Project construction and operational emissions were significantly below SCAQMD adopted thresholds. Further, the original Project would not produce the volume of traffic required to generate a CO hotspot. Localized air quality impacts related to mobile‐source emissions were less than significant . Localized significance thresholds, which provides methodology for air dispersion modeling to evaluate whether a construction or project operations could cause an exceedance of an ambient air quality standard, were below SCAQMD thresholds and considered less than significant. Lastly, toxic air contaminants such as diesel particulate matter were deemed less than significant due to phased project construction schedule, and compliance with existing California regulations (e.g., California Code of Regulations, Title 13, Division 3, Article 1, Chapter 10, §§2485 and 2449), which reduce diesel particulate matter and criteria pollutant emissions from in-use off-road diesel- fueled vehicles. No odor impacts would occur since the proposed Project is a predominately residential development, a land use typically not associated with generation of odors . One existing 4,000 -sf retail building would be retained and would also not be expected to generate objectionable odors.
With respect to the modified Project , it would generate 116 fewer average daily trips (1,224 trips compared to 1,340 trips) than the originally proposed Project. The reduction in vehicle trips would have an incremental reduction in operational air emissions . T he findings of the IS/MND would also be applicable to the Project, as modified. The Project, as modified, would not change the finding s in the IS/MND.
Biological Resources. The IS/MND determined that impacts to biological resources would be less than significant and no mitigation is required. The project site is located in an urbanized environment surrounding by existing development. The site does not provide suitable habitat for speci al-status plant or wildlife species and no candidate, sensitive, or special -status plant or wildlife species were observed.
Revised Pines at Sunrise Village Project
Consistency Analysis
5 The project site is not a recognized wildlife corridor and site redevelopment would not impede fish or wildlife movement. The concrete channel adjacent to Euclid Street does not provide suitable habitat and functions primarily as a drainage channel . Removal of landscaped vegetation (trees and shrubs) would occur and be subject to Standard Condition (SC) BIO 1, which addresses construction activities during the nesting season. Following compliance with SC BIO -1, potential impacts to nesting migratory birds would be less than significant and no mitigation is required.
With respect to the revisions under consideration, the modified Project would still occur within the same development footprint as the origina lly proposed P roject. The proposed revisions which include a reduction in the number of residences and retention of one commercial building , would not result in changes to the impact conclusions of the IS/MND.
Cultural Resources. The IS/MND concluded that the proposed Project would have a less than significant impact on cultural resources and no mitigation was required. The existing commercial retail shopping center was built in the 1970s and is not considered a historical resource. A cultural resource record search conducted for the Project did identify any previously recorded archaeological resources within the project site. Due to the previous ground disturbance associated with the prior commercial center development, the project site was considered to have low sensitivity for the presence of archaeological deposits.
Because of the presence of previously discovered archaeological resources within a one-mile radius of the site, the potential exists for the discovery of archaeological resources during ground disturbing activities.
The IS/MND noted that the Project would be required to comply with SC CR -1, which details the appropriate steps should archaeological resources be encountered during ground-disturbing activities. No formal cemeteries are on or near the project site. If human remains are found, those remains would require proper treatment in accordance with applicable laws, including State of California Health and Safety Code (HSC) Sections 7050.5-7055 and PRC Sections 5097.98 and 5097.99, as outlined in SC CR-2.
No mitigation measures are required.
With respect to the modified Project, development would occur on the same property and within the same development footprinted analyzed in the IS/MND. Project revisions including the reduction of residential townhome units and retention of the commercial building at 1144 Rosecrans Avenue would result in the same potential impacts as previously identified in the IS/MND. The modified Project would be subject to SC CR-1 and SC CR-2, which detail the appropriate steps should archaeological resources be encountered during ground-disturbing activities and details procedures set forth in PRC Section 5087.98 regarding evaluation by the County Coroner and notification of the NAHC when human remains are discovered, respectively. The conclusions of the IS/MND are applicable to the modified Project.
Energy. The IS/MND co ncluded that impacts would be less than significant with respect to energy resources. The modified Project would reduce the number of residential units from 164 to 153 units.
Additionally, the commercial building at 1144 Rosecrans Avenue would be retained and remodeled. Like the originally proposed Project, the modified Project’s design and materials would be required to comply with Building Energy Efficiency Standards. Prior to issuance of a b uilding permit, the City of Fullerton Building and Safety Division would review and verify that the project plans demonstrate compliance with the current version of the Building and Energy Efficiency Standards.
During Project operations, energy consumptio n would be predominately associated with resident s and occupants of the commercial building. The Project is a mixed-use infill development, located near public transportation and within one mile of community goods and services (e.g., schools, churches, pharmacies, Revised Pines at Sunrise Village Project
Consistency Analysis
6 grocery stores, hospitals, etc.), all of which would reduce the need to drive long distances. The retention of the existing commercial building would provide an opportunity for goods and services proximate to future residences, further reducing ve hicles miles traveled. The modified Project would not result in wasteful, inefficient, or unnecessary consumption of energy resources.
Like the originally proposed Project, the modified Project would be required to comply with the California Public Utilities Commission’s energy requirements, as well as the most current Title 24 and CALGreen Code standards which would ensure conformance with The Fullerton Plan goals and policies, as well as the State’s goal of promoting energy e fficiency and renewable energy . The modified Project would not conflict or obstruct State or local plans for renewable energy or energy efficiency.
The modified Project would result in a smaller development footprint, thereby reducing construction equipment fuel usage and emissions. The modified Project would comply with the same existing regulatory framework outlined in the IS/MND. The Project, as modified, would not change the findings in the IS/MND.
Geology and Soils. The IS/MND concluded that the originally proposed Project would result in less than significant impacts with the incorporation of mitigation with respect to earthquake faults, seismic hazards, landslides, loss of top soil, liquefaction, expansive soils, use of septic tanks (no impact) , and paleontological resources. The IS/MND identified SC GEO-1, which required project plans and designs to comply with FMC 14.03 – Building Code, which incorporates the 2019 California Building Standards Code, as well as MM GEO -1 and GEO -2, w hich require compliance with the Geotechnical and Infiltration Evaluation (GeoTek, Inc. 2020) recommendations and outlines procedures related to discovery of paleontological resources, respectively. The modified Project would not create a new significant i mpact or a substantial increase in the severity of previously identified effects in the IS/MND. The modified Project would be required to comply with applicable building regulations and standards , as well as previously identified standard conditions and mi tigation measures. The modified Project would occur within the same development footprint. The reduction in residential units and retention of existing commercial uses would not require changes to how the Project is constructed or operated. The proposed revisions would not cause a significant impact. The Project, as modified, would not change the findings in the IS/MND.
Greenhouse Gas Emissions. The IS/MND concluded that greenhouse gas (GHG) emissions would be less than significant. Project GHG emissions were modeled using CalEEMod. Construction activities would generate approximately 1,066 metric tons of CO 2e during construction (or 35.53 metric tons amortized over 30 years), which is below the SCAQMD 3,000 MTCO2/year significance threshold. The IS/MND noted that the originally proposed Project would not interfere with the State’s goals of reducing GHG emissions.
The Project is required to comply with all building codes in effect at the time of construction, which include energy conservation measures mandated by Title 24 of the California Building Standards Code – Energy Efficiency Standards. Therefore, the Project would have a less than significant impact concerning GHG emissions.
With respect to the modified Project, the reduction in development would not change the findings of the IS/MND with respect to GHG emissions. The modified P roject would have a slight reduction in GHG operational emissions due to the decrease in Project trip generations. Additionally, the modified Project would retain the existing commercial building at 1144 Rosecrans Avenue, which would result in slightly reduced construction activities and emissions. The modified Project would be subject to the same regulatory framework and would comply with all building codes in effect at the time of construction , Revised Pines at Sunrise Village Project
Consistency Analysis
7 including Title 24 standards. The findings of the IS/MND would therefore be applicable to the modified Project.
Hazards and Hazardous Materials. The IS/MND found that impacts would be less than significant with the incorporation of mitigation with respect to the potential release of hazardous materials into the environment. No other potentially significant impacts were identified. A prior dry cleaner use in the commercial center had released chlorinated volatile organic compounds (VOCs) into the subsurface.
Several investigations and regulatory oversight for remediation have occurred. The IS/MND identified MM HAZ-1, which requires the applicant to implement and adopt the Response Plan’s recommendations and measures to address the potential release of hazardous materials into the environment. A passive Vapor Intrusion Monitoring Systems (VIMS) beneath future residential building slabs at and near the location of the former dry cleaner where VOCs concentrati ons in soil vapor are greates t is a part of the Response Plan. Furthermore, some of the existing on-site structures were constructed in the 1970s and may contain lead-based paints and asbestos -containing materials . Implementation of SC HAZ -1 would require a certified environmental professional confirm presence of absence of asbestos containing materials or lead based paints prior to demolition.
With respect to the modified Project, the reduction in development would not change the findings of the IS/MND with respect to the topic of hazards and hazardous materials. The standard conditions and proposed mitigation measures would still apply to the modified Project. The modified Project would have the same development footprint as the originally proposed Project. The Project, as modified, would not change the findings in the IS/MND.
Hydrology and Water Quality . The Preliminary Drainage Report prepared for the originally proposed Project concluded that development would not significantly alter the existing drainage patterns or significantly change the volume of rate of surface water runoff from the project site. Project implementation would improve runoff by decreasing the amount of imperv ious surfaces from 80 to 66 percent. The Project would implement stormwater best management practices (BMPs) and utilize modular wetland systems to reduce off-site runoff. No mitigation measures were required.
With respect to water quality, the IS/MND det ermined that the P roject would have no or less than significant impacts associated with surface water runoff and water quality with compliance with applicable local, regional, and State regulatory requirements. The originally proposed P roject would be required to obtain a National Pollutant Discharge Elimination System (NPDES) permit, including the preparation of a Stormwater Pollution Prevention Plan (SWPPP), and implementation of sediment control BMPs to preclude impacts during construction. Compliance with the requirements set forth in the NPDES General Construction Permit and provisions established by the Fullerton Municipal Code would reduce the potential for off-site and downstream water quality impacts associated with the originally proposed Project.
A Preliminary Water Quality Management Plan (WQMP) was prepared for the originally proposed Project to comply with the requirements of the County of Orange NPDES Stormwater Program. On -site water quality and storm water drainage would be controlled through the incorporation of infiltration, structural, and non-structural source-control BMPs. Long -term operational impacts associated with water quality standards were determined to be less than significant.
With respect to the modified Project under consideration, the proposed modifications would not change the footprint of the proposed development. Accordingly, no new impacts nor a substantial increase in the Revised Pines at Sunrise Village Project
Consistency Analysis
8 severity of a previously identified significant impact would occur. The findings of the I S/MND would be applicable to the Project, as modified.
Land Use. The IS/MND identified no impact related to the physical division of an established community and a less than significant impact related to conflicts with existing land use plans, policies, and regulations.
The modified Project would result in similar impact conclusions. The modified Project is an infill development project and would not physically divide an existing established community. Further, the modified Project is consistent with several Fullerton Plan policies , as discussed in Table 4.11-1: General Plan Policies Consistency, of the Initial Study. The proposed reduction in residential units and retention of one commercial building does not change the conclusions of the IS/MND that the Project would be consistent with applicable goals and policies of The Fullerton P lan. The findings of the IS/MND would therefore be applicable to the modified Project.
Mineral Resources. The IS/MND determined that there would be no impacts to mineral resources. The City does not have any locally important mineral resource recovery sites due to its highly urbanized nature. The modified Project is a planned residential development with a commercial building remodel, which would not involve any mineral extraction activities. The modified Project would not result in the loss of a known mineral resource or loss of availability of a known mineral resource or locally important mineral resource site. No impact would occur , and no mitigation is required. The Project, as modified, would not change the findings in the IS/MND.
Noise. The IS/MND found that noise impacts would be less than significant impact with respect to substantial temporary or permanent increase in ambient noise levels , excessive ground borne vibration, or exposure to people residing or working within an airport land use plan to excessive noise. During different construction phases, the IS/MND identified that e xterior noise levels would be between 55.6 dBA and 71.3 dBA, which were below the Federal Transit Agency (FTA) construction noise threshold of 80 dBA L eq. Further, the Project is required to comply with FMC Section 15.90 which limits construction activities to certain hours of the day. The Project’s mobile source noise level increases were also considered to be less than significant. The originally proposed Project would generate approximately 1,340 daily vehicle trips, which would not result in a perceivable increase in mobile source noise l evels.
Vibration related impacts were considered less than significant due to distances between construction equipment and sensitive receptors. Project implementation would not result in exposure of people residing or working in the project area to excessive or high noise impact levels.
Noise impacts associated with the modified Project would be similar. The modified Project would utilize similar construction tools and remain within the same development footprint, therefore resulting in similar construction noise impacts. The distances to sensitive receptors would be the same as the originally proposed Project. As a result, noise levels identified in Table 4.13-4: Project Construction Noise Levels, would be applicable to the modified Project. The proposed modifications would result in less residential development and reduction in vehicular traffic. The incremental change in the projected number of daily trips would not result in a decibel reduction that would be discernible. The Project, as modified, would not change the findings in the IS/MND.
Population and Housing. The IS/MND identified that the originally proposed Project would not result in substantial unplanned population growth and would not displace people or housing. The originally proposed Project’s forecast population growth of 474 persons would be less than one percent of the City’s overall population of 139,431 persons. Further, the Project is within The Fullerton Plan’s population Revised Pines at Sunrise Village Project
Consistency Analysis
9 forecast and therefore is not considered substantial population growth. Additionally, the originally proposed Project would be consistent with SCAG growth projections for the City and would provide 164 dwelling units to the City’s housing inventory.
The modified Project would reduce the number of proposed housing units from 164 to 153 units, a reduction of 11 units. The estimated residential population would be 442 persons, or a reduction of 32 persons when compared to the originally proposed Project . The modified Project would result in less population growth and would still be consistent with the City’s growth projections noted in The Fullerton Plan and SCAG’s regional growth assumptions. Neither development scenario would have an impact to population and housing. The findings of the IS/MND would therefore be applicable to the modified Project.
Public Services . The IS/MND determined that the originally proposed Project would have a less than significant impact to fire and police protection services and facilities, schools, and libraries. The IS/MND determined that the compliance with goals and policies in The Fullerton Plan, and payment of school fees (Senate Bill 50) would preclude any adverse impacts and no mitigation would be required. With respect to the modified Project, the reduction in residential development would have a nominal decrease related to schools and libraries. As with the originally proposed Project , no significant impacts would occur.
Therefore, the findings of the IS/MND would be applicable to the modified Project.
Recreation. The IS/MND found that the Project would have a less than significant imp act related to accelerated physical deterioration of existing parks and the need to construct or expan d existing recreational facilities which would result in an adverse physical effect on the environment. The originally proposed P roject would be subject to parks fees pursuant to FMC Chapter 21.12 – Fee for Parks on Construction of Dwelling Units, prescribed under SC REC -1. In addition to the payment of park fees, the originally proposed Project included on-site parks and recreational facilities for residents. Future residents would likely use on-site amenities. The Project would not result in the need for new or expanded public recreational facilities.
As it applies to the modified Project, there would be a reduction of 11 residential units. The PRD-I zone requires 15 percent of open space based on net acreage . Therefore, the modified Project would be required to provide a minimum 27,704 sf (approximately 0.64 acre) of open space on Lot 1, and 26,593 sf (approximately 0.61 acre) of open space on Lot 2 , and 3,044 sf of open space on Lot 3. The modified Project’s open space would be provided through a combination of private open space, common open space and “other” open space, the latter which is landscaped areas for visual relief that are generally not usable and therefore not included to determine compliance with the FMC standard . The modified Project’s open space summary is provided in Table 1: Open Space Summary.
The modified Project would exceed open space requirements. It should be noted that the amount of common open space amenities (recreation area, pocket parks) would remain the same, although fewer residential units are associated with the modified Project. The modified Project would retain the recreation area with swimming pool, pool deck with lounge chairs, and fire-pit seating on Lot 1, and two pocket parks on Lot 2 with outdoor dining table seating, outdoor BBQ counters, bench seating, and turf areas. The findings of the IS/MND would therefore be applicable to the modified Project.
Revised Pines at Sunrise Village Project
Consistency Analysis
10 Table 1: Open Space Summary
Lot
Private Open
Space (sf)
Common Open
Space (sf) Total (sf) Other Open Space
1 40,912 8,356 49,268 47,893 landscaped slopes
3,790 in other open space
2 16,995 4,900* 21,895
39,349 in other common
landscaped open space
4,074 in other open space
3 - 8,468 8,468 -
Total 57,907 sf 21,724 sf 79,631 sf
sf – square feet
*= total square footage of two pocket parks on Lot 2
Source: JZMK Partners, 2022.
Tribal Cultural Resources . Impacts to Native American tribal cultural resources would be less t han significant. Discovery of Native American tribal cultural resources on the project site was identified in the IS/MND as unlikely, given construction of the shopping center required site disturbance and excavation, and no archaeological resources have been recorded on the project site. If tribal cultural resources are discovered, standard conditions identified in the Cultural Resources section of the IS/MND (SC CR-1 and SC CR-2) would apply. With regards to the modified Project, the development footprint would remain the same. Changes associated with the modified Project would not result in a more significant impact to tribal cultural resources. Therefore, the findings in the IS/MND are applicable to the modified Project.
Transportation. The IS/MND determined that the originally proposed Project would have a less than significant impact on transportation resources. A project -specific transportation impact study and City Vehicles Miles Traveled (VMT) worksheet was prepared for the original Project. The originally proposed Project was estimated to generate 1,340 average daily trips on a typical week day, including 92 AM peak hour trips and 116 PM peak hour trips. The analysis concluded that Project implementation would result in a reduction of 3,297 net average daily trips, including a reduction of 7 AM peak hour trips and 131 PM peak hour trips compared to the existing retail land use at full occupancy. The proposed Project would include public sidewalk improvements to enhance non-vehicular mobility. Further, the proposed Project would not interfere with public transit operations and would place new residents close to public transit opportunities with three bus stops on Euclid Street between Rosecrans Avenue and Paseo Dorado.
With respect to VMT, based on the thresholds of significance set forth by the City, the originally proposed Project’s VMT per Service Population falls below the target VMT per service population of 29.6 percent.
Residential projects located within a low VMT area are presumed to have a less than significant impact absent substantial evidence. The Project would not increase hazards to the public due to incompatible use through the introduction of a residential development in a predominately residential area of the City.
The proposed Project driveway entrances and interior drive aisles would accommodate standard fire lane turning radiuses and hammerhead turnaround maneuvers. Off-site street improvements prescribed in the Development Agreement would not require the complete closure of any public or private streets or roadways during construction. The originally proposed Project would be subject to SC TRANS -1, which requires that temporary construction activities not impede use of the surrounding roadways for emergencies or access for emergency response vehicles. Impacts were deemed less than significant.
Revised Pines at Sunrise Village Project
Consistency Analysis
11 With respect to the modified Project , the changes would result in a reduction in vehicular trips. An updated trip generation memo was prepared for the modified Project and is included as Attachment B.
The modified Project would generate 1,224 daily trips, including 84 AM peak hour trips and 107 PM peak hour trips , a reduction of 116 daily trips. The modified Project would also include public sidewalk improvements and would not interfere with public transit operations. The reduction in residential units and retention of commercial land uses would still result in a Project VMT per service population below the City’s adopted thres hold. The modified Project would retain one commercial building. Internal site circulation would not deviate from the previous proposed plans and designs. No change to the impact conclusions related to increase in hazards due to geometric designs or inadeq uate emergency access would occur under the modified Project. Therefore, the findings of the IS/MND and compliance with SC- TRANS 1 would also be applicable to the modified Project.
Utilities and Service Systems . Impacts associated with the construction or expansion of existing water, wastewater, stormwater drainage, electrical power, natural gas, and telecommunication facilities would be less than significant. The IS/MND also determined that impacts would be less than sign ificant with respect to water supply, wastewater treatment capacity, and solid waste generation.
The originally proposed Project would increase water demand by 34.8 acre-feet (AF) per year, which is less than one percent of the City’s overall water demand in 2020. Further, the originally proposed Project’s growth projections fall within the SCAG growth forecasts and are consistent with the 2020 Urban Water Management Plan . No new water facilities would need to be constructed or expanded to serve the Project.
The IS/MND noted that the proposed Project would also increase sewer demand but would not require the construction of sewer infrastructure beyond that identified in the City’s Sewer Master Plan. Further, the applicant would be required pay a fair share contribution to the sew er improvements. Impacts concerning wastewater would be considered less than significant and no mitigation was required.
The originally proposed Project would maintain the existing drainage pattern to the maximum extent feasible. Ultimate site improvements include drainage inlets and on -site private storm drains. Surface flows would be directed into an area drain piping system or on-site curb and gutters which would convey flows to five Modular Wetland Systems (MWS) to treat runoff. The Project would treat site runoff in accordance with the Orange County’s Model Water Quality Management Plan (MWQMP) requirements.
Following compliance with the established regulatory framework, the proposed drainage improvements’ environmental effects would be considered less than significant and no mitigation was identified in the IS/MND.
Southern California Edison, Southern California Gas Company, and local telecommunications companies operate and maintain transmission and distribution infrastructure in the area, which currently serve the project site. The IS/MND noted that the originally proposed P roject would connect to existing electrical, natural gas, and telecommunications infrastructure, and no off -site improvements were proposed or required.
The originally proposed Project would increase solid waste generation and disposal at local landfills.
However, the IS/MND concluded that the Project’s solid waste generation was nominal compared to the overall capacity at landfills and that impacts were considered less than significant.
Revised Pines at Sunrise Village Project
Consistency Analysis
12 With respect to the modified Project under consideration, the reduction in residential townhome units and retention of the existing commercial building would place similar demands on wastewater, storm water, and landfill facilities, and water supply. The findings of the IS/MND would therefore be applicable to the modified Project.
Wildfires. The IS/MND concluded that the originally proposed Project would have no impact related to adopted emergency response plans, exposure of Project occupants to pollutant concentrations, installation or maintenance of infrastructure, or exposure to significant risk associated from post -fire instability in a very high fire severity zone. The project site is in a Non-Very High Fire Hazard Severity Zone (VHFHSZ) zone within a local responsibility area. The modified Project is on the same property and would retain a similar development footprint. The findings of the IS/MND would also be applicable to the modified Project.