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HomeMy WebLinkAbout03 CUP 07-023ITEM #3 Report to the Planning Commission DATE: AUGUST 26, 2008 SUBJECT: CONDITIONAL USE PERMIT (CUP) 07-023 APPLICANT: CLAUDINE MARTIN, CIO BRUCE JORDAN JORDAN ARCHITECTS, INC 187 AVEN I DA LA PATA SAN CLEMENTE, CA 92673 PROPERTY OWNER: I-5 SELF STORAGE LLC 620 NEWPORT CENTER DRIVE, 11T" FLOOR NEWPORT BEACH, CA 92660 LOCATION: 2631 MICHELLE DRIVE ZONING: PLANNED COMMUNITY INDUSTRIAL (PC-IND) GENERAL PLAN: PC COMMERCIAL BUSINESS ENVIRONMENTAL TUSTIN STATUS: AN INITIAL STUDY CHECKLIST WAS PREPARED AND ANALYSIS WAS COMPLETED. NO SUBSTANTIAL CHANGE AND NO NEW INFORMATION HAS SURFACED SINCE THE PREVIOUS ENVIRONMENTAL ANALYSIS. PURSUANT TO SECTION 15162(a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, NO FURTHER ENVIRONMENTAL ANALYSIS IS REQUIRED. REQUEST: A REQUEST TO ESTABLISH AN OUTDOOR RECREATIONAL VEHICLE STORAGE AT THE APPROVED SELF STORAGE FACILITY North Elevation Sou[h Elevation Wesl Elevation r ., .. , Planning Commission Report August 26, 2008 CUP 07-023 Page 2 That the Planning Commission adopt Resolution No. 4099 approving CUP 07-023 to allow for the establishment of an outdoor recreational vehicle (RV) storage within the parking area of the previously approved self storage facility located at 2631 Michelle Drive. BACKGROUNDIDISCUSSION Background On July 21, 2003, the City Council adopted Ordinance No. 1278 adding Outdoor RV storage as a conditionally permitted use to the Irvine Industrial Complex Planned Community District Regulations and established development standards applicable to outdoor RV storage. On January 19, 2006, the Community Development Department approved Design Review (DR) 05- 014, authorizing the conversion of existing industrial buildings and construction of new buildings to accommodate a 227,133 square-foot self storage facility (I-5 Self Storage) at the subject location. The self storage facility is currently under construction. The same applicant is now requesting approval of a conditional use permit to establish outdoor RV storage within the parking area of the I-5 Self Storage facility. Site and Scrrrounding Properties The subject property is an approximately 7.00 acre site located within the Irvine Industrial Complex (Attachment A -Location Map). The site is being developed with 227,133 square feet of self storage space in seven (7) buildings and a 2,774 square foot office space. The current zoning designation on this property is Planned Community Industrial and is subject to the Irvine Industrial Complex Planned Community District Regulations. To the east, west, and south of the site are similarly zoned properties comprising industrial and office uses in the same Planned Community District. Interstate 5 borders the site to the north. I PCR ~` PCC ~ PCMU II I-5 Self Storage (Project Site) PCIND City of Irvine Planning Commission Report August 26, 2008 CUP 07-023 Page 3 Project Description The proposed project includes adding fifty (50) outdoor RV storage spaces to the existing I-5 Self Storage Facility. The area proposed to be used for RV storage was previously approved as a parking lot as a part of DR 05-014 (Attachment C -Submitted Plans). The RV storage will be located on the rear half of the lot, screened from public view by the self storage buildings. The applicant has indicated no dumping station or maintenance of RVs would be allowed on the site. Therefore, the site changes required to accommodate the proposed outdoor RV storage would only involve the reconfiguration of the existing parking lot. Based on the parking standards contained in the Irvine Industrial Complex Planned Community District Regulations, this self storage facility is required to have eighty-eight (88) parking spaces excluding the RV parking spaces. A total of ninety-one (91) parking spaces are proposed to be provided for customer parking along with seven (7) additional loading spaces. _-- _--__------_s~wr~a~aa~rraY orage Planning Commission Report August 26, 2008 CUP 07-023 Page 4 Conditional Use Permit Ordinance No. 1278 added the following development standards for outdoor RV storage to the Irvine Industrial Complex Planned Community District Regulations: a. Storage shall be accessory to the primary self-storage facility use. If the primary use ceases, the use of the outdoor recreational vehicle storage shall cease; The outdoor RV storage is proposed as an ancillary use at a previously approved self storage facility. As conditioned, if the self storage facility ceases to operate, the RV storage would be required to cease to operate as well. b. The storage area shall be located on the rear half of a lot. On a corner lot, the storage area shall be located in the least visible area from a private or public roadway on the rear half of the lot; The proposed RV storage area is located on the interior rear half of the lot and woerld be completely screened from public view by the existing buildings and the new buildings currently under construction. c. The storage area shall not cover more than twenty-five (25) percent of the lot area; The RV storage covers approximately 22, 528 square feet of the lot area or approximately 7.4 percent of the total lot area, well below the 25 percent threshold. d. The storage area shall be screened on all sides with an effective combination of solid walls, solid gates, and dense landscaping; The proposed outdoor RV storage area would be screened on all sides by the self storage buildings. Previocrsly approved fencing and gates along Michelle Drive (approved under the self storage facility) would screen any part of the proposed RV storage area that could potentially be seen through the gaps between buildings. e. The storage area shall not encroach into required parking spaces or landscape areas; The storage area is proposed to be located within the area previously approved to be a parking lat. No required landscape area is affected by the proposed RV storage and the self storage facility will still provide the required number of parking spaces. No vehicle shall be parked or stored in a manner which obstructs access to any door, window, or other entrance to, or exit from, any building; None of the proposed outdoor RV storage spaces would block a required entrance or exit from any of the buildings in the self storage facility. g. The sale, service, or maintenance of RVs shall not be permitted; As conditioned, no on-site sale, service, or maintenance of RVs would be permitted. h. No septic dumping station shall be established on-site; As conditioned, no septic dumping station would be allowed to be established on sife. Planning Commission Report August 26, 2008 CUP 07-023 Page 5 i. No recreational vehicle shall be inhabited while being stored. As conditioned, no recreational vehicle would be allowed to be inhabited while being stored. Based upon the above analysis, the proposed project complies with all of the development standards applicable to an outdoor RV storage within the Irvine Industrial Complex Planned Community District. Environmental Analysis A negative declaration was prepared and certified by the City Council when the Irvine Industrial Complex Planned Community District Regulations were amended to add outdoor RV storage as a conditionally permitted use. An initial study checklist for the proposed project (Exhibit A of Attachment D) was completed and found that no substantial change has occurred and no new information has surfaced since the previous analysis. Pursuant to Section 15162(a) of the CEQA Guidelines, no further environmental analysis is required. ANALYSIS In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings 1) Ordinance No. 1278, adopted on July 21, 2003, allows outdoor RV storage as a conditionally permitted use in the Irvine Industrial Complex and established development standards for such a use. 2) The proposed project is in compliance with all development standards related to outdoor RV storage in the Irvine Industrial Complex Planned Community District in that the RV storage area is accessory to the main self storage use; is located on the rear half of the lot; does not cover more than twenty-five (25) percent of the total lot area; is screened from public view on all sides; does not encroach into required parking spaces; does not block any exits or entrances from any building; the RVs will not be sold, serviced or maintained on-site or inhabited while being stored; and no septic dumping station will be established. 3) The operational characteristics and features of the facility are appropriate for the location in that the proposal to add outdoor RV storage to a self storage facility in an industrial area is compatible with the surrounding uses and consistent with the Irvine Industrial Complex Planned Community District Regulations. 4) There is adequate parking provided on-site to accommodate the proposed use in addition to the existing use. 5) The Engineering Division has reviewed the proposal and has concluded that there will be no adverse traffic impacts, and there is sufficient street capacity to support the proposed use. Planning Commission Report August 26, 2008 CUP 07-023 Page 6 ~ l~/ V'~ Cari Meyer Assistant Planner Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Planning Commission Resolution No. 4099 Elizabeth A. Binsack Community Development Director ATTACHMENT A Location Map `v 9 ~cr. Ur f~ ;GI XOQJwvn 111 I' 1 r r ATTACHMENT B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): Conditional Use Permit (CUP) 07-023 2. LOCATION: 2631 Michelle Drive 3. LOT; 2 TRACT: 8590 4. APN(S): 432-471-18 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: Design Review CDR) 05-014 6. SURROUNDING LAND USES: NORTH: Interstate 5 Freeway EAST: Schick/Allied Moving Warehouse SOUTH: Rockwell/Collins Corporate Headquarters WEST: Apria Healthcare Office/Warehouse 7. SURROUNDING ZONING DESIGNATION: NORTH: Freeway/Unclassified SOUTH: Planned Community Industrial (PC-IND) EAST: Planned Community Industrial {PC-IND) WEST: Planned Community Industrial (PC-IND) $. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: FreewaylUnclassified SOUTH: PC Commercial Business EAST: PC Commercial Business WEST: PC Commercial Business 9. SITE LAND USE: EXISTING PROPOSED USE: Self Storage Facility same, added outdoor RV storage GENERAL PLAN: PC Commercial Business PC Commercial Business ZONING: Planned Community Industrial Planned Community Industrial OUTDOOR RV STORAGE DEVELOPMENT STANDARDS: Required Proposed 10. LOT AREA: 30,OD0 sf. min.. 304,920 S.F. (7.00 Acres) 11. RV STORAGE LOCATION: Rear 50% Rear 49% 12. RV STORAGE COVERAGE: 25% max. 7.4% 13. SCREENING: On all sides On all sides 14. PARKING: 88 spaces 91 spaces 15. ENCROACHMENT: None Permitted None Proposed 16, SALE, SERVICE, MAINTENANCE, SEPTIC DUMPING STATION INHABITATION WHILE IN STORAGE: None Permitted None Proposed 17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) None None 1\Cot-SecondlCdd-RdalCddlCarilCUP\07-023 (RV Storage)1LAND USE APPLICATION FACT SHEET -For Merge.Doc ATTACHMENT C Submitted Plans o:x rl 3 `r; `i0 '~ ~ r N~? d ~ ~ ~ r ~ X ~ J t}~y n 5 ~ 1'~'"'aa i~„ w ~7 ! O (p °r° JS rte- ~e$"s~! ~~ ~ ~ « ~ ~ ~ ~ Q a Q ~ U ~ S $ ~~ _ ~ ~ ~? i. ~ ~y y . .: ~ ~ s y ~ ~ ~ ~ 4 ~ \ ~ ~Z~ Y s ~ g p «ei ddd d { ~ S ~~ n h e ~ y ~ ~ ~ Z yY f ~ ~x ~. ~. ~ v g ~ 9, N~Y~ A ~ ~ ~ H ~ ~ v i ~ 5 7 '~. f Y ,^5 Sh a~~ % ~ ~~~ I , ~ ~^ s ~~ f~~f ~ ~~C"gg° ~P~ ~r ~~Ni~ Y ry ~Z $ 1~~ I ~ ~ { yy 4 ~ ~~ Y i ~ i ~ III ", aE ilq l~ ,?Nhi K PA~ I b F4 E ~~~ ~~ Z4 ~~ I } ~I aW LL Q ~i 4~ ~ V7~ I I I I ~-0 n ~µ ~M ~ ~ ~ ~ ~a~ _ 5 °' ~ ~ 4'' ~? ~ ~ '~.,~ 1t~ ~, y c ~ lr ~~ c~c .°'~7i ~- ~ ~~~PQ~ ~' V 9 F; .! J ~~ G N Z _. N ~ ~ to a~ ~ i,' 11I~ ~ ~~ o ~ ; ~ r _~ Vl I~ I~I~a~~a~ M d' ~ ~ ~ ~~ ~ ~~~ ~ ~ i z z --~_., ~c4 `` ~ Q ~~~~~ ~~~ I ~ V ~ .~ ~' ~ a~, ~q~:3Y ~,y ro"'~a • ~a,~i~ ~ ~ ~ s N Q i~... ~: ~ W ~ ~ O Q ~ r°8 E ve"`' ~ 'hs ~ Q ;a~ a z a a 0 z 0 a W Z m~ x a a z 0 a iui 0 x V z 0 .:, N -, ~a 0 u_ 0 LLc z 0 V. 5 5 ll} ~ ~ ~Q ~~?aaaa ~~~~~~ ~~--C~: ~s~~ F ~~. ~~ e i ~ 1.~ ~ dal 'g ~I~~'" ~ ~i~~ ATTACHMENT D Planning Commission Resolution No. 4099 RESOLUTION NO. 4099 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 07-023 AUTHORIZING THE ESTABLISHMENT OF AN OUTDOOR RECREATIONAL VEHICLE STORAGE WITHIN THE PARKING AREA OF THE I-5 SELF STORAGE FACILITY AT 2631 MICHELLE DRIVE The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. A proper application for Conditional Use Permit 07-023 was filed by Claudine Martin and Jordan Architects on behalf of I-5 Self Storage, LLC., requesting authorization to establish an outdoor recreational vehicle storage within the parking area of the I-5 Self Storage Facility at 2631 Michelle Drive. B. The project site is located within the Planned Community Commercial/Business General Plan land use designation, Planned Community Industrial (PC-IND) zoning district, and is subject to the Irvine Industrial Complex Planned Community District regulations. C. The Planned Community Commercial/Business General Plan land use designation and the Planned Community Industrial zoning designation allow for a variety of retail and service commercial, offices, and industrial land uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. D. Section VI.C.14 of the Irvine Industrial Complex Planned Community District Regulations adopted through Ordinance No. 1278 allows the establishment of an outdoor recreational vehicle storage facility with the approval of a conditional use permit. E. A public hearing was duly called, noticed, and held for Conditional Use Permit 07-023 on August 26, 2008, by the Planning Commission. The establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: Resolution No. 4099 ('age 2 1) Ordinance No. 1278 adopted on July 21, 2003, allows outdoor RV storage as a conditionally permitted use to the Irvine Industrial Complex Planned Community District Regulations and established development standards for such a use. 2) The proposed project is in compliance with all development standards related to outdoor RV storage in the Irvine Industrial Planned Community District in that the RV storage area is accessory to the main self storage use; is located on the rear half of the lot; does not cover more than twenty-five (25) percent of the total lot area; is screened from public view on all sides; does not encroach into required parking spaces; does not block any exits or entrances from any building; the RVs will not be sold, serviced or maintained on-site or inhabited while being stored; and no septic dumping station will be established. 3) The operational characteristics and features of the facility are appropriate for the location in that the proposal to add outdoor RV storage to a self starage facility in an industrial area is compatible with the surrounding uses and consistent with the Irvine Industrial Complex Planned Community District Regulations. 4) There is adequate parking provided on-site to accommodate the proposed use in addition to the existing use. 5) The Engineering Division has reviewed the proposal and has concluded that there will be no adverse traffic impacts, and there is sufficient street capacity to support the proposed use. G. An initial study checklist attached hereto as Exhibit A was completed and found that no substantial change has occurred and no new information has surfaced since the previous analysis. Pursuant to Section 15162(a) of the CEQA Guidelines, no further environmental analysis is required. ll. The Planning Commission hereby approves Conditional Use Permit 07- 023 authorizing the establishment of an outdoor recreational vehicle storage facility within the parking lot of the I-5 Self Storage Facility at 2631 Michelle Drive subject to conditions attached hereto as Exhibit B. Resolution No. 4099 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 26th day of August, 2008. CHARLES E. PUCKETT Chairperson Pro Tem ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4099 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 26t day of August, 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A TO RESOLUTION N0.4099 Environmental Checklist TUS~'1N COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 9~78U (71=1) 573-31(10 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Negative Declaration for Adding Outdoor Recreational Vehicle (RV) Storage as a Conditionally Permitted Use in the Irvine Industrial Complex This checklist and the following evaluation of envirotunental impacts takes into consideration the preparation of an environmental document prepared at an earlier stage of the proposed project. The checklist and evaluation evaluate the adequacy of the earlier document pursuant to Section 15162(a) of the California Enviromnental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Conditional Use Permit (CUP) 07-023 Lead Agency: City of'Tustin, 300 Centeiu~ial Way, Tustin, California 92780 Lead Agency Contact Person: Cari Meyer Phone: (714) 573-3354 Project Location: 2631 Michelle Drive, Tustin, CA 92780 Project Sponsor's Name and Address: I-5 Self Storage, LLC 620 Newport Center Drive, 11 m Floor Newport Beach, CA 92660 General Plan Designation: Planned Community Commercial/Business Zoning Designation: Planned Community Industrial Project Description: Request to allow outdoor recreational vehicle storage at the I-5 Self Storage Facility Surrounding Uses: North: Interstate 5 Freeway South: Offices East: Scluck/Allied Moving Warehouse West: Apria Healthcare Office/Warehouse Previous Environmental Documentation: Negative Declaration far Zone Change 03-004 and Conditional Use Permit 03-008 certified by the Tustin City Council on July 7, 2003. B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ^Land Use and Plannuig ^Population and Housing ^Geology and Soils ^Hydrology and Water Quality ^Air Quality ^Transportation & Circulation ^Biological Resources ^Mineral Resources ^Agricultural Resources ^Hazards and Hazardous Materials ^Noise ^Public Services ^Utilities and Service Systems ^Aesthetics ^Cultural Resources ^Recreation ^Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: ^ I find that the proposed project COULD NOT have a signiFcant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ^ I find that although the proposed project could have a significant effect on the enviroi~unent, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to floe project. A NEGATIVE DECLARATION will be prepared. ^ I rind that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ^ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in ail earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Im},act" or "Potentially Signficant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ^ I find that although the proposed project could have a signific~uit effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. ® I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparers ~ l/'~ U`~' Cart Meyer, Assistant anner Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS Date: ~~ ~ ~ ~ Date ~'• i~• d~• See Attached EVALUATION OF ENVIRONMENTAL IMPACTS I. AESTHETICS -Would the project: a) Have a substantial adverse effect on a scenic vista`? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 1I. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant envirowneutal effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and Farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide lmportance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Progt•am of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act conU•act? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution conU•ol district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct inplemeutation of the applicable air quality plan? b) Violate any air quality standard or contribute substa~ttially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative tlu•esholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Nn Sai6stantial Nei~~ N/ore Chct~age From Significant S~i~cre Previotr.s Impact Impacts Analysis ^ ^ ^ ^ ~ ^ ^ ~ ^ ^ o ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ 1iV. BIOLOGICAL RESOURCES: -Would the project: a.) Have a substautial 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 Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or 11.5. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) throu~~h direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Confi7ict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTU1tAL RESOURCES: -Would the project a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5'? b) Cause a substantial adverse change in the significance of an archaeological resource pursrtant to ~ 15064.5? c) Directly or indirectly destroy a unigrte paleontological resource or site or unidue geologic Feature? d) Dishtrb any human remains, including those interred outside of formal cemeteries? Vi. GEOLOGY AND SOILS: -Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: No Srrbsturrticrl New More Change From Significant Severe Previous Impact Lnpcrcts Analysis ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ ^ ^ a ^ D ^ ^ ^ ~ ^ ^ ^ No SzrGstantiul New More Change !'corn Si,~nifrcant Severe Previous Impact lrrrpacts Anarvsrs 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 ofa known fault'? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, hicluding liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic emit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located. on expansive soil, as detined in Table 18-1-B of the Uniform Building Code (1994), creating subst~lntial 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? VILHAZARDS AND FIAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment tlu-ough the routine transport, use, i»• disposal of hazardous nl~iteri~il~'i 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 o.ne-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a .result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use au•port, would the project result in a safety hazard for people residing or working in the project area'? 1) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or workuig in the project area? ^ ^ ^ ^ ^ ^ ^ ^ ^ o ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ a ^ ^ ^ ^ a g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. i-IYDROLOGY AND 'WATER OUALiTY: -Would the project: a) Violate any water quality standards or waste discharge requu-ements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion nr siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e} Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood. hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING -Would the project a) Physically divide an established comnuutity? No Szrbstantial New Nlore Change From Sigrzircant Severe Previous Impact Impacts Analysis ^ ^ ~ ^ ^ ^ ^ ^ ^ ^ ^ 0 0 ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ b) Conflict with any applicable land use plan, policy, or regulation of au agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES -Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of alocally-important mineral resow•ce recovery site delineated on a local general plan, specific plan or other land use plan? Xl. NO15E - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards oFother agencies? b) Expostu-e of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels'? ~ For a project willun the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XILPGPULATION AND ;FLOUSING -Would the project: a) lnduce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indu-ectly (for example, through extension. of roads or other uifi-astructiu'e)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Nv Substantial Neu Vlore Change Frozn Sigrzifican! Severe Previous Inzpac! Irnpacls Analysis ^ ^ ^ ^ 0 0 ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ ^ ^ No Substar7tial New More Change From Signifrcartt Se>>ere Previous Irnpact Impacts Ar~crlysis c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ^ ^ XIIL PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new ar physically altered governmental facilities, need for new or physically altered goverrunental 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? ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ ~ XIV. RECR>rATION 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 he accelerated'? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment'? XV.TRANSPORTATION/TRAFFIC- Would the project a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., faun equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ a ^ ^ ^ o ^ No St[fistitnlii[l New More Chnnge 1'YDJJI Slgn fCa17t JG'VGY2 f YC'Vlot[8 Impact Inapacls ,gncrfysis g) Conflict with adopted policies, plans, or programs supporting alternarive transportation (e.g., bus turnouts, bicycle racks)? XV L UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the consh-uctiou of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to acconunodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples ol'the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental elf~ects of a project are considerable when viewed in comiection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly'? ^ ^ ^ ^ ~ ^ ^ ~ a ^ ^ ^ ^ ^ 0 ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ EVALUATION OF ENVIRONMENTAL IMPACTS CONDITIONAL USE PERMIT 07-023 I-5 SELF STORAGE OUTDOOR RV STORAGE 2631 MICHELLE AVENUE, TUSTIN BACKGROUND The property is located within the Irvine Industrial Complex Planned Conunuiuty District and is surrounded by the I-5 freeway to the north, aSchick/Allied moving warehouse to the east, a newly remodeled office building to the south, and ail Apria Healthcare office/warehouse to the west. The site is unproved with five (5) interconnected buildings and one (1) stand-alone building currently being developed for use as a self storage facility, and one (1) stand alone building currently being developed for use as a self storage and an office, for a total of seven (7) buildings. The conversion and construction of these buildings to accommodate a self storage use was approved under Design Review (DR) OS-014 on January 19, 2006. The proposed project is to add outdoor recreational vehicle (RV) storage to the existuig self storage facility. The project is being considered through Conditional Use Permit (CUP) 07-023. Outdoor RV storage was added to the Isvinc; Industrial Complex Planned Coirumuuty District Regulations as a conditionally permitted use in 2003 through the adoption of Ordinance 1278 for Zone Change 03-004. An analysis of envirorunental impacts due to the zone change and a proposed outdoor RV storage project was completed and a negative declaration was prepared and certified by the City Council on July 7, 2003, by Resolution 03-89. In addition, a mitigated negative declaration was prepared in conjunction with DR OS-014, finding that with the mitigation measures, the self storage facility would not have a significant effect on the environment. The proposal to add outdoor RV storage to the self storage facility at 2631 Michelle Drive is defined to be a "project" under the Califonua Environmental Quality Act (CEQA) Section 21065. Ptusuant to CEQA Guidelines, Section 15162(x), no new enviroiunental documentation is required unless there ai•e substantial changes from the previous negative declaration. This analysis is reglured to ensure that all potential unpacts identified by the previous negative declaration are addressed and there is no substantial change in impacts since the previous environmental analysis. The following evaluation provides background support for the conclusions identified in the Initial Study Checklist. The proposed project is in compliance with the standards established by the Irvine hidustrial Complex Planned Community District Regulations in regards to outdoor RV storage. The RV storage will be accessory to the primary self storage facility, located on the rear half of the lot, not covering more than 25% of the total lot area, and screened from public view on all sides. Iu addition, the storage area will not encroach into any required parking spaces or landscaped area and will not obstruct any required building entrance or exit. The project will be conditioned so that sale, service, and maintenance of RVs will not be permitted, septic dumping stations will not be established on situ, and no RV will be inhabited while being stored. Evaluation of Environmental lmpacts CUP 07-023 (RV Storage) Page 2 I. AESTHETICS Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Items a, b, c, & d - No Substantial Change From Previous Anal The proposed outdoor RV storage will not ilwolve the creation of any significant aesthetic impacts. The previous environmental analysis determined that any potential impacts related to the appearance of new outdoor RV storage uses were reduced to a level of insigiuficance tlrrough the development standards adopted for outdoor RV storage and would be enforced tlu-ough the conditional use permit process. These standards include: • Outdoor RV storage would be accessary to a primary self-storage facility use; + The RV storage area would be located on the rear half of a lot and on a corner lot, the storage area would be located in the least visible area from a private or public roadway on the rear half of the lot; • The RV storage area would not cover more than twenty-f ve (25) percent of the lot area; • 'The RV storage area would be screened on all sides with an effective combination of solid walls, solid gates, and dense landscaping; and, • The RV storage area would not encroach into required parking spaces or landscape areas. The proposed establislunent of outdoor RV storage at 2631 Michelle Drive complies with all of these development standards. The site is being developed as aself-storage facility and is surrounded by industrial development. The introduction of outdoor RV storage will not affect ally scenic vistas or scenic resources, includuig, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway, nor will it substantially degrade the existing visual character or quality of the site and its surroundings. No additional lighting is proposed as a part of this project. No impacts beyond those previously identified in the negative declaration are anticipated. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigatioi~/Monitoiing Required: None Required Evaluation of Environmental Lnpacts CUP U7-023 (RV Storage) Page 3 Sources: Submitted Plans Site observation Tustin. City Code Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution U3-89) lI. AGRICULTURAL Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Confect with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Items a, b & c -No Substantial Change from Previous Analysis: The p7•oposed outdoor RV storage will not affect any agricultural resources. At the time the zone change was adopted, the Irvine Industrial Complex was an urban, developed area, where no farmland existed. These conditions have remained the same; the project site is in an ~u-ban, developed area, and is developed with aself-storage facility. This CUP will not have au impact on any farmland or conflict with existing zoning for agriculh~ral use, an existing Williamson Act contract, or result in conversion of farmland to non-agricultural use. No substantial change is expected from the previously completed analysis. The previous enviroiunental analysis did not require any mitigation or monitoring. No new mitigation is required for this project. Mitigation Measures/Monutoring Required: None Required Sotu'ces: Tustin General Plan field Inspection Submitted Plans Tustin City Code Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) III. AIR QUALI'T'Y Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Evaluation of Environmental Impacts CUP 07-U23 (RV Storage) Page 4 c) Result in a cumulatively considerable net increase of any criteria pollutant fur which the project region is nnn-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Items a, b, c, d, & e - No Substantial Chau~e from Previous Analysis: The proposed outdoor RV storage will not involve a.ny significa~it impacts to air quality. The previous envirorunental analysis determined that allowing outdoor RV storage to he added to the Irvine Industc-ial Complex as a conditionally permitted use did not conflict with or obstruct unplementation of any applicable air plan, violate airy air quality standard, result ui a cumulatively considerable increase of any criteria pollutant as applicable by federal or ambient air quality standards, nor would it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. It was assumed that outdoor RV storage area would likely be ui an area proposed for, or used as, a parking lot, that RVs would be parked for long periods of time, aizd the vehicles would be operational for significantly less tune than passenger vehicles in a parking lot. The proposed project is consistent with these assumptions. In addition, development standards limit the use to storage only, on no more than twenty-five (25} percent of the lot area, limiting the total number of vehicles to be stored. The proposed project does not include any new structures and would be located in an area that is currently approved for and being developed as passenger vehicle parking. The only change would be u~ the layout of the parking lot. Therefore no impacts from construction or construction dust are anticipated. Since the proposed project complies with all development standards adopted for outdoor RV storage within the Irvine hidustrial Complex, no impacts beyond those previously identified in the negative declaration are anticipated and no substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigation Measures/Monitoring Required: None Required Sources: Project Application Field Inspection General Plan Tt~stu~ City Code Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) Evaluation of Environmental Impacts CUP 07-023 (RV Storage) Page 5 1V. 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 Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, tilling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? Items a, b, c, d, e. & f - No Substantial Change From Previous Analysis The proposed outdoor RV storage will not impact any biological resources. The Irvine Industrial Complex is an urban, developed area, and the project site is developed with aself- storage facility. No unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service are known to exist in the area addressed by the Irvine Industrial Complex District Regulations or on the project site at 2631 Michelle Drive. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Submitted Plans Tustin City Code Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) Evaluation of Environmental Impacts CUP U7-023 (RV Storage) Page 6 V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Items a, b, c, & d - No Substantial Change Prom Previous Analysis: The proposed outdoor RV storage will not impact any cultural resources. The Irvine Industrial Complex is an urban area that has developed and the project site is being developed as a self storage facility. No historical, archaeological, or paleontological resources are lulown to exist in the Irvine Industrial Complex or the project site at 2631 Michelle Drive. The proposed project does not involve any grading or soil excavation that might disturb ui~lown artifacts. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigation Measures/Monitoring Kequired: None Required Sources: Submitted Plans Tustin Zoning Code Tustin City Code Tustin General Plan Tustin Historical Resources Survey Report Negative Declaration for ZC 03-004 & CiJP 03-008 (Resolution 03-89) VI. GEOLOGY AND SOILS a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantiial evidence of a laiown fault? Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic ground shaking? iii. Seismic-related ground failure, including liquefaction? Evaluation of Cnvironmental Impacts CUP 07-023 (RV Storage) Page 7 iv. Landslides? b. Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d. Be located on expansive soil, as deFined in Table 18-1-B of the Uniform Building Code (1994), creating substantial 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 wastewater? Items a, b, c, d, & e - No Substantial Change From Previous Analysis: Tl~e proposed outdoor RV storage will not significantly impact geology and soils. While the Irvine Industrial Complex is not located m an area shown on the Alquist-Priolo Earthquake Fault Zoning Map, the area is known to be located on expansive soils, which have the potential to subject people or structures to strong seismic ground shaking and seismic-related ground failLU-e including liquefaction. While new outdoor RV storage uses generally would not require the construction of new strictures, the previous negative declaration determined that any potential impacts related to geology and soils could be considered on a case-by-case basis through the conditional use permit process and would likely be reduced to a level of insignificance through compliance with code provisions. The proposed project at 2b3I Michelle Drive does not include any new structures and would be located in an area that is currently approved for and being developed as passenger vehicle parking. The storage area would not be located on a geologic Ludt or soil that is unstable, and would not result in on- or ofd=site landslide, lateral spreading, subsidence, or collapse. No impacts beyond those previously identified in the negative declaration are anticipated. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Tustin City Code 2007 California Building Code Project Application Field Evaluation Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) Negative Declaration for Design Review OS-U14 Evaluation of Cnvironmental Impacts CUP 07-023 (RV Storage) Page 8 VII. I=IAZARDS AND HAZARDOUS MATERAi.S 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 reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardaus 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 or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Items a, b, c, d, e, f, g, & h - No Substantial Change From Previous Analysis: The proposed outdoor RV storage will not involve the creation of a hazard or hazardous materials. At the time of the previous environmental analysis, allowing outdoor RV storage ill the Isvine Industrial Complex was not anticipated to involve the storage, use, or transport of hazardous materials or wastes. It was determuied that any potential impacts related to hazards or hazardous materials could be considered on a case-by-case basis throw= the conditional use permit process and would likely be reduced to a level of insignificance through compliance with code provisions and conditions of approval prohibiting hazardaus materials. The area is not located within the vicinity of an au•port or an area subject to wildland fires. While the proposed self storage facility would not generate hazards or hazardous materials and does not include any hazardous material storage, the site was once occupied by a manufacturing company which left industrial contamuiation within subsurface soils. Following the closuig of the facility, in 2003, the State Department of Toxic Substances Control (DTSC) informed the City of its fatal decision on the termiliation request by Shipley of its Resource Conservation and Recovery Act Hazardous Waste Facility Permit (RCRA Permit). DTSC final decision prohibits any residential uses, hospitals, or school uses without further approval from DTSC, and requires a notice of the presence of Evaluation of Environmental Impacts CUP 07-023 (RV Storage] Page 9 industrial contaminants in subsurface soils be provided to any contractor engaged to perform subsurface work at the site. Since the proposed self storage use does not include a residential unit or manager's quarter, and the outdoor RV storage would be conditioned so that no habitation would be allowed while the vehicles are being stored, no impact to human habitation is anticipated. The storage area. would not conflict with emergency access to the building or other properties in the vicinity. No impacts beyond those previously identified in the negative declaration are anticipated. No substantial change is expected from the previously completed analysis. The previous envuoiunental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigation Measures/Monitoring Required: None Required. Sources: 2007 California Building Code Submitted Plans Tustin General Plan Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) Negative Declaration for Design Review OS-Ol4 VIII. HYDROLOGY AND WAT)JR QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) 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? fj Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation rnap? Evaluation of Cnvironmental Impacts CLIP 07-023 (RV Storage) Page ] 0 h) Place within a 100-year flood hazard area structures, which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ,j) Inundation by seiche, tsunami, or mudflow? Items a, b, c, d, e, f, g, h, i, & j - No Substantial Change From Previous Analysis: The proposed outdoor RV storage will not sigtu#icantly impact hydrology or water quality. While the Irvine Industrial Complex is not located in a flood zone area nor a dam, seiche, tsunanu, or mudt7aw inundation area, the previous analysis recognized that allowing outdoor RV storage in the Irvine Industrial Complex could result in potential impacts to groundwater or the quality of storm water rLUioff due to potential oil and gas seepage into the ground or storm drain system. Therefore, development standards were adopted which did not allow far service, maintenance, or septic dtunping on site. The previous analysis concluded that any potential impacts related to hydrology and water quality could be considered on a case-by-case basis through the conditional use permit process and would likely be reduced to a level of insignificance tluough compliance with code provisions, the National Pollution Discharge Elimination System, and conditions of approval requiring proper contaiiunent and discharge. The proposed project at 2631 Michelle Drive would be located in an area that has been approved and is being developed as part of a self storage parking lot. Since the proposed project will continue to use the site as a parking lot including outdoor storage of recreational vehicles, and using the previously approved buildings and landscaping as screening, there will be no new construction that has the potential to alter the drainage of the site. The site is not located in a flood zone or inundation area and the project would not substantially deplete groundwater supplies or interfere with groundwater recharge. Oil and gas seepage from the storage of recreational vehicles could affect the quality of storm water runoff, however, as required, the site wotild be permitted to only store vehicles and wotild not be permitted to service or maintain the vehicles. A Water Quality Management Plan (WQMP) was prepared and approved by the City's Public Works Department when the self storage facility was approved. An amended WQMP, taking the proposed RV storage into account, will be required to be approved by the Public Works Department prior to issuance of any permits related to RV storage or establishment of outdoor RV storage on the project site. Any potential impacts related to water quality will be reduced to a level of insignificance through compliance with existing code provisions and the National Pollution Discharge Ehinunation System, requiring proper coutauunent and discharge. No impacts beyond those previously identified in the negative declaration are anticipated. No substantial change is expected from the previously completed analysis. The previous enviroiunental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigation Measures: None Required. Evaluation of)/nvironmentaJ Impacts CUP U7-U23 (RV Storage) Page ] 1 Sources: Field Verification SLlbI111t~teCl Plans Tustin City Cade California Seismic Hazard Zone Map, Tustin Quadrangle Federal Insurance Rate Map Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) Project WQMP, dated December 20, ?006 iX. LAND USE ANll PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Items a, b & c - No Substatltial Change From Previous Anal.r~ sis: The proposed outdoor RV storage will not directly cause land use and planning impacts. The previous environmental analysis determined that adding outdoor RV storage as a conditionally permitted use is consistent with the "Planned Community CommerciaUBusiness" General Plan land use designation for the Irvine Industrial Complex, which provides for a variety of commercial and industrial uses. In general, storage facilities al-e consistent with uses in the Commercial/Business land use designation in that they are a selvice-oriented activity serving a commtlniry wide area. h was determined that potential land use impacts of new outdoor RV storage facilities could be addressed through the conditional use permit process and any potential impacts can be reduced to a level of insignificance through compliance with the development standards and the imposition of conditions of approval. The proposed project at 2631 Michelle Drive would be located ul an area with similar uses, alld would comply with the General Plan Land Use designation and Irvine Industrial Complex regulations. The facility would be located on a developed property, in an area currently approved for and being developed as vehicle parking. The project will not physically divide an established community or conflict with any applicable habitat conservation plan. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigation Measures: None Required. valuation of Environmental Impacts CUP 07-023 {RV Storage) Page 12 Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Map Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be a 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? Items a & b - No Substantial Change From Previous Analysis: The proposed outdoor RV storage will not impact any mineral resources. The previous environmental analysis did not anticipate that allowing outdoor RV storage in the Irvuie Industrial Complex would result in the loss of a known mineral resource or availability of a locally ul~portant mineral resource recovery site delineated on the General Plan or other applicable land use maps. Any potential impacts related to a known mineral resource are considered on a case-by-case basis through the conditional use permit process. The proposed project at 2631 Michelle Drive is currently under development to include buildings totaling 227,139 square feet to be used as self storage, a 2,774 square foot office, a parking lot, and landscaped area. There is no known mineral resource, or availability of a locally important mineral resource recovery site. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional znitigat7on or mozutoring. No new mitigation is required for this project. Mitigation Measures/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code Tustin General Plan Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) Negative Declaration for Design Review OS-014 XI. NOISE a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Evaluation of Environmental Impacts CUP 07-023 (RV Storage) Page l3 b) Exposure of persons to or generation of excessive ground borne vibration or ground borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels'? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Items a, b~ c, d, e & f-No Substantial Change From Previous Analysis: The proposed outdoor RV storage will not uivolve the creation of any significant noise impacts. T'he previous environmental analysis concluded that allowing outdoor RV storage as a conditionally permitted use witln the Irvine Industrial Complex would not expose persons to noise levels in excess of local standards or permanent ambient noise levels existing without the project. However, it was determined that there is the potential to expose persons to ground borne vibrations and temporary ambient noise above levels existing without the project. Long-term velicle storage may result in vehicle owners starting stored vehicles and allowing them to idle for longer periods of time compared to passenger vehicles parked in a parking lot. However, since all vehicle storage facilities are required to comply with the Tustin Noise Ordinance and are required to occur on the rear of the lot, adequately screened, and not permitted to conduct vehicle servicing or maintenance, no significant increase in ambient noise levels were anticipated. New projects are considered on a case-by-case basis for potential noise unpacts to the neighboruig properties. Any development within the City is s~~bject to the City's noise standards thus reducing any potential unpacts to a level. of insignificance. The proposed outdoor storage facility at 2631 Michelle Drive includes long-term vehicle storage, wlich may result in vehicle owners starting stored vehicles and allowing them to idle for longer periods of time compared to passenger vehicles parked in a parking lot. This could potentially increase the ambient noise level in the vicinity of the project However, as the storage facility is located on the rear half of the lot, sun•ounded by other buildings in the same self storage complex, not located in close proximity to any residential uses, in compliance with all development standards established for outdoor RV storage, and in an area developed with industrial buildings, it is not anticipated to have any negative impacts in the vicinity of the project. No impacts beyond those previously identified in the negative declaration ~~re anticipated. No substantial change is expected from the previously completed analysis. The previous environmental. analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Evaluation of Environmental impacts CUP 07-023 (RV Storage) Page 14 Mitigation Measures/Moiutoring Required: None Required Sotu-ces: Submitted Plans Tustni City Code Tustin Genera] Plan Tustin Zoning Code Negative Declaration for ZC 03-004 & CUP 43-008 (Resolution 03-89) XII. POPULATION & IIOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)'? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Items a, b, & c - No Substantial Change From Previous flnalvsis The proposed outdoor RV storage will not directly cause population and housing impacts, nor induce substantial population growth in the area. The previous environmental analysis deterinin:ed that allowing outdoor RV storage as a conditionally permitted use withui the Irvine Industrial Complex would not be expected to induce substantial population growth u~ the area. Outdoor RV storage is conditionally permitted only as an accessory use to a self- storage facility, therefore it does not displace existing housing or people resulting in construction of replacement housing elsewhere. The Irvine Industrial Complex is developed with non-residential uses, and the project site is being developed as aself-storage facility. Since the lot has been approved for and is being developed as aself-storage facility and parking facilities, continuing to use the parking areas as vehicle storage would not displace substantial numbers of people, necessitating the construction of replacement housing elsewhere. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional Mtigation or monitoring. No new mitigation is required for this project. Mitigation Measures/Monitoring Required: None Sources: Submitted Plails Tustin City Code Tustin General Plan Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) Evaluation of Environmental Impacts CUP 07-023 (RV Storage) Page I ~ XIII. PiJBLIC SERVICES Would the project: a) Would tl~e 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: i. Fire Protection? ii. Police Protection? iii. Schools? iv. Parks? v. Other Public Facilities? Item a - No Substantial Change From Previous Analysis: The proposed outdoor RV storage will not directly cause public services impacts. The Irvine Industrial Complex is an urban, developed area where fire and police protection are clu7ently provided, and the project site is being developed with aself-storage facility. An increase in public services, or demand for an alteration of or addition to, govetrunent facilities or services (i.e. schools, parks, and other public facilities), was not anticipated as a result of adding outdoor RV storage to the Irvine Industrial Complex District Regulations. The proposed project at 2631 Michelle Drive, as it complies with a.ll development standards established by the previous zone change, is not a~lticipated to change the demand for public services. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigation Measures/Moiutoring Required: None Sources: Subnvtted Plans Tustin City Code Tustin General Plan Negative Declaration for ZC 03-004 & CUP 03-OOS (Resolution 03-59) XIV. RECREATION Would the project: a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Cvaluation of Environmental lmpacts CUP 07-023 (RV Storage) Page 16 Items a & b - No Substantial Change From Previous Analysis: The proposed outdoor RV storage will not directly cause recreation impacts. Since recreational vehicles are intended for long-distance travel, and destination-oriented locations, adding outdoor RV storage as a conditionally permitted use to the Irvine Industrial Complex was not anticipated to uicrease the use of existing parks or contribute to a substantial deterioration of park facilities or include recreational facilities that would have an adverse physical effect on the environment. No parkland dedication was required as a result of the zone change or by the establishment of a conditionally permitted outdoor RV storage facility. The project at 2631 Michelle Drive complies with all development standards established by the zone change and no substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or monitoring. No new mitigation is required for this project. Mitigation Meastues/Monitoring Required: None Required Sources: Submitted Plans Tustin City Code 'Tustin General Plan Negative Declaration for ZC 03-004 & CUP 03-008 (Resoltrtion 03-89) XV. TRANSPORTATION & CIRCULATION Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)'? b} Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a changern air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Evaluation of Environmental Impacts CUP 07-023 (RV Storage) Page 17 Items a, b, c, d, e, f 8c ~ - No Substantial Chance From Previous Analvsis The proposed outdoor RV storage will not directly cause transportation and circulation impacts. The previous environmental analysis determined that, while allowing outdoor RV storage in the Irvine Industrial Complex would not result in a change in air traffic patterns or conflict with adopted policies, plans or programs supporting alternative transportation, it could result in potential impacts to on-site parki~ig since the RVs would possibly be stored within existing parking spaces. The previous analysis determined that any potential impacts related to parking could be considered on a case-by-case basis through the conditional use permit, and would likely be reduced to a level of insignificance through compliance with existing code provisions and as required by the proposed development standards. It was also not anticipated to cause a significant increase in traffic, exceed a level of service standards for designated roads or highways, or result in inadequate emergency access. Based upon the Tustin General Plan Traffic Analysis, the Average Daily Trip (ADT) trip generation rate for light isidustrial/industrial pailcs is 13.00 trips per Thousand Square Feet (TSF); the ADT trip generation rate for a storage use is 2.00 per TSF. No impacts were anticipated related to traffic. The proposed facility at 2631 Michelle Drive would be located in an area that is currently approved for and being developed as a parking lot for a self storage facility. According to the parking standards of the Irvine Industrial Complex, the self storage facility is required to have eighty-eight (88) parking spaces. In addition to the proposed RV parking spaces, ninety-one (91) passenger vehicles parking spaces are proposed to be provided for customer parking along with seven (7) additional loading spaces. The use is also not anticipated to cause a significant increase in traffic, exceed level of service standards for designated roads or highways, or result in inadequate emergency access. No impacts beyond those previously identified in the negative declaration are anticipated. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or monitoring. Na new mitigation is regtured for this project. Mitigation Measures/Monitoring Required: None Required Sources: Submiried Plans Tustin General Plan Tustin City Code Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89j XVI. UTILITIES & SERVICE SYSTEMS Would the project: a} Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b} Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Evaluation of Environmental Impacts CUP 07-023 (RV Storage) Page 18 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d} Aave suft~icient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the projject's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Items a, b, c, d, e, f & ~ - No Substultial Change From Previous Analvsi The proposed outdoor RV storage will not sigiuficantly impact utilities and service systems. The previous enviroiunental analysis determined that allowing outdoor RV storage in the Irvine Industrial Complex would not permit a use that generates solid waste disposal. As adopted, a septic dumping station would not be permitted to be established on-site, and the use was not anticipated to exceed wastewater treatment requirements, or require new water, wastewater, or storm water drainage facilities. The previous environmental analysis deteilnined that outdoor RV storage facilities could be considered on a case-by-case basis through the conditional use permit process and would likely be reduced to a level of insignificance through compliance with code provisions and conditions of approval. The proposed facility at 2631 Michelle Drive wotild be located in an area that is ctucently being developed for passenger vehicle parking for a self storage facility. The proposed use would be primarily the same as the existing use, and is not anticipated to exceed wastewater treatment requirements, or result in the construction of new water or wastewater treatment facilities, or require the constriction of new storm water drainage facilities. As required by the district regulatiocLS, no septic dumping stations will be permitted to be established on site, therefore the site is not anticipated to produce a significant amotult of solid waste, and would comply with federal, state, and local stahrtes and regulations. No unpacts beyond those previously identified in the negative declaration are anticipated. No substantial change is expected from the previously completed analysis. The previous environmental analysis did not require any additional mitigation or moiutoring. No new mitigation is required for this project. Mitigation Measures/Motutoring Required: None Required. Sources: Subn>jtted Plans Tustin City Code Tustin General Plan Negative Declaration for ZC 03-004 & CUI' 03-008 (Resolution 03-$9) Evaluation of Environmental Impacts CUP 07-023 (RV Storage) Page 19 KVII. 1VIANDATUR'Y F1ND[NC~S OF SIGNTFi[CANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Items a, b & c - No Substantial Change From Previous Analysis: Based upon the foregoing, the proposed project does not have the potential to degrade the quality of the envirorunent, substantially reduce the habitats or wildlife populations to decrease or threaten, eluiunate, or reduce anmal ranges, etc. The proposed project does not cause unmitigated environmental effects that will cause substantial effects on htunan beings, either directly or indirectly. In addition, the proposed project does have air quality impacts that are individually limited, but cumulatively considerable when viewed in connection other outdoor RV storage facilities. The previous environmental analysis determined that adding outdoor RV storage to the Irvine Industrial Complex as a conditionally permitted use and conditionally permitting the use at self storage facilities would comply with the regulations of the Communty Development Department, Air Quality Management District, and Orange County Fire Authority, which reduces any potential impacts, related to aesthetics, air quality, biological resotuces, geology and soils, hydrology and water quality, traffic, and noise to a level of iusignificauce. The project does not have the potential to degrade the quality of the environment nor achieve short-term enviroiunental goals to the disadvantage of the long- term. It does not have impacts that are individually limited but cumulatively considerable or that would cause substantial adverse impacts on human beings. Sources: Submitted Plans Tustin City Code Tustin General Plan Negative Declaration for ZC 03-004 & CUP 03-008 (Resolution 03-89) EKHIBIT B TO RESOLUTION N0.4099 Conditions of Approval EXHIBIT B RE50LUTION N0.4099 CONDITIONAL USE PERMIT 07-023 CONDITIONS OF APPROVAL GENERAL (1) 1. 1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 26, 2008, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Community Development Director may also approve subsequent minor modifications to the use if such modifications are consistent with provisions of the Tustin City Code. (1) 1. 2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1. 3 All conditions in this Exhibit shall be complied with, subject to review and approval by the Community Development Director. (1) 1. 4 Conditional Use Permit 07-023 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in Exhibit A of Resolution No. 4099 or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. (1) 1. 5 Approval of Conditional Use Permit 07-023 is contingent upon the property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3} CALIFORNIA CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY **'" EXCEPTIONS Exhibit B Resolution 4099 CUP 07-023 Page 2 (1) 1. 6 As a condition of approval of Conditional Use Permit 07-023, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1. 7 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the Tustin City Code. (1) 1. 8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the Tustin City Code. USE RESTRICTIONS (1) 2. 1 Only recreational vehicles meeting the definition contained in Section III of the Irvine Industrial Complex Planned Community District Regulations, adopted by Ordinance 1278, shall be authorized to be stored on-site. (1) 2. 2 The RV Storage shall be accessory to the primary self-storage facility. If the primary use ceases, the use of the outdoor recreational vehicle storage shall cease. (1) 2. 3 The RV Storage area shall be located on the rear half of the lot. No RV Storage is permitted to be on the front half of the lot. (1) 2.4 The RV Storage area shall not cover more than 25 percent of the total lot area. (1) 2.5 No outdoor storage, other than storage of recreational vehicles, is permitted on the site. (1) 2. 6 The RV storage area shall be screened on all sides with an effective combination of solid walls, solid gates, and dense landscaping. (1) 2. 7 The RV storage area shall not encroach into required parking spaces or landscape areas. Exhibit B Resolution 4099 CUP 07-023 Page 3 (1) 2. 8 No vehicle shall be parked or stored in a manner which obstructs access to any door, window, or other entrance to, or exit from, any building. (1) 2. 9 The sale, service, or maintenance of recreational vehicles on-site shall not be permitted. (1) 2. 10 No septic dumping station shall be established on-site. (1) 2. 11 No recreational vehicle shall be inhabited while being stored. BUILDING (1) 3. 1 At the time of building permit application, the plans shall comply with the 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2005 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations 2005 Edition. (1) 3. 2 Prior to permit issuance, clearance from the Orange County Fire Authority is required. (1) 3. 3 Prior to issuance of a demolition, precise/rough grading, and/or building permit with a valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on City approved forms. (1) 3.4 At least 50 percent of the construction debris shall be diverted from landfill to the recycling plants. A security deposit in the amount of five percent of the project construction valuation for a C&D will be collected prior to issuance of permit. Priar to final inspection, the applicant shall submit to the City of Tustin documents (i.e. receipt from vendor) showing actual weight or volume of each material of C&D diverted to the recycling center (City Ordinance 1281). For any questions or concerns, please contact Joe Meyers, Administrative Services Manager for the Public Works Department at (714) 573-3173. PUBLIC WORKS (1) 4.1 The applicant shall not alter the condition of or construct any improvements or structures within the public right-of-way without the approval of the City's Public Works Department. (1) 4.2 The activities shall not operate in such a manner that would impact any traffic lanes, cause back-up (queuing) of vehicles into the public right-of- Exhibit B Resolution 4099 CUP 07-023 Page 4 way, or create any unsafe conditions. The applicant shall be responsible for any damage to public facilities within the public right-of-way. {1) 4.3 Prior to issuance of any permits, the applicant shall submit for approval, by the Community Development and Public Works Departments, an amendment to the approved Water Quality Management Plan (WQMP) to include R.V. storage. (1) 4.4 Prior to submittal of the amended Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $700.00 to the Public Works Department for the estimated cost for reviewing the WQMP. POLICE (1) 5.1 Adequate access per the City of Tustin Police Department and the Orange County Fire Authority regulations shall be permitted at all times. (1) 5.2 Monitoring of the security cameras shall be provided by an off-site security firm while the business is closed. ORANGE COUNTY FIRE AUTHORITY (1) 6.1 All revisions and/or changes to the plans are subject to review and approval by the OCFA. FEES (1) 7.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning Plan Check and Permit Fees • Orange County Fire Authority Fees (1) 7.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.