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Home My WebLink About02 CA 09-003, DR 09-004, CUP 09-004Report to the Planning Commission DATE: AUGUST 25, 2009 SUBJECT: CODE AMENDMENT 09-003 DESIGN REVIEW 09-004 CONDITIONAL USE PERMIT CUP 09-004 PROPERTY OWNER: NE ENTERPRISES INC. 3861 WISTERIA ST. SEAL BEACH, CA 90740 APPLICANT: TUSTIN FIELD GAS & FOOD PARMJEET & DIDAR SINGH 3017 EDINGER AVE. TUSTIN, CA 92780 LOCATION: 3017 EDINGER AVE. ITEM #2 TUSTIN GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY INDUSTRIAL (PC -IND) :fLTk1gKirkhvjF w1 j STATUS: PREVIOUS NEGATIVE DECLARATIONS HAVE BEEN ADOPTED FOR THE DEVELOPMENT OF JAMBOREE PLAZA. PURSUANT TO SECTION 15162 OF THE CEQA GUIDELINES, IF NO NEW EFFECTS WOULD OCCUR AND NO SUBSTANTIAL INCREASE IN PREVIOUSLY IDENTIFIED IMPACTS WOULD OCCUR, THEN NO SUPPLEMENTAL OR SUBSEQUENT ENVIRONMENTAL DOCUMENTATION IS REQUIRED. A WRITTEN ENVIRONMENTAL ANALYSIS CHECKLIST WAS PREPARED FOR THE PROJECT. THE ENVIRONMENTAL ANALYSIS CHECKLIST CONCLUDED THAT THE PROPOSED PROJECT DOES NOT RESULT IN ANY NEW SIGNIFICANT ENVIRONMENTAL IMPACTS, SUBSTANTIAL CHANGES OR A SUBSTANTIAL INCREASE IN THE SEVERITY OF ANY PREVIOUSLY IDENTIFIED IMPACTS, AND NO NEW INFORMATION OF SUBSTANTIAL IMPORTANCE HAS SURFACED. Planning Commission Report CA 09-003, CUP 09-004, DR 09-004 Page 2 REQUEST: A REQUEST FOR AUTHORIZATION TO CONSTRUCT A SELF- SERVICE CARWASH IN CONJUNCTION WITH AN EXISTING SERVICE STATION AND FOOD -MART (DR 09-004); TO REDUCE THE BUILDING SETBACK FROM EDINGER AVENUE FROM 30 FEET TO 15 FEET IN THE JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS (CA 09- 003); AND TO ALLOW AN UPGRADE OF AN EXISTING ALCOHOLIC BEVERAGE CONTROL (ABC) LICENSE FOR THE SALE OF GENERAL ALCOHOL FOR OFF-SITE CONSUMPTION (CUP 09-004). RECOMMENDATION That the Planning Commission adopt Resolution No. 4126 recommending that the City Council: 1. Adopt findings that the project is within the scope of the previously approved Negative Declarations for Jamboree Plaza. 2. Adopt Ordinance No. 1370 approving Code Amendment 09-003, to reduce the building setback along Edinger Avenue from thirty (30) feet to fifteen (15) feet within the Jamboree Plaza Planned Community District Regulations; 3. Approve Design Review 09-004 to establish a self-service carwash located at 3017 Edinger Avenue; and, 4. Approve Conditional Use Permit 09-004 amending Conditional Use Permit 98- 013 to allow for the sale of general alcoholic beverages for off-site consumption (ABC Type 21 License). Planning Commission Report CA 09-003, CUP 09-004, DR 09-004 Page 3 BACKGROUND Site and Location The project site is located on the southeast corner of Edinger Avenue and Jamboree Plaza Drive within the Planned Community Industrial (PC -IND) zoning district and designated as Planned Community Commercial/Business by the City's General Plan (Attachment A — Location Map). The site is included within Jamboree Plaza and is regulated by the Jamboree Plaza Planned Community District Regulations, which allows for a variety of industrial, office, and commercial uses. Existing on the subject property is a 76 gasoline service station which provides twelve (12) fueling positions. Also existing on-site is a 1,988 square foot food mart which includes a combined Circle K store as well as a Subway sandwich shop. Railroad Tracks it nuwl,w_1, nl...... LWo, I "I.l"-11 � '• • � .r.• i n . � O�KF, GC'.%lAN/YIYYdN/LIIYat'/<C \ }' _ IIVI 11114 II1111111 111 1 ::IA 11111:1. r•' III rlY 4 I /// / / 1�1h£ • �—lf 111 1 71 11102 Edinger Avenue De` Jarrlboree Road JAMBOREE PLAZA — I'ZIWI///i/6i ��f 4rEPCAN a L. 1.. ARCHITECTS ORANGE Jamboree Plaza is a triangle shaped commercial/industrial center of approximately 17.5 acres in size and is bounded by Jamboree Road to the east, Edinger Avenue to the south and west, and the Orange County Transportation Authority (OCTA) railway to the north. The Tustin Metrolink Commuter Station lies just to the north of Jamboree Plaza along the railway. Access to the Tustin Metrolink Station is provided through Jamboree Plaza. Jamboree Plaza consists of four separate land use areas that allow for various commercial/industrial activities, some of which include: retail, commercial, office, Planning Commission Report CA 09-003, CUP 09-004, DR 09-004 Page 4 automotive services, warehousing, and light industrial uses. There is a total authorized building square footage of 163,200 square feet for Jamboree Plaza and the center is built out. Surrounding uses include similar industrial and commercial business uses located to the north of Jamboree Plaza across the railroad tracks and within the Irvine Industrial Complex. To the south and east of the site across Jamboree Road are newer residential uses that have been developed at Tustin Legacy. Directly across Edinger Avenue to the west of the site is undeveloped land located at Tustin Legacy. This vacant land is proposed for future residential uses. PROJECT DESCRIPTION Design Review The proposed carwash would be located along the westerly elevation of the existing food mart building adjacent to Edinger Avenue. The carwash would occupy an existing drive- through lane that has been abandoned. Placement of the proposed carwash tunnel would almost exactly overlay the existing abandoned drive-through lane. Approximate dimensions of the proposed carwash tunnel are 17 feet by 75 feet with the length of the tunnel matching up to the length of the existing building on that elevation. At 17 and a half feet, the height of the proposed tunnel would be lower than the existing building height of 21 feet and tower element height of 28 feet. The gross building square footage of the proposed carwash would be 1,340 square feet. The proposed project would meet the maximum building square footage thresholds and maximum lot coverage as required by the District Regulations. Self-service carwashes are also permitted uses within Jamboree Plaza and all potential impacts associated with the use have already been evaluated. Planning Commission Report CA 09-003, CUP 09-004, DR 09-004 Page 5 The design of the tunnel would emulate elements of the Tustin blimp hangars which are located just across Edinger Avenue at Tustin Legacy and currently visible from the project site. Materials, colors, and finishes would be compatible with the existing structures on- site as well as those within Jamboree Plaza. Due to the curvature of the proposed tunnel, the massing of the structure would appear to gradually step back from Edinger Avenue. Minimal landscaping would need to be removed in the planter area behind the sidewalk as a result of the carwash tunnel. Condition 2.2 of Exhibit C of Resolution No. 4126, requires the applicant to replace any existing trees that would need to be removed as a result of the project. Existing trees along Edinger Avenue would effectively screen the proposed carwash from most angles available to motorists along the street. A substantial change to the existing view along Edinger Avenue as a result of the carwash is not anticipated due to the placement and configuration of existing trees. Staff does not anticipate any parking issues arising as a result of the proposed self- service carwash, and the Jamboree Plaza Planned Community District Regulations do not identify any requirement of additional parking stalls for self-service carwashes. Implementation of the project would result in the loss of two existing parking stalls on- site. The third amendment to the Jamboree Plaza reciprocal easements and CC&Rs (April 1, 1999) allots users of Phase I (includes 3017 Edinger Ave) the exclusive rights of thirteen (13) parking spaces. Pursuant to proposed Condition 2.11 of Exhibit C Resolution No. 4126, the project has been conditioned to maintain the use of these necessary off-site parking stalls. Planning Commission Report CA 09-003, CUP 09-004, DR 09-004 Page 6 I f GIN if: ISH Planning Commission Report CA 09-003, CUP 09-004, DR 09-004 Page 7 Code Amendment Currently the existing building is setback thirty-one (31) feet from Edinger Avenue and an abandoned drive-thru lane also exists within the thirty-one (31) foot setback area. Other buildings' setbacks within the Jamboree Plaza vary approximately between eighteen (18) feet to thirty (30) feet from Edinger Avenue due to acceleration/deceleration lanes entering and exiting Jamboree Plaza and bus turn -out. The Jamboree Plaza Planned Community District Regulations require a minimum building setback of thirty (30) feet from Edinger Avenue. The proposed carwash tunnel would be set back fifteen (15) feet from Edinger Avenue utilizing the existing drive-thru lane; thus, does not meet the minimum building setbacks as identified in the Jamboree Plaza Planned Community District Regulations. Accordingly, the applicant has requested a code amendment to reduce the required building setback from Edinger Avenue to fifteen (15) feet. Although the original intent of the Jamboree Plaza district regulations was to require a minimum thirty (30) foot building setback; in actuality several buildings are set back less than the required thirty (30) feet to accommodate traffic pattern and bus turn out along Edinger Avenue. The proposed fifteen (15) foot setback utilizing the abandoned drive-thru lane does not appear to change the streetscape of Edinger Avenue significantly. The proposed new setback would be consistent with other existing buildings within the Jamboree Plaza. In addition, all other district regulations remain the same including total authorized square footage and uses authorized. Code Amendment 09-003 would not change any uses or intensity of the project site. Code Amendment 09-003 would amend Section 3.761 a. of the Jamboree Plaza Planned Community District Regulations to read as follows: 3.7 GENERAL DEVELOPMENT STANDARDS B. Minimum Building Setbacks... 1. From Jamboree Plaza Planned Community District Boundaries... a. Edinger Avenue —a minimum of thirty (30) fifteen (15) feet. Conditionai Use Permit There is currently an ABC Type 20 License existing at the property for the sale of beer and wine for off-site consumption. On August 10, 1998, the City of Tustin Planning Commission adopted Resolution No. 3606, approving Conditional Use Permit 98-013 authorizing the sale of off-site beer and wine at the subject location. Condition No. 2.2 of Resolution No. 3606 requires that CUP 98-013 be amended prior to offering other types of alcoholic beverages for sale. The applicant is proposing to operate with a Type 21 ABC License which would also allow for the sale of hard liquor in addition to the beer and wine for off-site consumption. The hours of operation is proposed to remain the same with the Planning Commission Report CA 09-003, CUP 09-004, DR 09-004 Page 8 sales of off-site alcoholic beverages limited from 6:00 a.m. to 2:00 a.m. as approved by CUP 98-013. CUP 09-004 has been submitted by the applicant to amend Condition No. 2.2 and authorize a Type 21 License for the establishment. If approved, CUP 09-004 would supersede previously approved CUP 98-013. ENVIRONMENTAL A Negative Declaration for the development of Jamboree Plaza was adopted by the Tustin City Council on June 3, 1991, through Resolution No. 91-75. Said Negative Declaration evaluated the environmental impacts associated with Zone Change 90-01, Tentative Parcel Map 90-292, Tentative Parcel Map 90-293, and Design Review 90-40 which were approved by the Planning Commission and City Council for the implementation of the Planned Community District Regulations for Jamboree Plaza as well as approved the initial project design and subdivision. Various changes occurred in the development of Jamboree Plaza over the next few years including the inclusion of a commuter rail station which is currently used by Metrolink. On November 3, 1997, the City Council adopted Resolution No. 97-108 adopting a Tiered Negative Declaration to amend the existing Jamboree Plaza Planned Community District Regulations and adjust the project boundaries. Associated with this project were approvals for Zone Change 97-002, Tentative Parcel Map 97-016, and Design Review 97- 016 for the further development of individual building sites and additional uses within Jamboree Plaza. On December 1, 1997, the City Council adopted Resolution No. 97-111 adopting a Negative Declaration for Zone Change 97-004 to allow for self-service carwashes within Jamboree Plaza. The Planned Community District Regulations for Jamboree Plaza previously allowed full-service carwashes as permitted uses, and this zone change amended the text to also allow self-service carwashes as permitted uses. In approving Conditional Use Permit 98-013 for the sale of alcoholic beverages for off-site consumption, the Planning Commission adopted Resolution No. 3606 determining that it was categorically exempt (Class 1) from further environmental review pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. Subsequently, the City prepared an Environmental Analysis Checklist to evaluate the potential environmental impacts associated with Code Amendment 09-003, Conditional Use Permit 09-004, and Design Review 09-004. The Environmental Analysis checklist demonstrates that all potential impacts of the project were addressed by the certified Negative Declarations and no additional impacts have been identified. A decision to recommend that the City Council approve the proposed project may be supported by the findings contained in Resolution No. 4126. Planning Commission Report CA 09-003, CUP 09-004, DR 09-004 Page 9 Ry Swionte Associate Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Resolution No. 4126 Z,Z Elizabeth A. Binsack Community Development Director i. Exhibit A — Environmental Analysis ii. Exhibit B — Code Amendment 09-003 (Draft Ordinance No. 1370) iii. Exhibit C — DR 09-004 and CUP 09-004 Conditions of Approval S:\CDD\PCREPORT\2009\CA 09-003, DR 09-004, CUP 09-004.DOC ATTACHMENT A Location Map LOCATION MAP/-/ Loco -n oN L NO SCALE ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CA 09-003, DR 09-004 AND CUP 09.004 2. LOCATION: JAMBOREE PLAZA 3. ADDRESS: 3017 EDINGER AVENUE 4. APN(S):434-201-12 5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: CUP 98-013 6. SURROUNDING LAND USES: NORTH: INDUSTRIAL/COMMERCIAL SOUTH: RESIDENTIAL EAST: RESIDENTIAL WEST: VACANT LAND - PLANNED RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: PC -IND SOUTH: MCAS TUSTIN SPECIFIC PLAN EAST: MCAS TUSTIN SPECIFIC PLAN WEST: MCAS TUSTIN SPECIFIC PLAN 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: PC COMM ERCIAUBUSIN ESS SOUTH: MCAS TUSTIN SPECIFIC PLAN EAST: MCAS TUSTIN SPECIFIC PLAN WEST: MCAS TUSTIN SPECIFIC PLAN 9. SITE LAND USE: A. EXISTING: SERVICE STATION/CONVENIENCE STORE B. PROPOSED: SAME C. GENERAL PLAN: PC COMMERCIAUBUSINESS D. ZONING: PC -IND PROPOSED GP: SAME PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 24.277 S.F. 11. BUILDING LOT COVERAGE: 50% MAX. PERMITTED 29% PROPOSED 12. SITE LANDSCAPING: SCREENING REQUIRED SCREENING PROPOSED 13. OPEN SPACE: N/A REQUIRED N/A PROPOSED 14. PARKING: 15 REQUIRED 15 PROPOSED 15. BUILDING HEIGHT: 45 FEET REQUIRED 28 FEET EXISTING 16. BUILDING SETBACKS: REQUIRED PROPOSED FRONT: 30 FEET 15 FEET SIDE: SAME SAME REAR: SAME SAME 17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) NONE ATTACHMENT C Submitted Plans NOTES: W,QM P / B.M.P. PER STATE AND LOCAL MANDATES: (PXISTMII I STIRVAC} INIMNAW (MNd1 THTI CANOPY AND ARNLINI) UfFnall.INIANOM1 ARL IP ERAIN TRRCRUIHP. CAnU I{AMN WI'1'11 VOR311, I RI('ITIA ¢ QXISTMtiI ].511'1: SIIRfFlt13 GRAM 51InLL RG ORAINRD II@OI X11 TI Qi 41TCN 13AYIN BLR W.O.MP. 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AlloWlio, M1va rtlll lona minirenxm lu rce IM1e CeyM1icr Irt Aua11&n1 I'ho, kk t Ioft Ode we PmaM1eud at lot P 115,krare utwrmp llln Cot Wolf PIVn'N'o' I'll..II¢II"lot' "o". oowoaaho9y. ib uww un wilt molllpli' mlreluua cin Ills' pomM1llu Ro Coo WmM1 Twbd Rom So, Cwhkr H' -F• PARI 'II'Ir:M II RIA%:R WAI.I� `}1 xwbr 4'X 6 Of.(IpRATlrll B 11V SIN II 1. \4A1.1 IhIAT IIIl1[1'IN1i1 REFUSE RECYCLE O .11.11 q1 h 'fA 1. DnOR NrR>R D IYI. t h \I TRASH ENCLOSURE. PLAN Nis I1 ELEVATION NIS PROJECT DATA PROJEI7T 'o wo,ICA1llu-IYJ} I�A'109AW IDR1119014 III [If MAIRTSA 3017 S .E Aw 'Iltehq CA, 99160 AI+N 434-10612 4111. AREA I '_4.]W SI. IT' 21lNNINO. PPWU.JumMrd PWm l)14o-IClswullwJu IJ- Ill I'SUUr ll lI MAN Il I al Pend WIN, VI `ps SII1' PI aV IC111YTIN(11 A11 WAIPXI:TINl11 SPITI AN I l n_g9J1 lo III,N N(1 R1IX 1•VF8 SJ. Rp. 19 u: F II AN IANVI'Y. 641ITs 3.7SIIMQ II' Wl N I' 111ITIN(I PUMITI(INS II I 114 N Nt I I I I! LAN111UNII 4653 1} IT IR%IN IN(T III REMAIN; II IWC51 1'ARiCm RNSI ANDARD WU.IIDINll 61 NANIRCAPPk'D 1111 V A I RIN 111111 1 A71. TANKS. M2(lof, ISWU WL) WI p I I I aal!lNUlili V61Wj (iHLhYL TRAP 01(750 LAI -I I "All I I NLI A 1X1031;' 101INj.17 Lit STMT TAIll Z 1XI1M I I I) U!MNN IN I I MA VMAI LD CAR WASH AL IIUN [tl IIUN f,911 InNf%14'1IN1119111.IgN1:INhIIN1, I III I IANUPYANI) I'IN III IAJI%AN4=74Ror YN9. RIIILOW I DA A I PPOINNSIPM JAMBOREE ROAD 170vNM1=10IDNAITL'AR WASH ADIIUll'I'IIIAl, WEI,IIDINO I9'}M'MLN'I' RRtm-13ANoF '51N NIMJII ('A1I WAS) I I Q1I IWMI N I IaMIM 000 III I21x ILII trIT ARUT RPER WV MD 1RT LtTRRM5NTA 1NnJnp'IIIIIIJI I ANONVAPC ANO PLANTERS 1,03.1Y' LANORCAI'1!9HALLRLMAIN ANf)NO PRDiM SIIALLBL RL'MD'/RD I'JYe IIN�II IINIX.VtlIIR,V W''1 RIyCYC'IJ', }1N A[ll R41Y l}0y' RoK I IIWI 1< NI Do, Sol Mo. 1714,11117 MN MDIYIISN. 3017 p. r,i, Ao I'u 4L9iWI m.upll0.'I' N Mn@wdlm LIS551 Pool 19 1)974'v' \Irl.l I9 "152Q1e'u ll II .Cu 11544 h -Indy, NM151511NWUINI.1,1IS 111. 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I a/� U III ill FNCIa.II6E W �Oz uYrx 0 ------------et7------- ------------------ JAMBOREE PLAZA F ll B IIARY i+ YFWf11111 Q ue C -------------_ P4' S�.SR ----'-------�--E4__ -- ------ - ------- --------- —_ 19.84' _ % 8 u ul,nv; , n I �: � � Q x wlll nlwnlx I 1 ^� NILllILVN ILI I MAN I Aril MAII Il( All WANII IIt()I )MDI B O / 000 /C /h FOOD XAR: &UILIHNG .a \` u tlu W 7 �� 4y e, �. q° �I / ro 9 O _ o� ¢ Hill O w o \\ O � O R d O RECEIVED k - O a all ¢ a O W 1 JUN 3 0 2009 1 2 3 O G) O !i 4, 5 fi O Q (D o %/ DEVELOPMENT BY s vx n ..0 ry , SITE PLAN t _ L'.:.iY.';':•:'{:t:=:.:'.:,::.':':'.i:,:,c.: ;r:i:.:':•tii:.:'::::::,'.' _Z= 3.13- u lu ni � z 0 ur1:9 F � � O I/ M{OLE)AM \ f P a CAR H EQUIP E T (ELECTRICAL) C� �� s S � OLJs9`510 w ro 55 F w t N r 3 FOOD MART min A \ BUILDING 1,988 sf(E) �A _o UNISEX EQI7IPMET y .] 4 g R \ AND1 STORAGE I I I I II m P000 MART pE —P L CASHIERMART O A - \V I I CIRCLE -K �p ENTERANCE(F) I OFFICE ( � STOREFRO 4 - r- IITOWCtt gO�LINE--� .� O ; � N FLOOR PLAN SCALE. 1/4"-1'-0" A-4 A .!!!. � \) r ]i|� 117 STUCCO FINISHi _, � ■ ■ ■ ■ ■■■� \ "� STUCCO FINISH (EXISTING =mam iTLM� STUCCO FINIS«. EXISTING BUILDING) : � NEW7 -- WW $ ` . .. ....... ..:. ... .� ...... ..�.. .. ... . |\! FIN § (/\ cz; !°) \) =V&#mx .WEST S v 7 . 12LE ATTACHMENT D Resolution No. 4126 RESOLUTION NO. 4126 A RESOLUTION OF THE CITY OF TUSTIN PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 09-003, DESIGN REVIEW 09-004, AND CONDITIONAL USE PERMIT 09-004 FOR THE PROPERTY LOCATED AT 3017 EDINGER AVENUE. I. The Planning Commission of the City of Tustin does hereby resolve as follows: A. That a proper application for the property located at 3017 Edinger Avenue was filed by Tustin Field Gas & Food for: 1. Code Amendment 09-003 — A request to to reduce the building setback along Edinger Avenue from thirty feet (30') to fifteen feet (16) within the Jamboree Plaza Planned Community District Regulations. 2. Design Review 09-004 — A request to construct a self-service carwash in conjunction with an existing service station and food mart. 3. Conditional Use Permit 09-004 — A request to amend Conditional Use Permit 98-013 to allow for the sale of general alcoholic beverages for off-site consumption (ABC Type 21 License) B. That Code Amendment 09-003, Design Review 09-004, and Conditional Use Permit 09-004 are considered a "project" pursuant to the terms of the California Environmental Quality Act. C. That an Environmental Analysis checklist, attached as Exhibit A hereto, was prepared to evaluate the potential environmental impacts associated with Code Amendment 09-003, Design Review 09-004, and Conditional Use Permit 09-004. The Environmental Analysis checklist demonstrates that all potential impacts of the project were addressed by the previously adopted Negative Declarations for Jamboree Plaza and that pursuant to Title 14 California Code of Regulations Section 15162 no new significant impacts could occur, no substantial changes or a substantial increase in the severity of any previously identified impacts could occur, no new information of substantial importance has surfaced, and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. D. That the proposed project is consistent with the Tustin General Plan in that the project site is designated as Planned Community Commercial/Business and zoned as Planned Community Industrial. The project site is also part of the larger Jamboree Plaza and subject to the Resolution No. 4126 Page 2 Jamboree Plaza Planned Community District Regulations. 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; E. That a public hearing was duly called, noticed, and held on said application on August 25, 2009, by the Planning Commission. F. That Code Amendment 09-003 to reduce the building setback from Edinger Avenue would not intensify the development of Jamboree Plaza or allow additional uses and all future development would be subject to the City's Design Review process. G. That Code Amendment 09-003 is consistent with the Tustin General Plan in that the subject site is located within the Planned Community Commercial/Business land use designation. This land use designation allows for a mixture of uses including retail, commercial, office, and industrial. The subject Code Amendment 09-003 would not change any uses or intensity of the site. H. That the subject property was previously approved for a Type 20 Alcoholic Beverage Control (ABC) License for the sale of beer and wine for off-site consumption (CUP 98-013) and currently maintains said license. CUP 09- 004 proposes to upgrade the existing license to a Type 21 ABC License that would allow for the sale of general alcohol (including hard liquor) for off-site consumption and would not change the operation of the existing business. Authorization of the proposed alcohol sales is contingent upon the business operating as a service station/convenience store. That the location, size, architectural features, and general appearance of the new self-service carwash (DR 09-004) will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the City Council has considered at least the following items: 1. Height, bulk, and area of proposed structure. 2. Setbacks and site planning. 3. Exterior material and colors. 4. Landscaping and parking area design and traffic circulation. 5. Location and appearance of equipment located outside of an enclosed structure. 6. Physical relationship of proposed structure to existing structures. 7. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. Resolution No. 4126 Page 2 8. Development guidelines and criteria as adopted by the City Council. II. The Planning Commission hereby recommends that the City Council find that this project is within the scope of the previously approved Negative Declarations, approve Code Amendment 09-003 attached hereto as Exhibit B, and approve Design Review 09-004 and Conditional Use Permit 09-004 subject to the conditions contained within Exhibit C attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 25th day of August, 2009. CHARLES E. PUCKETT Chairperson 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 Planning Commission of the City of Tustin, California; that Resolution No. 4126 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of August, 2009. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A of Resolution No. 4126 Environmental Analysis EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 ENVIRONMENTAL ANALYSIS CHECKLIST For Projects With Previously Certified/Approved Environmental Documents: Negative Declaration for Jamboree Plaza This checklist and the following evaluation of environmental 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 of the California Environmental Quality Act (CEQA) Guidelines. A. BACKGROUND Project Title(s): Code Amendment 09-003, Conditional Use Permit 09-004, and Design Review 09-004 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, California 92780 Lead Agency Contact Person: Ryan Swiontek Phone: (714) 573-3123 Project Location: 3017 Edinger Avenue, Tustin, CA 92780 Project Sponsor's Name and Address: Parmjeet & Didar Singh Tustin Field Gas & Food, Inc. 3017 Edinger Avenue Tustin, CA 92780 General Plan Designation: Planned Community Commercial/Business Zoning Designation: Planned Community Industrial Project Description: Code Amendment 09-003 to reduce the required building setback from Edinger Avenue for buildings within the Jamboree Plaza Planned Community District Regulations from thirty (30) feet to fifteen (15) feet. Design Review 09-004 to authorize the construction of a proposed self- service carwash attached to an existing food mart building located at a service station. Conditional Use Permit 09-004 to upgrade an existing Alcoholic Beverage Control License for the sale of beer and wine for off- site consumption (Type 20) to the sale of general alcohol for off-site consumption (Type 21). B. Surrounding Uses: North: Irvine Industrial Complex— Commercialadustrial uses East: Tustin Legacy — Residential uses South: Tustin Legacy — Residential uses West: Tustin Legacy (vacant land) — Planned Residential Previous Environmental Documentation: A Negative Declaration for the development of Jamboree Plaza was certified and adopted by the Tustin City Council on June 3, 1991 through Resolution No. 91-75. Said Negative Declaration evaluated the environmental impacts associated with Zone Change 90-01, Tentative Parcel Map 90-292, Tentative Parcel Map 90-293, and Design Review 9040 which were also approved by the Planning Commission and City Council. This project implemented the Planned Community District Regulations for Jamboree Plaza as well as approved the initial project design and subdivision. On November 3, 1997, the City Council adopted Resolution No. 97-108 certifying a Tiered Negative Declaration to amend the existing Jamboree Plaza Planned Community District Regulations and adjust the project boundaries. Associated with this project were approvals for Zone Change 97-002, Tentative Parcel Map 97-016, and Design Review 97-016 for the further development of individual building sites and additional uses within Jamboree Plaza. On December 1, 1997, the City Council adopted Resolution No. 97-111 certifying the Negative Declaration for Zone Change 97-004 to allow for self-service carwashes within Jamboree Plaza. The Planned Community District Regulations for Jamboree Plaza previously allowed full service carwashes as permitted uses and this zone change amended the text to also allow self-service carwashes as permitted uses. 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. Use and Planning ation and Housing igy and Soils )logy and Water Quality Quality isportation & Circulation ogical Resources eral Resources icultural Resources Awifav "IT05I rhIFI I(41 V On the basis of this initial evaluation: ❑Hazards and Hazardous Materials ❑Noise ❑Public Services ❑Utilities and Service Systems ❑Aesthetics ❑Cultural Resources ❑Recreation ❑Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant 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 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 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 efTects 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. Preparer: Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attachment A attached to this Checklist Date: 08-01-09 Date 08-01-09 EVALUATION OF ENVIRONMENTAL IMPACTS 1. 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? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 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? M. AIR OVALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially 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 thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ Z ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and 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 plants, 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, 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? I) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: -Would the project a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.57 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? 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: ❑ ❑ E ❑ ❑ M ❑ ❑ ❑ No Substantial New More Change From .Significant Severe Previous Impact Impacts Analysis ❑ ❑ E ❑ ❑ M ❑ ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? 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 waste water? VILHA7ARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area'? 0 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? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ E ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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. HYDROLOGY AND WATER OUALITY: — 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 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 community? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts ,Analysis ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 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? 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 a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? M. NOISE— Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome 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? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excesanoise levels? XH.POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere'? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ Z ❑ ❑ Z ❑ ❑ Z ❑ ❑ 0 ❑ ❑ Z ❑ ❑ 0 ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION— a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities 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., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis c) Displace substantial numbers of people, necessitating the ❑ 0 construction of replacement housing elsewhere? ❑ ❑ Z XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION— a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities 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., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ M ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ M ❑ ❑ M ❑ ❑ 0 ❑ ❑ Z g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. 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 construction 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 accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVIL MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis ❑ ❑ 11 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ EVALUATION OF ENVIRONMENTAL IMPACTS 3017 EDINGER AVENUE CODE AMENDMENT 09-003 CONDITIONAL USE PERMIT 09-004 DESIGN REVIEW 09-004 PROJECT LOCATION The project site is located within the Planned Community Industrial (PC IND) zoning district and designated as Planned Community Commercial/Business by the General Plan. The project site is within Jamboree Plaza and subject to the Jamboree Plaza Planned Community District Regulations. Jamboree Plaza is a triangle shaped commercial/industrial center of approximately 17.5 acres in size and is bounded by Jamboree Road to the east, Edinger Avenue to the south and west, and the Orange County Transportation Authority (OCTA) railway to the north. The Tustin Metrolink Commuter Station lies along the northern portion of Jamboree Plaza along the railway. Access to the Tustin Metrdlink Station is provided through Jamboree Plaza. Jamboree Plaza consists of four separate land use areas that allow for various commercial/ industrial activities some of which include: retail, commercial, office, automotive services, warehousing, and light industrial uses. There is a total authorized building square footage of 163,200 square feet for Jamboree Plaza and the center is built out. PROJECT DESCRIPTION The project applicant, Tustin Field Gas & Food, Inc., is proposing to add an express self-service carwash to an existing gas station/mini-mart. The applicant is also requesting to upgrade their existing Alcoholic Beverage Control (ABC) License. The project will involve the following entitlements: Code Amendment 09-003 — The proposed carwash does not meet the minimum building setbacks as identified in the Jamboree Plaza Planned Community District Regulations. The applicant has requested a code amendment to reduce the required building setback from Edinger Avenue from thirty (3 0) feet to fifteen (15) feet. Design Review 09-004 — The proposed carwash requires design review to evaluate the aesthetic impacts and site planning. • Conditional Use Permit 09-004 — A request to upgrade an existing ABC License requires approval of an amendment to the existing conditional use permit which allows for off-site alcohol sales. Existing on the subject property is a 76 gasoline service station which provides twelve (12) fueling positions. Also existing on site is a 1,988 square foot food mart which includes a combined Circle Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 2 K store as well as a Subway sandwich shop. The site is located on the southeast comer of the signaled intersection of Edinger Avenue and the private Jamboree Plaza Drive. The proposed carwash would be located along the westerly elevation of the existing food mart building adjacent to Edinger Avenue. The car wash would occupy an existing drive-through lane that has been abandoned. A minimum building setback of thirty (30) feet from Edinger Avenue is required per the Jamboree Plaza Planned Community District Regulations. Currently the existing building is set back thirty-one (3 1) feet from Edinger Avenue and the proposed carwash would be set back fifteen (15) feet from Edinger Avenue. Therefore the applicant has requested Code Amendment 09-003 to reduce the minimum building setback from Edinger Avenue to 15 feet. Placement of the proposed carwash would almost exactly overlay the existing abandoned drive- through lane. Approximate dimensions of the proposed carwash tunnel are 17 feet by 75 feet with the length of the tunnel matching up to the length of the existing building on that elevation. The height of the proposed tunnel at 17 and a half feet would be lower than the existing building height of 21 feet and tower element height of 28 feet. Minimal landscaping would need to be removed in the planter area behind the sidewalk as a result of the car wash tunnel. The design of the tunnel would mimic the Tustin blimp hangers which are located just across Edinger Avenue within Tustin Legacy and currently visible from the project site. Materials, colors, and finishes would be compatible with the existing structures on-site as well as those within Jamboree Plaza. There is currently an ABC Type 20 License existing at the property for the sale of beer and wine for off-site consumption. On August 10, 1998, the City of Tustin Planning Commission adopted Resolution No. 3606, approving Conditional Use Permit 98-013 authorizing the sale of off-site beer and wine at the subject location. Condition No. 2.2 of Resolution No. 3606 requires that CUP 98- 013 be amended prior to offering other types of alcoholic beverages for sale. The applicant is proposing to operate with a Type 21 ABC License which would also allow for the sale of hard liquor in addition to the beer and wine for off-site consumption. CUP 09-004 has been submitted by the applicant to amend Condition No. 2.2 and authorize a Type 2I License for the establishment. PREVIOUS ENVIIiONMENTAL DOCUMENTATION A Negative Declaration for the development of Jamboree Plaza was adopted by the Tustin City Council on June 3, 1991 through Resolution No. 91-75. Said Negative Declaration evaluated the environmental impacts associated with Zone Change 90-01, Tentative Parcel Map 90-292, Tentative Parcel Map 90-293, and Design Review 90-40 which were also approved by the Planning Commission and City Council. This project implemented the Planned Community District Regulations for Jamboree Plaza as well as approved the initial project design and subdivision. Various changes occurred in the development of Jamboree Plaza over the next few years including the development of a commuter rail station on an adjacent parcel which is currently used by Metrolink. On November 3, 1997, the City Council adopted Resolution No. 97-108 adopting a Tiered Negative Declaration to amend the existing Jamboree Plaza Planned Community District Regulations and adjust the project boundaries. Associated with this project were approvals for Zone Change 97-002, Tentative Parcel Map 97-016, and Design Review 97-016. Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 3 On December 1, 1997, the City Council adopted Resolution No. 97-111 adopting the Negative Declaration for Zone Change 97-004 to allow for self-service carwashes within Jamboree Plaza. The Planned Community District Regulations for Jamboree Plaza previously allowed full service carwashes as perniitted uses and this zone change amended the text to also allow self-service carwashes as pennitted uses. The City Council can approve the activities as being within the scope of the project covered by the Jamboree Plaza Negative Declarations if it is determined that pursuant to Section 15162 of the CEQA Guidelines no new effects would occur, nor would substantial changes or a substantial increase in the severity of previously identified significant effects occur. For the proposed project, the City prepared the following comprehensive Environmental Checklist and the analysis below to determine if the project is within the scope of previous Negative Declarations and whether new effects would occur as a result of the project. EVALUATION OF ENVIRONMENTAL IMPACTS The following information provides background support for the conclusions identified in the Environmental Analysis Checklist. 1. 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? No Substantial Change from Previous Analysis The proposed project would not have any additional impacts on aesthetics, All future projects would still be subject to the City's design review process to control for aesthetics. Code Amendment 09-003 proposes to reduce the required building setback off Edinger Avenue from thirty feet (30') to fifteen feet (15'). This should not have an overall impact on Jamboree Plaza as the center is built out and still subject to the maximum building square footage thresholds identified in the Jamboree Plaza Planned Community District Regulations. The proposed reduction in the required building setback would not have a substantial effect on the existing landscape berming along Edinger Avenue. The existing landscaping along Edinger Avenue meanders with the existing sidewalk and is between approximately sixteen feet (16') and thirty feet (30') in width. A maximum encroachment into this area by a building would still appear uniform along Edinger Avenue as a minimum width of fifteen feet (15') of landscaping would still be provided. Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 4 Many of the buildings within Jamboree Plaza are commercial condominium type units and expansion is limited by the maximum square footage thresholds established for the center. Expansion also requires approval of the Jamboree Plaza Association. Due to the orientation of the existing buildings along Edinger Avenue it is unlikely that additions to these buildings would be proposed especially along the elevations fronting Edinger Avenue due to the limited space. Nevertheless, aesthetic values regarding new development or additions to existing structures along Edinger Avenue would be upheld through the City's and Association's design review process which could control for massing, materials, finishes and architecture. The proposed carwash addition to the existing service station is unique in the fact that it will primarily overlay what was at one time an active drive-through lane that has since been abandoned. Based on field observations and submitted plans it appears that only minimal landscaping would be required to be removed as a result of the proposed carwash. Any trees that would be displaced as a result of the project could be replaced or relocated elsewhere on site, although it appears that only one tree may be required to be removed. The design of the carwash would mimic the Tustin blimp hangers which are located just across Edinger Avenue at Tustin Legacy and currently visible from the project site. The carwash structure would be composed of materials and finishes compatible with the existing building and the center as a whole. The project is not located on a scenic highway and will not affect a scenic vista. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation✓Monitoring Required: No new mitigation is required. Sources: Submitted Plans California Scenic Highway Mapping System Field Observations Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan if. AGRICULTURE RESOURCES — In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 5 b) Conflict 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? No Substantial Change from Previous Analysis. The proposed project will not directly cause Agricultural impacts. The project site is located within an urban area where no farmland is present. Jamboree Plaza is a built out commercial/industrial center that does not conflict with any agricultural uses. The site is consistent with the site's General Plan Land Use Designation of Planned Community Commercial/Business and the zoning designation of Planned Community Industrial. No new effects to agricultural resources from the previous Negative Declarations would result from the proposed project being implemented. The proposed project would not convert prime farmland, unique farmland, or farmland of statewide importance as shown on maps prepared pursuant to the Farmland Managing and Monitoring Program of the California Resources Agency to non-agricultural use. Also, the property is not zoned or used for agricultural use or a Williamson Act Contract, nor does the allowed use involve other changes in the existing environment that could result in the conversion of farmland to non-agricultural use. The prior Negative Declarations identified no impacts related to agricultural resources. No substantial change is expected from the analysis previously completed in the Negative Declarations. MitigationlMonitoring Required: No mitigation is required. Sources: Field Observations Farmland Mapping and Monitoring Program – Orange County Map 2006 Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75,97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan M. AIR QUALITY — Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page h 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 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? No Substantial Change from Previous Analysis. The proposed project would not have an effect on air quality as a result of project implementation. The project proposes to alter a development standard in regards to building setbacks. No change in use is being requested and the impacts associated with a self-service carwash have already been reviewed in a previous environmental review since self-service carwashes are permitted uses within the Jamboree Plaza Planned Community District Regulations. The project will not alter any of the maximum building square footages as previously approved for Jamboree Plaza. The prior Negative Declarations identified potentially significant impacts to air quality unless mitigated. Short term impacts may have been experienced in relation to grading while long term potential impacts could result from future tenant uses. Mitigation requires dust control during grading and construction activities as well as specific tenant compliance with all applicable South Coast Air Quality Management District permitting and regulations. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation/Monitoring Required: No new mitigation is required. Sources: Field Observations Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan W. 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 Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 7 pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Substandal Change from Previous Analysis. The project site is located within an urbanized area that is free of any significant population of animals, fish or wildlife as well as migratory wildlife. There is no wildlife habitat or wetlands at the project site. The proposed project would not result in impacts to federally listed, threatened, or endangered plant or animal species The prior Negative Declarations identified no impacts related to biological resources. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan 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 formal cemeteries? No Substandal Change from Previous Analysis. There are no historical resources associated with the project site or Jamboree Plaza. No substantial excavation or grading would be required in the future as a result of the project. The project site and Jamboree Plaza are built out in an urbanized area. The proposed project would not disturb any human Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 8 remains or result in impacts to historical, archaeological, or paleontological resources. The prior Negative Declarations identified no impacts related to cultural or historical resources. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation/Monitoring Required: No mitigation is required Sources: Field Observations Jamboree Plaza Negative Declarations – City Council Resolution Nos, 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan VL 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: • Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist For the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. • Strong seismic ground shaking? • Seismic -related ground failure, including liquefaction? • Landslides? 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 (2001), 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? No Substantial Change from Previous Analysis. The proposed project would not result in additional impacts to geology and soils. The project site is located within in an area subject to liquefaction, however, minimal grading and/or excavation would result from the project implementation. Prior Negative Declarations for Jamboree Plaza identified potentially significant impacts to geology and soils unless mitigated. Mitigations measures included appropriate site preparation and methods in accordance with the City's Grading Manual and Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 9 the Uniform Building Code. These mitigations measures would still be applicable to any future development at Jamboree Plaza. Mingation/Monitoring Required: Compliance with existing rules and regulations would avoid the creation of potential impacts. No new mitigation is required. Sources: Field Observations State of California Seismic Hazard Zone Map Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan VII. HAZARDS AND HAZARDOUS MATERIALS —Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? 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 hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles 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? Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 10 No Substandal Change from Previous Analysis. The proposed project would not have any impacts related to hazards or hazardous materials. Carwashes have been previously analyzed for environmental impacts and are permitted uses within the Jamboree Plaza Planned Community District Regulations. Prior Negative Declarations identified less than significant impacts related to hazards and hazardous materials. Mitigation measures require that all construction be developed in accordance with the Uniform Building Code and Fire Code. These mitigation measures would still be applicable to any future development at Jamboree Plaza. Mitigation/Monitoring Required: Compliance with existing rules and regulations would avoid the creation of potential impacts. No new mitigation is required. Sources: Field Observation Airport Environs Land Use Plan (AELUP) Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan VIII. HYDROLOGY AND WATER 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 flooding 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? Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 11 f) 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 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, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? No Substandal Change from Previous Analysis The proposed project will not cause direct impacts to hydrology and water quality. Carwashes have been previously analyzed for environmental impacts and are permitted uses within the Jamboree Plaza Planned Community District Regulations. The proposed carwash would be subject to developing a Water Quality Management Plan (WQMP) and implementing Best Management Practices (BMPs) required by state law. The prior Negative Declarations only identified drainage patterns and absorption rates as posing a potentially significant impact unless mitigated. These potential impacts were primarily associated with vacant land being converted to an impervious surface and substantial grading activities at the time. Mitigation measures required compliance with the City of Tustin Grading Manual. These mitigations measures would still be applicable to any future development at Jamboree Plaza. Mitigation/Monitoring Required: Compliance with existing rules and regulations would avoid any potential impacts related to water quality and groundwater. No new mitigation is required. Sources: Field Observations Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan IX. LAND USE AND 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? Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 12 Nn Substantial Change from Previous Analysis Except for the proposed change to the building setback from the street, the project is consistent with the zoning designation of Planned Community Industrial and the General Plan Land Use designation of Planned Community Commercial/Business. No changes to allowable uses or maximum building square footages as identified in the Jamboree Plaza Planned Community District Regulations are being proposed. The prior Negative Declarations identified no impacts related to land use and planning. The proposed modification will not affect the overall land use pattern in the area and would not create an intensification of use that could impact the community. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan 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? No Substantial Change from Previous Analysis The proposed project is associated with an existing commercial/industrial center. No known mineral resources are present at the site and the project would not have any impact on mineral resources. The prior Negative Declarations identified no impacts related to mineral resources. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan XI. NOISE — Would the project: 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 CA 09-003, CUP 09-004, DR 09-004 Page 13 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? t) 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? No Substantial Change from Previous Analysis. The proposed project would not generate any long-term noise impacts. Short-term noise impacts may be observed during construction phases, however, all construction activities would be required to meet the City of Tustin Noise Ordinance and would be conducted consistent with City approved days and hours for construction activities. No operational noise impacts are anticipated as the proposed carwash would be required to comply with the City's Noise Ordinance. Jamboree Plaza is also bordered by two major arterial highways in Edinger Avenue and Jamboree Road as well as bordered by the OCTA railroad tracks. The prior Negative Declarations identified noise as posing a potentially significant impact unless mitigated. Mitigation measures included an acoustical analysis for Jamboree Plaza in addition to compliance with the City Noise Ordinance and adhering to the City's construction operations and permitted hours. Mitigation/Monitoring Required: The prior Negative Declarations concluded that with implementation of identified mitigation measures, there would be no impacts related to noise. No new mitigation measures would be required. Sources: Field Observation City of Tustin Noise Ordinance Jamboree Plaza Negative Declarations — City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 14 XII. POPULATION & HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? h) 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? No Substantial Change from Previous Analysis. The proposed project is part of a larger commercial/industrial center and will not require the implementation of any additional infrastructure or replace any housing. The center is built out and there is no proposed change to the existing maximum building square footage thresholds as identified in the Jamboree Plaza Planned Community District Regulations. The prior Negative Declarations identified no impacts related to population & housing. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: No Substantial Change from Previous Analysis The proposed project will not require any additional public services than those already existing in place. The project proposes to reduce a building setback and will have no intensification of use that has not already been analyzed. There is no proposed change to the existing maximum building square footage thresholds as identified in the Jamboree Plaza Planned Community District Regulations. The prior Negative Declarations identified no impacts related to public services. No substantial change is expected from the analysis previously completed in the Negative Declarations. Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 15 MitigationlMonitoring Required: No mitigation is required. Sources: Field Observation Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No Substantia[ Change from Previous Analysis The proposed project is within an existing commercial/industrial complex and will have no impact on parks or recreational facilities. There are no recreational facilities at the project site and the project will not result in an increased demand or use of recreational facilities. The prior Negative Declarations identified no impacts related to recreation facilities. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observation Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75,97-108,97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan 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 (Le., 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? Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 16 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)? No Substantial Change from Previous Analysis. A Traffic Impact Analysis was prepared Cor the development of Jamboree Plaza which evaluated maximum thresholds and made recommendations regarding traffic circulation. Implementation of the various recommendations has already occurred at this point and the center is built out. The proposed project would not change any of the allowed uses or maximum building square footages. No change to the circulation or trip totals projected in the updated Traffic Impact Analysis would occur as a result of the project. The prior Negative Declarations identified less than significant impacts related to transportation/traffic with the implementation of mitigation measures as identified in the Traffic Impact Analysis. No substantial change is expected from the analysis previously completed in the Negative Declarations. MitigationlMonitoring Required: No new mitigation is required Sources: Field Observations 1CHR Traffic Study Update Dated September 3, 1997 Jamboree Plaza Negative Declarations – City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan XVI. 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 construction 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? Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 17 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 accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? No Substantial Change from Previous Analysis. The project site is already developed and located in an urbanized area where all utilities and services are existing. The proposed project would not create the need for additional water or landfill facilities. The proposed carwash would be required to comply with the regulations set forth by the Regional Water Quality Control Board. The project is also required to develop a water quality management plan and implement all best management practices. The prior Negative Declarations identified no impacts related to utilities and service systems. No substantial change is expected from the analysis previously completed in the Negative Declarations. Mitigation/Monitoring Required: No mitigation is required. Sources: Field Observations Jamboree Plaza Negative Declarations — City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Evaluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Page 18 The Negative Declarations previously prepared for Jamboree Plaza considered all environmental impacts associated with the proposed project. All previously identified mitigation measures applicable to the proposed project would be implemented. The majority of the mitigation measures identified in the previous Negative Declarations involve compliance with Federal, States, and local codes and regulations. The proposed project would be required to meet all applicable codes and regulations throughout the development process and during operation. The project does not create any impacts that have not been previously addressed by the Negative Declarations. Sources: Field Observations Jamboree Plaza Negative Declarations — City Council Resolution Nos. 91- 75, 97-108, 97-111 Jamboree Plaza Planned Community District Regulations Tustin General Plan CONCLUSION All potential effects of the proposed project were previously analyzed in the Negative Declarations for Jamboree Plaza. No new effects will occur, no substantial changes would occur, no intensification of impacts would occur, and no new mitigation measures will be required. Implementation of future activities and development at the project site could be subject to subsequent environmental review under CEQA as may be required by law. No substantial change is expected from the analysis previously completed in the Negative Declarations for Jamboree Plaza. Exhibit B of Resolution No. 4126 Code Amendment 09-003 (Draft Ordinance No. 1370) EXHIBIT B DRAFT ORDINANCE NO. 1370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING AN AMENDMENT TO THE JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS (CODE AMENDMENT 09-003) TO REDUCE THE BUILDING SETBACK FROM EDINGER AVENUE FROM THIRTY (30) FEET TO FIFTEEN (15) FEET. The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. That a proper application, Code Amendment 09-003, was filed by Tustin Field Gas & Food requesting to reduce the building setback from Edinger Avenue within the Jamboree Plaza Planned Community District Regulations from thirty (30) feet to fifteen (15) feet. B. That a public hearing was duly called, noticed, and held on said application on August 25, 2009, by the Planning Commission. C. Code Amendment 09-003 is considered a "project' subject to the terms of the California Environmental Quality Act ("CEQA") (Pub. Resources Code §21000 et. seq.). D. That on June 3, 1991, the Tustin City Council adopted a Negative Declaration for the development of Jamboree Plaza. The Negative Declaration evaluated the environmental impacts associated with Zone Change 90-01, Tentative Parcel Map 90-292, Tentative Parcel Map 90-293, and Design Review 90-40. E. That on November 3, 1997, the City Council adopted a Tiered Negative Declaration to amend the existing Jamboree Plaza Planned Community District Regulations and adjust the project boundaries. The Tiered Negative Declaration evaluated the environmental impacts associated with this Zone Change 97-002, Tentative Parcel Map 97-016, and Design Review 97-016. Ordinance No. 1370 Page 2 F. That on December 1, 1997, the City Council adopted a Negative Declaration to allow for self-service carwashes within Jamboree Plaza. The Negative Declaration evaluated the environmental impacts associated with Zone Change 97-004. G. That on August 25, 2009, the Planning Commission adopted Resolution No. 4126, recommending that the City Council adopt findings that Code Amendment 09-003, Design Review 09-004, and Conditional Use Permit 09-004 are within the scope of the previously approved Negative Declarations for Jamboree Plaza. H. That a public hearing was duly called, noticed, and held on said application on the day of , 2009, by the City Council. That Code Amendment 09-003 to reduce the building setback from Edinger Avenue would not intensify the development of Jamboree Plaza or allow additional uses and all future development would be subject to the City's Design Review process. J. Code Amendment 09-003 is consistent with the Tustin General Plan in that the subject site is located within the Planned Community Commercial/Business land use designation. This land use designation allows for a mixture of uses including retail, commercial, office, and industrial. The subject Code Amendment 09-003 would not change any uses or intensity of the site. Section 2. The City Council hereby approves Code Amendment 09-003 amending Section 3.7131 a. of the Jamboree Plaza Planned Community District Regulations to read as follows: a. Edinger Avenue — a minimum of thirty (30) fifteen (15) feet. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of the regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. Ordinance No. 1370 Page 3 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the day of 12009. DOUG DAVERT Mayor PAMELA STOKER City Clerk Ordinance No. 1370 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1370 PAMELA STOKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1370 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the day of , 2009, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2009 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Exhibit C of Resolution No. 4126 DR 09-004 and CUP 09-004 Conditions of Approval EXHIBIT C RESOLUTION NO. 4126 DESIGN REVIEW 09-004 CONDITIONAL USE PERMIT 09-004 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 25, 2009, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. If the applicant does not submit plans and obtain permits in a timely manner, the Community Development Department may revoke this design review approval. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Design Review 09-004 and Conditional Use Permit 09-004 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) CALIFORNIA BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Exhibit C Design Review 09-004 Conditional Use Permit 09-004 Page 2 (1) 1.5 As a condition of approval of Design Review 09-004 and Conditional Use Permit 09-004, 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) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). PLAN SUBMITTAL (4) 2.1 All colors, materials, and features of the proposed self-service carwash shall be installed and maintained as shown on the approved plans. No changes to the exterior building colors, materials, textures, or features shall be permitted unless approved by the Community Development Director. (4) 2.2 Any trees that would need to be removed as a result of the proposed project shall be relocated or replaced on-site with a minimum twenty-four inch (24") box sized tree subject to the approval of the Community Development Department. (1) 2.3 Submit at plan check complete detailed landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping requirements. The plans shall include the following: a. A summary table identifying plant materials. The plant table shall list botanical and common names, sizes, spacing, location, and quantity of the plant materials proposed. b. Planting and berming details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing, and coverage. Details for all equipment must be provided. c. All property lines on the landscaping and irrigation plans, public right- of-way areas, sidewalk widths, parkway areas, and wall locations. d. A note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. Exhibit C Design Review 09-004 Conditional Use Permit 09-004 Page 3 e. Fences, wall, and equipment areas shall be screened with plant materials. f. A note to indicate that all plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (1) 2.4 All landscaping shall be installed prior to issuance of a Certificate of Occupancy or final inspection and shall be maintained in good condition at all times. (1) 2.5 All utilities shall be located underground. (1) 2.6 All exposed metal flashing or trim shall be painted to match the building. (1) 2.7 No exterior down spouts or roof scuppers shall be permitted. All roof drains shall utilize interior piping, but may have exterior outlets at the base of buildings. Drainage shall be oriented to not spill onto the public right-of- way. (1) 2.8 All wall- and ground -mounted mechanical and electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be included as an element of the overall design of the project and blend with architectural design of the building. All telephone and electrical boxes shall be identified on the construction plans. (1) 2.9 A six (6) inch raised concrete continuous curb shall be installed around parking lot landscaping areas. (1) 2.10 All lighting shall be designed and located to confine direct rays and glare to the boundaries of the project. No lighting shall blink, flash, move, or be of unusually high intensity or brightness. Security lighting shall be provided as required per the Uniform Security Code. (1) 2.11 The project shall provide the fifteen (15) parking stalls required for the existing service station and food mart. Pursuant to the Third Amendment to Declaration of Reciprocal Easements, Covenants, Conditions, and Restrictions for Jamboree Plaza the users of Phase I (includes 3017 Edinger Avenue) have the exclusive right to park in thirteen (13) spaces within the common parking lot of Jamboree Plaza. The applicant shall provide written evidence prior to project implementation from the Jamboree Plaza Association allowing the exclusive right of the necessary off-site parking for the project. Exhibit C Design Review 09-004 Conditional Use Permit 09-004 Page 4 OFF-SITE ALCOHOLIC BEVERAGES SALES USE RESTRICTIONS (1) 3.1 Only the sale of general alcoholic beverages for off-site consumption (Type 21 License) are authorized under Conditional Use Permit 09-004. No on-site consumption of alcohol shall be permitted. (***) 3.2 Conditional Use Permit 98-013 adopted by Resolution No. 3606 for the sale of beer and wine for off-site consumption (Type 20 License) at the subject property is null and void. (***) 3.3 The applicant shall obtain the appropriate license from the State Department of Alcoholic Beverage Control for the type of alcoholic sales authorized for the site (Type 21 License). A copy shall be provided to the City prior to establishment of the use. (1) 3.4 Hours of sales of alcohol are limited to between 6:00 a.m. and 2:00 a.m. Modifications to the hours of operation may be approved by the Community Development Director if it is determined that no adverse impacts to the surrounding tenants or properties will occur. (***) 3.5 Authorization for the off-site sales of general alcoholic beverages (ABC License Type 21) is contingent upon the use of the subject premises remaining a service station/convenience store. Changes to the use or floor plan shall require review and approval by the Community Development Director. Should the use be discontinued for a period of twelve (12) months or more, the use permit shall become null and void. (1) 3.6 The service station/convenience store shall operate within all applicable State, County, and Tustin City Code provisions, including the City of Tustin Noise Ordinance. Any violations of the regulations of the Department of Alcoholic Beverage Control as they pertain to the subject location, or the City of Tustin, as they relate to the sale of alcoholic beverages, may result in the revocation of the subject Conditional Use Permit, as provided by the Tustin City Code. (7) 3.7 "No Loitering" and "No Consumption of Alcoholic Beverages is Permitted" signs shall be posted on the front of the convenience store building, subject to review and approval by the Director of Community Development. (7) 3.8 All litter shall be removed from the exterior areas around the premises including adjacent public sidewalk areas and parking areas, no less than once each day. Exhibit C Design Review 09-004 Conditional Use Permit 09-004 Page 5 (7) 3.9 All persons selling alcoholic beverages shall be twenty-one (21) years of age or older. (7) 3.10 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. (7) 3.11 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City of Tustin. (7) 3.12 No signs including window signs, advertisting alcoholic beverages may be visible from the exterior of the building. No alcohol advertising shall be located on motor fuel islands and no self -illuminated advertising for alcohol shall be located on buildings or windows. (7) 3.13 No gaming devices, including but not limited to pool tables, coin operated games, or video game machines are allowed on the subject property. (1) 3.14 No alcoholic beverages may be consumed anywhere on the subject property known as Assessor's Parcel Number 434-201-12, in patrons vehicles, or on adjacent properties. The applicant shall be responsible for ensuring that patrons of the convenience store/service station do not consume alcoholic beverages anywhere on the property, at any time. (7) 3.15 Refrigerated single service beverage containers shall be located in an enclosed refrigeration unit no less than ten (10) feet from the point of sale and a minimum of five (5) feet from the store entrance. (7) 3.16 No display, sale or distribution of alcoholic beverages shall be made from an ice tub, barrel or similar container. (7) 3.17 No sales or distribution of alcoholic beverages shall be made from a drive - up or walk-up window. BUILDING DIVISION (1) 4.1 At the time of building permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 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, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. At the time of plan submittal provide: Four (4) set of plans including building, electrical, mechanical, and plumbing plans. Exhibit C Design Review 09-004 Conditional Use Permit 09-004 Page 6 • Two sets of structural calculations. • Two sets of geotechnical reports. • Two sets of Title 24 Energy calculations (1) 4.2 A note shall be provided on the final plans stating that "A six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles'. (1) 4.3 Vehicle parking, primary entrance (s) to the site and building, the primary paths of travel building entrance, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities and shall be shown on the plans. Truncated domes will be required at locations specified in section 1133138.5 and 1127B.5 (7) of the 2007 CBC. (1) 4.4 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the building. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. (1) 4.5 The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. PUBLIC WORKS DEPARTMENT (1) 5.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. (1) 5.2 Prior to issuance of any permit, the applicant shall provide written approval from the Irvine Ranch Water District for the project. (1) 5.3 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 5.4 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The plan shall be consistent with the approved site and landscaping plans. (1) 5.5 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which Exhibit C Design Review 09-004 Conditional Use Permit 09-004 Page 7 covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. (1) 5.6 Prior to issuance of any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Priority Water Quality Management Plan (WQMP) as described in the City of Tustin's Guidance for Preparing Project WQMPs. The applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost for reviewing the WQMP. (1) 5.7 Prior to issuance of any permits, the property owner(s) shall record a Covenant and Agreement Regarding O & M Plan to Fund and Maintain Water Quality BMPs Consent to Inspect and Indemnification with the County Clerk Recorder. This Covenant and Agreement binds current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. (1) 5.8 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed five percent of the project's valuation. C. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin." ORANGE COUNTY FIRE AUTHORITY (1) 6.1 Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire Chief for all fire protection access roads to within 150 feet of all portions of the exterior of every structure on site. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access." Exhibit C Design Review 09-004 Conditional Use Permit 09-004 Page 8 (1) 6.2 Prior to the issuance of a building permit or any approvals, the applicant shall submit to the Fire Chief a list of all hazardous, flammable and combustible liquids, solids or gases to be stored, used or handled on site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." 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 Plan Check and Permit Fees • Grading Plan Check and Permit Fees • Encroachment Permit Fees • Transportation System Improvement Program Fees • School Fees • Orange County Fire Authority Fees (1) 7.2 Within forty-eight (48) hours of final approval of the project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of 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.