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HomeMy WebLinkAbout01 CA 09-003/DR 09-004 10-20-09WSTIN Agenda Item Reviewed: AGENDA REPORT City Manager �. g Finance Director N/A BUILDING OUR FUTURE HONORING OUR PAST MEETING DATE: OCTOBER 20, 2009 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT (CA) 09-003 AND DESIGN REVIEW (DR) 09-004 SUMMARY: On August 25, 2009, the City of Tustin Planning Commission held a public hearing to evaluate the application for Code Amendment 09-003, Design Review 09-004, and Conditional Use Permit 09-004 for the construction of an express carwash located at 3017 Edinger Avenue. Code Amendment 09-003 is a request to reduce the building setback along Edinger Avenue from thirty (30) feet to fifteen (15) feet and Design Review 09-004 is for site design and building architecture review of the proposed carwash. Upon review of the application, the Planning Commission continued the item to the September 22, 2009, Planning Commission meeting. The applicant then withdrew the application for Conditional Use Permit 09-004 which was a request to allow for the sale of general alcoholic beverages (beer, wine, and distilled spirits). On September 22, 2009, the Planning Commission adopted Resolution No. 4126 recommending that the City Council adopt Ordinance No 1370 approving Code Amendment 09-003 and approving Design Review 09-004. RECOMMENDATION: That the Tustin City Council: 1) Adopt Resolution No. 09-60 finding that the project is within the scope of the previously approved Negative Declarations for Jamboree Plaza; 2) Introduce and have first reading of 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; and 3) Adopt Resolution No. 09-61 approving Design Review 09-004 to establish an express carwash located at 3017 Edinger Avenue. City Council Report 3017 Edinger Avenue Page 2 FISCAL IMPACT: There are no fiscal impacts associated with this project. The project is applicant initiated and all applicable fees are paid by the applicant. 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 ..............-----_-��•ry .nr__..��------�.li I..I, II. :III"!I- Illltll!I! :III, 1'IIiIVr I. r:7, L�1- ! I -.;� -, x. — - „— (/ �J Q f!_=✓.Yi.K GtL'J A/.scrmak[it�n�-r.��1vTfr/.t�rau��cG ..i. �: y4ti. { °°° .•n rIr/r-�.:r�a=:f � G 4C/p.tS.0✓XE"!/S5J" O i ///�• / rN° .III'IIII:I I. Illjllll 111111::11. 111111:1. , / r.11C � . Edinger Avenue w , 1 JAMBOREE PLAZA — 11, W1V/NG � '�� SITE PLAN:.-�- ARCIOTECTS ORANGE .... -- i i i i i Jamboree Rodd s' Jamboree Plaza is a triangle shaped commercial/industrial center, approximately 17.5 acres, 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 to the north of Jamboree Plaza along the railway. Access to the Tustin Metrolink Station is provided through Jamboree Plaza Drive. City Council Report 3017 Edinger Avenue Page 3 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. 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, proposed for future residential uses. Planning Commission Action On August 25, 2009, the City of Tustin Planning Commission held a public hearing to evaluate the application for Code Amendment 09-003, Design Review 09-004, and Conditional Use Permit 09-004. Upon review of the application, the Planning Commission continued the item to the September 22, 2009, Planning Commission meeting. The Planning Commission requested further information on the project from staff and the applicant regarding the following items: Potential effects that the requested Type 21 Alcoholic Beverage License may have on the future communities within Tustin Legacy located in the vicinity of the project site across Edinger Avenue. Due to the proximity of the project site to the Metrolink commuter rail station, the Planning Commission also requested the input of the Orange County Transportation Authority which operates the Metrolink commuter rail system immediately to the north of the project site. City Council Report 3017 Edinger Avenue Page 4 2. Visual clearance issues related to the positioning of the proposed carwash structure and existing monument sign, and the ability of motorists to see around the corner on Edinger Avenue. 3. Parking issues related to the project accommodating the minimum required parking stalls and where the proposed off-site parking would be provided within Jamboree Plaza. 4. The ability to screen effectively the proposed carwash with landscaping and ensure the replacement of any specimen trees with trees of a similar size. 5. Noise concerns regarding the operation of the proposed carwash and its proximity to future residential uses across Edinger Avenue at Tustin Legacy. 6. Clarification on the setbacks of the existing buildings along Edinger Avenue and how the proposed carwash would affect the appearance of the streetscape along Edinger Avenue. In addition letters dated September 17, 2009 and September 22, 2009 were received from the property owner, Mr. Kal Patel, of the All Hands Carwash within Jamboree Plaza located 3091 Edinger Avenue (Attachment D). These letters indicated several concerns related to the proposed project which staff and the Planning Commission considered. Concerns of the Planning Commission and the public have been addressed and the Planning Commission adopted Resolution No. 4126 recommending that the City Council approve the project. The Planning Commission staff report dated September 22, 2009, and draft minutes are attached for reference (Attachment A). DISCUSSION: Conditional Use Permit The applicant has chosen to withdraw the request for an upgrade to the existing alcohol license which would have allowed for the sale of general alcoholic beverages for off-site consumption (Type 21 ABC License); therefore, no further discussion of the proposed alcoholic beverage license is provided. Code Amendment The existing building is setback thirty-one (31) feet from Edinger Avenue and an abandoned drive-thru lane is within the thirty-one (31) foot setback area. Other building 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 (see Figure 1). The Jamboree Plaza Planned Community District Regulations require a minimum building setback of thirty (30) feet from Edinger Avenue. The proposed express carwash would be set back fifteen (15) feet from Edinger Avenue utilizing the existing drive-thru lane and 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 City Council Report 3017 Edinger Avenue Page 5 amendment to reduce the required building setback from Edinger Avenue to fifteen (15) feet. City Council Report 3017 Edinger Avenue Page 6 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 would not appear to change the streetscape of Edinger Avenue significantly. The proposed new setback would be consistent with other existing buildings within Jamboree Plaza (see Figure 3). 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 3.7131a. 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 thiFty (30) fifteen (15) feet. Design Review The proposed express 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 seventeen (17) feet by seventy-five (75) feet with the length of the tunnel matching up to the length of the existing building on that elevation. At seventeen (17) and a half feet, the height of the proposed tunnel would be lower than the existing building height of twenty-one (21) feet and tower element height of twenty-eight (28) feet (see Figure 2). 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. Carwashes are also permitted uses within Planning Area A (project site) of Jamboree Plaza and all potential impacts associated with the use have already been evaluated. 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 (Attachment C — Submitted Plans). City Council Report 3017 Edinger Avenue Page 7 Minimal landscaping may need to be removed in the planter area behind the sidewalk as a result of the express carwash. Proposed Condition 2.2 of Resolution No. 09-61, requires the applicant to replace any existing trees that would need to be removed as a result of the project with a minimum forty-eight inch (48") box size tree. 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. No parking issues are anticipated as a result of the proposed express -lane carwash, and the Jamboree Plaza Planned Community District Regulations do not identify any requirement of additional parking stalls for express carwashes. The proposed carwash would be an unmanned drive-through facility where patrons would not be required to leave their cars, and no additional employees would be necessary. The existing use of a service station and convenience market requires a total of fifteen (15) parking stalls. Currently the project site provides thirteen (13) parking stalls on-site and has always provided two parking stalls off-site within other areas of Jamboree Plaza. Implementation of the project would result in the loss of two (2) existing parking stalls on the project site, requiring a total of four (4) parking stalls off the project site and within the Jamboree Plaza parking area. 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 Resolution No. 09-61, the project has been conditioned to maintain the use of these necessary off-site parking stalls. 4le ml Zak, WLil— in City Council Report 3017 Edinger Avenue Page 9 The development of Jamboree Plaza along Edinger Avenue has a distinct streetscape setback. While the sidewalk and landscaped area along Edinger Avenue meander due to the various turn lanes, acceleration lanes, and bus turnouts, the buildings along Edinger Avenue follow a particular setback line. There would be no substantial change along the streetscape of Edinger Avenue due to the proposed carwash structure as it would fall in line with the visual sightlines of the existing buildings. The proposed carwash setback of fifteen (15) feet (CA 09-003) would be in keeping with the existing line of buildings along Edinger Avenue. When driving along Edinger Avenue a motorist would only notice the change in the sidewalk and landscape, but the building setbacks would remain consistent throughout the project. 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. 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. Subsequently, the City prepared an Environmental Analysis Checklist to evaluate the potential environmental impacts associated with Code Amendment 09-003 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. RyaSwiontek Associate Planner Elizabeth A. Binsack Community Development Director City Council Report 3017 Edinger Avenue Page 10 Attachments: A. 09/22/09 Planning Commission Staff Report and Draft Minutes B. Planning Commission Resolution No. 4126 C. Submitted Plans D. Submitted Letters E. Resolution No. 09-60 F. Ordinance No. 1370 G. Resolution No. 09-61 ATTACHMENT A PC STAFF REPORT DATED 09-22-09 AND DRAFT MINUTES Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNER: SEPTEMBER 22, 2009 CODE AMENDMENT 09-003 DESIGN REVIEW 09-004 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 #3 TUSTIN GENERAL PLAN: PLANNED COMMUNITY COMMERCIAL/BUSINESS ZONING: PLANNED COMMUNITY INDUSTRIAL (PC -IND) ENVIRONMENTAL 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 September 22, 2009 CA 09-003, 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); AND 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). 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; and, 3. Approve Design Review 09-004 to establish a self-service carwash located at 3017 Edinger Avenue. BACKGROUND On August 25, 2009, the City of Tustin Planning Commission held a public hearing to evaluate the application for Code Amendment 09-003, Design 09-004, and Conditional Use Permit 09-004. Upon review of the application, the Planning Commission continued the item to the September 22, 2009, Planning Commission meeting. The Planning Commission Report September 22, 2009 CA 09-003, DR 09-004 Page 3 Planning Commission requested further information on the project from staff and the applicant regarding the following items: Potential effects that the requested Type 21 Alcoholic Beverage License may have on the future communities within Tustin Legacy located in the vicinity of the project site across Edinger Avenue. Due to the proximity of the project site to the Metrolink commuter rail station, the Planning Commission also requested the input of the Orange County Transportation Authority which operates the Metrolink commuter rail system immediately to the north of the project site. 2. Visual clearance issues related to the positioning of the proposed carwash structure and existing monument sign, and the ability of motorists to see around the corner on Edinger Avenue. 3. Parking issues related to the project accommodating the minimum required parking stalls and where the proposed off-site parking would be provided within Jamboree Plaza. 4. The ability to effectively screen the proposed carwash with landscaping and ensure the replacement of any specimen trees with trees of a similar size. 5. Noise concerns regarding the operation of the proposed carwash and its Proximity to future residential uses across Edinger Avenue at Tustin Legacy. 6. Clarification on the setbacks of the existing buildings along Edinger Avenue and how the proposed carwash would affect the appearance of the streetscape along Edinger Avenue. 1i]I±-TIM319MIN Alcohol Sales The applicant has chosen to withdraw the request for an upgrade to the existing alcohol license which would have allowed for the sale of general alcoholic beverages for off-site consumption (Type 21 ABC License). No further discussion of the previously proposed alcoholic beverage license is warranted. Visual Clearance The Planning Commission questioned how the location of the proposed carwash structure and existing monument sign would affect visual clearance for motorists and pedestrians at the intersection of Edinger Avenue and Jamboree Plaza Drive. The intersection is signalized with crosswalks. There is a dedicated right turn lane into Jamboree Plaza from Edinger Avenue westbound and a left turn lane into Jamboree Plaza on Edinger Avenue eastbound. There are three (3) traffic lanes that exit from Planning Commission Report September 22, 2009 CA 09-003, DR 09-004 Page 4 Jamboree Plaza, two of which are dedicated left turn lanes while the third is a dedicated right turn lane (see Figure 1). In addition, the intersection is a T -intersection where there is traffic from only three directions. Upon approaching the intersection, the first car in this dedicated right turn lane would already be past the proposed carwash structure and the monument sign; thus, would not be visually impaired by the structure (see Figure 2). Furthermore, a motorist in this lane would have four traffic lanes, a median, and a sidewalk to look across for adequate sight distance (See Figure 3). The existing monument sign also has been permitted and was reviewed for visual clearance at the time of permit issuance. The City of Tustin Public Works Department re -reviewed the project and found that the proposed project would have no impacts to visual clearance. Figure 1 Figure 2 Planning Commission Report September 22, 2009 CA 09-003, DR 09-004 Page 5 Figure 3 Parking Staff does not anticipate any parking issues arising as a result of the proposed express - lane carwash, and the Jamboree Plaza Planned Community District Regulations do not identify any requirement of additional parking stalls for express carwashes. The proposed carwash would be an unmanned drive-through facility where patrons would not be required to leave their car, and no additional employees would be necessary. The existing use of a service station and convenience market requires a total of fifteen (15) parking stalls. Currently the project site provides thirteen (13) parking stalls on-site and has always provided two parking stalls off-site within other areas of Jamboree Plaza. Implementation of the project would result in the loss of two (2) existing parking stalls on the project site, requiring a total of four (4) parking stalls off the project site and within the Jamboree Plaza parking area. 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 Resolution No. 4126, the project has been conditioned to maintain the use of these necessary off-site parking stalls. Figure 4 shows the project site in relation to the thirteen (13) parking spaces with exclusive rights. It should also be noted that while there are exclusive rights to these stalls they are not posted as such with signs. The only posted signs indicate customer parking only and no Metrolink parking. Planning Commission Report September 22, 2009 CA 09-003, DR 09-004 Page 6 The condominium ownership portion of Jamboree Plaza does have shared parking. In analyzing the overall parking demands of Jamboree Plaza, which includes both the individual parcels and condominium ownership, there is a surplus of 13.74 parking stalls (Attachment B). All uses combined within Jamboree Plaza require a total of 498.26 parking stalls, and the center provides 512 parking stalls. Figure 4 Landscape Screening The Planning Commission expressed concerns regarding effective screening/buffering of the proposed express carwash structure along Edinger Avenue. In particular, there was a concern that some of the specimen trees along Edinger Avenue would need to be removed as a result of the project. Condition 2.2 of Resolution No. 4126 proposed replacing any trees that would need to be removed with new trees of a twenty-four inch (24") box size. At the last meeting, the Planning Commission recommended replacement trees of a minimum forty-eight inch (48") box size which has now been reflected in updated Condition 2.2. Staff has also updated Condition 2.2 to require shrub landscaping in addition to trees that will adequately screen the proposed carwash structure subject to the review and approval of the Community Development Department. Planning Commission Report September 22, 2009 CA 09-003, DR 09-004 Page 7 Noise Potential noise impacts associated with an express carwash were noted as a concern for the Planning Commission due to planned residential uses across Edinger Avenue on Tustin Legacy. Edinger Avenue is a six -lane major arterial highway with the Orange County Flood Control District channel running parallel along the southerly side of Edinger Avenue adjacent to Tustin Legacy. The proposed express carwash would be over 200 feet from the property lines of any potential residential properties across Edinger Avenue. There would also be project sound walls buffering any residential properties from Edinger Avenue as seen further down Edinger Avenue in the Columbus Square residential development. Proposed Condition 2.12 of Resolution No. 4126 would ensure that the proposed carwash operations abide by the City of Tustin Noise Ordinance. Building Setbacks The minimum building setback within Jamboree Plaza along Edinger Avenue is thirty (30) feet per the Jamboree Plaza Planned Community District Regulations. All setbacks are measured from the property lines which are at the back of the sidewalk. Staff re- measured the building setbacks along Edinger Avenue to clarify the existing setbacks. There are seven buildings/structures along the Edinger Avenue streetscape. Of these seven buildings/structures, four of them have setbacks from Edinger Avenue of less than thirty (30) feet. The shortest setback from Edinger Avenue for a building within Jamboree Plaza is approximately eighteen feet, two inches (18'2") (Figure 5). The development of Jamboree Plaza along Edinger Avenue has a distinct streetscape setback. While the sidewalk and landscaped area along Edinger Avenue meander due to the various turn lanes, acceleration lanes, and bus turnouts, the buildings along Edinger Avenue follow a particular setback line. There would be no substantial change along the streetscape of Edinger Avenue due to the proposed carwash structure as it would fall in line with the visual sightlines of the existing buildings. The proposed carwash setback of fifteen (15) feet (CA 09-003) would be in keeping with the existing line of buildings along Edinger Avenue. When driving along Edinger Avenue a motorist would only notice the change in the sidewalk and landscape, but the building setbacks would remain consistent throughout the project (Figure 6). Planning Commission Report September 22, 2009 CA 09-003, DR 09-004 Page 8 Figure 5 Planning Commission Report September 22, 2009 CA 09-003, DR 09-004 Page 9 Planning Commission Report September 22, 2009 CA 09-003, DR 09-004 Page 10 Based upon the above analysis, staff recommends that the Planning Commission recommend that the City Council find that this project is within the scope of the previously approved Negative Declarations, adopt Ordinance No. 1370 approving Code Amendment 09-003, and approve Design Review 09-004. A decision to recommend that the City Council approve the proposed project may be supported by the findings contained in Resolution No. 4126. The prior staff report dated August 25, 2009, and supplemental materials for the project are attached for reference. R Swiontek Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A. Planning Commission Staff Report dated August 25, 2009 B. Parking Summary for Jamboree Plaza C. Revised Resolution No. 4126 i. Exhibit A — Environmental Analysis ii. Exhibit B — Code Amendment 09-003 (Draft Ordinance No. 1370) iii. Exhibit C — DR 09-004 Conditions of Approval Motion: It was moved by Thompson, seconded by Puckett, to select Commissioner Murray as Chairperson Pro Tem. Motion carried 5-0. ROLL CALL Present: Chair Kozak, Chair Pro Tem Murray Commissioners Kasalek, Puckett, and Thompson Staff present Elizabeth Binsack, Community Development Director Dana Ogdon, Assistant Community Development Director David Kendig, Assistant City Attorney Terry Lutz, Principal Engineer Scott Reekstin, Senior Planner Amy Thomas, Senior Planner Ryan Swiontek, Associate Planner Eloise Harris, Recording Secretary None PUBLIC CONCERNS CONSENT CALENDAR Approved alternate 2. APPROVAL OF MINUTES — SEPTEMBER 8, 2009, version, including PLANNING COMMISSION MEETING. language requested by Commissioner Thompson Motion: It was moved by Thompson, seconded by Murray, to approve the version of the September 8, 2009, Planning Commission minutes that included a detailed list of the Planning Commission's reasons for continuing the item. Motion carried 5-0. PUBLIC HEARINGS Adopted Resolution No. 3. CONTINUED CODE AMENDMENT 09-003 AND DESIGN 4126, as amended REVIEW 09-004 REQUESTING AUTHORIZATION TO CONSTRUCT A SELF-SERVICE CARWASH IN CONJUNCTION WITH AN EXISTING SERVICE STATION AND FOOD -MART (DR 09-004); AND 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). THIS PROJECT IS LOCATED AT 3017 EDINGER AVENUE IN THE PLANNED COMMUNITY INDUSTRIAL (PC -IND) ZONING DISTRICT. Minutes — Planning Commission September 22, 2009 — Page 2 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4126 recommending that the City Council: a. Adopt findings that the project is within the scope of the previously approved Negative Declarations for Jamboree Plaza; b. Adopt Ordinance No. 1370 approving Code Amendment 09-003 to reduce the building setback along Edinger Avenue from thirty (30) feet to fifteen 915) feet within the Jamboree Plaza Planned Community District Regulations; c. Approve Design Review 09-004 to establish a self- service carwash located at 3017 Edinger Avenue; and, Planning Commission discussion ensued. The Public Hearing opened at 7:40 p.m. Peter Buffa, applicant's representative, referred to the documents he submitted for the Planning Commission's consideration, including: • The submitted informal parking study shows no problem at this site; there are 12 spaces under the canopy where customers can leave their vehicles while going in the mini -mart; the calculation of 22 spaces by Mr. Patel is inaccurate; as calculated by staff, it is 15 spaces; • A self-service carwash such as Mr. Patel's is different from an express drive-through carwash; • The canopy is not counted as part of the structure when calculating square footage; the applicant is at least 2,000 feet under the allowable square footage; • The aerial photo provided in the staff report clearly shows the setbacks are jagged throughout the area; • This will be a marked visual improvement to the existing structure; • A landscape plan will be submitted according to the conditions; • The carwash will not be operated 24 hours a day; Minutes — Planning Commission September 22, 2009 — Page 3 DGiG!lff� There are 26 or 28 business in the Center; 24 signed the letter of support submitted on behalf of the applicant. The following spoke in opposition to the project: • William Caplin, 3 Heartwood Way, Tustin 92780 • Kal Patel, 3017 Edinger, Tustin 92780 • John Carmichael, Patel's attorney, 9 Calico, Irvine 92614. The Public Hearing closed at 8:42 p.m. Further Planning Commission discussion ensued. Commission Thompson requested modifications to Resolution No. 4126 as follows: • Item I should include recognition that prior CUPS allowed the 18 -foot setback; letter of support and date; the parking survey provided by the applicant; prior existence of a drive through. • Conditon 2.3, item 2, language should be added indicating that the landscaping be layered to hide the building, 48 box trees replace the trees lost, and that the mature tree should be saved if at all possible. • Condition 2.11 should include language clarifying that all the approvals by the Association for parking and plan approvals be prior to the issuance of any permits. Motion: It was moved by Thompson to adopt Resolution No. 4126, with the suggested modifications, seconded by Murray. Motion carried 5-0. Adopted Resolution No. 4. CONTINUED CODE AMENDMENT 09-005: ORDINANCE 4121, as amended 1366 — STANDARDIZED APPEAL PROVISIONS/MINOR TEXT CORRECTIONS OF THE TUSTIN CITY CODE TO STANDARDIZE VARIOUS APPEAL PROVISIONS AND IMPLEMENT MINOR TEXT CORRECTIONS. The Tustin City Code has been amended many times over the years. Because of the various code amendments, procedural inconsistencies have been gradually introduced to the process of appealing actions. The proposed code amendments will standardize all related appeal filing deadlines, establish an appeals board hierarchy that is consistent from application to application, and amend other sections of the Zoning Code that are no longer applicable or relevant. Minutes — Planning Commission September 22, 2009 — Page 4 ATTACHMENT B PC RESOLUTION NO. 4126 RESOLUTION NO. 4126 A RESOLUTION OF THE CITY OF TUSTIN PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1370 APPROVING CODE AMENDMENT 09-003 AND APPROVE DESIGN REVIEW 09-004 FOR THE CONSTRUCTION OF AN EXPRESS CARWASH 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 reduce the building setback along Edinger Avenue from thirty feet (30') to fifteen feet (15') within the Jamboree Plaza Planned Community District Regulations. 2. Design Review 09-004 — A request to construct an express carwash in conjunction with an existing service station and food mart. B. 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 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. C. That Code Amendment 09-003 and Design Review 09-004 are considered a "project" pursuant to the terms of the California Environmental Quality Act. D. That an Environmental Analysis checklist, attached as Exhibit A hereto, was prepared to evaluate the potential environmental impacts associated with Code Amendment 09-003 and Design Review 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 Resolution No. 4126 Page 2 would be required. Accordingly, no new environmental document is required by CEQA. E. That a public hearing was duly called, noticed, and held on said application on August 25, 2009, and continued to the September 22, 2009 Planning Commission meeting. F. That the project applicant submitted a document signed by twenty-four (24) of the business owners within Jamboree Plaza in support of the proposed project. G. That the project applicant provided a parking survey of the project site identifying parking usage during a twenty-one (21) day period which indicated that the proposed project would not pose any parking shortage at the site. H. That on November 17, 1997 the City Council of Tustin adopted Ordinance No. 1191, approving Zone Change 97-002 to amend sections of the Jamboree Plaza Planned Community District Regulations and modify the Planning Area boundaries within Jamboree Plaza. This approved the current site plan for Jamboree Plaza. Prior actions by the City have allowed an eighteen (18) foot building setback to occur along the Edinger Avenue street frontage within Jamboree Plaza. Code Amendment 09-003 proposes a building setback of fifteen (15) feet from the Edinger Avenue right-of-way. 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. The proposed carwash would not significantly alter the building lines or visual streetscape along Edinger Avenue since the proposed carwash would be constructed in-line with other buildings in Jamboree Plaza along Edinger Avenue. J. 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. K. That there was a prior use of a drive-through lane on the property which has since been abandoned. The proposed express carwash would reestablish the abandoned drive-through lane on the property. Resolution No. 4126 Page 3 L. That the Jamboree Plaza Planned Community District Regulations allow carwashes within Planning Area A (project site) as principal uses permitted by right. M. That the location, size, architectural features, and general appearance of the new express 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. 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, adopt Ordinance No. 1370 approving Code Amendment 09-003 attached hereto as Exhibit B, and approve Design Review 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 22nd day of September, 2009. EV9 (4ZAK Chairperson C��" �' Z] 2, ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4126 Page 4 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 22nd day of September, 2009. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT C SUBMITTED PLANS n MIR I' I I 1--idd L 19ALill FUIE11 0 311N34V)119NlG3 • 0 0 TE flit M it on) So m G V 31; O anN3AV N.ADN103 19ALill FUIE11 Fr- L(eD� VP 311N34V)119NlG3 Fr- L(eD� flit M it fiw1 Tw�.cr9 +v y.w .n win., W,�,. �. nvarxxtirarsY.�v�lna wasw 713NM011N31'1J M'LISITi�NYld 3LS O- VlY0 iJ3fOMd JAIAYMO I I \ O �r� ~\ I J G � O I ��•.,\ \c3 i= INI \ � a�` I� ► a o O o �� 4Zo la i O a3, el r #. e x s3 \ -y3n�,-lam �Ll.w..wx,v, ,. w.ti•'nM'I SIS_---- --_--_--__--------- 4 , nxrv.xaln - z n$ a r� LO anNand x90Nia9 | / | | / | / | / | / | / | / |^ |.� | | / .. .�� | � � | / | | / | / | / | Lu UJ LU ZZ 7. oa ., --.. � Mw�wwtlN �0IX110W IRYN1vf�.tl�NVL110Q1! .ales s..L16tAlY y,v. MvovxaYr nam�wsvYnm vasau MA%O/JN3f1J VIVA JJ3P011d lloo 71U rs; GREASE TRAM) J C' �w SAI A M VUNiND OW i=y Qac d 1 _• G 0 N � v i t; - YlaligJM31NSVJ �� � k� Y91W10J \\ SAI A M VUNiND OW ... n^r..mwln �•l ; wA mw.�s.i ..r.�4i.•a.u[ E C " s.. n... e.0 mmAaIn216TtT1Nir W+�a IM IO]6W(AY MYMIYJ/M�NpLVA3Tl Nlidl •� ._tea nv.ao ,m n 1J3N „i" min+.w WVUVNO(M!i!A - 5]inM SgE3q IYlN.NO /.LN31lJ Y1Y4 ):Y.ifOiY 9N1,9VtlU h "} LU > ar Ki I C — a G (� C ■ ti � JI� i ® 0 y ■ o ■ •ON Vivo JL3,irovd %SOil�- F- Willa 11 - -4- 11111 ON V.LVG 1133to1a I"Avxu ATTACHMENT D SUBMITTED LETTERS RECEIVED 3017 EDINGER AVE TUSTIN CA 92780 SELF -SERVE PROPOSED VIOLATIONS SEP 17 2009 coMMUNrTY DEVELOPMENT 1) The request for authorization to construct a self-service carwash in BUILDING DIV. conjunction with an existing service station and food -mart at 3017 Edinger (parcel 9 of phase 1) should be denied based on the Jamboree Plaza Planned Community District Regulations (District Regulations). a) As it is proposed the site plan does not meet the minimum parking requirement of 22 spaces. (see page 2) b) District Regulations limit the property to on-site parking to meet minimum parking requirements. (see page 3) C) It would also take away the ability of the owners of parcel 2 phase I to expand up to 5341 sqft-allowable gross floor area. The right given to lot 2 phase I under the Jamboree Plaza reciprocal easements and CC&Rs (April 1, 1999) and limited by District Regulations. (see page 3) d) Considering that the self -serve carwash does not allow for the ability to stack cars it could prove to be detrimental to the public health, safety and welfare. (see page 4) e) District Regulations were established to "provide diversification of the relationships of uses, buildings, and structures in planned building groups." The self -serve site plan seeks to violate the provided diversification. f) The addition of a self -serve carwash would violate the original intent of the District Regulations "to encourage the appropriate use of land and creates a harmonious relationship among retail, commercial, auto related repair and service etc..." The addition of a second self -serve carwash would violate the intent to create a harmonious relationship among service. 2) The request would also violate the third amendment to the Jamboree Plaza reciprocal easements and CC&Rs (April 1, 1999) (3rd amendment). a) The Td amendment paragraph 12 grants exclusive right to the adjacent parking to adjacent lots of phase II and III therefore do not allow the self -serve carwash to obtain parking from adjacent lots to fulfill minimum parking requirement. (see page 5) b) The 3rd amendment Exhibit B specifically defines permitted building areas and uses for Parcels 9 of phase I. The allowable gross floor area is limited to 5,341sgft and it restricts the use to a service station. Page 1 of 12 Considering that the proposed site would be a restaurant, liquor store mart (retail), gas station and a self -serve carwash the 15 parking spaces would fall far short of the minimum required 23. (District Regulations page 14) Restaurant 500sgft 1/100sgft = 5 (District Regulations page 14) Retail 1488sgft 1/200sgft = 8 (District Regulations page 15)Service station 3720sgft 6 per service station = 6 (Tustin Municipal Code 9263) Self -serve carwash 2.5 spaces for each washing stall, for queuing and drying = 3 I MA3rl rINk-LU6UKL HANDICAPPM PATH L�uiiNvnic r.iN l A-! Nl;L OUTDOOR AREA Page 2 of 12 District Regulations 9 (Page 10) Paragraph 3.7 GENERAL DEVELOPMENT STANDARDS - A. Minimum Site Requirements 1 states: "The minimum site size those parcels located within Planning Areas A & B shall be that which in necessary to accommodate the structure, as well as all required on-site parking, landscaping and other site improvements. There shall be no minimum site size for parcels located within planning Areas C & D." (see Exhibit C of CC&Rs) District Regulations(page 1) 2.0 lists Total Authorized Building Square Footage of planning area A (parcels 1, 2 and 9) to 20,OOOsgft and 3 d Amendment to the CC&Rs (Exhibit B) further limits square footage by parcel. The total 7040sgft proposed for Parcel 9 erode into the 5,341 sqft allowed for Parcel 2 considering that Parcel 1 is built out. Parcel 1 - 9,461sqft Parcel 2 - 5,341 sqft Parcel 9 — 5,341 sqft Page 3 of 12 Any more than one car behind the one at the P.O. S. (point of sale) board would start to block the west entrance to the service station and or block the main entrance to the Jamboree Plaza. The addition of a carwash would only serve to exacerbate the negative impact on the local community noting that the site already contains a restaurant, liquor store, gas station and a convenience store. 13131 JAMBUREE RD SELF -SERVE BUD LIGHT DELIVERY TRUCK8:30A.M. HUJES Al I RAIN STATION 8:30A.M. COORS DELIVERY TRUCK 8:30A.M. Page 4 of 12 Paragraph 12 states: "The Users of Phase I shall have the exclusive right to park in the thirteen (13) parking spaces of the parcel C of Parcel Map 91-265 which are located adjacent to Parcel 3 of parcel Map 91-265 and depicted on the Site Plan attached hereto as Exhibit "C". The Users of Phase II and III shall have the exclusive right to park in the remainder of the Parking Spaces of Parcel C of Parcel map 91-265 and Parcel A, B and C of Parcel Map 97-164 Attached hereto as Exhibit "G" is a fire lane plan depicting the designated fire lanes within the parking area of Phase I. No User shall park any vehicle in the designated fire lanes within the Center, and the Association shall have the right to tow any such vehicle parked in violation hereof." (all the parcels are depicted on Exhibit C of the CC&Rs). Page 5 of 12 rP%jI Jamboree Plaza District Regulations Page 14 b• Manufacturing, Assembly, Research & Development One (1) space for each 500 Square feet of gross floor area but not logs than two (2) parking spaces for each three (3) employees, plus parking for other uses on the site. c. warehouse One (1) space for each 1,000 8e feet of gross floor area for the first 20,000 square feet; one•(1) space f©r each 2,000 square feet for the second 20,00.0 square feet; one (1) space for each 41000 square feet Of gross floor area for areas in excess of the initial 40,000 square feet of floor area of the building but not less than two (2) parking spaces for each three ( 3 ) ezInployeB, Plug; Parking for other uses on the site. d. Retail One parking space per each 200 square feet of gross floor area unless otherwise specified. e. Auto service One parking space per each 500 square feet of vehicle service and storage area and one space per each 200 square feet of retail, showroom, customer waiting and office areas. f. Restaurants One parking space per each 100 square feet of gross floor area, plus minimum stacking area for seven (7) cars where a drive-thru service window is provided. Stacking distance is determined from the menu order board to the entrance to the drive--thru lane. Page 6 of 12 v�losSYVC.I �'1Plot IS ( Jamboree Plaza District Regulations Page 15 g• Gas Stations Six per service station. h• Carwashes One parking space per each employee based upon the largest shift, including drying attendants. i. Public Agency Facilities One space for each 250 squame feet of gross floor area plus one space per each company vehicle. J• Professional, Instructional, Motivational Vocational and/or Seminar Schools One space for each two students at maximum enrollment and one space for each instructor, or one space for ~` each 50 square feet of occupied area, whichever is greater. Tf, however, classes are limited to mil dron under 16 years of age, the parking requirements shall be as follows: one space for each instructor, plus one loading space for each eight children. k. Dance Studios, Batting Cages and gymnastics Studios One space per each three (3) person allowed under the occupancy of the building. 1. Churches Assembly area and foyer: one space per every three (3) seats or one per every 35 square feet of gross floor area when seating is not: designated. Sunday school, conference, and classrooms (if used simultaneously with assembly area): one space per every three seats or one per every 35 Page 7 of 12 j Jamboree Plaza District Regulations Page 10 E. The keeping and raising of mink F. Any and all residential uses except hotels and motels operated on a per night basis. 3.6 UNLISTED USES Those uses not specifically listed are subject to a determination by the Community Development Director as either Permitted, conditionally permitted or accessory and in which Planning Area the use could be located. Decisions of the Director are appealable to the Planning Commission. 3.7 4V2WJM DUVELOVXBNT STANDARDS A. Minimum Site RequirOAMpts 1. The minimum site size those parcels located within Planning Areas A & B shall be that which is necessary to accommodate the structure, as well as all required on-site parking, landscaping and other site improvements. There shall be no minim= site size for parcels located within Planning Areas C & D. 2. The maximum building site coverage for structures located within Planning Areas A a B shall not exceed 50 percent. The maxi building site coverage for structures located in Planning Areas C & D shall not exceed 1.00%. 8. Min�ttum Buy 1 ding Setbac�� - All setbacks shall be measured from the property lime. 1. From Jamhnrpe Plaza Planned Comnun itV Q— s�t . ict Boundaries - All Planned Community Diigtriet Boundary building setback areas shall be landscaped, except for areas of vehicular or pedestrian access ways: a. Edinger Avenue - a minimum of thirty (30) feet. b. Jamboree Road - a minimum of thirty (30) feet. C. AT&SF Railroad - a minimum of five (5) feet. Page 8 of 12 0 • M DESIGNATED 1 PARKING SPACES Ibi�Np IOD NonOieeo D , . . T" 106 Legend D.aoln Rspr.cel A944*1 Eo�.rmnl EXHIBIT "C" JAMBOREE PLAZA PHASE I 11sc¢rocd A=8W EDW—$$ Cr(wmgl EXHIBIT C (CONTINUED)' SITE PLAN FOR PHASE,1' (PAGE 2 ,OF,2,,,PAGES) Page 9 of 12 .REFERENCES_ s%dw" Arm Setym Ls Ful 01 APO" Scotlan Ai &AW" LWM UN 34com 1114 tAvcln9 NM.dM WAN 11.3 SHEET 2 OF 2 SHEET 9p 141 1+rt c, SR1"5. C Jamboree Plaza District Regulations Page 1 1.0 INTRODUCTION The regulations set forth in this ordinance for the Jamboree Plaza Planned Community District have been established to satisfy the Planned Community District Regulations of the Tustin City Code and to provide diversification of the relationships of uses, buildings, and structures in planned building groups. The application of these regulations is specifically intended to encourage the appropriate use of land and create a harmonious relationship among retail, commercial, auto related repair and service, off.iee, light industrial and public agency uses and protect the health, aafsty and general welfare of the community and provide the flexibility needed to create a quality environment. Development within the Jamboree Plaza Planned Community shall occur pursuant to these Planned Community Regulations. 2.0 STATISTICAL SM61ARY/LAND USE DESIGNATIONS There are four (4) separate land use categories provided within the Jamboree Plaza Planned Community. Land use designations are shown on Exhibit 1 with a statistical summary of each planning area as follows: PLAMINC AREA TOTAL AUTHORIZED BUILDINc3 SO �R`E F4�C5'i' A ZU, 000 B 9,150 C 23,200 D 73,400 B/C 5,450 B/D 22,000 C/D 10,000 TOTAL AUTHORIZED BUILDING SQUARE FOOTAGE 163,200 Page 10 of 12 3r4 V :W" �►� 6. Declarant. The Declarant and the Owners consenting to this Third Amendment each hereby acknowledges and agrees that (i) Jamboree Plaza Holdings LLC has replaced AB REO as the Declarant under the Declaration, and has succeed to all of the tights, Powers and reservations of AB REO, (ii) Declarant has agreed to assume all of the duties of AB REO which have arisen or accrued on or after November 14, 1997, (iii) Section 1.13 of the Declaration is hereby amended to provide that Jamboree Plaza Holdings. LLC, a Delaware limited liability company, and its successors and assigns pursuant to Section 20.1 of the Declaration shall be the "Declarant" under the Declaration, and (iv) any and all other retbrances to the Original Declarant or AB REO in the Declaration is hereby deleted and replaced with Declarant. 7. Otiice/Warehouse Center. Section 1.24 of the Declaration is hereby deleted in its entirety. Any and all references in the Declaration to the term "Office/Warehouse Center" are hereby deleted. 8. Parcel. Parcels I through 6, 9, and A through E of Phase I as described in the Original Declaration, the First Amendment and the Second Amendment, shall mean the respective Parcels described in Parcel Map 91-265. Parcels 1 through 22 and A through C of Phases II and III shall mean the respective Parcels of Parcel Map 97-164. 9. Parcel Map 97-164, The Declarant has caused or shall cause that certain Parcel Map No. 97-164 for Phases H and III attached hereto as Exhibit "A-1" to recorded in the OffIcial. Records of Orange County, California ("Parcel Map 97-164"). The term "Parti Map", as used .in the Declaration, shall also include, without limitation, Parcel Map 97-164. 10. Retail Center, Section 1.33 of the Dccl'aration is hereby deleted in its entirety. Any and all references in the Declaration to the term "Retail Center" are hereby deleted. , 11. Site Plan, The Site Plan for development of Phases II and 111 is attached hereto as Exhibit "C". The term "Site Plan" as used in the Declaration shall paean the Site Plan for Phase 1 attached to the Original Declaration as Exhibit "C", as amended by the Second Amendment, together with the Site Plan for Phases iI and M attached hereto as Exhibit "C". 12. Parking. The Users of Phase I shall have the exclusive right to park in the thirteen (13) parking spaces of Parcel C of Parcel Map 91-265 which are located adjacent to Parcel 3 of Parcel Map 91-265 and depicted on the Site Plan attached hereto as Exhibit "C". The Users of Phases II and III shall have the exclusive right to park in the remainder of the. Parking Spaces of Parcel C of Parcel Map 91-265 and Parcels A, B and C of Parcel Map 97-164. Attached hereto as Exhibit "G" is a fire lane plan depicting the designated fire lanes within Phases II and III of the Center. The fire lanes for Phase I are identified by red curbs within the parking area of Phase I. No User shall park any vehicle in the designated fire lanes within the Center, and the Association shall have the right to tow any such vehicle parked in violation hereof. 13. Construction and Installation; Timing Restriction on Construction. Section 4.4(c) of the Declaration is hereby deleted in its entirety. WLTAYLOW31 I W45557v14 Ordow- nam Descriotion' 1999.252189 PAe3 4 912 Comment: 3rc� �tw�thiw�rh� ExIMloii «B � Z�ap.0 11. 4 .:r ocrS"SM-23 97/or1 Order. pem Description: 1999.252189 b;pjd 2 Comment: EXHIBIT "B" :.y TADLZ OF BUIWI 1G ARyAS AND USES . FOR PS�1.�E t fP�A�Li, Allowable PlMd N4. Gran Rooms � Parcel 1 9,461 Car WA* Pared 2 3,341 Food $WWI= Par+ d 3 3,000 Auto service Paerod 4 , 12,337 A>uM survict " Percei.3 4,014 Auto seyla; Pared 6 4,477 Auto erervia PUVW 9 5,341 Savice said= Z�ap.0 11. 4 .:r ocrS"SM-23 97/or1 Order. pem Description: 1999.252189 b;pjd 2 Comment: September 14, 2009 Chairman Charles Puckett & Honorable Commissioners Tustin Planning Commission Mayor Doug Davert & Honorable Council Members Tustin City Council City of Tustin 300 Centennial Way Tustin, California 92780 Dear Commissioners and Council Members: Palo i RECEIVED . SEP 8 22009 COMMUNITY DEVELOPMENT BUILDING DIV. We have been informed that the Union 76 gas station mini -mart in Jamboree Plaza, owned and operated by Dr. H. Sahota and Danny Singh, is requesting a CUP from the City to install an express carwash in what was previously a fast- food drive-through running along the southern edge of the site. As owners and/or tenants of Jamboree Plaza, please know that Danny Singh has our support in adding an express car wash, which will result in no significant parking or circulation impacts on our businesses, and will significantly improve the view of the southern wall of the mini -mart versus the bare wall and remnants of the drive-through that are there now. Thank you for your consideration in this matter and we respectfully request your support of this application. JAMBOREE PLAZA BUSINESS 77" DATE Pap � a____MNW— September 14, 2009 Chairman Charles Puckett & Honorable Commissioners Tustin Planning Commission Mayor Doug Davert & Honorable Council Members Tustin City Council City of Tustin 300 Centennial Way Tustin, California 92780 Dear Commissioners and Council Members: We have been informed that the Union 76 gas station mini -mart in Jamboree Plaza, owned and operated by Dr. H. Sahota and Danny Singh, is requesting a CUP from the City to install an express carwash in what was previously a fast- food drive-through running along the southern edge of the site. As owners and/or tenants of Jamboree Plaza, please know that Danny Singh has our support in adding an express car wash, which will result in no significant parking or circulation impacts on our businesses, and will significantly improve the view of the southern wall of the mini -mart versus the bare wall and remnants of the drive-through that are there now. Thank you for your consideration in this matter and we respectfully request your support of this application. NAME JAMBOREE PLAZA BUSINESS DATE -Zcc-4 9 , /,� e-. 5P to ✓< <LL September 14, 2009 Chairman Charles Puckett & Honorable Commissioners Tustin Planning Commission Mayor Doug Davert & Honorable Council Members Tustin City Council City of Tustin 300 Centennial Way Tustin, California 92780 Dear Commissioners and Council Members: We have been informed that the Union 76 gas station mini -mart in Jamboree Plaza, owned and operated by Dr. H. Sahota and Danny Singh, is requesting a CUP from the City to install an express carwash in what was previously a fast- food drive-through running along the southern edge of the site. As owners and/or tenants of Jamboree Plaza, please know that Danny Singh has our support in adding an express car wash, which will result in no significant parking or circulation impacts on our businesses, and will significantly improve the view of the southern wall of the mini -mart versus the bare wall and remnants of the drive-through that are there now. Thank you for your consideration in this matter and we respectfully request your support of this application. NAME JAMBOREE PLAZA BUSINESS DATE l3 /y / T,4. , /ZV Z,c' A 17 IC'Qf> Smt �8 IL _j ,2D SyST� S a 2G&/jaw - a i i ra9e� 3 fl, September 14, 2009 Chairman Charles Puckett & Honorable Commissioners Tustin Planning Commission Mayor Doug Davert & Honorable Council Members Tustin City Council City of Tustin 300 Centennial Way Tustin, California 92780 Dear Commissioners and Council Members: We have been informed that the Union 76 gas station mini -mart in Jamboree Plaza, owned and operated by Dr. H. Sahota and Danny Singh, is requesting a CUP from the City to install an express carwash in what was previously a fast- food drive-through running along the southern edge of the site. As owners and/or tenants of Jamboree Plaza, please know that Danny Singh has our support in adding an express car wash, which will result in no significant parking or circulation impacts on our businesses, and will significantly improve the view of the southern wall of the mini -mart versus the bare wall and remnants of the drive-through that are there now. Thank you for your consideration in this matter and we respectfully request your support of this application. NAME JAMBOREE PLAZA BUSINESS DAT 17 •�l N C1 fiA W" 0 �& PARKING SURVEY — 3017 EAST EDINGER Monday, August 31— Sunday, September 20, 2009 RECEIVED SEP 3 12009 COMMUNITY DEVELOPMENT BUILDING DIV. • Survey indicates number of 11 on -sibs spaces occupied at 8:30AM, 12:30PM and 5:30PM; does not include 4 oft -site spaces. • Note: 11 on-site spaces aro in addition to 12 spaces at the pump Islands, which are the most frequently used parking spaces for customers entering the mini -mart during or following a gas purchase. 18:30AM MON AUG 31 TUES SEPT 1 WEDS SEPT 2 THUR SEPT 3 FRI SEPT 4 SAT SEPT 5 SUN SEPT 6 8:30 AM 3/11 4/11 3/11 4/11 3/11 2111 2/11 12:30PM 8/11 17111 9/11 7/11 8/11 5/11 3/11 5:30 PM 15111 14111 5/11 14111 1 4/11 1 5/11 13111 2111 2/11 18:30AM MON SEPT 7 (LABOR DA TUES SEPT 8 WEDS SEPT 19 THUR SEPT 10 FRI SEPT 11 SAT SEPT 12 SUN SEPT 11 8:30 AM 1/11 4/11 3/11 4/11 2/11 4/11 1/11 12:30PM 3/11 6/11 9/11 8/11 8/11 2/11 3/11 5:30 PM 12111 14111 15111 1 3/11 5/11 12111 2111 3/11 18:30AM MON SEPT 14 TOES SEPT 15 WEDS SEPT 16 THUR SEPT 17 FRI SEPT 18 SAT SEPT 19 SUN SEPT 20 2/11 3/11 4/11 4/11 3/11 2/11 1/11 12:30PM 6/11 7/11 8/11 7/11 7/11 4/11 3/11 5:30 PM 15111 13111 14111 1 3/11 14111 2111 2111 RECEIVE SEP 2 2 2009 COMMUNITY DIPME7 D .cyw.s....♦itw , .n. r EXHIBIT C SITE PLAN FOR PHASE 1 (PAGE 1 OF 2 PAGES) /Tamporeq Posdwol IM PCL Z .SIGNATED �tiKING SPACES Mal 103 PcL 1 nd� 3 lel 106 egend MM Dentes Cammen Area RI A Donates Common Area Rl. RMM Denotes Gammon Area, 00 611+01 POS NIBIT "C" ABOREE PLAZA ISE I ueen Arena I? 0'.a f, i , n. 9� •,,• s ;tel ? \�� •'•�'po/i r'drURG� �Ao9►�S: C �Oy c � 'ZY s REFERENCES 8ulidkq Areae section t G Parking Areae Section 3.1 bulldwq Unil1 Line Section 4.1(0' La"" / UnbodVq Section 12.3 SHEET I OF? SHEET cM .11L 29463 DESIGNATED PARKING SPACES FWW" 101 t1en01ce► _ b • . . Teel 106 Le end Ocnoles Refir-41t Access EOsnrnm EXHIBIT 11Cu JAMBOREE PLAZA PHASE I pteg* od AMOU E014MCMI EXHIBIT C (CONTINUED) - SITE PLAN FOR PHASE 1' (PAGE 2.OF•2.••PAGES) n REFERENCES_ : et"dq A" SecOn L6 P" M pall s4cfkn 11 SAW" um Uns scom 411 Leaaln9 /un1.NM $cc%" 1z SHEET 2 OF 2 SHEET 9201�rr,z.K�1w.w�.«a.• possible uses thereof with neighboring structures and uses; ' effect of Parcel Readjustment on future development of the Property as well as compatibility with surrounding development: Prior to Declarant Divestment, possible adverse effect upon development potential of Parcels owned by Declarant or those related to Declarant shall be grounds sufficient upon which to predicate a denial of a request for Parcel Readjustment. 9.4 Frei iminary Plans Prior to submission to governmental authorities, the Owner shall submit three (3) sets of preliminary Plans, prepared by an architect approved by the Committee and licensed to practice architecture in the state of California, in such form as may reasonably be required by the Committee for approval. Within thirty (301) days after receipt thereof, the Committee shall either (i) approve the Plans or (ii) reject the Plans, stating the reason for the rejection and where appropriate, the,changes, modifications and/or corrections which the Committee demands, as a condition for approval. Thereafter, within the succeeding six (6) month period of time, from the initial submiskion to the Committee, the Owner may make further submissions of Plans until such time as approval is granted, and on each occasion the committee shall respond within thirty (30) days stating that the Plans (i) have been approved or (ii) stating that the Plans have been disapproved and, if so, the reasons therefor and, if appropriate, the changes, modifications or corrections desired as a condition of approval. i 9.5 Final Plans Following approval of the preliminary Plans, the Owner shall cause final Plans to be prepared and shall submit them in -triplicate to the Committee for approval. The approval process outlined in the preceding paragraph with reference to the preliminary Plans shall also be followed with respect to the final Plans. The final Plans shall be defined as j all documents required to be submitted to the relevant governmental authorities precedent to the issuance of a valid building permit. 9.6 Local Restrictions The restrictions stated in this Declaration shall be in addition to any other restrictions of record or such restrictions as may be imposed by the City of Tustin, any governmental agency or any assessment district. 9.7 Grounds or Plan Disanoroval The Committee may dis- approve any and all Plans submitted on any reasonable ground including but not limited to any of the following: (a) failure • Kemper\Jamb0ree\Decl-3.d0e 32 10 • will minimize the visibility thereof from other 'Parcels and adjacent streets. The roof surfaces, all electrical and mechanical apparatus, equipment, fixtures, conduit, ducts, vents, flues and pipes mounted or placed upon the roof surface, or extending above the roof line of any building or structure, shall be concealed from view from the streets and from buildings on other Parcels in an architecturally treated manner approved by the Committee, unless the Committee has granted specific written approval of other measures which would minimize the visual effects as viewed from the streets and other buildings on other Parcels. 11.7 utilities. All on-site electrical, telephone and other utility lines shall be underdFound, and shall not be exposed on the exterior of any structure unless approved in writing by the Committee. 11.8 Standards for Unimproved Parcels. Nothing contained in this Article 11 shall be construed to require the owner of an unimproved Parcel to meet the same standards as the owner of a fully improved Parcel (i.e., a Parcel with a building constructed upon it); provided, however, that in all events such owner shall be required to keep such unimproved Parcel in a clean and weed free condition and to maintain the same in accordance with the standards set forth in Section 4.6. 11.9 Approvals Rewired. Nothing contained in this Article 11 shall be deemed to relieve owner from obtaining approvals required under the terms of Section 9.1 hereof. ARTICLE 12 12.1 Parking. For each improvement constructed on a Parcel, there shall be provided Parking Areas on the Parcel, laid out and constructed in accordance with the Site Plan. such Parking Areas shall be constructed of all-weather, dust -free surface, and i maintained thereafter in first-class condition. 12.2 Parking Control. Each Owner shall have the right to eject or cause the ejection from the Parking Area on its Parcel of any person or persons not authorized, empowered or privileged to use such Parking Area, and each owner shall have the right to close off its Parking Area or portions thereof for such reason- able periods of time as may be legally necessary to prevent the acquisition of Rrescriptive rights by anyone. 37 xemperwamboreewecl-7.doc ?.Wt� C Lf -0 %c 7 4 EXHIBIT "C" all -- --------•-------- C-1 Order. pam Description: 1999.252189 Page 27 of 80 Comment ARTICLE 9 LAND USE Page 99 of 195 residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities includes the following: A "Collection Facility" is a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power -driven processing equipment except as indicated in Section 4 Criteria and Standards. Collection Facilities may include the following: 1. Reverse Vending Machines which occupy an area of not more than fifty (50) square feet. 2. Bulk reverse vending machines occupying no more than five hundred (500) square feet. 3. Large collection facilities which occupy a permanent building or store front. (Ord. No. 993, Sec. 1, 9-8-87) "Redemption" and "Redeem" means the return to a recycling center of an empty beverage container for a refund of at least the redemption value and any applicable redemption bonus. "Rest Home" means any premises licensed under Section 2300 of the Welfare and Institutions Code of the State of California. (Ord. No. 157, Sec. 11.37) "Rooming House" --See Boarding House. (Ord. No. 157, Sec. 11.38) "Sanitarium" means a health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs. (Ord. No. 157, Sec. 11.39) "Second Residential Unit" means a building or portion thereof designed for residential occupancy on a lot developed with a legal conforming single-family dwelling. (Ord. No. 1271, Sec. VIII, 6-2-03) "Service Station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, charging and replacement, not including repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; also including the following operations if conducted within a building; lubrication of motor vehicles; brake servicing limited to servicing and replacement of brake cylinders and brake shoes; wheel balancing; the testing, adjustment, and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring. (Ord. No. 157, Sec. 11.40) "Setback Lines" means a line established by this Chapter to govern the placement of buildings or structures with respect to lot lines, streets or alleys. (Ord. No. 157, Sec. 11.41) "Side and Front of Corner Lots" means the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces. (Ord. No. 157, Sec. 11.42) "Signs" means any advertising display or structure. (Ord. No. 157, See. 11.43) "Small Animal Hospital or Clinic" means a place where small animals, such as dogs, cats, birds, and the like, are given medical or surgical treatment. (Ord. No. 352, Sec. 2) "Special Event" means any commercial, civic, patriotic, religious, cultural, community or political event taking place on a specific date or dates or other such occurrence as determined by the Director of Community Development. (Ord. No. 1123, Sec. 2, 6-6-94) "Specialty Store" means a market or retail store other than convenience stores with fewer than 3,500 square feet in gross floor area with limited hours of operation, located in a retail center with more than three (3) retail tenants, that offers a combination of unique foods and beverages not commonly found in convenience or food markets or other retail stores for off-site use or consumption and where alcoholic beverage sales are incidental with no more than fifteen (15) square feet of the retail floor devoted to display of non -refrigerated alcoholic beverage sales for off-site consumption and no sales of refrigerated alcoholic beverages. (Ord. No. 1237, Sec. 2, 6-4-01) "Specified Anatomical Areas" shall mean: (1) Less than completely and opaquely covered: (a) Human genitals, pubic regions; (b) Buttock; and �1f. 6 v http://Iibrary2.municode.com/minutes/DocView/I 1307/1/10 9/2?/?n09 TUSTIN MUNICIPAL CODE 9263 OFF-STREET PARKING REQUIRED Restaurants, cafes, cafeterias, lounges, or similar establishments for the consumption of food and beverages on the premises 1 space for each 100 sq. ft. of gross floor area, plus minimum 7 car stacking space for drive-through Parking for self -serve - District Regulations 3.7.F. La states "All uses shall provide off-street parking in accordance with subsection 2 below. The requirements for any use not listed specifically shall be determined by the Community Development Director on the basis of the requirements for similar uses. Etc..." h. Carwashes — One parking space per each employee based upon the largest shift, including drying attendants. Tustin Municipal Code 9263 Self -serve carwash 2.5 spaces for each washing stall, for queuing and drying. TUSTIN MUNICIPAL CODE 9297 DEFINITIONS "Service Station" means an occupancy which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, charging and replacement, not including repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; also including the following operations if conducted within a building; lubrication of motor vehicles; brake servicing limited to servicing and replacement of brake cylinders and brake shoes; wheel balancing; the testing, adjustment, and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring. (Ord. No. 157, Sec. 11.40) ?,q t 7 of `7 ATTACHMENT E RESOLUTION NO. 09-60 RESOLUTION NO. 09-60 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL FINDING THAT CODE AMENDMENT 09-003 AND DESIGN REVIEW 09-004 ARE WITHIN THE SCOPE OF THE PREVIOUSLY APPROVED NEGATIVE DECLARATIONS FOR JAMBOREE PLAZA. The City Council of the City of Tustin does hereby resolve as follows: A. That Code Amendment 09-003 and Design Review 09-004 are considered a "project' pursuant to the terms of the California Environmental Quality Act. B. 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. C. 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. D. 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. E. 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. On August 27, 2009, Conditional Use Permit 09-004 was formally withdrawn by the applicant. 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. F. That a public hearing was duly called, noticed, and held on said application on August 25, 2009 before the Planning Commission, and continued to the September 22, 2009 Planning Commission meeting. G. That on September 22, 2009, the Planning Commission adopted Resolution No. 4126, recommending that the City Council adopt findings that Code Amendment 09-003 and Design Review 09-004 are within the scope of the previously approved Negative Declarations for Jamboree Plaza. Resolution No. 09-60 Page 2 H. That a public hearing was duly called, noticed, and held on said application on October 20, 2009 before the City Council. That the City Council has considered the Environmental Checklist along with the prior Negative Declarations prior to making a decision on Code Amendment 09-003 and Design Review 09-004 and finds that the Environmental Checklist is sufficient for the proposed project, attached hereto as Exhibit A. II. The City Council finds that this project is within the scope of the previously approved Negative Declarations and that pursuant to Title 14 California Code of Regulations Section 15162 no new effects could occur, and no new mitigation measures would be required. Accordingly, no new environmental document is required by CEQA. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of October, 2009. DOUG DAVERT MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 09-60 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of October, 2009 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial PVay, 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 — Commercial/Industrial 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 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. 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. ❑Land Use and Planning ❑Population and Housing ❑Geology and Soils ❑Hydrology and Water Quality ❑Air Quality ❑Transportation & Circulation ❑Biological Resources ❑Mineral Resources ❑Agricultural Resources C. DETERMINATION: 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 ❑ 1 rind that the proposed project COULD NOT have a significant etTect 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. ❑ 1 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. ❑ 1 find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparers ' �" Date: -08-01-09 Ryan, Swiontek, Associate Planner .t Date 08-01-09 Elizabeth A. Binsack, Community Development Director D. EVALUATION OF ENVIRONMENTAL IMPACTS See Attachment A attached to this Checklist F,VALUATION OF ENVIRONMENTAL IMPACTS 1. AES'T'HETICS —Would the project: a) l lave 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? 11. AGRICULTURE RESOURCES: Indetermining 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? III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? 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- attainrnent 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'? ,:) Create objectionable odors affecting a substantial number of people? ❑ No .Substantial New More (:hartge From Significant .Severe Previous Npact Impacts Analysis ❑ ❑ 0 ❑ Cl 11 ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ Cl 11 ❑ ❑ ❑ ❑ 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 plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, 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? a) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in � 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries'? VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: No Substantia! New More Change From Signyicant .Severe Previous Impact Impacts .Inaiysis ❑ ❑ 2 ❑ ❑ ❑ ❑ z ❑ ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ 11 ❑ ❑El 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? VH. HAZARDS .+►ND HAZARDOUS MATE Rik S: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through 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 ;ignifrcant hazard to the public or the environment? 0 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? t) 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 Vuhstantial New More Change h'rom .S' gnyicanl Vevere Previous Impact Impacts Analysis ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ a ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 0 h) F,xpose people or structures to a significant risk of loss, injury or death involving wildland tires, 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 after 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 ofd 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? t) 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? Ii) 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 levee or dam'? J) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING— Would the project: t) Physically divide an established community? ❑ ❑ 11 ❑ ❑ 0 ❑ ❑ El ❑ ❑ El No Substantial ❑ ivew afore Change From El 5ignyicant Severe Previous g) Impair implementation of or physically interfere with an fmpact Impacts Analysis adopted emergency response plan or emergency evacuation a ❑ ❑ pian'! ❑ ❑ h) F,xpose people or structures to a significant risk of loss, injury or death involving wildland tires, 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 after 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 ofd 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? t) 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? Ii) 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 levee or dam'? J) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING— Would the project: t) Physically divide an established community? ❑ ❑ 11 ❑ ❑ 0 ❑ ❑ El ❑ ❑ El ❑ ❑ 11 ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ a ❑ ❑ �❑ ❑ ❑ 11 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? XI. 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 groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? t) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XII. POPULATION AND HOUSING — Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)'? b) Displace substantial numbers of existing housing, uecessttating the construction of replacement housing elsewhere? No Substantial New More Change From .Signgicant Severe Previous Impact Impacts Analvsis ❑ ❑ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ ❑ ❑ 0 No Substantial New More Change From Significant Severe Previous Impact Impacts Analysis c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere'? ❑ ❑ X111. 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? 0 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. ;harp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 0 Result in inadequate emergency access? 0 Result in inadequate parking capacity? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ,) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS— Would YSTEMS—Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water duality 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? 1) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ly o) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples 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 .ire considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the t fects of probable future projects)? c) Does the project have environmental effects which will Lause substantial adverse effects on human beings, either directly or indirectly? Mo Substantial New More Change From Signi/icant Severe Previous Impact Impacts Analvsis ❑ ❑ 0 ❑ ❑ E ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ ❑ ❑ 0 ❑ ❑ 0 ❑ ❑ 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 ©range 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 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, 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 (30) 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 Fvaluation of Environmental Impacts C\ 09-003, CUP 09-004. DR 09-004 Pape 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 21 License for the establishment. PREVIOUS ENVIRONMENTAL DOCUMENTATI01�1 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 permitted uses and this zone change amended the text to also allow self-service carwashes as permitted uses. 'Tlle 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 cttects 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. L AESTHETICS — Would the project: a) Have a substantial adverse effect on a scenic vista? h) 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 Substandal 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 PIaza Planned Community District Regulations Tustin General Plan IL 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? ;Vo Substantial Change Jrom 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 baring 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. Mitigation/Monitoring Required: No mitigation is required. Solaces: 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 III. AIR QUALITY — Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? F,valuation of Environmental Impacts CA 09-003. CUP 094004, DR 09-004 Page 6 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. ,Vfitigation/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 1V. BIOLOGICAL RESOURCES — Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service`! c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal 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? 1) 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 Substantial Change from Previous Analyse 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. MitigationiMonitoring 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? ,Vo Substantial 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 1'sge 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 ',Vonitoring 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 VI. GEOLOGY APUD 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 Nunes 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. Mitigation/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. FIAZARDS 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 ,Vo 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. JlfitigatiowMonitoring 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 Vage I l 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, tsunamL or mudflow? :Vo Substantial 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 No 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 1- 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? ,Vo 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 around 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? :Yo 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 I'age 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)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 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 Hi4 ation/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 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? Ne Substantial 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 li-om the analysis previously completed in the Negative Declarations. ,tilitigationlMonitoring 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? 1'Naluation of Environmental Impacts CA 09-003, CUP 09-004, DR 09-004 Paige 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? r) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? ,'Vo 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. Nfitigation/Monitoring Required: No new mitigation is required Sources: Field Observations KHR 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 YVI. 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.4nalysis 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. MitigationlMonitoring 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. ATTACHMENT F ORDINANCE 1370 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. 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.). C. 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. D. That a public hearing was duly called, noticed, and held on said application on August 25, 2009, by the Planning Commission. The Planning Commission continued the item to the September 22, 2009 Planning Commission meeting. E. That on September 22, 2009, the Planning Commission adopted Resolution No. 4126, recommending that the City Council adopt findings that Code Amendment 09-003 and Design Review 09-004 are within the scope of the previously approved Negative Declarations for Jamboree Plaza and recommending that the City Council approve Code Amendment 09-003 and Design Review 09- 004 for an express carwash. F. That a public hearing was duly called, noticed, and held on said application on the 20' day of October, 2009, by the City Council. Ordinance No. 1370 Page 2 G. That on October 20, 2009, the Tustin City Council adopted Resolution No. 09-43 finding that Code Amendment 09-003 and Design Review 09-004 are within the scope of previously approved Negative Declarations for Jamboree Plaza. H. 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 adopts Ordinance No. 1370 approving Code Amendment 09-003 by amending Section 3.7131a. of the Jamboree Plaza Planned Community District Regulations to read as follows: a. Edinger Avenue —a minimum of thiFty (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. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the day of , 2009. DOUG DAVERT Mayor PAMELA STOKER City Clerk Ordinance No. 1370 Page 3 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 dul� and regularly introduced at a regular meeting of the Tustin City Council, held on the 20t day of October, 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 ATTACHMENT G RESOLUTION NO. 09-61 RESOLUTION NO. 09-61 A RESOLUTION OF THE CITY OF TUSTIN CITY COUNCIL RECOMMENDING THAT THE CITY COUNCIL APPROVING DESIGN REVIEW 09-004 FOR THE CONSTRUCTION OF AN EXPRESS CARWASH FOR THE PROPERTY LOCATED AT 3017 EDINGER AVENUE. I. The City Council 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 Design Review 09-004 to construct an express carwash in conjunction with an existing service station and food mart. B. 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 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. C. That a public hearing was duly called, noticed, and held on said application on August 25, 2009 before the Planning Commission, and continued to the September 22, 2009 Planning Commission meeting. On September 22, 2009, the Planning Commission adopted Resolution No. 4126, recommending that the City Council adopt findings that Code Amendment 09-003 and Design Review 09-004 are within the scope of the previously approved Negative Declarations for Jamboree Plaza and recommending that the City Council approve Code Amendment 09-003 and Design Review 09-004. D. That a public hearing was duly called, noticed, and held on said application on the 20th day of October, 2009, by the City Council. E. That Design Review 09-004 is considered a "project" pursuant to the terms of the California Environmental Quality Act. On October 20, 2009, the Tustin City Council adopted Resolution No. 09-60 finding that Code Amendment 09-003 and Design Review 09-004 are within the scope of previously approved Negative Declarations for Jamboree Plaza. F. That the project applicant submitted a document signed by twenty-four (24) of the business owners within Jamboree Plaza in support of the proposed project. G. That the project applicant provided a parking survey of the project site identifying parking usage during a twenty-one (21) day period which Resolution No. 09-61 Page 2 indicated that the proposed project would not pose any parking shortage at the site. H. That on November 17, 1997 the City Council of Tustin adopted Ordinance No. 1191, approving Zone Change 97-002 to amend sections of the Jamboree Plaza Planned Community District Regulations and modify the Planning Area boundaries within Jamboree Plaza. This approved the current site plan for Jamboree Plaza. Prior actions by the City have allowed an eighteen (18) foot building setback to occur along the Edinger Avenue street frontage within Jamboree Plaza. Code Amendment 09-003 proposes a building setback of fifteen (15) feet from the Edinger Avenue right-of-way. The proposed carwash would not significantly alter the building lines or visual streetscape along Edinger Avenue since the proposed carwash would be constructed in-line with other buildings in Jamboree Plaza along Edinger Avenue. J. That there was a prior use of a drive-through lane on the property which has since been abandoned. The proposed express carwash would reestablish the abandoned drive-through lane on the property. K. That the Jamboree Plaza Planned Community District Regulations allow carwashes within Planning Area A (project site) as principal uses permitted by right. L. That the location, size, architectural features, and general appearance of the new express 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. 8. Development guidelines and criteria as adopted by the City Council. Resolution No. 09-61 Page 3 II. The City Council hereby approves Design Review 09-004 to construct and operate an express carwash in conjunction with an existing service station and food mart located at 3017 Edinger Avenue subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of October, 2009. DOUG DAVERT MAYOR PAMELA STOKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 09-61 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of October, 2009 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK EXHIBIT A RESOLUTION NO. 09-61 DESIGN REVIEW 09-004 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 20, 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 eighteen (18) 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 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk -Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 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). SUUKGE 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 A Resolution 09-61 Page 2 (1) 1.6 As a condition of approval of Design Review 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) 1.7 Approval of Design Review 09-004 is contingent upon the City of Tustin City Council adopting Ordinance No. 1370, approving Code Amendment 09-003. This Resolution and Design Review 09-004 shall become null and void if Ordinance No. 1370 is not adopted. PLAN SUBMITTAL (4) 2.1 All colors, materials, and features of the proposed express 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 The applicant shall make all reasonable efforts to save the existing trees on- site. 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 forty-eight inch (48") box sized tree. Adequate layering of landscaping to screen the proposed carwash structure shall be in the form of trees, shrubs and ground cover and shall be subject to the review and 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 devices, pipe size, sprinkler type, all equipment must be provided. and control of backflow prevention spacing, and coverage. Details for c. All property lines on the landscaping and irrigation plans, public right- of-way areas, sidewalk widths, parkway areas, and wall locations. Exhibit A Resolution 09-61 Page 3 d. A note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. 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. Prior to building permit issuance, the applicant shall provide written evidence from the Jamboree Plaza Exhibit A Resolution 09-61 Page 4 Association approving the project and allowing the exclusive right of the necessary off-site parking for the project. (1) 2.12 The noise levels resulting from the express carwash shall not exceed the standards of the City of Tustin Noise Ordinance. Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. (1) 2.13 Hours of operation of the proposed express carwash shall be subject to the review and approval of the Community Development Director. (7) 2.14 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicants prepare a parking demand analysis, traffic study, or noise analysis and the applicants shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicants shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: a. Adjust hours of operation. b. Reconfigure access to the site. c. Adjust queuing for the express carwash. d. Provide additional parking. e. Provide noise attenuation measures. BUILDING DIVISION (1) 3.1 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. • Two sets of structural calculations. • Two sets of geotechnical reports. • Two sets of Title 24 Energy calculations Exhibit A Resolution 09-61 Page 5 (1) 3.2 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) 3.3 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 112713.5 (7) of the 2007 CBC. (1) 3.4 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) 3.5 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) 4.1 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) 4.2 Prior to issuance of any permit, the applicant shall provide written approval from the Irvine Ranch Water District for the project. (1) 4.3 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. (1) 4.4 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) 4.5 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 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. Exhibit A Resolution 09-61 Page 6 (1) 4.6 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) 4.7 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) 4.8 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) 5.1 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." (1) 5.2 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 Exhibit A Resolution 09-61 Page 7 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) 6.1 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) 6.2 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.