Loading...
HomeMy WebLinkAbout02 CUP 02-006ITEM #2 Report to the Planning Commission DATE: JUNE 24, 2002 SUBJECT: CONDITIONAL USE PERMIT 02-006 APPLICANT: STARBUCKS COFFEE CO. 2401 UTAH AVENUE SOUTH SEATTLE, WA 98134 GLASSMAN PLANNING ASSOCIATES 1309 POST AVENUE TORRANCE, CA 90501 ATTN: KEITH GLASSMAN PROPERTY OWNER: MAKENA RESOURCES INC. 2212 DUPONT DRIVE, SUITE P IRVINE, CA 92612 ATTN: BRETT BLANCHARD LOCATION: 1450 EL CAMINO REAL, SUITE A ZONING: RETAIL COMMERCIAL (C-1) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: AUTHORIZATION TO PROVIDE OUTDOOR SEATING IN CONJUNCTION WITH A COFFEE HOUSE That the Planning Commission adopt Resolution No. 3834 approving Conditional Use Permit 02-006. The applicant is requesting authorization for outdoor seating for a Starbucks Coffee, which will be part of a retail center that is currently under construction at the southwest corner of El Camino Real and Redhill Avenue (Attachment A - Location Map). A conditional use permit is required for outdoor seating in accordance with the City's Policy and Guidelines for Outdoor Seating. Planning Commission Repo~ CUP 02-006 June 24, 2002 Page 2 Site and Surrounding Properties The property is zoned Retail Commercial (C-1) and is surrounded by commercial uses on the north, east, and west, and Interstate 5 on the south. Access to the site is provided from El Camino Real. Project Descdption The tenant space is 1,430 square feet in area and will include a total of twenty-one (21) seats. Fifteen (15) seats would be provided indoors and six (6) seats and three (3) tables would be located outside along the north facing storefront (Attachment B - Submitted Plan). The Guidelines for Outdoor Seating note that outdoor dining areas should be designed to be compatible with surrounding uses with regards to proximity to sensitive uses (i.e., schools, residential, church), exterior noise, hours of operation, and aesthetics, and create a pedestrian-oriented atmosphere with adequate access and landscaping (Attachment C - Resolution No. 2490). The proposed location is more than 200 feet from the closest residential use on the north side of El Camino Real, and more than 600 feet from Tustin High School. In addition, the site is adjacent to the freeway and a major arterial roadway (Redhill Avenue), and activity in the outdoor seating area is not expected to increase the ambient noise of the area. Starbucks Coffee would be open daily from 5:00 a.m. to 12:00 midnight. While the operating hours may be more extensive than other nearby businesses, given the primarily commercial nature of the area, extended hours are not anticipated to adversely affect the neighborhood. The tables and chairs will be of a contemporary..~le, metal, and painted black or green; either color would be compatible with the center's colors and materials. Condition No. 2.2 is included to require the applicant to ensure all the chairs and tables are the same color and are maintained in good condition. To enhance the outdoor seating area, the applicant is proposing to install five (5) twenty-four (24) inch diameter potted plants along the perimeter of the outdoor seating area under the roof-covered area and outside the accessible travel path provided from the public sidewalk to the site. Trash receptacles would be provided outside. The center includes thirty (30) parking spaces to accommodate the retail, office, and restaurant uses. Sufficient parking would available for ali proposed uses, as follows: Planning Commission Report CUP 02-006 June 24, 2002 Page 3 Use Area ~ ~ ' Parking Required and Provided Retail 2,200 square feet 2,200/200 = 11 spaces Food Service 3, 357 square feet (15 seats) Starbucks Coffee21 seats Juice Shop 6 seats Total 42 seats 42/3 = 14 spaces Office 1,000 square feet 1,000/250 = 4 spaces ATM 95 square feet 1 space Total 6,832 square feet 30 spaces The proposed number of seats, location, furniture type, and landscaping are consistent with the policies and requirements of Resolution No. 2490. Condition Nos 2.1 through 2.11 are included to ensure continued compliance with Resolution No. 2490 by limiting the number of outdoor seats, ensuring design compatibility with the center and maintenance of the outdoor furniture and potted plants, ensuring continuous clean-up of the outdoor area, and prohibiting outdoor vending machines and public telephones. In addition, Condition No. 2.12 is included to require the applicant to pass a final inspection prior to using the outdoor seating area. In determining whether to approve the Conditional Use Permit, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity orto the welfare of the City. A decision to approve this request may be supported by the following findings: The proposed use will not be detrimental to the health, safety, morals, comfort, and general welfare of the community or negatively impact property or improvements in the vicinity in that the use is consistent with the zoning and development standards for the property and will operate in accordance with policies and requirements of the Guidelines for Outdoor Seating as established by Planning Commission Resolution No. 2490. As conditioned, Starbucks Coffee will have a maximum of six (6) outdoor seats and three (3) tables and fifteen (15) indoor seats. With thirty (30) on-site parking spaces, Starbucks Coffee is authorized to provide a total of twenty-one (21) seats. The proposed outdoor seating can be accommodated by the existing number of parking spaces prOvided in the center. 3. Consistent with the Guidelines for Outdoor Seating, the outdoor seating is more than 200 feet from the residential uses which are on the north side of El Camino Planning Commission Repod CUP 02-006 June 24, 2002 Page 4 Real, and more than 600 feet from Tustin High School. However, Condition No. 1.8 is included to provide for an annual review of the use to ensure continued compatibility with the area and compliance with the conditions of approval. The proposed use will not have an effect upon the aesthetics of the area in that the proposed metal chairs and seats are durable and designed for outdoor use, with a color and contemporary style to complement the building. In addition, five (5) twenty-four (24) inch diameter potted with fifteen (15) gallon plants would be provided to enhance the outdoor seating area. Operational hours of 5:00 a.m. to 12:00 p.m. for the coffee house, and associated outdoor seating, are appropriate given the primarily commercial nature of the area and proximity to a freeway and major arterial roadway. As conditioned, vending machines and public telephones are prohibited to be located outside the building. 7. As conditioned, no alcoholic beverages would be served at the establishment. 8. As conditioned, no live entertainment or amplified noise is permitted. Minoo Ashabi Associate Planner Attachments: A. Location Map B. Submitted Plans C. Resolution No. 2490 D. Resolution No. 3834 Karen Peterson Senior Planner S:\Cdd~PCRE PORT~CUP02-O06-ma.doc ATTACHMENT A LOCATION MAP LOCATION MAP PROJECT NO. ADDRESS ATTACHMENT B SUBMITTED PLANS H C] 3 ~t GA't'A\~o PO LIGHT OUTDOOR_ S~T!NG -- STARBUCt ('~,4~o s.~ PATH OF TRAVEL TO REMAIN UNOBSTRUCTED 1 s,x.u q4ssg7 I 'r,~s F604 GREEN OR BLACK $~at Height 17" Width 21 D~pth Ann Height 27.5" Ovmall Height Stackable 14 Gauge Stol frame w/PVC =pox~ outdoor finish FVC-coat~d steel wi~c strapping 7 - year Warnm~y F668 OU 0 22" OR 26" DIAMETER TOP GREEN OR BLACK TOP MATERIAL SPECIFICATIONS 1. TOP - 16ge CRS SHEET 2, LEGS - 5/8' HOT ROLLED ROUND BAR 3, RINGS - 1/2' HOT ROLLED ROUND BAR 4, FEET - 1/8' X 2' FENDER ~/ASHER 5, TOP FRAME - 1/8' X 3/4' X 3/4' ANGL[ 6, COATINGS - PDt/DER CnAT A, BLACK - 3KD3 BLACK - CARDINAL B, GREEN - 39/50060 US GREEN - TIGER OVER ALL SIZE SPECIFICATIONS i, TABLE TOP DIAMETER - 28' 2, FOOT PATTERN - 86' OUTISDE 3, OVER ALL HEIGHT - 28 1/4' DIANETER ATTACHMENT C RESOLUTION NO. 2490 1 2 6 7 8 9 10 11 1,3 15 IG 17 18 20 21 22 23 2~ 25 27 28 RESOLUTION NO. 2490 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING POLICY GUIDELINES TO BE FOLLOWED IN REVIEWING APPLICATIONS FOR OUTDOOR SEATING AREAS. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That certain guidelines shall be considered by Community Development staff and the Planning Commission when considering Conditional Use Permit applications for outdoor dining areas. B. Outdoor dining areas are allowed with a CUP subject to the following design criteria: Alcoholic Beverage Sales - Should the proposed establishment wish to sell alcoholic beverages, any outdoor dining area shall be designed to meet the standards of the State Department of Alcoholic Beverage Control. Specifically, the outdoor dining area must: a) the patio area shall be clearly/physically defined. It must be clearly a part of the restaurant it serves; b) be accessible preferrably through the inside of the restaurant; and c) be supervised by a restaurant employee to ensure conformance with all laws regarding consumption of alcoholic beverages while on the restaurant premises. Conformance to Parkin~ Requirements - Although in some cases the outdoor dining area may be seasonal in nature, the number of seats provided or the area used as a seating area should be considered in determining the parking requirements for the restaurant as a whole. Therefore: a) depending on the location and the parking requirements for the property where the restaurant is proposed, the outdoor seating area must be considered as part of the restaurant and shall conform to the mandated parking requirements; and b) if outdoor seating areas are not part of the restaurant and are specified as "seating in 2 3 4 5 7! 12 13 ld 15 17 18 19 2O 21 22 23 27 28 Resolution No. 2490 Page two o common", no specific parking requirements are applicable; however, these seating areas are not to be reserved or intended for specific use by any particular restaurant or tenant in the center and shall be available to public use. Clean up facilities All outdoor seating areas, be they part of a restaurant or seating in common, should have adequate clean up facilities. Therefore: a) all outdoor dining or seating areas shall contain trash receptacles :for use by the public or restaurant employees; and b) all outdoor dining or seating areas shall be cleaned on a continual, daily basis for removal of litter and food items which constitute a public nuisance. Design Compatibility - Since outdoor dining areas are typically visible from the public street, special consideration for design is essential. The current Design Review process as established by Section 9272 of the Municipal Code allows City Staff the opportunity to review and establish design elements for these types of projects. The following guidelines are necessary to encourage and reinforce compatible design elements: a) All outdoor dining and seating areas shall be designed so as to not obstruct vehicular or pedestrian traffic flow and shall be designed in a fashion so that they do not necessitate removal of any existing pedestrian or vehicular movement area; b) all structural elements, umbrellas, furniture, awnings, covers or other physical elements which are visible to the public right-of-way shall be compatible with the overall design of the main structures; and c) all signs and advertisement materials placed in an outdoor dining or seating area shall be in conformance with the Sign Code, as well as any adopted Sign Program for the building in which the seating is to be located. 1 2 3 4 6 9 10 11 12 14 21 22 23 27 ')8 Re~olution No..2490 Page three 5.' 'Location to Sensitive Uses''~ The use of outdoor dining and seating areas creates a pedestrian oriented ambiance. This type of ambiance is particularly attractive and usually encouraged where appropriate; however, some problems may occur if outdoo~ dining/seating areas are located in direct proximity to sensitive uses, Therefore: a) any outdoor dining or seating area'located within 600 feet of a public school shall be 'designed with particular consideration of .school children and access. Avoidance o~ the use of video or ·coin operated games and serving of alcoholic beverages in outdoor seating areas should be considered; b) should' any restaurant have dancing or play amplified music, the outdoor seating area shall be sealed off in a fashion so as to restrict noise from disturbing other businesses or residents; and c) outdoor seating anJ' dining areas and their relation to residential uses, public schools, churches, hospitals and arcades ..shall .be reviewed and proper mitigation measures . applied for " problems related to noise, light, glare and loitering shall be applied to avoid lind use conflicts. Incorporation of standard conditions of approval is necessary to ensure compatible and uniform design of all outdoor seating areas. Typical conditions of approval may be applied where applicable. These standard conditions include: The outdoor dining area shall be .setback a minimum of five (5) feet f6om the property line or parking lot with appropriate landscaping in conformance with current landscaping criteria. 2. Lighting sha]_l be..pro¥ided to illuminate the dining-area as ~equired by the Tustin Security Code. 3. The outdoor dining area'shall be architecturally compatible with the building in which the restaurant is located. 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 ~0 ~7 ~8 Resolution No. 2490 Page four Do The dining area shall be physically related to the building that the restaurant is in, ensuring that the entrance to the dining area is preferrably through the restaurant. 5. Maximum dining areas shall be subject to Uniform Building Code (UBC) regulations. Outdoor seating, whether permanent or seasonal, is subject to the parking requirements specified in the Tustin Municipal Code. 7. The use of awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience. 8. Trash receptacles shall be provided in the outside dining area. CUP's which are approved for outdoor dining areas are subject to review after one year. At such time, staff shall conduct a study to determine if any adverse impacts have resulted from the'use. If not, then a permanent CUP may be granted. 10. Outdoor dining areas shall be a minimum of 200 feet from residential uses. 11. If entertainment or dancing is provided on the premises, a noise analysis shall be provided which guarantees that noise levels will not exceed those specified in the Tustin Noise Ordinance. That each Conditional Use Permit application for an outdoor dining area shall be reviewed, based upon location and type of such establishment, and consideration qf the following guidelines: A determination that hours of operation requested are appropriate to the use proposed and consideration given to the proposed use's relation to: 1. Residential areas; 2. Arcades; 3. Public schools; 4. Relation to live entertainment locations. 1 6 7 8 9 10 12 14 15 17}~ 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2490 Page five The applicant shall sign and return an Agreement to Conditions Imposed form which states that the applicant agrees to all conditions imposed. Failure to comply with any of the foregoing conditions shall be grounds for revocation of any approved Conditional Use Permit. PASSED AND ADOPTED a% a regular meeting of the Tustin Planning Commission, held on the Kathy Wei Chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that ResolUtion No. ~/'~ was duly passed and. adopted at a r~gular meeting of the Tustin Planning Commission, held on the /<~?~day of q..w_,_,~_L._...~ , Recording Secretary ATTACHMENT D RESOLUTION NO. 3834 RESOLUTION NO. 3834 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 02- 006 AUTHORIZING THE ESTABLISHMENT OF SIX (6) OUTDOOR SEATS AND THREE (3) TABLES FOR A 1,430 SQUARE FOOT RESTAURANT LOCATED AT 1450 EL CAMINO REAL, SUITE A The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A proper application, Conditional Use Permit 02-006, was filed by Starbucks Coffee, requesting authorization to provide six (6) outdoor seats and three (3) tables for a 1,430 square foot restaurant (coffee house) under construction at 1450 El Camino Real, Suite A, within the Retail Commemial (C-1) Zoning District and Community Commercial General Plan land use designation. The proposed use is consistent with the policies and requirements of the Retail Commercial (C-1) zoning district and Community Commercial General Plan land use designation. 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 The outdoor seating area is consistent with Planning Commission Resolution No. 2490 that established policies and requirements for outdoor seating areas. Outdoor seating areas are subject to approval of a conditional use permit. D. The Planning Commission reviewed the application on June 24, 2002. That the establishment, maintenance, and operation of the proposed market will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: The proposed use is consistent with the zoning and development standards for the property and will operate in accordance with policies and requirements of the Guidelines for Outdoor Seating as established by Planning Commission Resolution No. 2490. Resolution No. 3834 Page 2 As conditioned, Starbucks Coffee will have a maximum of six (6) outdoor seat{sand three (3) tables and fifteen (15) indoor seats. With thi~ (30) on-site parking spaces, Starbucks Coffee is authorized to provide a total of twenty-one (21) seats. The proposed outdoor seating can be accommodated by the existing number of parking spaces provided in the center. Consister~t with the Guidelines for Outdoor Seating, the outdoor seating is more than 200 feet from the residential uses which are on the north side of El Camino Real, and more than 600 feet from Tustin High School. However, Condition No. 1.8 is included to provide for an annual review of the use to ensure continued compatibility with the area and compliance with the conditions of approval. The proposed use will not have an effect upon the aesthetics of the area in that the proposed metal chairs and seats are durable and designed for outdoor use, with a color and contemporary style to complement the building. In addition, five (5) twenty-four (24) inch diameter potted plants with fifteen (15) gallon plants would be provided to enhance the outdoor seating area. Operational hours of 5:00 a.m. to 12:00 p.m. for the coffee house, and associated outdoor seating, are appropriate given the primarily commercial nature of the area and proximity to a freeway and major arterial roadway. As conditioned, vending machines, and public telephones are prohibited to be located outside the building. As conditioned, no alcoholic beverages would be served at the establishment. As conditioned, no live entertainment or amplified noise is permitted. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 02-006 authorizing the establishment of an outdoor seating area for six (6) seats and three (3) tables for a 1,430 square foot restaurant located at 1450 El Camino Real, Suite A, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 3834 Page 3 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of June, 2002. DOUGLASS S. DAVERT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No, 3834 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of June, 2002. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 EXHIBIT A RESOLUTION NO. 3834 CONDITIONAL USE PERMIT 02-006 CONDITIONS OF APPROVAL The proposed project shall substantially conform with the submitted plans for the project date stamped June 24, 2002, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 02-006 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. As a condition of approval of Conditional Use Permit 02-006, 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 off'[cers, 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. (1) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (s) (?) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3834 Page 2 The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (*) 1.8 Conditional Use Permit 02-006 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. USE RESTRICTIONS (1) 2.1 A maximum of six (6) outdoor seats and three (3) tables shall be provided in front of Suite A in accordance with the approved plans. There are thirty (30) on-site parking spaces. Starbucks Coffee is authorized to provide a total of twenty-one (21) indoor and outdoor seats. Any change to the maximum number of indoor and outdoor seats requires written approval of the Community Development Department. (1) 2.2 All outdoor furniture including, seats, tables, and trash receptacles shall be metal and painted green or black to match. No resin or plastic furniture shall be permitted. Any change to the approved design, material, or color of the outdoor furniture requires written approval of the Community Development Department. (1) 2.3 The outdoor seating area shall be setback a minimum of five (5) feet from the parking lot and the property line. The area shall be defined by five (5) twenty-four (24) inch diameter potted plants, subject to final approval and field inspection by the Community Development Department for location, material and type of planting material. Any change to design, number, location, and plant material requires written approval of the Community Development Department. The potted plants shall be maintained in a healthy and vigorous condition at all times. Unhealthy plants shall be replaced within seven (7) days of notification from the City. Exhibit A Resolution No. 3834 Page 3 (1)(3) 2.4 (1) 2.5 (1) 2.6 (1) 2.7 (1) 2.8 (1) 2.9 (1) 2.10 (1) 2.11 (1) 2.12 FEES (2) 3.1 Outdoor seats, tables, trash receptacles or potted plants shall not obstruct pedestrian and accessible access to the retail center. The on-site manager shall be responsible for ensuring that a forty-eight (48) inch path of travel remain clear and unobstructed at all times. The outdoor seating area shall contain trash receptacles and shall be cleaned on a continual and daily basis to ensure timely removal of litter and food items. No signs or advertisements shall be placed within the outdoor seating area. No coin-operated video, games, or vending items are permitted in the outdoor seating area. No exterior public pay telephones are permitted. No amplified noise or live entertainment is permitted unless authorized in writing by the Community Development Department. A minimum of one foot (1) footcandle lighting shall be provided in the outdoor seating area, consistent with the Tustin Secudty Code. Sales of alcoholic beverages in the premises including the outdoor seating area is prohibited. Prior to using the outdoor seating area and within five (5) days of the installation of approved improvements, the applicant shall request and pass a final inspection by the Community Development Department to ensure compliance with the approved plans and conditions of approval. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a CASHIER'S CHECK payable to the County Clerk in the amount of $43.00 (forty-three dollars) 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.