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01 ZA Report CUP 2013-05
AGENDA iF2r,il'tj "cal' fLR� », MEET INN DATE: AUOMST 14, 2013 TO. ZONING ADMINISTRATOR OVA FROiM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2013 -006 PROPERTY 17601 17TH STREET, LLC OWNER— ATTN. u ME PRES COMPANIES 19702 MACAR u HUR BLVD, X100 IRVINE, CA 92612 APPLICANT. DAN MAC LELLAN 22961 TRITON WAY, S ➢ E E LAGUNA HILLS, CA 92653 LOCATION: 17601 17TH STREET, TUS T VN GENERAL PLAN: PLANNED COMMUNIT Y COMM F- RCVAL/BUSI NESS ZONING: PLANNED COiMMVMMIV II Y COMMERCIAL DISTRICT (PC C) ENVIRONMENTAL STATUS. THIS PROJECT IS CATEGORICALLY EXEMPT a (CLASS 1) PURSUANT TO THE PROVISIONS Or SECTION 15301 OF THE CALIFORNIA FiNVIRONMIEINTAL QMAHTY ACT. REQ MEST- TO ESTABLISH MEDICAL USES WITHIN AN EXISTING OFFICE BUILDING AND TO REDUCE THE NUMBER OF REQUIRED E© OFFS REEu PARKING TO ACCOMMODATE MEDICAL USES AT ITREEHAVEN PLAZA RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 13 -006 approving Conditional Use Permit ?n13 -n05 a request for a reduction of reg6�ired off- street parking through joint use of parking area to accommodate additional medical uses within the existing building. Zoning Administrator August 14, 2013 CUP 2013 -005 Page 2 APPROVAL AUTHORITY Pursuant to Tustin City Code Section 9264, the proposed project requires approval of a Minor Conditional Use Permit. Zoning Administrator is authorized to consider a minor Conditional Use Permit for joint use of parking when the parking areas serving structures total less than thirty thousand (30,000) square feet. The application is identified as Conditional Use Permit 2013 -005 (CUP 2013 -005). The project site, Treehaven Plaza (formerly known as Constitution Plaza), is located at 17601 W. 17th Street within the Planned Community Commercial District (PC C). The existing building was approved by Use Permit 76 -6 (Resolution No. 1504) for a savings and loan branch and leasable office use building with not less than 65 parking stalls. Site and Surrounding Properties The project site is located off of Treehaven Drive, on the north side of 17th Street, east of Yorba Street. The site consists of an existing 19,552 square foot two -story commercial office building with 65 parking spaces which access the site from Treehaven Drive. Residential uses are located to the north, commercial retail is located to the south, a restaurant is located east of Treehaven Drive and offices are located west of the project site. Existing Project Site Photo Zoning Administrator August 14, 2013 CUP 2013 -005 Page 3 DISCUSSION Project [description The existing site currently consists of a two -story office building which consists of 3,997 square feet of medical office and 15,555 square feet of general office, totaling 19,552 square feet. The site has 65 parking stalls which are located on the rear side of the building. The occupancy currently consists of 1,077 square feet of medical use and 3,699 square feet of general office use. The building is currently fifty percent (50 %) occupied. The applicant proposes a reduction of off - street parking requirements through joint use parking to accommodate up to 5,503 square feet of medical office (28 %) medical office uses and 14,049 square feet of general office (72 %) within the existing building. Parkin The applicant submitted a parking utilization analysis report conducted by Linscott Law & Greenspan Engineers (July 29, 2013). Staff reviewed the parking utilization analysis and determined that it complies with Tustin City Code Section 9264, which allows for joint use parking in multi - tenant sites. The parking study report states that a parking survey was conducted to analyze existing parking conditions, and potential increases in medical office tenancies (which would correspond to parking requirements that are greater than general office use) that could be accommodated using the 65 existing spaces. The engineering firm conducted "spot" parking demand counts in the existing parking lot on a typical weekday to determine actual parking demand. The current office vacancy (50% tenant occupancy) was taken into consideration and statistics were modified accordingly. They then debe. ' ned that b. er e was an existing operational surplus of parking based on a comparison of actual demand against existing supply and derived an empirical parking ratio for Treehaven Plaza based upon parking demand counts and existing tenant occupancy. From this empirical data, a recommendation for a "design ratio" of 4.27 spaces per 1,000 square feet of gross floor area for medical office use and 3.0 spaces per 1,000 square feet of gross floor area for general office use was derived. With the application of these parking requirements to the 19,552 square feet building, it was determined that the site could adequately support converting a maximum of 5,503 square feet of general office to medical office. This would result in a maximum tenancy mix of 5,503 square feet of medical office use (28 %) and a remainder of 14,049 square feet of general office use (72 %). AMALYSIS In determining whether to approve the Conditional I Ise Permit, the Toning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the Zoning Administrator August 14, 2013 CUP 2013005 Page 4 neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request may be supported by the following findings: 1. A parking study in accordance with Tustin City Code Section 9264a1 was prepared by a licensed traffic engineer and submitted which demonstrated that, with a maximum limitation on the medical use of the building, no substantial conflict exists in the peak hours of parking demand for the use for which the joint parking is proposed. 2. The proposed use, as conditioned, will not be detrimental to surrounding properties in that the hours and operations of the medical and general office uses are compatible with surrounding uses. 3. The proposed medical use and parking lot, as conditioned, will not exceed the number of spaces reasonably anticipated to be available during different hours of operation and, therefore, will not have a negative effect on surrounding properties, or impact traffic or the ability to park on -site in that, sufficient parking would be available on -site to support a maximum ratio of medical and general offices uses. 4. That a written and recorded agreement, in the form of the City's Standard Agreement to Conditions Imposed, shall be drawn to the satisfaction of the Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint use of parking between medical and general office use tenants. r Amy Stonich, AICP Senior Planner Attachments: A. Land Use Fact Sheet and Location Map B. Project Plans C. Parking Study for Treehaven Plaza D. ZA Action 13006 S: \Cdd\ZA RPPORT\2013 \CUP 2013 -005 (Parking Reduction) 081413.docx ATTACHMENT A LAND USE FACT SHF-FE-T AND LOCATION MHAP LAND USE APPLICATION FACT SHEET 1 LAND USE APPLICATION CUP 2013 -005 NUMBER(S) 2 LOCATION: Located off of Treehaven Drive, on the north side of 17th Street, west of Yorba Street. 3 ADDRESS: 17601 17th Street 4 LOT: TRACT 5 APN(S): 395 - 301 -05 6 PREVIOUS OR CONCURRENT NA APPLICATION RELATING TO THIS PROPERTY: 7 SURROUNDING LAND USES: North: Residential South: Commercial retail East: Restaurant West: Office 8 SURROUNDING ZONING North: Planned Development Multi - family Residential DESIGNATION: South: Planned Community Commercial East: Planned Community Commercial West: Planned Community Commercial 9 SURROUNDING GENERAL North: High Density Residential PLAN DESIGNATION: South: Planned Community Commercial /Business East: Planned Community Commercial /Business West: Planned Community Commercial /Business 10 SITE LAND USE: Existing: General Office Use Proposed: Medical and General Office Use General Plan. Planned Community Commercial /Business Zoning: Planned Community Commercial District (PC C) 1 LAND USE APPLICATION FACT SHEET DEVELOPMENT FACTS: 11 SITE AREA 12 BUILDING LOT COVERAGE 13 SITE LANDSCAPING 14 OPEN SPACE: 15 PARKING 16 BUILDING HEIGHT 17 BUILDING SETBACKS 18 OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) 2 PROPOSED GP: same PROPOSED ZONING: same 49,245 sq ft MAX. PERMITTED Subject to CUP per PC District Standards PROPOSED: No changes proposed REQUIRED: 65 spaces PROPOSED: 77 spaces (see parking study dated July 29, 2013) MAXIMUM: Subject to CUP per PC District Standards PROPOSED: Subject to CUP per PC District Standards No changes proposed Y . 70m Vq. $ * - ...r -r..z .. i 1P _ - 39530109 ► }�' Project 932 -22 93222001 -092 r. ON Book 395 Page 30 , Block 301 } ` 4L t.M 39530108 �a ' �OpO\� - ``_" 1 �i 39530114 t e >E ' E J'39530136 39530135 39530133 39530105 Book 401 Pa 9 a 35 40125302 Block 351 L # C' Book 401 1 ` Page 25 Block 253 ' ' 40135102 , ap7•�M C�271�. Ella A4.•bl. Caaay F500�a 1sa. Ta1d�Atrs. G lal�l 11�P �'rodw� 300' Radius w ap 1 7601 117th Street 1..� 39530107 39530113 39530112 � ?� 40135105 t•ti� Applicant: Whitney Allen 19782 MacArthur Blvd., Ste. 100 Irvine, CA 92612 Project Address: 17601 17th St Map Prepared: May 6, 2013 414ppr— — 'ou,--- — �.•� lfl� . I .96 200 ft LandVisioni ATTACHMENT B I?RO JEC T PLAMS 7U m m ril \� / 0 z z pill i 1-sn RG W > fq EN \ � � � ` � �® � ` WO || , �� \ \ \ 11, 1 TI F.111 1111 OMI � HUIL n-, FC, i Mae Lellan Construction The P -3 RES Companies g. t ... t N "T, 11, -J, L I- �-,. ATTACHMENT C PARKING STUDY FOR U REEHAVE-N PLAZA July 29, 2013 Engineers &Planners ?ratlic 'ransnoi ti!tior Pe rk intJ Mr. Dan MacLellan Mac Lellan Construction tinscon, Law Greenspan, Engineers 22961 Triton Way, Suite E 2 Executive ciicln Laguna Hills, CA 92653 suite 25C LLG Reference: 2.13.3369.1 !ry ne, CA 926'4 949.823.6175 r Subject: Revised 919,825.6173 Parking Study for Treehaven Plaza Tustin, California Pasadrna Dear Mr. MacLellan: Irvine Iran D ego Woodland Hills As requested, Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit the findings of a parking assessment we completed for Treehaven Plaza, an existing 19,552 square -foot (SF) two -story commercial building located in the City of Tustin, California. The subject property is located at 17601 E. 17th Street, on the northwest corner of E. 17th Street and Treehaven Lane. This report updates the prior submittal dated July 3, 2013 to address the City's comments. Our study was conducted to analyze existing parking conditions, and possible increases in medical office tenancies (which would correspond to parking requirements that are greater than general office use) that could be accommodated by the existing parking supply of 65 spaces. As Table 1 presents, the study effort included undertaking the following key steps: • Conducted "spot" parking demand counts in the existing parking lot on a typical weekday in determining actual parking demand • Determined whether there is an existing operational surplus or deficiency based on a comparison of actual demand against existing supply • Derived an empirical parking ratio for Treehaven Plaza based upon parking PIS 1.1 t.s ,a, PE demand counts and existing tenant occupancy �� ," t;i t;n•.r.... F E iVilliarr. k L;:.. P( tttt • Recommended a "design ratio" of 4.27 spaces per 1,000 SF GFA for Paul VV. W.Ikerson,PE application to medical office tenants John P Keating, PE David S Shendet, PE • Recommended a "design ratio" of 3.00 spaces per 1,000 SF GFA for John A. Boatman, PE Clare M.taok- JaeyeM,PE application to general office tenants Car Richard E. Berretta, r, Keit D. Maberry. PE A, LGAVe campan Fuamtd !966 Mr. Dan MacLellan July 29, 2013 Page 2 • Determined that the existing supply of 65 spaces could adequately support converting a maximum of 1,506 SF of general office to medical office, resulting in a future tenancy mix of 5,503 SF of medical office (28 %) at the most, and a remainder of 14,049 SF of general office (72 %) Existing Gross Floor Area and Parking Requirements As presented in Table 1, Treehaven Plaza consists of 3,997 SF of medical office and 15,555 SF of general office, totaling 19,552 SF. Actual Parking Demand and Empirical Ratio Based upon "spot" parking demand counts conducted by LLG in April 2013, the peak demand observed was 20 spaces, which occurred at 10:00 AM on a typical weekday. Compared against the existing supply of 65 spaces, the 20 -space demand corresponds to a surplus of 45 spaces. By accounting for the 20 -space peak demand observed and the existing occupied GFA (50% tenant occupancy), an empirical ratio of 2.05 spaces per 1,000 SF GFA was derived (translates to 1 space per 488 SF). This empirical ratio is most indicative of the parking needs for the general office tenants currently in Treehaven Plaza (8,699 SF), since there is only one medical office suite (1,077 SF) that is currently occupied. Adding a 10% contingency increases the empirical ratio to 2.26 spaces per 1,000 SF. Adjusting it further to allow for a 15% contingency, a ratio of 2.36 spaces per 1,000 SF is calculated. Table 1, Item D, presents a summary of parking ratios for medical office from a variety of sources. The ratio of 4.27 spaces per 1,000 SF per ITE's Parking Generation publication (85th percentile) is considered to be a solid demand factor, is more conservative (33% contingency) than the ITE national average ratio of 3.20 spaces per 1,000 SF, and exceeds empirical ratios derived from field studies of medical office buildings in the City of Laguna Hills. As a conservative measure, this ITE 85" percentile rate has been selected for use in estimating medical office parking demand in this study. Table 1, Item E, presents a similar tabulation of parking ratios for general office, including the empirical ratios derived uniquely for Treehaven Plaza. Comparisons between the available ratios underscore the conservative approach of applying a parking ratio of 3.00 spaces per 1,000 SF, which represents the ITE average ratio plus contingency, to estimate general office parking demand in this study (it corresponds Mr. Dan MacLellan July 29, 2013 Page 3 to a 46% parking contingency over the empirical ratio of 2.05 spaces per 1,000 SF derived from the field studies). Future Parking Demand The application of the recommended ratio of 4.27 spaces per 1,000 SF to 5,503 SF of medical office yields a demand of 23 spaces. The parking demand for 14,049 SF of general office (calculated using the selected ratio of 3.00 spaces per 1,000 SF) corresponds to an additional 42 spaces. The overall total parking demand under this future, potential land use mix matches the existing supply of 65 spaces. Based on the above, it is concluded that the existing supply of 65 spaces could adequately support converting a maximum of 1,506 SF of general office to medical office, resulting in a future tenancy mix of 5,503 SF of medical office (28 %) at the most, and a remainder of 14,049 SF of general office (72 %). We appreciate the opportunity to provide this analysis. Please call us at 949.825.6175 if you have any questions. Sincerely, Linscott, Law & Greenspan, Engineers Trissa (de Jesus) Allen, P.E. Senior Transportation Engineer Attachment l ci CGS:7 TABLE 1 PARKING SUMMARY Description Notes A. Existing GFA Medical Office 3,997 SF 20% medical office General Office 15,555 SF 80% general office Total Existing GFA 19,552 SF B. Existing On -Site Parking Supply 65 spaces C. Existing Peak Demand per LLG's 20 spaces (on a typical weekday Field Studies (April 2013) at 10:00 AM) Existing On -Site Supply 65 spaces Less Peak Demand Observed (20) spaces There is more than adequate on -site supply Existing Actual Surplus 45 spaces under current conditions. Occupied Medical Office GFA 1,077 SF Occupied General Office GFA 8,699 SF Total Existing Occupied GFA 9,776 SF 50% tenant occupancy Empirical Ratio Derived 2.05 spaces per 1,000 SF GFA Peak demand of 20 spaces divided by 9,776 SF. (1 space per 488 SF) Ratio to include a 10% Contingency 2.26 spaces per 1,000 SF GFA Ratio to include a 15% Contingency 2.36 spaces per 1,000 SF GFA D. Medical Office Parking Ratios City Code for in excess of 4,000 SF 6 spaces per 1,000 SF GFA ITE Parking Generation (85th %ile) 4.27 spaces per 1,000 SF GFA Reasonable for application to medical office. Empirical Study in Laguna Hills 4.05 spaces per 1,000 SF GFA City Code for the first 4,000 SF 4 spaces per 1,000 SF GFA ITE Parking Generation (national average) 3.20 spaces per 1,000 SF GFA ITE 85th %ile Ratio Contingency 33% Contingency in using ITE 85th %ile Relative to ITE Average Ratio Ratio of 4.27 spaces per 1,000 SF E. General Office Parking Ratios City Code for the first 25,000 SF 4 spaces per 1,000 SF GFA ITE Parking Generation (85th %ile) 3.45 spaces per 1,000 SF GFA ITE Parking Gen (average +contingency) 3.00 spaces per 1,000 SF GFA Reasonable for application to general office. ITE Parking Generation (national average) 2.84 spaces per 1,000 SF GFA Empirical ratio with 15% contingency 2.36 spaces per 1,000 SF GFA Empirical ratio with 10% contingency 2.26 spaces per 1,000 SF GFA Empirical ratio as derived above 2.05 spaces per 1,000 SF GFA ITE Ratio Contingency 46% Contingency in using ITE Relative to Empirical Ratio Ratio of 3.00 spaces per 1,000 SF F. Parking Supply 65 spaces No net increase in parking supply. Maximum Medical Office Use 5,503 SF 28% medical office Remaining General Office Use 14,049 SF 72% general office Total Future GFA 19,552 SF No net increase in SF GFA. Medical Office Parking Demand 23 spaces @ 4.27 sp per 1,000 SF GFA General Office Parking Demand 42 spaces @ 3.00 sp per 1,000 SF GFA Total Future Parking Demand 65 spaces Parking demand - supply comparison supports converting a maximum of 1,506 SF GFA ofgeneral office to medical office for a total of 5,503 SF. ATTACHMENT D /74Q AC TM 13 -00006 ZONING ADMINISTRATOR ACTION 13 -006 CUP 2013 -005 T REEHAVEN PLAZA LOCATED AT 17601 17TH STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines: A. A proper application for Conditional Use Permit 2013005 by Dan Mac Lellan of Mac Lellan Construction, on behalf of 17601 17th Street, LAC, to allow for a reduction of off- street required parking to accommodate additional medical uses within the existing building at 1 reehaven Plaza located at 17601 17th Street; B. That the site is designated as Planned Community Commercial /Business by the City General Plan and is within the Planned Community Commercial District (PC C); C. That pursuant to Section 9264x, parking facilities may be used jointly for nonresidential uses with different peak hours of operation with the approval of a Conditional Use Permit; D. That pursuant to Section 9264a5 of the Tustin City Code, the Zoning Administrator has the authority to approve a minor Conditional Use Permit for parking areas serving structures totaling less than 30,000 square feet; E. That Conditional Use Permits (CUP) shall be granted only when such CUP are found to be in conformance with the General Plan and when the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular use, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. Such findings can be made and are evidenced as follows: 1. A parking study in accordance with Tustin City Code Section 9264a1 was prepared by a licensed traffic engineer and submitted which demonstrated that, the application of the recommended ratio of 4.27 spaces per 1,000 SP for medical use and the ratio of 3.0 spaces per 1,000 SF for general office use is applicable. Based on the existing supply of 65 spaces, the site can adequately support converting a maximum-, of 1,506 SF of general office to medical office, resulting in a future tenancy mix of 5,503 S{; of medical office (28 %) at the most, and a remainder of 14,049 SF of general office (72 %). Zoning Administrator Action 13 -006 CUP 2013 -005 Page 2 2. The proposed use, as conditioned, will not be detrimental to surrounding properties in that the hours and operations of the medical and general office uses are compatible with surrounding uses. 3. The proposed medical use, as conditioned, will not exceed the number of spaces reasonably anticipated to be available during different hours of operation and, therefore, will not have a negative effect on surrounding properties, or impact traffic or the ability to park on -site in that sufficient parking would be available on -site to support a maximum ratio of medical and general offices uses. 4. That a written and recorded agreement, in the form of the City's Standard Agreement to Conditions Imposed, shall be drawn to the satisfaction of the Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint use of parking between medical and general office use tenants. E. This project is Categorically Exempt pursuant to Section 15301 (Class 1) of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 2013 -005 allowing the use of up to 5,503 square feet of medical office and 14,049 square feet of general office use with the a reduction of required off - street parking through joint use of parking within the existing building subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the ,Zoning Administrator of the City of Tustin, at a regular meeting on the 14th day of August 2013. ELIZABETH A. BINSACK ZONING ADMINISTRATOR ADRIANNE DILEVA - JOHNSON RECORDING SECRETARY Zoning Administrator Action 13 -006 CUP 2013 -006 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Adrianne DiLeva- Johnson, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that ,Zoning Administrator Action 13 -006 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14th day of August, 2013. ADRIANNE DILEVA - JOHNSON RECORDING SECRETARY EXHIBIT A ZONINGS Ani1fIINISTRAT ®R ACTION 13 -006 CUP 2013005 TREEHAVEN PLAZA LOCATED AT 176011 17TH STREET CONDITIONS OF APPROVAL 1 o The proposed project shall substantially conform with the submitted plans for the project date stamped August 14, 2013, on file with the Community Development Department, as herein modified, or as modified by the Zoning Administrator in accordance with this Exhibit. The Community Development 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. 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. 3. 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. 4. Approval of Conditional Use Permit 2013005 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. 5. The approval is limited to the conversion of a maximum of 5,503 square feet of general office to medical office. This would result in a maximum tenancy mix of 5,503 square feet of medical office use (23 %) and a remainder of 14,049 square feet of general office use (72 %). The applicant shall provide and maintain a minimum 65 parking spaces at the subject property to accommodate said medical uses. Any change in the number of parking spaces shall be submitted for review by the Community Development Department. 6� If, in the future, the City determines that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare an updated parking demand analysis, a traffic study and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department and /or Public Works Department. Said mitigation may include, but are not limited to, the following: Exhibit A Conditions of Approval CUP 2013 -005 Page 2 a. Establish alternative hours of operation b. Provide additional parking C. Reduce medical office use floor area 7. Within forty -eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($00.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty -eight (48) hour period the 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.