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Home My WebLink About01 ZONE CHANGE 97-004 12-01-97NO. 1 12-1-97 ! nte r- C o m DATE: DECEMBER 1, 1997 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT ZONE CHANGE 97-004 (RBC AMERICORP, INC.) RECOMMENDATION That the City Council: 1. Conduct a public hearing; 2. Adopt Resolution No. 97-111 approving the environmental determination for the project; and, . Introduce and have first reading of Ordinance No. 1193 approving Zone Change 97-004 and set for second reading at the Council's next scheduled meeting. BACKGROUND & DISCUSSION The Jamboree Plaza Planned Community District Regulations ("Jamboree Plaza Regulations") for Planning Area A allow carwashes but exclude self-service carwashes (Attachment 2 ). The intent of the Jamboree Plaza Regulations is to create a harmonious relationship between auto-related services, retail, commercial, office, light industrial, and public agency uses. Specifically, Planning Area A is intended to provide for individual pad development of freestanding facilities along the Edinger Avenue frontage and to provide services to the motoring public such as drive-thru restaurant, carwashes, service stations, and convenience markets. Planning Area A consists of 1.9 acres and contains three (3) legal parcels. One parcel is developed with a/ack-In-the-Box drive-thru restaurant. The other two parcels are vacant and are identified in the Jamboree Plaza Regulations as future carwash and service station sites. The total authorized building square footage for Planning Area A is 20,000 square feet. The applicant is proposing to develop a combination hand carwash/eight (8) bay self-service carwash on the vacant parcel at the northwest comer of Edinger Avenue and Jamboree Road within Planning Area A. A zone change is required to allow the self-service component of the proposed project. If ZC 97-004 is approved, entitlements for the development of a hand carwash and self- service bays would be subject to the Design Review process and subsequent environmental review and analysis at the staff level. City Council Report Zone Change 974)04 December 1, 1997 Page 2 Section 3.1 (B)(3) of the Jamboree Plaza District Regulations is proposed to be amended to allow self- service carwashes as a permitted use within Planning Area A as follows: "3. Carwashes, ~,-~-.-'""t'"~;'~'~e, including self service carwashes P." On November 24, 1997, the Planning Commission recommended that the City COUncil approve the requested zone change. (Attachment 6). A decision to approve the zone change is supported by the following findings: 1) The proposed zone change to permit self-service carwashes is consistent with the Tustin General Plan in that the site is located within a Planned Community Commercial/Business land use designation. This land use designation provides for a mixture of uses and activities permitted in the Community Commercial, Professional Office, and Industrial land use designations. These land use categories provide for a variety of retail, office, and commercial uses. 2) The proposed zone change to permit self-service carwashes is consistent with the Jamboree Plaza Planned Community in that the intent of the District Regulations is to provide for a variety of auto-related, retail, commercial, office, and public agency uses. In addition, Planning Area A is intended to provide for individual pad development of freestanding facilities along the Edinger Avenue frontage and to provide services to the motoring public such as drive-thru restaurants, carwashes, service stations, and convenience markets. The proposed zone change is regulatory in nature and no specific development is proposed at this time; therefore, the Initial Study/Negative Declaration (Attachment 3) found no potential environmental impacts associated with the project. The Initial Study/Negative Declaration was circulated for a twenty (20) day public review period beginning on November 7, 1997, and ending on November 26, 1997. Staff has received no comments. K~'~n Peterson Associate Planner Community Developmem Director Attachments: 1. Location Map ' 2. Jamboree Plaza Planned Community District Regulations Section 3.1 (B)(3) and Planning Area Map 3. Initial Study/Negative Declaration 4. Resolution No. 97-111 5. Ordinance No. 1193 6. Planning Commission Resolution No. 3561 ATTACHMENT 1 LOCATION MAP LOG~FiON ] MAP < 2 i. OC'T &/$ el.l,& I.L~W&T 300' Kadius Zone Change 97-004 NWC Jamboree Road and Edinger Avenue ATTACHMENT 2 JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS SECTION 3.1 (B)(3) and PLANNING AREA MAP Jamboree Plaza District Regulations Page 2 3.0 LAND USE REGULATIONS The land use and development standards within this section act as a principal part of the controlling mechanism for implementation of the Jamboree Plaza Planned Community District designation. Standards set forth in this section will ensure that future development within the Jamboree Plaza Planned Community proceeds in a consistent and appropriate manner. Future review of subdivisions and site plans by the City of Tustin will provide assurance that these standards are realized. 3.1 PLANNING AREA A A. .purpose & Intent Planning Area A is intended to provide individual pad development of freestanding facilities along the Edinger Avenue project frontage complimentary to the retail and commercial service uses of the center and to provide valuable services to the motoring public on the major traffic routes in the vicinity. B. Permitted & Conditionally Permitted Uses The following uses shall be permitted by right as a principal use in Planning Area A where the symbol "P" occurs, and by Conditional Use Permit where the symbol "C" occurs. i · Alcoholic beverage sales establishments subject to the following criteria: C · Off-site sales establishments shall be located a minimum distance of 100 feet from any residentially zoned or used property; 300 feet from any other existing off-site sales establishment; and 600 feet from any church, public or private school, playground or hospital. Automobile Service stations, including self service stations. P Carwashes, excluding self service carwashes. P 4. Convenience markets, subject to provisions p I I I I I I I ' I I I I I I I I , I I I I I I I I I I I I I .o I I I I I I I I I I I I ./ Iili II1111111 ! ! :! :i I l ~ ~ · i · ! · ii!11111. ATTACHMENT 3 INITIAL STUDY/NEGATIVE DECLARATION COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial l~Fay, Tustin, CA 92780 (714) 573-3105 NEGATIVE DECLARATION Project Title: ZONE CHANGE 97-004 Project Location: NWC OF THE INTERSECTION OF EDINGER AVENUE AND JAMBOREE ROAD Project Description: Project Proponent: A ZONE CHANGE TO ALLOW SELF-SERVICE CARWASHES AS A PERMITTED U~E 1N PLANNING AREA A OF THE JAMBOREE PLAZA PLANNED COMMUNITY RBC AMERICORP, INC. Lead Agency Contact Person: KAREN PETERSON Telephone: (.714) The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that studY hereby finds: ,, That there is no substantial evidence that the project may have a si=m'dficant effect on the environment. That potential significant effects were identified, but revisions have been' included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the · appropriateness of this Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the ' Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON Date Il-"~' ~7 NEGDEC.PM5 3704.A NOVEMBER 26, 1997 Elizabeth A. Binsack Community DevelOpment Director COMMUNITY DEVELOPMENT DEPARTMENT 300 CentemTial Way, Tustin, CA 92780 (7] 4) 5 73-3] 05 INITIAL STUDY A. BACKGROUND Project Title: ZONE CHANGE 97-004 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: KAREN PETERSON Phone: (714) 573-3123 Project Location: NWC OF THE INTERSECTION OF EDINGER AVENUE .AND JAMBOREE ROAD Project Sponsor's Name and Address: RBC AMERICORP, INC. 14181YORBA STREET, SUITE 204 TUSTIN~ CA 92780 General Plan Designation: Zoning Designation: JAMBOREE PLAZA PLANNED COMMUNITY Project Description: A ZONE CHANGE TO ALLOW SELF-SERVICE CARWASHES AS A PERMITED USE WITHIN PLANNING AREA A OF THE JAMBOREE PLAZA PLANNED COMMUNITY DISTRICT REGULATIONS PLANNED COMMUNITY - COMMERCIAL/BUSINESS Surrounding Uses: North INDUSTRIAL East VACANT South MILITARY West MILITARY Other public agencies whose approval is required: orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other City oflrvine City of Santa Ana Orange County EMA Be 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 12 Hazards [2] Population and Housing [] ' Noise [2] Geological Problems [] Public Services [D Water [--'1 Utilities and Service Systems ' [] Air Quality [2'-Aesthetics 12 Transportation & Circulation 12 Cultural Resources U! Biological Resources 12 Recreation ~ Energy and Mineral Resources ~ ' Mandatory Findings of Significance C. DETERMINATION: Oh the bakis of this initial evaluation: I I find that the proposed project COULD NOT have a significant effect on the environment, and a 'NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheets 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 ENV~ONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately .anal3zed 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, ff the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must anal3ze 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 anal)zed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EItL including revisions or mitigation measures that are imposed upon the proposed project. [2] 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 anal)zed 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. Signature [~/'~~~~ ~ Print Name /~ ~"7~ Date !/' fi/. 7 Trde D. ENVIRONMENTAL IMPACTS' [] Earlier analyses used: Available for review at: City of Tustin Community Development Department 1. LAND USE & PLANNING - l~buld the proposal: a) Conflict with general plan designation or zoning? b) Conflict ,Mth applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity? d) Affect agricultural resources or operations? e) Disrupt or dMde the physical arrangement of an established community (including a low-income or minority community)? 2. POPULA.TION & HOUSING - Would the proposal: a) Cumulatively exceed official regional or local population project/om? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? GEOLOGIC PROBLEMS - Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudtlows? · f) Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geolo~c or physical features? 4. WATER - Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? b) Exposure ofpeople or property to water related hazards -such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved ox3'gen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? Potentially Significant Impact Potentially $ir, nificant Unless g~ritigation Incorporated Less than Significant Impact No Impact l 1 I I l 0 0 0 [3 0 0 i i 1 O O 1 'l 0 0 0 f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater othem,ise available for public water supplies? 5. AIR QUALITY - Igbuld the proposal: Be a) Violate any air quality standard or contribute to an existing or projected air quality violation7 b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? TRANSPORTATION & CIRCULATION - ~buld the proposal result in: a) Increased vekicle trips or traffic congestion? b) Hazards to safety from desigu features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? . c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle rac 'ks)? g) .Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES -' Would the proposal result in impacts to: a) Endangered, threatened Or rare species or their habitats (including but not limited to plants, fish, inse,."ts, animals, and birds? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal pool)? e) Wildlife dispersal or migration corridors? ENERGY & MINERAL RESOURCES - Would the proposal: a) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner7 c) Result in the loss of availability of a known mineral resource that would be of future value to the re~on? Polentially Significant Impact Polentially Significant Unless .~iitigation Incorporated Less than Significant Impact No Impact [3 [3 0 0 1 l 0 0 0 [-3 [2 0 0 l I I l I 0 0 0 0 0 [2 0 0 0 0 0 0 l l 0 0 [2 0 0 0 0 0 1 l 0 [2 0 0 0 1 1 9. HAZARDS - Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference x~Sth emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard?- d) Exposure of people to existing sources of potential health hazards? e) Increased fire hazard in areas with flammable brush, grass, or trees? 10. NOISE - Would the proposal result in: a) Increases in existing noise levels? b) Exposure of people to severe noise levels? 11. PUBLIC SERVICES - Pl~uld the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other government sendces? 12. UTrI.ITrF. s & SERVICE SYSTEMS - Would theproposal result in a nked for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas?. b) Communications systerns? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS - Would the proposal: a) Affect a scenic vista or Scenic 1-fighway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? Potentially Significant Impact Polenliallv Significant Unless g.~iligation Incorporated Less than Significant Impact No ]mpacl l I I .1 14. CULTURAL RESOURCES - I'Vould the proposal: a) Disturb paleontological resources? b) Disturb archaeological resources7 c) Have the potential to cause a phy,sical change which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potential impact, area7 15. RECREATION - 14Zould the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? 16. NL4aNDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to de~ade 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 the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c) 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 ,~,'ith the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Polentiallv Unless Lc.,., than Significant giitigation Significant Impact Incorporated Impact · .¥o Impact [2 Q E] l Q El El I El E] El I El El El I l-'1 E! .El I E. EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. INITSTUD. PM5 3702A ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS ZONE CHANGE 97-004 BACKGROUND The proposed project involves an amendment to Section 3.1 03)(3) of the Jamboree Plaza Planned Community District Regulations to allow self-service carwashes as a permitted use. Currently, Section 3.1 03)(3) permits carwashes but excludes self-service carwashes. The proposed amendment in and of itself will not create significant impacts. Any potential impacts would be associated with discretionary approval of future projects, if proposed. Additional environmental review and analysis would be conducted at the time that a specific project is proposed to be implemented in accordance with the Jamboree Plaza Planned Community District Regulations. Since the proposed amendment is regulatory in nature, no potential impacts related to land use, planning, population, housing, geology, water quality, air quality, transportation, circulation, biological resources, energy or mineral resources, hazards, noise, public services, utilities, aesthetics, cultural resources, or recreation are anticipated. In addition, the proposed project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of long-term goals. The amendment has no environmental effects which are individually limited but cumulatively considerable nor that will cause substantial adverse direct or indirect effects. SD._urcel Jamboree Plaza Planned Community District Regulations Mitigation/Monitorin g.Kequked: None required. ks:jamenv.doc ]0 12 13 14 16 17 19 20 2] 22 23 24 25 26 27 ¸28 I . I o RESOLUTION NO. 97-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING THE NEGATIVE DECLARATION AS ADEQUATE FOR ZONE CHANGE 97-004 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City Council of the City of Tustin does hereby resolve as follows: The City Council finds and determines as follows: no Zone Change'97-004 is considered a "project" pursuant to the terms of the California Environmental Quality Act. m , A. A Negative Declaration has been prepared for this project and has been distributed for public review. Whereby, the Planning Commission of the City of Tustin reviewed and considered the Negative Declaration and found it to be adequate and complete, and recommended approval on November 24, 1997. m. Whereby, the City Council of the City of Tustin has reviewed and considered the Negative Declaration. E . The City Council has determined that the Negative Declaration is adequate and complete. A Negative Declaration has been completed in compliance with CEQA and State guidelines. The City Council has received and considered the information contained in the Negative Declaration, prior to recommending approval of the proposed project, and found that the Negative Declaration adequateIy discussed the environmental effects of the proposed project and recommends that the City Council approve the Negative Declaration. Further, the City Council finds the project involves no potential for any adverse effects, either individually or cumulatively, on wildlife resources; and, therefore, makes a De Minimus Impact Finding related to the California State Department Fish and Game Code Section 711.4. l0 12 13 16 17 19 20 2! 22 23 24 25 26 27 28 Resolution No. 9o ~11 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 1st day of December, 1997. JEFFERY M. THOMAS Mayor. PAMELA STOKER City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN SS· CERTIFICATION FOR RESOLUTION NO. 97-111 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 Resolution No. 97-111 was duly and regularly introduced, passed'and adopted at a regular meeting of the Tustin City Council, held on the 1st day of December, 1997. COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER 10 18 19 20 22 23 24 26 27 28 29 ORDINANCE NO. 1193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING ZONE CHANGE 97-004 AMENDING SECTION 3.1 (B)(3) OF THE JAMBOREE PLAZA DISTRICT REGULATIONS TO ALLOW SELF-SERVICE CARWASHES AS A PERMITTED USE WITHIN PLANNING AREA A OF THE JAMBOREE PLAZA PLANNED COMMUNITY ON THE NORTHWEST CORNER OF EDINGER AVENUE AND JAMBOREE ROAD. The City Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: Ao Bo C. That an application has been filed by RBC Americorp, Inc., requesting approval of Zone Change 97-004 to amend Section 3.1 (B)(3) of the Jamboree Plaza Planned Community District Regulations to allow self- service carwashes as a permitted use within Planning Area A. That a Public Hearing was duly noticed, called and held on said application by the Planning Commission on November 24, 1997. That a Public Hearing was duly notiCed, called and held on said application by the City Council on December 1, 1997. Do That a Negative Declaration has been apProved by the City Council in conformance with the requirements of the California Environmental Quality Act. Proposed Zone Change 97-004 is consistent with the policies of the General Plan in that the subject site is located within a Planned Community Commercial/Business land use designation. This land use designation provides for a mixture of uses and activities permitted in the Community Commercial, Professional OffiCe, and Industrial land use designations. These land us6 categories provide for a variety of retail, office, and' commercial uses. Fo Proposed Zone Change 97-004 is consistent with the Jamboree Plaza Planned Community in that the intent of the District Regulations is tO provide for a variety of auto-related, retail, commercial, office, and public agency uses. In addition, Planning Area A is intended to provide for individual pad development of freestanding facilities along the Edinger Avenue frontage and to provide services to the motoring public such as drive-thru restaurants, carwashes, service stations, and convenience markets. 27 28 29 Ordinance No. 1193 Page 2 II. RBC Americorp, Inc. shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. III. The City Council hereby approves Zone Change 97-004 amending Section 3.1 (B)(3) of the Jamboree Plaza Planned Community District Regulations to read as follows: - "CarwasheS,,..~,.,,,,~,,"----~-,,4;','--,6 including self service carwdshes. P" IV. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not 'affect the Validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the day of ,1998. JEFFERY M. THOMAS Mayor PAMELA STOKER City Clerk