HomeMy WebLinkAbout02 ZONE CHANGE 94-005 12-05-9412-5-94
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inter-Com
ATE'
DECEMBER 5, 1994
TO' WILLIAM A. HUSTON, CITY MANAGER
FROM' COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: ZONE CHANGE 94-005 (FRANCHER DEVELOPMENT SERVICES, INC. )
RECOMMENDATION
It is recommended that the City Council take the following actions:
1. Approve the Environmental Determination for the project by
adopting Resolution No. 94-137; and'
.
2 Have first reading by title only and introduction of Ordinance
No. 1144 approving Zone Change 94-005.
FISCAL IMPACT
There would be fiscal impacts associated with the project. The
required street improvements are estimated at $132,000 which the
City, as conditioned, would enter into a reimbursement agreement
with the applicant to reimburse the applicant for construction
costs of the improvements along Red Hill Avenue. In the event that
the City compensates the property owner for the necessary right-of-
way or if future funding opportunities through the County's Measure
"M" Program are adversely affected, it is estimated by .the Public
Works Department that right-of-way acquisition could, additionally
cost the City in excess of $107,000.
BACKGROUND
The proposed.project is a request to change the zoning designation
on the subject property from Retail Commercial (C-i) District to
Commercial General (CG) District to accommodate development of a
fast food drive through facility for Taco Bell. On November 28,
1994, the Planning Commission adopted Resolution' No. 3310
recommending approval to the City Council of Zone Change 94-005,
with conditions (Attachment A). The Planning Commission's action
on the Zone Change was subject to the condition that the applicant
enter into an agreement with the City for: A) the dedication of
required right-of-way along the Red Hill Avenue frontage, including
the corner cut-off at Nisson Road; and B) the construction of the
City Council Report
ZC 94-005
December 5, 1994
Page 2
ultimate improuements along~-'Hill Avenuefron~ge--an~ nor%h'east
corner o$_Nisson Road with reimbursement of said construction costs
..to the. applicant'by the City. At the November 28, 1994 Planning
Commission public hearing, the applicant and property owner
indicated as part of the public record that they were in agreement
to dedicate the required right-of-way, as well as construct the
street improvements, with reimbursement of the construction costs
from the City. Staff committed at the public hearing to expedite
the processing of the conditional use permit and design review as
soon as an agreement for the dedication and construction of street
improvements can be executed in accordance with the proposed
conditions of approval. Since the applicant andproperty owner now
appear to be in agreement to provide the dedication and construct
the street improvements, it is anticipated that the execution of
the agreement would be simplified and would also be expedited.
Other applications that will need to be considered on the project
in the future-by the Planning Commission will include' 1) A
conditional use permit to authorize a drive'through restaurant
pursuant to~uSt~i-n City ~ode Section 9235c(m); 2) A conditional use
permit to permit a freestanding freeway sign to provide
identification for the proposed restaurant; and 3) A design review
to authorize construction of a 1,989 gross square foot restaurant
and site improvements.
The project site, an approximately 0.46 acre parcel, is located on
the northeast corner of Red Hill Avenue and Nisson Road. The site
was at one time occupied with a service station and a restaurant
which was later converted to an auto leasing use. The physical
improvements on the property have remained. However, the site has
been vacant for several years.
Surrounding uses to the site include the I-5 (Santa Ana) Freeway to
the north, a carwash to the east, apartments and a gasoline service
station across Nisson Road to the south and a furniture store
across Red Hill Avenue to the west.
A public hearing notice identifying the time, date and location of
the public hearing on this project was published in the Tustin
News. Property owners within 300 feet of the subject property were
notified of the hearing by mail. Notices were posted on the site,
at City hall and at the Tustin Police Department. The applicant
and property owner were informed of the availability of the staff
report on this project.
City Council Report
ZC 94-005
December 5, 1994
Page 3
DISCUSSION
The proposed Zone Change will permit construction of a 1,989 square
foot Taco Bell fast food restaurant with a drive-through lane at
the northeast corner of Nisson Road and Red Hill Avenue. While the
Planning Commission has not yet acted on or approved the project's
actual site design, access to the site is proposed by the applicant
from one driveway on Nisson Road located approximately 80-feet from
the intersection of Nisson Road and Red Hill Avenue, and one
driveway on Red Hill Avenue located approximately ll0-feet south of
the I-5 (Santa Aha) freeway southbound on-ramp.
In determining whether to approve the proposed zone change, the
City Council should determine whether the proposed zone change is
consistent with surroUnding zoning; is consistent with all elements
of the Tustin Area General .Plan; and whether or not rezoning the
property will be.detrimental to the health, safety, morals, comfort
and general welfare of persons residing or working in the
neighborhood of the use; or whether the proposed zone change will
be injurious or detrimental to property and improvements in the
neighborhood or the general welfare of the City.
Surrounding Zoning Districts to the subject site include the
following: COmmercial General (CG) immediately adjacent to the
site on the east; Multiple-Family Residential (R-3) and Retail
Commercial (C-I) across Nisson Road to the south; C-! diagonally
across Nisson Road and Red Hill Avenue to the southwest; C-1 across
Red Hill Avenue to the west; C-1 diagonally across Red Hill Avenue
and the I-5 Freeway to the northwest; and Central Commercial (C-2)
across the I-5 Freeway to the north (Attachment B). In light of
the CG zoning of the adjacent parcel to the east of the project
site, the 'zone change would eliminate a small single parcel C-1
zoning-island and create a larger, more logical and cohesive CG
zoning designation with 'the adjacent parcel. The proposed Zone
Change would be consistent with the Land Use Plan of the General
Plan which designates the project site as Community Commercial.
However, as the site is currently vacant, any new development would
generate incremental traffic impacts, which when considered
cumulatively, will impact the City's circulation system in this
area. The City's roadway system, as identified in the Orange
County MPAH (Master Plan of Arterial Highways) and the City's
General Plan Circulation Element, is designed to accommodate
traffic associated with the ultimate build-out of the City of which
City Council Report
ZC 94-005
December 5, 1994
Page 4
this site is a part. The Engineering Division alerted the
applicant that any proposed development on the subject site would
impact the traffic flow on the adjacent thoroughfares, therefore,
development plans submitted to the City by the applicant for the
proposed project (attached) reflected the ultimate right-of-way
configuration of Red Hill Avenue and Nisson Road. The site plan
review and traffic analysis performed for this project were also
based upon the ultimate configuration of the site.
As previously mentioned, access to the site is proposed by the
applicant from one driveway on Nisson Road located approximately
40-feet north of Nisson Road, and one driveway on Red Hill Avenue
located approximately ll0-feet south of the I-5 (Santa Ana) freeway
southbound on-ramp. As such, any ingress/egress movements at this
driveway will impede northbound Red Hill Avenue traffic, reduce
roadway capacity in this area, and will create a traffic safety
problem. Due to the location of the proposed Red Hill Avenue
driveway and short spacing between signalized intersections, use of
the driveway will result in delay and cause conflicts which
increase traffic hazards and risks to public safety. This access
will compound the driving task along this link of Red Hill Avenue
by requiring the driver to observe ingress and egress traffic at
several points simultaneously while maintaining control of the
vehicle while monitoring traffic ahead, behind and in adjacent
lanes. Verification of the proposed project's impact on the
vehicular pathways surrounding the project site is substantiated by
the following:
Red Hill Avenue is classified as a major arterial in the
City's General Plan and in the Orange County MPAH. At its
current configuration of six lanes, Red Hill Avenue, in the
vicinity of "this" project, currently carries 37,600 vehicles
per day of which 20,600 are.in the northbound direction
adjacent to this project's street frontage between Nisson Road
and the I-5 Freeway southbound on-ramp.
The critical operational time period for northbound Red Hill
Avenue traffic in this area is a four-hour time period each
day from 3:00 P.M. to 7:00 P.M. during the weekdays when this
section of the roadway carries approximately 7,500 vehicles.
In the P.M. peak-hour, 2,230 vehicles currently travel this
section of northbound Red Hill Avenue per hour. Based upon
current traffic timing for this area of Red Hill Avenue, the
City Engineering Division has determined the roadway has a
City Council Report
ZC 94-005
December 5, 1994
Page 5
service capacity of approximately 2,380 vehicles per hour?
Comparison of the number of vehicles currently travelling this
section of Red Hill and the service capacity indicates an
existing highly congested condition and a poor traffic level
of service (94% volume to capacity ratio), which has been
verified by field observations. As such, any increase in
traffic during this period will further deteriorate the
roadway level of service at this location.
Based upon the traffic generation comparison submitted by the
applicant, the proposed use will generate approximately 110
vehicle trips in the A.M. Peak-hour and 75 vehicle trips in
the P.M. peak-hour. The impact of the proposed project P.M.
peak hour 'traffic increases the volume to capacity ratio in
the northbound Red Hill Avenue direction to 97%, further
deteriorating· the roadway level of service. Since the
proposed project is directly adjacent to this section of Red
Hill Avenue, the project traffic will substantially impact the
existing traffic conditions on Red Hill Avenue.
Notwithstanding the increased congestion which would be caused by
the vehicles utilizing the currently vacant project site,
utilization of the proposed Red Hill Avenue driveway will also
adversely impact traffic movements onto the I-5 Freeway southbound
on-ramp. Project traffic exiting the site at this location will
need to cross the exclusive right-turn lane for the I-5 Freeway,
which will inhibit traffic movements onto the Freeway. At times
when the I-5 Freeway on-ramp lane and the travel lanes on Red Hill
Avenue are stacked, vehicles exiting this site will be forced to
wait for traffic to clear and will cause traffic to be stacked-up
on site. This overlapping maneuver area created by the Red Hill
Avenue driveway causes .public safety risks for the project traffic
as well as for the traffic on Red Hill Avenue as many vehicles will
attempt to weave into and across the traffic flow stream on Red
Hill Avenue to turn onto the I-5 Freeway northbound on-ramp, or to
travel straight on Red Hill Avenue. Traffic entering the project
site at the Red Hill Avenue driveway will also reduce the traffic
flow on Red Hill Avenue b~ reducing speed to safely enter the
project site.
Furthermore, due to the volume of traffic on Red Hill Avenue in
this area the signalized intersections of Red Hill Avenue/Nisson
Road, Red Hill Avenue/I-5 Freeway southbound on-ramp, Red Hill
Avenue/I-5 Freeway northbound off-ramp, and Red Hill Avenue/E1
City Council Report
ZC 94-005
December 5, 1994
Page 6
Camino Real are precisely coordinated to effectively and
efficiently move traffic through this area. These operational
characteristics will be inhibited by utilization of the proposed
project driveway as vehicles traveling northbound on Red Hill
Avenue will need to contend with an additional access onto this
already congested roadway link. This will have the effect of
further degrading the existing traffic level of service in this
area.
When the initial service station and restaurant were approved on
this site in February 1969, the traffic volume on Red Hill Avenue
was approximately 16~,300 vehicles per day. Red Hill Avenue then
functioned, as a four-lane arterial with two through lanes in each
direction along the subject property. The February 1969 approval
included two forty-foot driveways on Red Hill Avenue. Due to the
minimal disruption of traffic progression and acceptable levels of
service at that time, the driveways were determined to have no
impact on the existing circulation system.
When the I-5 Freeway was improved in the late 1980's and early
1990's, Caltrans purchased the rights to one of the project
driveways (closest to the ~-5 Freeway southbound on ramp) on Red
Hill Avenue, since this driveway interfered with the on-ramp
Caltrans replaced the other Red Hill Avenue driveway, which is
consistent with Caltrans' policy for replacing infrastructure that
is disrupted by Caltrans' projects. As traffic volumes increased
throughout the years and the subject site was no longer occupied,
the City waited for a development project prior to requesting
closure of the remaining driveway on Red Hill Avenue.
If the proposed Red Hill Avenue driveway were not available for
use, traffic operations and vehicular movements in this area would
be substantially' ~enhanced and traffic safety hazards ~associated
with this site's acCess would be eliminated. However, the threat
to public safety associated with the subject driveway will be
mitigated with the additional Red Hill Avenue right-of-way and
construction of ultimate improvements.
The current right-of-way on Red Hill Avenue from the street
centerline varies from approximately 54 feet to 60 feet along the
property frontage. The ultimate right-of-way for Red Hill Avenue
in this vicinity is proposed to be located approximately 81 feet
from the centerline of Red Hill Avenue along the property frontage.
As a Major Arterial Highway, Red Hill Avenue would include a
City Council Report
ZC 94-005
December 5, 1994
Page 7
physical roadway median, three through travel lanes in each
direction, left-turn lanes, bicycle lanes, sidewalks on both sides
of the street, and an exclusive freeway right-turn access lane on
the east side of Red Hill Avenue between Nisson Road and the I-5
Freeway southbound on-ramp.
As indicated in the above discussion, without the additional right-
of-way on Red Hill Avenue, the incremental increases in traffic
generated over the driveway proposed by the applicant of the
proposed project would have negative impacts on Red Hill Avenue.
Therefore, a condition of approval has been included in Ordinance
No. 1144 requiring the applicant to enter in~o an Agreement with
the City for the dedication of a street right-of-way and the
construction of street improvements along the Red Hill Avenue
frontage of the project site to 81.00 feet easterly of the street
centerline along with corner cut-offs at Nisson Road and the
southbound on-ramp of the I-5 Freeway. As part of the Agreement
between the City and the applicant, the applicant would be required
to construct the ultimate street improvements within the dedication
area as part of this project prior to issuance of Certificate of
Occupancy. The costs for.the construction of the required street
improvements will be paid by the City through the execution of a
reimbursement agreement with the applicant.
Widening the roadway as proposed will enhance the vehicular
operations on Red Hill Avenue and improve traffic flow at the Red
Hill Avenue/Nisson Road and Red Hill Avenue/I-5 Freeway southbound
on-ramp intersections, thereby reducing increased traffic
congestion caused by the proposed use of the driveway on Red Hill.
The dedication of right-of-way and the City's commitment to provide
construction of the public improvements on Red Hill Avenue would
constitute the applicant's rough proportionate responsibility as
the individual or cumulative significant impacts causing risks to
public safety that would o~herwise result from the proposed project
would be reduced to an acceptable level.
The current value of the public improvements on Red Hill Avenue is
estimated to be $132,000.00 along the proposed project frontage.
These'cost estimates include the relocation of traffic signals and
equipment; relocation of utilities; construction of concrete curb
and gutter, concrete sidewalk, asphalt pavement, concrete
commercial driveway approach; installation of signing and
striping; normal construction contingencies; design engineering
and construction contract administration. It is estimated that
City Council Report
ZC 94-005
December 5, 1994
Page 8
right-of-way acquisition costs for the proposed dedication area
along Red Hill Avenue is approximately $107,000.00. It should be
noted that the total value of the City's improvements exceeds the
estimated value of the required right-of-way. In addition, once
the City improvements are constructed, the property owner could
potentially realize an increase in the value of the subject
property.
ENVIRONMENTAL ANALYSIS
A Negative Declaration/Initial Study was prepared for the project,
a copy of which is attached to this report. Based upon review of
Zone Change 94-005, it has been determined that the environmental
impacts relating to this project will be reduced to an acceptable
level with the inclusion and implementation of the identified
mitigation measures. These mitigation measures related to Zone
Change 94-005 have been included as conditions of approval in
Ordinance No. 1144. Therefore, should the City Council wish to
approve Zone Change 94-005, it would be appropriate to certify the
Negative Declaration as adequate pursuant to the provisions of the
California Environmental Quality Act.
CONCLUSION
Given the analysis conducted by the Community Development
Department, and in consideration of comments from other agenCies
and the public, it is concluded that the proposed zone change would
be appropriate provided that the applicant enters into an Agreement
with the city for the dedication of right-of-way and construction
of the ultimate street improvements with reimbursement to the
applicant by the City for such construction costs.
City Council Report
ZC 94-005
December 5, 1994
Page 9
It is therefore recommended that the City Council take the
following actions:
·
Approve the Environmental Determination for the project by
adopting Resolution No. 94-137; and
.
Have first reading by title only and introduction of ordinance
No. 1144, approving Zone Change 94-005.
Daniel Fox, IAICP
Senior Planner
Christine Shinglet?~
Assistant City Manager
CAS: D F: Dr/ZC94005. D F
Attachments'
Attachment A - PC Reso 3310
Attachment B - Location Map and Existing Zoning
Project Plans
Negative Declaration/Initial Study
Resolution No. 94-137
Ordinance No. 1144
1 RESOLUTION NO. 3310
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONE CHANGE 94-005, A REQUEST
TO AUTHORIZE A ZONE CHANGE OF THE PROPERTY LOCATED
AT 14042 RED HILL AVENUE FROM RETAIL COMMERCIAL (C-
1) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
Ao
That Zone Change 94-005 was submitted to the
Planning Commission by Fancher Development Services
on behalf of the property owners, Thaddeus J.
Moriarty Jr. and James G. White, for consideration.
m o
That a public hearing was duly noticed, called and
held on said application by the Planning Commission
on November 28, 1994. '
C o
That the project will not have a significant effect
on the environment as conditioned, and a Negative
Declaration has been prepared pursuant to the
provisions of the California Environmental Quality
Act.
D o
That the proposed Zone Change to Commercial General
(CG) District is consistent with all elements of
the Tus~in Area General Plan, and in particular the
Land Use Element which designates this property
Commercial (C), which would accommodate a broad
range of commercial uses and development.
g .
That the proposed Zone Change to CG is in the best
interest of the public health, safety and welfare
of the surrounding area in that the proposed zoning
district designation of CG is compatible with
commercial uses surrounding the development.
F .
That the proposed Zone Change to CG is in the best
interest of the public health, safety and welfare
of the surrounding area in that the proposed zoning
district designation of CG is compatible with
commercial uses situated adjacent to the freeway.
G o
That the proposed Zone Change to CG would eliminate
a small single parcel C-! zoning designation island
thereby creating a larger, more logical and
cohesive CG zoning designation with the adjacent
parcel located at 1501 Nisson Road.
ATTACHMENT A
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Resolution No. 33i{}
Page 2
II. The Planning Commission hereby recommends to the City
Council approval"of Zone Change 94-005 changing the
zoning designation of the property located at 14042 Red
Hill Avenue, from Retail Commercial (C-I) District tc
General Commercial (CG) District as shown on Exhibit A,
attached hereto, and subject to conditions contained in
Exhibit B, attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of
Tustin at a regular meeting held on the 28th day of November,
1994.
BARABARA REYE~S
Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES, the undersigned, hereby certify' that I am
the Recording Secretary of the Planning Commission of the CiTy
of Tustin, California; that Resolution No. 3310 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 28th day of November, 1994.
Recording Secretary
EXHIBIT A
ZONE CHANGE 94-005
14042 RED HILL AVENUE
ASSESSOR PARCEL NO. 432-402-04
REZONE PROPERTY FROM C-1 (RETAIL COMMERCIAL)
TO CG (COMMERCIAL GENERAL)
S ~ N T~ .~ N~
_
_.
NORTH
SCALE: 1"= 100'
AREA AFFECTED BY ZONE CHANGE
EXHIBIT B
ZONE CPL~NGE 94-005
CONDITIONS OF APPROVAL
RESOLUTION NO. 3310
GENERAL
(i) 1.1 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to Planning Commission
review of subsequent land use applications.
(1) 1.2 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities arising out of
the City's approval of the entitlement process for this
project.
(2) 1.3 Prior to the subject Zone Change becoming effective, the
(5) applicant shall be required to enter into an Agreement
with the City for: A) the dedication of required right-
of-way along the Red Hill Avenue frontage, including the
corner cut off at Nisson Road; andB) the construction of
ultimate improvements along the Red Hill Avenue frontage
and northeast corner of Nisson Road prior to issuance of
any Certificate of Occupancy, with reimbursement of said
construction costs to the applicant by the City. The
diagonal lines for the cut-offs shall align with the
BC/EC (beginning'of curb return/end of curb return) of
the future curb returns. "
**** 1.4 Within forty-eight (48) hours of approval of the subject
(5) project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $25.00 (twenty five
dollars) pursuant to AB 3158, Chapter 1706, Statues of
!990,. to enable the City to file the Notice of
Determination required under Public ResoUrces Code
Section 21152 and 14 Ca!. Code of Regulations 15075. If
within such forty-eight (48) hour period that applicant
has not delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall be considered automatically null and
void.
SOURCE CODES
(i) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW (8) MTINICIPAL CODE
**** EXCEPTION
LOGATION
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COMMUNIT'~' DEVEI-,OI~I~II~NT I)ISPAICI'MEN'I'
300 Cemet,ual ~I'~0: 7~stm, CA 92680
(7]4) 575-3]05
INITIAL STUDY
BACKGROUND
Name of Proponent
Address and Phone Number of Proponent
Date Check List SUbmitted
Agency Requifin~ Check List
Nme of Proposal, if applicable
ENVIRONMENTAL IM PACTS
l. Earth. Will the proposal result in'
a..Unstable earth conditions or in changes in geologic substructures?
YES MAYBE NO
b. Disruptions, displacements, compaction or overcovering of the soil?
c. Change in topography or ground surface relief features0
d. The destruction, covering or modification of any unique geologic or
physical features?
e. Any increase in wind or water erosion of soils, either on or off the site?
Changes in deposition or erosion of beach sands, or changes in
siltation, deposition or erosion which max, modify the channel of a river
or stream or the bed of the ocean or any bay, inlet or lake?
1
g Exposure of people or p~opcny Io geologic hazards such as
earthquakes, landslides, mud slides, ground failure, or similar hazards?
2. ~ir. Will the proposal result in:
a. Substantial air emission or deterioration of ambient air quality?
b. The creation of objectionable odors?
c. Alteration of air movement, moisture, or temperatures, or any change
in climate, either locally or regionally?
3. Water. W'fll the proposal result in:
a. Changes in currents, or the course of direction of water movements, in
either marine or fresh water?
b. Changes in absorption rates, drainage patterns, or the rate and amount
of surface runoff2.
c. Alterations to the course or flow of flood waters2
d. Change in the amount of surface water in any water body?
e. Discharge into surface waters, or in any alteration of surface water
quality, including but not limited to temperature, dissolved oxygen or
turbidity?
f. Alteration of the direction or rate of flow of ground waters?
g. Change in the quantity of ground waters, either through direct
additions or withdrawals, or through interception of an aquifer by cuts
or excavations?
h. Substantial reduction in the amount of water otherwise available for
public water supplies?
i. Exr>osure of'people cr property to water related hazards such as
flooding or tidal ,;,,aves?
4. Plant Life. Will the proposal result in:
a. Change in the diversity of species, or number of any species of plants
(including trees, shrubs, grass, crops, and aquatic plants)?
b. Reduction of the numbers of any unique, rare or endangered species of
plants?
YES
MAYBE NO
7-1 71
,
Introduction ofncw species of plants into an arca, or in a barricr t(~ Ibc
normal rcplcnishnwnt of existing spccics?
d. Reduction in acreage ofany agricultural crop?
Animal Life. \~,511 the proposal result in:
Change in the diversity, of species, or numbers of any species of animals
(birds, land animals including reptiles, fish and shellfish, benthic
organisms or insects)?
b. Reduction of the numbers of any unique, rare or endangered species of
animals?
c. Introduction of new species of animals into an area, or result in a
barrier to the migration or movement of animals?
.
d. Deterioration to existing fish or wildlife habitat?
YES
L.
M ,AY B E
NO
6. Noise. Will the proposal result in:
a. Increases in existing noise levels?
b. Exposure of people to severe noise levels?
7. Light and Glare. Will the proposal produce new light or glare?
8. Land Use. Will the proposal result in a substantial alteration of the present
or planned land use of an area?
9. Natural Resources. Will the proposal result in:
a,
Increase in the rate or use of any natural resources?
b. Substantial depletion of an3, nonrenewable natural resource?
10. Risk of Upset. Will thc proposal inv61ve:
a.
A risk of an explosion or the release of hazardous substances
(including, but not limited to, oil, pesticides, chemicals or radiation) in
the event of an accident or upset conditions?
b. Possible imefference with an emergency response plan or an emergency
evacuation plan?
11. }~o.p_u_/a_Li_o_.~.~ \\;ill thc proposal alter thc location, distribution, densily, o~
gro',,,qh rate or,he human population of an area'?
12. Housing. X\qll the proposal afl'cci existing housing, or create a demand for
additional housing?
13. Transportation/Circulation. Will the proposal result in'
a. Generation of substantial additional vehicular movement7
b. Effects on existing parking facilities, or demand for new parking?
c. Substantial impact upon existing transportation systems7
d. Alterations to present patterns of circulation or movement of people
and/or goods?
e. Alterations to waterborne, rail or air traQSc?
f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians?
14. Public Services. Will the proposal have an effect upon, or result in a need
for new or altered governmental services in .any of the following areas:
a. Fire protection?
b. Police protection7
c. Schools?
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including roads?
f. Other governmental services?
15. Energy_:. Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon existing sources of energy, or
require the development of new sources of energy?
YES
MAYBE
NO
t)tilities \Viii the proposal result in a need tbr new svs;cms, or substantial
alterations to ~.he £ollowing utilities:
a. Power or natural gas?
b. Communications systems?
c. Water?
d. Sewer or septic tanks?
e. Storm water drainage?
£ Solid waste and disposal?
17. Human Health. Will the proposal result in:
.--
a. Creation of any health hazard or potential health hazard (excluding
mental health)?
18.
b. Exposure of people to potential health hazards?
Solid Waste. Will the proposal create additional solid waste requiring
disposal by the City?
19.
YES
MAYBE
NO
Aesthetics. Will the proposal result in the obstruction of any scenic vista or
view open to the public, or will the proposal result in the creation of an
aesthetically offensive site open to public view?
20. Recreation. V~511 the proposal result in an impact upon the quality or
quantity of existing recreational opportunities?
21. Cultural Resources. Will the proposal result in:
a. The alteration of or the destruction of a prehistoric or historic
archaeological site?
b. Adverse physical or aesthetic effects to a prehistoric or historic
building, strUCture, or object?
c. The potential to cause a physical change which would affect unique
ethnic cultural values?
I I
II
d. Will the proposal restrict existing religious or sacred uses within the
potential impact area?
YES MAYBE NO
22 Mandator'¥ }:indin,._ls of %iunifica~3c_C
Does the projec~ 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?
bo
Does the project have the potential to achieve short-term, to the
disadvantage of long-term, environmental goals? (A short-term impact
on the environment is one which occurs in a relatively brief, definitive
period of time while long-term impacts will endure well into the
future).
C,
Does the project have impacts which are individually limited, but
cumulatively considerable'?. (A project may impact on two or more
separate resources where the impact on each resource is relatively
small, but where the effect of the total of those impacts on the '
· .
environment is significant.).
do
Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly?
DISCUSSION OF ENVIRONMENTAL EVALUATION
SEE ATTACI:tMENT A
I)ETI:~R~I INA'I'I()N
On the basis of this initial evaluation'
I find that the proposed project COULD NOT have a significant effect on
the environment, and a NEGATI\rE DECLAKATION 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 in Attachment A attached hereto have
been added to the project. A NEGATIVE DECLARATION WILL BE
PREPARED.
I find the proposed project MAY have a significant effect on the
environment, and an ENVIRO~NTAL IMPACT REPORT is required.
Date
Signature ~
Title "J~~' 8(a IqF}~''
INITSTUD.PId 5
37027,,
DISCUSSION OF ENVIRONMENTAL EVALUATION
CONDITIONAL USE PER/{IT 94-016, DESIGN REVIEW 94-025
AND ZONE CHANGE 94-005
NOVEMBER 8, 1994
PROJECT DESCRIPTION
The proposed project is a request for: 1) a zone change from Retail
Commercial (C-I) District to Commercial General (CG) District; 2)
a conditional use permit to authorize a drive-through restaurant
pursuant to Tustin City Code Section 9235c(m); 3) a conditional
use permit, pursuant to Section 940463, allowing a freestanding
freeway sign to provide identification for the proposed restaurant;
and 4) a design review to authorize construction of a 1989 gross
square foot restaurant and site improvements.
The project site, an approximately 0.46 acre parcel, is located on
the northeast corner of Red Hill Avenue and Nisson Road (see
location map). The site was at one time developed .with a service
station and a restaurant; the restaurant was later converted to an
auto leasing use. The site has more recently been vacated for a
number.of years. The project site has recently undergone'remedial
action for the underground storage tanks that provided gasoline for
the service station. The remediation was monitored by the Orange
County Health Care Agency, Environmental Health Division -
Hazardous Materials Mitigation Section which has determined that no
further action related to the underground tanks is required.
Surrounding uses to the site include the I-5 (Santa Ana) Freeway to
the north, a carwash to the east, apartments and a gasoline service
station across Nisson Road to the south and a furniture store
across Red Hill Avenue to the west.
Earth - B "Yes"; A, C throuqh G "No" - The subject site is
currently developed with a former gasoline service station
(which has been vacated) and is relatively flat in its
topographical features. The proposed modifications to %he
site would involve demolition of the existing two story
structure and minor grading activity to prepare the site for
the proposed use.
Sources: Field Observations, S~bmitted .Development Plans,
City of Tustin Community Dewelopment Department.
·
Mitigation/Monitoring: The following mitigation measures
would be required to be Satisfied prior to issuance of any
building permits for the project'
A. The applicant would be required to submit a soils report
to the Building Division completed within twelve (12)
months prior at Building Permit Plan Check.
B. The applicant would be required to submit grading plans
identifying the scope of work at Building Permit Plan
Check. All work shall be done in conformance with the
Discussion of Environmental Evaluation
Conditional Use Permit 94-0].6, Design Review 94-025
and Zone Change 94-005
November 8, 1994
Page 2
Uniform Building Code, Grading Code and Grading Manual as
required by the Building Official.
o
Air - A "Maybe"; B and C "No" - The proposed project requires
the demolition of an existing structure on the site and
construction of a new structure which may result in short term
pollutants such as dust particles which will be emitted into
the air. The proposed project would not result in substantial
air emission or deterioration of ambient air quality, creation
of objectionable odors .or alteration of air movements,
moisture or temperatures, or any change in climate either
locally or regionally.
Sources: "Submitted Development Plans, City of Tustin
Community Development Department, Orange County Fire
Department,and South Coast Air Quality Management District.
Mitigation/Monitoring: The site will be required to comply
with grading plan approvals with regard to dust control, which
requires the applicant to apply water to the site as specified
in the Grading Code and Grading Manual. This will be
monitored by the Building Division when construction
commences. The South Coast Air Quality Management District
(SCAQMD) will also be required to be notified of the
demolition of the existing structure on the subject site prior
to demolition permit issuance. Any asbestos in the existing
structure will be required to be removed by a licensed
demolition contractor, and asbestos removal will be regulated
by the SCAQMD.
Water - B andre "Maybe"; A, C, D and F throuqh I "No" - As
proposed, the surface areas of the project.will drain into the
existing storm drain system. However, it is not anticipated
that this project will substantially contribute to the
·
drainage flow. This project is required to develop and
maintain compliance with an approved Water Quality Management
Plan as administered by the City of Tustin and the Regional
Water Quality Control Board. Should the water be deposited
into the sanitary sewer system for treatment, it shall be in
compliance with the Orange County Sanitation District
requirements. The subject site is not located near any
standing or moving bodies of water.
Source: Field Observations, City of Tustin Community
Development Department, City of Tustin Public Works
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005 ~
November 8, 1994
Page 3
.
e
Department, Orange County Sanitation District, Regional Water
Quality Control Board.
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
The applicant shall submit for approval by the Community
Development and Public Works Departments, a Water Quality
Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used on site to
control predictable pollutant run-off. This WQMP shall
identify: the structural and non-structural measures
specified detailing implementation of BMPs whenever they
are .appliCable to the project; the assignment of
long-term maintenance responsibilities (specifying the
developer, parcel owner, maintenance association, lessee,
etc.); and, ~eference to the location(s) of structural
BMPs.
Be
The applicant shall obtain coverage under the NPDES
Statewide Industrial Stormwater Permit for General
Construction Activities from the State Water Resources
Control Board. Evidence that this has been obtained
shall be submitted to the Building offiCial of the City
of Tustin.
Plant Life - A 'throuqh D - "No" - The project site is free
from any unique, rare or endangered species of plant-life.
The proposed project would introduce landscape and specimen
trees on to the site in conformance with the requirements of
the City of Tustin's Landscape and Irrigation Guidelines. All
landscaping will be designed, installed, and maintained in
accordance with the City's Landscape and Irrigation
Guidel£nes.
Source: Field Observations, Proposed Development Plans
Mitigation/Monitoring: None Required.
Animal Life - A throuqh D - "No" - The subject site is located
within an urban area and is developed with a former service
station. The site is not inhabited by any known species of
animals. Establishment of the proposed project would have no
impacts on animal populations, diversity of species or
migratory patterns.
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005
November 8, 1994
Page 4
·
Source: Field Observations
Mitigation/Monitoring: None Required.
Noise - A "Yes", B - "No" - The proposed project would add new
noise sources into the area as the property is presently
developed with an unoccupied former service station. The
development of the project will result in short term
construction noise impacts which will require compliance with
the City's Noise Ordinance. Given the existing noise levels
of 70 to 75 dBa in the area generated by vehicles on the I-5
(Santa Ana) Freeway and the surrounding street system (Red
Hill Avenue and Nisson Road), the proposed project is not
expected'to impact the ambient noise levels in the area. All
noise sources will be required to conform to the City's Noise
Ordinance, which applies to commercial zones at a standard
level of 60 dBA, 24 hours per day.
Source: Community Development Department, Field Observations
Mitigation/Monitoring: Ail development related noise
generated shall be in accordance with the City of Tustin Noise
Ordinance which, in part, limits noise generation to a maximum
of 60 dba and restricts construction hours, which would be
enforced by the Community Development Department and Police
Department. In addition, outside public address speakers,
telephone bells, buzzers, and similar devices which are
audible on adjoining properties are prohibited.
Liqht and Glare - "Maybe" - The project site is currently
vacant. The proposed project will be required to provide
adequate lighting which would add new lighting into the area
to serve its operations during business hours. All new
exCeri6r lighting would comply 'with the City of Tustin
Security'Ordinance.
Source: Community Development Division, Field Observations,
Proposed Development Plans.
Mitigation/Monitoring: The applicant shall provide details of
all proposed lighting fixtures and a photometric study showing
the location and anticipated distribution pattern of light of
all proposed fixtures. All new light fixtures shall be
consistent with the' architecture of the building. Wall
mounted fixtures shall be directed at a 90 degree angle
directly toward the ground. All lighting shall be developed
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005 ~ .
November 8, 1994
Page 5
to provide a minimum of one (1) footcandle of light coverage,
in accordance with the City's Security Code.
·
·
Land Use - "Maybe" - The proposed project will result in a
minor alteration of present or planned land use on the site.
The subject site is currently zoned Retail Commercial (C-i)
which permits restaurants and other commercial and retail
uses. Although there is currently no use on the site, a
freeway oriented restaurant and gasoline service station were
previously Operated at the subject site. The request to
change the zoning district to Commercial General (CG) would
continue to allow retail and commercial uses such as a take-
out restaurant use and would allow a drive-through facility
subject to the conditions of a use permit. The proposed
restaurant and drive-through would be a freeway oriented.
The proposed zone 'change would give the subject parcel the
same zoning as the other parcel on the block which is located
to the east. Consolidation of these two properties into one
zoning designation would make a more cohesive zoning boundary
for the block of properties bounded by Nisson Road to the east
and south, Red Hill Avenue to the west and the I-5 Freeway to
the north.
Source: Proposed Development Plans, General Plan, City of
Tustin Community Development Department.
Mitigation/Monitoring: The proposed development wi.ll be
required to comply with all requirements of the Tustin City
Code, which requires a conditional use permit for a drive-
through restaurant. Site developments meeting the
requirements of the Tustin City Code for the subject site,
including dedication of a portion of the property for Red Hill
Avenue street widening as required by the Engineering
Division, will be required as a condition of approval.
Natural Resources - A and B "No" - The proposed project would
result in the construction use of materials that are non-
renewable. However, the usage will be minimal given the scale
of the project. The applicant should consult with the various
utility companies which would provide service to the
development to incorporate energy conserving systems and
design features into the project. The Community Development
Department shall review plans to assure all buildings comply
with s~andards in Title 24 of the Uniform Building Code·
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005
November 8, 1994
Page 6
Source: Proposed Development Plans, City of Tustin Community
Development and Public Works Departments
Mitigation/Monitoring: Compliance with all provisions of
Title 24 shall be required prior to demolition and building
permit issuance as applicable.
10. Risk of Upset - A and B "No" - The proposed project would not
result in a significant risk of upset (i.e. explosion,
hazardous materials spill etc.) All mechanical and electrical
equipment associated with the facility would comply with
Uniform Building and Fire Codes.
Source: Proposed Development Plans, City of Tustin Community
Development Department
Mitigation/Monitoring: Ail construction shall be in
accordance with applicable Uniform Building and Fire Codes.
Such compliance shall be verified during the plan check
process prior to the issuance of any building permits. All
hazardous materials shall be handled and disposed of in
accordance with all Orange County Health Care Agency -
Environmental Health Division, and Orange County Fire
Department requirements.
11. Population - "No" - The proposed project is on a developed
property and is surrounded by commercial development. The
proposed development would not result in any direct increase
in population in that no additional dwelling units would be
created. This small scale project would be designed to meet
the needs o~. the existing residents and businesses of the
community. The project would have no impact on the location,
growth, distribution or density of the population in the
surrounding area.
Source: City of Tustin Community Development Department
Mitigation/Monitoring: None Required.
12. Housinq - "No" - The proposed project is on a developed
property and would not result in any direct increase in
population in that no additional dwelling units would be
created. This small scale project would be designed to meet
the needs of the existing residents and businesses of the
community. The project would have no impact on the location,
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94'025
and Zone Change 94-005
November 8, 1994
Page 7
growth, distribution or density of the population in the
surrounding area.
Source: City of Tustin Community Development Department
Mitigation/Monitoring: None Required.
13. Transportation/Circulation - B "Yes"; D and F "Maybe"; A, C
and E "No" - The development plans submitted to the City by
the applicant for the proposed project reflected the ultimate
right-of-way configuration of Red Hill Avenue and Nisson Road.
The site plan review and traffic analysis performed for this'
project were also based upon the ultimate configuration of the
site. As-the site is currently vacant, any new development
would generate incremental traffic impacts, which when
considered cumulatively, will impact the City's circulation
system in this area. The City's roadway system, as identified
in the Orange County MPAH (Master Plan of Arterial Highways)
and the City's General Plan Circulation Element, is designed
to accommodate traffic associated with the ultimate build-out
of the City of which this site is a part.
Red Hill Avenue is classified as. a major arterial in the
City's General Plan and in the Orange County MPAH. At its
current configuration of six lanes, Red Hill Avenue, in the
vicinity of this project, currently carries 37,600 vehicles
per day of which 20,600 are in the northbound direction
adjacent to this project's street frontage between Nisson Road
and the I-5 Freeway southbound on-ramp. Nisson Road is
classified as a local roadway in the City's General Plan
Circulation Element. Nisson Road adjacent to the proposed
project site currently carries 2,700 vehicles per day, and has
capacity to accommodate 10,000 vehicles per day.
· .
The critical'operational, time period for northbound Red Hill
Avenue traffic in this area is a four-hour time period each
day from 3:00 P.M. to 7:00 P.M. during the weekdays when this
section of the roadway carries approximately 7,500 vehicles.
In the P.M. peak-hour, 2,230 vehicles currently travel this
section of northbound Red Hill Avenue per hour. Based upon
current traffic timing for this area of Red Hill Avenue, the
City Engineering Division has determined the roadway has a
service capacity of approximately 2,380 vehicles per hour.
Since the existing traffic volume during the P.M. peak-hour is
2230 vehicles per hour, this indicates an existing highly
congested condition and a poor traffic level of service (94%
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005
November 8, 1994
Page 8
volume to capacity ratio), which has been verified by field
observations. As such, any increase in traffic during this
period will further deteriorate the roadway level of service
at this location. Based upon the traffic generation
comparison, submitted by the applicant, the proposed use will
generate approximately 110 vehicle trips in the A.M. peak-hour
and 75 vehicle trips in the P.M. peak-hour. The impact of the
proposed project P.M. peak hour traffic increases the volume
to capacity ratio in the northbound Red Hill Avenue direction
to 97%, further deteriorating the roadway level of service.
Since the proposed project is directly adjacent to this
section ..of Red Hill Avenue, the project traffic will
substantially impact the existing traffic conditions on Red
Hill Avenue.
The current right-of-way on Red Hill Avenue from the street
centerline varies from approximately 54 feet to 60 feet along
the property frontage. The ultimate right-of-way for Red Hill
Avenue in this vicinity is proposed to be located
approximately 81 feet from the centerline of Red Hill Avenue
along the property frontage. As a Major Arterial Highway, Red
Hill Avenue would include a physical roadway median, three
through travel lanes in each direction, left-turn lanes,
bicycle lanes, sidewalks on both sides of the street, and an
exclusive freeway right-turn access lane on the east side of
Red Hill Avenue between Nisson Road and the I-5 Freeway
southbound on-ramp.
Access to the site is proposed by the applicant from one
driveway on Nisson Road and one driveway on Red Hill Avenue
located approximately 40-feet north of Nisson Road and
approximately ll0-feet south of the I-5 (Santa Aha) freeway
southbound on-ramp. As such, any ingress/egress movements at
this driveway will impede northbound Red Hill Avenue traffic,
reduce roadway capacity in this area, and will create a
traffic safety problem. Due to the location of the proposed
Red Hill Avenue driveway and short spacing between signalized
intersections, use of this driveway will result in delay and
cause conflicts which increase traffic hazards and risks to
public safety. This access will compound the driving task
along this link of Red Hill Avenue by requiring the driver to
observe ingress and egress traffic at several points
simultaneously while maintaining control of the vehicle while
monitoring traffic ahead, behind and in adjacent lanes.
Utilization of the proposed Red Hill Avenue driveway will
adversely impact traffic movements onto the I-5 Freeway
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and 5one Change 94-005
November 8, 1994
Page 9
southbound on-ramp. Project traffic exiting the site at this
location will need to cross the exclusive right-turn lane for
the I-5 Freeway, which will inhibit traffic movements onto the
Freeway. At times when the I-5 Freeway on-ramp lane and the
travel lanes on Red Hill Avenue are stacked, vehicles exiting
this site will be forced to wait for traffic to clear and will
cause traffic to be stacked-up on site. This overlapping
maneuver area created by the Red Hill Avenue driveway causes
public safety risks for the project traffic as well as for the
traffic on Red Hill Avenue as many vehicles will attempt to
weave into and.across the traffic flow steam on Red Hill
Avenue to turn onto the I-5 Freeway northbound on-ramp, or to
travel ~straight on Red Hill Avenue. Traffic entering the
project si{e at the Red Hill Avenue driveway will also reduce
the traffic flow on Red Hill Avenue by reducing speed to
safely enter the project site. According to the Institute of
Transportation Engineers (I.T.E.), it has been determined that
the speed at whiCh a vehicle is able to leave the through lane
on an arterial roadway and safely enter a driveway has a
significant effect on the safety and operational efficiency of
a roadway.
Due to the volumes of traffic on Red Hill Avenue in this area,
the signalized intersections of Red Hill Avenue/Nisson Road,
Red Hill Avenue/I-5 Freeway southbound on-ramp, Red Hill
Avenue/I-5 Freeway northbound off-ramp, and Red Hill Avenue/E1
Camino Real are precisely coordinated to effectively and
efficiently move traffic through this area. These operational
characteristics will be inhibited by utilization of the
proposed project driveway as vehicles traveling northbound on
Red Hill Avenue will need to contend with an additional access
onto this already congested roadway lin}[. This will have the
effect of further degrading the existing traffic level of
service in this area.
When the initial service station and restaurant were approved
on this site in February 1969, traffic volume on Red Hill
AvenUe was approximately 16,300 vehicles per day. Red Hill
Avenue then functioned as a four-lane arterial with two
through lanes in each direction along the subject property.
The February 1969 approval included two forty-foot driveways
on Red Hill Avenue due to the minimal disruption of traffic
progression and lack of traffic congestion at that time.
When the I-5 Freeway was improved in the late 1980's and early
1990's, .Caltrans purchased the rights to one of the project
driveways (closest to the I-5 Freeway southbound on ramp) on
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005
November 8, 1994
Page 10
Red Hill Avenue, and replaced the other Red Hill Avenue
driveway, which is consistent with Caltrans' policy for
replacing infrastructure that is disrupted by Caltrans'
projects. As traffic volumes increased throughout the years
and the subject site was no longer occupied, the City waited
for a development project prior to requesting closure of the
remaining driveway on Red Hill Avenue.
If the proposed Red Hill Avenue driveway were not available
for use, traffic operations and vehicular movements in this
area would be substantially enhanced and traffic safety
hazards associated with this site's access would be
eliminated. ~owever, the threat to public safety associated
with the subject driveway will be minimized with the
additiona'l Red Hill Avenue right-of-way and construction of
ultimate improvements.
As previously stated, without the additional right-of-way on
Red Hill Avenue, the incremental increases in traffic
generated and the location of the driveway proposed by the
applicant for the proposed project would have negative impacts
on Red Hill Avenue. The proposed roadway widening will
enhance the vehicular operations on Red Hill Avenue and
improve traffic flow at the Red Hill Avenue/Nisson Road and
Red Hill Avenue/I-5 Freeway southbound on-ramp intersections,
thereby reducing traffic congestion. The dedication of right-
of-way and the City's commitment to provide construction of
the public improvements on Red Hill Avenue would constitute
the applicant's rough proportionate responsibility as the
individual or cumulative significant impacts causing risks to
public safety that would otherwise result from the proposed
project would be reduced to an acceptable level.
The current value of the public improvements on Red Hill
Avenue' is estimated to be $132,000.00 along the .proposed
project frontage. These cost'estimates include the relocation
of traffic signals and equipment; relocation of utilities;
construction of concrete curb and gutter, concrete sidewalk,
asphalt pavement, concrete commercial driveway approach;
installation of signing and striping; normal construction
contingencies; design engineering and construction contract
administration. It is estimated that right-of-way acquisition
costs for the proposed dedication area along Red Hill Avenue
is approximately $107,000.00. It should be noted that the
total value of the City's improvements exceeds the estimated
value of the required right-of-way. In addition, once the City
improvements are constructed, the property owner could
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone. Change 94-005 i .~
November 8, 1994
Page 11
potentially realize an increase in the value of the subject
property.
Source: City of Tustin Public Works Department, submitted
Project Traffic Generation Comparison, proposed Development
Plans.
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
ae
The applicant shall be required to enter into a
Development Agreement with the City for the dedication of
a street right-of-way and the construction of street
~improvements along the Red Hill Avenue frontage of the
project site to 81.00 feet easterly of the street
centerline along with corner cut-offs at~Nisson Road and
the southbound on-ramp to the I-5 Freeway.. Said
dedication shall be made as a condition of rezoning said
property. The diagonal lines for the cut-offs shall
align with the BC/EC (beginning of curb return/end of
curb return) of the future curb returns.
The applicant shall be required to construct an exclusive
freeway right turn access lane on the east side of Red
Hill Avenue between Nisson Road and the I-5 Freeway
southbound on-ramp prior to issuance of Certificate of
Occupancy. The costs for the construction of the
required street improvements will be paid by the City
through the execution of a reimbursement agreement with
the applicant.
Ce
A separate 24" by 36" street improvement plan, as
prepared by a California Registered Civil Engineer, would
be required for all construction'within the public righ~-
of-way. In addition, a separate 24" by 36" reproducible
construction traffic control plan, as prepared by a
California Registered Traffic Engineer or Civil Engineer
experienced in this type of plan preparation would be
required.
14. Public Services - A and B "Maybe", C throuqh F "No" - Since
the project site is vacant, any development would require the
services of the Fire and Police Departments. The City of
Tustin Police Department has identified the need for
visibility into the site for security measures and the need to
reduce the opportunities for graffiti and vandalism. The
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005
November 8, 1994
Page 12
applicant has proposed to provide large windows on the public
facades of the building, and landscape planting areas adjacent
to exposed wall areas to reduce the opportunities for graffiti
and vandalism.
The services of the Orange County Fire Department would also
be required in the establishment of the service station
operation and in responding to potential calls for fire
extinguishing.
It is not expected that the project would create significant
demands for additional service on schools, parks, maintenance
of public facilities or other governmental service.
Source: orange County Fire Department, City of Tustin Police
Department, Community Development and Public Works Departments
Mitigation/Monitoring: The project landscape and grading
shall be designed to provide security surveillance into the
project. Adequate lighting and window and door hardware shall
be provided in conformance with the City's Security Ordinance
to deter vandalism and theft. The development plans shall be
verified for compliance at Building Permit plan check.
15. Energy - A and B - "No" - The proposed project would not
result in any "significant" change in the current use of
energy given the scale of new development but will require the
renewal of services since the site is vacant. Electrical and
Gas capacities required for the project are existing and have
been designed to accommodate commercial projects on this
parcel and are therefore adequate to serve the proposed
project. The applicant shall comply with Title 24 in regard
to energy conservation..This shall be verified for compliance
at Building Permit plan check.
-.
Source: Public Works Department, proposed Development Plans.
Mitigation/Monitoring: None Required.
16. Utilities - A throuqh F - "No" - The project site is located
within an existing commercial area with all utilities
available to the site. Sanitary sewer, storm drain and water
capacities required for the project are existing and have been
designed to accommodate commercial projects on this parcel,
such as the previous service station facility and previous
restaurant facility, and are therefore adequate to serve the
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and' Zone Change 94-005 ....
November 8, 1994
Page 13
proposed project. The proposed project would not require the
need for additional utilities to serve the site.
Source: City of Tustin Public Works Department
Mitigation/Monitoring: None Required.
17. H%~man Health - A and B - "No" - The proposed use as a drive-
through restaurant facility would not create conditions that
negatively affect human health.
Source: Proposed Development Plans, City of Tustin community
Development Department, Orange County Fire Department, Orange
County~Health Department.
Mitigation/Monitoring: The following mitigation measures
would be required to be satisfied prior to issuance of any
building permits for the project:
18. Solid Waste - "Yes" - Demolition of the existing structure on
the site would create solid waste that must be disposed of
prior to construction. The applicant is required to contract
with the City's contract hauler for demolition and
constrUction debris. Furthermore, since the site is currently
vacant, any new project would generate additional solid waste
requiring disposal by the City. The applicant proposes to
provide a trash receptacle of sufficient capacity to
accommodate the proposed restaurant with drive-through
service. Pursuant to the City of Tustin Municipal Code, the
applicant is required to contract for trash removal services
with the City's contracted hauler. The solid waste product is
transporte~ by the hauler to the Material Recovery Facility
(MRF). Once at the M]RF, the waste is manually and
mechanically separated and the recyclable materials are
recovered. This program has been implemented by the City in
effort to meet the States requirements identified in the
Source Reduction and Recycling Element related to the 25 and
50 percent diversion requirements.
Hazardous wastes such as waste oil shall be disposed of in
accordance with the requirements of the Orange County Health
Care Agency - Environmental Health Division, and the Orange
County Fire Department.
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005
November 8, 1994
Page 14
Due to the size and the type of use of the proposed project,
it is anticipated that the amount of solid waste will be
accommodated within.the City's existing solid waste handling
programs and will not have a significant impact on the City's
Solid Waste Handling services. The City's existing solid waste
handling program and contracts have been established to
accommodate the development and expansion of new businesses
within the City.
Source: Proposed Development Plans, City of Tustin Public
Works Department, City of Tustin Building Division, Orange
County Health Care Agency - Environmental Health Division,
Great Western Reclamation, Inc.
Mitigation/Monitoring: The applicant will be required to
contract for a fee with the City' contracted solid waste
hauler. The applicant shall provide a trash receptacle which
comply with the requirements of the City of Tustin's contract
hauler's specifications. All hazardous wastes shall be
disposed of in accordance with the requirements of the Orange
County Health Care Agency - Environmental Health Division, and
Orange County Fire Department. Compliance shall be verified
at Building Permit plan check. The applicant shall also
submit written evidence that a corrective action plan has been
submitted to the Orange County Health Care Agency -
Environmental Health Division.
19. Aesthetics - "No" - As proposed, the restaurant and drive-
through facility would consist of an approximately 989 square
foot building, a drive-through aisle, 27 on-site parking
spaces, a trash enclosure, one monument sign, one freeway
oriented pole sign, a menu board, and landscaped planting
areas. The proposed architecture, materials and Colors, match
the ex~sting car wash structure on the adjacent property to
the east. The.proposed landscaping materials, quantities and
installation would meet the City of Tustin Landscape and
Irrigation Standards.
Source: Proposed Development Plans, Field observations,
Community Development Department.
Mitigation/Monitoring: None required, however, conditions
related to the architecture, materials, colors, landscaping
and site modifications would be included to ensure that the
facility does not negatively affect the existing surrounding
neighborhood. Compliance with all conditions shall be
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005 ~
November 8, 1994
Page 15
verified during the plan check process prior to the issuance
of any building permits.
20. Recreation - "No" - The project is non-residential in nature
and is not located in proximity to recreational facilities.
It will have no impact on quality of recreation opportunities
in the community.
source: City of Tustin Community Services Department, City of
Tustin General Plan Land Use Element.
Mitigation/Monitoring: None Required.
21. Cultural Resources - A Through D "No" - The subject property
is not located within the City's Cultural Resources Overlay
District, nor are there any identified cultural, historic or
archaeological resources identified on or around the site.
The project will have no impacts on cultural resources.
source: City of Tustin Historical Resources Survey, City of
Tustin Community Development Department
Mitigation/Monitoring: None Required.
22. Mandatory Findings of Siqnificance- As discussed above, the
proposed project involves demolition of an existing structure,
and construction of a restaurant with a drive-through lane.
The establishment of the proposed project could result in
potential impacts to the environment in the areas of earth,
air, water, noise, light and glare, risk of upset,
transportation and circulation, public services, solid waste
and aesthetics. However, due to the project design and
conditions imposed, the potential impacts would be reduced to
a level of insignificance.
Item a - "No":-.-Based upon the responses to Items 1 - 21 in
this Initial Study, the review of City files, records and
documents and the nature of the project, the project is not
anticipated to significantly impact wildlife, .fish, flora,
fauna or cultural resources.
Item b - "No": As designed and conditioned, the project would
not achieve short-term goals to the disadvantage of long-term
environmental goals, specifically with regard to traffic and
circulation, aesthetics and light and glare.
Discussion of Environmental Evaluation
Conditional Use Permit 94-016, Design Review 94-025
and Zone Change 94-005
November 8, 1994
Page 16
Item c - "No:" In reference to the project background
discussion ~provided herein, the project will have limited
impacts cumulatively.
Item d - "No": As a result of the preparation of and as
discussed in this Initial Study, mitigation measures have been
identified and have either been implemented in the project's
design or will become Conditions of Approval. Any possible
impacts associated with this project have been mitigated to a
level of insignificance.
Sources: Ail sources listed in items 1 - 21 of this Initial
Study, Submitted development plans, Applicable City and State
Codes.
Mitigation/Monitoring: As stated above, mitigation measures
have been identified in Items 1 - 21 of this Initial Study and
have either been implemented in the project's design or will
become Conditions of Approval.
8CS: bt/cup94 - 016. env
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RESOLUTION NO. 94-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CERTIFYING THE FINAL NEGATIVE DECLARATION
AS ADEQUATE FOR ZONE CHANGE 94-005 INCLUDING.
REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A·
The request to approve Zone Change 94-005 is
considered a "project" pursuant to the terms of the
California Environmental Quality Act.
·
A Negative Declaration has been prepared for this
project and has been distributed for public review.
C ·
Whereby, the Planning Commission and City Council
of' the City of Tustin have considered evidence
presented by the Community Development Director and
other interested parties with respect to the
subject Negative Declaration.
D .
The Planning Commission and City Council have
evaluated the proposed final Negative Declaration
and determined it to be adequate and complete.
II. A Final Negative Declaration has been completed in
compliance with CEQA and State guidelines. The City
Council, having final approving authority over Zone
Change 94-005, has received and considered the
information contained in the Negative Declaration, prior
to approving the proposed project, and found that it
adequately discussed the environmental effects of the
proposed project. The City Council has found that the
project involves no potential for an adverse effect,
either individually or cumulatively, on wildlife
resources and makes a De Minimis Impact Finding related
to AB3155, Chapter 1206, Statutes of 1990. On the basis
of the initial study and comments received during'the
public review process, the City Council has found that,
the proposed projects would not have a significant effect
on the environment.
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Resolution No. 94-137
Page 2
PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 5th day of December, 1994.
THOMAS R. SALTARELLI
MAYOR
MARY E. WYNN,
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
CERTIFICATION FOR RESOLUTION NO. 94-137
MARY E. WYNN, 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. 94-137 was duly and regularly
introduced, passed, and adopted at a regular meeting of the
Tustin City Council, held on the 5th day of December, 1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
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ORDINANCE NO. 1144
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-005, A
REQUEST TO AUTHORIZE a ZONE CHANGE OF THE PROPERTY
LOCATED AT 14042 RED HILL AVENUE FROM RETAIL
COMMERCIAL (C-i) DISTRICT TO COMMERCIAL GENERAL
(CG) DISTRICT·
The City Council of the City of Tustin does hereby ordain as
follows:
I. The City Council finds and determines as follows:
A·
That Zone Change 94-005 was submitted by Francher
Development Services on behalf of the property
owners, Thaddeus J. Moriarty Jr. and James G.
White, for consideration.
S ·
That a public hearing was duly noticed, called and
held on said application by the Planning Commission
on November 28, 1994 and by the City Council on
December 5, 1994.
C .
That the project will not have a significant effect
on the environment as conditioned, and a Negative
Declaration has been prepared pursuant to the
provisions of the California Environmental Quality
Ac~.
D ·
That the proposed Zone Change to Commercial General
(CG) District is consistent with all elements of
the Tustin Area General Plan, and in particular the
Land Use Element which designates this property
Community Commercial (CC), which would accommodate
a broad range of commercial uses and development.
That the proposed Zone Change to CG is in the best
interest of the public health, safety and welfare
of the surrounding area in that the proposed zoning
district designation of CG is compatible with
commercial uses ~urrounding the devel-opment.
That the proposed Zone Change to CG is in the best
interest of the public health, safety and welfare
of the surrounding area in that the proposed zoning
district deSignation of CG is compatible with
commercial uses situated adjacent to the freeway.
G ·
That the proposed Zone Change to CG would eliminate
a small single parcel C-1 zoning designation island
thereby creating a larger, more logical and
cohesive CG zoning designation with the adjacent
parcel located at 1501 Nisson Road.
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Ordinance No. 1144
Page 2
II. The City Council hereby approves Zone Change 94-005
changing the zoning designation of the property located
at 14042 Red Hill Avenue, from Retail Commercial (C-i)
District to General Commercial (CG) District as shown on
Exhibit A, attached hereto, and subject to conditions
contained in Exhibit B, attached hereto.
PASSED AND ADOPTED by the City Council of the City of Tustin
at a regular meeting held on the 5th day of December, 1994.
THOMAS R. SALTARELLI
MAYOR
MARY E. WYNN,
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1144
MARY E. WYNN, 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. 1144 was duly and regularly introduced, passed,
and adopted at a regular meeting of the Tustin City Council,
held on the 5th day of December, 1994.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER:ABSENT:
MARY E. WYNN
City Clerk
EXHIBIT A
ZONE CHANGE 94-005
14042 RED HILL AVENUE
ASSESSOR PARCEL NO. 432-402-04
REZONE PROPERTY FROM C-1 (RETAIL COMMERCIAL)
TO CG (COMMERCIAL GENERAL)
,~N~ F, gEE-~'X' .................
NORTH
SCALE: 1"= 100'
AREA AFFECTED BY ZONE CHANGE
EXHIBIT B
ZONE CHANGE 94-005
CONDITIONS OF APPROVAL
ORDINANCE NO. 1144
GENERAL
(1) 1.1 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to Planning Commission
review of subsequent land use applications.
(1) 1.2 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities arising out of
the City's approval of the entitlement process for this
project.
(2) 1.3 Prior to the subject Zone Change becoming effective, the
(5) applicant shall be required to enter into an Agreement
with the City for: A) the dedication of required right- .
of-way along the Red Hill Avenue frontage, including the
corner cut off at Nisson Road; and B) the'construction of
ultimate improvements along the Red Hill Avenue frontage
and northeast corner of Nisson Road prior to issuance of
any Certificate of Occupancy, with reimbursement of said
construction costs to the applicant by the City. The
diagonal lines for the cut-offs shall align with the
BC/EC (beginning of curb return/end of curb return) of
the future curb returns.
**** 1.4 Within forty-eight (48) hours of approval of the
subject (5)project, the applicant shall deliver to
the Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of $25.00
(twenty five dollars) pursuant to AB 3158, Chapter 1706,
Statues of 1990, to enable the City to file the'Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15075. If
within such forty-eight (48) hour period that applicant
has not delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall be considered automatically null and
void.
SOURCE CODES
(1) STAi~DARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODE/S
(4) DESIGN REVIEW
**** EXCEPTION
(5) RESPONSIBLE AGENCY REQUIREMENT
(6) LANDSCAPING GUIDELINES
(7) PC/CC POLICY
(8) MUNICIPAL CODE