HomeMy WebLinkAbout01 CUP 2017-22 DOMESTIC CAT BOARDING DAYCARE FACILITY . AGENDA REPORT
ITEM #1
MEETING DATE: JANUARY 8, 2018
TO: ZONING ADMINISTRATOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CONDITIONAL USE PERMIT 2017-22
APPLICANT: PROPERTY OWNER:
SEAN AND SHANA MARTIN PLAZA LAFAYETTE INVESTORS
1044 E. CHESTNUT AVENUE C/O REMARC MANAGEMENT, INC.
ORANGE, CA 92867 24800 CHRISANTA DRIVE, SUITE 130
MISSION VIEJO, CA 92691
LOCATION: 13031 NEWPORT AVENUE
GENERAL PLAN: COMMUNITY COMMERCIAL (CC)
ZONING: RETAIL COMMERCIAL (C-2)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1)
PURSUANT TO SECTION 15301 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST: TO ESTABLISH AND OPERATE A DOMESTIC CAT
BOARDING/DAYCARE FACILITY
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Zoning Administrator
January 8, 2018
CUP 2017-22
Page 2
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action 18-001 approving
Conditional Use Permit (CUP) 2017-22 to operate a domestic cat boarding/daycare facility
within an existing tenant space located at 13031 Newport Avenue.
APPROVAL AUTHORITY
An animal kennel/daycare is conditionally permitted pursuant to Use Determination
(ZAA 16-002) issued on May 16, 2017 by the Director of Community Development
pursuant to Tustin City Code (TCC) Section 9298(b). Certain CUP requests as stated in
TCC Section 9299 (b)(3)(f), including Minor CUPs for existing development where there
would be no change of primary use, no expansion of floor area and the request would
not alter the original intent of the project or site shall be considered by the Zoning
Administrator.
BACKGROUND
Site and Surrounding Properties
The project site is located in an existing large commercial/retail development located at.
Newport Avenue Irvine Boulevard, also known as Plaza Lafayette. The property is zoned
Retail Commercial General (C-2) and is subject to the development standards contained
within the C-2 zone within the TCC. In addition, the property is designated as Community
Commercial (CC) within the General Plan Land Use Map.
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Zoning Administrator
January 8, 2018
CUP 2017-22
Page 3
Plaza Lafayette is bounded by Newport Avenue to the east, Irvine Boulevard to the south,
a retail and office complex to the west, and an apartment complex located outside of the
City boundary to the north.
DISCUSSION
Project Description
The applicant has applied for an approval to operate a luxury domestic cat
board ing/daycare facility. The site is currently improved with a retail/commercial center
consisting of four (4) separate buildings. The proposed tenant space is located
immediately above the Banc of California toward the center of Plaza Lafayette (See
Site Plan, Figure 1). The second floor currently contains 4,100 square feet and is
proposed to be subdivided into two tenant spaces through tenant improvements by the
property owner. The applicant's space would consist of 1,440 square feet (See
Proposed Floor Plan, Figure 2).
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Site Plan
Zoning Administrator
January 8, 2018
CUP 2017-22
Page 4
Conditional Use Permit
The proposed tenant will be Club Cat, whose goal is to provide a service to cat owners
by offering an alternative to traditional kenneling and provide an "upscale home away
from home" for cats that focuses on providing a "loving, spacious, comfortable, safe, low
stress, and clean environment while their owners are away". Club Cat will also provide
a small retail space within the lobby which will sell grooming supplies, toys, clothes, gift
items and other cat-related items.
Club Cat would provide twenty (20) "suites" that would house up to forty (40) cats at any
given time. There would be a maximum of two (2) employees per shift. The applicant
indicates that it will take the following actions to maintain cleanliness and prevent odors:
• Clean litter boxes twice per day
• Replace litter every other day
• Use air purifiers and air conditioning to maintain clean air
• Use non-toxic, eco-friendly, veterinarian grade cleaning solvents
• Wash bedding and feeding dishes daily
All activities will take place inside the tenant space. Domestic cats would be delivered
to the Cat Club via a pet carrier to avoid concerns about pet waste or any other debris.
The proposed business hours are as follows:
Day Business Hours
Monday- 7:00 a.m. — 9:00 p.m.
Sunda
Typically, the business will not be open to the public on Sunday; however, the applicant
indicates that a staff member will be present during morning and evening hours to care for
cats that are boarded overnight and to take in the occasional cat that may arrive on a
Sunday for boarding.
As proposed, the cats would be boarded in enclosed suites with same-family cats if there
are multiple cats in a given suite. The cats would be secured within their suites overnight.
Web cameras will be placed within each suite and owners will have twenty-four (24)-hour
access to the camera for their cat's suite. The applicant indicates that in addition to this
monitored security, they will also have fire and temperature control alarms so that they are
notified immediately if there are any issues. Emergency contact information will be
provided to owners so that they can reach the business twenty-four (24) hours per day if
they view anything on the web camera that causes them concern. In addition, the
business will have emergency contact for the cat's veterinarian as well as maintain a
relationship with a back-up veterinarian in case of emergency.
The business will be divided up into the main lobby for check-in/out and retail items, an
employee room with a washing machine, dishwasher, refrigerator and storage, and
three rooms devoted to cat "suites" as indicated in the proposed floor-plan, below. The
Zoning Administrator
January 8, 2018
CUP 2017-22
Page 5
total tenant space will be 1,440 square feet and will be created by subdividing the
current 4,100 square-foot second floor of the building.
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Proposed Floor Plan
Parking
Pursuant to the TCC Section 9263 Table 1 , the kennels and animal boarding uses
require three (3) parking spaces based on the ratio of one (1) parking space for every
500 square feet of gross floor area. The tenant space is located within Plaza Lafayette,
a large retail center of 46,888 square feet. TCC Section 9263, Table 1 , requires 4.5
spaces per 1 ,000 square feet for a large retail center, or a total of 211 spaces. The
center has 229 spaces and will adequately provide parking for all uses, including the
proposed domestic cat overnight board ing/dayca re use.
The Public Works Department reviewed the project and had no concerns regarding
traffic generated by the proposed use.
Zoning Administrator
January 8, 2018
CUP 2017-22
Page 6
Noise
Based on other similar uses in the City and conditions proposed for the project, the
proposed use is not expected to violate the City's Noise Ordinance. As conditioned,
exterior doors are required to remain closed to minimize odor and noise impacts to
surrounding tenants and all animals shall be kept within an enclosed, air conditioned,
soundproof structure.
FINDINGS
In determining whether to approve the CUP for the proposed domestic cat overnight
boarding/day care business at 13031 Newport Avenue, the Zoning Administrator must
consider that the establishment, maintenance, and operation of the proposed use will not,
under the circumstances of this case, be detrimental to the health, safety, morals, comfort,
or general welfare of the persons residing or working in the neighborhood of such
proposed use, nor be injurious or detrimental to the property and improvements in the
neighborhood of the subject property, or to the general welfare of the City of Tustin which
is encapsulated in the following findings:
1. The proposed use, as conditioned, would not be detrimental to the surrounding
properties in that the use would occur entirely within an existing commercial
building. The number of clients, hours or operation, and type of business are
consistent with other businesses within the center.
2. The proposed use would not have a detrimental effect on the public health,
safety, and general welfare of the community in that the proposed business
would care for domestic cats when their owners require boarding or daycare
and promote the well-being of these animals within the community.
3. The project would be conditioned to comply with the Tustin Noise Ordinance
and General Plan Noise Element.
4. The proposed business hours are 7:00 AM to 9:00 PM, daily, which is consistent
with the hours of operation for other uses in the area.
5. As conditioned, the proposed domestic cat overnight boardingldaycare would
have minimal impact to the immediate and surrounding area in that the facility is
required to promptly and appropriately dispose of any animal waste, comply with
the Tustin Noise Ordinance, maintain clean exterior and interior areas and, other
than drop off and pick up, confine operations to inside the building.
6. The required parking for the proposed use can be accommodated on the
subject site and as -a result, there would be negligible impact to the other
existing commercial uses.
Zoning Administrator
January 8, 2018
CUP 2017-22
Page 7
7. The project proposes interior tenant improvements only and will not have an
impact on the center's exterior.
8. The Tustin Police Department and Public Works Department have reviewed the
application and have no immediate concerns.
Staff recommends that the Zoning Administrator adopt Zoning Administrator Action No.
18-001 approving Conditional Use Permit (CUP) 2017-22 to establish a domestic cat
overnight boarding/daycare facility, located within an existing tenant space at 13031
Newport Avenue in Plaza Lafayette.
Elaine Dove, AICP, RLA
Senior Planner
Attachments; A. Location Map & Land Use Fact Sheet
B. Submitted Plans
C. Inspirational Photographs
D. Zoning Administrator Action No. 18-001
ATTACHMENT A
Location Map & Land Use Fact Sheet
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Location Map
13030 Newport Avenue
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): CUP 2017-22
2. LOCATION: 13031 Newport Avenue. (13011-13051 Newport Avenue)
3. LOT: BLOCK: TRACT: Legal Description: See Attached
4. APN(S):401-221-16 (13,086 SF), 401-221-25(113,753 SF), 401-271-46 (14,370 SF),401-281-
10(43,560 SF)
5. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY:
CUP 95-01 9/Variance 95-011: Microbrewery and Reduction of Parking (327 to 241 spaces):
CUP 00-016: Onsite Beer&Wine sale/consumption (Tustin Brewing Co.)
CUP 03-005: (Reso 3867) Ceramics Retail Store w/Accessory Painting Classes/Parties
CUP 03-014 (Reso 3882) Veterinary Clinic
CUP 04-021: (Reso 3930) Amendment to Sign Program
CUP 05-040 (Reso 4012) Birthday Party Business
CUP 06-021 (ZAA 06-009- Pet Store
CUP 08-016: (ZAA 08-009)- Massage
CUP 10-010 (ZAA 10-011 -- ABC in conjunction w/Restaurant(Lost Bean)
DR 10-020 Wireless facility—light post replacement
UD 2011-001 (Art Studio allowed in C2 zone)
6. SURROUNDING LAND USES:
NORTH: Residential SOUTH (Acrass Irvine Blvd.):Commercial Office Building
EAST: Commercial Center WEST: Commercial Center and Office Buildings
7. SURROUNDING ZONING DESIGNATION:
NORTH: City Boundary 1 Multi-family Residential
SOUTH: C-1 (Retail Commercial District)
EAST: Across Newport Avenue: C-1 (Retail Commercial District)
WEST: PR(Professional District),
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: Not Applicable
SOUTH: Community Commercial (CC)
EAST: (Community Commercial (CC)
WEST: Professional Office (PO)
9. SITE LAND USE:
EXISTING PROPOSED
Use: Commercial No Change
Zoning: Retail Commercial (C-2) No Change
General Plan: Community Commercial (CC) No Change
DEVELOPMENT FACTS:
10. LOT AREA: 184,769 S.F. or 4.24 ACRES
11. BUILDING LOT COVERAGE: 100% MAX. PERMITTED NIA PROPOSED
12. SITE LANDSCAPING: NIA REQUIRED NIA PROPOSED
13. OPEN SPACE: NIA REQUIRED NIA PROPOSED
14. PARKING: 229 on-site spaces NIA PROPOSED
not including Vacant Restaurant Space-42
15. BUILDING HEIGHT: 50 feet MAX. PERMITTED NIA PROPOSED
16. BUILDING SETBACKS: NIA(Existing) NIA(Existing)
17. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY(I.E. SPECIAL STUDY_
ZONES, EASEMENTS, ETC.) . -NIA(Existing)
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ATTACHMENT B
Submitted Plans
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COMMUNITY DEVELOPMENT
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ATTACHMENT D
Zoning Administrator Action No. 18-009
ZONING ADMINISTRATOR ACTION 18-001
CONDITIONAL USE PERMIT 2017-22
13031 NEWPORT AVENUE
The Zoning Administrator of the City of Tustin does hereby resolve as follows:
1. The Zoning Administrator finds and determines as follows:
A. A proper application for a Conditional Use Permit (CUP) was filed by Sean
and Shana Martin requesting authorization to establish a domestic cat
overnight boarding and daycare facility located at 13031 Newport Avenue.
B. The site is designated as Community Commercial by the City General Plan
and is zoned Retail Commercial (C-2), which provides for the orderly
development of commercial areas through a wide variety of goods and
services that are compatible with surrounding uses. The project is
consistent with the Air Quality Sub-element of the City of Tustin General
Plan.
C. The site is currently improved with an existing large commercial/retail
center(46,888 square feet) that is comprised of four separate buildings.
D. That pursuant to Use Determination (UD) 2016-001 (Zoning Administrator
Action (ZAA) 16-002) issued May 16, 2017, an animal kennel/daycare use
is determined to be a commercial use similar to other commercial uses
related to animals such as animal hospitals or clinics and pet shops which
are conditionally permitted within the Retail Commercial (C1), Central
Commercial (C2) and Commercial General (CG) zoning districts.
However, commercial animal uses may have negative impacts such as
animal waste, noise and odor if not maintained properly. As a conditionally
permitted use, the effect upon traffic, public health, safety and general
welfare of the neighborhood involved is to be considered on a case by
case basis.
E. CUP requests as stated in Section 9299 (b)(3)(f), including Minor CUPs
for existing development where there would be no change of primary use,
no expansion of floor area and the request would not alter the original
intent of the project or site, shall be considered by the Zoning
Administrator.
F. That a public hearing was duly called, noticed, and held for CUP 2017-22
on January 8, 2018, by the Zoning Administrator.
G. That the establishment, maintenance, and operation of the proposed use
will not, under the circumstances of this case, be detrimental to the health,
safety, morals, comfort, or general welfare of the persons residing or
Zoning Administrator Action 18-001
CUP 2017-22
Page 2
working in the neighborhood of such proposed use, nor be injurious or
detrimental to the property and improvements in the neighborhood of the
subject property, or to the general welfare of the City of Tustin in that:
1. The proposed use, as conditioned, would not be detrimental to
the surrounding properties in that the use would occur entirely
within an existing commercial building. The number of clients,
hours or operation, and type of business are consistent with
other businesses within the center.
2. The proposed use would not have a detrimental effect on the
public health, safety, and general welfare of the community in
that the proposed business would domestic cats while their
owners require day care or boarding and promote the well-being
of animals within the community.
3. The project would be conditioned to comply with the Tustin
Noise Ordinance and General Plan Noise Element.
4. The proposed business hours are .7:00 AM to, 9:00 PM, daily,
which is consistent with the hours of operation for other uses in
the area.
5. As conditioned, the proposed domestic cat overnight
boardingldaycare would have minimal impact to the immediate
and surrounding area in that the facility is required to promptly
and appropriately dispose of any animal waste, comply with the
Tustin Noise Ordinance, maintain clean exterior and interior
areas and confine operations to inside the building.
6. The required parking for the proposed use can be
accommodated on the subject site and as a result, there would
be negligible impact to the other existing commercial uses.
7. The project proposes interior tenant improvements only and will
not have an impact on the center's exterior.
8. The Tustin Police Department and Public Works Department
have reviewed the application and have no immediate concerns.
H. This project is Categorically Exempt pursuant to Section 15301 (Class 1-
Existing Facilities) of the California Code of Regulations (Guidelines for the
California Environmental Quality Act).
II. The Zoning ,Administrator hereby approves Zoning Administrator Action No. 18-
001 approving CUP 2017-22 to establish a domestic cat overnight
Zoning Administrator Action 18-001
CUP 2017-22 .
Page 3
boardingldaycare facility, located within an existing tenant space at 13031
Newport Avenue in Lafayette Plaza.
PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular
meeting on the 8th day of January, 2018.
ELIZABETH A. BINSACK
ZONING ADMINISTRATOR
VERA TISCARENO
EXECUTIVE ASSISTANT
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator
Secretary of the City of Tustin, California; that Zoning Administrator Action 18-001 was
duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held
on the 8th day of January, 2018.
VERA TISCARENO
EXECUTIVE ASSISTANT
EXHIBIT A
POTENTIAL CONDITIONS OF APPROVAL
CUP 2017-22
13031 NEWPORT AVENUE
GENERAL r
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped January 8, 2018, on file with the Community
Development Department, as herein modified, or as modified by the Director of
Community Development in accordance with this Exhibit. The Director of
Community Development may also approve subsequent minor modifications to
plans during plan check if such modifications are consistent with provisions of
the Tustin City Code.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with prior, to issuance of building permits, subject to review and
approval by the Community Development Department.
(1) 1.3 This approval shall become null and void unless the use is established within
twelve (12) months of the date of this Exhibit. Time extensions may be granted
if a written request is received by the Community Development Department
within thirty(30) days prior to expiration.
(1) 1.4 Approval of Conditional Use Permit 2017-22 is contingent upon the applicant and.
property owner signing and returning to the Community Development Department
a notarized "Agreement to Conditions Imposed" form and the property owner
signing and recording with the County Clerk-Recorder a notarized "Notice of
Discretionary Permit Approval and Conditions of Approval' form. The forms shall
be established by the Director of Community Development, and evidence of
recordation shall be provided to the Community Development Department.
(1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an
Administrative Citation pursuant to Tustin City Code Section 1162(a).
(1) 1.6 Conditional. Use Permit 2017-22 may be reviewed on an annual basis, or more
often if necessary, by the Community Development Director. The Community
Development Director shall review the use to ascertain compliance with
conditions of approval. If the use is not operated in accordance with Conditional
Use Permit 2017-22, or is found to be a nuisance or negative impacts are
affecting the surrounding tenants or neighborhood, the Community Development
Director shall impose additional conditions to eliminate the nuisance or negative
impacts, or may initiate proceedings to revoke the Conditional Use Permit..
Conditions of Approval
Exhibit A
CUP 2017-22
Page 2
(1) 1.7 As a condition of approval of Conditional Use Permit 2017-22, the applicant shall
agree,.at its sole cost and expense, to defend, indemnify, and hold harmless the
City, its officers, employees, agents, and consultants, from any claim, action, or
proceeding brought by a third party against the City, its officers, agents, and
employees, which seeks to attack, set aside, challenge, void, or annul an
approval of the City Council, the Planning Commission, or any other decision-
making body, including staff, concerning this project. The City agrees to promptly
notify the applicant of any such claim or action filed against the City and to fully
cooperate in the defense of any such action. The City may, at its sole cost and
expense, elect to participate in the defense of any such action under this
condition.
(1) 1.8 The applicant shall be responsible for costs associated with any necessary code
enforcement action, including attorney's fees, subject to the applicable notice,
hearing, and appeal process as established by the City Council by ordinance.
(1) 1.9 Approved uses shall operate within all applicable State, County, and the Tustin
City Code.
USE'RESTRICTIONS
(1) 2.1 All cats shall be boarded within the building, except for movement to and from
the owner's vehicle. Business operations may not cause or lead the animals
to defecate outside of the. premises.
(1) 2.2 All animals shall be kept within an enclosed, air conditioned, sound-proof
structure. The building shall be designed so that no odors will be discernable
outside the building. Exterior doors shall remain closed at all times, except as
needed for ingress and egress.
(1) 2.3 Prior to final occupancy, applicant shall provide after-hours emergency contact
information for business owners and/or other responsible party to the
Community Development Director.
(1) 2.4 The facility must remain a cat overnight boarding and daycare facility.
Business operations shall be conducted in a manner that does not create a
public or private nuisance. If in the future the City determines that the use is
found to be a nuisance or negative impacts occur, the Community
Development Director may impose additional conditions to eliminate the
nuisance or negative impacts, or may initiate proceedings to revoke the
Conditional .Use Permit.
(1) 2.5 If a noise or parking problem is observed by a representative of the City, the
applicant shall submit a study prepared by a professional noise or traffid
engineer and perform or install interim and permanent mitigation measures.
Conditions of Approval
Exhibit A
CUP 2017-22
Page 3
(1) 2.6 The number of overnight cats that may be boarded overnight shall not exceed
the number of kennel facilities as approved on plans submitted herewith. Any
changes to the facilities and/or operation of the facility shall be approved by
the Community Development Department-prior to implementation.
(1) 2.7 The business owner shall properly remove cat waste on a daily or more
frequent basis as necessary and dispose of waste so that no odors will be
discernible beyond the tenant space in which the cat boarding/daycare use is
located. Exterior doors shall remain closed at all times except as needed for
ingress and egress.
(1) 2.8 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(5) 2.9 All permits required by the Orange County Animal Control Division of the Health
Care Agency shall be obtained and all requirements for maintaining sanitary
conditions and proper disposal of animal waste shall be adhered to at all times.
(1) 2.10 The applicant shall develop and maintain a drop-off 1 pick-up policy, which shall
be provided to customers prior to starting services. Prior to project final, the
applicant shall submit the drop-off 1 pick-up policy to the Community
Development Department for review and approval.
The drop off/pick up service provided by the applicant shall not block parking
spaces or disrupt the smooth flow of traffic through the commercial center
parking lot.
(1) 2.11 Hours of operation open to the public shall be restricted to the following:
Monday through Sunday
7:00 AM to 9:00 PM
(1) 2.12 All activities are required to comply with the City of Tustin Noise Ordinance.
(1) 2.13 All on-site signs, including permanent and temporary signs/banners, shall comply
with the Lafayette Plaza Sign Program and City of Tustin Sign Code.
PLAN SUBMITTAL
(1) 3.1 At the time of building permit application, the plans shall comply with the latest
edition of State and City of Tustin adopted codes: California Building Code,
California Electrical Code, California Plumbing Code, City Ordinances, and State
and Federal laws and regulations.
Conditions of Approval
Exhibit A
CUP 2017-22
Page 4
(1) 3.2 Construction and Demolition Waste Recycling and Reduction Plan (WRRP)
a) The applicant/contractor may be required to submit a WRRP to the
Public Works Department. The WRRP must indicate how the
applicant will comply with the City's requirement (City Code Section
4351, et al)to recycle at least 65 percent of the project waste material.
b) The applicant may be required to submit a fifty-dollar ($50.00)
application fee and a cash security deposit. Based on the review of
the submitted Waste Recycling and Reduction Plan, the cash security
deposit will be determined by the Public Works Department in an
amount not to exceed 5 percent of the project's valuation.
c) Prior to issuance of a permit, if WRRP is required, the applicant shall
submit the required security deposit in the form of cash, cashier's
check, personal check, or money order made payable to the "City of
Tustin".
FEES
(1) 4.1 Prior to issuance of any permits, payment shall be made of all applicable fees,
including but not limited to, the following:
• Building and Planning plan check and permit fees
(1,5) 4.2 Within forty-eight (48) hours of approval of the subject project, the applicant shall
deliver to the Community Development Department, a cashier's check payable
to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the
City to file the appropriate environmental documentation for the project. If within
such forty-eight(48) hour period the applicant has not delivered to the Community
Development Department the above-noted check, the statute of limitations for
any interested party to challenge the environmental determination under the
provisions of the California Environmental Quality Act could be significantly
lengthened.