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Home My WebLink About07-ATTACHMENT PATTACHMENT P WRITTEN APPEAL DATED JULY 19, 2019 RECOVoD 07-19-2019 I JUL 19 2019 To: The Ci Of Tustin Plannin department TUSTIN �' g p rT-ry ri FRV; OFFICE I/We are appealing the planning commissions decision to approve the building of a 16 pump Costco gas station located at 2541 and 2655 El Camino Real, Tustin, Ca. I/We request denial of this project from the City Council. The actions taken by the Planning Commission should be reversed: 1) To say that this project is exempt from CEQA is incorrect. This Project is over 5 acres as it is one parcel and is not being built on a separate parcel unrelated to the current use. The results of this project will have an effect on all parcels of the total shopping center. Customers will use all entrances and exits to access this gas station. This project also shows replacement of all landscaping on the entire Costco parcel. The addition of the Goodyear parcel for added parking shows how this project is totally interconnected and one cannot function without the other. Costco total site area of 10.96 acres is not exempt from CEQA because the new gas station is not a separate parcel operating, as it's own entity. Costco is relying on this project to increase store sales and membership growth. Costco themselves has said 46% of there store customers will use this facility. Thus, the whole parcel is required for the success of this gas station. 2) The amount of vehicles waiting in line and idling will create very unhealthful air. The city of Los Angeles is passing a ban on vehicles idling for more than 2 minutes. Over 23 states have passed laws against idling vehicles due to elevated emissions. The Environmental Protection Agency states " Idling vehicles contribute to air pollution and emit air toxins, which are pollutants known or suspected to cause cancer and other serious health effects. Monitoring has shown elevated levels of benzene, formaldehyde, acetaldehyde, and other air toxins." Attached are three different reports about idling vehicles and there dangers. More and more states are enacting legislation against idling vehicles including California. 3) The 3rd party traffic report from Thomas Brohard makes a point about the added right turn lane on El Camino Real. The street is currently 60 ft wide and has 5- 12ft lanes. A 6d' lane will not fit without widening the street. We are unclear on how this will be done and how big will the remaining lanes be? 4) This project will affect the quality of life to those that work and live nearby. The added traffic and congestion to our streets and the added air pollution to the area from idling cars will be intolerable. It's unfortunate that a lot of traffic and congestion is becoming the new normal in southern California and it is irresponsible to add on to an already busy area. 5) The planning Commission approved this project without taking any consideration to quality of life issues, they voted solely on land use. The Planning Commission is not approving a minor project, this project will directly impact the area with an additional three to five thousand vehicle daily trips. This project merits the council's consideration due to the large- scale impact of this project and environmental concerns that were not addressed. 6) What sort of studies was done for the District site? Look at the amount of work and trouble it has done for that location. Businesses are complaining the gridlock hurts business. Both sites already experience a lot of traffic due to the amount of stores, dining and entertainment options. Adding this into the mix creates more demand for the location. Charlie Mazza, Local Homeowners, and Local Businesses NATIONAL CONFERENCE of STATE LEGISLATURES 0 Legis rief A QUICK LOOK INTO IMPORTANT ISSUES OF THE DAY SEPT. 2018 I VOL. 26, NO. 34 *r- Putting the Brakes on Idling Vehicles BY RILEY HUTCHINGS AND KIM TYRRELL Idling—running a vehicle's engine while it is stationary—wastes an estimated 6 billion gallons of fuel each year. Exhaust fumes from cars and other vehicles have been linked to asthma, cancer, cardiac disease and other serious health risks, particularly in vulnerable populations. According to recent studies by the World Bank and the Health Effects Institute, nearly three times as many people, roughly 100,000, die from air -pollution - related deaths compared with fatalities from car accidents. Whether intentional or not, most people idle every day. Common examples include waiting in line at a drive-thru or to pick up a child at school, and get- ting stuck in a rush-hour traffic jam. Truck drivers frequently rely on idling to generate electricity to maintain cabin temperature while they sleep, though on -board idle reduction technologies (IRTs) are widely available. IRTs are energy sources that provide services like air conditioning or electric- ity, allowing truck drivers to shut down their main propulsion engines and reduce idling. State Action Over the past two decades, state legislatures have enacted various forms of legislation to minimize vehicle idling. Nine states—Colorado, Connecti- cut, Delaware, Maryland, Massachusetts, New Hampshire, New Jersey, Texas and Vermont—and Washington, D.C., limit idling to between three and five minutes for most vehicles. Another 14 states limit idling for certain vehicles, such as school buses, state-owned vehicles or vehicles over 10,001 pounds. Further, 18 states have grants, loans, tax credits or pilot programs to provide incentivizes for adopt- ing idle reduction technologies. Those states are Alabama, Arizona, Arkansas, California, Colorado, Georgia, Illinois, Indiana, Maryland, Massachu- setts, Minnesota, New York, North Carolina, Ohio, Oregon, Pennsylvania, Tennessee and Vermont Colorado, Maryland, Massachusetts and Vermont are currently the only four states that both offer in- centives for IRT adoption and limit idling for most vehicles. Colorado goes one step further with its idle reduction program—a collaboration between federal, state and local governments to improve air quality by minimizing idling. In addition to their own strategies, states are also required to develop State Implementation Plans (SIPS) to meet Environmental Protection Agency (EPA) regulations known as the National Ambient Air Quality Standards (NAAQS). The standards limit six major air pollutants—carbon monoxide, lead, nitrogen dioxide, ozone, particle pollution and sulfur dioxide. Car engines emit carbon monox- ide, nitrogen oxides, particle pollution and sulfur dioxide. At least 23 states refer to reducing engine idling as a strategy to improve air quality in their SIP proposals. Many cities or counties within states have additional idling ordinances. Arizona law requires counties to adopt and enforce idling time limits. Indiana, Utah and Vermont require their boards of education to adopt idling policies for school bus drivers. Tackling traffic congestion is another approach to reducing idling. At least 20 states use high occupancy vehicle (HOV) lanes to promote car- pooling. Other techniques include ramp meter- ing, variable speed limits, reversible lanes, use of shoulder lanes during peak periods, toll roads with automatic sensors, quick response to traffic incidents, and traffic communication via signs or phone applications. Many states use idling awareness campaigns to educate the public on the effects of vehicle idling, especially near schools, while others subsidize bus - and truck -driver trainings on no -idling techniques. Vehicle Idling Laws AK WA MT ND I* ID WY SD IA �10 HI [a LIT WI 10 CO NE MO KY NM KS AR 10 VT NH MI MA 10 IN OH NJ CT DC DE TN NC [ft MD AZ OK LA 1010 GA TX FL Limit idling for most vehicles Limit idling for AS GU MP PR VI specific vehicles source: NCSL, 2016 Federal Action Three current federal statutes related to reducing vehicle idling are: • 23 U.S.CA. §127 (2018) increases the maxi- mum weight limit for trucks by up to 550 pounds to account for idle reduction technolo- gies. • 26 U.S.CA. §4053 (2008) exempts any device that reduces idling from retail excise tax. • 42 U.S.CA. §16104 (2005) allocates funds to the EPA to facilitate research on the benefits of IRTs and to establish a program for IRT adoption through the SmartWay Partnership (described below). In addition, the U.S. Department of Energy operates two programs to minimize idling, and the EPA has two initiatives to support IRT research and emis- sions reduction (also described below). Department Program/Incentive/Statute Description U.S. Department Clean Cities Coalition Network A coalition of local businesses, state and of Energy local government agencies, and community organizations collaborate to reduce petroleum use in the transportation sector, which includes idle reduction measures. U.S. Department The National Idling Reduction of Energy Network A coalition of businesses, government agencies, organizations and research centers work to identify effective solutions to idling. U.S. Environmental SmartWay Transport Partnership This program helps the domestic freight Protection Agency industry operate efficiently, and includes monitoring and researching IRTS. ........... .............. ................... ..... ............ ............ _......... _... -.............. ........ _..... ._......... .................... .................... ....... __...... _..-.-_-............................................... ..._.-.............................. -._......... _..... _.._........... ._..... U.S. Environmental Clean Diesel Program This program supports projects that improve Protection Agency air quality by reducing harmful emissions. NCSL Contact Kim Tyrrell 303-856-1409 National Conference of State Legislatures I William T. Pound, Executive Director 7700 East First Place, Denver, Colorado 80230, 303-364-7700 1 444 North Capitol Street, NW, Suite 515, Washington, D.C. 20001, 202-624-5400 www.ncsi.org I The information contained in this LegisBrief does not necessarily reflect NCSL policy. ,ing a Car Idling While Parked Could Be Banned in Los Angeles - NBC Southern California 7/19/19, 10:16 AM SOUTHERN CALIFORNIA'��'�.., PRINT Powered by Leaving a Car Idling While Parked Could Be Banned in Los Angeles The motion asks the city attorney to create a law that bans cars from idling when parked for more than one or two minutes. By City News Service Ll Getty Images Leaving a car's engine running while parked would be banned in Los Angeles under a proposal introduced Wednesday by City Councilman Paul Koretz. "Idling in traffic or very low -speed driving -- and the consequent increases in emissions -- have been exacerbated by increases in traffic congestion, and efforts to alleviate them must continue," Koretz wrote in a motion proposing the ordinance. "However, parked vehicle idling is an unnecessary and inefficient habit that increases air and climate pollution, increases consumption and demand for harmful fossil fuels and also http://www.printthis.clickability.com/pt/cpt?expire=&action=cpt&part...Law-California-Los-Angeles-Car-Proposal-510876281.html&cid=510876281 Page 1 of 3 Leaving a Car Idling While Parked Could Be Banned in Los Angeles - NBC Southern California wastes money." 7/19/19, 10:16 AM The motion asks the city attorney to draft an ordinance barring vehicles from idling when parked for more than one or two minutes. Koretz noted that eight states have similar restrictions in place, along with Ne�N York City_ The U.S. Department of Energy estimates that ending personal vehicle idling would be the same as taking 5 million vehicles off the road nationally, according to Koretz's office. 2019 Southern California Images in the News Angels Baseball LP As part of the motion, Koretz noted that Los Angeles was ranked the most ozone -polluted metropolis in the United States by the American Lung Association in its 2019 State of the Air report. The motion was referred to the council's Transportation Committee for further review. Get the latest from NBC4 anywhere, anytime Download the App http://www.printthis.clickability.com/pt/cpt?expire=&action=cpt&part...aw-California-Los-Angeles-Car-Proposal-510876281.html&cid=510876281 Page 2 of 3 Leaving a Car Idling While Parked Could Be Banned in Los Angeles - NBC Southern California 7/19/19, 10:16 AM Available for IOS and Android • Follow NBC4 Copyright City News Service Find this article at: https://www. nbclosangeles.com/news/local/Idling-Law-California-Los-Angeles-Car-Proposal-510876281.htmi Check the box to include the list of links referenced in the article. c` NBC Universal, Inc. I All Rights Reserved. http://www.printthis.clickability.com/pt/cpt?expire=&action=cpt&part...aw-California-Los-Angeles-Car-Proposal-510876281.html&cid=510876281 Page 3 of 3 Idle -Free California I Expanding Idling Regulation Home About / j L -FREE (9 Idling Facts- Heavy -Duty Schools- Idle Reduction Technology ON Expanding Idling Regulation 7/19/19, 10:24 AM Green Driving The State of California currently has an idling regulation for commercial heavy-duty diesel vehicles and school buses. While passenger vehicles — cars, SUVs, vans, pickup trucks — comprise more than 85% of the vehicles on California's roads, there is no restriction for idling of these vehicles when parked. This has a significant negative impact on air quality, carbon emissions that contribute to climate change, and the wasting of energy. California has stood out as a leader in legislation and regulations to reduce greenhouse gas emissions. But when it comes to idling., California trails seven U.S. states that already have all motor vehicle idling regulations/laws. Reducing these emissions is more imperative than ever. First are the somber findings in the recent Fourth National Climate Assessment. Second is the Air Resources Board's 2018 Progress Report: California's Sustainable Communities and Climate Protection Act statement (page four): "California is not on track to meet the greenhouse gas reductions expected under SB 375 for 2020, with emissions from statewide passenger vehicle travel per capita increasing and going in the wrong direction..." In seeking additional solutions to reduce transportation emissions, the low -hanging fruit opportunity to include passenger vehicles in California's idling regulation can no longer be overlooked. IDLE -FREE CALIFORNIA PROPOSED REGULATION to limit idling of all vehicles PETITION to regulate idling of ALL vehicles in California at Change.org Idle -Free California strongly advocates for such a regulation statewide. However, if an incremental approach will allow for a quicker result, Idle -Free California advocates for a regulation to address the particularly important issue of idling on school property. Prolonged idling at California's 10,000+ schools during afternoon dismissal has a negative impact on health, particularly for children. PROPOSED REGULATION FOR PASSENGER VEHICLE IDLING ON SCHOOL PROPERTY This would enable an enforceable version of the California legislature's non-binding resolution — ACR 160 — that encourages motorists not to idle where children congregate. COMPELLING REASONS TO EXPAND CALIFORNIA IDLING REGULATION http://idlefreecalifornia.org/expanding-idling-reg.htmi Page 1 of 3 Idte-Free,California I Expanding Idling Regulation 7/19/19,10:24 AM 1. Passenger vehicles, aka light-duty vehicles (LDVs), despite being 98-99% cleaner than in the 1960s, still emit harmful exhaust chemicals that negatively impact air quality and health in the following circumstances: A. idling engines do not operate at peak temperature causing them to emit more pollution than when traveling B. in the common practice of excessive stationary warm-ups, the catalytic converter is not functional in converting exhaust gas to less toxic pollutants until the vehicle is driven C. idling caravans, such as in drive-thrus and school dismissals, which cause idling "hot spots", increase toxicity around the vehicles D. idling exhaust chemicals are exacerbated during weather extremes E. an out -of -tune vehicle pollutes more F. and no matter how clean internal combustion engine vehicles are, they still emit about 20 lbs. of CO2 per gallon of fuel consumed 2. Commercial heavy-duty diesel powered vehicles emit four times more pollutants than LDVs. But LDVs comprise more than 85% of PW the vehicles in California 3. The onset of mobile devices has led to greatly increased idling while parked; this has become known as "Smartphone Idling" 4. LDV IDLING AT SCHOOLS negatively impacts the health of students. To help address this issue, California ACR 160 -- Relative to vehicular air pollution -- encourages motorists to not idle their motor vehicles near places where children congregate; an LDV idling regulation on school property would make this non-binding resolution more effective Further, the EPA states, "Idling vehicles contribute to air pollution and emit air toxins, which are pollutants known or suspected to cause cancer or other serious health effects. Monitoring at schools has shown elevated levels of benzene, formaldehyde, acetaldehyde and other air toxics during the afternoon hour coinciding with parents picking up their children. Children's lungs are still developing, and when they are exposed to elevated levels of these pollutants, children have an increased risk of developing asthma, respiratory problems and other adverse health effects. Limiting a vehicle's idling time can dramatically reduce these pollutants and children's exposure to them." 5. An all motor vehicle regulation would provide recourse for those affected by prolonged idling of LDVs in neighborhoods, schools, etc. 6. An all motor vehicle regulation will make all motorists responsible - more equitable than targeting commercial vehicles alone 7. Financial impacts of idling: A. Idling gets negative MPG. The average LDV consumes .375 gallons of fuel an hour. With gasoline at $3.25 a gallon, needlessly idling while parked for 15 minutes a day can consume $75 to more than $200 a year B. Idling puts "ghost miles" on an engine causing needless wear including carbon soot buildup on engine components, shortening the life of motor oil, spark plugs, and exhaust system 8. Many vehicle owners' manuals advise limiting idling 9. Idling LDVs are here to stay: despite California being a leader in http://idlefreecalifornia.org/expanding-idling-reg.html Page 2 of 3 Idle -Free California I Expanding Idling Regulation 7/19/19, 10:24 AM sales of non -idling hybrid and electric vehicles, more than 90% of California vehicles sold in 2015 and 2016 are powered by conventional internal combustion engines 10. Reducing idling of LDVs will help California meet requirements in AB 32 to reduce its GHG emissions to 1990 levels by 2020 11. Seven U.S. states have all motor vehicle regulations/laws: Connecticut, Hawaii, Maryland, Massachusetts, New Hampshire, New Jersey (gasoline), New Jersey (diesel), Vermont 12. In California it can be roughly estimated that idling of all vehicles when parked emit more than 3 million tons of carbon dioxide annually, in the process consuming more than 300 million gallons of fuel; conservatively, about one half of this is attributable to LDVs.* *IN THE U.S: • The U.S. Dept. of Transportation - Office of Highway Policy Information - Motor Fuel Use - 2016: U.S. fuel consumption 1 76,891 ,283,000 gallons • The U.S. Dept. of Energy states, "Each year, U.S. passenger cars, light-duty trucks, medium -duty trucks, and heavy-duty vehicles consume more than 6 billion gallons of diesel fuel and gasoline --without even moving." IN CALIFORNIA: -The U.S. Dept. of Transportation - Office of Highway Policy Information - Motor Fuel Use - 2016 - California fuel consumption 17,722,581,000 gallons • While there are no far ranging studies on vehicle idling in California, based on U.S. overall transportation fuel consumption vs U.S. vehicle idling fuel consumption, it is estimated that all vehicles in California consume more than 600 million gallons of fuel when idling annually. This equates to more than six million tons of CO2 emitted by all idling vehicles in the state. Studies show that about one-half of all idling occurs when parked (not in traffic).', 2. Therefore, it is estimated all vehicles idling when parked in California waste more than 300 million gallons of fuel, emitting more than three million tons of CO2. MOST OF THIS IDLING IS CONSIDERED UNNECESSARY. IDLING PERCENTAGE: all vehicle idling (in traffic and when parked) is estimated to be 3.4% of all vehicle fuel consumption/emissions; vehicles idling when parked is estimated to be 1.7%. 1 Vanderbilt University study: Costly myths. An analysis of idling beliefs and behavior in personal motor vehicles (p.4). "...the average American idles for roughly 16 min a day. Over 51% ... can be accounted for by individuals idling while in traffic... the remaining 49% ... results from idling to warm and while waiting, both of which are avoidable and, in many cases, unnecessary." 2University of Vermont study: Passenger vehicle idling in Vermont (p.25): "Discretionary idling is a large enough percent of all idling in Vermont (approximately half) to suggest policies to pursue behavior change over purely vehicle technologies which eliminate all idling emissions by turning off during travel and at stops." The State of California's idling regulation for commercial heavy-duty diesel vehicles and school buses limits idling to five minutes. For a passenger vehicle statewide idling regulation, Idle -Free California recommends a three-minute idling limit; for a school property only passenger vehicle idling regulation, a 30 -second idling limit (with exceptions). For a school property only passenger vehicle idling regulation, Idle -Free California proposes a mandate for the installation of NO IDLING signage at all schools. To be effective, an all vehicle idling regulation will require more than just enforcement. It will require a far reaching educational campaign by a State of California agency. This will also need to include education from various sectors, including air districts, health and environmental organizations, and schools. http://idlefreecalifornia.org/expanding-idling-reg.html Page 3 of 3 City of Tustin 300 Centem i al Ww Tustin CA kf; IUATIE fbMipt: 07/19/21019 2:45 PM Receipt No: 010245545 110 .■ Mi so. Revenue 3,234.05 Total 3,23q.05 Pwrents: Check 214 3, 234.05 Change 0.00 Customer #: 000000 Customer: CH8RLES J WZA Cashier: mil lk Station. FII I