HomeMy WebLinkAbout07 APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE DESIGN REVIEW 2018-00026 AND CUP 2018-00018Agenda Item 7
AGENDA REPORT Reviewed: ow -
City Manager
Finance Director N/A
MEETING DATE: OCTOBER 15, 2019
TO: MATTHEW S. WEST, CITY MANAGER
FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE
DESIGN REVIEW 2018-00026 AND CONDITIONAL USE PERMIT 2018-
00018 (COSTCO GAS STATION)
APPELLANTS:
Charlie Mazza
on behalf of himself and
unidentified homeowners
and businesses
ADDRESS:
2541 and 2655 EI Camino Real
SUMMARY:
APPLICANT:
Terry Odle/MG2
3333 Michelson Drive, Suite 100
Irvine, CA 92612
PROPERTY OWNER:
Diana Salazar
Costco Director of Real Estate
Costco Wholesale Corporation
9 Corporate Park, Suite 230
Irvine, CA 92606
On July 9, 2019, the Planning Commission adopted Resolution No. 4385 (Attachment M),
approving a request to demolish the existing Goodyear Tire Center located at 2541 EI
Camino Real and to replace with 56 new parking stalls and to construct a new 16 pump
Costco gasoline fuel station with canopy and related equipment at 2655 EI Camino Real.
On July 19, 2019, the appellants (listed above) filed an appeal of the Planning
Commission's adoption of Resolution No. 4385 approving the project. The written appeal:
(1) states that the actions taken by the Planning Commission should be reversed; (2)
identifies concerns related to the gas station operation; and (3) identifies concerns related
to the adequacy of the environmental determination of the proposed project.
RECOMMENDATION:
That the City Council adopt Resolution No. 19-39 (Attachment T) upholding the Planning
Commission's decision to approve Conditional Use Permit (CUP) 2018-00018 and Design
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 2
Review (DR) 2018-00026 to authorize the demolition of the existing Goodyear Tire Center
and adjacent Goodyear parking area at 2541 EI Camino Real and replace with 56 new
parking stalls and to construct a new 16 pump Costco gasoline fuel station with canopy and
related equipment at 2655 EI Camino Real.
FISCAL IMPACT:
The applicant has paid the applicable fee to file an appeal.
APPROVAL AUTHORITY:
The project site is located within the Planned Community Mixed -Use (PCMU) zoning district
of the East Tustin Specific Plan (ETSP) area. Pursuant to Section 3.8.2 and 3.7.2.A.1.0 of
the ETSP, new service stations are subject to the approval of a CUP. Pursuant to Tustin
City Code (TCC) Section 9291 c, the Planning Commission has the authority to review and
act on CUPs.
Pursuant to TCC Sections 9272, design review approval is required for new structures,
major exterior alterations or enlargement of existing structures.
Pursuant to TCC Section 9294b, any decision of the Planning Commission may be appealed
to the City Council by any person and that the appeal hearing shall be de novo and the City
Council shall approve, approve with conditions, disapprove the project, or remand the matter
to the Planning Commission with direction from the City Council.
INTRODUCTION:
This report is divided into eight (8) parts to assist the reader in referencing the details of
the proposed project. These sections are as follows:
1. BACKGROUND
2. DISCUSSION (Project Description)
3. ANALYSIS
4. CEQA ENVIRONMENTAL ANALYSIS
5. CLASS 32 EXEMPTION EXCEPTIONS
6. APPEAL
7. FINDINGS
8. PUBLIC COMMENTS
9. CONCLUSION
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 3
BACKGROUND:
On June 11, 2019, the Planning Commission held a Public Hearing on a request for CUP
2018-00018 and DR 2018-00026 application to demolish the existing Goodyear Tire Center
and adjacent Goodyear parking area at 2541 EI Camino Real and replace with 56 new
parking stalls and to construct a new 16 pump Costco gasoline fuel station with overhead
canopy and related equipment at 2655 EI Camino Real. The proposed project is located
within an existing larger shopping center within the ETSP.
At the meeting, ten (10) public speakers provided comments regarding the project. The
speakers included residents, interested parties, and business owners and the majority
expressed concern and opposition. Two e-mails were received in favor of the proposed
project. A summary of public comments is discussed later in this report and attached
herein as Attachment U.
After receiving public comments, the Commission continued the public hearing to its
meeting of July 9, 2019, so that staff could address the concerns expressed by the public
as well as questions from the Commission.
On July 9, 2019, the Planning Commission took additional public comments (15 persons -
in support; 10 persons -opposed), received Staff responses to their questions and adopted
Resolution No. 4385 (Attachment M), approving the project.
On July 19, 2019, the appellants filed a written appeal of the Planning Commission's
decision to approve the project. The written appeal states: (1) that the actions taken by
the Planning Commission should be reversed; (2) identifies concerns related to the gas
station operation; and (3) identifies concerns regarding the adequacy of the proposed
project's environmental determination (Attachment P).
DISCUSSION:
Project Site and Surrounding Uses
The location of the proposed project is within a portion of a shopping center that is
improved with an existing Costco Warehouse building, Goodyear Tire Center, a major
retail store (formerly K-mart/Sears/Ansar Gallery), McDonald's restaurant, and two (2)
multi -tenant buildings. To the north of the shopping center, across Bryan Avenue, are
single-family residences and to the west of the shopping center, across Tustin Ranch
Road are condominiums. The Tustin Auto Center is to the south, across EI Camino Real;
the Tustin Market Place is to the east beyond the EI Modena Flood Channel and Myford
Road (Figure 1 and Figures 2/2a).
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 4
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Figure 1 — Aerial Photo/Project General Location Map
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Figure 2 — Photo of 2655 El Camino Real (Proposed Gas Station Location)
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 5
Figure 2a — Photo of 2541 EI Camino Real
(Existing Building to be Demolished and Replaced with Parking area)
Existing Zoning and Land Use Designation
The project site has a General Plan land use designation of Planned Community (PC)
Commercial/Business and is located in the Planned Community -Mixed Use (PC -MU) zoning
district within the ETSP area.
The ETSP was adopted by the City in 1986. In March 1992, an amendment to the East
Tustin Development Agreement was approved which included a modification to the Concept
Plan for Sector 12 (in which the project site is located) and approval of Vesting Tentative
Tract Map 14610.
The original Sector 12 Concept Plan included 19 acres of commercial development and five
(5) acres reserved for a hotel on the subject site. The 1992 modification eliminated the hotel
use at the site and the tract map that was processed concurrently with a Design Review
application subdivided the 12 -acre property into six (6) numbered lots to allow the ultimate
construction of a 274,175 square foot retail commercial center. The commercial center was
comprised of two (2) major retail tenants and five (5) individual pad tenants. Costco and K -
Mart were the first anchor tenants within the shopping center, and both moved in following
the construction completion in 1993-1994. Costco has remained a major tenant, at the same
location, since 1993-1994.
Proposed Project
The project site shown in Figure 3 comprises an approximately 2.38 -acre area located within
a portion of the shopping center. The proposed project consists of (a) construction of a new
Costco gas station comprising sixteen (16) pumps with thirty-two (32) fueling dispensers, an
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 6
overhead canopy, and associated equipment and landscape screening on an approximately
1.74 -acre area at the southeastern corner of the existing shopping center, and (b) removal
of the existing, 9,136 -square foot Goodyear Tire Center building and adjacent parking area
and striping of fifty-six (56) parking spaces in place of the existing building on an
approximately 0.64 -acre area on one (1) of the individual pad tenant parcels within the
shopping center. Although the existing Costco Warehouse, K -mart, and other pad parcels
and parking areas are adjacent to the project site, they are not part of the project site and
no new development or proposed project construction activity will occur in these areas.
(Figures 3 and 4 and Attachment C — Submitted Plans).
Figure 3 — Submitted Site Plan
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Entitlement Requests
The applicant is requesting the following discretionary approvals from the City to permit
construction of the proposed project (described above):
• CUP 2018-00018 pursuant to Sections 3.7.2.A.1.u. and 3.8.2 of the ETSP, to permit
a new gasoline station within the boundaries of the ETSP area.
• DR 2018-00026 pursuant to TCC Section 9272 to permit the construction of a new
gas station structure.
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 7
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ANALYSIS:
Figure 4 — Enlarged Site Plan
Business Hours and Fueling Operation
Although other service stations in the area are open 24 -hours, Costco is proposing to
operate the new gasoline station from 5:30 a.m. to 9:30 p.m. Monday through Friday, 6:00
a.m. to 8:00 p.m. Saturday, and 6:00 a.m. to 7:30 p.m. Sunday. The station will be
available for Costco Warehouse members only and will require a Costco membership to
access the fuel pumps. The proposed station would be manned by one (1) or two (2)
Costco employees who will oversee day-to-day operations and cleanliness at the site.
An additional one (1) to two (2) employees will be brought on site as needed to help
implement the traffic control plan and for traffic control. No other automotive or retail sales
will be available at the station.
The gasoline station would be equipped with a red-light/green-light system to indicate
which pump was open and available to the next person in line along with CostcoPay (a
key -fob pay system), which, per the applicant, improves efficiency and helps shorten lines
to waiting customers. Entry and exit for fuel deliveries to the site would be to and from
Bryan Avenue. No deliveries of fuel would take place off EI Camino Real.
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 8
The proposed business hours of the service station are compatible with the surrounding
businesses in that the station provides a consumer service during typical service station
hours. Attachment E summarizes surrounding business hours of operation.
Parking
The existing Costco Warehouse property features 605 parking spaces, which exceeds the
City's minimum parking standard of 544 stalls (4.5 stalls/1,000 SF of building area). There
is also a recorded Covenant, Conditions and Restriction (CC&R's) document between
Costco and Sears (formally K -mart) and the adjacent leaseholder of the other major tenant
building) that is more restrictive. The applicant has indicated that they plan to adhere to the
existing CC&R conditions. Per this agreement, the parking standards require both large
retail users to maintain a minimum parking ratio of five (5) stalls/1,000 SF of building area.
For the purpose of the CC&R's, the required number of parking stalls for Costco is 605 stalls
and the total number of parking spaces with the proposed project will be 605 stalls, which
adheres to this requirement.
The existing overall parking for both Costco and the other retail commercial tenants within
the shopping center is summarized below:
Costco
Kmart
Pad B - Multi -
Tenant Bldg.
Pad C- Multi -
Tenant Bldg.
McDonalds
Total Parking
18
1110
Traffic/Circulation/Queue Management
55
1254
A Traffic Analysis and supplemental memorandum was prepared and submitted by Kittleson
& Associates (Attachment J) that analyzed traffic impacts of the proposed gas station and
accounted for the fact that an existing on-site use, the Goodyear Tire Center, would be
replaced with additional parking area. The analysis included an examination of traffic
volumes and intersection Levels of Service (LOS) and concluded that additional trips
generated by the proposed use would allow all studied intersections to continue to operate
acceptably at (LOS) A or B. The location of the four (4) islands with sixteen (16) pumps and
the site configuration on the project site will accommodate simultaneous fueling for 32
vehicles, with additional stacking of another 40 vehicles east of the pump islands. The
proposed project would also provide a dedicated westbound right turn lane into the site at
Auto Center Drive and EI Camino Real and restriping of EI Camino Real (Figure 5: Proposed
Stacking Plan).
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Traffic/Circulation/Queue Management
55
1254
A Traffic Analysis and supplemental memorandum was prepared and submitted by Kittleson
& Associates (Attachment J) that analyzed traffic impacts of the proposed gas station and
accounted for the fact that an existing on-site use, the Goodyear Tire Center, would be
replaced with additional parking area. The analysis included an examination of traffic
volumes and intersection Levels of Service (LOS) and concluded that additional trips
generated by the proposed use would allow all studied intersections to continue to operate
acceptably at (LOS) A or B. The location of the four (4) islands with sixteen (16) pumps and
the site configuration on the project site will accommodate simultaneous fueling for 32
vehicles, with additional stacking of another 40 vehicles east of the pump islands. The
proposed project would also provide a dedicated westbound right turn lane into the site at
Auto Center Drive and EI Camino Real and restriping of EI Camino Real (Figure 5: Proposed
Stacking Plan).
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 9
Customers would enter the project site traveling either westbound or eastbound on EI
Camino Real via an existing driveway apron at the intersection of EI Camino Real and Auto
Center Drive, which would continue to provide access to the existing commercial tenants
and proposed gasoline station. Customers could also enter the site through the shopping
center parking lot, from Bryan Avenue or Tustin Ranch Road.
Vehicular queueing data was collected at other Costco gasoline stations to determine the
anticipated queues for the proposed station. Based on the comparable locations with 22 or
more fueling positions, the average 95th percentile queue was 26 vehicles, with the highest
recorded queue at 35 vehicles. The industry standard methodology for queueing analysis
considers the 95th percentile queues. With 32 vehicles fueling at one time and queueing for
another 40 vehicles behind those fueling, a maximum of 72 vehicles could be
accommodated at the project site without interfering with site operations. Such a design
adheres to both the 95th percentile as well as the maximum observed queue of 35 vehicles.
Figure 2 of the Traffic Analysis report, reproduced below, illustrates the proposed stacking
plan for the proposed project.
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City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 10
If queues should extend beyond the designated queue area, two (2) queue management
plans are proposed and included in Attachments H and I (Queue Management Plan No.
1 and 2 respectively) and shown in Figures 6 and 7 below. If queues cannot be
adequately managed by the strategies shown in the proposed stacking plan (Figure 5)
and Queue Management Plan No. 1 (Figure 6), the northbound right turn into the parking
aisle adjacent to the fuel station would be closed using retractable bollards to route
customers to the next parking aisle to provide more queueing area prior to affecting street
operations (Figure 7). In addition to the queue management plan, as conditioned, during
times of peak demand, up to three (3) on-site traffic attendants will be present to guide
and direct traffic when fueling.
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Figure 6 — Queue Management Plan 1
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 11
Figure 7 — Queue Management Plan 2
Design Review
The proposed project would be developed within the southeastern corner of the existing
Costco Warehouse parking lot adjacent to EI Camino Real and Myford Road. A grade
change exists between EI Camino Real and the project site and there is an existing CMU
block wall that will provide added screening of the gasoline station from EI Camino Real.
The proposed project will include additional landscaping at the southeastern property line
immediately adjacent to Myford Road for screening of the project from the intersection of
Myford Road and EI Camino Real.
The proposed project includes a 12,684 square foot canopy over the proposed fueling
stations which will be supported by sixteen (16) CMU columns which will have an exterior
treatment of split and smooth face to match the existing warehouse building. The canopy
will be painted white with an area towards the center of the canopy (on each side)
designated for future signage.
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 12
There will be two (2) pieces of equipment on-site, including a clean air separator
(approximately 204 square feet) that will be contained within a split -face masonry CMU
block wall measuring six (6) feet in height with metal gates for access. Surrounding the
separator will be new landscaping for additional screening. The controller enclosure
(approximately 117 square feet) will be painted Camel (#PCTT 20169) to coordinate with
the columns and existing Costco Warehouse building and will measure 8'-6" in height with
landscaping to provide screening. The clean air separator and controller enclosure will
both be located east of the proposed pumps on a raised island. No buildings are being
proposed as part of this project aside from an equipment enclosure containing the
equipment controllers.
1 :
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z EAST ELEVATION AND DISPENSER ISLANDS (WEST SIMILAR
Figure 8 - Proposed Elevations
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MATERIALS
Figure 9 - Proposed Equipment Enclosure & Materials/Colors
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@ENCLOSURE ELECTRICAL ENTRY
ENCLOSURE ELEVATION AWAY FROM CANOPY
nENCLOSURE ELEVATION FACING CANOPY
ENCLOSURESTORAGE ENTRY
MATERIALS
Figure 9 - Proposed Equipment Enclosure & Materials/Colors
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 13
Signage
As part of the development of the service station, the applicant will be required to post signs
pursuant to State Law to advertise the types and pricing of the available fuel. The applicant
has indicated that the sign plans will be submitted later in time and in conjunction with
construction drawings. Pursuant to TCC Section 9403h, a master sign plan is required for
developments in specific plan areas in the City. Accordingly, Condition 1.10 of Resolution
4385 will require the applicant to apply for a Master Sign Program for the property.
CEQA ENVIRONMENTAL ANALYSIS: EVALUATION OF CLASS 32 CRITERIA
Every discretionary action by the City requires environmental review pursuant to the
California Environmental Quality Act (CEQA). However, the CEQA Guidelines (Sections
15300 to 15332) include a list of classes of projects that have been determined to not
have a significant effect on the environment, also known as Categorical Exemptions. If a
project falls within one of these classes, it is exempt from the provisions of CEQA, and no
further environmental review is required.
This project is Categorically Exempt pursuant to Class 32. The Class 32 "Infill'
Categorical Exemption (CEQA Guideline Section 15332), hereafter referred to as the
"Class 32 Exemption", exempts infill development within urbanized areas if it meets
certain criteria. The class consists of infill projects that are consistent with the General
Plan and zoning requirements. This class is not intended for projects that would result
in any significant traffic, noise, air quality, or water quality impacts. It may apply to
residential, commercial, industrial, and/or mixed-use project. A Class 32 Exemption
applies to a project characterized as in -fill development meeting all of the conditions
described below:
(a) This project is consistent with the applicable general plan designation and all
applicable general plan policies as well as the applicable zoning designation and
regulations.
(b) The proposed development occurs within city limits on a project site of no more
than five (5) acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened
species.
(d) Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality.
(e) The site can be adequately served by all required utilities and public services.
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 14
The following is an analysis of each of the listed criteria.
(a) The proposed project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with
applicable zoning designation and regulations.
Tustin General Plan
The General Plan serves as a broad planning guide for future growth and
development in the City, and contains policy statements and programs to achieve
those development goals. The project site is located within the ETSP area and
the PC -Mixed Use zoning district under the TCC.
The project site is designated as Planned Community Commercial/Business
(PCCB) under the Land Use Element. The PCCB designation provides
opportunities for a mixture of activities permitted within commercial and industrial
land use designations in the City. To ensure that land uses permitted within the
classification are compatible with the character of surrounding development and
within a development area itself, location, land use type, density and building
intensity standards are specifically governed by Planned Community District
provisions or adoption of a Specific Plan. The Planned Community
Commercial/Business designation may also permit other uses (such as residential
uses) which support this land use designation.
The proposed project would conform to the goals and policies identified in the Land
Use Element of the General Plan by renovating and adding to an existing
commercial development with uses that are consistent with the PCCB Designation
(Figure 10). The proposed project would also be consistent with the ETSP, which
specifies development standards and requirements on the project site.
Figure 10- General Plan Consistency Analysis
Goals and Policy
Consistency Analysis
Goal 1: Provide for a well-balanced land use
Consistent. The Project Site is located in an
pattern that accommodates existing and future
existing retail shopping center with commercial
needs for housing, commercial and industrial
zoning. The proposed gasoline station would be
land, open space and community facilities and
consistent with and support the existing
services, while maintaining a healthy, diversified
commercial development. As it would not
economy adequate to provide future City
displace any residential or industrial uses, open
services.
space or community facilities, the Proposed
Project would not alter the existing balance of
land uses in the City. The Proposed Project
would diversify the retail uses in the shopping
center and would increase City sales tax
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 15
revenues that can be used to fund future City
services.
Policy 1.5: Encourage compatible and
Consistent. The Proposed Project would
complementary infill of previously by-passed
provide complementary and compatible infill
parcels in areas already predominately
development within an existing shopping center.
developed.
The Project Site is located in an urbanized area
of the City and is substantially surrounded by
urban uses, including the remainder of the
shopping center, the adjacent Tustin Market
Place shopping center, the Tustin Auto Center
auto dealerships, condominiums, and single-
family residences. The proposed gasoline
station is located along a major commercial
thoroughfare in the City and would be compatible
with the shopping center and other surrounding
uses.
Policy 1.10: Ensure that the distribution and
Consistent. The Proposed Project would be
intensity of land uses are consistent with the
consistent with the PC Commercial/Business
Land Use Plan and classification system.
land use designation and the ETSP that governs
development on the Project Site. As part of the
discretionary entitlements for the Proposed
Project, consistent with the ETSP, the required
CUP will ensure that the proposed gas station
use is consistent with the City's development
policies and compatible with the surrounding
land uses.
Goal 3: Ensure that new development is
Consistent. The Proposed Project consists of
compatible with surrounding land uses in the
development of a gasoline station that would be
community, the City's circulation network,
compatible with the existing Costco Warehouse,
availability of public facilities, existing
shopping center, and other surrounding land
development constraints and the City's unique
uses. The proposed gasoline station would be
characteristics and resources.
located along a major commercial thoroughfare,
compatible with the City's circulation network,
and, as discussed in the consistency analysis for
Policy 1.10, the required CUP will ensure that the
Proposed Project is consistent with the City's
development policies and compatible with the
surrounding land uses. Therefore, the Proposed
Project, as conditioned, would not be detrimental
to surrounding properties.
Policy 3.2: Locate major commercial uses in
Consistent. The Proposed Project would be an
areas that are easily accessible to major
infill development in an existing shopping center
transportation facilities.
that is a major commercial use located along
several major commercial thoroughfares and is
easily accessible to major transportation
facilities, including the Santa Ana Freeway,
located less than one mile from the Project Site.
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 16
Policy 4.1: Mitigate traffic congestion and
Consistent: The Proposed Project adequately
unacceptable levels of noise, odors, dust and
addresses anticipated off-site traffic impacts. The
light and glare which affect residential areas and
proposed plan has two (2) queue management
sensitive receptors.
plans to accommodate potential queueing
demands. If queues cannot be adequately
managed by the strategies in the plan, closure of
the northbound right turn lane with retractable
bollards and re-routing of customers to the next
parking aisle will be implemented. In addition to
the queuing management plans, the Proposed
Project has been conditioned to provide three (3)
on-site traffic attendants to guide and direct traffic
during periods of peak demand. Through a
combination of queueing plans and manned
personnel for traffic guidance, the use will not
impact circulation on the site or within the existing
shopping center.
In addition, the Proposed Project, by means of
regulatory compliance, would not create a
significant noise impact on the surrounding
neighborhood, because the fuel station would be
subject to and would comply with the Tustin
Noise Ordinance and General Plan Noise
Element.
The applicant is required to obtain approval from
the South Coast Air Quality Management District
(SCAQMD) prior to the issuance of building or
grading permits. By complying with all applicable
SCAQMD regulations and obtaining a ministerial
Permit to Construct (PTC) and Permit to Operate
(PTO), the Proposed Project will not create any
unacceptable levels of odors or dust or other air
quality impacts.
In addition, as conditioned, the Proposed Project
must provide adequate lighting to illuminate the
fueling area, subject to Community Development
Department review and approval. Such lighting
must meet the applicable requirements of the
TCC, City's Building Regulations Code and the
State Fire Code. Therefore, by means of
regulatory compliance, the Proposed Project will
not create any unacceptable levels of light and
glare.
Goal 7: Promote expansion of the City's
Consistent. The Proposed Project would
economic base and diversification of economic
expand the City's economic base by providing a
activity.
new gas station that will serve Costco members.
The gas station will contribute to the City's
City Council Report
October 15, 2019
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Policy 7.1: Broaden the City's tax base by
attracting businesses which will contribute to the
City's economic growth and employment
opportunities while ensuring compatibility with
other General Plan goals and policies.
economic growth through increased economic
activity and sales tax revenues.
Policy 7.5(a): Focus retail development into
Consistent. The Proposed Project would be
consolidated, economically viable and attractive
located within a portion of an existing shopping
centers of adequate size and scale which offer a
center, thereby maintaining the focused retail
variety of retail goods and amenities.
development in the City. The addition of the
gasoline station would also enhance the
economic viability of the existing shopping
center, and provide for a new retail amenity
within the existing shopping center to serve
Costco members.
Goal 9: Continue to provide for a planned
Consistent. The Proposed Project would
community in East Tustin compatible with the
provide for infill development within an existing
land use characteristics of the local area and
shopping center located along major commercial
sensitive to the natural environment.
thoroughfares in an urbanized area of East
Tustin. As discussed below, the Proposed
Policy 9.1: Ensure the compatibility of
Project would be consistent with the ETSP,
development in East Tustin adjacent to existing
including obtaining a required CUP for the
developed areas.
proposed gasoline fuel station in order to ensure
compatibility with the land use characteristics of
the local area and the adjacent existing
development.
East Tustin Specific Plan
The ETSP Land Use Plan designates the project site as "Mixed Use", which is
intended for development of planned retail commercial, office and
industrial/research and development land uses of an intensity compatible with
neighboring residential and Auto Center land uses.
Pursuant to ETSP Section 3.8.2.A., development of shopping centers shall comply
with Section 3.7.2. Pursuant to ETSP Section 3.7.2.A.1.u.,"service stations" may
be permitted subject to obtaining a conditional use permit.
The proposed project would also be consistent with the Site Development
Standards set forth in ETSP Section 3.8.3, including:
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October 15, 2019
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Page 18
Building Site Area
Building Height
Setbacks'
• Front (EI Camino Real)
• Side
• Rear
None
35-0"
N/A
17'-6"
60 feet —to canopy edge
57 feet (min.) 65 feet — equip. to east
0 feet property line
0 feet 540 feet — canopy edge to
Bryan Avenue
Parking 544 605
Per ETSP Section 3.5 G, setbacks shall be measured from the centerline of the street
The proposed project would conform to the following goals and objectives
identified in the ETSP:
• Plan for commercial, recreational and employment opportunities with a
compatible interface to existing development.
• Plan for commercial uses to serve the needs of the community.
• Plan for a mixed-use area with freeway and arterial exposure so as to
maximize the opportunity to develop viable and marketable commercial
retail and hotel/motel uses and also maintain flexibility to provide other non-
residential, non -retail business related uses in the event that the entire
mixed-use area is too large to accommodate viable commercial retail uses.
The proposed project would be developed within a portion of an existing shopping
center. It would comply with the applicable zoning standards and would obtain the
required CUP, which would ensure compatibility with existing development in the
vicinity of the project site. The proposed gasoline station would serve existing
Costco Warehouse customers as well as other visitors to the shopping center and
surrounding community. The proposed project is also located in an existing
commercial retail area adjacent to EI Camino Real, a major commercial
thoroughfare, and within one mile of the Santa Ana Freeway and therefore has
adequate freeway and arterial exposure.
Tustin City Code
As discussed above, the project site located within a Planned Community -Mixed
Use zoning district and the development standards for the proposed project are
set forth through the ETSP. However, the proposed project would be consistent
with other applicable provisions of the TCC. At the time of permit application, the
project plans must comply with the latest edition of the applicable codes,
Ordinances, and regulations adopted by the City.
Pursuant to TCC Section 9272, the proposed project would obtain design review
approval, which is required prior to the issuance of a building permit for any new
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Page 19
building or structure. All on-site signs would comply with the City's sign code and
as conditioned, the applicant will apply for a Master Sign Program for the proposed
project.
The proposed project would be consistent with the General Plan, ETSP and TCC;
therefore the project satisfies criteria (a) of the Class 32 Exemption.
(b) The proposed development occurs within city limits on a project site of no
more than five (5) acres substantially surrounded by urban uses.
As shown in Figure 1 (Aerial Photo/Project Site Map) and Figures 3 and 4
(submitted site plans), the site is located within a portion of an existing shopping
center in an urbanized area of the ETSP area in the city, and is entirely
surrounded by urban uses. The project site (consisting of the area where the
fueling station and landscape screening will be constructed and the area where
the existing Goodyear Tire Center building will be demolished and restriped with
surface parking) has a total area of approximately 2.38 acres. No new
development or construction activity related to the proposed project will occur in
the other portions of the shopping center, including the existing Costco
Warehouse, former K-mart/Ansar Gallery retail space, and other pad parcels, nor
will the existing operations at these uses change as a result of the proposed
project. These uses and areas are part of the existing environment prior to the
project that will not change as result of the project. Therefore, they comprise the
environmental baseline and are not part of the proposed project. Therefore, the
proposed project satisfies criteria (b) for a Class 32 Exemption.
(c) The project site has no value as habitat for endangered, rare or threatened
species.
The project site is located within an urbanized area of Tustin. As shown in Figure 1
- Aerial Photo/Project Site Map of the site and surrounding land uses, the project site
and the surrounding area are developed with buildings and other urban infrastructure
and do not contain any significant areas of natural open space or areas of significant
biological resource or habitat value. Improved with an asphalt -paved parking lot and
the existing Goodyear Tire Center building, there are few trees and vegetation
located on-site within the existing surface parking areas. According to the U.S. Fish
and Wildlife Service (USFWS) Threatened and endangered Species Active Critical
Habitat Report, no candidate, sensitive, or other special status species identified in
local plans, policies or regulations, or by the California Department of Fish and
Wildlife (CDFW) or the USFWS have been recorded or exist on the project site.
Furthermore, no critical habitat was identified in the U.S. Environmental Protection
Agency's NEPAssist mapping tool.
The proposed project would also remove 48 non -protected on-site trees and zero (0)
non -protected trees in the adjacent public right-of-way. While the removal of non-
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protected trees would not be considered a significant impact under CEQA, such
removal has the potential to impact nesting bird species, if present at the time of
removal. The project must comply with all applicable Federal laws and regulations,
which would include adherence to the Federal Migratory Bird Treaty Act and the State
Fish and Game Code. As a result, the project would have a less than significant
impact on endangered, rare, or threatened species or their habitat and therefore,
satisfies criteria (c) for a Class 32 Exemption.
(d) Approval of the proposed project would not result in any significant effects
relating to traffic, noise, air quality, or water quality.
Traffic
The following traffic impact analysis summarizes and incorporates the information
set forth in the initial traffic analysis prepared by Kittelson & Associates (KA), dated
April 17, 2019) and the supplemental memorandum prepared by KA, dated June
24, 2019 addressing certain items discussed at the June 11, 2019 Planning
Commission hearing. The initial traffic analysis, supplemental memorandum and
long-term buildout conditions are attached as Attachment J.
Operation
The initial Traffic Analysis analyzed anticipated trip generation & related impacts,
Level of Service (LOS) and queueing analysis at different intersections, fuel area
layout, fuel delivery site circulation and on-site vehicle stacking and parking. As
identified in the traffic analysis, evaluation of the traffic impacts of the proposed
project must account for the fact that it will include removal of the existing
Goodyear tire facility. Table 2 of the initial Traffic Analysis, reproduced below,
presents the net new trips for the proposed project within existing trip credit for the
existing Goodyear service facility applied. With application of the existing trip
credit, the net new trips for the proposed project would be 58 trips in the a.m. peak
hour and 70 trips in the p.m. peak hour, which in tum, represents an average of
approximately one (1) additional net new trip into or out of the site each minute
during peak periods when compared to existing conditions.
Figure 11 - Costco Gasoline Peak Hour Trip Generation Characteristics
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Intersection Analysis:
Three (3) study intersections were evaluated for weekday a.m. and p.m. conditions
and included:
Market Street & Bryan Avenue (project driveway)
Tustin Ranch Road & EI Camino Real
Auto Center Drive & EI Camino Real (project driveway)
The study intersections were analyzed using the Intersection Capacity Utilization
(ICU) methodology, consistent with City of Tustin standards. LOS grades and
corresponding volume -to -capacity (V/C) ratios under the ICU methodology are
provided in Table 3 of the Traffic Analysis. The maximum acceptable LOS for the
study intersections is LOS D. Based on the analysis methodology, the results for
the Existing and Existing Plus Project LOS for the study intersections is shown in
Table 4 of the traffic analysis and reproduced below. All study intersections
operate acceptably at LOS A and B under both the Existing and Existing Plus
Project conditions.
Note: t. Planned and funded Intersection improvements at this location are assumed under Existing Conditions.
Figure 12 - Costco Existing and Existing Plus Project LOS
The supplemental traffic memorandum confirms that the initial traffic analysis
evaluates performance of all study locations including the driveways to access the
proposed project, and that all intersections operate at LOS A or B during the
weekday a.m. and p.m. peak hours. Based on this analysis, as well as the current
roadway improvements taking place along Tustin Ranch Road and EI Camino
Real, the supplemental traffic analysis concludes that the proposed project is not
expected to adversely affect intersection operations.
Long -Term Buildout
The Long -Term Buildout and Buildout Plus Project analysis applied the same
analysis methodology as set forth above and shows that all study intersections
operate acceptably at LOS D or better under Buildout and Buildout Plus Project
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conditions. Table 2 of the October 2019 analysis (Attachment J), reproduced
below in Figure 13, illustrates this conclusion.
Figure 13 - Long -Term Buildout and Buildout Plus Project LOS
The supplemental traffic memorandum also notes that the initial traffic analysis did
not assume occupancy of the K -mart building in its Existing Plus Project
intersection LOS analysis because there was no proposal to reoccupy the building.
To provide a more conservative analysis, the supplemental memorandum added
estimated trips that could be generated by the 105,319 -square foot K -mart parcel
to the study intersections, assuming full retail occupancy and with the proposed
gas station addition in place. With the addition of K -mart -generated vehicle trips
to existing counts and Costco fuel station trips, the supplemental memorandum
concludes that all study intersections would still operate at LOS A or B, as shown
in Figure 14.
Note. 1. Planned and funded intersection improvements at this location are assumed under Existing Conditions.
Figure 14 - Existing Plus/Project Plus LOS with K -mart
The supplemental memorandum also provided a comparative analysis between
the proposed gasoline station at Tustin Ranch and the existing Tustin District
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Costco gasoline station location (Attachment J — page 3 of supplemental
memorandum dated June 24, 2019).
Fuel Area Layout.
The proposed gasoline station is in the southeastern portion of the Costco parking
lot. Per the applicant, this location was selected because it is farthest away from
the main entry to the shopping center and has sufficient land area to allow for the
four dispenser -wide by four (4) dispenser -deep Southern California layout.
The proposed gas station addition would provide a total of 32 fueling positions.
The queueing area beyond the pumps extending towards the parking area
measures approximately 110 feet in length. Figure 2 of the initial traffic analysis
(Attachment G) illustrates the queue storage area, which holds 32 vehicles in
queue in addition to the 32 vehicles at the fueling positions. Under the Existing
Plus Project scenario, vehicular queueing data has been collected at other
representative Costco gasoline fueling station sites to provide reliable information
related to the anticipated queues for the proposed station. For purposes of this
analysis, queueing data collected in 2016 and 2017 was gathered from six (6)
Costco gasoline sites each having 22 or more fueling positions. Using this data,
the 95th percentile queue was selected (also industry standards) and the proposed
stacking/queueing plan(s) were developed for the project.
A detailed queueing management plan was developed by the applicant and
incorporated into the analysis to accommodate peak demand scenarios at the
gasoline station. The plan is illustrated in Figure 3 of the initial traffic analysis
(Attachment H) and includes the following measures:
• Using cones/delineators limit access to the fuel station from the north entry.
This would provide additional queueing space for vehicles in the north -south
drive aisle.
If queues cannot be managed by the strategy shown in Figure 3 of the initial traffic
analysis (Attachment H), the northbound right tum into the parking aisle adjacent
to the fuel station would be closed using bollards or similar retractable device to
route members to the next parking aisle to provide more queueing area prior to
affecting street operations (shown in Figure 4 of the initial traffic analysis or
Attachment 1). Both queue strategies would be implemented when the queue
reaches the fuel station exit. In addition to both queue management plans, the
City has required that during peak demands, three (3) on-site traffic attendants will
be present to guide and direct traffic which will mitigate any potential impacts to a
less than significant level.
The additional demand and resultant queueing shown in Figures 3 and 4 of the
initial traffic analysis (Attachments I & J) is not anticipated with the fuel station
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Page 24
addition and is shown only to illustrate how the management plan would operate
under extreme or unusual conditions. Implementation of this plan under such
circumstances will ensure that impacts of queued vehicles on access and
circulation within the project site and the rest of the shopping center would be less
than significant.
The gas station addition would be equipped with a red-light/green-light system to
indicate which pump was open and available to the next person in line. This
system improves efficiency and helps shorten lines to waiting members. In
addition, CostcoPay would be in place at the station. The CostcoPay system
provides members with a key -chain fob (small device attached to a keychain) to
make payment that contains memberships and secure payment information.
Using the key -chain fob instead of membership and credit cards reduces time at
the pumps by approximately 35 seconds per transaction. The implementation of
both these devices would help reduce time at the pumps which in turn reduces
queues.
Fuel Deliveries:
As shown in Sheet DD13-08 of the initial Traffic Analysis (Attachment J) adequate
spacing for maneuverability of the fuel delivery trucks is provided on-site. Fuel
delivery trucks will be directed to use to Bryan Avenue driveway for entry to and
exit from the site.
As discussed in the supplemental memorandum (also Attachment J), truck
deliveries are not expected to affect traffic operations as only 1-2 deliveries are
expected during peak operating hours, which reduces the chances of deliveries
within non -peak hours. The project site is expected to include three (3), 40,000 -
gallon fuel tanks, which will reduce the required number of daytime fuel deliveries
(in comparison to the Tustin District Costco gas stations and other locations that
have three (3), 30,000 -gallon tanks). In addition, the remote fill location design
would allow trucks to unload without entering the pump queues, which would allow
operations to continue without interruption. As a result, impacts from fuel
deliveries would be less than significant.
Noise
As stated in the General Plan Noise Element, the City's Noise Ordinance provides
a basis for controlling excessive and disturbing noise from stationary sources such
a construction activity, industrial plants, pumps, compressors, refrigeration units,
etc. The ordinance provides specific noise standards to be applied for various land
uses for both daytime and nighttime hours, prohibits certain noise sources, and
describes the manner in which the noise standards are to be enforced.
In particular, the noise ordinance specifies certain exterior and interior noise
standards for different categories of lands uses, and regulates certain categories
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Page 25
of specific disturbing noises. Per TCC Section 4613, residential properties are
designated as Noise Zone 1 and commercial properties are designated Noise
Zone 2. Based on these designations, any proposed uses and activities are
evaluated to ensure that they do not exceed specific noise standards. The location
of the proposed use is surrounded by an existing retail commercial area and is not
located immediately adjacent to any sensitive uses. The nearest residential use is
approximately 640 -feet to the north (across Bryan Avenue) and approximately
1,350 -feet away to the west of the subject property. As conditioned, any noise
generated by the proposed gasoline station, including any construction, would
adhere to the Tustin Noise Ordinance and General Plan Noise Element.
TCC Section 4616 clarified regulatory requirements for noises generated by
construction, repairing, remodeling or demolition and grading work and prohibits
such work between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday
and 5:00 p.m. and 9:00 a.m, on Saturdays and during all hours Sundays and city
observed federal holidays. Trucks, vehicles and equipment that are making or are
involved with material deliveries, loading or transfer of materials, equipment
service, maintenance of any devices or appurtenances to any construction project
in the City shall not be operated on or adjacent to said sites outside of the approved
hours for construction activity.
In addition, the following activities are exempted from the Noise Ordinance
pursuant to TCC Section 4617:
• Noise sources associated with construction, repair, remodeling, or grading or
any real property between the hours of 7:00 a.m. and 6:00 p.m. Monday
through Friday and the hours of 9:00 a.m. and 5:00 p.m. on Saturdays,
excluding city observed federal holidays are exempt from the Noise Ordinance
pursuant to TCC Section 4617.
Noise sources associated with maintenance of real property are also exempt
provided said activities take place between the hours of 7:00 a.m. and 6:00
p.m. on any day except Sunday or city observed federal holidays, or between
the hours of 9:00 a.m. and 6:00 p.m. on Sunday or city observed federal
holidays.
The proposed project is located along major commercial thoroughfare and the
proposed hours of operation and operation of the fuel station would be compatible
with the surrounding area. The project will be required to comply with the City's
noise standard. Generally, doubling of traffic volumes could result in a perceptible
increase in traffic noise. As shown in the Traffic Analysis, the proposed project
would not generate sufficient traffic to result in a doubling of traffic volumes. The
City's Traffic Engineer has reviewed and accepted the submitted traffic analysis.
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Accordingly, the proposed project's impact from noise would be less than
significant.
Air Quality
The following air quality impact analysis summarizes and incorporates the
information set forth in the initial CaIEEMod Pollutant and Emissions Analysis
dated July 2, 2019 (Attachment Q) and the Memorandum Re: Air Quality and
Greenhouse Gas Emissions for the Construction and Operation of the Gasoline
Dispensing Facility at Costco Tustin Ranch prepared by Ramboll US Corporation
(Ramboll), dated September 11, 2019 (Attachment R).
The Air Quality analysis provides an air quality and greenhouse gas emissions
assessment of the proposed project in compliance with the requirements of CEQA.
Specifically, emissions of criteria air pollutants (CAP) and greenhouse gases
(GHG) associated with construction and operation of the project were estimated in
order to evaluate if the project would cause significant air quality impact. The Air
Quality analysis concludes that the proposed project would not cause significant
air quality or GHG impacts. A brief description of the methodology and results of
the analyses are provided below in the following sub -sections.
Methodology
Ramboll developed CAP and GHG emission inventories for the construction and
operation of the proposed project. Sources of construction emissions related to
the proposed project include off-road equipment, fugitive dust, off-gasing from
paving, architectural coatings, and off-road mobile sources. The proposed project
would also generate emissions during operation from area sources (architectural
coatings, consumer products and landscaping), energy sources (natural gas and
electricity), and mobile sources (passenger cars and fuel delivery trucks).
Ramboll utilized the California Emission Estimator Model version 2016.3.2
(CaIEEMod) to quantify the CAP and GHG emissions associated with construction
and operation of the proposed project. CaIEEMod is a statewide program
designed to calculate both criteria and GHG emissions from development projects
in California. CaIEEMod is based on California Air Resources Board (CARB)
approved Off -Road and On -Road Mobile -Source Emission Factor models
(OFFROAD and EMFAC, respectively) and is designed to estimate construction
and operational emissions for land use development projects and allows for the
input of project specific information. (Attachment R).
Air Pollutant Emissions
Table 1 to the Air Quality analysis presents the maximum daily CAP emission
estimates from construction of the proposed project for calendar years 2019 and
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2020. As shown in this table, the construction emissions for the proposed project
are less than the SCAQMD mass daily significant thresholds for all pollutants.
Therefore, impacts would be less than significant.
Table 2 to the Air Quality analysis presents the maximum daily CAP emission
estimates from proposed project operation. As shown in the table, the operational
emissions for the proposed project are less than the SCAQMD mass daily
significance thresholds for all pollutants. Therefore, impacts would be less than
significant.
Localized Ambient Air Quality
Ramboll evaluated the localized ambient air quality impacts from on-site
construction and operational activities for carbon monoxide, nitrogen dioxide,
particulate matter less than 10 -microns (PM10) and particulate matter less than
2.5 -micron (PM 2.5) using SCAQMD's localized significance thresholds (LSTs)
methodology. As shown in Table 3 of the Air Quality analysis the proposed
project's related emissions would not result in an exceedance of SCAQMD LSTs.
Hence, the proposed construction and operational activities do not result in a
significant localized impact for air quality.
Greenhouse Gas Emissions
Table 4 to the Air Quality analysis presents the annual average GHG emissions
associated with construction and operation of the proposed project. One-time
emissions from construction were annualized over a 30 -year period and summed
with operational emissions for comparison to the SCAQMD draft Tier 3 screening
threshold for commercial projects of 3,000 metric tons carbon dioxide per year. As
shown in Table 4, the proposed project -related GHG emissions are estimated to
be below the draft screening threshold. Hence, the proposed project would not
cause a significant GHG impact.
Regulatory Compliance Measures
The applicant must obtain approval from the SCAQMD prior to the issuance of the
building or grading permits, and must comply with all SCAQMD regulations and
obtain a Permit to Construct (PTC) and Permit to Operate (PTO) with respect to
the proposed project.
In addition to the analysis set forth in the Air Quality analysis, compliance with
these regulatory compliance measures will ensure that construction and operation
of the proposed project would not cause any significant impacts to air quality.
Similarly, the analysis also concludes that the proposed project would not cause a
significant air quality or greenhouse gas impact.
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Page 28
Hydrology & Water Quality
Fuscoe Engineering, Inc. prepared a Final Hydrology Report for the proposed
project, dated May 2019 which concludes that the proposed inlets and storm drain
systems will be designed to be consistent with the goals and guidelines in the
Orange County Hydrology Manual and the Orange County Local Drainage Manual
and that they will be constructed in a manner that minimizes the impact of the
proposed storm flow to the existing surrounding area and neighborhood while
providing safe and adequate drainage operation for the project. No significant
impacts regarding stormwater would result from the proposed project.
Fuscoe Engineering, Inc. also prepared the Final Water Quality Management Plan
(WQMP) for the proposed project (last updated June 12, 2019). The WQMP
identifies site design Best Management Practices (BMPs), as well as Low Impact
Development BMPs and source controls in order to reduce pollutants in storm
drain discharges. The submitted WQMP for the proposed project was reviewed
by City staff and demonstrated compliance with the requirements of State Water
Quality Regional Control (SWRCB) and other Federal, State and local regulations
relative to water quality and drainage. As conditioned, the applicant must also
record a covenant binding current and future owner(s) of the property regarding
implementation and maintenance of the structural and non-structural BMPs as
specified in the approved WQMP. Consistent with the Hydrology Report and
WQMP, implementation of these regulatory compliance measures will ensure that
the proposed project will not cause a significant impact to water quality.
(e) The project site can be adequately served by all required utilities and public
services.
The project site is located in an urbanized area within a 2.38 -acre portion of an
existing shopping center and does not involve the construction of any new
buildings aside from the equipment enclosure containing the gas station equipment
controllers and new canopy. Additionally, the infrastructure for the utilities
required to serve the proposed project are already in place and serve the shopping
center.
The proposed project has no residential component and there will be one (1) or
two (2) regular employees, and therefore can be adequately served by the existing
police and fire services, schools, parks, libraries along with all required utilities and
public services and satisfies condition (e) for a Class 32 Exemption.
Class 32 Exemption Exceptions:
Section 15300.2 of the State CEQA Guidelines provides exceptions to the Class 32 Exemption
depending on the nature and location of the project, including the following:
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1. The project and successive projects of the same type in the same place will result
in cumulative impacts;
There are no known related projects in the vicinity of the project site that will result in
cumulative impacts with respect to traffic, noise, water quality and utilities and public
services. If the vacant K -mart building were to be fully occupied, which may be the
nearest and most realistic future project to the project site, all study locations would
continue to operate at acceptable levels of service. Given the excess capacity at the
studied intersections, operation of the proposed project with any other projects would not
result in cumulative traffic impacts.
Regulatory compliance measures for noise will ensure that the proposed project's
potential to contribute to substantial cumulative noise levels from construction or
stationary sources during operation would be less than significant. As stated previously,
a doubling of traffic volumes results in a perceptible increase in traffic noise. Per the
traffic analysis, the proposed project would not generate sufficient traffic to result in a
doubling of traffic volumes. As shown in the supplemental traffic analysis memorandum,
a possible reuse of the K -mart building would not generate sufficient trips that, coupled
with the proposed project's trips, would result in a doubling of traffic volumes. As a result,
cumulative noise levels from traffic would be less than significant.
Cumulative air quality impacts from construction and operation of the proposed project,
based on SCAQMD guidelines, are analyzed in a manner similar to project -specific air
quality impacts. According to SCAQMD, individual development projects that generate
construction or operational emissions that exceed the SCAQMD recommended daily
thresholds for project -specific impacts would also cause a cumulatively considerable
increase in emissions. As discussed previously in this report, because the construction -
related and operational daily emissions associated with the proposed project would not
exceed the SCAQMD's recommended thresholds, thus the proposed project's
emissions would not be cumulatively considerable. Therefore, cumulative air quality
impacts would be less than significant.
As discussed previously, the proposed project would not result in any significant water
quality impacts. Like the proposed project, any other future projects in the vicinity would
be required to implement stormwater Best Management Practices (BMPs) pursuant to
WQMPs. Mandatory structural BMPs in accordance with the NPDES water quality
program would result in a cumulative reduction of surface runoff, as the development in
the vicinity of the project site is limited to infill development and redevelopment of an
existing urbanized area. As a result, through means of regulatory compliance by the
proposed project and for any other projects in the vicinity, cumulative water quality
impacts would be less than significant.
As noted above, the proposed project is consistent with the General Plan and ETSP, the
project site is served by existing utilities infrastructure, and the proposed project is not
expected to result in significant new demand for public services. Adequate capacity
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exists to serve the proposed project, and it would not result in any significant cumulative
impacts associated with utilities or public services.
2. There are unusual circumstances creating the reasonable possibility of
significant effects;
As stated previously in the analysis herein, there are no unusual circumstances that exist
in connection with the proposed project or surrounding environmental conditions that
have the potential to result in significant environmental impacts. The project site is
located within an urbanized area of Tustin within the ETSP area and is consistent with
the existing physical arrangement of the properties within the vicinity of the site. The
proposed project constitutes infill development within a portion of the existing commercial
shopping center. The project site is zoned PC -MU, has a General Plan land use
designation of PCCB, and the ETSP land use designation for the project is Mixed -Use.
As conditioned, the proposed project is consistent with permitted land uses, density,
height and development regulations of the ETSP which contains the governing
standards and regulations for the project site. There are no features of the proposed
project, such as to its size or location, that distinguish it from others in the exempt class.
No unique or unusual circumstances exist with respect to the proposed project that
would give rise to a reasonable possibility of a significant effect upon the environment.
3. The project may result in damage to scenic resources, including but not limited
to, trees, historic buildings, rock outcroppings, or similar resources, within an
officially designated scenic highway;
The project site is not located within or bordered by the viewshed of any designated
scenic highway as referenced in the City's General Plan or in the Orange County,
California Scenic Highway Plan. Roadways immediately adjacent to the project site; EI
Camino Real, Bryan Avenue, Myford Road or Tustin Ranch Road are not designated as
a scenic highway. There are no protected trees or unique geologic features on the site.
As a result, the proposed project would not damage any scenic resources within an
officially designated scenic highway.
4. The project is located on a site that the Department of Toxic Substances Control
and the Secretary of the Environmental Protection have identified, pursuant to
Government code section 65962.5, as being affected by hazardous wastes or
clean-up problems; or
The Phase I Environmental Site Assessment (ESA), prepared by Kleinfelder, dated
November 29, 2018, Kleinfelder reviewed the Department of Toxic Substances Control
(DTSC) EnviroStor website for available files pertaining to the project site and adjoining
properties. Neither the project site or adjoining properties are listed in the database. Per
the ESA, the project site is not listed for cleanup, permitting, or investigation of any
hazardous waste contaminations on any of the lists published pursuant to Government
Code Section 65962.5. Therefore, the project site is not located on a site that the DTSC
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 31
and the Secretary of the Environmental Protection have identified as being affected by
hazardous wastes or clean-up problems.
5. The project may cause a substantial adverse change in the significance of an
historical resource.
Based upon information contained within the Phase I Environmental Site Assessment,
the project site was historically used for agricultural purposes between at least 1938 and
1985. The project site consists of a surface parking lot as well as the existing Goodyear
Tire Center building. The building was constructed as an automobile service center in
1997 and has operated under several different names. There are no known historical
resources on the project site. The immediate surroundings of the project site is
developed with a shopping center and other commercial uses. There are no historical
resources located in the vicinity of the project site. Therefore, the proposed project would
not cause a substantial adverse change in the significance of an historical resource.
APPEAL:
Attachment P includes a written letter identifying reasons for the appeal. Below are staff
responses on each of the items identified in the appeal letter.
Appellants Comment 1: The project is over five (5) acres in size and the CEQA
exemption (Section 15332, Class 32) is incorrect.
Staff Response: As shown in Figure 1 and Attachment C (submitted plans), the site is
located within a portion of an existing shopping center in an urbanized area of the ETSP
area and is entirely surrounded by urban uses. The project site (consisting of the area
where the fueling station and landscape screening will be constructed and where the
existing Goodyear Tire Center building will be demolished and restriped with surface
parking) has a total area of approximately 2.38 acres. No new development or
construction activity related to the proposed project will occur in the other portions of the
shopping center, including the existing Costco Warehouse, former K-mart/Ansar Gallery
retail space, and other pad parcels, nor will the existing operations at these uses change
as a result of the proposed project. These uses and areas are part of the existing
environmental baseline and are not part of the proposed project. The total project area
is approximately 2.38 acres, which is less than 5 acres in size and therefore qualifies as
a Class 32 Exemption under CEQA.
Appellants Comment 2: The added traffic, congestion and the number of vehicles
waiting in line (idling) will create very unhealthful air and affect the quality of life to those
that live and work nearby.
Staff Response: Traffic, circulation, vehicle queueing, air quality and greenhouse gas
emissions were analyzed in technical reports submitted by the applicant and discussed
in further detail in the CEQA environmental section of this report. The technical reports
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 32
have determined that there would be less than significant impacts in these areas.
A Health Risk Assessment (HRA) was also prepared to assess potential health risks to
residents in the vicinity from toxic air contaminants (TACs) emitted during project
operation. The HRA, which was prepared in accordance with the current version of the
SCAQMD risk assessment procedures, assessed all potential Project TAC emission
sources, including but not limited to gasoline dispensing, idling of vehicles queuing at the
pumps, and passenger car/fuel delivery truck travel in the vicinity of the gas station. The
HRA shows that potential health risks would be well below the applicable SCAQMD
significance thresholds; therefore, impacts from project TAC emissions would not be
significant (Attachment S).
Appellants Comment 3: The street width is not adequate to accommodate an additional
right turn lane from EI Camino Real onto the property.
Staff Response: Currently EI Camino Real has 80 feet of public right-of-way (roadways,
plus sidewalk and landscaping). The existing roadway width is 64 feet and the additional
right turn lane from EI Camino Real onto the property can be accommodated by narrowing
each of the existing lane widths to approximately 10-11 feet wide. The street width and
proposed additional lane configuration has been reviewed and approved by the City's
Traffic Engineer.
Appellants Comment 4: The Planning Commission approved the project without taking
any ,considerations to quality of life issues.
Staff Response: The Planning Commission held two (2) separate public hearings (June
11, 2019 and July 9, 2019) for the project and took public comments/testimony on both
occasions. The public hearing held on July 9, 2019 was a continuation of the June 11,
2019 meeting whereby additional questions and concerns raised by the Commission and
the public on June 11, 2019 were addressed. The applicant submitted an air quality
analysis (utilizing CalEEMod to quantify emissions) that provides an air quality and
greenhouse gas emissions assessment and a traffic analysis that compared The District
Costco location with the proposed site, intersection LOS analysis, information on fuel
truck deliveries, anticipated hours of operation and information on anticipated gas
queues. The submitted HRA assessed emission sources from idling of vehicles
queueing at the pumps and vehicle travel within the vicinity of the proposed project and
shows that potential health risks are below applicable thresholds. The submitted traffic
analysis included two (2) queue management plans both of which would be implemented
if and when the fuel queues extend beyond the fuel station exit. The City's Traffic
Engineer has read, reviewed and accepted the traffic analysis for the proposed project.
Both proposed queue management plans, depending on the need that will be generated,
will adequately address the proposed project. Based upon analysis of the site, its
proposed operation and the submitted technical studies and health assessment
associated with the project, the proposed use is' not anticipated to create any significant
impact.
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 33
PUBLIC COMMENTS:
As stated previously, during both Planning Commission public hearings there were public
comments that expressed support as well as opposition to the proposed project. At the June
11, 2019 Planning Commission meeting, ten (10) public speakers provided comments; eight (8)
were opposed and two were in support of the project. At the July 9, 2019 Planning Commission
public hearing, fifteen (15) persons spoke against and ten (10) were in support of the project.
City staff also received numerous e-mails following both hearings and leading up to the public
hearing before the City Council on October 15, 2019. All of the public comments/e-mails
received by City staff related to the proposed project are included in Attachment U and are
summarized below:
• Concern with the demolition and removal of existing Goodyear Tire Center
• Lack of maintenance of existing parking lot within retail commercial center,
particularly the area in front of the former Ansar Gallery/Kmart space
(Costco is one of two major tenants within center)
• Parking and queueing conflicts with vehicles within proposed gasoline
station and existing parking lot
• Increase in traffic and congestion on Bryan Avenue and EI Camino Real
• Impacts to other business owners and other gasoline station operators
• Hours of operation
• Fuel deliveries — timing and frequency
• Noise and exhaust fumes from proposed gasoline station
• There is a need for a new Costco gas station
• New location will reduce demand at the District location
• Most residents live closer to Tustin Ranch and the new location would
reduce traffic and eliminate the need to travel to the District
• Existing Costco District location is a traffic mess
• Queueing problem at District will be repeated at proposed project
• Adequate circulation area exists at site; queueing problem at District will
not be repeated
• High quality gas will be provided at cheaper price
• Project will bring additional jobs to community
• Project takes away business from surrounding smaller gas stations
• Proposed gas station is convenient location for Tustin Ranch
• Proposed gas station would reduce commute times for buying gas
• Demolition of Goodyear Tire Center and building new Costco gas station
would improve shopping center & attract other business to area
• EI Camino property a blight in community; homeless concerns
• Planned enhancements to intersection and traffic light synchronization
should alleviate existing and future congestion
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 34
• Concern about environmental analysis and classification of project as
"Class 32 — Infill" CEQA Exemption
• Closure of Costco if gas station is not provided
• Costco gas station and warehouse combination makes for a more rational
shopping experience (one-stop)
• Idling vehicles and air pollution
• Financial impact to property values
• Increased revenue for City of Tustin
• Improve shopping center security
FINDINGS:
In determining whether to approve the CUP for the project, the City Council must determine
whether the proposed use would be detrimental to the health, safety, morals, comfort, or
general welfare of the persons residing or working in the neighborhood, 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.
1) That pursuant to Sections 3.8.2 and 3.7.2.A.1.0 of the ETSP, the Specific Plan
allows for service stations with the approval of a CUP.
2) That pursuant to TCC Section 9291 c, the Planning Commission is authorized to
act on CUPs and impose conditions deemed necessary to protect the public
interest and ensure compliance with the General Plan. The Planning
Commission approved CUP 2018-00018 by adopting Resolution No. 4385 on
July 9, 2019.
3) That on July 19, 2019, an appeal was filed by Charlie Mazza, local homeowners
and local businesses. Pursuant to TCC Section 9294b, the City Council shall
conduct a public hearing on the item and that the hearing shall be de novo.
4) That the proposed use, as conditioned, would not be detrimental to surrounding
properties in that the scope of operations for the proposed service station would
be compatible and provide support services for the uses in the area. The project
site is located within an urban area of Tustin on a 2.38 -acre portion of an existing
shopping center where existing infrastructure and support services are already
in place. The uses surrounding the project site include the remainder of the
shopping center, the adjacent Tustin Auto Center auto dealerships,
condominiums and single-family residences. The proposed project does not
involve the construction of any new buildings aside from the equipment enclosure
containing the gas station equipment controllers and an overhead canopy. The
project site is zoned PC -MU and has a General Plan designation of PCCB which
provides opportunities for a mixture of all the activities permitted within
commercial land use designations in the City. The proposed project is consistent
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 35
with the ETSP and the required conditional use permit will ensure that the
proposed gas station use is consistent with the City's development policies and
compatible with the surrounding land uses. Technical reports for traffic, air
quality, health risk, greenhouse gas emissions, and water quality have been
submitted demonstrating that the proposed project will not cause a significant
impact in any of these areas. The project will be required to comply with the City's
Noise Ordinance. A Phase 1 Environmental Site Assessment was also prepared
and concluded that the project site is not listed for cleanup, permitting, or
investigation of any hazardous waste contamination on any of the lists published
pursuant to Government Code Section 65962.5 and that there are no historical
resources on the project site.
5) That the proposed use is not anticipated to result in parking impacts since the site
provides more than the TCC required number of parking spaces to service the
existing shopping center and proposed use. Demolition of the existing Goodyear
Tire Center building will be replaced with additional parking spaces that will
continue to provide adequate parking for the shopping center.
6) That the proposed use is not anticipated to result in queueing or circulation
impacts as the project has two (2) queue management plans to accommodate
potential queueing demands. If queues cannot be adequately managed by the
strategies in the plan, closure of the northbound right turn lane with retractable
bollards and re-routing of customers to the next parking aisle will be
implemented. In addition to the queuing management plans, the project has
been conditioned to provide three (3) on-site traffic attendants to guide and direct
traffic. Through a combination of queueing plans and manned personal for traffic
guidance, the use will not impact circulation on the site or within the existing
shopping center.
7) That the proposed project adequately addresses anticipated off-site traffic
through the installation of a new westbound right turn lane along EI Camino Real
into the Costco Warehouse parking lot at the intersection of Auto Center Drive
and EI Camino Real and lane restriping along EI Camino Real to accommodate
the new vehicle lane. The existing EI Camino Real roadway width is 64 feet and
the additional right turn lane can be accommodated within this roadway by
narrowing each of the existing lane widths to approximately 10-11 feet wide. The
street width and additional lane configuration has been reviewed and approved
by the City's Traffic Engineer.
8) That the proposed use would not create a noise impact on the surrounding
neighborhood since the service station would be subject to the Tustin Noise
Ordinance and General Plan Noise Element. The ordinance provides specific
noise standards to be applied for various land uses for both daytime and nighttime
hours, prohibits certain noise sources, and describes the manner in which the
noise standards are to be enforced. The proposed project is located along a major
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 36
commercial thoroughfare, and the proposed fuel station would be compatible with
surroundings uses in that the scope of operations would be compatible with other
commercial uses in the area. Through regulatory compliance, noise impacts from
project construction and onsite sources during operation would be less than
significant.
9) That the construction and operation of the gasoline station will operate within the
requirements of the SCAQMD and the project has been conditioned to comply
with SCAQMD air quality standards and all required permits. The submitted air
quality and greenhouse gas (GHG) emissions analysis have determined that the
proposed project would not cause significant impacts relative to GHG emissions
or air quality.
10) That the proposed use would not be detrimental to the surrounding properties in
that the hours of operation of the instruction would be consistent with the general
business hours of other businesses within the surrounding vicinity. The proposed
project constitutes infill development within an approximate 2.38 -acre portion of an
existing commercial shopping center. The area is urbanized and is consistent with
the physical arrangement of other properties within the vicinity of the project site.
In determining whether to approve the DR for the project, the City Council must determine
whether it can be found that the size, architectural features and general appearance of the
proposal will not impair the orderly and harmonious development of the area, the present or
future development therein, or the occupancy as a whole. A decision to approve this
request may be supported by the following findings:
1) That the location, size and general appearance of the proposed service station,
canopy and equipment enclosure is compatible of the existing structures and
surrounding area in that the proposed improvements, including the canopy, is
proportionately sized for the site.
2) That as conditioned, the applicant will be required to submit a Master Sign Plan.
3) That the height, bulk, and area of proposed use is compatible with the existing
Costco warehouse building.
4) That the setbacks and site planning have been thoroughly evaluated in that the
proposed project location, layout and proximity to the existing Costco Warehouse
building has been analyzed and the proposed project complies with the
requirements established in the ETSP.
5) That the exterior material and colors have been reviewed for the proposed project
and they are compatible with the existing warehouse building and other retail
tenants within the shopping center.
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 37
6) That the type and pitch of roofs have been reviewed for the proposed project and
the proposed roofed canopy over the fuel pumps is compatible with the existing
warehouse building and other retail tenants within the shopping center.
7) That the parking area design and traffic circulation have been reviewed and
analyzed in that the project includes a Traffic Analysis that addressed overall on-
site circulation.
8) That the location and method of refuse storage has been adequately addressed in
that the proposed project does not propose any changes to the existing refuse
function and operation.
9) That the physical relationship of proposed structures to existing structures has been
evaluated in that the proposed canopy and small equipment will aid in the function
of the gasoline station. The canopy will be proportional in height and area to the
other buildings on the project site and within the existing shopping center overall.
The location of the equipment is ancillary to the gasoline station and will be
screened by either a wall and/or landscaping.
10) That the appearance and design relationship of proposed structures to existing
structures is consistent and compatible in that the proposed columns and colors for
the canopy and equipment enclosure will correspond with the exterior of the
existing warehouse building.
11) That the development guidelines and criteria for the ETSP Mixed -Use area as well
as the City's Service Station Guidelines adopted by the City Council have been
reviewed and incorporated into the project.
CONCLUSION:
Staff recommends that the City Council uphold the Planning Commission decision and
adopt Resolution No. 19-39, approving Conditional Use Permit (CUP) 2018-00018 and
Design Review (DR) 2018-00026 to authorize the demolition of the existing Goodyear Tire
Center and adjacent Goodyear parking area at 2541 EI Camino Real and to construct a new
16 pump Costco gasoline fuel station with canopy and related equipment at 2655 EI Camino
Rea
Erica H. Demkowicz, AICP liza eth A. Binsack
Senior Planner Director of Community Development
City Council Report
October 15, 2019
DR -2018-00026; CUP 2018-00018
Page 38
Attachments:
A. Location Map/Project General Location Map
B. Land Use Application Fact Sheet
C. Submitted Plans
D. Comparison of The District Costco and proposed EI Camino Real location
E. Hours of Operation Summary
F. Costco Property Outline Exhibit
G. Proposed Stacking Plan
H. Queue Management Plan No.1
I. Queue Management Plan No.2
J. Kittelson & Associates Traffic Analysis dated April 17, 2019, Supplemental
Memorandum dated June 24, 2019 and Long -Term Buildout Traffic Conditions
dated October 2, 2019.
K. PC Staff Report dated June 11, 2019
L. PC Staff Report dated July 9, 2019
M. PC Resolution No. 4385
N. Additional General Information provided by applicant prior to July 9, 2019 PC
hearing
O. PC Meeting Minutes dated June 11 and July 9, 2019
P. Written Appeal dated July 19, 2019
Q. CalEEMod Pollutant & Emissions Analysis dated July 2, 2019
R. Air Quality Analysis prepared by Ramboll US Corporation, dated September 11,
2019
S. Health Risk Assessment prepared by Ramboll US Corporation, dated October 4,
2019
T. City Council Resolution No. 19-39
U. Public Comments Received