Loading...
RES-10204 Adopting Mitigated Negative Declaration 1485 N. Tustin St.RESOLUTION NO. 10204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING MITIGATED NEGATIVE DECLARATION NO. 1786-07, AND APPROVING CONDITIONAL USE PERMIT NO.2647-07 AND DESIGN REVIEW COMMITTEE NO.4214-07 TO ALLOW THE REMODEL OF AN EXISTING COMMERCIAL STRUCTURE INCLUDING RELATED SITE IMPROVEMENTS TO CREATE A 52-BAY SERVICE FACILITY AS AN ANCILLARY USE TO AN EXISTING TOYOTA AUTOMOTIVE SALES BUSINESS ON A PARCEL LOCATED AT 1485 NORTH TUSTIN STREET. APPLICANT: Sauers Construction, Inc.WHEREAS, Conditional Use Permit No. 2647-07 and Design Review Committee No.4214-07 were filed by the applicant in accordance with the provisions of the City of Orange Municipal Code (OMC) requesting approval to expand the existing Toyota of Orange business to include a property directly east of the existing business across Tustin Street by remodeling the existing structure located at 1485 North Tustin Street, for use as a service facility in conjunction with the established automotive sales business located at 1400 North Tustin Street;WHEREAS, OMC Section 17.10.030.C requires the Planning Commission to hear applications of all Conditional Use Permits with the exception of those requiring City Council or Zoning Administrator review and approval; and WHEREAS, OMC Section 17.10.080 requires that the project be reviewed in accordance with California Environmental Quality Act ( CEQA) provisions and the City of Orange Environmental Review Guidelines; and WHEREAS, OMC Section 17.08.020 establishes the reviewing bodies for various discretionary applications and provides that the authority rests with the Planning Commission for final determinations on combined applications involving a Conditional Use Permit, Design Review and Mitigated Negative Declaration; and WHEREAS, the application for Conditional Use Permit No. 2647-07 and Design Review Committee No. 4214-07 was processed in the time and manner prescribed by law; and WHEREAS, on February 14, 2007, the Staff Review Committee reviewed the project including Mitigated Negative Declaration No. 1786-07 and recommended that the project proceed subject to conditions and concurred that the proposed project could not have a significant effect on the environment; and WHEREAS, on March 7, 2007, the Design Review Committee considered the design of the buildings and landscaping plan associated with the project and recommended WHEREAS, on May 7, 2007, the Planning Commission conducted a duly advertised public hearing, at which time interested persons had an opportunity to testify either in support of or opposition to Conditional Use Permit No. 2647-07 and Design Review Committee No.4214-07 and at the end of such hearing the Planning Commission approved the project; and WHEREAS, the City Council has considered the information contained in Mitigated Negative Declaration No. 1786-07, including any comments received during the public review period, and has found that the project will not cause significant adverse impacts upon the environment or wildlife; and WHEREAS, GVD Commercial Properties, Inc. (Appellant) timely filed an appeal of the Planning Commission' s decision; and WHEREAS, the City Council conducted one duly advertised public hearing on June 12, 2007, to consider the appeal, along with Mitigated Negative Declaration No. 1786-07,Conditional Use Permit No. 2647-07 and Design Review Committee No. 4214-07 to allow the remodel of an existing commercial structure including related site improvements to create a 52-bay service facility as an ancillary use to an existing Toyota automotive sales business upon property generally described as follows:PARCEL 1, AS PER MAP FILED IN BOOK 79, PAGES 16 AND 17 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY;WHEREAS, the City Council heard approximately two hours of extensive testimony,reports and comments from both the Appellant and Applicant; and WHEREAS, the Appellant is an adjacent commercial property owner which contended that an Environmental Impact Report was required for the project and contended, among other things, that the project would have a significant impact on global warming, on local and regional air quality, traffic, parking, and noise and that the Planning Commission failed to exercise independent judgment and Appellant's due process rights were violated; and WHEREAS, the Appellant was the only member of the public that appeared at the City Council meeting to oppose the project; and WHEREAS, based on a review of the administrative record as a whole the City Council finds as is morespecifically described in Section I - Findings below, that there is not substantial evidence in the record to support a finding that the project may have a significant impact on the environment.NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange adopts Mitigated Negative Declaration No. 1786-07, and approves Conditional Use Permit No. 2647-07 and Design Review Committee No. 4214-07 to allow the remodel of an existing commercial structure including related site improvements to create a 52-bay service facility as an ancillary use to an existing Toyota SECTION 1 - FINDINGS A. Mitigated Negative Declaration A mitigated negative declaration is appropriate for a project when the initial study has identified potentially significant effects on the environment but revisions made to the project would avoid the effects or mitigate the effects to a point where clearly no significant on the environment would occur and there is no substantial evidence in the record that the project may have a significant effect on the environment.I. Parking Appellant' s legal counsel contended that parking problems existed from the Applicant's employees parking on Van Owen and on its neighboring property, but no evidence was brought forth to support that contention, not even a declaration of the property owner. In contrast, City staff presented evidence that neither its code enforcement or police parking enforcement had received any calls over the last year concerning traffic and parking on Van Owen.Notwithstanding this, a condition was added which requires the Applicant to adopt an enforceable administrative policy that requires its employees to park on site. In addition, the project requires the Applicant to provide all parking required by the OMC for the proposed use and to correct an existing parking deficiency of approximately 23 parking spaces on the automobile dealership lot.2. Traffic Impacts on Van Owen Appellant' s legal counsel contended that the project would cause significant traffic impacts on Van Owen, but again no evidence was brought forth to support that contention. In contrast, the record contained evidence that Van Owen has a capacity of ten thousand vehicles a day and that using the worst case scenario post-project, traffic on Van Owen would only be 2,628 vehicles a day or about 25% of its capacity. Van Owen operates at a Level of Service (LOS) A and the traffic analysis concluded it will continue to operate at LOS A post project. 3. Noise Studv Appellant contended a noise study was not done for the project, but the record includes a clear and lengthy description of a noise study and in addition, includes 10 noise mitigation measures. 4. Cumulative Traffic Impacts The Appellant submitted a critical review of the MND's traffic analysis from Craig Neustaedter (TEP Report). The TEP Report contained several errors, including the conclusion that a recently approved Arco gas station expansion project on Katella Avenue would "add approximately 2400 vehicle trips per day" and thus, that a cumulative traffic impact study acknowledging those trips was required. The evidence established conclusively that the 2400 trips related to the total number of trips to and from the expanded Arco gas station; that an Arco gas station already existed on the site and as such, many of the estimated 2400 post- expansion trips already existed; that the total number of trips to the expanded Arco gas station was actually estimated at between 1200 and 2400 per day; and that gas stations, including this 3 one, were not destination points, i.e., users of the Arco gas station were typically comprised of traffic that would be passing by the gas station in route to a different destination. In any event, even assuming that the Arco project did generate additional traffic trips in the area, they were accounted for by the traffic study's I % per year traffic growth rate that was applied to every turning movement at each ofthe study intersections. 5. Land Use Categorv to Calculate Traffic Generation The TEP analysis criticizes the traffic impact study for using the category of Automobile Care Center in determining the project's trip generation rates and concludes that the category of new car sales should be used instead. Of the two categories, substantial evidence was received that that Automobile Care Center describes the project much more accurately than new car sales. The project site is already used for storage of new car inventory and no expansion of new car sales was proposed for the project nor was any evidence submitted that the project would even increase new car sales. 6. Local Emissions Appellant's attorney leveled several criticisms of the assumptions in the air quality analysis but provided no expert testimony to support his critique. One such criticism was that the assumption that construction vehicles would operate only seven hours a day understated the number of hours construction vehicles would actually operate. Appellant's criticism was based solely on the arguments of Appellant's attorney without any supporting qualified expert or other substantial evidence. However, substantial evidence was submitted by the environmental consultant that the assumptions in the air quality analysis were appropriate which evidence included restrictions on hours of operation imposed by the Orange Municipal Code. Appellant's attorney voiced a concern about the localized emission from the project's estimated one thousand and forty additional daily trips, but provided no substantial evidence that the project would exceed the applicable SCAQMD significance thresholds. It was pointed out that 48,000 daily vehicle trips currently pass by the Appellant's property on Katella Avenue alone. The air quality analysis presented substantial evidence that there was no significant impact on localized emissions thresholds as established by SCAQMD. 7. Regional Emissions/Global Warming Appellant's legal counsel contended that off-site emissions related to delivery/haul truck trips and construction worker commute trips were not accounted for. However, the MND clearly states, "regional emissions included localized emissions."Appellant claims that no analysis was done of global warming and that the project would have a significant impact on global warming. Initially, Jones & Stokes, the environmental consultant for the project did analyze the project's impact on global warming in response to this contention and noted that the most likely source of greenhouse gas emissions (which many scientists believe causes global warming) from the project would be from vehicle miles traveled. The environmental consultant noted that the project would provide a new service repair facility and in all likelihood, if anything, reduce the number of vehicle miles traveled based on the fact that people need to get their cars serviced somewhere and this facility would offer another choice. It is common knowledge that convenience is a significant factor in where people get their cars serviced and it would follow that another alternative for service repair would reduce, rather than increase, the number of miles people will drive to have their cars serviced. Other than state that the Jones & Stokes analysis was faulty, Appellant did not produce any expert opinion, facts or fact-based assumptions to support its contention that this conclusion was faulty or that the project would otherwise cause greenhouse gases to increase.There are currently no significance thresholds or criteria for establishing what constitutes a significant effect on global warming and trigger the need for an environmental impact report.However, the air quality analysis concluded that the project would not have a significant effect on mass regional emissions finding that they would be below the SCAQMD's daily significance thresholds for new development. Based on this, it is simply not credible that this project, which does not have a significant effect on mass regional emissions and may actually reduce greenhouse gases from automobiles, would have a significant effect on global emiSSIOns.8. Credibilitv of Appellant Appellant contended that the project should be denied because of an unfounded allegation that a noise study required of the Toyota of Orange dealership when it first opened 20 years ago had not been completed. Such unreasonable contentions by Appellant, along with Appellant' s shotgun and shifting presentation that was peppered with misstated facts, allegations of studies not done that were clearly done, often completely unsupported contentions, and overreaching,evidenced a willingness to contrive and mislead which undermined the credibility of the presentation.B. Conditional Use Permit 1. A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community.The Land Use Element of the City's General Plan encourages a well-balanced community be provided one which provides a broad range of housing and business opportunities as well as recreational, institutional and cultural activities that enhance the overall living environment. The proposal to expand the existing Toyota Automotive Sales and Related Service Activities type of business by remodeling an existing commercial structure that is currently unoccupied will provide an enhanced business opportunity within this portion of the City's Redevelopment Project Area. The proposal is consistent with the City's General Plan.2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located.The proposed use will occur entirely within an enclosed space within an existing structure without any openings related to the actual service repair areas facing towards the east, where an existing multiple-family residential development exists, minimizing the potential for problems associated with sound from the service activities that are being conducted indoors. Further, the primary business location will not the more westerly located property with all its associated customer interaction occurring at that site, with only employees accessing the subject site. The proposal is consistent with the City's General Plan. 3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. The existing neighborhood consists of an urban environment and the proposal is consistent with the General Plan designation of General Commercial with an existing 0.24 FAR, where a maximum of 0.50 FAR is allowed. Further, this designation allows for a wide range of retail and service commercial types of uses recognizing the ready access that these areas have to major circulation routes. Parking has been distributed between the primary business location and the ancillary portion, with a greater number provided where customers will arrive to either make a purchase or obtain repairs, minimizing their interface with the multiple-family residential development located to the east or the other surrounding commercial businesses because parking and access will be controlled. The proposal is consistent with the City's General Plan.4. A Conditional Use Permit, if granted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.Conditions have been included to ensure that the use of the subject site remains ancillary to the existing Automotive Sales and Related Service Activity use to preserve the general welfare of the immediately surrounding businesses, and to the residential neighborhood to the east. Operational characteristics are also conditioned to minimize impacts. The proposal is consistent with the City's General Plan.C. Design Review The project design upholds community aesthetics through the use of an internally consistent, integrated design theme and is consistent with all adopted specific plans, applicable design standards and their required findings in that the project to remodel the existing building includes upgrades to landscaping that compliments the overall project design; new signage compatible with the building design and colors; and satisfies the objectives of the Tustin Street Design Standards for Automotive Establishments.SECTION 2 - ENVIRONMENTAL REVIEW The Initial Study for Mitigated Negative Declaration No. 1786-07 was prepared in conjunction with Conditional Use Permit No. 2647-07 and Design Review Committee No.4214-07. After examining the Initial Study and Mitigated Negative Declaration, the City Council finds that the proposed project could not have a significant effect on the environment.There is no evidence before the City of Orange that the proposed project will have any potentially adverse environmental impacts, either individually or cumulatively, on wildlife resources or the habitat upon which the SECTION 3- CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are imposed with approval: General I. Within two (2) days of final approval of this project, the applicant shall deliver to the Planning Division either a cashiers check payable to the County Clerk in an amount required to fulfill the fee requirements of Fish and Game Code Section 711.4( d)(2) and the County administrative fee, or an approved no effect finding form from Fish and Game along with the County administrative fee, to enable the City to file the Notice of Determination required under Public Resources Code 21152 114 Cal Code Regulations 15075. The amount of the fee shall be based on the current fee structure as shown in Section 711.4( d) for both the Fish and Game fee and the County Administrative fee. 2. All construction shall conform in substance and be maintained in general conformance with plans labeled Exhibit A (date stamped May 7, 2007, and made part of the file for Appeal 0518-07), and any supplemental exhibits presented to and as approved by the City Council.3. The applicant agrees to indemnify, hold harmless, and defend the City, its officers,agents and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permits, save and except that caused by the City's active negligence.4. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit.5. Prior to occupancy of the remodeled structure, all parking lot and landscaping improvements shall be completed according to the approved plans and to the satisfaction of the Community Development Director, or designee.6. All the conditions listed in City Council Resolution No. 10204 shall be reprinted on the cover sheet or first page of construction plans, including any grading plans.Mitie:ation Measures 7. The Mitigation Measures as outlined in Chapter 4 - Mitigation Monitoring Report, of Mitigated Negative Declaration No. 1786-07, noted as Nos. 8.1, 11.1 thru 11.10 shall be incorporated into the project per the established time frame and implementation monitoring schedule, and compliance shall be verified by the noted responsible monitoring agency. Demolition 8. The contractors shall employ measures to reduce the amount of construction- generated waste by developing a specific construction waste reduction plan prior to construction.The plan shall be coordinated with the recycling coordinator of the City of Orange and shall be approved by the Community Development Director prior to the issuance of a grading and/or demolition permits.9. Efforts to reduce construction and demolition waste shall include consideration of deconstruction, rather than wrecking demolition, and shall include efforts to recycle,sell, or otherwise salvage usable building materials.Buildine: Division 10. The applicant/contractor shall comply with all applicable AQMD standards and requirements during construction activity. Evidence of AQMD compliance shall be provided to the Building Division prior to the issuance of building permits.II. Developer shall pay all applicable fees prior to issuance of building permits such as:City sewer connection fee Orange County Sanitation District connection fee Transportation System Improvement fee ( TSIP)Police Facility fee Fire Facility fee Community Services Department 12. Provide note for linear root barriers for trees planted within five feet of buildings or hardscape.13. Provide City required Landscape & Irrigation Inspection Notes on plans.Desie:n Review Committee 14. The applicant may store inventory overstock at the site in either tandem rows of two-car or three-car deep.15. The applicant is prohibited from using a public address system on the subject site.16. The applicant shall submit a line-of-sight detail for the installation of any mechanical equipment on the roof to be verified at the time of building plan-check to ensure that it is not visible from the public right-of-way.17. The applicant shall provide palms as noted that have between an eight 18. The applicant shall submit final landscape and irrigation plans to the Community Services Department of the City for review and approval. Fire Department 19. An approved fire sprinkler system must be installed throughout the building per O.M.C. 15.32.070 Section 1001.10. The system shall be designed per N.F.P.A. 13, U.B.c. Chapter 9, U.B.C. Standards 9-1 and 9-2. The sprinkler system requires 24-hour superviSIOn.20. The fire department connection shall not be affixed to the building. The fire department connection must be located at least 40 feet away from the building, within 40 feet of a fire hydrant and on the address side of the building, unless otherwise determined by the Fire Department. The hydrant shall be located on the same side of the street as the fire department connection.21. Provide on-site fire hydrant(s) and mains capable of supplying the required fire flow.The hydrant model and on-site location shall be approved by the Fire Department and have a three (3) foot minimum clearance around the circumference of the fire hydrant.The on-site hydrants shall not be controlled by the control valve (P.I.V.) for the sprinkler system so that water flow to the hydrants is not impaired should the sprinkler system be shut down for any reason. (U.F. C. Sections 903 and 100 I. 7) The fire department connection shall not pressurize a hydrant. Plans must be submitted to the Building Department.22. The number and location of hydrants shall be determined by Fire and Water Departments.23. Prior to issuance of a fire service (detector check) the required water supplies for hydrants and fire sprinkler systems shall be determined and the water supplies shall be approved by the Fire Department.24. Every building shall be accessible to fire department apparatus by an access roadway of not less than 20 feet of unobstructed width having a minimum of 13 feet 6 inches of vertical clearance. The access roadway shall be extended to within 150 feet of all portions of the exterior walls of the first story of any building. U. F.C. Sections 901 and 902.25. The installation of gates, traffic calming methods and speed humps or bumps shall be reviewed by the Fire Department prior to installation.26. All streets less than 36 feet wide shall be marked and signed as a fire lane. The marking and signs shall be provided and installed per the City of Orange 27. The fire department access roadway shall be an all-weather driving surface capable of supporting the imposed loads of fire apparatus, 60,000 pounds. The access shall be designed for a three-axle vehicle. U.F .C. Section 902.2. 2.2.28. The fire department access roadway shall be provided with adequate turning radius for fire department apparatus. (A 45 foot outside and 25 foot inside radius.) U.F. C. Section 902.2. 2.3.29. All mechanical gates shall be provided with a key-operated override switches per City of Orange Ordinance 9-84. In the case of power failure the gate shall fail in the open position and shall be operable with out any special tools.30. A Fire Department approved key box for fire department access shall be installed on the address side of the building near the main entrance or fire control room at a height of 5 feet above finished grade. The Knox box shall contain keys to gain access to each building. U.F. C. Section 902.4.31. All roof coverings installed on any new or existing building or structure, shall be fire retardant U.L. listed Class A. (O.M. C. 15.36. 030)Plan nine: Division 32. Use of the subject site located 1485 North Tustin Street is limited to being ancillary to the primary Automotive Sales and Related Service Activities business located at 1400 North Tustin Street.33. Direct customer access is restricted at the subject site. Only employees of the primary Automotive Sales and Related Service Activities business located at 1400 North Tustin Street shall access and/or conduct business on the subject site located at 1485 North Tustin Street.34. All lighting on the premises shall be directed, controlled, screened or shaded in such a manner as to not shine directly onto any surrounding properties.City Council 35. Implement and enforce a written administrative policy requiring employees to park their vehicles on the Toyota of Orange property and not on Van Owen and submit such policy to the Community Development Director for approval prior to issuance of any building permits.36. No auto bodywork or painting that would constitute AUTOMOBILE REPAIR, MAJOR as defined by the Orange Municipal Code, Public Works/Water Ouality 37. Prior to the issuance of any permit, the applicant shall submit a Project Water Quality Management Plan (WQMP) for review and approval to the Public Works Department that: a. Addresses Site Design Best Management Practices (BMPs), as applicable, such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or zero discharge areas, and conserving natural areas. The front landscape area should be utilized as much as possible to treat the runoff prior to discharging into the public storm drain system. b. Incorporates the applicable Routine Source and Structural Control BMPs as defined in the Drainage Area Management Plan (DAMP). c. Incorporates Treatment Control BMPs as defined in the DAMP. d. Describes the long-term operation and maintenance requirements for structural and Treatment Control BMPs.e. Identifies the entity that will be responsible for long- term operation,maintenance, repair and or replacement of the structural and Treatment Control BMPs.f. Describes the mechanism for funding the long-term operation and maintenance of all structural and Treatment Control BMPs.38. Prior to the issuance of certificates for use of occupancy, the applicant shall demonstrate the following to the Public Works Department:a. That all structural BMPs described in the Project WQMP have been constfllcted and installed in conformance with the approved plans and specifications,b. That applicant is prepared to implement all non- structural BMPs described in the Project WQMP,c. That an adequate number of copies of the project' s approved final Project WQMP are available for the future occupiers,39. Prior to the issuance of certificates for use of occupancy the applicant shall submit an Operation and Maintenance (O&M) Plan for review and approval for all structural and treatment control BMPs to the Public Works Department. The O& M Plan shall include the following:a. A description of the structural and treatment control BMPs identified in the Project's WQMP that are to be inspected and maintained as specified in the approved project WQMP.b. Specific maintenance activities to be performed.c. The employees responsible for maintaining the BMPs and their training that qualifies them to operate and maintain the BMPs.d. The operating and maintenance schedules contained in the approved e. A copy of the forms to be used in conducting maintenance and inspection activities. f. Record keeping requirements (forms to be kept for 5 years). g. A copy of the form to be submitted annually by the project owner to the Public Works Department that certifies that the projects structural and treatment BMPs are being inspected and maintained in accordance with the project's WQMP. h. Deposits with the Public Works Department a Cash Bond in the amount equal to the annual cost of maintenance and inspection of all of the structural and treatment control BMPs identified in the approved Project WQMP. Code Provisions The following Code provisions are applicable to this project and are included for information only. This is not a complete list and other Code provisions may apply to the project: Prior to issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: City sewer connection, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Sanitation District, School District, and Eastern Foothill Transportation Corridor, as required. Expiration-If not utilized, this project approval expires two years from the approval date. An extension of time may be permitted upon a written request, if received before the expiration deadline.ADOPTED this 26th day of June, 2007 ATTEST:d/ d^--<- [{~Mary E. M, City Clerk, Ci I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 26th day of June, 2007, by the following vote:AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: Cavecche, Dumitru, Bilodeau COUNCILMEMBERS: None COUNCILMEMBERS: Smith COUNCILMEMBERS: Murphy tv. Mary E.12