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Home My WebLink About75A - 1935 EAST SEVENTEENTH SEP 29 '04 13:02 FROM:DISCOUNT TIRE CO, 480-607-5781 T-048 P.Ol/0l F-737 i~~@mO/?L1r~ 111 TtRIi GO. 20225 NORTH SCOTTSDALE ROAD · SCOTTSDALE, ARIZONA 85255 · (480) 606-6000 ~ptember 29, 2004 Clerk of the Council 20 CIVIc Center Plaza SantaAna. CA 92701 RE: America's Tire Company, 193!J 1 nn Sf. .santa Ana. CA Requestfor continuance to Council meeting of November 15, 2004 Dear Mayor and Counctl Members. America's Tire Company has worked dillgently to create a design that is compatible wtth the stnTotu'1ding shopping center and addresses all the concerns of tlle neighborhood assocJation. I have recently been noUfled that we are on your agenda for Monday October 4,2004. Unfortunately. I will be back E:ast on business amI won.t be able to attend. Given the tremendous level of personal investment in the prOject J would greatly appreCIate the opportunity to participate tn the meeting. Ado.tlonally. we are completing additional acoustic studies iIi response to concerns about noise expressed by the neighbors and should have that work completed in tile next couple of weeks. We respectfl,lUy request that you continue our case and allow us more time to wQrk With the neighbors to help them understand ~ll of the aspects of Our project. We belfeve that the COuncil meeting in mid November. l believe it Is the 15th. should give us; the necelisary time to work with the neigQbQrs so they \\1111 appreciate efforts that were taken and will support our request. Respectfully, ~ ' , Dan Wainwrtght Senior Vice President of Construction 75A-1 MAYOR Miguel A. Pulido MA YOR PRO TEM Brett E, Franklin COUNCIL MEMBERS Claudia C. Alvarez Lisa Bist Alberta D, Christy Mike Garcia Jose Solorio (~- ~I< \'.: G:~! I;: ~. " Il t(. ,l ...... t. .", \ I f{ ,: i , ''1 ~ "Ij CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy September 22,2004 Dan Wainwright Senior Vice President America's Tire Company 20225 North Scottsdale Road Scottsdale, Arizona 85255 Dear Mr. Wainwright: On September 20, 2004, the City Council considered your request for continuance of the America's Tire Company agenda item, Appeal No. 2004-06 (Conditional Use Permit No. 2004-06). The City Council took action to continue the matter to the October 4, 2004 City Council Meeting. If you have any questions or concerns, please feel free to contact me at 714-647-5235. Sincerely, Patricia E. Healy Clerk of the Council PEH:rt t: Steve Harding, Executor Director, Planning & Building Agency 20 CIVIC CENTER PLAZA, M30 . P,O, BOX 1988 E-MAIL phealy@cLsanta-ana.ca.us rS"x~2CALlFORNIA 92702 TELEPHONE (714) 647-6520 FAX (714) 647-6956 SEP 07 '04 15:52 FRO~:DISCOUNT TIRE CO. 490-607-5791 T-995 P,Ol/01 F-219 20225 NORTH SCOTTSDALE ROAD · SCOTTSDALE, ARllONA 85255 . (480) 606-6000 September 7, 2004 MS. Pat Healy City of Santa Ana 20 Civic Center Plaza sante Ana, CA 92701 OCllr Ms. Healy: Pleaee ellow thl5 letter to serve 8S our request to pastponB/cQntlnue me America's Tire Go. agenda item CI,Irrently scheduled for the City Council meeting on September 20, 2004 until the City Counc~ Meeting on November 15. 2004. We are requesting this continuance ~o that we can continue to work with the neighborhOod groups and affiliated associations. If you have any questions Or concerns please feel free to conlact me at 480/606-5755 to further diacuae. RespeatfuUy, ~ Dan Wainwright Senior Vice President 75A-3 JUL 1B '04 11 :33 FRO~:DISCOUNT TIRE CO, 490-B07-5791 T-52B P. 01/01 =_Cl'A I '-III'" t~~@Woec~f~ "IRE co. 20225 NORTH SCOTTSDALE ROAD · SCOTTSDALE. ARIZONA 85255 · (480) 606-6000 July 16, 2004 Ms. Pat Healy City of Santa Ana 20 Civic Center Plaza Santa Ana. CA 92701 Dear Ms. Healy: Please allow mlS letter to serve as our request to pos1pOnelcontlnue the AmerICa'S TIt'8 co, agenaa item currently scheduled for the City Council meeting on August 2nd until the City CouncD Meeting on August 16th. If you have any questIOns or concems please feel free to contact me at 4801000-"7"" to further discuss. Respectfully. ~ Dan Wainwright Vice Presidel'\t 75A-4 JUL 12 '04 14:14 FROM:DISCOUNT TIRE CO, 490-607-5791 T-499 P,OI/01 F-939 L~[{JQ?mo~G:f0 .... 20225 NORTH SCOTTSDALE ROAD · SCOTTSDALE, ARIZONA 85255 · (480) 606-6000 July 12,2004 Ms. Pat Healy City of Santa Ana 20CMc Center Plaza Santa Ana, CA 92701 Dear Ms. Healy: Per your conversation today with Ms. Peters of my offiCie, please allow this letter to serve as our rBquest. to ~tponelcontinue tht:t Arnerlea'$ Tire Co. agenda item until1he next City Council Meeting on Augu~ ~ If you have any QUe5tion5 or conoem5 please feel free to contact me at 4801606-5755 to further discuss. Respectfully, ~ Dan Wainwright Vice President 75A-5 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: ~ JUNE 21, 2004 TITLE: PUBLIC HEARING - APPEAL NO. 2004-06 {CONDITIONAL USE PERMIT NO. 2004-06} TO ALLOW AUTOMOBILE SERVICING IN THE ARTERIAL COMMERCIAL (CS) ZONING DISTRICT ~a CITY MANAGER APPROVED D As Recommended D As Amended D Ordinance on 1 st Reading D Ordinance on 2nd Reading D Implementing Resolution D Set Public Hearing For CONTINUED TO I j; 9/oLf FILE NUMBER RECOMMENDED ACTION 1. Deny Appeal No. 2004-06. 2. Adopt a resolution denying Conditional Use Permit No. 2004-06. PLANNING COMMISSION ACTION Adopted a resolution denying Conditional Use Permit No. 2004-06 at its May 10, 2004 meeting by a vote of 5:2 (Nalle and Sinclair opposed) . DISCUSSION Request of Applicant America's Tire Company is requesting approval of Conditional Use Permit No. 2004-06 to allow an automobile servicing use in the Arterial Commercial (C5) zoning district at 1935 East Seventeenth Street. Property Description The subject property consists of an irregular shaped parcel located on Seventeenth Street, between Old Tustin Avenue and Sherry Lane (Exhibit 1). The property has a General Plan land use designation of General Commercial (GC) and is located within the Arterial Commercial (C5) zoning district. Surrounding land uses include a vacant commercial property and residential uses to the north and west, and commercial uses to the south and east (Exhibit 2) . The subject property is part of the 8.92-acre Home Place Shopping Center on the north side of Seventeenth Street. This development, approved in 1997 (EIR No. 96-02, GPA No. 97-01, AA No. 97-01, VA No. 97-07 and CUP No. 97-10) includes a 53,480 square foot Orchard Supply Hardware (OSH) 75A-6 Appeal No. 2004-06 (Conditional Use Permit No. 2004-06) June 21, 2004 Page 2 building, a 3,050 square foot Carl's Jr. restaurant with drive-through window service, and a vacant 8,125 square foot building. Additionally, a parcel map was approved on June 16, 2003 to subdivide the Home Place Shopping Center into five parcels. A total of 558 parking spaces are provided on site. Project Description The project involves the remodeling of an existing 8,125 square foot commercial building into a tire store. The building elevation will remain the same as originally constructed with the exception of additional storefront and window glazing to satisfy the standards for auto servicing uses. Based on the plans submitted, America's Tire Store is in compliance with the design and development standards set forth for auto repair and servicing uses. Operating hours will be from 8:00 a.m. to 6:00 p.m. Monday through Saturday (Exhibit 3, 4, 5 and 6). Access to the project will be provided from Seventeenth Street. A total of 40 parking spaces are required for the proposed tire store, which would be provided on-site and on the adjacent shopping center site. Analysis of the Issues The subject property is one of five parcels that function as an integrated commercial development, with reciprocal ingress, egress and parking agreements. Currently, a total of 558 parking spaces are provided for the Home Place Shopping Center. A total of 59 parking spaces were originally allocated to the subject building to accommodate a combination of retail and restaurant uses at this location. With the proposed tire store, the building will require only 40 parking spaces. Since 59 parking spaces were provided for this building, parking is sufficient to accommodate the proposed tire store. On May 10, 2004, the Planning Commission held a public hearing on the proposed project. After receiving testimony from the public, the Commission denied the proposed tire store due to potential noise impacts associated with the operation of the tire store and the project's incompatibility with the surrounding residential and professional uses. Additionally, the Planning Commission found that the proposed tire store could adversely affect the present economic stability of properties surrounding the area by providing another automotive service to an area that is already saturated with automotive services. 75A-7 Appeal No. 2004-06 (Conditional Use Permit No. 2004-06) June 21, 2004 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2003-232 has been prepared for this project (Exhibit 7). FISCAL IMPACT There is no fiscal impact associated with this action. 4;~~~. Stephen G. 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V ON AI/ I 5 6O-Al-7~56 , Cl , "" \~:_~ R1 , SO-52 R3 ~'N R1 C5 J-i':r;og P~LN ~ '" Cl R3 reAl R1 L LN R1 848 Cl A1 - IC5l , C1 "" i ~ z >= (f) :::> >- P I j P P I A1 -B C-SM Cl Cl-MD C2 C3 C3-A C4 C5 GENERAL AGRICULTURAL PARKING MODIFICATION COMMERCIAL SOUTH MAIN COMMUNITY COMMERCIAL COMM, COMMERCIAUMUSEUM DISTRICT GENERAL COMMERCIAL CENTRAL BUSINESS CENTRAL BUSINESS.ARTIST VILLAGE PLANNED SHOPPING CENTER ARTERIAL COMMERCIAL CR GC Ml M2 MO o ' , P PCD PRO COMMERCIAL RESIDENTIAL GOVERNMENT CENTER LIGHT INDUSTRIAL HEAVY INDUSTRIAL MILITARY OPERATIONS OPEN SPACE PROFESSIONAL PLANNED COMMUNITY DEVELOPMENT PLANNED RESIDENTIAL DEVELOPMENT Rl R2 R3 l City of Tustin ~ ~ ~[ [- 16j~ eLl:1 ~nr l~ I::J I; >- c( ~ 1U 1U a: II. II) II) SINGLE FAMILY RESIDENTIAL TWO FAMILY RESIDENCE MULTIPLE DENSITY MULTIPLE FAMILY RESIDENCE SUBURBAN APARTMENTS RESIDENTIAL ESTATE SPECIFIC DEVELOPMENT SPECIFIC PLAN A4 RE SO SP ~ ~~ CUP 04-6 AMERICA'S TIRE COMPANY 1935 EAST SEVENTEENTH 1" = 1000 FEET P LAN N N G AND BU LD EXHIBIT 1 75A-9 N G A #{' - = 500 FEET AGE N C Y MUL TI FA MIL y RES. I I CONDOS : I I I I I I ). - '" .-: ). ::; i:: en :::! LE <= i:: .-: lJ.J a en LE <= en <3~ :E lJ.J <C -J Cii ....I Cii ::::i (!] lJ.J 0 I COMMER~/AL ~ ll: en ....I <C i a: FAM L Y :E F A M I L Y R E S CON DOS TWENTIETH COMMERCIAL HOSPITAL -J '" (.) ll: lJ.J ::; ::; o (.) CON DOS -J :$ (.) ~ o (.) BANK COMMERCIAL SEVENTEENTH STREET C MMERCIAL r C o M 1 E R n, A CUP 04-6 AMERICA'S TIRE COMPANY 1935 EAST SEVENTEENTH A gy' P LAN N N G AND B U L 0 N G AGE N C Y EXHIBIT 2 75A-10 IT1 .~ III -t Z "C) III =l .1T1 "'Cl !j; 2: ,~ I -- L. ~_ t ,-I ~~t=..- ~=... .. q ili' ~ (' nn +: nnn""''''nmnmnnnmmm_n__,_\. 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III I L!:II H I ~ 0 ! I a . ~I 01 I II I '* I i-'f--= ris!11 I ill 111 0 '~.. F:, I ~L-- . I' ~ ~ . -qTTTT . - JT T ~ ~ ~f . II " I U ~r---"'-1 i!' 1111 " ~~ri~ \ffr.~ ~[ ~ / \ I ~ II '\. . I ~"-.' ~ : . II i ' 4t. Ie:( frzl a~m rill 1 ~ I I - I~. .1 ~ ~ H~ ~~i~i ~ lL1.1 I r~ F1 r----_ --'. - .....~ .' · ~~. 'I II ~ j_1 , Il!f ~.~ ~~ I; h.- < , ---- i<~~ .~ ~~ ~ J v':'.jJ ---.~(~I~-lllj.l. ~_tk1- -' -1- - ~~1J~ l~~ -4<- ~I' ~ ~ l'l!'1 I~ - T ~ .....:="" - .~~ '" ~ I % 'ell I '((' , e i ! I mllll il liillil ;! ill Ii I ill!l! I! 1111 ! IW!!'! Ii ; 11!III!ll! illll!!!I!! 1!111!lllillll!i!ll!liilll ! ~ J i J I ~ I ~ Iii: iil!!!!I! !jililj ~ I II Ii I In!!'! II!! Illill i I ~ llllllli!! '!lh!I!!,; 11!!II!!!!lllll!!1 lilli' !i II 1111 Ii ! ~ I "!I " I!llb ! III III ill" II! I i!! I !! ill i II! II!!! !IHII!il '!1111Iii!11illll! '!'ll · I i II I! n !i I ~~i ~I ~ ~ I i ~ I ~~I I! ~ ) ~ M~~ ii 1;1 iMbi ! jl!~!~h~!i!j;~ ~&~~ . ~ ~~ ~~~~ ~ ~~~ ~ , rI1' ! !.~~ f · ...A lill !l ~ ~c i CU P 04-6 AMERICA'S TIRE CO. w~ In b EXHIBIT 3 ~~~( .)"1 I e~.~ IE SHOPPING CENTER SITE PLAN 1935 E_ 17TH STREET SANTA ANA, CA 92705 , OP NO. 2003.58 75A-1-1 I I I I I I I I I I ~I- ..'.I_ EXI5TING. OFFICE5-2 5TORY 26'. 141"'1-1 TYPE V CON5T,-FLAT ROOF ElUIL T -UP \p , , , , 'I I I I I I I I I I I I I I I I I I I ) I ( ~ .. ! I I .~ ~ ~IU J> . O~---- ()m ~r m . (jl \)J /~-----~~---------------- g / '" / ~ I '" I ~ I ~ I E I I I I I . I i $ I I I I I "~m r X t> - ....-(J> n.... ~~~ 5dr", ~~ o ~ ~ $ ... Il! -1 ( -t I I I I I WILLIAMS (fl -ul -t -u \ }J I m .,. m -t -----...... "- \ i J ' I'TI .2 '!j; ;a _c) I'TI C VI ~=i I'TI '1:l ~!j; 2 .,. ~ : ~ I ! $~ I I I I I I I I I I I I I I I I I iu> 3 ~ ~ p; I ;;:; : tJ: I ~ I $ z 1- - 5 iZ>iZ>;'2;'3iZ>" W- - - - - - - - - - - \II .. ul J>, '" ~ E N -2!:>'3iZ>" E 92.iZ>iZ>' " ,.,." HI U ; ~ iiI II ! ~ ~I~ 10 11 ~ Q~ll~;iri !~al~len ~m ~, l:; ~~ I~ J ~2 ~~ ~~ ~ ~1ID~IKII!!1~Bl[fJ~IE~~E1II1~~B~~IB~B 8'" """ "i" ~ . U ~ I ~j ~ ~ n ~ ~~ iri - ~ 0 0 j '!l: en ~n Iii o if , l '" II ~ ~11~IUI!np,,;"li 1!!!i!I'IIl;lh!d !11!all ~in~ I ;~5B ~ ~ m1i II i~ ~ ! t II; i i i r; ~ I o ~ > ..... . ..... ~~ ~~~~ ~~~~ ~~~ CUP 04-6 EXHIBIT 4 AMERICA'S TIRE CO. ENLARGED SITE PLAN 1935 E. 17TH STREET .sANTA ANA. CA 92705 75A-12 DP NO. 2003-58 ,.. ~ 1Jr:l In n d. ill le~.. i r I ~ ~ ~ III !; ~ z .... ~1II"U3b2i I ~ ~l i I ~ ~ ~.! i ~ Ii ~ I I ~ Ii I I I I ~ ,~I i ; I ; i ; I ~ I I ~ ~ ~ B ~ ~ ~ B B B ~ lD . ~ i U~ I ~ ~ ~ I ~:~ D g =!GdllJ: ~ Q ~ II i I i t~ 3 I a~ I II I ~I ~ !I ! 11 I I ~ ~ r- lD ~ ~ ~ I cc lD I I e ::I ~ i c. I i e e ~ I ~ a ~ ! IBl ~ 00 BI I!I ~ ~ ~ @] EI ~ II i ~ I~ i iJ~ ~ I~ e . I ! I I . I Ii I !ill ~I I I Ii , ~ i i ~ a is! ~ II I i a i !! D l. i '1 D .~~ I a ~ l ~~ a ~"l .1 . I a ~ li~; , ~ : I , j b~ ~ I a i i I~ ; ~ I . IH I ; --=-~---="l I . j I i 'p I I I i Is ~ I ~ I 8 ~ Ii I ~ I I l I al ~ )I~ ~ [;i] [g] l~ ~ @ -_~___:....x. I i I I I I i i I I I I I I i a I I I I ; . I . M ! I I ! I III ,.. ,.. .. ~ i ~ r ~r 16 r Ii ." nlU Cl 5.h 1.11 ! ;ij m ." m nUl z r- I h lip I~ II z m '0 ) ili ~ oil r 'I 0 3i~11 ~ 0 i Pil U.q -l in r- ;:0 m nn; z -"C R p. U ~ !.(l 0 !; -l Z r Ilij ~I I i 3 3uj I m !.(l ~ : If I I !! Pi · Ill' I I ' .1 ! ~ ill. I a i i : i~ i 5 ~ ! 3 · ~~. I J n I ~ i ~I 5 I ~ i I! ~ i! . I ~ I i~ I ~ : II I I II' i I . :t> " " "" "" "" " , ~ ~~~s /'" . N CUP 04-6 AMERICA'S TIRE CO. m CD "V 9 :... ~ i n~ :II . ~ EXHIBIT 5 nO ..... ee. W 1= OVERALL FLOOR PLAN 1935 E, 17TH STREET SANTA ANA. CA 92705 DP NO, 2003.58 rz 75A-13 G-DJ ~I ~+- ~ 0-~ il ~ 003- ~ Ul -t m I'"' ~ -t 003- - o z , EI- 1 " @--, E::sII I El-R "':"'1 " --;, ~ lB- :l: -:- !!J ~ ' m ~ I'"' ~ ~ Jli g ~ z ~~ ;I~il~ \! - r=. ,.:::r.I -----<B f--'~ f::f-eg] ~ ~ L- I~ ...i... -r.:l ~ ~------@ , - I ! - ~ , i i ~ ! - i = ~~ :: . f:: ---@ i~ I\!:!:.. ~--@ -~ I I f- d';l ~~ ill ~ l -------@ )::. C11 . o ~ ~ . !! ~~ ~ ~ ~~ ~~~ ~ s ~ EXTERIOR EL ATlONS 'I ,:.' ('~ ',f, I'"' . ~.: ! ~ \ I %.p ~. ~. ~ 133-- rt,~ "i i i i i i i ! -r-j------@ .-'. I I Z _J ' NJ I i _! j i '\\' , ~ \ ~ IiiiiI I ~ 1..-. i~ \@I ,~ ------@ ~ ~ ~ ~/; iU ! I d';l !~ i i--, 1 ~ l I-----~ ! ~ : g -<:1 1- ~ I I ..... 133-1- @--, ~~~ - @- - ~-11- @-I-- 003-r EI- 1- Ul o C -t ::c m I'"' ~ -t o Z EI- -rl I : r..:!:- I=f-J I i ~ I ! - ~--B 1 I t , I'- + il~ i "l-i+ "l- i+, fO'l- i+ ." i!' +. i 003- 0 : IlI3 I--- n G b::~ -f-:-.- [!}-I~ ~ ~ ~ OOB z ~~ o -0- ~ I!! ~~ ~ -t o Z It F- \' i --B k@ -~ I-- -E0--------@ . ---tj!] ______---@ n ~ i I - --F.O-----~ - " \~---~ . rG ------@ ~ ~ ----~ , ! I I J" ni ~ : ...! ~ ~ ,------@ I I I ",.---J,,~i ~i ~i i~ I~ ~~ h @ ~ ~ ~ G ~ 0 ~ B ~ 0 ~ ~ B B ~ l . l l l l ! !l111I1'!! i I Ii, i i III ~ II I i! ill i I ~ ii i I ; ~ Ii! ~ ; i ~ ! ' I w II1I ~ i ~ - i I ! ; I I I C e <ii_il il1ii- i~,~~1 I II <. I ~ ~ - lij-~- I I ! ~ i I I CUP 04-6 EXHIBIT 6 1935 E, 17TH STREET 75A:Af4A92705 l 1 "'C ,.. I" I" -z ~i ;Ii -l I. i. r- I I lR . I !1;] C DP NO, 2003.58 J . ~ ..'i III nor ! $$;( n_ IW~ II AMERICA'S TIRE CO, MA YOR Miguel A. Pulido MAYOR PRO TEM Brett E. Franklin COUNCILMEMBERS Claudia C. Alvarez Lisa Bist Alberta D. Christy Mike Garcia Jose Solorio ~ (~~ i-? V CITY OF SANTA ANA CITY MANAGER David N, Ream CITY ATTORNEY Joseph W, Fletcher CLERK OF THE COUNCIL Patricia E. Healy PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M.20) P,O, BOX 1988 . Santa Ana, California 92702 www.santa-ana,org NOTICE OF iNTENT TO ADOPT A NEGATIVE DECLARATION This is to inform the general public that the City of Santa Ana proposes to adopt a Negative Declaration for the following project: Project Title: America's Tire Project Description: The proposed project is a request for a conditional use permit to allow a tire store in the Arterial commercial (C5) zoning district. Project Location: 1935 East Seventeenth Street Project Number: ER 03-232 Public Review Period: 4-8-2-4 to 4-27-2004 Hearing Date: May 10, 2004 Hearing Location: City of Santa Ana Council Chambers 22 Civic Center Plaza Santa Ana, CA 92702 The Negative Declaration and Initial Study as well as all referenced documents will be available for public review at the City of Santa Ana Planning and Building Agency located at 20 Civic Center Plaza, Santa Ana, California. Please submit any comments on the Negative Declaration to the City on or before 4-27-2004. Please direct your comments to: Dan Bott, Environmental Coordinator, City of Santa Ana, P.O. Box 1988, M-20, Santa Ana, CA,92702. If you have any questions or would like any additional information, please contact Ann Ni at (714) 667-2700. RHCB\lnotice\er EXHIBIT 7 75A-15 CS 6()r.....;? MAYOR Miguel A. Pulido MAYOR PRO TEM Brett E, Franklin COUNCILMEMBERS Claudia C. Alvarez Lisa B ist Alberta D, Christy Mike Garcia Jose Solorio tm ~ CITY OF SANTA ANA CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E, Healy PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M-20) P.O, BOX 1988 . Santa Ana, California 92702 www.santa-ana.org Pursuant to the Procedures of the City of Santa Ana for implementation of the California Environmental Quality Act, the Environmental Evaluator has completed an Initial Study for the project described below: Project Number: DP 03-58, ER 03-232 CUP 04-06 Applicant: America's Tire! Bergman Architecture Project Location I Address: 1935 East Tustin Avenue Project Title I Description: The proposed project is a request for a conditional use permit to allow a tire store in the Arterial Commercial (C5) zoning district. And does hereby find: That although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because of revisions to the project and mitigation measures placed on the project, al1d agreed to by the applicant, reduce each impact to below a level of significance. Signature: ~~0 Environmental Coordinator Date: 4- <; - 2001 This determination is not final until adopted by the decision-making body or administrative official, and a Notice of Determination is filed. PalTe 2 of 38 75A-16 Americas Tire Initial Study/Mitigated Negative Declaration ER 2003-232 Proposed Project The proposed project is a request for a conditional use permit to allow a tire store in the Arterial Commercial (C5) zoning district. Setting The project site is an existing 8,125 square foot vacant building located at 1935 East Seventeenth Street. Surrounding land uses include commercial to the north and south, Lathrop Intermediary School to the west and residential uses to the east. The project site has a General Plan designation of General Commercial and a zoning designation of Arterial Commercial. The project site is part of an integrated 8.92-acre development site located on the north side of Seventeenth Street, between old Tustin Avenue and Sherry Lane. The site currently contains a 53,480 square foot Orchard Supply Hardware building, a Carl's Jr. Restaurant with a drive- through window service and a vacant 8,125 square foot vacant building. Proposed Project The proposed project consists of the remodeling of the existing 8,125 square foot building into a tire store. The majority of the construction operations would occur In the interior of the building. Access to the proposed project would be provided from Seventeenth Street. In accordance with the City's parking requirements a total of 49 parking spaces would be provided. ENVIRONMENTAL ANALYSIS The following is an environmental analysis on the proposed project based on the City of Santa Ana CEQA Environmental Checklist Form. The analysis incorporates by reference the analysis and findings provided in the City of Santa Ana General Plan Land Use Element EIR. For each environmental 1 _ _JlaQe 3 af38 75A-17 issue, the analysis identifies the level of impact that is anticipated to occur. Where applicable, mitigation measures have been identified to reduce potentially significant impacts to a level considered less than significant. I. AESTHETICS A. Have a substantial adverse effect on a scenic vista? B. Damage scenic resources, trees, rock outpourings a State highway? including but not limited to and historic buildings within No Impact According to the City's General Plan Land Use Element EIR, the project site is void of any scenic vistas or scenic resources. Additionally, there are no scenic resources associated with a State Highway within the vicinity of the project site. Therefore, implementation of the proposed project would not result in adverse impacts to any scenic resource. C. Substantially degrade the existing visual character or quality of the site and it's surrounding? Less Than Significant Impact According to the City's Urban Design Element, the project site is located within the Cabrillo Park Design District. The Urban Design Element establishes goals and policies to help guide the design of development projects proposed within a Design District. Specifically, land uses proposed within a Design District should exhibit high quality design and should incorporate design elements that are proportional and aesthetically related to the District setting. Through the City's development review process the proposed project has been determined to be consistent with the design and development standards established for auto servicing and auto repair uses. Implementation of the proposed project would not degrade the existing visual character of the project site or the surrounding area. 2 P""p 4 of38 75A-18 D. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact The project site is currently improved with existing on- street lighting. Implementation of the proposed project would not introduce substantial new sources of light and glare into the project area. II. AGRICULTURE A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance to non-agriculture use? B. Conflict with existing zoning for agriculture use or a Williamson Contract? C. Involve other changes in the existing environment, which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agriculture use? No Impact According to the California Department of Conservation Farmland Mapping and Monitoring Program, the project site does not contain Unique Farmlands, Prime Farmlands or Farmlands of Statewide Importance. Based on the City's General Plan, the project site is not planned for agricultural uses. Additionally, the project site is not included within any existing Williamson Contracts. A site visit conducted by the City's Environmental Coordinator confirmed the project site is currently not in agriculture production. Therefore, implementation of the proposed project would not result in adverse impacts to any agriculture resources. III. AIR QUALITY A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or congestion Management Plan? Less Than Significant Impact The proj ect site is located wi thin the South Coast Air Basin and subject to the requirements of the Clear Air Act at both the Federal and State level, as implemented by the 3 75A-19 South Coast Air Quality Management District. The South Coast Air Quality Management Plan (AQMP) is the primary planning document to monitor if air quality standards and objectives are being achieved in the South Coast Air Basin. The air quality objectives in the AQMP are based upon population and growth projections provided in regional planning programs and local general plans. A project could be in conflict with the AQMP if it results in population and growth impacts beyond those identified in regional planning programs and/or local general plans. The proposed proj ect is consistent with the General Plan. Implementation of the proposed project would not exceed the population and traffic growth projections in the General Plan. The proposed project would be considered to be consistent with the regional and local growth projections and would not be in conflict with the air quality objectives established in the South Coast Air Quality Management Plan. B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? Less Than Significant Impact As mentioned previously, the South Coast Air Quality Management District (SCAQMD) regulates air quality in the South Coast Air Basin. The South Coast Air Basin lS currently a non-attainment area for carbon monoxide, ozone, particulate matter and nitrogen dioxide. The SCAQMD considers an air quality impact to be significant if it exceeds the thresholds identified below. Table 1 EMISSION THRESHOLDS OF SIGNIFICANCE Project Pollutant Construction Tons/ Operations Pounds/Day Quarter Pounds/Day Carbon Monoxide 550 24.75 550 Reactive Organic Compounds 75 2.5 55 Nitrogen Oxides 100 2.5 55 Particulate Matter 150 6.75 150 4 75A:2h038 Long-ter.m Operational Air Quality Impacts The primary source of long-term operational emissions associated with the proposed project would be generated by vehicle travel to and from the proj ect site. A relatively minor amount of gaseous emissions would also occur from natural gas and electricity usage. The proposed project is consistent with the General Planl. The long-term operational emissions generated by the prop4sed project are consistent with the air pollutant emiss~ons projected within the General Plan Land Use Element EIR. Implementation of the proposed project would not result in additional air pollutant emissions that would exceed air pollutant emission projections evaluated within the General Plan Land Use Element EIR. I Short-ter.m constructed Related Air Quality Impacts Construction operations associated with the proposed project could potentially result in short-term increases in particulate mater, and to a lesser degree increases in carbon monoxide and ozone. Peak day construction emissions for most pollutants arising from construction of the proposed project would occur during the grading and excavation phases. The majority of the construction operations for the proposed project would be interior tenant improvements. A minimal amount of exterior work would occur. Less than significant short-term air quality impacts would be associated with implementation of the proposed project. c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact The proposed project would be consistent with the City's General Plan and the local growth forecasts for the Orange County sub region and regional emissions budget developed by the Southern California Association of Governments for the 1999 Air Quality Management Plan. SCAG has determined that the air pollution impacts of any project that conforms to local growth forecasts would be consistent with this forecast and the regional air quality impacts would be 5 ~ R<UTp 7 of,R 75A-21 adequately mitigated by the plan to a level considered less than significant. D. Expose Sensitive recept?rs to substantial pollutant concentrations? Less Than Significant Impact Implementation of the proposed project would not exceed the South Coast Air Quality Management District threshold for potentially significant long-term or short-term air quality impacts. Therefore, implementation of the proposed project would not expose sensitive receptors to any substantial concentrations of air quality pollutants. E. Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The operation of the proposed proj ect would not generate significant objectionable odors to the public. The majority of the construction operations for the proj ect would be interior tenant improvements. Less than significant construction-related odor impacts would occur. IV. BIOLOGICAL RESOURCES A. Have a substantial adverse impact, through habitat modifications, on any as a candidate, sensitive or special local or regional plans, policies or the California Department of Fish and and Wildlife Services? ei ther directly or species identified status species in regulations or by game or u.S. Fish B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and game or U. S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption, or other means? 6 75A-22 D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? No Impact The project site is situated within an urban setting. According to the California Department of Fish and Game Natural Diversity Data Base and the City's Updated General Plan Land Use Element EIR, there are no sensitive biological resources located on or within the nearby vicinity of the project site. Therefore, implementation of the proposed project would not result in any adverse impacts to any onsite sensitive biological resources. V. CULTURAL RESOURCES A. Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? No Impact According to the Santa Ana Local Register of Structures and the Federal Register of Structures, there are no historically significant located on the project site. Historical Historical structures B. Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? D. Disturb any human remains, including those interred outside of for.mal cemeteries. No Impact According to the City's General Plan Land Use Element EIR there are no known cultural resources on the project site. Additionally, the project site is currently improved. The probability for the discovery of unknown cultural resources during construction operations would be low. 7 75A-23 VI. GEOLOGY/SOILS A-l. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State geologist for the area or based on other substantial evidence of a known fault? No Impact According to the Seismic Hazard Zone Map, the proj ect site is not located within a current Alquist-Priolo Earthquake Faul t Zone for fault surface rupture hazard. The surface traces of any active or potentially active faults are not known to pass directly through or extend towards the project si te. Therefore, the potential for surface rupture due to faulting occurring beneath the site during the design life of the proposed project is considered low. A-2. Strong Seismic Ground shaking? Less Than Significant Impact The project site is situated within a highly active seismic region of southern California. A total of 38 active faults have been identified within an approximate 60-mile radius of the proj ect site. The Newport/Inglewood Fault located approximately 13 miles south from the City of Santa Ana is considered to be one of the most dominant faults in regard to potential seismic shaking impacts. The project site could potentially be subj ect to a maximum credible horizontal ground acceleration of o. 30g from a magnitude 6.9 earthquake along the Newport/ Inglewood fault zone. A seismic event of this scale could potentially result significant damage to the proposed proj ect. However, the seismic risks at the proj ect site would not be considered significantly different from other areas in the southern California region. The proposed project would be subject to the seismic safety standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential seismic hazard impacts to a level considered less than significant. A-3. Seismic-related ground failure, including liquefaction? Less Than Significant Impact 8 ..E:l!!e LO af3 8 75A-24 Soil liquefaction occurs when loose soil deposits below the water table are subjected to large ground accelerations generated from seismic events. Liquefaction is generally known to occur in saturated cohesionless soils at depths shallower than about 50-feet. According to the City's General Plan Land Use Element EIR, the project site is considered to have very low potential for liquefaction hazard impacts. The proposed project involves the remodeling of an existing building. Implementation of the proposed proj ect would not increase the risk for liquefaction impacts. Additionally, the proposed proj ect would be subj ect to the seismic safety standards of the Uniform Building Code. Compliance with the Uniform Building Code would reduce potential liquefaction hazard impacts to a level considered less than significant. A-4. Landslides No Impact The project area is flat without any topographical relief. According to City's General Plan Land Use Element EIR, there are no landslide planes or slopes on the proj ect si te. Therefore, implementation of the proj ect would not result in adverse impacts in regards to landslides. B. Would the proj ect result in substantial soil erosion or the loss of topsoil? No Impact Erosion refers to the removal of soil from exposed bedrock surfaces by water or wind. The effects of erosion are intensified with an increase in slope, the narrowing of runoff channels and by the removal of groundcover, which leaves the soil exposed. Construction operations for the proposed project would not require excavation and grading activities that would uncover soils on the project site. Therefore, implementation of the proposed project would not result in erosion and sedimentation impacts to onsite and offsite drainage facilities. c. Would the project result in the loss of a unique geological feature? 9 75~:~~18 No Impact According to the City's General Plan Land Use Element EIR the proposed proj ect does not contain any unique geologic features. Therefore, implementation of the proposed project would not result in adverse impacts to any unique geologic feature. D. In the project located on strata or soil that is unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact According to the City's General Plan Land Use Element EIR the project site consists of Mocho Loam Soils that have low shrink/swell potential, high potential for corrosion of uncoated steel and low potential for corrosion of concrete. Implementation of the proposed project would not require any grading or excavation activities and therefore would not be subject to geotechnical constraints on the project site. E. Where sewers are wastewater is the of septic tanks systems? not available for the disposal of soil capable of supporting the use or alternative wastewater disposal No Impact The project site is located within urban setting where sewer service is available. The proposed project would not require septic tanks or alternative disposal systems. VII. HAZARDS/HAZARDOUS MATERIALS A. Create a significant hazard to environment through the routine disposal of hazardous materials? the public transport, or the use or B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one- quarter mile of an existing or proposed school? 10 75A-26 Less than Significant Impact The operation of the proposed project would not involve the routine transportation, handling or storage of large quantities of hazardous materials or waste or the emission of hazardous emissions. The long-term operation and construction operations associated with the proposed project would involve the handling of incidental amounts of hazardous materials, such as solvents, oils, and paints. The proposed project would be required to comply with local, state and federal requirements regarding the handling and storage of hazardous materials. Compliance with local, state and federal regulations regarding the handling and storage of hazardous materials would reduce potential hazardous material safety impacts to a level that is considered less than significant. C. Be located on a site which is located on a list of hazardous material sites compiles pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact The project site is currently improved. According to the Santa Ana Fire Department the project site is not a hazardous waste site. D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an accident potential zone, clear zone or FAA Notification Area. Implementation of the proposed project would pose a hazard to people working or residing within the project area. VIII. HYDROLOGY/WATER QUALITY A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? 11 75A:}.'S I. Resulting an increase in pollutant discharges receiving waters? to J. Result in significant alteration of receiving water quality during or following construction. E. Otherwise substantially degrade water quality? K. Could the proposed project result in increased erosion downstream? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list. If so, can it result in an increase in any pollutant of which the body is already impaired? o. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact or surface water quality to either marine, fresh or wetland waters? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland or riparian habitat? Potentially Significant Unless Mitigation Incorporated The project site is located in the San Diego Creek/Newport Bay Watershed. Storm water flows from the project site would be conveyed to a series of underground and open storm drain channels, before ultimately discharging into Reach 1 of San Diego Creek. The Santa Ana Regional Water Quality Control Board has identified San Diego Creek as impaired by nutrients, sediments, metals and pesticides. The primary source of water quality pollutants associated with the operation of the proposed project would be from nuisance flows. Nuisance flows are defined as runoff that occurs during periods that are not usually associated with rainfall, and are most commonly produced from landscaping irrigation, leaking pipes, and water used to wash off 12 75A~~lJ surfaces tributary to the street. Since nuisance flows usually originates in the street, they commonly contain many common pollutants found in streets such as oil/grease, metals and sediment. Because the proposed project involves an auto servicing/auto repair use there is a higher potential for water quality impacts associated with substances such as oil and grease. To minimize the potential for degraded surface water impacts generated from the proposed project, the all entrances of all service bays perimeter of the garage area shall have a raised curb to retain surface water runoff on the project site. Additionally, during construction operations Best Management Practices would be employed to minimize potential construction-related water quality impacts. Mitigation Measure · Building plans for the proposed proj ect shall reflect a raised curb around the perimeter of the garage area to retain surface water runoff onsite. . The service area shall be constructed to drain underground clarifier/sump/tank equipped with a off valve that can stop further drainage of water or spilled material into the street and drain system. to an shut- storm storm · Construction plans for the proposed project shall reflect that Best Management Practices would be employed for all exterior construction activities. B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. Q. Have a potentially significant adverse impact on groundwater quality? No Impact Construction operations for the proposed project would not require de-watering activities. The long-term operation of the proposed project would not have any impact on groundwater supplies. Additionally, the proposed project would not interfere with ground water recharge because the 13 75A~2'9 site is not located in an area that is known to recharge the ground water system. c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on or off-site? D. Create or contribute runoff water which, would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? L. Result in increased impervious surfaces and associated runoff? M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes. Less Than Significant Impact The project site is located within an urbanized area with improved drainage facilities. Based on a preliminary analysis of drainage conditions and facilities on the project site and surrounding area, the City's Public Works Department has indicated that it is feasible that existing drainage facilities within the project area would be able to adequately drain the proposed project. F. Place housing within a lOO-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place housing within a 100-year floodplain, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? H. Place within a 100-year floodplain structures which would impede or redirect flood flows? No Impact According to the Flood Rate Insurance Map 0602320029F, the project site is located within Flood Zone X and not subject to 100-year flood risks. Implementation of the proposed project would not increase the risk of flooding. 14 _ _n....~ 1 G..nL3R 75A-30 IX. LAND USE/PLANNING A. Physically divide an established community? No Impact The proposed project would not physically divide any established community, in that no existing residential uses are located on the project site. The proposed project would be compatible with other existing land uses in the area. No adverse land use compatibility impacts would be associated with implementation of the proposed project. B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The proposed project is consistent with the General Plan and conditionally permitted in the City's Zoning Ordinance. Implementation of the proposed project would not be in conflict with any planning programs or policies in the City. C. Conflict with any applicable habitat conservation plan or natural community plan? No Impact According to the City's General Plan Land Use Element EIR, the project site is not included within any habitat conservation plan or any natural community conservation plan. X. MINERAL RESOURCES A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact According to the City's General Plan Land Use Element EIR there are no areas in Santa Ana designated as significant 15 75A~31 Mineral Aggregate Resource Areas. Therefore, implementation of the proposed project would not result in the loss of any regionally or locally important mineral resource. XI. NOISE A. Exposure of persons to or generation of noise levels in excess of standards established in local general plan or noise ordinance, or applicable standards of other agencies. C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. Less Than Significant Impact According to the City's General Plan Land Use Element EIR, the project site would not be impacted with high levels of noise. The proposed project would not emit noise levels in excess of City standards, nor would employees be subject to excessive noise levels. Implementation of the proposed project would not result in a substantial permanent increase in ambient noise levels within the project area vicinity. B. Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project. Less Than Significant Impact The proposed project would require conventional construction equipment and building practices. No significant ground borne noise impacts or ground borne vibration impacts would be associated with the proposed project. However, construction activities and construction equipment staging operations associated with the proposed project could potentially result in a short-term increase in ambient noise levels. To minimize potential construction-related noise impacts to a level considered less than significant, the project would be required to comply with City's Noise Ordinance. The Noise Ordinance would limit construction activity 7 AM to 8 PM Monday 16 75A-32 through Saturday, and not permitted on Sundays or Federal Holidays. E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact According to the Orange County Airport Environs Land Use Plan, the project site is not located within an area that is subject to high levels of aircraft noise. XII. POPULATION AND HOUSING A. Induce substantial population growth in an area, either directly or indirectly through extension of roads or other infrastructure. B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact The proposed project is consistent with the General Plan. Implementation of the proposed project would not induce additional population growth into the area, nor would it displace any existing households or housing. XIII. PUBLIC SERVICES Fire Protection: Less than Significant Impact The Santa Ana Fire Department would provide fire protection and emergency medical services for the proposed project. According to the Santa Ana Fire Department, implementation of the proposed project would not significantly increase the demands for fire protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate fire protection services. Additionally, through the City's development review process, the fire department has reviewed and determined 17 75A-33 that the proposed project would provide adequate fire protection facilities and services. Police Protection: Less Than Significant Impacts The Santa Ana Police Department would provide police protection services for the proposed project. According to the Santa Ana Police Department, implementation of the proposed project would not significantly increase the demand for police protection services over current levels of demand within the project area and that under existing levels of manpower and equipment, they would have the ability to provide adequate police protection services. Schools: Less Than Significant Impact The project site is included within the boundaries of the Tustin Unified School District. The proposed project involves the construction and operation of a tire store. Implementation of the proposed project would not generate project-specific demands for new school facilities. However, the project would be subject to provide school impacts fees to help address cumulative impacts to school services in the School District. Parks, Other Public Facilities: LE!SS Than Significant Impact The proposed project involves the construction and operation of a tire store. Implementation of the proposed project would not significantly increase the demands for additional park facilities or other public facilities. XIV. RECREATION A. Would the project increase the use of existing neighborhood and regional pa:rks or other recreational facilities such that substant~ial physical deterioration of the facility would occur or be accelerated? B. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. 18 75A-34 No Impact The proposed project involves the construction and operation of a tire store. Implementation of the proposed project would not increase the demands for existing recreation facilities or generate the demand for additional recreation facilities. xv. TRANSPORTATION/TRAFFIf A. Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system? B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Less Than Significant Impact The proposed project is consistent with the City's General Plan and the traffic projections within the Circulation Element. The Public Works Department has determined that implementation of the proposed project would not result in significant project-related traffic impacts or individually or cumulatively exceed any required level of service established by the City or by the County's Congestion Management Program. C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Less Than Significant Impact The proposed project involves the construction and operation of a single-story tire store. Implementation of the proposed project would not result in any changes to air traffic patterns. The proposed project would not result in any substantial safety risks related to aircraft traffic. D. Substantially increase hazards to a design feature Less Than Significant Impact 19 75A-35 Construction operations associated with the proposed project could result in a short-term increase of construction traffic volumes within the project area. However, the increased level of construction traffic is not expected to significantly increase vehicle or pedestrian hazards within the project area. E. Result in inadequate emergency access Less Than Significant Impact As part of the City's development review process, the Fire Department has reviewed the proposed project for potential impacts in regards to emergency access. The Fire Department has determined that adequate emergency access would be provided. F. Result in inadequate parking capacity Less Than Significant Impact In accordance with the City's parking standards, the proposed project is providing a total of 49 onsite parking spaces. G. Conflict with adopted policies supporting alternative transportation No Impact The proposed project would not be in conflict with any adopted policies regarding alternative modes of transportation. Implementation of the proposed project would not displace existing public transportation facilities. XVI. UTILITIES A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 20 P""p?? nf'\R 75A-36 E. Result in the determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments. Less Than Significant Impact The City of Santa Ana and/or the Orange County Sanitation District would provide wastewater service to the project site. The treatment of wastewater would be provided at Reclamation Plant 1 in the City of Fountain Valley. The proposed project would be required to provide appropriate sewer connection fees with the city of Santa Ana and the Orange County Sanitation District.. The proposed proj ect would not significantly increase the demand for additional wastewater facilities. c. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant effects. Less Than Significant Impact The project site is located within a currently developed commercial center with improved drainage facilities. Implementation of the proposed project would not significantly increase the amount of surface water runoff generated from the project site. Implementation of the proposed project would not require the construction of new drainage facilities that would impact the environment. D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? Less Than Significant Impact The proposed project would not significantly increase the demand for water service over current levels water demand within the project area. The proposed project is consistent with the City's Urban Water Management Plan. Through the City's development review process, the Public Works Department has indicated that the City would have the ability to provide adequate water service to the project site. No adverse impacts in regards to the provision of 21 75A:!J7 adequate water service would be associated with the proposed project. F. Is the project served by a landfill with sufficient per.mitted capacity to accommodate the project's solid waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? Less Than Significant Impact The City of Santa Ana would provide solid waste disposal service for the proposed project. The proposed project would not significantly increase the demand for solid waste disposal over current levels of demand within the project area. Additionally, the City has adopted a Source Reduction and Recycling Element, which establishes programs to reduce the City's overall demand for solid waste disposal. No significant adverse impacts would be associated with providing solid waste disposal service for the proposed project. XVII. MANDATORY FINDINGS OF SIGNIFICANCE A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No Impact Implementation of the proposed project would not substantially reduce the habitat of fish, wildlife species, or historic structures in that no fish, wildlife populations or historic structures are known to exist on the project site. B. Does the project have impacts that are individually limited but cumulatively considerable? Less Than Significant Impact 22 75A-38 Implementation of the proposed proj ect would not result in significant cumulative impacts. The proj ect' s incremental contribution would not be cumulatively considerable because the proposed project would comply with the applicable requirements of the uniform building code, conditions of approval, mitigation measures and applicable City Ordinances, which provide specific requirements that would avoid any significant cumulative impacts within the project area. C. Does the project have environmental effects, which will cause substantial adverse effects on human beings either directly or indirectly? Less Than Significant Impact The proposed project involves the construction of a tire store. The project would not have any direct or indirect adverse impacts on human beings. Mitigation measures have been required for the construction and operation of the proposed project to insure that the project would not have a direct or indirect adverse significant impact to human beings or the environment. XVIII DETERMINATION Based upon the evidence in light of the whole record documented in the above environmental evaluation and cited references, I find that the proposed project could not have a significant effect on the environment and a Mitigated Negative Declaration has been prepared. XVIV REFERENCES City of Santa Ana General Plan, September 1982 City of Santa Ana General Plan Land Use Element EIR, SC No. 97071058, October 1997, Environmental Impact Report for the General Plan Land Use Element, August 1997 City of Santa Ana Zoning Ordinance, December 1998 South Coast Air Quality Management District CEQA Air Quality Handbook, 1993 23 75A-39 California Environmental Quality Act Statues and Guidelines, 2001 Site Visit by Dan Bott Environmental Coordinator, March 2004 National Register of Historical Resources City of Santa Ana Local List of Historical Resources California Department of Fish and Game Natural Diversity Data Base Orange County Airport Environs Land Use Plan Flood Rate Insurance Map 0602320029F City of Santa Ana Noise Ordinance City of Santa Ana Development Review Committee California Department of Conservation Farmland Mapping and Monitoring Program Seismic Hazard Zone Map xx. PRE PARERS Dan Bott, City of Santa Ana Environmental Coordinator 24 75A-40 ~~fA Environmental Checklist For CEQA Compliance Evaluation of Environmental Impacts: I. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g" the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). II. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. III. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. IV. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impacr to a "Less than Significant Impacr. The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact I. Aesthetics - Would the project: A. Have a substantial adverse effect on a scenic vista? D D D k B. Damage scenic resources, including but not limited D D D ~ to, trees, rock outpourings and historic buildings within a state highway? C. Substantially degrade the existing visual character ~ or quality of the site and its surroundings? D 0 0 D, Create a new source of substantial light or glare which would adversely affect day or nighttime views )( in the area? D D 0 dblEnv Form CEQA Chklst ATTACHMENT B 75A-41 Page 1 of 12 ~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact II. Agricultural Resources - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and' Site Assessment Model prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural farmland. Would the project: A. Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency, Department of Conservation, maintains detailed maps of these and other categories of farmland.) o o o o o o o o o ~ # j( III. Air Quality - Where available, the significance criteria established by the applicable air quality management or pollution control district may be relied upon to make the following determinations. Would the project: B. Conflict with existing zoning for agricultural use or a Williamson Contract? C. Involve other changes in the existing environment which, due to their location or nature, could individually or cumulatively result in loss of Farmland, to non-agricultural use? A. Conflict with or obstruct implementation of applicable Air Quality Attainment Plan or Congestion Management Plan? B. Violate any stationary source air quality standard or contribute to an existing or proposed air quality violation? C. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emission which exceed quantitative thresholds for ozone precursors)? D, Expose sensitive receptors to substantial pollutant concentrations? dblEnv Form CEQA Chklst ATTACHMENT B 75A-42 D o D D o o D o ( A ~ ~ o o o o Page 2 of 12 ~~fA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources E. Create objectionable odors affecting a substantial number of people? IV. Biological Resources - Would the project: A. Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Services? B. Have a substantial adverse impact on any riparian habitat or natural community identified in local or regional plans, policies, and regulations or by the California Department of fish and Game or U.S. Fish and Wildlife Service? C. Adversely impact federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) either individually or in combination with the known or probable impacts of other activities through direct removal, filling hydrological interruption. or other means? D. Conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance? V. Cultural Resources - Would the project: A. Cause a substantial adverse change in the significance of a historical resource as defined In Section 15064.5? B, Cause a substantial adverse change in the significance of a unique archaeological resource pursuant to define Section 15064.5? C. Directly or indirectly disturb or destroy a unique paleontogical resource or site? dblEnv Form CEQA Chklsl ATTACHMENT B 75A-43 Potentially Significant Impact o o o D D D o D Potentially Significant Unless Mitigation Incorporated D o o o D o D D Less Than Significant Impact M D o D o o D D No Impact o yX ~ 9( Y\ ~ )z( )( Page 3 of 12 anlA Environmental Checklist For CEQA Compliance Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues & Supporting Information Sources Impact Incorporated Impact Impact D. Disturb any human remains, including those 0 0 D ~ interred outside of formal cemeteries? VI. Geology and Soils - Would the project: A. Expose people or structures to potential substantial 0 0 0 D adverse effects, including the risk of loss, injury, or death involving: 1. Rupture of an known earthquake fault, as 0 0 0 N delineated on the most recent on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area or based on other substantial evidence of a known fault? 2. Strong seismic ground shaking? 0 0 jg{ 0 3. Seismic-related ground failure, including 0 0 ~ 0 liquefaction? 4. Landslides? D D 0 ~ B. Would the project result in substantial soil erosion D D D )1 or the loss of topsoil? C. Would the project result in the loss of a unique 0 0 0 A geologic feature? D. Is the project located on strata or soil that is 0 0 A D unstable or that would become unstable as a result of the project and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? E. Where sewers are not available for the disposal of 0 D 0 ~ wastewater, is the soil capable of supporting the use of septic tanks or alternative wastewater disposal systems? dblEnv Form CEQA Chklsl ATTACHMENT B 75A-44 Page 4 of 12 ~~AfA Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources VII. Hazardous and Hazardous Materials - Would the project: A. Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? B. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substance or waste within one-quarter mile of an existing or prqposed school? . C. Be located on a site which is located on a list of hazardous materials sites compiled pursuant to Government Code Section 659662.5 and, as a result, would it create a significant hazard to the public or the environment? D. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles where of a public airport or public use airport, would the project result in a safety hazard! for people residing or working in the project area? VIII. Hydrology and Water Quality - Would the project: A. Violate Regional Water Quality Control Board water quality standards or waste discharge requirements? B. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (Le., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? dblEnv Form CEQA Chklst ATTACHMENT B 75A-45 Potentially Significant Impact D D o D D D Potentially Significant Unless Mitigation Incorporated D D o D ~ D Less Than Significant Impact jx{ f{ o o D D No Impact o o Ai #' D k' Page 5 of 12 ~'A Environmental Checklist For CEQA Compliance Issues & Supporting Information Sources C. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off- site? D. Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted run-off? E. Otherwise substantially degrade water quality? F. Place housing within a 1 OO-ye~r floodplain, as mapped on a federal Flood Haz~rd Boundary or Flood Insurance Rate Map or other flood hazard delineation map? G. Place within a 100-year floodplain . structures which would impede or redirect flood f1ow~? H. Place housing within a 1 OO-ye~r floodplain, as mapped on a federal Flood Hadrd Boundary or Flood Insurance Rate Map or ot~er flood hazard delineation map? I. Result in an increase in pollutant discharges to receiving waters? Consider water quality parameters such as tempera~ure, dissolved oxygen, turbidity and other typical storm water pollutants (e.g. heavy metals, pathogens, petroleum derivatives, synthetic organics, sediment, nutrients, oxygen-demanding substances, and trash) J. Result in significant alteration of. receiving water quality during or following construction? K. Could the proposed project reslillt in increased erosion downstream? . L, Result in increased impervious surfaces and associated increased runoff? dblEnv Form CECA Chklst ATTACHMENT B 75A-46 Potentially Significant Impact o o o o o o o o o D Potentially Significant Unless Mitigation Incorporated o D ~ o o D }( M ~ D Less Than Significant Impact x P( o o D o D D D ~ No Impact o o o D D D o o D D Page 6 of 12 ~fA Environmental Checklist For CEQA Compliance M. Create a significant adverse environmental impact to drainage patterns due to changes in runoff flow rates or volumes? N. Tributary to an already impaired water body, as listed on the Clean Water Act Section 303(d) list: If so, can it result in an increase in any pollutant of which the water body is already impaired? O. Tributary to other environmentally sensitive areas? If so, can it exacerbate already existing sensitive conditions? P. Have a potentially significant environmental impact on surface water quality to either marine, fresh, or wetland waters? a. Have a potentially significant adverse impact on groundwater quality? R. Cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses? S. Impact aquatic, wetland, or riparian habitat? IX. land Use and Planning- Would the project: A. Physically divide an established community? B. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program~ or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C, Conflict with any applicable habitat conservation plan or natural community conservation plan? X. Mineral Resources - Would the project: A. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other fane use plan? Issues & Supporting Information Sources dblEnv Form CEQA Chklst ATTACHMENT B 75A-47 o o o o o o D o o D o Potentially Significant Impact o ftf ~ ~ o 1< ~ o D D D Potentially Significant Unless ~ D o o o o j{ D o Less Than Significant Impact o o o o o ft( o D A o A ~ No Impact Page 7 of 12 an,A Environmental Checklist For CEQA Compliance XIII. Public Services A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public service: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. Recreation A. Would the project increase the use. of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? B, Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? xv. Transportation I Traffic A. Cause an increase in traffic which is substantial In relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections?) Issues & Supporting Information Sources db\Env Form CEQA Chklsl ATTACHMENT B 75A-48 D o o o o o o o D Potentially Significant Impact Mitigation Incorporated o D o D D o o D D Potentially Significant Unless j( o o o o D o o )( Less Than Significant Impact D o o o D o ~ )( D No Impact Page 9 of 12 ~fA Environmental Checklist For CEQA Compliance XI. Noise - Would the project result in: A. Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? B. Exposure of persons to or generation of excessive ground borne vibration or groundborne noise levels? C. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? D. A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without project? E. For a project located within an airport land use plan or where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XII. Population and Housing - Would the project: A. Induce substantial population growth in an area, either directly (for example, by proposing new homes and business) or indirectly (for example, through extension of roads or other infrastructure)? B. Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Issues & Supporting Information Sources db\Env Fonn CECA Chklst ATTACHMENT B 75A-49 o D o o o D D D Potentially Significant Impact Mitigation Incorporated D D D o o D D D Potentially Significant Unless 9( x ~ y( j( o D D Less Than Significant Impact D o o o D A ~ M No Impact Page 8 of 12 ~fA Environmental Checklist For CEQA Compliance B. Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? D. Substantially increase hazards to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? E. Result in inadequate emergency access? F. Result in inadequate parking capacity? G. Conflict with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? XVI. Utilities and Service Systems A. Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? B. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? D. Are sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? E. Result in the determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Issues & Supporting Information Sources dblEnv Form CECA Chklst ATTACHMENT B 75A-50 o o o o o o o o o o o Potentially Significant Impact Mitigation Incorporated o o o o D o o o o o o Potentially Significant Unless A ~ )( ~ ~ t( ~ A k ~ Less Than Significant Impact o o o o o o o o o o o No Impact Page 10 of 12 ~~fA Environmental Checklist For CEQA Compliance F. Is the project served by a landfill with sufficient permitted capacity to accommodate the project's sold waste disposal needs? G. Comply with federal, state and local statutes and regulations related to solid waste? XVII. Mandatory Findings of Significance A. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? B. Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, effects of other current projects and the effects of probable future projects). C. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? dblEnv Form CECA Chklst ATTACHMENT B 75A-51 Mitigation Incorporated o o ~ ?L o o o o o o o ~ o o K o o o x o Page 11 of 12 MITIGATION MEASURE AMERICA'S TIRE ER 03-232 TIMMING Building plans for Prior to the proposed Building project shall Permits reflect a raised curb around the perimeter of the garage area to retain surface water runoff onsite. The shall constructed drain to underground clarifier/sump/tank equipped with a shut-off valve that can stop further drainage of storm water or spilled material into the street and storm drain system. service area Prior to be Building to Permits Construction plans for the proposed project shall reflect that Best Management Practices would be employed for all exterior construction activities. an Prior to Building Permits and during construction l'a2e. 38 of38 75A-5~ RESPONSIBLE VERIFICATION AGENCY Building/Planning Building/Planning Public Works Building/Planning KO - 06/08/04 RESOLUTION NO. 2004-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2004-06 SEEKING TO ALLOW AN AUTOMOBILE SERVICE USE FOR THE PROPERTY LOCATED AT 1935 EAST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Conditional Use Permit No. 2004-06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 10, 2004. B. The applicant, America's Tire Company, is requesting approval of Conditional Use Permit No. 2004-06 to allow an automobile servicing use in the Arterial Commercial (C5) zoning district at 1935 East Seventeenth Street. C. Santa Ana Municipal Code Section 41-424.5 (f) of the Santa Ana Municipal Code (SAMC) allows automobile servicing subject to the issuance of a conditional use permit of the Santa Ana Municipal Code (SAMC). D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. The Planning Commission determines that the findings necessary to grant a conditional use permit have not been established: 1. Will the proposed use provide a service or facility, which will contribute to the general well being of the neighborhood or the community? The proposed tire store will not contribute to the general well being of the neighborhood and the community because it is providing another automotive service to an area that is already saturated with tire stores (6 tire stores within one mile of this location and 17 tire stores within two miles). Additionally, because of the noise impacts associated with the operation of the tire store, the proposed use is not compatible with the existing surrounding residential and professional offices. 75A-53 Resolution No. 2004-17 Page 1 of 4 2 . Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The noise impacts associated with the proposed tire store will adversely affect the health, safety and general welfare of the surrounding businesses and residents. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed tire store will adversely affect the present economic stability of properties surrounding the area by providing another automotive service to an area that is already saturated with tire stores (6 tire stores within one mile of this location and 17 tire stores within two miles). Additionally, the tire store is not a compatible use with the existing surrounding land uses that are residential and professional offices; as such the future stability of these uses is at risk. Moreover, this retail center and surrounding centers are upscale retail facilities; as such the introduction of a tire store would adversely affect the future economic development of this center and surrounding centers. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will not comply with section 41-1, subdivisions (a) and (f), because (a) the proposed project is not the most appropriate use for the site, in that the site is a high-end, integrated development site formerly occupied with a retail computer store and the site could fail to grow or develop to its maximum potential if a tire store is permitted, and (b) this fact, and the others specified in this resolution if this use were approved, would fail to promote the general welfare of the people of Santa Ana. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Because of the large number of tire stores within a one and two mile radius of this location, approval of this conditional use permit would be contrary to the following goals of the Land Use Element of the General Plan: Goal 1 ("Promote a balance of land uses to address basic community needs"), Goal 2 ("Promote land uses which enhance the City's economic and fiscal viability"), Goal 4 ("Protect and enhance development sites and districts which are unique community assets that enhance the quality of life"). Because of its 75A-54 Resolution No. 2004-17 Page 2 of 4 adjacency to a residential neighborhood both north and east, approval of the conditional use permit for a use with the noise impacts testified to at the public hearing would be contrary to Goal 3 ("Preserve and improve the character and integrity of existing neighborhoods"). E. In accordance with the California Environmental Quality Act, this is not a project; no environmental documentation is necessary for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing, hereby denies Conditional Use Permit No. 2004-06. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Planning Commission Action dated May 10, 2004 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference ADOPTED this 10th day of May, 2004 by the following vote: AYES: Commissioners: Cribb, De La Torre, Leo, Lutz, Mondo (5) NOES: Commissioners: Nalle, Sinclair (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) Glenn Mondo Chairperson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. Otto Deputy City Attorney 75A-55 Resolution No. 2004-17 Page 3 of 4 "I CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2004-17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 10, 2004. Date: Clerk of the Planning Commission City of Santa Ana 75A-56 Resolution No. 2004-17 Page 4 of 4 KO - 09/27/04 RESOLUTION NO. 2004-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2004-06 SEEKING TO ALLO'N AN AUTOMOBILE SERVICE USE FOR THE PROPERTY LOCATED AT 1935 EAST SEVENTEENTH STREET (APPEAL NO. 2004-06) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant, America's Tire Company, is requesting approval of Conditional Use Permit No. 2004-06 to allow an automobile servicing use in the Arterial Commercial (C5) zoning district at 1935 East Seventeenth Street. B. Conditional Use Permit No. 2004-06 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on May 10, 2004. The Planning Commission, by a vote of 5:2 (Nalle and Sinclair opposed) voted to deny Conditional Use Permit No. 2004-06. C. On, June 21, 2004, Conditional Use Permit No. 2004-06 (Appeal No. 2004-06) came before the City Council of the City of Santa Ana for a duly noticed public hearing. The City Council continued the hearing to July 19, 2004. D. On July 19, 2004 the City Council further continued the hearing to August 16, 2004. On August 16, 2004, the City Council further continued the hearing to September 20, 2004 and on September 20, 2004 the City Council continued the hearing to October 4, 2004. E. Santa Ana Municipal Code Section 41-424.5 (f) of the Santa Ana Municipal Code (SAM C) allows automobile servicing subject to the issuance of a conditional use permit of the Santa Ana Municipal Code (SAMC). F. Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a conditional use permit upon making certain findings. The City Council determines that the findings necessary to grant a conditional use permit have not been established: 1. Will the proposed use provide a service or facility, which will contribute to the general well being of the neighborhood or the community? The proposed tire store will not contribute to the general well being of the neighborhood and the community because it is 75A-57 Resolution No. 2004-xx Page 1 of 4 Resolution No. 2004-xx Page 2 of 4 2. 3. 4. 5. providing another automotive service to an area that is already saturated with tire stores (6 tire stores within one mile of this location and 17 tire stores within two miles). Additionally, because of the noise impacts associated with the operation of the tire store, the proposed use is not compatible with the existing surrounding residential and professional offices. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The noise impacts associated with the proposed tire store will adversely affect the health, safety and general welfare of the surrounding businesses and residents. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed tire store will adversely affect the present economic stability of properties surrounding the area by providing another automotive service to an area that is already saturated with tire stores (6 tire stores within one mile of this location and 17 tire stores within two miles). Additionally, the tire store is not a compatible use with the existing surrounding land uses that are residential and professional offices; as such the future stability of these uses is at risk. Moreover, this retail center and surrounding centers are upscale retail facilities; as such the introduction of a tire store would adversely affect the future economic development of this center and surrounding centers. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use will not comply with section 41-1, subdivisions (a) and (f), because (a) the proposed project is not the most appropriate use for the site, in that the site is a high-end, integrated development site formerly occupied with a retail computer store and the site could fail to grow or develop to its maximum potential if a tire store is permitted, and (b) this fact, and the others specified in this resolution if this use were approved, would fail to promote the general welfare of the people of Santa Ana. Will the proposed use adversely affect the General Plan or any specific plan of the City? Because of the large number of tire stores within a one and two mile radius of this location, approval of this conditional 75A-58 use permit would be contrary to the following goals of the Land Use Element of the General Plan: Goal 1 ("Promote a balance of land uses to address basic community needs"), Goal 2 ("Promote land uses which enhance the City's economic and fiscal viability"), Goal 4 ("Protect and enhance development sites and districts which are unique community assets that enhance the quality of life"). Because of its adjacency to a residential neighborhood both north and east, approval of the conditional use permit for a use with the noise impacts testified to at the public hearing would be contrary to Goal 3 ("Preserve and improve the character and integrity of existing neighborhoods"). G. In accordance with the California Environmental Quality Act, this is not a project; no environmental documentation is necessary for this project. Section 2. The City Council of the City of Santa Ana after conducting the public hearing herby denies Conditional Use Permit No. 2004-06 and Appeal No. 2004- 06. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Council Action dated October 4, 2004 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference. Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. The Clerk of the Council shall give direct notice to the applicant of the Council's decision and these findings. ADOPTED this day of ,2004 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee o. Otto Deputy City Attorney 75A-59 Resolution No. 2004-xx Page 3 of 4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2004-044 to be the OI'iginal resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2004-xx Page 4 of 4 Clerk of the Council City of Santa Ana 75A-60 " ...J ...J <(M U uJ Z o :c 0.. I~ A.M. ~ 7/ _ TIME_P.M. 75A-61 JUN-21-2004 01:50 PM COUNSELING. CENTER 714 543 6720 P.01 ~ha~C.4wL 1913 E. 17tt SINIt. SUb 119 SlriaAnl. CA 92705 0Ib: (714) S.3-6720 Fmc (114) 543-6730 June 21. 2004 Dear City Counsel Membe1'$, We do rot want America's Tin! ComplIny next door to 1& We are a small business ~ doctors. lawyers, rml estam oompIIJlies, dcmtistB and coWRIing oeaters. ThI noise. people. and air pollution will deeply affect our bus~. Plea.1.le do nol degrade Ol1r poperty. We were not infca1l1cd about the meeting tonight and W13hlc to atb:nd at such a short notice. If you would postpone this meeting to a later date. we wm have legal representation as v.e did at the Planning Committee meeting. Please do not allow lhe big COIJXlIB1e people to bowl over we small business people. Regards. ~~~p .n(y(~ Donna Stapp, Ph.D. MFT Debbie Miranda. MFT 75A-62 ~-:::.;,-,;; MEREDITH PARKWOOD NEIGHBORHOOD ASSOCIATION Near 11/1 & Tustin Avenue Santa Ana, California July 9,2004 Miguel Pulido, Mayor City Of Santa Ana City COllllCil PO Box 1988 Santa Ana, CA 92702 I ,-. 1'1 11i Vj I, I 1/ l't..-" \ \ / I,.' \ f]} i \..,L' Dear Mr. Pulido, It has come to our attention that American Tire wants to put a location in the aSH Shopping Center. On so many levels, our neighborhood association is strongly opposed to this type of retail establishment. Tire stores are noisy and, more often than not, dirty. There are two other available pads in that center which would probably end up being automotive- type businesses - what other business types would want to be next to a tire store? Years ago, a decision was made to locate all auto businesses in the auto mall just around the comer on Tustin Avenue. We see no cogent reason why this plan should be changed. There are already 4 tire stores in the immediate vicinity . In addition, much effort was put into rejuvenating the blighted intersection of 17th and Tustin. Attractively landscaped medians were added to 17th and a plan was put together to enhance this area and to attract businesses that would add value, a far superior cycle of successful development. A tire store located there would send off the wrong message to the business community already established there. Also, this is a gateway in to Santa Ana - what would business patrons think about businesses that do business in Santa Ana. Let's not take a step backward and allow the development of a tire store at this location. Again, please consider the long term ramifications of your decision on this matter. Thanks for your time and consideration. Sincerely, . ~~,=d~ 75A-63 . 75A-64 r c: : L- July 23, 2004 City Council City of Santa Ana P.O. Box 1988 Santa Ana, CA 92702 Weare opposed to the allowing a tire store at the entry to our city at 1 ih Street, just west of Tustin, next to aSH. We have an auto mall around the comer where another tire store, would be more appropriate. We already have 4 tire stores in the vicinity. Please leave the beautiful entry to our city to more appropriate business establishments. Sincerely, L(Yl LLtv~( K_ /tucW ~-II A~ r' . r41C ae & ichelle See s 2101 N. Williams St. Santa Ana, CA 92705 75A-65 ,,,.o, t ' , ,) /) ( r; . . ~ 1./ Message Page 1 of2 Trujillo, Rose Ann From: Christensen, Angi Sent: Friday, July 30, 2004 3: 17 PM To: 'Bist, Lisa (Contractor)' Subject: FW: Opposition to Tire Store on 17th Street -----Original Message----- From: Dawn Abraham [mailto:dawnabraham@sbcglobal.net] Sent: Wednesday, July 28,2004 11:43 PM To: Bist, Lisa Subject: Opposition to Tire Store on 17th Street Dear Councilman Bist: I am writing to you in opposition of placing a tire store in the aSH Shopping Center on 17th Street just west of Tustin Avenue. We already have four tire stores located in our neighborhood. One is right around the corner on Tustin Ave. about one and a half blocks north of 17th Street. Allen Tire is located approximately 1/4 mile from the aSH site on Tustin just past 17th Street also. There is another tire store located on Grand Ave. and 17th, just south of the Post Office. Tire stores tend to be noisy and dirty and would be disruptive to the homes located adjacent to the aSH shopping center. The city has taken great thought into rebuilding the Tustin Ave./17th Street area and a Tire Store would not be appropriate and is not needed. There are many other businesses that would be more appropriate for this area and the surrounding neighbors. Please vote against putting in a tire store in the aSH shopping center at the upcoming council meeting in August. Sincerely, Dawn Abraham (Homeowner) 2126 East 20th Street Santa Ana, CA 92705 (714) 972-8978 7/30/2004 75A-66 Ruby Gonzales Woo 2234 North Pacific Avenue Santa Ana, CA 92706 P \2~ 3'3 1~~~ ~\lG - '2 ~" r S~~~~ \ ~4~~~ ' August 1,2004 Mayor Miguel Pulido Councilman Brett Franklin Councilman Jose Solorio Councilwoman Lisa Bist Councilwoman Claudia Alvarez Councilwoman Alberta Christy Councilman Mike Garcia City of Santa Ana 20 Civic Center Drive Santa Ana, CA 92701 Re: Amendment Application No. 2004-03 Honorable Mayor and members of the City Council: After over 25 years of struggling to maintain the integrity of the Artesia Pilar neighborhood from commercial intrusion into the our neighborhood, we wholly support the property owners in their application to amend the zoning district for seven properties from Community Commercial (C-I) to Single-Family Residence (R-l) to be consistent with the Low Density Residential General Plan designation at 1406, 1622, 1706, 1707, 1727, 1735 West Santa Ana Boulevard and 415 Forest Street. It should be noted that close to 50 residents attended a City Council meeting held at the Police Community Annex to spoke in favor of a similar application approved by the Council. The Artesia Pilar Neighborhood Association supports the continuation of the City Council's policy to improve the quality of our older neighborhoods by protecting the integrity of our neighborhoods and reversing decline. This application to amend the zoning district for those seven properties to Single-Family Residence will further the preservation of our neighborhood and is consistent with the General Plan. As a property owner of a Single Family residence at 1901 West 2nd Street nearby where my mother resides, I also support the application. With the severe housing shortage in the county and the need for housing, the best use and highest use for those properties would be Single Family Residential. We urge the City Council to finalize the application and approve the amendment to Single Family Residential. Sincerely, {L, :2~ ' . / aA' I'~ ~----v Ruby~esWo;:;t Artesia Pilar Neighborhood Association 75A-67 CITY OF Sr~!Tlc\ P.N,tJ. CLERK 9f COUNCIL ..Z80lt AUG - 5 A q: 0.2 2105 E. Peachwood Lane Santa Ana CA 92705 August 3, 2004 Subject: America's Tire Store The proposed tire store business on 17th Street, Santa Ana is but another opportunity to ignore the fact that there are two other designated tire business in the same 6 block area i.e. Goodyear on Grand Avenue and Allen Tire Store on Tustin Avenue. The physical area would be on 17th Street at the aSH shopping center and would indeed be a blight on the extent that the planners for that shopping center have endeavored to make it visibly acceptable to the neighborhood. Vast sums have been expended to improve the 17th Street image and a tire business would only be a negative impact. PLEASE DO NOT APPROVE THIS MOVE TO HAVE A TIRE STORE ON 17TH STREET. Bes~ regards, /iaz~?r---/~"" f V Betty A. Tabor Copies to: Miguel Pulido Brett Franklin, Mayor Pro Tern Councilmen: Jose Solorio, Mike Garcia, Alberta Christy, Lisa Bist, Claudia Alvarez David Ream, City Manager Patricia Healy, Clerk of Council Joseph Fletcher, City Attorney 75A-68 DON FROST INSURANCE AGENCY, INC. STATE L1C. #0622330 1913 E. 17th St. Suite 217 SANTA ANA, CA 92705-8627 (714) 835.9341 (800) 729-9207 Fax (714) 835.2933 JMJ@lJOO([J) LETTER ..HHf2~..H Date .... H.......... H f{~19H~'?'-j. ...... . ~/. Subject.. . .... ..... ... ...... ..H~... .~H~.~H.l~~H~H~~H lift, ST. ..... ....H...._........-.............. ... S~ ~ql~' . .".(ooLf~'- .. .......~H..U4HH... "ele.~ ,',- -#- "2.... 0 0 4-0 Co p~ ~_k To... ........ ............................................. .... ...J.~IVJ ..~ ..Q,e,CSD'\.l~K~UHU. u. . .... ...H..H.. H ......uS~.~7{a'".f?JH~7Dlu ... > . ..,.-1a DON FROST INSURANCE AGENCY, INC. STATE L1C. #0622330 1913 E. 17th St. Suite 217 SANTA ANA, CA 92705-8627 j\)f[@l1DrJ(fJ) LETTER (714) 835-9341 (800) 729-9207 Fax (714) 835-2933 To VYlL~ .... .. P~LoI1h~ YQ ~.(3{)X ....lcrrfuuH .............. .....U S.~ .~jCa,.....9'27~...~ Date .. ff ~I 0 -d '-f .~ > .......~...... ~ ~ /7~ .........~~~~ ...........~..........~.;...............~..~.....~~...#- ~~ (~~ ~ ~.~.~. i,G"'o~~~~..f)~ o No reply necessary FROST INSURANCE AGENCY, INC. STATE LlC. #0622330 1913 E. 17th St. Suite 217 SANTA ANA, CA 92705-8627 ([]) LETTER (714) 835-9341 (800) 729-9207. Fax (714) 835-2933 D evv-J ~ To .mmH...m...H mH .....m.H.Hm.J .. .. .2, (J.~O'{HJqHKK . . .. .... .SL:La:f4~~JGL'HHHHg~761... > H . ...% m~m.qH{?~~HHm%. ....~...........~rl~~~~........ ....~..... ..................................:......~...~....................................... ~ ~~.. .. m .Hmm ....HHmmm.H .....mTkH .m~H .H....~{HH~mm,~mHHdo HH~HHm~.:mHHHH.mHm.mmHH.HHHHHHmHmHHmHHHm..mmmmHm.H... ....................H ~.~ ~~ ~~~ ......~....................~.................~....::;~,~f{;i~, tn~~[J;~ ~..;~~~€GJ~/)<~~ ~D~ ;LL{ ~ sJ~ ~ .. MEREDITH P ARKWOOD NEIGHBORHOOD ASSOCIATION Near I1n & Tustin A venue Santa Ana, California 714-542-9556 ...... c:::> c:::::> .= (/) rT1 -0 September 8, 2004 Miguel Pulido, Mayor City Of Santa Ana City COlll1cil PO Box 1988 Santa Ana, CA 92702 CJ )> ..g (J1 ...J "'- Dear Mr. Pulido, As the vote looms for America's Tire Store on September 20th, this letter is just a reminder that our neighborhood still strongly opposes this type of business on 17th Street. TIris type of retail establishment is not the right mix of businesses for that particular area. There is a successful shopping center across the street - let's build on that success to create another center which would offer more value and be more amenable for our neighborhood. In addition, much effort was put into rejuvenating the blighted intersection of 17th and Tustin. Attractively landscaped medians were added to 17th and a plan was put together to enhance this area and to attract businesses that would add value, a far superior cycle of successful development. A tire store would send off the wrong message to the business community already established there. Also, this is a strategic gateway to Santa Ana. A few years ago, the decision was made to locate all automotive businesses around the comer on North Tustin. This decision was not capricious. Much thought and planning went into it. As a neighborhood, we see no new information that would make this plan untenable and, thus, necessitate a change. Besides, there are already four other tire stores within a mile of this location. Let's not take a step backward and allow the development of a tire store at this location. Again, please consider the long-term ramifications of your decision on this matter. Thanks for your time and consideration. Sincerely, I ' ! ,~,/) '\ Diana Hardy, President 1 75A-72 ~ Linda Carter, Vice President >f}..1.~ Roger Shortall, Vice PreSi~t 6?~ SJ1r1--t 0 Carol Scott, Secretary ~ ~ Lee Ingersoll, Block Captain ~ Michael-Ann Pevehouse, Block Captain '--;~__~ ~ a.......... ~. <. Bill Pevehouse, Block Captain , .11 ~ //'" /J/ Joe Mayo, Block Captain ?; t7" /7'f' t Peggy Hartnett, Block Captain e71-1 / . Karen Hansen, Block Captain t(~ ~ 4.' . . ;7 ~J -?/ .,~. Winston Covingto~ Block Captain ~~~J"'- /<- ,t:#t~ CC: Brett Franklin, Mayor Pro Tern Claudia Alvarez, Councilwoman Lisa Bist, Councilwoman Alberta Christy, Councilwoman Mike Garcia, Councilman Jose Solorio, COlUlCilman Joseph Fletcher, City Attorney Da'1d. Ream,. City Manager PatlWiaHea!y, Clelk Qftite€ouneil 2 75A-73 75A-74 OCTOBER. 10,2001+ HO~ORABLE MAYOR MIGUEL PULIDO 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 SU6JECT: WITHDRAW~ OF AMERICAN TIRE STORE APPEAL DEAR MAYOR PULIDO: MY CLIENT, AMERICAN TIRE STORE, RESPECTFULLY REQU~STS ~O WITHDRAW ITS APPLICATION BEFORe yOU iONIGHT. THEY WERE UN- ABLE TO BE REPRESENTED TONIGHT AND ALSO REALIZE THERE IS ADDI T IONAU_WORK TO BE DONE TO SAT I SFY THE NE IGH60RS. IN THE SPIRIT OF FAIRNESS THEY WOULD LIKE THE OPPORTUNITY TO FURTHER MODI~Y AND DEVELOP THE PROJ~CT SO THAT IT CAN BE AN ASSETT TO THE COMMUNITY. THANK YOU IN ADVANCE FOR CONSIDERING OUR ~EQUEST. SgQ~~~ JOHN WITHERS AUTHORIZED AGENT FO~ AMERICAN TIRE STORES