5 Hutton Centre Drive, Suite 300 • Santa Ana, CA 92707 • T: 714.751.7373 • F: 714.545.8883
MEMORANDUM
September 29, 2023
To: From:
Edgardo Caldera
Senior Planner
City of Fullerton
Alia Hokuki, AICP
Senior Project Manager
Psomas
Subject: Substantial Evidence for Notice of Exemption for the 312 North Euclid Street Project
SECTION 15303, (CLASS 3) NEW CONSTRUCTION OR CONVERSION OF SMALL
STRUCTURES)
Section 15303 (3), New Construction or Conversion of Small Structures would apply to the 312 North Euclid Street Project (Project). Specifically, Class 3 would be applicable to construction of the new vehicle fueling pumps, gas station canopy, and control building at the Project site. Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure.
SECTION 15332, IN-FILL DEVELOPMENT (CLASS 32) CRITERIA
Section 15332, In-Fill Development Projects (Class 32), also applies to the proposed Project. Specifically, Class 32 would apply to the implementation of the Project in an infill location. Class 32 consists of infill projects that are consistent with the General Plan and Zoning designations and requirements. This class of projects are characterized as in-fill development meeting the following conditions:
a. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. b. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare, or threatened species. d. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
e. The site can be adequately served by all required utilities and public services.
PROJECT DESCRIPTION
The Project site is located within the parking lot associated with the existing Provecho Market, at 312 North Euclid Street, within an urbanized portion of the City. The Project proposes construction of a self- serve gas station with eight vehicle fueling pumps, a gas station canopy, and an auxiliary control building within the northern most portion of the Project site. The Project site is bordered by commercial land uses to the north, south and east and single-family and multi-family units to the west.
The Project site is currently developed with a 20, 990 square foot (sf) grocery store and associated surface parking.
Edgardo Caldera
September 29, 2023
Psomas
Development of the new gas station would require the removal of 14 existing parking stalls. The service station would be unmanned with self-service gas pumps and does not include the construction of a store or attendant booth. The gas station would be an accessory use to the grocery store, Provecho Market, and would operate consistent with the store hours, currently 7:30 am to 9:30 pm. The Project would also include the construction of site improvements, including landscaping improvements and enhanced entry pavement.
CITY OF FULLERTON GENERAL PLAN LAND USE MAP AND GUIDELINES The City’s Zoning designation for the Project site is General Commercial (G-C) (City of Fullerton 2022a).
Land Use: The City’s General Plan, The Fullerton Plan, allows for the development of a variety of commercial land uses within G-C designation, including but not limited to, automobile service station subject to FMC 15.30.040.D (City of Fullerton 2012). FMC 15.30.040.D requires the following:
D. Service station and car wash locations:
1. Service station and car wash sites shall be located at the intersection of two arterial-width highways or at the intersection of a freeway or flood-control channel abutting a freeway and an arterial-width highway unless the service station or car wash is an accessory use and an integral part of the operation of a department store, membership warehouse, hotel or other similar facility.
2. A service station and/or car wash site may be approved administratively by the Community Development Director if it complies with the development standards for the zone in which it is located and will operate as an accessory use to a department store, membership warehouse, hotel or other similar facility and will not be detrimental to the public health, safety, or welfare
While the proposed service station is not located at the intersection of two arterial-width highways or at the intersection of a freeway or flood-control channel abutting a freeway and an arterial-width highway, the service station is an accessory use and an integral part of the operation of the existing grocery store, Provecho Market, at the Project site.
Additionally, the Project would comply with the development standards for General Commercial zoned properties and will operate as an accessory use to the existing grocery store. Moreover, the facility would not be detrimental to public health, safety, or welfare.
As such, the Project would be consistent with the Land Use regulations of The Fullerton Plan and the City’s Zoning Ordinance.
Edgardo Caldera
September 29, 2023
Psomas
SECTION 15300.2–EXCEPTIONS CRITERIA
Categorical Exemptions are subject to the additional conditions described in Section 15300.2, Exceptions, of the State CEQA Guidelines, as follows:
Location
“(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.”
As noted, this exception is applicable to the Class 3 Categorical Exemption, but it is not applicable to the Class 32 Categorical Exemption. Nevertheless, it is noted the Project site does not contain a designated, mapped, or adopted environmental resource of hazardous or critical concern.
Significant Effects (unusual circumstances)
“(c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.”
The Project would not have a significant effect on the environment due to unusual circumstances, as demonstrated below. Neither the Project site, nor the proposed Project, has any features or characteristics that would distinguish it from other in-fill projects in an urban environment; therefore, there are no unusual circumstances. Also, the Project-related construction activities will occur within the construction staging area and not impact surrounding area.
Project construction would not disturb existing utility infrastructure. The proposed Project would connect to existing utilities, as necessary, while protecting all existing utility facilities. The construction contractor would be required to take precaution to protect all existing facilities and utilities; would not perform any work that would interfere or damage existing service; and would provide all measures necessary to protect existing structures during construction (e.g., bracing, shoring) during all phases. Upon completion of construction, all disturbed pavement areas would be restored to pre-construction conditions. The potential impacts related to Section 15332, In-Fill Development (Class 32) Criteria are discussed below:
• The Project would result in limited short-term construction related Air Quality and GHG Emissions during construction activities. The types and numbers of construction equipment used during construction would be limited given the size of the Project site; therefore, construction activities are not expected to exceed regional or local significance thresholds established by the South Coast Air Quality Management District (SCAQMD) or any applicable draft GHG thresholds promulgated by the SCAQMD Working Group. Additionally, the Project would not result in a wasteful or inefficient use of energy.
• The Project site is developed with existing structures and includes ornamental landscaping, which provides minimal foraging habitat for common animal species that are typically found in urban area. Due to the disturbed nature of the site, there are no habitats suitable for special status plant Edgardo Caldera
September 29, 2023
Psomas
and animal species. Further, review of the U.S. Fish and Wildlife Service’s (USFWS’) Critical Habitat for Threatened and Endangered Species shows the nearest critical habitat is located approximately 1.7 north of the Project site (USFWS 2023a). Various residential, commercial, and industrial land uses lie between the Project site and the nearest critical habitat; therefore, the Project would not have an impact on federally listed Threatened or Endangered plant or wildlife species, nor would it result in removal of any federally designated critical habitat. Furthermore, review of the U.S Fish and Wildlife Service’s National Wetlands Inventory indicates that there are no riparian habitat or wetlands located on the Project site, nor would any be affected by the Project (USFWS 2023b). The nearest riparian habitat is the Fullerton Creek, a 0.57-acre Riverine habitat located approximately 0.11 mile north of the Project site. Various commercial and residential land uses lie between the Project site and the nearest habitat; as such, the Project would not have an impact on a wetland or other riparian habitat. Additionally, the Project site is situated in a developed urban area and does not function as a wildlife corridor or native wildlife nursery site.
• The State of California has established Earthquake Fault Zones for the purpose of mitigating the hazard of fault rupture by prohibiting the location of most human occupancy structures across the traces of active faults. The Project site is not included within an Earthquake Fault Zone as created by the Alquist-Priolo Earthquake Faulting Zone Act (DOC 2022). A review of published geologic literature and maps pertaining to the site vicinity indicates that there are no known or potentially active faults with the potential for surface rupture crossing or projecting towards the site.
However, because of the high tectonic activity of the region and proximity of the Puente Hills Blind Thrust Fault system, located approximately 0.7 mile north of the Project site, and other faults such as the Elsinore Fault system the potential for surface rupture cannot be precluded. It should be noted that the Southern California region is an area of moderate to high seismic risk and it is not considered feasible to render structures fully resistant to seismic related hazards. The Project would comply with the 2022 California Building Code (CBC). • A Water Quality Plan (WQP) was prepared for the Project by Ventura Engineering Inland in May 2023. Section IV of the plan identifies a number of Best Management Practices (BMPs) that would be implemented during Project design and Project operations. Required for all Non- Priority new development and significant redevelopment projects, Site Design BMPs reduce the volume of stormwater runoff generated on a project site and improve the quality of runoff that leaves the site. Source Control BMPs, non-structural and structural are also required for Non- Priority projects. Additionally, during construction, the contractor would be required to implement erosion control measures to manage sediment and other potential pollutants that could affect water quality. Appropriate BMPs would be implemented to minimize transport of construction related materials, wastes, spills, or residues from the site to streets, drainage facilities, or adjoining property by wind, runoff, or tracking. The Project would comply with all local, State, and federal laws and any requirements pertaining to stormwater runoff. • Construction of the Project would comply with the City’s noise ordinance and be limited to the least noise-sensitive hours of the day per Fullerton Municipal Code, Section 15.90.050. Although construction activity would be audible to some of the nearby residences, it would be temporary and occur during the least noise-sensitive parts of the day. Additionally, construction activities would not involve pile drivers or other equipment that exceed the noise level limits established by the City under Fullerton Municipal Code Section, 15.90.050. Thus, noise generation would not be considered substantial or adverse.
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• Based on the City Traffic Engineer, the Project site is located within a Transit Priority Area (TPA) and would not exceed the City’s adopted significance criteria for Vehicle Miles Traveled (VMT), and as such would not result in VMT impact. Gas stations are considered local serving uses as they provide motorists with additional fuel choices closer to their route of travel, potentially improving the convenience of fueling and an overall reduction in VMT. Gas stations typically do not significantly increase overall trips but serve patrons already driving along a route or within a neighborhood. Additionally, at this location it is anticipated that patrons of the market will also become patrons of the gas station, thus reducing overall travel. Further, all nearby roads would remain open at all times during construction, unless approved by the City engineer.
Scenic Highways
“(d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.”
The Project would not result in damage to scenic resources, as none exists near or within the viewshed of the Project site. The nearest Officially Designated State scenic highway is State Route (SR) 91, which is located approximately 6.9 miles southeast of the Project site at its nearest point (Caltrans 2023a, Caltrans 2023b). During construction, equipment would not be visible by motorists traveling on SR 91 due to the urban built environment surrounding the Project site; the topography of the land; and distance to the Project site. Likewise, long-term, the proposed development of the gas station would not be visible by motorists traveling on SR 91 due to intervening topography, surrounding urban environments, and distance to the Project site. Therefore, neither Project construction nor Project operation would create a significant impact pertaining to public views or scenic opportunities.
Hazardous Waste Site
“(e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.” The Project site is not located on a site that is included on a list of hazardous materials sites compiled, pursuant to Section 65962.5 of the California Government Code (i.e., Cortese List) (DTSC 2023).
Historical Resources
“(f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.” Based on review of the City of Fullerton Local Register of Historical Resources, the Project site is not identified as a listed or eligible historic resource (City of Fullerton 2021).
Edgardo Caldera
September 29, 2023
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REFERENCE
California Department of Transportation (Caltrans). 2023a (September 28, last accessed). State Scenic Highway Map. Sacramento, CA: Caltrans.
https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e805711 6f1aacaa
California Department of Transportation (Caltrans). 2023b (September 28, last accessed). List of Eligible and Officially Designated State Scenic Highways (.xlsx download). Sacramento, CA: Caltrans. https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i- scenic-highways
Department of Toxic Substances Control (DTSC). 2023 (September 28, last accessed). Cortese List Data Resources, List of Hazardous Waste and Substances sites from Department of Toxic Substances Control (DTSC) EnviroStor database. Sacramento, CA: CalEPA. https://calepa.ca.gov/sitecleanup/corteselist/.
Department of Conservation (DOC). 2022. Earthquake Zones of Required Investigation. Sacramento, CA:
Department of Conservation. https://maps.conservation.ca.gov/cgs/EQZApp/ Fullerton, City of. 2023a. (September 28, last accessed). City of Fullerton Capital Improvement Projects.
City of Fullerton Public Works. Fullerton, CA: Fullerton. https://www.cityoffullerton.com/government/departments/public-works/capital-improvement- program
Fullerton, City of. 2023b. (September 28, last accessed). City of Fullerton Project Listing. City of Fullerton Planning Department. Fullerton, CA: Fullerton. Fullerton, City of. (2023a). (January 31, last accessed). City of Fullerton Capital Improvement Projects. City of Fullerton Public Works.
Fullerton, CA: Fullerton. https://www.cityoffullerton.com/government/departments/public- works/capital-improvement-program
Fullerton, City of. 2023. (September 28, last accessed). Fullerton, California Municipal Code. Fullerton, CA: Fullerton. https://codelibrary.amlegal.com/codes/fullerton/latest/fullerton_ca/0-0-0-1 Fullerton, City of. 2021 (February 25). City of Fullerton Register of Historical Resources. Fullerton, CA:
Fullerton
https://www.cityoffullerton.com/home/showpublisheddocument/5376/637673111878500000 Fullerton, City of. 2020. (September 28, last accessed). City of Fullerton Development Activity.
Fullerton, CA: Fullerton. https://www.cityoffullerton.com/government/departments/community- and-economic-development/planning-zoning/development-activity Fullerton, City of. 2012. (September 28, last accessed). The Fullerton Plan. Fullerton, CA: Fullerton. https://www.cityoffullerton.com/government/departments/community-and-economic- development/planning-zoning/general-plan/the-fullerton-plan International Code Council (ICC). 2022 (July), 2022 California Green Building Standards Code:
California Code of Regulations, Title 24, Part 11. Washington, D.C. https://codes.iccsafe.org/content/CAGBC2022P1/copyright Edgardo Caldera
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U.S. Fish and Wildlife Service (USFWS). 2023a (September 28, access date). Critical Habitat for Threatened and Endangered Species. Washington, D.C.: USFWS. https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe09893cf75b8 dbfb77
U.S. Fish and Wildlife Service (USFWS). 2023b (September 28, access date). National Wetlands Inventory. Washington, D.C.: USFWS.
https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/