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HomeMy WebLinkAbout5.0_Shell Service Station Car Wash Addition_PA2016-093CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT July 9, 2020 Agenda Item No. SUBJECT:Shell Service Station Car Wash Addition (PA2016-093) ƒGeneral Plan Amendment No. GP2018-001 ƒConditional Use Permit No. UP2016-025 SITE LOCATION:1600 Jamboree Road APPLICANT:R & M Pacific Rim Inc. OWNER:Erickson Industries Inc. PLANNER:Melinda Whelan, Assistant Planner 949-644-3221,mwhelan@newportbeachca.gov PROJECT SUMMARY The project was scheduled for the June 18, 2020, meeting and continued to this meeting so the applicant could conduct additional public outreach. The project was first considered by the Planning Commission on September 13, 2018. The project includes a general plan amendment and conditional use permit to construct an automated car wash in conjunction with an existing service station. A general plan amendment is requested to increase the maximum floor area limit for the site by 1,100 square feet to accommodate the proposed car wash. A conditional use permit is requested to allow the addition of the proposed car wash. If approved, this Conditional Use Permit would supersede Use Permit No. UP2011- 028. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. PC2020-022 recommending City Council approval of General Plan Amendment No. GP2018-001 and Conditional Use Permit No. UP2016-025 (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Shell Service Station Car Wash Addition (PA2016-093) Planning Commission, July 9, 2020 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial (CG)Big Canyon PC (PC-8)Shell service station NORTH Multiple-Unit Residential (RM)Park Newport (PC-7)Residential apartments SOUTH CG Commercial General (CG)Chevron service station EAST Single-Unit Residential Attached (RS-A) PC-8 Single-family residential WEST Single-Unit Residential Detached (RS-D) Newporter North (PC-41)Single-family residential Proposed Car Wash Location 3 INTENTIONALLY BLANK PAGE4 Shell Service Station Car Wash Addition (PA2016-093) Planning Commission, July 9, 2020 Page 3 INTRODUCTION Project Setting The existing service station site is 49,984 square feet in area (1.15 acres) and is located at the northeast corner of the intersection of Jamboree Road and San Joaquin Hills Road . The parcel is triangular shaped with two sides fronting major roads (Jamboree Road and San Joaquin Hills Road). The third side at the rear abuts a free-right-turn lane that merges traffic directly onto Jamboree Road from San Joaquin Hills Road. Service Station Background The project site is developed with a Shell service station, originally permitted under Use Permit No. UP1495 in 1970 and amended in 1992 to add a convenience store .In 2014, Conditional Use Permit No. UP2011-028 was approved by the Planning Commission to expand the convenience store and storage areas from the vacated vehicle service bays. The amendment also added a Type 20 (Off Sale Beer & Wine) Alcoholic Beverage Control (ABC) license to the convenience store. Project Description The applicant is proposing to expand the facility with an automated car wash structure. The car wash structure will measure 1,100 square feet in area and be located toward the rear property line that abuts the free-right-turn lane. The car wash will accommodate one vehicle at a time, with vehicles entering the car wash from the westerly side of the building (Jamboree side) and exiting toward the easterly side facing San Joaquin Hills Road. One vacuuming station will be located adjacent to the convenience store building on the south side facing the parking area. To minimize noise, the car wash design includes an automatic entry and exit door that will be closed during the washing of each vehicle. A detailed project description and analysis of the application is provided in the September 13, 2018, Planning Commission staff report included as Attachment No. PC 2. September 13, 2018, Planning Commission Hearing On September 13, 2018, the proposed project was considered by the Planning Commission. The Planning Commission expressed an overall concern with potential noise impacts from the car wash affecting residential properties within the Big Canyon neighborhood and a lack of public outreach. Several Commissioners expressed concern about a noise mitigation, improved design features, potentially reduced hours of operation, and a need for additional landscaping. The minutes from the September 13, 2018, Planning Commission hearing are included as Attachment No. PC 3. At the conclusion of the hearing, the applicant requested a continuance of the item to allow for time to address the Planning Commissions concerns. 5 Shell Service Station Car Wash Addition (PA2016-093) Planning Commission, July 9, 2020 Page 4 DISCUSSION Project Revisions On March 5, 2020, the applicant resubmitted project revisions. The applicant’s new representative, Steve Rosansky, has prepared a detailed letter outlining the actions taken by the applicant for outreach and project revisions since the last Planning Commission hearing (Attachment No. PC 4). The two major project changes are related to hours of operation and revising the design of the car wash to incorporate sound-attenuating wall extensions. Hours of Operation The applicant originally requested car wash operating hours between 6:00 a.m. to 11:00 p.m. to be consistent with the existing service station hours. The applicant is now proposing to reduce the car wash operating hours to between 7:00 a.m. to 10:00 p.m. to reduce potential late-night or early-morning noise to the neighborhood. The reduced hours will also be consistent with the existing Chevron car wash located across San Joaquin Hills Road. The Use Permit for the Shell service station limits the hours of operation and convenience store to the hours of 6:00 a.m. to 11:00 p.m. and it has not proven detrimental to the neighborhood or City. The project includes conditions of approval to reduce potential nuisances. Car Wash Design Change The design of the car wash has been amended to include two, 10-foot-long, 16-foot-tall, solid wall extensions at the entrance and at the exit of the car wash. The wing walls will reduce noise propagation to nearby residences. The car wash includes automated doors that will close during the wash and dry cycles. Additional landscaping is also provided at both the entrance and exit of the car wash. Revised plans are included as Attachment No. PC 7 illustrating the walls and landscaping (see excerpt in Figure 1 below). Photo simulations of the car wash are also included in the plans (see excerpt in Figure 2 below). Vines will be planted and trained along the car wash walls and wall extensions facing the rear of the facility facing the free-right-turn lane and the Big Canyon residential community above. With the maturity of the landscaping, a green screen similar to the existing hydrogen fuel screening enclosure wall will be created. The revised project was reviewed by Building, Fire and Public Works and conditions of approval have been included to ensure appropriate construction and operations. The Public Works Traffic Engineer confirmed that the queuing and circulation will meet applicable requirements and there will adequate area for five cars to queue (the recommended minimum). 6 Shell Service Station Car Wash Addition (PA2016-093) Planning Commission, July 9, 2020 Page 5 Figure 1. Location of car wash wall extensions Figure 2. Photo simulation view from the rear free-right-turn lane and the Big Canyon residences Updated Noise Study Car Wash Noise Analysis Jamboree Shell Newport Beach, California prepared by Mike Holritz with Bridgenet International dated February 5, 2020, updates the previously prepared noise analysis by accounting for the revised design with sound attenuation wing- wall extensions at the entrance and the exit of the car wash. The analysis is found in Attachment No. PC 5 and concludes that the revised design further reduces projected noise levels. The following is a summary of the projected noise levels and includes a comparison of the car wash with and without the wing-walls to illustrate the reduction in noise: 7 Shell Service Station Car Wash Addition (PA2016-093) Planning Commission, July 9, 2020 Page 6 Table 1 –Projected Noise Level Comparison Site Location Land Use Day Time Limit (Leq) 7a-10p Projected Noise without Wing Walls (Leq) Projected Noise with Wing Walls (Leq) Noise Limit Compliant A Big Canyon Residential 55 dBA 49.4 dBA 39.7 dBA Yes B Big Canyon Residential 55 dBA 48.3 dBA 28.8 dBA Yes C Big Canyon Residential 55 dBA 43.8 dBA 30.2 dBA Yes D Villas Residential 55 dBA 31.8 dBA 31.8 dBA Yes The projected noise levels of the car wash operation are projected to comply with the City’s Community Noise Control limits of Municipal Code Chapter 10.26. The projected noise levels for the proposed car wash are based on the measured noise levels of an existing Arco car wash facility with the identical car wash manufacture, design and details including automatic doors at both the entrance and exit ends. Based upon the measured car wash source noise data and the site plan, the noise levels were calculated from observers at the nearest locations in Big Canyon, and an observer at the Villas at Fashion Island. The noise analysis finds that the proposed car wash designed and constructed with the following design measures from the updated noise study will produce the noise levels below the maximum City’s daytime Noise Control limits discussed above: x Identical equipment types and locations of the Ryko Soft Gloss Maxx system at the Arco facility; 8 Shell Service Station Car Wash Addition (PA2016-093) Planning Commission, July 9, 2020 Page 7 x Building design and walls identical to the Arco facility, door types and configuration including timing of when the doors open and close installed identical to the Arco facility; x Identical building walls and roof materials of the Arco facility; and x Two sound attenuation wing walls that are 10 feet long and 16 feet high designed per the details found in the noise analysis (Attachment No. PC 5). Conditions of Approval Numbers 4, 5, 6, and 8 have been included in the draft resolution to ensure the design measures from the noise analysis are implemented. Additionally, the vacuum cleaner noise potential impacts were analyzed in the updated noise study and found the noise levels below the City’s daytime Noise Control limit. The vacuum is conditioned with the same hours of operation as the car wash, 7:00 a.m. to 10:00 p.m. Public Outreach by Applicant Efforts were made by the applicant’s representative as outlined and provided in Attachment No. PC 4. The applicant offered some design considerations such as additional landscaping on the Big Canyon HOA property; however, such considerations were declined as described in Attachment No. PC 4. Ultimately, the outreach consisted of a presentation of the revised design to Big Canyon residents and the HOA. The applicant and their representative answered questions. Additionally, contact was made with the General Manager of Park Newport. Email correspondence is included in Attachment No. PC 4. The applicant met with representatives of the Big Canyon Homeowners Association on June 30, 2020. The results of the meeting will be provided by the applicant at the public hearing on July 9. Summary Staff believes the findings for approval can be made and facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). The proposed general plan amendment for increased intensity is consistent with General Plan Land Use Element Policy LU 3.2 (Growth and Change) as the increased intensity would provide an ability to enhance services at the site allowing the applicant to remain competitive with other service stations. The proposed car wash would provide a convenient service for the community. The site was solely planned for service station uses and related ancillary services with the adoption of the Big Canyon Planned Community in 1981. The proposed addition of the car wash is consistent with the purpose and intent of the service station development standards of the Zoning Code. Adequate parking, access and circulation is maintained with the new car wash. The proposed car wash complies with the City of Newport Beach Design Guidelines for Automobile Service Stations and Washing as 9 Shell Service Station Car Wash Addition (PA2016-093) Planning Commission, July 9, 2020 Page 8 outlined in the September 13, 2018, staff report. The project will provide and maintain adequate landscaping and screening of equipment, providing a buffer between the service station site and adjacent residential areas. The project has been revised to address the concerns of the Planning Commission and neighbors. The hours of operation of the car wash from 7:00 a.m. to 10:00 p.m. will limit noise intrusion from the car wash during late night and early morning hours. The revised design includes two, 10-foot long, 16-foot-tall wingwalls at the exit and entrance to further reduce the noise levels below the City’s Noise Control Limits and reduces any potential noise impact to the surrounding neighborhood. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application requests. In which case, the service station will remain authorized to operate under Use Permit No. UP2011-028 without a car wash. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The car wash addition is an accessory structure to the service station that does not involve the use of hazardous substances and does not exceed 2,500 square feet in floor area. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Correspondence Received Correspondence received is included as Attachment No. PC 6. 10 Shell Service Station Car Wash Addition (PA2016-093) Planning Commission, July 9, 2020 Page 9 Prepared by:Submitted by: ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions PC 2 September 13, 2018, Planning Commission Staff Report PC 3 September 13, 2018, Planning Commission Minutes PC 4 Resubmittal including public outreach efforts from the applicant PC 5 Car Wash Noise Analysis Jamboree Shell Newport Beach, California prepared by Mike Holritz with Bridgenet International dated February 5, 2020 PC 6 Correspondence Received PC 7 Revised Plans 01/12/18 11 INTENTIONALLY BLANK PAGE12 Attachment No. PC 1 Draft Resolution with Findings and Conditions 13 INTENTIONALLY BLANK PAGE14 RESOLUTION NO. PC2020-022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT NO. GP2018-001 AND CONDITIONAL USE PERMIT NO. UP2016- 025 FOR THE ADDITION OF A CAR WASH TO THE EXISTING VEHICLE SERVICE STATION LOCATED AT 1600 JAMBOREE ROAD (PA2016-093) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by R & M Pacific Rim Inc.(“Applicant”), with respect to property located at 1600 Jamboree Road, and legally described as shown as Parcel 1 in the City of Newport Beach, on a map filed in Book 33, Page 50 of Parcel Maps in the office of the Orange County Recorder (“Property”) requesting approval of a car wash addition to an existing vehicle service station. The Project would require the approval of a general plan amendment and conditional use permit. 2. The Property is developed with a vehicle service station that was previously approved by Use Permit No. UP1495 in 1970 and amended in 1992 to add a convenience store. In 2014, Conditional Use Permit No. UP2011-028 was approved to allow the conversion of service bays into an expanded convenience store and also authorized the sale of alcoholic beverages. 3. The Applicant requests the following approvals from the City of Newport Beach (“City”): x Use Permit (UP2016-025)- An amendment to the existing conditional use permit (“CUP”)(UP2011-028) to permit the operation of an automated car wash and modify the car wash setback standard; x General Plan Amendment (GP2018-001)(“GPA”)- A general plan amendment to increase the 2,300-square-foot maximum development intensty of the site (Anomaly No. 62) to accommodate the 1,100-square-foot car wash addition (“Project”). 4. The Property is located within Commercial - Area 15 of the PC-8 (Big Canyon Planned Community) Zoning District and the City of Newport Beach General Plan (“General Plan”) Land Use Element category is CG (General Commercial). 5. The Property is not located within the coastal zone. 6. A public hearing was held on September 13, 2018 in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Government Code Section 54950 et seq. 15 Planning Commission Resolution No. PC2020-022 Page 2 of 18 (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. The Planning Commission continued the item to give the Applicant time to address concerns regarding noise, neighborhood outreach, and potentially revise the design of the car wash. 7. A telephonic public hearing was held on July 9, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearing was given in accordance with the California Government Code Section 54950 et seq.the (“Ralph M. Brown Act”) and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This Project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential to have a significant effect on the environment. 2. The car wash addition is an accessory structure to the gas station that does not involve the use of hazardous substances and does not exceed 2,500 square feet in floor area. 3. The exceptions to this categorical exemption under Section 15300.2 of the CEQA Guidelines are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. SECTION 3. FINDINGS. 1. Amendments to the General Plan are legislative acts. Neither Title 20 (Planning and Zoning) nor California Government Code Section 65000 et seq. require specific findings for either approval or denial of such amendments. 2. The Land Use Element of the General Plan designates the Property CG (General Commercial), which is intended to provide for a wide variety of commercial activities primarily oriented to serve citywide or regional needs. The Project is consistent with this designation. 3. General Plan Land Use Element Policy LU 3.2 encourages the enhancement of existing neighborhoods, districts, and corridors, by allowing for re-use and infill with uses that are complementary in type, form, scale, and character. Policy LU 3.2 states that changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach’s share 16 Planning Commission Resolution No. PC2020-022 Page 3 of 18 of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The GPA is consistent with General Plan Policy LU 3.2 as follows: a. The General Plan recognizes the existing site as CG (Commercial General), which allows gas stations to provide services to the surrounding neighborhood and visitors to the area. b. The Property was solely planned for service station use and related ancillary services with the adoption of the PC-8 (Big Canyon Planned Community) in 1981. The increased intensity would provide an economic stimulus needed to improve the existing service station with a car wash facility, remain competitive with other service stations, and provide a convenient service for the community. c. The Project is conditioned to include adequate landscaping and screening of equipment, providing a buffer between the service station site and adjacent residential areas. d. The Property is served by existing infrastructure and public services. The proposed increase in intensity will not necessitate any expansion of existing infrastructure. Adequate parking is provided for the service station with the proposed car wash and circulation has been reviewed by the City Traffic Engineer. The ITE Trip Generation Manual (10th Edition) includes car wash in the Gasoline/Service Station with Convenience Market land use description. Therefore, there is no increase in site specific vehicle trips that will impact the Level of Service at Jamboree Road and San Joaquin Hills Road. 4. City Council Policy A-18 requires that proposed GPAs be reviewed to determine if a vote of the electorate would be required pursuant to Section 423 of the Charter of the City of Newport Beach (“Charter”). If a GPA (separately or cumulatively with other GPAs within the previous ten [10] years) generates more than one hundred (100) peak hour trips (a.m. or p.m.), adds forty thousand (40,000) square feet of nonresidential floor area, or adds more than one hundred (100) dwelling units in a statistical area, a vote of the electorate would be required if the City Council approves the GPA. a. The GPA is located in Statistical Area L2 and this is the second amendment that affects Statistical Area L2 since the General Plan update in 2006. The prior amendment, General Plan Amendment No. GP2007-008, was approved over ten (10) years ago on January 27, 2009, and is no longer tracked for Charter 423 purposes. 17 Planning Commission Resolution No. PC2020-022 Page 4 of 18 b. The General Plan Amendment results in a 1,100-square-foot increase of nonresidential floor area, and a net increase of 3.3 a.m. peak hour trips and a net increase of 4.4 p.m. peak hour trips. No changes in density are proposed. c. As none of the thresholds specified by Charter Section 423 are exceeded, no vote of the electorate is required if the City Council chooses to approve GPA No. GP2018-001. 5. The addition of the accessory car wash use to the existing service station constitutes a major change in operations and requires the approval of a new conditional use permit. In accordance with Section 20.52.020(F)(Conditional Use Permits and Minor Use Permits, Findings and Decision) of the NBMC, the following findings and facts in support of the findings for a use permit are set forth: Finding: A. The use is consistent with the General Plan and any applicable specific plan; Facts in Support of Finding: 1. The Property has a land use designation of CG (General Commercial) within the General Plan. The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Fuel/service stations, convenience stores are permitted uses within this land use designation. The proposed expansion to add the car wash is consistent with this designation and provides an additional vehicle-related amenity for the community. 2. The Property is not part of a specific plan area. Finding: B. The use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code; Facts in Support of Finding: 1. The site is located in the PC-8 (Big Canyon Planned Community) Zoning District. Within PC-8, the Property is designated as Commercial - Area 15, which is intended solely for a service station and related amenities. The service station development is located at the intersection of two (2) major roads and will continue to provide services for visitors, residents and employees of businesses located within the area. 2. With exception of the car wash setback standard, the addition of the car wash is consistent with applicable design and development standards of Section 20.48.210 (Service Stations) of the NBMC. The car wash location meets the required thirty 18 Planning Commission Resolution No. PC2020-022 Page 5 of 18 (30)-foot minimum setback on Jamboree Road and thirty (30)-foot minimum setback on San Joaquin Hills Road. The required setback of thirty (30) feet to the rear free-right-turn lane is proposed to be modified to fifteen (15) feet pursuant to Section 20.48.210(T)(2) (Permit and Review Procedures) of the NBMC related to service stations. See below Findings F, G, and H below. 3. The existing 49,984-square-foot site area of the Property exceeds the total minimum 29,549 square feet required for the fueling area, convenience store and car wash. The required parking is provided with an adequate queuing area for five (5) cars. Access and circulation of the service station site with the new car wash has been reviewed by the City Traffic Engineer. Landscaping that meets all of the required planting types and minimum areas for plantings will be implemented prior to the final of the building permit for the car wash. Additional planting is provided on the side walls of the car wash to provide a green screen to the adjacent street and residences above the service station site. 4. The existing gas station with the new car wash maintains all of the requirements for security, utilities, drainage and pollution control, lighting, screening of equipment, and refuse storage areas. 5. The car wash maintains the complementary site and architectural design of the existing service station consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing. The architectural style of the existing service station is a clean, modern, industrial look with white metal sheathing and simple lines. The convenience store and the service island canopy have consistent materials and architectural and design elements such as painted metal sheathing. The car wash building will have the same modern design and colors of the convenience store. A vine will be planted and trained along the car wash walls facing the rear one-way turn lane and the PC-8 (Big Canyon Planned Community) so that the mature growth will provide a green screen identical to the existing hydrogen fuel enclosure screening wall. Finding: C. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity; Facts in Support of Finding: 1. The Property is located at the northeast corner of the intersection of Jamboree Road and San Joaquin Hills Road.The Property is a triangular shape with street frontage on all sides. The surrounding area contains residential as well as regional commercial and business centers such as Fashion Island shopping mall and the Newport Center business area. The Property provides a convenient location for visitors to the Fashion Island shopping mall and Newport Center business area, as well as residents and employees of the neighboring areas to purchase fuel, wash their vehicles, and purchase convenience items. Conditions 19 Planning Commission Resolution No. PC2020-022 Page 6 of 18 of approval are included to minimize, to the greatest extent possible, any impacts to the surrounding residential and commercial uses. 2. The size of the Property (1.15 acres) complies with the standards of Title 20 (Planning and Zoning) related to minimum land area for service stations. Vehicular access to the Property is provided via four (4) existing driveways: two (2) adjacent to Jamboree Road and two (2) adjacent to San Joaquin Hills Road. The Project is located and designed to provide adequate circulation and parking on-site for the service station, convenience store, and car wash. 3. The hours of operation of the service station and the convenience store are currently 6:00 a.m. to 11:00 p.m. The proposed hours of the car wash will be 7:00 a.m. to 10:00 p.m., reduced to mitigate any additional night-time noise to the neighborhood. The original use permit limits the hours of operation for the service station and convenience store to the hours of 6:00 a.m. to 11:00 p.m. and it has not proven detrimental to the neighborhood or City. The Project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. 4. The design of the car wash minimizes visual and noise impacts with the solid side wall and two (2), ten (10)-foot-long, sixteen (16)-feet-tall wing walls facing the closest residents and the rear free-right-turn lane. These walls will be improved with a green vine that will provide a green screen at mature growth. Additionally, the car wash includes an automatic entry and exit door that will be closed during the washing of each vehicle. One (1) vacuuming station will be located adjacent to the convenience store building on the south side facing the parking area towards the corner of San Joaquin Hills Road and Jamboree Road. A noise study was prepared by Mike Holritz with Bridgenet International dated February 5, 2020. The noise study updates the projected noise, taking into account the new design with the ten (10)-foot-long, sixteen (16)-foot-tall wall extensions at the entrance and the exit of the car wash. The noise study concludes the projected noise levels of the car wash operation, including the vacuuming station, complies with Chapter 10.26 (Community Noise Control) of the NBMC. Finding: D. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities; and Facts in Support of Finding: 1. The Project is located at the intersection of two (2) major roads. The Property is 1.15 acres which meets the minimum size requirements for service stations required by Title 20 (Planning and Zoning), and is large enough to provide adequate access, circulation and on-site parking to permit the car wash addition. 20 Planning Commission Resolution No. PC2020-022 Page 7 of 18 2. The Property is developed with the existing service station operation and there is adequate public and emergency vehicle access, public services, and utilities, which are existing on the site to accommodate the Project. 3. The improvements to the Property shall comply with all applicable Uniform Building Codes, Uniform Fire Codes and Public Works regulations regarding circulation and access. All ordinances of the City and all conditions of approval will be complied with. Finding: E. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. Facts in Support of Finding: 1. The existing service station has been in operation since 1970 pursuant to Use Permit No. UP1495, has not proven detrimental to the area, and has demonstrated that it is compatible with the neighboring uses. In 2014, Use Permit No. UP2011-028 was approved to expand the convenience store and add the Type 20 Alcoholic Beverage Control License. The existing uses have not proven detrimental to the area and has demonstrated compatibility with the neighborhood. The car wash will be an added amenity to the existing use. 2. As analyzed in the updated noise analysis prepared by Mike Holritz with Bridgenet International dated February, 5, 2020, the car wash as designed with two (2) automated doors and the two (2) ten (10)-foot-long, sixteen (16)-foot-tall- wing-walls projects noise well below the Community Noise Control limits pursuant to NBMC Chapter 10.26. There are conditions included in the resolution to ensure the design measures from the noise study are implemented. 3. Conditions of approval will ensure that potential conflicts with the surrounding land uses are minimized. 6. In accordance with Section 20.48.210(T)(2) (Permit and Review Procedures) of the NBMC related to service stations, the following findings and facts in support of the modification of the service station setback standard of thirty (30) feet from public rights- of-way for vehicle washing facilities are set forth: Finding: F. The strict compliance with the standards is not necessary to achieve the purpose and intent of this section [Section 20.48.210 of the NBMC - Service Stations]; 21 Planning Commission Resolution No. PC2020-022 Page 8 of 18 Facts in Support of Finding: 1. The intent of the large thirty (30)-foot setback for vehicle washing facilities is to locate these facilities toward the rear of a service station to an area that is least visible from the primary street frontages. However, in this case, the existing service station property is unique in shape, area and orientation due to the triangular shape with all three (3) sides along a public right-of-way. As such, this large setback applies on all three (3) sides, where typically this would only apply on one (1) frontage, or two (2) frontages in the case of a corner lot. 2. The site constraints create challenges to provide a service station with the services provided at other service station without providing relief from one (1) of the street setbacks. The existing service station property across San Joaquin Hills Road has a similar triangular shape but does not have the free-right-turn lane at the rear of the property line and is able to fit a car wash and convenience store. 3. The location of the proposed car wash meets the intent of this design setback by locating the car wash at the rear of the service station approximately one hundred twenty (120) feet back from the two (2) primary street frontages of Jamboree Road and San Joaquin Hills Road and behind the convenience store and fueling pumps. Although located within fifteen (15) feet of the free-right-turn lane, this segment of right-of-way is not a typical street and not considered street frontage for the service station. Finding: G. The project possesses compensating design and development features to achieve the purpose and intent of this section [Section 20.48.210 - Service Stations]; Facts in Support of Finding: 1. Automated car washes are a common service found at many modern service stations within the City. The car wash will provide approximately a one hundred twenty (120)-foot setback to both Jamboree Road and San Joaquin Hills Road. With the approved encroachment, the car wash will still provide fifteen (15) feet to the rear free-right-turn-lane. 2. The Project is only sixteen (16) feet tall. When the width of the free-right-turn lane and the fifteen (15)-foot setback are combined, the proposed car wash is approximately forty-four (44) feet away from the Big Canyon community and over one hundred (100) feet away from the nearest residence. 3. A noise analysis has been prepared and concluded that the car wash as designed with two (2) automated doors and two (2) wing wall extensions, projects noise 22 Planning Commission Resolution No. PC2020-022 Page 9 of 18 well below the requirements set forth in Chapter 10.26 (Community Noise Control) of the NBMC. 4. A vine will be planted and trained along the car wash walls facing the rear one (1)-way turn lane and the Big Canyon Planned Community above, so that the mature growth will provide a green screen similar to the existing hydrogen fuel enclosure screening wall. It will appear as a natural transition to motorists traveling along the free-right-turn lane. Finding: H. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing; Facts in Support of Finding: 1. The architectural style of the existing service station is a very clean, modern, industrial look with white metal sheathing and simple lines. The convenience store and the service island canopy have consistent materials and architectural and design elements such as painted metal sheathing. The car wash building will have the same modern design and colors of the convenience store. A vine will be planted and trained along the car wash wall facing the rear one (1)-way turn lane and the Big Canyon Planned Community so that the mature growth will provide a green screen identical to the existing hydrogen fuel enclosure screening wall. 2. The car wash will be located to the rear of the Property with the existing convenience store and service island canopies effectively screening the car wash from the intersection of Jamboree Road and San Joaquin Hills Road. 3. The existing trash enclosure is being re-located to be adjacent to the entry of the car wash, painted to match the car wash and convenience store, and includes a solid roof, which minimizes its visibility to the public. 4. The existing fuel tank vents (“EVR”) will remain within the landscaped area along San Joaquin Hills Road and are painted to match the structures on-site. New landscaping will provide additional screening and the vents will remain painted to blend in with the surrounding site. Glare is minimized from the recessed fixtures in the fueling station canopy. The exterior lighting throughout the site is concealed and directed away from adjacent properties to avoid glare and light. 5. Access to the Propertyis provided via four (4) existing driveways, two (2) adjacent to Jamboree Road and two (2) adjacent to San Joaquin Hills Road. The driveways provide good on-site circulation. The existing drive aisles are wide and allow easy maneuverability throughout the site, and provide sufficient on-site space for fuel delivery trucks so as not to disrupt circulation during deliveries. The design and location of the proposed car wash at the rear of the property will not 23 Planning Commission Resolution No. PC2020-022 Page 10 of 18 interfere with the service station convenience store and fueling operation. Adequate parking pursuant to Title 20 (Planning and Zoning) is maintained for the convenience store. The queuing area at the entrance of the car wash is adequate for five (5) cars (meeting the minimum Code requirement). The queuing, entrance/exit locations, and location of the car wash have been reviewed by the City Traffic Engineer to verify adequate access and circulation. 6. The existing landscaped area at the corner of the Property will be improved with shrubs and trees, creating a prominent street corner landscape element that the Guidelines encourage. Landscaping will also be established in front of the existing storefront. Additional landscaping will be provided throughout the Property especially along the street frontages to meet the minimum landscaping requirements of the Zoning Code and to enhance the appearance of the overall site. All planting areas provide the three (3)-tier system of grasses and groundcovers, shrubs and trees, as encouraged by the Guidelines. The landscaping is conditioned to be completed prior to the final of the building permits. A vine will be planted and trained along the car wash walls facing the rear free-right-turn lane. 7. New signage is not proposed at this time but a condition of approval is included in the draft resolution, which requires new signs to comply with the sign regulations contained in NBMC Section 20.42.080(K)(3) (Service Station Signs). 8. The exterior areas of the property are adequately and not excessively lighted to provide security on the site. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends rescinding UP2011-028, approval of General Plan Amendment No. GP2018-001 attached herein as Exhibit “A”and Conditional Use Permit No. UP2016-025 to the City Council subject to the conditions set forth in Exhibit “B,”which is attached hereto and incorporated by reference. 2. If approved by the City Council, Resolution No. 1929 adopting Use Permit No. UP2011- 028 are superseded and the rights authorized by this Use Permit shall become null and void. PASSED, APPROVED, AND ADOPTED THIS 9 th DAY OF JULY, 2020. AYES: NOES: ABSTAIN: 24 Planning Commission Resolution No. PC2020-022 Page 11 of 18 ABSENT: BY:_________________________ Chairman BY:_________________________ Secretary 25 EXHIBIT A GENERAL PLAN AMENDMENT NO GP2018-001 Consists of: 1. Amending Table LU2 of the Land Use Element of the General Plan to change the development limit for Anomaly 62: 26 Table LU2 Anomaly Locations Anomaly Number Statistical Area Land Use Designation Development Limit (sf) Development Limit (Other) Additional Information 62 L2 CG 2,300 3,400 27 Planning Commission Resolution No. PC2020-022 Page 12 of 18 EXHIBIT “B” CONDITIONS OF APPROVAL 1. This resolution supersedes Use Permit No. UP2011-028, which upon vesting of the rights authorized by this application, shall become null and void upon Use Permit No. UP2016-025 becoming final and effective for the proposed project. 2. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 3. The development shall be in substantial conformance with the approved site plan, floor plans, building elevations, and landscaping plans stamped and dated with the date of this approval, except as modified by applicable conditions of approval. 4. Hours of operations for the service station, including convenience market, shall remain 6:00 a.m. to 11:00 p.m., daily. The hours of operation for the car wash including the vacuum station shall be 7:00 a.m. to 10:00 p.m., daily. 5. Pursuant to the Car Wash Noise Analysis Jamboree Shell Newport Beach, California prepared by Mike Holritz with Bridgenet International dated February 5, 2020, the car wash design must meet all of the design measures for the specifications of a RYKO Soft Gloss MAXX system on page 16 of the analysis including the location of the equipment, automated doors and identical building design (walls and roof) to the Arco Facility used in the analysis. The car wash structure shall also include two (2) wing-walls, ten (10) feet long, sixteen (16) feet tall at the entrance and exit of the car wash designed pursuant to the design measures included in the noise analysis, including the use of the split-faced block. 6. One (1) vacuuming station is permitted at the location on the approved plans as analyzed in the Car Wash Noise Analysis Jamboree Shell Newport Beach, California prepared by Mike Holritz with Bridgenet International dated February 5, 2020. The approved location is south of the convenience store, facing the intersection of Jamboree Road and San Joaquin Hills Road adjacent to the parking area. Any change to this location shall require approval by the Planning Division and an addendum to the Noise Analysis to confirm compliance with the provisions of Newport Beach Municipal Code (NBMC) Chapter 10.26 (Community Noise Control). 7. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 28 Planning Commission Resolution No. PC2020-022 Page 13 of 18 Between the hours of 7:00AM and 10:00PM Between the hours of 10:00PM and 7:00AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 8. The wall of the car wash structure including the wing-wall extensions facing the free-right- turn lane shall be planted with the vines from the approved landscape plan. At mature growth these vines shall provide a screen of the car wash wall from the free-right-turn lane and from Big Canyon Planned Community. 9. Construction activities shall comply with Section 10.28.040 (Construction Activity – Noise Regulations) of the Newport Beach Municipal Code, which restricts hours of noise-generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise-generating construction activities are not allowed on Sundays or Holidays. 10. The EVR shall remain screened and painted to blend in with the landscaping and existing structures on-site. 11. This Use Permit may be modified or revoked by the City Council or the Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 12. The Applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. Approval from the Orange County Health Department is required prior to the issuance of a building permit. 13. Any change in operational characteristics, hours of operation, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit. 14. The Applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 15. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 29 Planning Commission Resolution No. PC2020-022 Page 14 of 18 16. Use Permit No. UP2016-025 shall expire unless exercised within twenty four (24) months from the date of approval as specified in Section 20.54.60 (Time Limits and Extensions) , of the NBMC unless an extension is otherwise granted. 17. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified in writing of the conditions of this approval by the current owner or leasing company. 18. If queuing for the car wash exceeds more than five (5) vehicles, all other vehicles shall be diverted to not impact internal circulation. 19. Fuel delivery trucks shall not obstruct the public right-of-way during delivery or any other time. Fuel delivery trucks shall not access the site during peak traffic periods (8:00 a.m. to 10:00 a.m. and 4:00 p.m. to 6:00 p.m.). 20. The site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Director of Community Development, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. Exterior light sources shall be shielded from view and directed away from adjacent properties in compliance with NBMC Section 20.30.070 (Outdoor Lighting). Luminaries shall be of a low-level, indirect diffused type and shall not exceed a height of twenty (20) feet above the existing grade. 22. Prior to the issuance of a building permit, the Applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Division. The survey shall show that lighting values are “1” or less at all property lines. 23. New signs or changes to existing signs shall comply with sign regulations required in Zoning Code Section 20.42.080(K)(3) (Service Station Signs), as well as City Standard 110-L to ensure adequate sight distance. 24. Prior to the issuance of a building permit, the Applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall incorporate drought tolerant plantings and water efficient irrigation practices, and the plans shall be approved by the Planning Division. 25. The project shall comply with Chapter 14.17 (Water Efficient Landscaping) of the NBMC, if applicable. The Planning and Building Divisions shall approve the final landscape planting and sprinkler irrigation plans and specifications before issuance of a building permit. 26. All landscape materials, landscaped areas, and irrigation systems shall be installed and maintained in accordance with the approved landscape plan and Zoning Code Section 30 Planning Commission Resolution No. PC2020-022 Page 15 of 18 20.48.210(N). All landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. All landscaped areas shall be kept free of weeds and debris. All irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. 27. All landscaping shall be planted pursuant to the approved landscape plan. Any changes shall be reviewed and approved by the Planning Division. 28. Prior to the final of building permits, the Applicant shall schedule an inspection by the Planning Division to confirm that all landscaping was installed in accordance with the approved plan. 29. Reclaimed water shall be used whenever available, assuming it is economically feasible. 30. New landscaping shall incorporate drought-tolerant plant materials and drip irrigation systems where possible. 31. Watering shall be done during the early morning or evening hours (between 4:00 p.m. and 9:00 a.m.) to minimize evaporation the following morning. 32. No outside paging system shall be utilized in conjunction with this establishment. 33. All trash shall be stored within the building or within dumpsters stored in the trash enclosure (three [3] walls and a self-latching gate) or otherwise screened from view of neighboring properties, except when placed for pick-up by refuse collection agencies. The trash enclosure shall have a decorative solid roof for aesthetic and screening purposes. 34. Trash receptacles for patrons shall be conveniently located both inside and outside of the establishment, however, not located on or within any public property or right-of-way. 35. The exterior of the business shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter debris and graffiti from the premises and on all abutting sidewalks within twenty (20) feet of the premises. 36. The Applicant shall ensure that the trash dumpsters and/or receptacles are maintained to control odors. This may include the provision of either fully self-contained dumpsters or periodic steam cleaning of the dumpsters, if deemed necessary by the Planning Division. Cleaning and maintenance of trash dumpsters shall be done in compliance with the provisions of Title 14, including all future amendments (including Water Quality related requirements). 37. Deliveries and refuse collection for the facility shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays, unless otherwise approved by the Director of Community Development, and may require an amendment to this Use Permit. 31 Planning Commission Resolution No. PC2020-022 Page 16 of 18 38. Storage outside of the building in the front or at the rear of the property shall be prohibited, with the exception of the required trash container enclosure. 39. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, involve the sale of alcoholic beverages, include any form of on-site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. ALCOHOL SALES 40. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of the approved use, as conditioned, or that would attract large crowds, include any form of on-site media broadcast, or any other activities as specified in the NBMC to require such permits. 41. All exits shall remain free of obstructions and available for ingress and egress at all times. 42. All owners, managers, and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying/licensing body, which the State may designate. The establishment shall comply with the requirements of this section within one hundred eighty (180) days of the issuance of the certificate of occupancy. Records of each owner’s, manager’s and employee’s successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach. 43. No alcoholic beverages shall be sold between the hours of 11:00 p.m. and 6:00 a.m. 44. There shall be no exterior advertising or signs of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs that are clearly visible to the exterior shall constitute a violation of this condition. 45. The displays, shelving, etc. shall be positioned in such a way that the clerk can be seen from outside of the building. 46. The Applicant shall post and maintain a professional quality sign facing the premise’s parking lot(s) that reads as follows: NO LOITERING, NO LITTERING NO DRINKING OF ALCHOLIC BEVERAGES VIOLATORS ARE SUBJECT TO ARREST 32 Planning Commission Resolution No. PC2020-022 Page 17 of 18 The sign shall be at least two (2) feet square with two (2)-inch block lettering. The sign shall be printed in English and Spanish. 47. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 48. Beer, malt beverages, and wine coolers in containers of sixteen (16) ounces or less shall not be sold by single container but must be sold in manufacturer pre-packaged multi-unit quantities. 49. Wine shall not be sold in bottles or containers smaller than seven hundred fifty (750) milliliters. 50. No person under the age of twenty-one (21) shall sell alcoholic beverages. Alcohol beverages shall not be delivered from premises. 51. The owner shall be responsible for maintaining the area adjacent to the premises over which they have control free of litter at all times. BUILDING 52. Plans must illustrate compliance with Section 11B 202.4 California Building Code and Chapter 11B for new construction. 53. Plans must indicate sand and oil interception construction requirements. 54. Full access compliance is required throughout the project building. See CBC Chapter 11 for specific requirements. CONTRUCTION 55.A list of “good housekeeping” practices shall be conducted to minimize the likelihood that pollutants will be used, stored or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of storm water away from potential sources of pollution (e.g., trash receptacles and parking structures). ENVIRONMENTAL 56. Prior to the issuance of grading or building permits, the Applicant shall submit written documentation from the Orange County Department of Environmental Health, the Certified Unified Program Agency (“CUPA”) for Orange County, verifying that the project site is in compliance with all applicable Underground Storage Tank (“UST”) requirements, that the project site has passed any applicable UST site pollution testing and that the repair, maintenance and removal of any existing USTs is being performed in accordance with CUPA regulations and policies. 33 Planning Commission Resolution No. PC2020-022 Page 18 of 18 57. To the fullest extent permitted by law, Applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of the Shell Service Station Car Wash Addition including, but not limited to, General Plan Amendment No. GP2018-001 and Conditional Use Permit No. UP2016-025 (PA2016-093) and the determination that the project is exempt under the requirements of the California Environmental Quality Act. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by Applicant, City, and/or the parties initiating or bringing such proceeding. The Applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The Applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 34 Attachment No. PC 2 September 13, 2018, Planning Commission Staff Report 35 INTENTIONALLY BLANK PAGE36 CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT September 6, 2018 Agenda Item No. 4 SUBJECT:Shell Car Wash (PA2016-093) ƒGeneral Plan Amendment No. GP2018-001 ƒConditional Use Permit Amendment No. UP2016-025 SITE LOCATION:1600 Jamboree Road APPLICANT:R & M Pacific Rim Inc. OWNER:Erickson Industries Inc. PLANNER:Melinda Whelan, Assistant Planner 949-644-3221,mwhelan@newportbeachca.gov PROJECT SUMMARY A general plan amendment and conditional use permit to construct an automated car wash in conjunction with an existing service station. A general plan amendment is requested to increase the maximum floor area limit for the site by 1,100 square feet to accommodate the proposed car wash. A conditional use permit is requested to allow the addition of the proposed car wash. RECOMMENDATION 1) Conduct a public hearing; 2) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; and 3) Adopt Resolution No. _ recommending City Council approval of General Plan Amendment No. GP2018-001 and Conditional Use Permit Amendment No. UP2016- 025 (Attachment No. PC 1). 37 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 2 VICINITY MAP GENERAL PLAN ZONING LOCATION GENERAL PLAN ZONING CURRENT USE ON-SITE General Commercial (CG)Big Canyon PC (PC-8)Shell service station NORTH Multiple-Unit Residential (RM)Park Newport (PC-7)Residential apartments SOUTH CG Commercial General (CG)Chevron service station EAST Single-Unit Residential Attached PC-8 Single-family residential WEST Single-Unit Residential Detached Newporter North (PC-41)Single-family residential Proposed Car Wash Location 38 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 3 INTRODUCTION Project Setting The existing service station site is 49,984 square feet in area (1.15 acres) and is located at the northeast corner of the intersection of Jamboree Road and San Joaquin Hills Road . The parcel is triangular shaped with two sides fronting major roads (Jamboree Road and San Joaquin Hills Road). The third side at the rear abuts a free-right-turn lane that merges traffic directly onto Jamboree Road from San Joaquin Hills Road. Background The project site is developed with a Shell service station, originally permitted under Use Permit No. 1495 in 1970 and amended in 1992 to add a convenience store.In 2014, Use Permit No. UP2011-028 was approved by the Planning Commission to expand a convenience store and create a storage area from vacated vehicle service bays. The amendment also added a Type 20 (Off Sale Beer & Wine) ABC license to the convenience store. Project Description The applicant is proposing to expand the existing service station facility with the addition of a new automated car wash structure. The car wash structure will measure 1,100- square-feet in area and be located toward the rear property line that abuts the free-right- turn lane. The car wash will accommodate one vehicle at a time, with vehicles entering the car wash from the westerly side of the building (Jamboree) and exiting toward the southerly side along San Joaquin Hills Road. One vacuuming station will be located adjacent to the convenience store building on the south side facing the parking area. To minimize noise, the car wash design includes an automatic entry and exit door that will be closed during the washing of each vehicle. The proposed hours of operation for the car wash are 6:00 a.m. to 11:00 p.m., daily, which is consistent with the existing service station hours of operation. DISCUSSION Analysis General Plan The subject property is located within the General Plan Statistical Area L2 and has a land use designation of General Commercial (CG). The CG designation is intended to provide for a wide variety of commercial activities oriented primarily to serve citywide or regional needs. Service stations, convenience stores, and food service establishments are permitted uses within this land use designation. 39 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 4 Pursuant to Anomaly No. 62 of the General Plan Land Use Element, maximum development of the site is limited to 2,300 gross square feet, which is consistent with the existing floor area of all buildings on the site. The car wash structure is considered floor area as defined by the Zoning Code and constitutes a 1,100-square-foot addition. This addition requires a General Plan Amendment (GPA) to change Anomaly No. 62 to allow a maximum development limit of 3,400 square feet (1,100-square-foot increase) for the service station site. See Attachment No. PC 3 for draft changes to Table LU2 (Anomaly Locations) of the Land Use Element of the General Plan. General Plan Amendment –Increased Intensity for Anomaly No. 62 In considering the proposed GPA to increase the development intensity of the project site, the Planning Commission should specifically consider the following Land Use Element policy: LU 3.2 Growth and Change Enhance existing neighborhoods, districts, and corridors, allowing for re-use and infill with uses that are complementary in type, form, scale, and character. Changes in use and/or density/intensity should be considered only in those areas that are economically underperforming, are necessary to accommodate Newport Beach’s share of projected regional population growth, improve the relationship and reduce commuting distance between home and jobs, or enhance the values that distinguish Newport Beach as a special place to live for its residents. The scale of growth and new development shall be coordinated with the provision of adequate infrastructure and public services, including standards for acceptable traffic level of service. The applicant’s primary objective is to add the automated car wash to the existing service station site. The Big Canyon Planned Community originated in 1981 and specifically assigned the subject property for one use –the service station. The General Plan Update in 2006 assigned Anomaly No. 62 to the subject property and a development limit of 2,300 square feet based on the existing floor area of the service station since it was the only allowed use on the site. If this is the case, the proposed GPA for increased intensity could be considered consistent with LU 3.2 as follows: x The General Plan recognizes the existing site as Commercial General which allows gas stations to provide services to the surrounding neighborhood and visitors to the area. The subject property was solely planned for service station use and related ancillary services with the adoption of the Big Canyon Planned Community in 1981. 40 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 5 x Limiting development to the pre-existing floor area precludes future additions to the service station, such as a potentially larger convenience store or a car wash, both common services provided at modern service stations. Also, this development limit is extremely low when compared to the Chevron service station at 1550 Jamboree Road to the south across San Joaquin Hills Road, which is limited to a Floor Area Ratio (FAR) instead of a precise development limit. The Chevron service station is limited to a FAR of 0.25, which based on the 43,295-square-foot lot area, would allow up to 10,823 square feet of development area. In absence of the Anomaly No. 62 development limit, a similar 0.25 FAR applied to the subject 49,984-square-foot site would allow a maximum of 12,496 square feet of development. The existing 2,300-square-foot development limit of Anomaly No. 62 only equates to a 0.046 FAR. The proposed amendment to increase the development limit of Anomaly No. 62 to 3,400-square-feet would result in a 0.068 FAR, remaining significantly lower than the comparable FAR of the Chevron service station to the south and other similar land uses. x The increased intensity would provide an economic stimulus needed to improve the existing service station with a car wash facility, remain competitive with other service stations, and provide a convenient service for the community. x The existing service station site with the new car wash will maintain adequate landscaping and screening of equipment, providing a buffer between the service station site and adjacent residential areas. x The project site is served by existing infrastructure and public services. The proposed increase in intensity will not necessitate any expansion of existing infrastructure. Adequate parking is provided for the service station with the proposed car wash and circulation has been reviewed by the City Traffic Engineer. The ITE Trip Generation Manual (10th edition) includes car wash in the Gasoline/Service Station with Convenience Market land use description. Therefore, there is no increase in site specific vehicle trips that will impact the Level of Service at Jamboree Road and San Joaquin Hills Road. Charter Section 423 (Measure S) Charter Section 423 requires voter approval of any major General Plan amendment to the General Plan. A major General Plan amendment is one that increases allowed density or intensity by 40,000 square feet of non-residential floor area, or increases traffic by more than 100 peak hour vehicle trips, or increases residential dwelling units by 100 units. These thresholds apply to the total of increases resulting from the amendment itself, plus 80 percent of the increases resulting from prior amendments affecting the same neighborhood (defined as a Statistical Area as shown in the General Plan Land Use Element) and adopted within the preceding ten years. 41 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 6 The project site for which the General Plan amendment is proposed is located within Statistical Area L2 of the General Plan Land Use Element, and would result in an increase of 1,100 square feet of non-residential floor area. Based on the trip generation rates contained in the Council Policy A-18 (blended commercial rate), the proposed project is forecast to generate an additional 3.3 a.m. peak hour trips and 4.4 p.m. peak hour trips. There has been one prior amendment approved within Statistical Area L2 since the adoption of the 2006 General Plan (GP2010-004), which was adopted on January 27, 2009. This prior amendment involved the development of a new, single-family dwelling on a portion of the Big Canyon Golf Course. The General Plan Amendment changed the land use category of a site from “Parks and Recreation” (PR) to “Single Unit Residential – Detached” (RS-D). Table 1 below shows the floor area and peak hour trips analysis for the prior amendment and the proposed project: Table 1: Measure S Analysis for Statistical Area L-2 Amendments Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP 2007-008 1 0 0.75 1.01 Total Prior Increases 1 0 0.75 1.01 80% of Prior Increases 0.8 0 0.6 0.808 100% of the proposed amendment GP2018-001 0 1,100 3.3 4.4 Total 0.8 1,100 3.9 5.208 Vote Required?No No No No The proposed GPA does not create any new dwelling units and as indicated in the above table, the proposed General Plan amendment does not exceed the non-residential floor area threshold, and does not exceed the a.m. or p.m. peak hour vehicle trips threshold. Therefore, none of the four thresholds that require a vote pursuant to Charter Section 423 are exceeded. If the proposed General Plan amendment is approved by City Council, the amendment will become a prior amendment and 80 percent of the increases will be tracked for ten years for any proposed future amendments. Zoning The subject property is located within Area 15 (Commercial) of the Big Canyon Planned Community (PC-8) Zoning District, which only allows for the development of a service station with the approval of a conditional use permit. 42 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 7 Section 20.48.210 (Service Stations) of the Zoning Code lists prohibited uses and activities and provides standards for the location of activities and operations that are allowed to be conducted outside of the service station building. The car wash will be consistent with the permitted activities and operational standards. Specific design and development standards for service stations are also provided in Section 20.48.210 of the Zoning Code. Each standard, as it relates to the proposed project, is discussed in the Tables found in Attachment No. PC 3. The proposed project complies with all of the design standards including the required parking for a queue of 5 cars for the car wash. The only deviation requested is for the car wash setback along the one-way road (the free right turn from San Joaquin Hills to Jamboree Road) towards the rear of the property as discussed below. Setback Modification The development standards found in Section 20.48.210 require a 30-foot setback to a property line abutting a public right-of-way and an 18-foot setback to an interior property line for a car wash. The proposed car wash maintains more than 100 feet from the property lines along the street frontages of Jamboree Road and San Joaquin Hills Road; and a 15-foot setback from the rear property line abutting the one-way free-right-turn- lane. Pursuant to Zoning Code Section 20.48.20(T)(2), the Planning Commission may modify or waive any of the design and development standards for service stations upon making the following findings: A. The strict compliance with the standards is not necessary to achieve the purpose and intent of this section [Section 20.48.210 - Service Stations]; B. The project possesses compensating design and development features to achieve the purpose and intent of this section [Section 20.48.210 - Service Stations]; C. The overall site plan and architectural design is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing; The intent of the large 30-foot setback for vehicle washing facilities is to locate these facilities toward the rear of a service station to an area that is least visible from the primary street frontages and provide adequate on-site vehicle queuing area. However, in this case, the existing service station property is unique in shape, area and orientation due to the triangular shape with all three sides along rights-of-way. As such, this large setback applies on all three sides, where typically this would only apply on one frontage or two if the service station were a corner lot. The site constraints create challenges to provide a service station with the services provided at other service station without providing relief from one of the right-of-way setbacks. The existing Chevron service station property across San Joaquin Hills Road has a similar triangular shape, but does not have the free- 43 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 8 right-turn lane at the rear of the property line and is able to fit a car wash and convenience store in a nearly identical fashion to the proposal. Automated car washes are a common service found at many modern service stations within the City. The car wash will provide over 100-foot-setbacks to Jamboree Road and San Joaquin Hills Road. No vehicular access will be provided to the site from the free- right-turn lane and a 15-foot setback will maintained. The proposed car wash is only 10- feet-tall and when you combine the width of the free-right-turn-lane and the 15-foot setback, the proposed carwash approximately 44 feet to the Big Canyon community and over 100 feet to the nearest residence. A noise study has been prepared and concluded that the car wash as designed with two automated doors meets the City’s Community Noise Control limits pursuant to Municipal Code Chapter 10.26. A vine will be planted and trained along the car wash wall facing the rear free-right-turn-lane and the Big Canyon residential community above, so that the mature growth will provide a green screen similar to the existing hydrogen fuel screening enclosure wall. It will appear as a natural transition to motorists on the free-right-turn lane. The service station with the car wash will comply with the City of Newport Beach Design Guidelines: Automobile Service Station and Washing as discussed in more detail below. In conclusion, staff believes the findings to reduce the setback from 30 feet to 15 feet can be supported. City of Newport Beach Design Guidelines: Automobile Service Stations and Washing Zoning Code Section 20.48.210.M (Site and Architectural Design) requires that service station developments be consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing (Guidelines) provided as Attachment No. PC 4. The Guidelines, adopted May 24, 1999, are not regulatory and are intended to provide assistance in achieving a quality design that enhances the proposed development and that will be compatible with adjacent development and land uses. The project proposes the accessory car wash building and some additional landscaping, and is consistent with the site design criteria stated in the Guidelines. A summary of the existing and proposed elements of the project, as they relate to the Guidelines, is provided below. Site Design, Architectural Design, and Details The architectural style of the existing service station is a very clean, modern, industrial look with white metal sheathing and simple lines. The convenience store and the service island canopy have consistent materials and architectural and design elements such as painted metal sheathing. The car wash building will have the same modern design and colors of the convenience store. A vine will be planted and trained along the wall facing the rear free-right-turn-lane and the Big 44 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 9 Canyon residential community above so that the mature growth will provide a green screen similar to the existing hydrogen fuel screening enclosure wall. The car wash will be located to the rear of the property with the existing convenience store and service island canopies effectively screening the car wash from the intersection of Jamboree Road and San Joaquin Hills Road. The existing trash enclosure is being re-located to be adjacent the entry of the car wash, painted to match the car wash and convenience store, and includes a solid roof, which minimizes its visibility to the public. The existing fuel tank vents (EVR) will remain within the landscaped area along San Joaquin Hills Road and are painted to match the structures on-site. New landscaping will provide additional screening and the vents will remain painted to blend in with the surrounding site. Glare is minimized from the recessed fixtures in the fueling station canopy. The exterior lighting throughout the site is concealed and directed away from adjacent properties to avoid glare and light. Access and Circulation Access to the site is provided via four existing driveways, two adjacent to Jamboree Road and two adjacent to San Joaquin Hills Road. The driveways provide good on-site circulation. The existing drive aisles are wide and allow easy maneuverability throughout the site, and provide sufficient on-site space for fuel delivery trucks so as not to disrupt circulation during deliveries. The design and location of the proposed car wash at the rear of the property will not interfere with the service station convenience store and fueling operation. Adequate parking pursuant to the Zoning Code is maintained for the convenience store. The queuing area at the entrance of the car wash is adequate for 5 cars (meeting the minimum Code requirement). The queuing, entrance/exit locations, and location of the car wash has been reviewed by the City Traffic Engineer to verify adequate access and circulation. Landscaping Landscaping will be provided throughout the site especially along the street frontages to meet the minimum landscaping requirements of the Zoning Code and to enhance the appearance of the overall site. All planting areas provide the three tier system of grasses and groundcovers, shrubs and trees, as encouraged by the Guidelines. A vine will be planted and trained along the car wash wall facing the rear free-right-turn-lane and the Big Canyon residential community above, so that the mature growth will provide a green screen similar to the existing hydrogen fuel screening enclosure wall. It will appear as a natural transition to motorists on the free-right-turn -lane. The landscaping is conditioned to be completed prior to the final of the building permits. 45 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 10 Signs New signage is not proposed at this time but a condition of approval is included in the draft resolution, which requires new signs to comply with the sign regulations contained in Section 20.42.080.K.3 (Service Station Signs). Crime Prevention The exterior areas of the property are adequately and not excessively lighted to provide security on the site. Conditional Use Permit Although the current service station operates pursuant to an existing conditional use permit (CUP), Zoning Code Section 20.48.210.T.1 (Permit and Review Procedures, Conditional Use Permit Required) requires approval of a new CUP to expand the existing service station with a new car wash. Pursuant to Zoning Code Section 20.52.020, the review authority may approve a conditional use permit upon making the following findings: 1. The use is consistent with the General Plan and any applicable specific plan. 2. The use is allowed within the applicable zoning district and complies with all other applicable provisions of the Zoning Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the use are compatible with the allowed uses in the vicinity. 4. The site is physically suitable in terms of design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle (e.g., fire and medical) access and public services and utilities. 5. Operation of the use at the location proposed would not be detrimental to the harmonious and orderly growth of the City, or endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the proposed use. The site is located in the Big Canyon Planned Community (PC-8) Zoning District. Within PC-8, the site is designated as Commercial Area 15, which is intended solely for a service station and related amenities. The service station development is located at the intersection of two major roads and will continue to provide services for visitors, residents and employees of businesses located within the area. As previously discussed, with the exception of the car wash setback standard, the addition of the car wash is consistent with applicable design and development standards of Municipal Code Section 20.48.210 46 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 11 (Service Stations). The required setback of 30-feet to the rear free-right-turn-lane is proposed to be modified to 15 feet pursuant to Section 20.48.210(T)(2) of the Newport Beach Municipal Code due to the unique configuration of the property. The hours of operation of the service station and the convenience store are currently 6:00 a.m. to 11:00 p.m. The proposed hours of the car wash will be 6:00 a.m. to 11:00 p.m., consistent with the service station hours. The original use permit limited the hours of operation for the service station and convenience store to these hours and it has not proven detrimental to the neighborhood or City. The project includes conditions of approval to ensure that potential conflicts are minimized to the greatest extent possible. The design of the car wash minimizes noise impacts with the solid side wall facing the closest residents and the rear free-right-turn-lane. The car wash includes an automatic entry and exit door that will be closed during the washing of each vehicle. One vacuuming station will be located adjacent to the convenience store building on the south side facing the parking area towards the corner of San Joaquin Hills Road and Jamboree Road. A noise study was conducted by Landrum and Brown (Attachment No. PC 7) to determine if the proposed car wash operation will comply with the City’s Community Noise Control limits of Municipal Code Chapter 10.26. The projected noise levels for the proposed car wash are based on the measured noise levels of an existing Arco car wash facility with the identical car wash manufacture, design and details including the automatic doors at both the entrance and exit ends. Based upon the measured car wash source noise data and the site plan, the noise levels were calculated from observers at the nearest locations in Big Canyon, and an observer at the Villas at Fashion Island. The results of the analysis indicate that with the proposed car wash designed and constructed with identical equipment types and locations, door types and configuration, and timing of when the doors open and close; the noise levels at the nearest residential locations are projected to meet the daytime and nighttime noise limits. Conditions of approval numbers 5, 6, and 8 have been included in the draft resolution to ensure the design measures from the noise study are implemented. Additionally, a memorandum prepared by Landrum and Brown on August 9, 2018, confirmed the proposed vacuuming station will also meet the Community Noise Control limits. Summary Staff believes the findings for approval can be made and facts in support of the required findings are presented in the draft resolution (Attachment No. PC 1). The proposed GPA for increased intensity is consistent with LU 3.2 and is for the primary purpose of enhancing the existing service station site with a car wash service for the community. The proposed addition of the car wash is consistent with the purpose and intent of the service station development standards of the Zoning Code. Adequate parking, access and circulation is maintained with the new car wash. The hours of operation of the car wash will remain consistent with the existing service station, from 6:00 a.m. to 11:00 p.m. and 47 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 12 have proven to be compatible with uses in the area. Lastly, a noise study has been prepared with recommended design standards for the car wash that have been included in the design ensuring the noise will meet the City’s Noise Control Limits and reduces any potential noise impact to the surrounding neighborhood. Alternatives 1. The Planning Commission may suggest specific project modifications or operational changes that are necessary to alleviate concerns. If the changes are substantial, the item should be continued to a future meeting to allow redesign of the project. 2. If the Planning Commission believes that there are insufficient facts to support the findings for approval, the Planning Commission should deny the application requests (Attachment No. PC 2). In which case, the service station will remain authorized to operate under Use Permit No. UP2011-028 without a car wash. Environmental Review This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. The car wash addition is an accessory structure to the service station that does not involve the use of hazardous substances and does not exceed 2,500 square feet in floor area. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to all owners of property within 300 feet of the boundaries of the site (excluding intervening rights-of-way and waterways) including the applicant and posted on the subject property at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Prepared by:Submitted by: 48 Shell Service Station Car Wash Planning Commission, September 6, 2018 Page 13 ATTACHMENTS PC 1 Draft Resolution with Findings and Conditions 2018 PC-Use Permit No. UP2011-028 2018 PC -20.48.210 –Table 1 Service Station Design and Development Standards & Table 2 Landscaping Standards 2018 PC-City of Newport Beach Design Guidelines: Automobile Service Stations and Washing (Guidelines) 2018 PC -Noise Study PC 6 Project plans 01/12/18 49 INTENTIONALLY BLANK PAGE50 2018 PC - Attachment Use Permit No. UP2011-028 51 INTENTIONALLY BLANK PAGE52 PA2011-154 53 PA2011-154 54 PA2011-154 55 PA2011-154 56 PA2011-154 57 PA2011-154 58 PA2011-154 59 PA2011-154 60 PA2011-154 61 PA2011-154 62 2018 PC - Attachment 20.48.210 –Table 1 Service Station Design and Development Standards & Table 2 Landscaping Standards 63 TABLE 1: SERVICE STATION DESIGN AND DEVELOPMENT STANDARDS REQUIREMENT PROPOSED PROJECT Location All service station sites shall front on streets designated as major, primary or secondary on the City Master Plan of Streets and Highways unless the sites are part of or in conjunction with developments such as shopping centers in residential areas. Complies. The location of the existing service station will remain the same. Jamboree Road and San Joaquin Hills Road are classified as “major” streets per the City Master Plan of Streets and Highways (Circulation Element). Minimum Land Area The minimum land area for service stations shall be 1,500 square feet of land area for each fueling space, 1,000 square feet for each service bay or washing bay, and 3.33 square feet for each square foot of gross floor area used for retail and/or food and beverage sales. Complies. 16 fueling space x 1,500 sq ft =24,000 sq ft 1 washing bay x 1,000 sq.ft. = 1,000 sq. ft. Convenience store gross floor area –1,366 sq. ft. x 3.33 sq ft = 4,549 sq. ft. Total Minimum Land Area Required = 29,549 sq ft Existing Land Area of Site 49,984 sq ft Required Setbacks Structure Interior Abutting a Public Right- of-Way Abutting an Alley Service islands 20 ft 20 ft 20 ft Canopies 5 ft 5 ft 5 ft Air and water dispensers 10 ft 10 ft 10 ft Automobile washing, maintenance and repair 18 ft 30 ft 30 ft Retail and office 0 ft 15 ft 10 ft Complies. The location of the existing service station canopies, service islands, building, retail and office areas, and air and water dispensers comply with the required setbacks. Pursuant to Zoning Code Section 20.48.20.T.2., the review authority may modify or waive any of the design and development standards for service stations upon making required findings. The findings are discussed in the staff report and support the car wash location at 15 feet from the rear free-right-turn lane. The car wash maintains all other required setbacks (30-feet from Jamboree Road and 30-feet from San Joaquin Hills Road). Parking Pursuant to Section 20.40.030 (Requirements for Off-Street Parking): number of parking spaces required is based on the land uses located on the site. -Service stations with convenience markets require one space per 200 square feet of gross floor area. -Automobile washing requires a queue for 5 cars per washing station. Complies. Convenience market gross floor area = 1,366 sq. ft. parking spaces required = 7 Total spaces provided = 27 *including storage in calc to show parking if convenience store is expanded in the future Car wash Provides a queue for 5 cars. Utilities All utilities shall be installed underground within the exterior property lines of the site. Complies. The existing utilities shall remain in place. There are no new utilities proposed. 64 REQUIREMENT PROPOSED PROJECT Access -Driveways shall be so designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb. All driveways shall be located and constructed according to the City of Newport Beach Driveway Approach Policy. -Driveways for service stations which are developed as part of or in conjunction with adjacent uses shall be located as part of the total circulation element of such adjacent uses. -On-site driveways all should be a minimum of 25 feet for two-way traffic or 18 feet for one way circulation. -On-site queuing lanes shall be provided. Queuing lanes shall not interfere with access to required parking spaces. Complies. The location of the existing driveways along Jamboree and San Joaquin Hills Road will be unchanged and comply with City standards. On- site circulation for the existing service station and the proposed queuing lanes have been reviewed and approved by the Public Works Department. Drainage and Pollution Control All drainage to the street shall be by under- ground structures to avoid drainage across City walks or drive aprons. In addition, service stations shall incorporate pollution control best management practices (BMPs) designed to prevent or minimize runoff of oil and grease, solvents, car battery acid, coolant, gasoline, and other pollutants into the storm water system. The Public Works director shall approve drainage and pollution control methods, if appropriate. Complies. A condition of approval has been included which will require good housekeeping practices in the long-term post construction operation. Site and Architectural Design The site plan and architecture of the service station shall provide an attractive appearance that is compatible with and complimentary to the community and surrounding land uses and development and that is consistent with the City of Newport Beach Design Guidelines: Automobile Service Stations and Washing (See discussion below).. Complies. The proposed project has been designed to be compatible with the surrounding development. The project involves aesthetic improvements with updated landscaping to improve the overall appearance of the site. Landscaping See Landscaping Development Standards Table 2 and discussion below for specific landscaping requirements. Perimeter Walls Service station sites shall be separated from abutting residentially-zoned property or property used for residential purposes by 6 foot high masonry or concrete wall utilizing materials similar in color, module and texture to those utilized in the building. Such walls shall be reduced to 3 feet in height within adjacent street setback areas.Such walls need not be installed when building walls or other acceptable walls already exist on such property lines Not Applicable. The subject property does not abut a residentially zoned property. A public right-of- way and hillside separate the subject property and residentially zoned properties. Refuse Storage Areas Refuse storage areas shall be enclosed by walls and integrated with the design of the service station in compliance with Section 20.30.120 (Solid Waste Recycling and Storage). Complies. The relocated trash enclosure is in compliance. Lighting Exterior light sources shall be shielded from view and directed away from adjacent properties in compliance with Section 20.30.070 (Outdoor Lighting). Luminaries shall be of a low level, indirect diffused type and shall not exceed a height of 20 feet above existing grade. Complies. Existing on-site lighting complies with these requirements and there are no proposed changes. 65 REQUIREMENT PROPOSED PROJECT Rest Rooms One men's rest room and one women's rest room shall be provided during business hours for use by service station customers. Rest rooms with exterior entrances shall be located so the entrances are in clear view of the station’s service area, cashier station, or office. Complies. The proposed plan includes a men’s and women’s restroom which is consistent with the design of the service station as approved by the original use permit. Fuel Tank Vents Fuel tank vents shall be located at the rear of the property or other inconspicuous location and shall be screened from public view. Complies. The existing fuel tank vents (EVR) are located within the landscaped area next to the pole sign along San Joaquin Hills Road and is painted to match the structures on-site. A condition of approval is included which requires that the vents be screened and painted to blend in with the structures on-site. Additional landscaping added to this area will also help screen the vents. 66 TABLE 2: LANDSCAPING STANDARDS REQUIREMENT PROPOSED PROJECT Area Required: -A minimum of 15 percent of the site shall be landscaped with plant materials designed to provide beautification and screening. Complies. Site = 49, 984 sq ft x 15% = 7,498 sq ft Landscaping provided on-site = 18,855 sq ft (38%) -A minimum 5 foot-wide (inside dimension) planting areas between driveway approaches. Complies. The landscaped areas are a minimum 10’ wide. -A minimum of 150 square foot landscaped area provided at the intersection of two property lines at a street corner. Landscape materials shall not exceed a height of 36 inches. Complies. The existing landscaped area at the intersection of Jamboree Road and San Joaquin Hills Road is a separate parcel owned by the Irvine Company. It is not expected that the ownership of the parcel will change in the future.There is a monument sign identifying Fashion Island and mature trees on the parcel. It meets the minimum 150 square foot requirement. -A minimum 5 foot-wide (inside dimension) planting area along interior property lines, except where openings are needed to facilitate vehicular circulation to adjacent properties. Complies. The landscaped areas are a minimum 10’ wide. Area Required: - A minimum of 30 percent of the required landscaping shall be provided within 20 feet of the street property lines. Complies. Landscaped area required = 7,498 sq ft Within 20’ of street property lines Required= 2,250 sq ft (7,498 sq ft x 30%) Provided = 18,855 almost all is within this area. Quantity of Materials: Landscaped areas adjacent to street property lines shall be planted with a minimum of 1 tree and 3 shrubs per every 25 linear feet of street frontage. Landscaped areas adjacent to interior property lines shall be planted with a minimum of 1 tree and 3 shrubs per every 30 linear feet. These calculations establish the minimum number of required trees and shrubs and are not meant to imply linear or equal spacing. Required trees shall be 24-inch box size, or larger. Required shrubs shall have a minimum mature growth height of 18 inches and shall be a minimum of 5-gallon in size upon installation. Complies. Lineal feet of street frontage: San Joaquin Hills –263’ Jamboree Road -265’ Rear street frontage –460’ San Joaquin Hills: trees (263’/25’) = 11 –provided 11 shrubs (263’/25’ x 3) = 32 –provided 55 Jamboree: trees (265’/25’) = 11 –provided 12 shrubs (265’/25’ x 3) = 32 –62 Rear Street frontage: trees (460’/25’) = 19 –provided 20 shrubs (460’/25’ x 3) = 55 –provided 65 Quality of Materials: Plant materials shall be chosen for their screening qualities, beauty and durability. Plantings shall include a mixture of trees, shrubs and groundcovers. All plant materials shall conform to or exceed the plant quality standards of the latest edition of American Standard for Nursery Stock published by the American Association of Nurserymen, or the equivalent. Complies. A condition of approval is included to require that the final design will be reviewed by Municipal Operations prior to the issuance of building permits. Street Trees: City parkway areas shall be provided with groundcover and street trees as per City standards Complies: Existing City trees adjacent to Jamboree Road and San Joaquin Hills Road will remain in place. 67 Barriers: Planting areas adjacent to vehicular activity shall be protected by a continuous concrete curb or similar permanent barrier . Complies. Curb provided. Compliance with this requirement will be verified during plan check and field inspections. Sight Distances: Landscaping shall be located so as not to impede vehicular sight distance in compliance with Section 20.30.130 (Traffic Safety Visibility Area) and to the satisfaction of the Public Works Director Complies. Per plans submitted, new landscaping will be located adjacent the car wash and will not impede vehicular sight distance. Irrigation: All planting areas shall be provided with a permanent underground automatic sprinkler irrigation system of a design suitable for the type and arrangement of the plant materials selected. Complies. Irrigation system plan and plantings will be reviewed by the Municipal Operations Department prior to the issuance of building permits. Required Plans: The Director shall approve landscape planting and sprinkler irrigation plans and specifications before issuance of a building permit, if appropriate. Complies. Standard included in the proposed conditions of approval. REQUIREMENT PROPOSED PROJECT Maintenance of Landscaping: a. Landscape materials and landscaped areas shall be maintained in compliance with the approved landscape plan. b.Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. c. Landscaped areas shall be kept free of weeds and debris. d.Irrigation systems shall be kept operable, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Complies. Conditions of approval are included to ensure compliance with these requirements. 68 2018 PC- Attachment City of Newport Beach Design Guidelines: Automobile Service Stations and Washing (Guidelines) 69 INTENTIONALLY BLANK PAGE70 ADOPTED BY RESOLUTION NUMBER 99-37 MAY 24, 1999 City of Newport BeachDesign Guidelines 71 City of Newport Beach Design Guidelines Table of Contents I. Introduction and Purpose II. Design Guidelines A. General 1. Site Relationships 2. Landscape Design 3. Off-Street Parking Design B. Residential C. Commercial D. Signs E. Additional Design Guidelines for Special Development Types 1. Automobile Service Stations and Washing F. Additional Design Guidelines for Special Districts and Sites 72 I I. Introduction and Purpose The Design Guidelines are intended to provide design criteria for architects, engineers, builders, developers and landscape architects during the planning and conceptual development stages of their projects. These guidelines also provide a basis for those individuals or bodies having discretionary authority to review and evaluate the design of these projects. These guidelines are not intended to restrict creativity, variety, innovation or imagination, but rather to assist the designer in achieving a quality design which will enhance the proposed development and the City, and be compatible with adjacent development and land uses. These guidelines are not regulatory, but rather advisory on the part of the City’s approval authority. They shall be used to evaluate a project’s consistency with City policies, particularly those relating to visual quality, community character, and the protection of adjacent development and land uses. Furthermore, should any conflict exist between these guidelines and codified development regulations, the development regulations shall prevail. 73 II Additional Design Guidelines for Special Development Types Automobile Service Stations and Washing See Chapter 20.80 of the City of Newport Beach Zoning Code for land use and property development regulations. In addition to the design guidelines contained herein, the service station design shall be consistent with any design criteria or guidelines adopted by the City Council for the commercial district within which the service station is located, if any. Site Design The site design for projects located at street corners should provide some structural or strong design element to anchor the corner. This can be accomplished using a built element or with strong landscaping features. In areas developed with a strong street presence, service stations should be oriented adjacent to the sidewalk, placing any service bay door and car wash openings on the rear of the structure facing away from public streets. Bay door and car wash openings should also be oriented away from any adjacent noise Place driveways as far from intersections as possibleBuilding placememonument sign, landscaping anccornerRECOMMENDEDNOT RECOMMENDEDOne driveway approper frontageDriveway approclose to interseMultiple driveway approachesStructure setbackaway from streets74 III sensitive uses. 75 IV Site Design (Continued) Where possible, construct smaller, separate service islands/canopies, rather than a single large one. Service bay doors and car wash openings should be oriented so as to reduce visibility from public streets. The site design should also address potential visual and noise impacts to adjacent land uses. Architectural Design i Site specific architectural design is strongly encouraged. Rather than adapting a standard design to the site, the City strongly encourages floor plans and elevations that are unique to the community and are not a corporate or franchise design that is indistinguishable from those found elsewhere in the region. i Building architecture should be designed to provide an attractive appearance that is compatible with and complimentary to the surrounding area. All architectural details should be related to an overall architectural theme. 76 V All buildings and structures on the site should have consistent materials and architectural and design elements to provide a cohesive project site. Conflicting materials and architectural and design elements within the site or on a building are strongly discouraged. Service stations should incorporate facade material to produce texture and to provide interest. Such materials include, but are not limited to, split face block, brick, slumpstone, granite, marble, clapboard, textured block or stucco. Reflective, glossy, and fluorescent surfaces are discouraged. Structures, including service island canopies, should incorporate full roof treatments with a low to moderate pitch and/or a varied parapet height. Variations in roof lines and heights should be provided where feasible. Flat roofs should be avoided unless it is a characteristic of a specific architectural style. Clay tile, concrete tile, wood shake, wood shingles, slate or a similar grade of roofing material should be used on all visible pitched roofs. Metal roofs should be avoided unless it is a characteristic of a specific architectural style. All service bays should be provided with roll-up (or similar) doors with all operating mechanisms located in the interior of the structure. Site and Architectural Design Details All accessory buildings and structures should incorporate materials and architectural and design elements consistent with the principal building. Exterior storage and trash should be sited to be least visible from public view. Screening should consist of masonry walls with solid wood or metal doors. Exterior storage and trash should provide a screening trellis cover when visible from above (including upper floors) from adjacent properties. 77 VI Tall (10 feet or higher) tank vents should be completely screened or incorporated into the building architecture. Any roof top mechanical equipment should be screened from view. Site and Architectural Design Details (Continued) Any structures used for housing air and water dispensers and similar fixed equipment should incorporate the architectural detail and design elements of the principal structure. Long expanses of wall surfaces should be architecturally treated to prevent monotony. Extensive expanses of pavement should be avoided. The amount of unrelieved pavement area on the site should be limited through the use of landscaping, contrasting colors and banding or pathways of alternate paver material. Canopies should not be internally illuminated. Light fixtures should be recessed into the canopy and no glare should be visible from the fixture. 78 VII Exterior lighting should be designed to avoid glare and direct light away from adjacent properties. Exterior lighting sources should be concealed so that it is not visible from adjacent properties.79 VIII Access and Circulation The on-site circulation pattern should include adequate driving space to maneuver vehicles around cars parked at the pumps. Fuel storage areas should be sited to insure that delivery trucks do not obstruct the public right-of-way during delivery. Driveway approaches should be limited to one per street for corner locations, or two per street for mid-block locations. Driveway approaches should be placed as far from intersections as possible. Driveway approaches on the same street should be placed a minimum of 25 feet apart. Landscaping All plant materials should be of sufficient size so that the landscaping has an attractive appearance at the time of installation and a mature appearance within three years of planting. Landscaping should be used to enhance architectural and design elements, break up large paving areas, buffer adjacent land uses and to screen undesirable features from public view. Where possible, landscape areas should provide a three tier system of grasses and groundcovers, shrubs, and trees. The use of landscaped berms and/or low screening walls adjacent to sidewalks is encouraged. 80 IX Signs All freestanding signs should incorporate materials and architectural and design elements consistent with the overall design of the project. Monument signs are the preferred type of freestanding sign. Backlit individually cut letter and internally illuminated channel letter wall signs are preferable to can wall signs. Multiple uses on the same site are encouraged to share space on freestanding signs, rather than provide individual signs. Fuel price signs should be incorporated into projects principal identification sign. The size and number of temporary and minor signs should be limited. Temporary and minor signs should be incorporated into the design of the 81 X principal building and the service islands. 82 ADOPTED BY RESOLUTION NUMBER 99-37 MAY 24, 1999 Crime Prevention The site plan and floor plan should incorporate crime preventive design features. Such features may include, but are not limited to, openness to surveillance and control of the premises, the perimeter, and surrounding properties; reduction of opportunities for congregating and obstructing public ways and neighboring property; illumination of exterior areas; and limiting furnishings and features that encourage loitering and nuisance behavior. 83 INTENTIONALLY BLANK PAGE84 2018 PC - Attachment Noise Study 85 INTENTIONALLY BLANK PAGE86 Noise Mitigation Analysis for The Proposed Jamboree Shell Car Wash City of Newport Beach, California Project #570301-0100-B August 28, 2018 Prepared For: R&MPacific Rim 14251 Firestone Boulevard, Suite 210 La Mirada, CA 90638 Prepared By: Ted Lindberg, INCE Bd. Cert. Mike Holritz, INCE Landrum & Brown 19700 Fairchild Road, Suite 230 Irvine, CA 92612 949-349-0671 87 Jamboree Shell Car Wash Landrum & Brown Project #570301-0100-B _____________________________________________________________________________ _____________________________________________________________________________ Page 1 of 8 NOISE MITIGATION ANALYSIS FOR THE PROPOSED JAMBOREE SHELL CAR WASH CITY OF NEWPORT BEACH 1.0 INTRODUCTION A car wash is being proposed for the existing Shell gas station at the corner of Jamboree Road and San Joaquin Hills Road. The car wash will be “self-serve” and is planned to be open 24 hours per day. The purpose of this report is to determine whether the noise levels from the proposed car wash will be consistent with the Noise Ordinance adopted by the City of Newport Beach. The project calls for the addition of a tunnel-type car wash. The developer is planning to design and construct this car wash very similar to an existing Arco car wash facility located in the City of San Diego using the same Ryko Soft Gloss Maxx system. This report presents the results of car wash noise measurements at the existing San Diego car wash, and determines whether that design is acceptable for the Jamboree Shell site in Newport Beach. The car wash will be located in the City of Newport Beach, as shown in Exhibit 1. The site plan is shown in Exhibit 2. The nearest residences are located to the east (Big Canyon) and to the south (Villas at Fashion Island). Other residential areas are located much farther from the facility. The potential noise impacts on these residential areas are addressed in this report, and required mitigation measures are identified. 2.0 BACKGROUND INFORMATION ON NOISE Sound is technically described in terms of the loudness (amplitude) of the sound and frequency (pitch) of the sound. The standard unit of measurement of the loudness of sound is the decibel (dB). Decibels are based on the logarithmic scale. The logarithmic scale compresses the wide range in sound pressure levels to a more usable range of numbers in a manner similar to the Richter scale used to measure earthquakes. In terms of human response to noise, a sound 10 dB higher than another is judged to be twice as loud; and 20 dB higher four times as loud; and so forth. Everyday sounds normally range from 30 dB (very quiet) to 100 dB (very loud). Since the human ear is not equally sensitive to sound at all frequencies, a special frequency- dependent rating scale has been devised to relate noise to human sensitivity. The A-weighted decibel scale performs this compensation by discriminating against frequencies in a manner approximating the sensitivity of the human ear. Community noise levels are measured in terms of the “A-weighted decibel” abbreviated dBA. Exhibit 3 provides examples of various noises and their typical A-weighted noise level. Two commonly used metrics to describe fluctuating noise levels are Leq and Lmax. These metrics are described below. The noise level limits set forth in the City’s Noise Ordinance are specified in terms of these metrics. 88 N Exhibit 1 Vicinity Map P a r k N e w p o r t Jamboree Rd. Ford R d . S a n J o a q u i n H i l l s R d . F a s h i o n I s l a n d S a n t a Arch Bay Dr.Barba ra Project Location 89 N JamboreeRoadSa n J o a q u i n H i l l s R o a d Exhibit 2 Site Plan90 Exhibit 3 Typical A-Weighted Sound Levels Outdoor Indoor0dBA 20 40 60 80 100 120 140 threshold of hearing (0 dBA) whisperingat5feet(20dBA) quiet residential area (40 dBA) refrigerator (50 dBA) rustling of leaves (20 dBA) sewing machine (60 dBA) normal conversation (60 to 65 dBA) air-conditioner at 100 feet (60 dBA) car at 25 feet at 65 mph (77 dBA)living room music or TV (70 -75 dBA) diesel truck at 50 feet at 40 mph (84 dBA) propeller airplane flyover at 1000 feet (88 dBA) motorcycle at 25 feet (90 dBA) lawnmower (96 dBA) garbage disposal (80 dBA) vacuum cleaner (60-85 dBA) snowmobile (100 dBA) rock concert (110 dBA) car horn (110 dBA) ringing telephone (80 dBA) baby crying on shoulder (110 dBA) ambulance siren (120 dBA) stock car races (130 dBA) dishwasher (55-70 dBA) shouted conversation (90 dBA) jackhammer (130 dBA) leaf blower (110 dBA) backhoe at 50 feet (75-95 dBA) pile driver at 50 feet (90-105 dBA) Sources: League for the Hard Of Hearing, www.lhh.org Handbook of Noise Control, McGraw Hill, Edited by Cyril Harris, 1979 Measurements by Landrum & Brown 91 Jamboree Shell Car Wash Landrum & Brown Project #570301-0100-B _____________________________________________________________________________ _____________________________________________________________________________ Page 2 of 8 Leq is the sound level corresponding to a steady-state sound level that would contain the same total energy as the time-varying signal over a given sample period. Leq is the “energy” average noise level during the time period of the sample. It is the energy average of all the events and background noise levels that occur during that time period. Lmax is the loudest sound level measured during the time period of the sample. Sound levels decrease as a function of distance from the source as a result of wave divergence, atmospheric absorption and ground attenuation. As the sound wave travels away from the source, the sound energy is dispersed over a greater area, thereby dispersing the sound power of the wave. Intervening topography or sound walls can also have a substantial effect on the effective perceived noise levels. Noise has been defined as unwanted sound and it is known to have several adverse effects on people. From these known effects of noise, criteria have been established to help protect the public health and safety and prevent disruption of certain human activities. These criteria are based on such known impacts of noise on people as hearing loss, speech interference, sleep interference, physiological responses and annoyance. Each of these potential noise impacts on people are briefly discussed in the following narratives: HEARING LOSS is not a concern in community noise situations of this type. The potential for noise induced hearing loss is more commonly associated with occupational noise exposures in heavy industry or very noisy work environments. Noise levels in neighborhoods, even in very noisy airport environs, are not sufficiently loud to cause hearing loss. SPEECH INTERFERENCE is one of the primary concerns in environmental noise problems. Normal conversational speech is in the range of 60 to 65 dBA, and any noise in this range or louder may interfere with speech. There are specific methods of describing speech interference as a function of distance between speaker and listener and voice level. SLEEP INTERFERENCE is a major noise concern for traffic noise. Sleep disturbance studies have identified interior noise levels that have the potential to cause sleep disturbance. Note that sleep disturbance does not necessarily mean awakening from sleep, but can refer to altering the pattern and stages of sleep. 92 Jamboree Shell Car Wash Landrum & Brown Project #570301-0100-B _____________________________________________________________________________ _____________________________________________________________________________ Page 3 of 8 PHYSIOLOGICAL RESPONSES are those measurable effects of noise on people that are realized as changes in pulse rate, blood pressure, etc. While such effects can be induced and observed, the extent is not known to which these physiological responses cause harm or are signs of harm. ANNOYANCE is the most difficult of all noise responses to describe. Annoyance is a very individual characteristic and can vary widely from person to person. What one person considers tolerable can be quite unbearable to another of equal hearing capability. 3.0 NEWPORT BEACH NOISE ORDINANCE CRITERIA Noise ordinances are designed to protect adjacent noise-sensitive land uses from non- transportation related noise sources operating on private property (e.g., manufacturing facilities, music, and mechanical equipment). Many communities have developed noise ordinances to control these types of non-transportation related noise. The criteria contained in the City’s Noise Ordinance (Municipal Code Chapter 10.26) are consistent with the recommendations set forth by the State Department of Health Services, and also consistent with noise ordinances currently adopted by many communities. These criteria are given in terms of allowable noise levels for a given period of time at the affected property. Higher noise levels are permitted during the day (7 a.m. to 10 p.m.) than at night (10 p.m. to 7 a.m.). The City of Newport Beach Noise Ordinance levels are contained in Table 1, and they show the acceptable levels at outdoor residential land uses during each time period. The residential standards would apply to all receptor locations addressed in this report. The Leq standards refer to the average noise level measured during a fifteen-minute period. The Lmax criterion applies to the highest noise level reached during the fifteen-minute period. If the ambient noise is louder than the Noise Ordinance limits, then the maximum allowable noise level under that category shall be increased to reflect the maximum ambient noise level. 93 Jamboree Shell Car Wash Landrum & Brown Project #570301-0100-B _____________________________________________________________________________ _____________________________________________________________________________ Page 4 of 8 Table 1 CITY OF NEWPORT BEACH EXTERIOR NOISE ORDINANCE CRITERIA __________________________________________________________________________ NOISE LEVEL NOT TO BE EXCEEDED NOISE Daytime Nighttime LAND USE METRIC 7 a.m. to 10 p.m. 10 p.m. to 7 a.m. __________________________________________________________________________ Residential Leq (15-minute) 55 dBA 50 dBA Residential Lmax 75 dBA 70 dBA __________________________________________________________________________ As the car wash is expected to operate 24 hours a day, the projected noise levels are compared to both the daytime and the nighttime criteria. Previous measurements have shown that for this type of noise source, the Leq levels, and not the Lmax levels, are the critical metric. In the remaining text, compliance with the daytime and nighttime Leq criteria in the Noise Ordinance is the primary focus. The indoor noise standards are 10 dB more stringent than the outdoor noise standards. Since residential buildings can be expected to provide at least 20 dB of outdoor-to-indoor noise reduction, compliance with the exterior noise standards will also result in compliance with the indoor noise standards. 4.0 AMBIENT NOISE LEVELS The noise standards can be adjusted for loud ambient conditions. The ordinance states that if the ambient conditions are louder than the ordinance limits, then the ambient conditions become the critical limits. In other words, when the ambient noise is louder than the Noise Ordinance limits, then the noise generated by the source cannot exceed the ambient conditions. The ambient noise levels at the two properties nearest the proposed project site were measured for 20 minutes during the daytime hours and for 20 minutes during the nighttime period. The measurements were performed on October 27 and November 17, 2016. The measurement sites are shown in Exhibit 4. During the measurements, local traffic, aircraft overflights, and vehicle passes were the primary noise sources. 94 NExhibit 4 Ambient Measurement Locations 22 11 95 Jamboree Shell Car Wash Landrum & Brown Project #570301-0100-B _____________________________________________________________________________ _____________________________________________________________________________ Page 5 of 8 The sound level meter used for the measurements was a Brüel and Kjær Model 2236 sound level meter. This meter conforms to American National Standards Institute (ANSI) Type 1 specifications. The meter is laboratory calibrated and certified annually with calibration traceable to the National Institute of Standards and Technology (NIST). The meter was field calibrated before and after the measurement period using a Brüel and Kjær Model 4231 acoustical calibrator. The acoustical calibrator is also certified annually with calibration traceable to the NIST. Per the requirements of the City’s Noise Ordinance, the sound level meter was set to record A-weighted sound levels with slow response. The results of the ambient noise measurements are presented below in Table 2. Table 2 AMBIENT NOISE MEASUREMENT RESULTS _____________________________________________________________________ SITE PERIOD Lmin LEQ Lmax _____________________________________________________________________ 1 Big Canyon, October 27, 2016 2:08 to 2:28 p.m. 48.6 58.3 67.1 10:13 to 10:33 p.m. 44.6 52.7 59.4 2 Villas at Fashion Island, November 17, 2016 12:54 to 1:14 p.m. 52.2 66.1 75.4 10:27 to 10:47 p.m. 48.8 61.0 76.7 _____________________________________________________________________ The results of the noise measurements indicate that the ambient Leq noise levels are above the Noise Ordinance limits, and therefore, adjustment to the criteria is warranted. The applicable noise level limit for each adjacent area (for daytime and nighttime periods) is shown below in Table 3. 96 Jamboree Shell Car Wash Landrum & Brown Project #570301-0100-B _____________________________________________________________________________ _____________________________________________________________________________ Page 6 of 8 Table 3 APPLICABLE NOISE LEVEL LIMITS (dBA LEQ) _____________________________________________________________________________ Noise Land Limit SITE LOCATION Use Period (Leq) Limitation _____________________________________________________________________________ 1 Big Canyon Residential Daytime 58.3 Measured Ambient Nighttime 52.7 Measured Ambient 2 Villas at Fashion Island Residential Daytime 66.1 Measured Ambient Nighttime 61.0 Measured Ambient _____________________________________________________________________________ 5.0 PROJECTED CAR WASH NOISE LEVELS The projected noise levels from the planned Jamboree Shell car wash are based on the measured noise levels at the existing Arco car wash facility at 3170 Carmel Valley Road in San Diego. The Arco facility uses a Ryko Soft Gloss Maxx car wash system. This car wash is equipped with automatic doors at both the entrance and exit ends, and these doors are essential in reducing the noise levels from the car wash facility when they are closed. The noise levels at this facility were measured on November 20, 2015 and August 12, 2016. Measurement sites were chosen to determine the noise levels at two varying orientations relative to the car wash exit (at approximately 90 degrees and 45 degrees), and at one location representing the entrance end. These orientations correspond to the nearest noise-sensitive receptors at the Newport Beach site. The measurement sites are shown in Exhibit 5. The car wash operations of interest (wash cycle, rinse cycle, and dry cycle) were measured. Local traffic, gas station operations, and vehicle passes were not able to be excluded, and influenced the measurements slightly. The sound level meter used for the measurements was a Brüel and Kjær Model 2236 sound level meter. This meter conforms to American National Standards Institute (ANSI) Type 1 specifications. The meter is laboratory calibrated and certified annually with calibration traceable to the National Institute of Standards and Technology (NIST). The meter was field calibrated before and after the measurement period using a Brüel and Kjær Model 4231 acoustical calibrator. The acoustical calibrator is also certified annually with calibration traceable to the NIST. The sound level meter was set to record A-weighted sound levels with slow response. 97 EElllCCCa aammmiiinn noooRRReeeaaalll N Exhibit 5 Existing Car Wash Measurement Locations GGaaasssPPPuuummmpppsssCCaaarrrWWWaaassshhh EExxxiiissstttiiinnngggAAArrrcccooo GGaaasssSSStttaaatttiiiooonnn SSaaannnDDDiiieeegggooo EExxxiiittt EEnnnttt CCaaarrrmmmeeelllVVVaaalllllleeeyyyRRRoooaaaddd 22 11 33 98 Jamboree Shell Car Wash Landrum & Brown Project #570301-0100-B _____________________________________________________________________________ _____________________________________________________________________________ Page 7 of 8 Based upon the measured car wash source noise data and the site plan, the noise levels were calculated for observers at the nearest residential locations (Site A, Site B, Site C) in Big Canyon and an observer at the Villas at Fashion Island (Site D). These modeled receptor locations are shown in Exhibit 6. The distance to each observer, the effect of the tunnel end doors, and the orientation to the car wash tunnel are included in the calculations. The resulting projected noise levels are shown below in Table 4. Table 4 PROJECTED NOISE LEVELS (dBA) _____________________________________________________________________________ Adjusted Night Projected Time Noise Comparison Land Limit Level To Noise Site Location Use (Leq) (Leq) Level Limit _____________________________________________________________________________ With Jamboree Shell car wash designed like existing Arco facility A Big Canyon Residential 52.7 49.4 Meets Ordinance B Big Canyon Residential 52.7 48.3 Meets Ordinance C Big Canyon Residential 52.7 43.8 Meets Ordinance D Villas at Fashion Island Residential 61.0 318 Meets Ordinance _____________________________________________________________________________ The results of the analysis indicate that with the car wash designed like the existing Arco facility, the Leq noise levels at all the nearest residential areas are projected to meet the adjusted daytime and nighttime Noise Ordinance limits. It should be noted that the car wash noise levels are also projected to meet the City’s Noise Ordinance limits without any adjustment for ambient conditions. The proposed car wash must be designed, constructed, and operated the same as the existing Arco car wash in order for the noise level limits to be met. This includes such items as equipment types and locations, door types and configuration, and operational parameters such as when the doors open and close. 99 NExhibit 6 Modeled Receptor Locations AA BB CC DD 100 Jamboree Shell Car Wash Landrum & Brown Project #570301-0100-B _____________________________________________________________________________ _____________________________________________________________________________ Page 8 of 8 6.0 DESIGN MEASURES Calculations have shown that with the car wash designed and operated like the existing Arco facility, the project will meet the City’s daytime and nighttime Noise Ordinance limits. The following design items must be adhered to in order for the noise level limits to be met. • The car wash equipment shall be the Ryko Soft Gloss Maxx system, and shall be placed in the same locations within the tunnel as at the Arco facility. • The building design (walls and roof) shall be the same materials as used at the Arco facility. • The roll-up doors shall be the same type, and shall be installed the same as the Arco facility. Both the entrance end and exit end doors need to be in the closed position when a car is being washed and dried. With these design measures in place, the noise levels at the nearest homes will meet the daytime and nighttime Noise Ordinance limits. 101 19700 FAIRCHILD ROAD, SUITE 230, IRVINE, CA 92612 PHONE: 949•349•0671 LANDRUM & BROWN Memorandum Date: August 9, 2018 To: Ahmad Ghaderi, A & S Engineering From: Mike Holritz, INCE Subject: Jamboree Shell Vacuum Cleaner Noise Levels Per the City’s request, this memo addresses the potential vacuum cleaner noise impacts from the Jamboree Shell car wash facility on the adjacent residential areas. Other car wash equipment noise levels from the Jamboree Shell car wash were analyzed in a previous report by this firm (Report #570301-0100, November 29, 2016). Noise levels for a vacuum station were measured at the car wash facility at 27882 Aliso Creek Road in Aliso Viejo on January 27, 2016. The vacuum station planned for the Jamboree Shell car wash is very similar to this equipment. The measurements indicate that the vacuum station produces a sound pressure level of 77.5 dBA at a distance of 10 feet while in operation. The nearest residential area that has clear line-of-sight to the vacuum station is the Park Newport project to the northwest across Jamboree Road. The nearest portion of this residential area is 255 feet from the vacuum station. At this distance, the vacuum station noise levels would be 49.4 dBA Leq with the vacuum running continuously. This meets the City’s Nighttime Noise Ordinance limit of 50 dBA Leq. The Villas at Fashion Island project is directly to the south across San Joaquin Hills Road. The nearest portion of this residential area is about 340 feet from the vacuum station. At this distance, the vacuum station noise levels would be 46.9 dBA Leq with the vacuum running continuously. This meets the City’s Nighttime Noise Ordinance limit of 50 dBA Leq. Residential areas in the Big Canyon project to the east receive substantial shielding from the intervening retail building and are projected to experience vacuum noise levels of about 30 dBA. This meets the City’s Nighttime Noise Ordinance limit of 50 dBA Leq. 102 Attachment No. PC 3 September 13, 2018, Planning Commission Minutes 103 INTENTIONALLY BLANK PAGE104 105 106 107 108 Attachment No. PC 4 Resubmittal including public outreach efforts from the applicant 109 INTENTIONALLY BLANK PAGE110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 INTENTIONALLY BLANK PAGE136 Attachment No. PC 5 Car Wash Noise Analysis Jamboree Shell Newport Beach, California prepared by Mike Holritz with Bridgenet International dated February 5, 2020 137 INTENTIONALLY BLANK PAGE138 The Wolff Company 1 Report#2019-XXX ThhhhhhhhhhhThhhhhThhhhThhhhhhhhhhhhhhhhhhhhhhheee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee WoWWWoWoWoWoWWWoWWoWoWWWoWoWoWoWoWoWoWoWoWoWoWoWoWooWoWoWoWoWoWWoWoWooWoWoWWoWoooWoWooolffffffffffffffffff ffffffff ffffffffffffffffffffffffffffffffff ffffffffffffffffffffffffffffffffffffffffffffffff CCCCCooCCCCCCCCCCCCCCCCCCCCCCCCCCCCooCCooCCCCCCCCmppmpppppppmpmpananananannaanannnananaannaaaananaanayyyyyyyyyy 1 Report#2019-XXX Report #2019-5037-A February 5, 2020 Car Wash Noise Analysis Jamboree Shell Newport Beach, California Prepared for: R&M Pacific Rim 14251 Firestone Boulevard, Suite 210 La Mirada, CA 90638 Mike Holritz, INCE 20201 SW Birch Street, Suite 250 Newport Beach, CA 92660 714-272-2302 Mike.Holritz@AirportNetwork.com 139 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 2 1.0 Definitions •Noise is undesired sound. •Sound is defined as vibrations traveling through the air or another medium that can be heard when they reach the ear. •Decibel (dB)is a unit used to measure the level of a sound by comparing it with a given reference level on a logarithmic scale. One decibel equals 10 times the common logarithm of the power ratio. •“A-Weighting” is a frequency correction that correlates overall sound pressure levels with the frequency response of the human ear. •Leq is the equivalent sound pressure level or “energy” average noise level during a specific time-period. It can be measured for any period, but is typically measured for fifteen minutes, 1 hour, or 24 hours. 2.0 Introduction A car wash is being proposed for the existing Shell gas station at the east corner of Jamboree Road and San Joaquin Hills Road. The car wash will be “self-serve” and is planned to be open from 7 a.m. to 10 p.m. The purpose of this report is to determine whether the noise levels from the proposed car wash will be consistent with the Noise Ordinance adopted by the City of Newport Beach. The project calls for the addition of a tunnel-type car wash. The developer is planning to design and construct this car wash with the same Ryko Soft Gloss Maxx system as an existing Arco car wash facility located in the City of San Diego. This report presents the results of noise measurements at the existing San Diego car wash, and determines whether that design is acceptable for the Jamboree Shell site in Newport Beach. The car wash will be located in the City of Newport Beach, as shown in Figure 1. The site plan is shown in Figure 2. The nearest residences are located to the east (in Big Canyon). The Villas at Fashion Island are to the south of the car wash, and farther away. It was demonstrated in a previous report (Project #5703601-0100-B by Landrum & Brown, August 28, 2018) that noise levels at other areas are well below the City’s Noise Ordinance limits. Therefore, the noise levels at Big Canyon and the Villas at Fashion Island are addressed in this report. Since the preparation of the previous report, 16’-high wing walls have been added at the entrance and exit ends of the tunnel. The noise levels with these additional noise reduction features will be determined. 140 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 3 Figure 1 – Project Location 141 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 4 Figure 2 – Project Site Plan 142 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 5 Figure 3 – Car Wash Tunnel Detail Entrance End Exit End 143 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 6 3.0 Background Information on Noise Sound is technically described in terms of the loudness (amplitude) of the sound and frequency (pitch) of the sound. The standard unit of measurement of the loudness of sound is the decibel (dB). Decibels are based on the logarithmic scale. The logarithmic scale compresses the wide range in sound pressure levels to a more usable range of numbers in a manner similar to the Richter scale used to measure earthquakes. In terms of human response to noise, a sound 10 dB higher than another is judged to be twice as loud; and 20 dB higher four times as loud; and so forth. Everyday sounds normally range from 30 dB (very quiet) to 100 dB (very loud). Since the human ear is not equally sensitive to sound at all frequencies, a special frequency- dependent rating scale has been devised to relate noise to human sensitivity. The A-weighted decibel scale performs this compensation by discriminating against frequencies in a manner approximating the sensitivity of the human ear. Community noise levels are measured in terms of the “A-weighted decibel”abbreviated dBA. Figure 4 provides examples of various noises and their typical A-weighted noise level. Two commonly used metrics to describe fluctuating noise levels are Leq and Lmax. These metrics are described below. The noise level limits set forth in the City’s Noise Ordinance are specified in terms of these metrics. Leq is the sound level corresponding to a steady-state sound level that would contain the same total energy as the time-varying signal over a given sample period. Leq is the “energy” average noise level during the time period of the sample. It is the energy average of all the events and background noise levels that occur during that time period. Lmax is the loudest sound level measured during the time period of the sample. Sound levels decrease as a function of distance from the source as a result of wave divergence, atmospheric absorption and ground attenuation. As the sound wave travels away from the source, the sound energy is dispersed over a greater area, thereby dispersing the sound power of the wave. Intervening topography or sound walls can also have a substantial effect on the effective perceived noise levels. 144 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 7 Figure 4 – Typical A-Weighted Sound Levels 145 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 8 Noise has been defined as unwanted sound and it is known to have several adverse effects on people. From these known effects of noise, criteria have been established to help protect the public health and safety and prevent disruption of certain human activities. These criteria are based on such known impacts of noise on people as hearing loss, speech interference, sleep interference, physiological responses and annoyance. Each of these potential noise impacts on people are briefly discussed in the following narratives: HEARING LOSS is not a concern in community noise situations of this type. The potential for noise induced hearing loss is more commonly associated with occupational noise exposures in heavy industry or very noisy work environments. Noise levels in neighborhoods, even in very noisy airport environs, are not sufficiently loud to cause hearing loss. SPEECH INTERFERENCE is one of the primary concerns in environmental noise problems. Normal conversational speech is in the range of 60 to 65 dBA, and any noise in this range or louder may interfere with speech. There are specific methods of describing speech interference as a function of distance between speaker and listener and voice level. SLEEP INTERFERENCE is a major noise concern for traffic noise. Sleep disturbance studies have identified interior noise levels that have the potential to cause sleep disturbance. Note that sleep disturbance does not necessarily mean awakening from sleep, but can refer to altering the pattern and stages of sleep. PHYSIOLOGICAL RESPONSES are those measurable effects of noise on people that are realized as changes in pulse rate, blood pressure, etc. While such effects can be induced and observed, the extent is not known to which these physiological responses cause harm or are signs of harm. ANNOYANCE is the most difficult of all noise responses to describe. Annoyance is a very individual characteristic and can vary widely from person to person. What one person considers tolerable can be quite unbearable to another of equal hearing capability. 146 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 9 4.0 Newport Beach Noise Ordinance Criteria Noise ordinances are designed to protect adjacent noise-sensitive land uses from non- transportation related noise sources operating on private property (e.g., manufacturing facilities, music, and mechanical equipment). Many communities have developed noise ordinances to control these types of non-transportation related noise. The criteria contained in the City’s Noise Ordinance (Municipal Code Chapter 10.26) are consistent with the recommendations set forth by the State Department of Health Services, and also consistent with noise ordinances currently adopted by many communities. These criteria are given in terms of allowable noise levels for a given period of time at the affected property. Higher noise levels are permitted during the day (7 a.m. to 10 p.m.) than at night (10 p.m. to 7 a.m.). The City of Newport Beach Noise Ordinance limits are contained in Table 1, and they show the acceptable levels at outdoor residential land uses during the applicable time period for operation of the car wash. The residential standards would apply to all receptor locations addressed in this report. The Leq standards refer to the average noise level measured during a fifteen-minute period. The Lmax criterion applies to the highest noise level reached during the fifteen-minute period. If the ambient noise is louder than the Noise Ordinance limits, then the maximum allowable noise level under that category can be increased to reflect the maximum ambient noise level. Table 1 CITY OF NEWPORT BEACH EXTERIOR NOISE ORDINANCE CRITERIA __________________________________________________________________________ NOISE LEVEL NOT TO BE EXCEEDED NOISE Daytime LAND USE METRIC 7 a.m. to 10 p.m. __________________________________________________________________________ Residential Leq (15-minute) 55 dBA Residential Lmax 75 dBA __________________________________________________________________________ As the car wash is expected to operate from 7 a.m. to 10 p.m., the projected noise levels will be compared to the daytime criteria. Previous measurements have shown that for this type of noise source, the Leq levels, and not the Lmax levels, are the critical metric. In the remaining text, compliance with the daytime Leq criteria contained in the Noise Ordinance is the primary focus. The indoor noise standards are 10 dB more stringent than the outdoor noise standards. Since residential buildings can be expected to provide at least 12 dB of outdoor-to-indoor noise reduction with windows open, compliance with the exterior noise standards will also result in compliance with the indoor noise standards. 147 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 10 5.0 Ambient Noise Levels The noise standards can be adjusted for loud ambient conditions. The ordinance states that if the ambient conditions are louder than the ordinance limits, then the ambient conditions become the critical limits. In other words, when the ambient noise is louder than the Noise Ordinance limits, then the noise generated by the source cannot exceed the ambient conditions. The ambient noise levels at Big Canyon and at The Villas at Fashion Island site were measured for 20 minutes during the daytime hours. The measurements were performed on October 27, and November 17, 2016. The measurement sites are shown in Figure 5. During the measurements, local traffic, aircraft overflights, and vehicle passes were the primary noise sources. The sound level meter used for the measurements was a Brüel and Kjær Model 2236 sound level meter. This meter conforms to American National Standards Institute (ANSI) Type 1 specifications. The meter is laboratory calibrated and certified annually with calibration traceable to the National Institute of Standards and Technology (NIST). The meter was field calibrated before and after the measurement period using a Brüel and Kjær Model 4231 acoustical calibrator. The acoustical calibrator is also certified annually with calibration traceable to the NIST. Per the requirements of the City’s Noise Ordinance, the sound level meter was set to record A-weighted sound levels with slow response. The results of the ambient noise measurements are presented below in Table 2. Table 2 AMBIENT NOISE MEASUREMENT RESULTS _____________________________________________________________________ SITE PERIOD Lmin LEQ Lmax _____________________________________________________________________ 1 Big Canyon, October 27, 2016 2:08 to 2:28 p.m. 48.6 58.3 67.1 2 Villas at Fashion Island, November 17, 2016 12:54 to 1:14 p.m. 52.2 66.1 75.4 _____________________________________________________________________ The results of the noise measurements indicate that the ambient Leq noise levels are above the Noise Ordinance limits, and therefore, adjustment to the criteria is allowed. The adjusted noise level limit for each adjacent area is shown below in Table 3. 148 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 11 Figure 5 – Ambient Measurement Locations 149 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 12 Table 3 ADJUSTED NOISE LEVEL LIMITS (dBA LEQ) _____________________________________________________________________________ Adjusted Noise Land Limit Cause of LOCATION Use Period (Leq) Adjustment _____________________________________________________________________________ Big Canyon Residential Daytime 58.3 Measured Ambient Villas at Fashion Island Residential Daytime 66.1 Measured Ambient _____________________________________________________________________________ The Noise Ordinance allows an upward adjustment if ambient conditions are louder that the ordinance limits. However, it will be shown that the project meets the ordinance limits without any such adjustment. 6.0 Projected Car Wash Noise Levels The projected noise levels from the planned Jamboree Shell car wash are based on the measured noise levels at the existing Arco car wash facility at 3170 Carmel Valley Road in San Diego. The San Diego Arco facility uses a Ryko Soft Gloss Maxx car wash system. This car wash is equipped with automatic doors at both the entrance and exit ends, and these doors are essential in reducing the noise levels from the car wash facility when they are closed. The noise levels at this facility were measured on November 20, 2015 and August 12, 2016. Measurement sites were chosen to determine the noise levels at two varying orientations relative to the car wash exit (at approximately 90 degrees and 45 degrees), and at one location representing the entrance end. These orientations correspond to the nearest noise-sensitive receptors at the Newport Beach site. The measurement sites are shown in Figure 6. The car wash operations of interest (wash cycle, rinse cycle, and dry cycle) were measured. Local traffic, gas station operations, and vehicle passes were not able to be excluded, and influenced the measurements slightly. The sound level meter used for the measurements was a Brüel and Kjær Model 2236 sound level meter. This meter conforms to American National Standards Institute (ANSI) Type 1 specifications. The meter is laboratory calibrated and certified annually with calibration traceable to the National Institute of Standards and Technology (NIST). The meter was field calibrated before and after the measurement period using a Brüel and Kjær Model 4231 acoustical calibrator. The acoustical calibrator is also certified annually with calibration traceable to the NIST. The sound level meter was set to record A-weighted sound levels with slow response. 150 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 13 Figure 6 – San Diego Car Wash Source Noise Measurement Locations 151 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 14 Based upon the measured car wash source noise data and the site plan, the noise levels were calculated for observers at the nearest residential locations (Site A, Site B, Site C) in Big Canyon and for Site D in the Villas at Fashion Island. These modeled receptor locations are shown in Figure 7. The distance to each observer, the effect of the tunnel end doors, the orientation to the car wash tunnel, and noise reduction provided by the two wing walls are included in the calculations. The resulting projected noise levels are shown below in Table 4. Figure 7 – Jamboree Shell Car Wash Modeled Receptor Locations 152 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 15 Table 4 PROJECTED NOISE LEVELS (dBA) _____________________________________________________________________________ Day Projected Time Noise Comparison Land Limit Level To Noise Site Location Use (Leq)(Leq)Level Limit _____________________________________________________________________________ With Jamboree Shell car wash designed like existing Arco facility and the addition of wing walls at both ends A Big Canyon Residential 55 dBA 39.7 dBA Meets Ordinance B Big Canyon Residential 55 dBA 28.8 dBA Meets Ordinance C Big Canyon Residential 55 dBA 30.2 dBA Meets Ordinance D Villas Residential 55 dBA 31.8 dBA Meets Ordinance _____________________________________________________________________________ The analysis shows that the addition of the 16-foot high wing walls results in a significant increase in noise reduction at Big Canyon. The Noise Ordinance allows an upward adjustment if ambient conditions are louder that the ordinance limits. However, Table 4 shows that the project meets the ordinance limits without any such adjustment. The results of the analysis indicate that with the car wash designed like the existing Arco facility, and the addition of 10-foot long wing walls 16 feet high at both the entrance and exit end of the car wash tunnel, the Leq noise levels at all the nearest residential areas are projected to meet the adjusted daytime Noise Ordinance limits. It should be noted that the car wash noise levels are also projected to meet the City’s Noise Ordinance limits without any adjustment for ambient conditions. With the exception of the additional wing walls, the proposed car wash must be designed, constructed, and operated the same as the existing Arco car wash in order for the noise level limits to be met. This includes such items as equipment types and locations, door types and configuration, and operational parameters such as when the doors open and close. While not required in order to meet the Noise Ordinance, we recommend that the exterior surface of the east edge of the car wash tunnel be constructed using split-face block, and that the wing walls be constructed using split-face block on both surfaces. These design considerations can help to minimize reflected noise from both the car wash and the traffic on the adjacent roadway. Landscaping covering these walls can also be beneficial. 153 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 16 7.0 Design Measures Calculations have shown that with the car wash designed and operated like the existing Arco facility, the project will meet the City’s daytime Noise Ordinance limits. The following design items must be adhered to in order for the noise level limits to be met. • The car wash equipment shall be the Ryko Soft Gloss Maxx system, and shall be placed in the same locations within the tunnel as at the Arco facility. • The building design (walls and roof) shall be the same materials as used at the Arco facility. • The roll-up doors shall be the same type, and shall be installed the same as the Arco facility. Both the entrance end and exit end doors need to be in the closed position when a car is being washed and dried. • Wing walls 10 feet long and 16 feet high are part of the project design, and the effect of these barriers were included in the noise analysis. These walls are required in order for the projected noise levels in this report to be valid. The noise barriers must have a surface density of at least 3.5 pounds per square foot, and shall have no openings or gaps. The wall may be constructed of any masonry material. Split-face block is recommended. With these design measures in place, the noise levels at the nearest homes will meet the daytime Noise Ordinance limits. 154 Car Wash Noise Analysis Jamboree Shell, Newport Beach Report#2019-5037-A 17 8.0 Vacuum Cleaner Noise Levels This section addresses the potential vacuum cleaner noise impacts from the Jamboree Shell car wash facility on the adjacent residential areas. Noise levels for a vacuum station were measured at the car wash facility at 27882 Aliso Creek Road in Aliso Viejo on January 27, 2016. The vacuum station planned for the Jamboree Shell car wash is very similar to this equipment. The measurements indicate that the vacuum station produces a sound pressure level of 77.5 dBA at a distance of 10 feet while in operation. The nearest residential area that has clear line-of-sight to the vacuum station is the Park Newport project to the northwest across Jamboree Road. The nearest portion of this residential area is 255 feet from the vacuum station. At this distance, the vacuum station noise levels would be 49.4 dBA Leq with the vacuum running continuously. This meets the City’s Daytime Noise Ordinance limit of 55 dBA Leq. The Villas at Fashion Island project is directly to the south across San Joaquin Hills Road. The nearest portion of this residential area is about 340 feet from the vacuum station. At this distance, the vacuum station noise levels would be 46.9 dBA Leq with the vacuum running continuously. This meets the City’s Daytime Noise Ordinance limit of 55 dBA Leq. Residential areas in the Big Canyon project to the east receive substantial shielding from the intervening retail building and are projected to experience vacuum noise levels of about 30 dBA. This meets the City’s Daytime Noise Ordinance limit of 55 dBA Leq. 155 INTENTIONALLY BLANK PAGE156 Attachment No. PC 6 Correspondence received 157 INTENTIONALLY BLANK PAGE158 1 Sent:Wednesday, June 10, 2020 9:07 AM Subject:RE: Shell Service Station Proposed Car Wash Addition From:DaveKuhn<dbkuhn42@gmail.com> Sent:Monday,June8,202011:29AM To:Whelan,Melinda<MWhelan@newportbeachca.gov> Cc:'MarkColeman'<mark@tfpgroup.com>;'JoanColeman'<joanalicecoleman@gmail.com>;'CarlSwain' <carl@carlswain.net>;'Lynnswain'<lynn@lynnswain.com>;CoulterShelia<dacoulter@cox.net>;DonnaBecker <dbecker800@icloud.com>;HelgaMeyer<helgaing@me.com>;GerryGiannini<gerral@outlook.com>;MitchArrington <mitch@wcsfitness.com>;MarilynBrewer<maybrew@aol.com>;KatColao@gmail.com;'MichaelClauss' <dmclauss@aol.com>;'JockFischer'<fjfischer@cox.net> Subject:ShellServiceStationProposedCarWashAddition Importance:High [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. DearMs.Whelan: YoumayrememberthatwehadseveralconversationsayearandahalfagowhentheadditionofacarwashtotheShell StationonSanJoachinHillsRoadwasfirstproposed. Asownersofoneofthetwomostaffectedpropertiesadjacenttothecarwash,mywifeandIhaveveryserious concernsabouttheimpactsofthisproject.Wearenotalone.IthinkIcansaywithoutfearofcontradictionthatthe vastmajorityofhomeownersintheCanyonMesasectionofBigCanyonfeelthesameway.Wewantachanceto prepareapresentationinoppositiontotheproject,andachancetobeheard. Weonlylearnedofthisproposedhearingthroughthe“grapevine.”Whatarethelegalnoticerequirements?Whenwas apublicnoticegoingtobemailedouttoaffectedpropertyowners?Hasthestaffreportbeenwritten?Isitavailableto thepublic?Hastheapplicantseenityet?Wastheapplicantinvolvedinthepreparationofthestaffreport? Ialsofeelitisverycurious,tosaytheleast,thattheapplicanthaschosenthistimetoaskforapublichearingwhencivil unrestandtheCovid19pandemichavecombinedtomakeitverydifficulttoorganizeopposition.Havingapublic hearingwithouttheabilityforthepublictoparticipateinpersononsuchasensitiveissueisnot,inmyopinion,fairnora true“publichearing.” DavidB.Kuhn,Jr. 30RueFontainebleau NewportBeach,CA92660 (949)500Ͳ0770 Dbkuhn42@gmail.com 159 From:Mark E Chatow To:Planning Commissioners Subject:Project PA2016-093 Shell Service Station Car Wash - Opposed Date:Tuesday, June 09, 2020 10:44:37 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commission: I am writing to oppose the proposed general plan amendment and CUP for the Shell Service Station Car Wash at 1600 Jamboree Road. While I am in favor of growth in the right areas and don't oppose appropriate projects such as new condominium construction in the area, allowing a new car wash to be constructed immediately adjacent to a long-standing residential neighborhood would be against all principles of well-reasoned city planning. This property has been located immediately adjacent to Big Canyon for decades, and homeowners have purchased their homes based on an understanding of the existing use. As Jamboree is obviously a heavily-trafficked street, the gas station currently adds little, if any, additional noise for Big Canyon residents. That would not be the case with the car wash. In addition to increasing the number of cars visiting the station outside the normal peak hours (including people drying and vacuuming their cars on the property), the car wash would substantially increase noise levels. The high-powered dryers required for automated car washes operate at decibel levels that will create significant and consistent additional noise pollution in the Big Canyon community. Additionally, unlike traffic noise, which tends to be fairly consistent such that people eventually learn to live with it, the car wash blowers (and vacuums if present) will cause periodic bursts of noise at random times. The best analogy I can give is for you to imagine gardeners wielding massive, 10 foot-high leaf blowers on the slopes between Jamboree and Big Canyon. The city would obviously not allow that, and it should not allow the same noise from the proposed project. Amending the general plan and allowing a CUP for a new automated car wash (particularly given that there is one literally across the street already) immediately adjacent to an existing residential neighborhood would undermine the reasons we have general plans and planning commissions in the first place and I urge you to deny the pending application. If the Commission make the unfortunate choice to approve the application, I would further urge you to do it conditioned on maintenance of specific decibel levels, and the requirement to take all necessary sound abatement measures such as coating the tunnel with sound absorbing materials designed for that environment, requiring doors on both ends of the car wash, specifying limited operating hours, denying any request to have vacuum stations, and paying for extensive landscaping for the adjacent slopes which will help to both visually and auditorily screen the station and the car wash from Big Canyon. Regards, Mark Chatow 160 Mark Chatow, Esq. 23 Corporate Plaza Drive, Suite 150 Newport Beach, CA 92660 949-478-8393 (Office) 310-922-8665 (Cell) This electronic message contains information that may be Confidential and Privileged. The Information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution or taking of any action based on the contents of this electronic information is unauthorized. If you received this electronic information in error, please delete the message and any attachment and notify us immediately. Thank you. 161 INTENTIONALLY BLANK PAGE162 Attachment No. PC 7 Revised Plans 163 INTENTIONALLY BLANK PAGE164 PA2016-093 Attachment No. PC 7 - Revised Plans 165 RAD. N 51°49'07" W RAD. N 54°18'44" W S A N J O A Q U I N H I L L S R O A DJ A M B O R E E R O A DRAD.N 38°20'52" ERAD. N 53°57'12" W N 53°57'12" W L=262.60' N 0 8 ° 0 8 ' 2 6 " W L = 4 6 0 . 3 7 'TAN=132.63'L=265.22'R=6094.00'=02°29'37"R=65.0 0 ' L = 9 9 . 4 9 'TAN=62.44 'NOPARKING S A N J O A Q U I N H I L L S R O A D CCTVCCTVCCTVCCTVCCTVCCTVCCTV60'-3"72'-6"12'-3"78'-0" 67'-8"10'-4"15'-0"EASEMENT(E) DRWY. APPROACH(E) DRWY. APPROACH(E) PLANTER(E) PLANTER(E) PLANTER (E) SIDEWALK (E) SIDEWALK(E) SIDEWALK(E) ELECT. METER (E) SIGN "FASHION ISLAND"(E) DRWY. APPROACH(E) DRWY. APPROACH 6'6' -8"5' 8' 4' (E) CATCH BASIN (E) EDISON PULLBOX 30' SETBACK30' SETBACK30' SETBACK PA2016-093 Attachment No. PC 7 - Revised Plans 166 30'-0"SETBACKCCTVCCTVCCTVCCTVCCTVCCTVCCTVRAD. N 51°49'07" W RAD. N 54°18'44" W S A N J O A Q U I N H I L L S R O A DJ A M B O R E E R O A DRAD.N 38°20'52" ERAD. N 53°57'12" W N 53°57'12" W L=262.60' N 0 8 ° 0 8 ' 2 6 " W L = 4 6 0 . 3 7 'TAN=132.63'L=265.22'R=6094.00'=02°29'37"R=65.0 0 ' L = 9 9 . 4 9 'TAN=62.44 '26'-0"5 0 ' - 0 "22'-0"2 0 7 ' - 1 0 " 2 0 2 ' - 6 "60'-3"72'-6"12'-3"78'-0" 67'-8"10'-4"30'-0"SETBACK30'-0" SETBACK (E) DRWY. APPROACH(E) DRWY. APPROACH(E) PLANTER(E) PLANTER(E) PLANTER (E) SIDEWALK (E) SIDEWALK(E) SIDEWALK(E) ELECT. METER (E) SIGN "FASHION ISLAND"10'-0"LINEOFSITE525'-0" LINE OF SITE (E) DRWY. APPROACH(E) DRWY. APPROACH (E) EDISON PULLBOX (E) CATCH BASIN 6'6' -8"5' 8' 4'6"3'-1"4'-0"29'-8"26'-11"2 6 ' - 0 " 9 7 '10'-0"12'-0"NOPA R K I N G27'-4"6'-0"7' - 8 "26'-4"REV. PER PLANNING DIV.05/04/201701 SH15'-0"9'-0"1134 SF 50.7 SF 228 SF 118 SF 520.5 SF 641.7 SF 08/18/201802 ER 09/24/201803 SH 1 0 ' - 0 " 1 0 ' - 0 " 1 0 ' - 0 "WA L L 1 0 ' - 0 "WA L L S A N J O A Q U I N H I L L S R O A D PA2016-093 Attachment No. PC 7 - Revised Plans 167 SALES AREA RESTROOM PA2016-093 Attachment No. PC 7 - Revised Plans 168 Enter Exit Car Wash PA2016-093 Attachment No. PC 7 - Revised Plans 169 PA2016-093 Attachment No. PC 7 - Revised Plans 170 PA2016-093 Attachment No. PC 7 - Revised Plans 171 1134 SF 228 S 118 SF 520.5 SF 641.7 SF 1" 12.57 1" 21.75 1" 4 1.52 1" 3 3.6 1" 5 5.50 1" 61.47 1" 7 4.32 1" 8 2.8 1" 9 1.14 1" 101.59 1" 113.9 1" 12 1.07 C FS San Jauquin HillsJamboree Road SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY Rain Bird XCZLF-100-PRF 12 Low Flow, 0.2-10gpm, with 1" Low Flow Valve valve and 1" Pressure Regulating RBY filter and 40psi pressure regulator. Pipe Transition Point above grade 13 Pipe transition point from PVC lateral to drip tubing with riser to above grade installation. Hunter HE-B Emitter Tree Ring Dripline 33 Number correlates with Valve Number. Use (3) 60 HE-B emmitters per 24" box tree; space emitters evenly around root ball. Area to Receive Dripline Rain Bird XFS-04-18 4,397 l.f. XFS Sub-Surface Pressure Compensating Dripline w/Copper Shield Technology. 0.4 GPH emitters at 18" O.C. Laterals spaced at 18" apart, with emitters offset for triangular pattern. UV Resistant. Specify XF insert fittings. Area to Receive Dripline Rain Bird XFS-06-24 293.1 l.f. XFS Sub-Surface Pressure Compensating Dripline w/Copper Shield Technology. 0.6 GPH emitters at 24" O.C. Laterals spaced at 24" apart, with emitters offset for triangular pattern. UV Resistant. Specify XF insert fittings. Existing Irrigation Adjust and repair per new planting. SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY Quick Coupler Rain Bird 5-LRC 1 1" Brass Quick-Coupling Valve, with Corrosion-Resistant Stainless Steel Spring, Locking Thermoplastic Rubber Cover, and 1-Piece Body. Provide every 50` where needed. Existing controller 1 Verfiy location in field. Reconfigure per new planting and hydrozones. Existing Flow Sensor 1 Verify location in field. Conifirm functionality and replace if necessary. Point of Connection 1" 1 Verify location of mainline in field. Connect to mainline after B.F.P. and flow sensor. Irrigation Lateral Line: PVC Schedule 40 230.1 l.f. Irrigation Mainline: Existing Mainline 828.3 l.f. Repair or replace where necessary. Adjust per new planting. Pipe Sleeve: CPVC Schedule 40 38.6 l.f. 2018-03-27 16:17 C FS Valve Number Valve Size Valve Flow Valve Callout # IRRIGATION SCHEDULE NOTES: 1. Replace or adjust existing irrigation per new planting. Re-use existing valves if possible. 2. Connect all new valves to existing mainline and add to existing controller. NN 202 East Cota Street Santa Barbara, CA 93101 tel 805.962.9055 fax 805.962.5658 arcadiastudio.com No. 3513 EXP. 10.31.19 0 16 328 PA2016-093 Attachment No. PC 7 - Revised Plans 172 202 East Cota Street Santa Barbara, CA 93101 tel 805.962.9055 fax 805.962.5658 arcadiastudio.com No. 3513 EXP. 10.31.19 PA2016-093 Attachment No. PC 7 - Revised Plans 173 202 East Cota Street Santa Barbara, CA 93101 tel 805.962.9055 fax 805.962.5658 arcadiastudio.com No. 3513 EXP. 10.31.19 PA2016-093 Attachment No. PC 7 - Revised Plans 174 E-ER E-ER E-ERCCTVCCTVCCTVCCTVCCTVCCTVCCTV1134 SF 118 SF 520.5 SF 641 RI-EPRI-EPRI-EPRI-EPRI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP LT-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EPRI-EPRI-EPRI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP RI-EP PM-EP PM-EP PM-EP PM-EP PM-EP PM-EP PM-EP PM-EP PM-EP PM-EP PM-EPPM-EP BB BB BB BB BB BB BB BB BB BB BB LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT LT RI-EPRI-EP RI-EPRI-EP RI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EPRI-EP AN AN AN AN AN AN AN AN AN ANAN ANAN ANAN AN MC MC MCMC MCMC MCMC MCMCMCMC MCMC MC MCMCMC MC MC MC MC MC MC MC MC MCMC MC MC MC MC MC MCMCMC MC MC MC MCMC MC MCMC MC MC MC ANAN AN AN AN AN ANAN AN AN AN AN MC MCMC MC MC MC MC MC MC MCMC MCMC AA AA AA AA AA AA AA AA AA AN AN AN AN AN AN MC MCMC MC MCMC MCMC MC MC MC MC MC MC MC MCMC MC MC MC MC MC MC MC MC PP-EP PP-EP PP-EP MC MC MC MC MCMC MC MC MC MC MCMC MC MC MC MCMC MCMC MC MC LT-EP LT-EP MC MCMC MC MCMCMC MC MC MC MC MC MC MC MC MC MC MC MC MC MC MC MC MCMC MC MC MC MC MC MC MC MC MC MC MC MC MC MCMCMCMCMCAN HR HR HR HR HR HR HY HY HY HY HY HY HY HY HR HY HY HY HRHRHR HR HR HR HRHRHRHR HR HY HY HY LT HR HR HR HRHR HR HR HRHRHR HR HY HYHY HYHY HY HYHY HY HYHYHY HY HYHY HY HRHR HRHR HRHRHR HR HRHR HR HRHR HR HRHRHR HRHY HY HY HY HY HYHYHYHR HR HRHR MC MC MCMC MC MC MC MCMC MC MC MC MC MC BB2 BB2 BB2 BB2 BB2 BB2 BB2 BB2 BB2 PG PG PG PG PG PG PG PG PG BB2 BB2 BB2 BB2 BB2 BB2 BB2 BB2 BB2BB2 BB2 BB2 MC San Jauquin HillsJamboree RoadBB2 LT LT LT LT LT LT LT LT TREES BOTANICAL NAME COMMON NAME SIZE QTY REMARKS E-ER (E) Eucalyptus Gum Existing 3 To remain; protect in place. PM-EP (E) Phoenix roebelenii Pigmy Date Palm Multi-Trunk Existing 13 To remain; protect in place. PP-EP (E) Pinus species Pine Existing 13 To remain; protect in place. BB2 Bauhinia x blakeana Hong Kong Orchid Tree 24"box 22 PR Phoenix roebelenii Pygmy Date Palm 24"box 3 PG Podocarpus gracilior Fern Pine 24"box 9 SHRUBS BOTANICAL NAME COMMON NAME SIZE QTY REMARKS BB (E) Buxus microphylla Littleleaf Boxwood Existing 11 LT-EP (E) Ligustrum texanum Texas Privet Existing 61 Existing to remain RI-EP (E) Rhaphiolepis indica Indian Hawthorn Existing 77 Existing to remain AA Agave americana Century Plant 15 gal 9 AN Agave attenuata `Nova`Blue Clone 5 gal 35 HR Hemerocallis x `Red`Red Daylily 5 gal 51 HY Hemerocallis x `Yellow`Daylily 5 gal 38 LT Ligustrum japonicum `Texanum`Wax Leaf Privet 5 gal 71 MC Muhlenbergia capillaris Pink Muhly 5 gal 164 P Parthenocissus quinquefolia `Hacienda Creeper` Hacienda Creeper 5 gal 6 GROUND COVERS BOTANICAL NAME COMMON NAME SIZE SPACING QTY REMARKS -- Existing Turf Existing 4,654 sf To remain Gazania rigens Gazania 1 gal 24" o.c. 1,036 sf Myoporum parvifolium Trailing Myoporum 1 gal 48" o.c. 902 sf Trachelospermum jasminoides Chinese Star Jasmine 1 gal 48" o.c. 605 sf 2019-06-04 09:33 PLANT SCHEDULE NN202 East Cota Street Santa Barbara, CA 93101 tel 805.962.9055 fax 805.962.5658 arcadiastudio.com No. 3513 EXP. 10.31.19 0 16 328 PA2016-093 Attachment No. PC 7 - Revised Plans 175 202 East Cota Street Santa Barbara, CA 93101 tel 805.962.9055 fax 805.962.5658 arcadiastudio.com No. 3513 EXP. 10.31.19 PA2016-093 Attachment No. PC 7 - Revised Plans 176 202 East Cota Street Santa Barbara, CA 93101 tel 805.962.9055 fax 805.962.5658 arcadiastudio.com No. 3513 EXP. 10.31.19 PA2016-093 Attachment No. PC 7 - Revised Plans 177 PA2016-093 Attachment No. PC 7 - Revised Plans 178 From:Mark Coleman To:Planning Commissioners Subject:Proposed Shell Station Car Wash Date:Tuesday, July 7, 2020 4:05:19 PM Attachments:image008.png [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To Members of the City of Newport Beach Planning Commission. My wife Joan Coleman and I live at 34 Rue Fontainbleau, and we are in opposition to the Shell Service Station Car Wash Addition (Project File No.: PA2016-093) for which a general plan amendment and conditional use permit is required. The Project is scheduled to be heard at the Planning Commission Meeting Thursday, July 9.Our issues with the proposed project include the following: 1.Negative impact on the surrounding residential community of Big Canyon, due to increased traffic, incremental increased noise and their negative impact on property values. 2.No demonstrated economic or other need for this additional car wash has been presented by the owner of the site. There are at least 14 other car wash sites in the City of Newport Beach, not to mention all of the mobile car wash operators. 3.We do not believe that the Planning Commission should favor a commercial business owned by a non-resident of Newport Beach, over the interests of surrounding long-term residents. 4.Shoe-horning this unnecessary car wash onto a site that is already burdened with other previous setbacks and variances is overreach. A setback that consumes 15’ of a 30’ area is absurd, for a commercial activity that is not needed. Thank you for your attention, we look forward to speaking Thursday evening. Very truly yours, Mark Coleman, CEO Training Funding Partners 10221 Slater Avenue, Suite 213 Fountain Valley, CA 92708 714.845.4406 (Direct) 949.689.4998 (Cell) mark@tfpgroup.com Planning Commission - July 9, 2020 Item No. 5a Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) From:Pamela Gilmour To:Planning Commissioners Subject:Car Wash Date:Tuesday, July 7, 2020 5:14:39 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. We live in Big Canyon very proximate to the proposed car wash. We are not in favor of amending the General Plan to allow for a car wash to be added to the gas station. Why? There is a gas station across the street from this proposed car wash. The noise of a car wash is awful and not beneficial to our community. Where would people who wish to use the car wash line up - On San Joaquin or Jamboree- obviously not. We find this utterly ridiculous that this is even being considered by the Planning Commission. Please do not allow this car wash. Thank you. My husband and I have been residents of Newport Beach for 45 years. We have lived in 4 different homes in Big Canyon and are very familiar with what would work or be beneficial to our community. Pamela and Donald Gilmour 12 Rue Chantilly Sent from my iPad Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) From:Marilyn Brewer To:Planning Commissioners Subject:Re; Hearing/Shell Gas Station Date:Tuesday, July 7, 2020 7:45:07 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. RE: Agenda item 5 - SHELL SERVICE STATION CAR WASH ADDITION (PA2016-093) Dear Commissioners, I am Marilyn Brewer, a director on the Canyon Mesa Community Association and apast president of the association. I will be addressing the commission on Thursday evening because I believe that it is important for the Planning Commission to understand the background and demographic make up of this community and the impact of the proposed plans. Thank you for this opportunity. Marilyn Brewer Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) From:Gerral Group To:Planning Commissioners Cc:Dave Kuhn; Dave and Christine Sullivan; Lynn Swain; Carl Swain; Marilyn Brewer; Leonard Simon; Mark Coleman; Joan Coleman Subject:Planning Commission Meeting, July 9, 2020, Agenda Item 5, (PA2016-093) Shell Service Station Car Wash Date:Wednesday, July 8, 2020 8:45:05 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Commissioners: I am a resident of Big Canyon Community Association; live in Canyon Mesa Community Association, which is one the sub associations in Big Canyon that will destructively impacted if the requested variance is granted to this applicant. I am firmly opposed to the Commission granting yet another variance to this applicant. I attended to the outreach Zoom Meeting on June 30, 2020, as well as all of the other meetings conducted by Mr. Rosansky over the long course of attempting to have this item succeed. One of the salient points of all of these meetings centered on sound and noise intrusion to the homes in Canyon Mesa that would be caused by the loud mechanical equipment required when the car wash operates. The attempts to negate the sound issues this car wash would create are not verifiable, based upon what was provided at this meeting. Additionally, several questions posed to Mr. Rosansky have yet to be answered. I will be attending the forthcoming meeting and look forward to addressing my concerns. Respectfully, Gerald A. Giannini Treasurer, Director Big Canyon Community Association Treasurer, Director, Canyon Mesa Community Association gerralgroup.com Mobile: 949 683 4952 Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) From:Lsimon@seniorcomputers.com To:Planning Commissioners Cc:"Dave Kuhn"; "Dave and Christine Sullivan"; "Lynn Swain"; "Carl Swain"; "Marilyn Brewer"; "Mark Coleman"; "Joan Coleman"; "Gerral Group" Subject:Planning Commission Meeting, July 9, 2020, Agenda Item 5, (PA2016-093) Shell Service Station Car Wash Date:Wednesday, July 8, 2020 10:41:19 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Commissioners, RE: Agenda item 5 - SHELL SERVICE STATION CAR WASH ADDITION (PA2016-093) My name is Leonard Simon residing at 37 Rue Fontainbleau in Big Canyon. My patio home backs-up on Jamboree and is adjacent to the Shell station. I will be speaking at the Planning Commission meeting on Thursday July 9, 2020. I oppose approving the car wash addition and I will be addressing these topics: Structure of car wash building, CEQA exemption, several environmental considerations, proximity of car wash facility to hydrogen generating facility. Respectfully, Leonard Simon Cell: 562-682-3448 Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) 1 Subject:FW: Follow-up answers to unanswered questions posed at Shell station car wash Zoom meeting on June 30, 2020 Attachments:Responses to Resident Questions at Zoom Meeting.pdf Begin forwarded message:  From: parahdigm@aol.com  Date: July 7, 2020 at 3:26:07 PM PDT  To: "mwhelan@newportbeachca.gov" <mwhelan@newportbeachca.gov>  Subject: Fwd:  Follow‐up answers to unanswered questions posed at Shell station car wash Zoom  meeting on June 30, 2020  Reply‐To: parahdigm@aol.com  HI Melinda: Attached is the question and answer sheet that was sent to the Big Canyon residents that attended the Zoom meeting on June 30. Please include it in the record for Thursday's hearing. Warm regards, Steve -----Original Message----- Sent: Fri, Jul 3, 2020 12:14 pm Subject: Follow-up answers to unanswered questions posed at Shell station car wash Zoom meeting on June 30, 2020 Dear Canyon Mesa Community Association Residents: As promised at our Zoom meeting on June 30, I am attaching the answers to the questions that I said I would follow-up on and report back to you. I have also attached some supporting documentation referenced in the answers to the questions. Please don't hesitate to reach out to me if you have any further questions. Sincerely, Steven Rosansky President & CEO Newport West (714) 381-2460 Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) 2 Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) 3 Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) During the Zoom meeting held on June 30, 2020, the participants asked a number of questions that were answered and asked some that needed follow -up answers. These follow-up questions are listed below along with the answer. In some cases the answer will r efer to a document that has been attached. Question 1: Lynn Swain asked how many cars could be in the queue leading up to the entrance of the car wash? Answer 1: The car wash queue line is 97 feet long and has the ability to hold 5 cars as required by the City code. I have attached a visual of what that will look like. Question 2: Gerry Wilson asked why are the sound tables and dates over 4 years old? Why weren’t the sound measurements updated? Answer 2: This project began in 2015. Sound readings were taken at an ARCO facility located at 3170 Carmel Valley Road, San Diego, CA on November 20, 2015 and August 12, 2016. The ARCO uses a Ryko Soft Glass Maxx car wash system similar to the one planned to be installed at the Shell Station. Since the type of equipment we plan on installing has not changed, the sound measurements are still valid and therefore, there was no need to redo the sound measurements. Question 3: Gerry Wilson asked is the car wash machinery that was used for the sound measurements in San Diego the same as what is planned on being installed at the Shell Station? Answer 3: As stated above the car wash machinery at the San Diego ARCO and the machinery to be installed at the Shell station are virtually the same. I spoke with the man ufacturer representative and he said the equipment only has some minor cosmetic differences. Question 4: Gerry Wilson and Leonard Simon asked what the address is of the car wash in Irvine that we used for the video presentation? Answer 4: The Irvine car wash where we filmed the video is 6501 Quail Hill Pkwy, Irvine, CA. Question 5: Gerry Wilson asked whether the Hydrogen Gas tank installation required a change in the Conditional Use Permit for the Shell station? Answer 5: Newport City staff researched this question. The answer is that the installation was approved by Staff Approval No. SA2010-001 (PA2010-038). (See attached document). There wasn’t a requirement for a change in the use permit because the Planning Director made a finding that the addition of the hydrogen gas facility was in substantial conformance with the existing conditional use permit. Question 6: There were a number of comments regarding whether there are doors on the Chevron station car wash across the street. Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) Answer 6: I visited the Chevron station again and walked inside of it. On the entrance there was no indication that there was ever a roll up door. At the exit end it does appear to have some type of roll up device above the entrance. I have attached pictures of both end s of the car wash. Question 7: Joan Coleman asked why the sound study was not done here in Orange County instead of the ARCO station in San Diego? Answer 7: The sound study was conducted using the San Diego ARCO station car wash because that was the closest one at the time of the study. The car wash in Irvine where we filmed the video was not constructed until 2018 and according to the Ryko manufacturer representative, installation was completed on March 26, 2018. Therefore this facility was not in existence until well after the sound measurements were made. The manufacturer representative also stated that the equipment at the ARCO car wash and the Irvine car wash are both similar to what will be installed at the Shell station. Question 8: Joan Coleman asked whether the car wash sound and the ambient sound would be cumulative? Answer 8: According to our sound engineer, when there is a 10 decibel or greater difference in two noise generation points, the lower decibel sound has virtually no additive ef fect. In our case the difference is in excess of a 20 decibel difference. He will be present at the Planning Commission hearing to answer any sound related questions in more detail. Question 9: Marilyn Brewer asked if the R&M Pacific Rim, Inc. is the original owner of the Shell station? Answer 9: R&M originally entered into a contract with Shell in 2003 to manage the station for Shell. In 2010 Shell sold the gas station to R&M. Question 10: Leonard Simon asked if there are any charts showing the combination of the ambient noise with the car wash noise? Answer 10: There is no chart combining the ambient noise with the car wash noise as this is not relevant (See answer to question 8 above) or required under the code. The code only requires that the sound from the car wash not exceed 55 db at the receptor sites. None of the projected sound levels exceed 40 db at any of the receptor sites according to the most recent sound study. Question 11: Can you provide a copy of the plans for the car wash? Answer 11: The plans have been made a part of the Planning Commission Staff Report and can be accessed here: https://www.newportbeachca.gov/PLN/planning_commission/current_agenda.pdf Question 12: David Kuhn asked where is the new trash enclosure located? Answer 12: The new trash enclosure is located to the left of the car wash entrance adjacent to the queue line. I have attached a diagram where I have circled the location. Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) 30'-0"SETBACK CCTVCCTVCCTVCCTVCCTVCCTVCCTVRAD. N 51°49'07" W RAD. N 54°18'44" W S A N J O A Q U I N H I L L S R O A DJ A M B O R E E R O A DRAD.N 38°20'52" ERAD. N 53°57'12" W N 53°57'12" W L=262.60' N 0 8 ° 0 8 ' 2 6 " W L = 4 6 0 . 3 7 'TAN=132.63'L=265.22'R=6094.00'=02°29'37"R=65 . 0 0 ' L = 9 9 . 4 9 'TAN=62.44 '26'-0"5 0 ' - 0 "22'-0"2 0 7 ' - 1 0 " 2 0 2 ' - 6 "60'-3"72'-6"12'-3"78'-0" 67'-8"10'-4"30'-0"SETBACK30'-0" SETBACK (E) DRWY. APPROACH(E) DRWY. APPROACH(E) PLANTER(E) PLANTER(E) PLANTER (E) SIDEWALK (E) SIDEWALK(E) SIDEWALK(E) ELECT. METER (E) SIGN "FASHION ISLAND"10'-0"LINEOFSITE525'-0" LINE OF SITE (E) DRWY. APPROACH(E) DRWY. APPROACH (E) EDISON PULLBOX (E) CATCH BASIN 6'6'-8"5' 8' 4'6"3'-1"4'-0"29'-8"26'-11"2 6 ' - 0 " 9 7 '10'-0"12'-0"N O P A R K I N G27'-4"6'-0"7 ' - 8 "26'-4"15'-0"9'-0"1 0 ' - 0 "WA L L 1 0 ' - 0 "WA L L S A N J O A Q U I N H I L L S R O A D 1 2 3 4 5 Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) From:Helga Meyer To:Planning Commissioners Subject:Proposed Shell Station Car Wash Date:Wednesday, July 08, 2020 4:59:21 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Commissioners, My name is Helga Meyer and I reside at 33 Rue Fontainbleau. I am vehemently opposed to the proposed car wash project for reasons of noise, hours of operation, and fumes of idling cars. I will speak at the meeting on Thursday on these subjects. Respectfully, Helga Meyer Planning Commission - July 9, 2020 Item No. 5b Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) 1 Subject:RE: Additional information for Shell Car Wash Agenda Item From: parahdigm@aol.com <parahdigm@aol.com>   Sent: Wednesday, July 8, 2020 3:58 PM  To: Whelan, Melinda <MWhelan@newportbeachca.gov>  Subject: Additional information for Shell Car Wash Agenda Item  [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.  Hi Melinda: Please see the email response below that was sent to Gerald Giannini yesterday with a cc to the other listed email addresses. It contains the responses to the questions he posed to me by email. Please note that in his email to the City today, he said I did not respond to his questions. He must have overlooked it in his email box. Please make these responses part of the record for tomorrow's meeting. Warm regards, Steve Rosansky President & CEO Newport West (714) 381-2460 -----Original Message----- To: gerral@outlook.com <gerral@outlook.com> Cc: dbkuhn42@gmail.com <dbkuhn42@gmail.com>; mark@tfpgroup.com <mark@tfpgroup.com>; maybrew@aol.com <maybrew@aol.com>; carl@carlswain.net <carl@carlswain.net>; mitch@wcsfitness.com <mitch@wcsfitness.com>; sull.email@gmail.com <sull.email@gmail.com>; joanalicecoleman@gmail.com <joanalicecoleman@gmail.com>; helgaing@mac.com <helgaing@mac.com>; fjfischer@cox.net <fjfischer@cox.net>; dbecker800@icloud.com <dbecker800@icloud.com>; chrissymkruse@aol.com <chrissymkruse@aol.com>; Lsimon@seniorcomputers.com <Lsimon@seniorcomputers.com>; dmclauss@aol.com <dmclauss@aol.com>; lynn@lynnswain.com <lynn@lynnswain.com>; Fkim@rmshell.com <Fkim@rmshell.com> Sent: Tue, Jul 7, 2020 7:03 pm Subject: Re: SHELL Car Wash - Equipment Hi Gerald: I now have the answers to your questions. Please see my comments in red below. Warm regards, Steve -----Original Message----- From: Gerral Group <gerral@outlook.com> To: parahdigm@aol.com <parahdigm@aol.com> Cc: Dave Kuhn <dbkuhn42@gmail.com>; Mark Coleman <mark@tfpgroup.com>; Marilyn Brewer <maybrew@aol.com>; Carl Swain <carl@carlswain.net>; Mitch Arrington <mitch@wcsfitness.com>; Christine Sullivan <sull.email@gmail.com>; Joan Coleman <joanalicecoleman@gmail.com>; Helga Meyer <helgaing@mac.com>; Jock Fischer <fjfischer@cox.net>; Donna Becker <dbecker800@icloud.com>; Chrissy Kruse <chrissymkruse@aol.com>; Lsimon@seniorcomputers.com Planning Commission - July 9, 2020 Item No. 5c Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) 2 <Lsimon@seniorcomputers.com>; Michael Clauss <dmclauss@aol.com>; Lynn swain <lynn@lynnswain.com> Sent: Fri, Jul 3, 2020 3:15 pm Subject: Re: SHELL Car Wash - Equipment Hello Steve: Thank you for your response and answers to the questions that were raised at the Zoom Meeting on June 30, 2020. Since this matter is of extreme importance and monetarily will affect Big Canyon residents, it is only reasonable that concise verifiable information be provided. Specially, this refers to the Car Wash Manufacture and said equipment. Your reply states that the Irvine car wash, where the video was recorded and the San Diego Arco station car cash, were the sound study was conducted in 2016, "are both similar to what will be installed at the Shell station". Using the word "Similar" means they are not identical and therefore this does not provide the complete information for the impacted resident require, to adequately evaluate and to actually know what the equipment in the application is comprised of. Both the San Diego ARCO car wash where the sound levels were taken and the Irvine ARCO car wash where the video was filmed use a Ryko SoftGloss Maxx 5 washing system with the Onboard Dry system. The same system will be installed at the Shell station. As stated in my reply to Question 3, the manufacturer's representative has informed me that there may be some minor cosmetic differences that do not affect the performance of the car wash or the loudness of the car wash. Therefore, they should be substantially similar but not identical. Also missing from your reply is if the Irvine Station, located on Quail Hill Pkwy, is identical to the one that will be installed at the Shell Station on Jamboree? Please see the answer above. The Ryko Website has an array of options that can be added to or that can enhance the overall car wash operation and customer experience. Does the Application under consideration have a complete listing of these options and accessories to be installed at this location, with model or parts numbers? The application for the conditional use permit does not provide a detailed itemization of the exact configuration of the car wash to be installed. Condition No. 5 of the proposed Conditions of Approval require the installation of the RYKO SoftGloss Maxx system. An application for a CUP would not typically itemize to the detail that you have inquired about. This level of detail will be provided on the building plans equipment list. Again from the Ryko website, the purchaser adds components to arrive at the final product purchased. Increasing accessories and options add to operational noise and the length of time that is required to complete the car wash cycle. I have been assured by the Ryko manufacturer's representative that the loudest part of any of their Ryko SoftGloss Maxx systems is the blower. There are no options that would make the car wash any louder than has been verified by the sound study. The sound study indicates that the car wash as proposed is projected to not exceed 40 db at points A, B & C along Rue Fontainebleau. The City noise ordinance permits up to 55 db per code and even higher if the ambient noise measurement is higher than 55db. I also requested information on the external or adjacent vacuum system that will be part of the car wash installation. The same details are requested for this equipment; manufacture, model number and where this vacuum station will be located. At this time the intention is to install a J.E. Adams vacuum system. It is a two QUIET motor, large dome system. The dome is insulated to reduce noise. I believe I indicated where the vaccum system was being located at the Zoom meeting but if you missed it during my presentation, it will be located in the planter directly in front of the convenience store. When the Irvine video was recorded, if this particular station had such a vacuum station, it was not included in the video. When we filmed the video at the Irvine ARCO station, we were only there to film the difference between the operation of the car wash with the doors open and the doors closed, to demonstrate the operation of the doors and their sound dampening effect. We did not film the vacuum system. We are relying on the sound study prepared for this project to Planning Commission - July 9, 2020 Item No. 5c Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) 3 demonstrate anticipated sound levels of both the car wash system and the vacuum. When a vehicle is inside the car wash and the drying fans are operating and if the vacuum is also in use at the same time, then this becomes a very important sound measurement. Our sound engineer has indicated that when two sound sources of approximately the same level are occurring at the same time, there is very little additive effect and you would expect an insignificant difference in the increase in db. In our case the vacuum system is estimated to generate less than 30 db. The highest projected sound level of the car wash in Big Canyon is less than 40 db. As stated in the answer to Question 8, there should be virtually no additive affect. Thank you for your prompt attention to these questions. Gerald A. Giannini Treasurer, Director Big Canyon Community Association Treasurer, Director, Canyon Mesa Community Association gerralgroup.com Mobile: 949 683 4952 Planning Commission - July 9, 2020 Item No. 5c Additional Materials Received Shell Service Station Car Wash Addition (PA2016-093) From:Mark E Chatow To:Planning Commissioners Subject:Re: Project PA2016-093 Shell Service Station Car Wash - Opposed Date:Thursday, July 09, 2020 10:58:33 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Commission Members: At the request of Steve Rosansky I am writing to let you know that he contacted me regarding this matter. While I appreciated Mr. Rosansky's perspective and his client's efforts to attempt to mitigate the impact from the project, after careful consideration I am still opposed. The essence of my concerns is that the homeowners in our neighborhood, and specifically those located immediately adjacent to the car wash, bought their homes with an understanding of what they were getting. While they implicitly agreed to live near a busy street, they did so with a reasonable expectation that the level of noise, disruption, and health risks taking place at the gas station would not materially change. Further, the car wash is likely to draw customers during times when the road would otherwise be less noisy-- such as evenings and weekends mornings when people have time to get their cars washed. While 7am - 10am has somehow been deemed a reasonable noise window in our modern world, the reality is that most people are relaxing quietly at home at that time in the morning, after 8:00 pm, or on weekends -- particularly given the current pandemic. Based on observations of the number of idling cars and increased traffic at the self-serve car wash across the street, we have to assume the same will take place at this location. Additionally, we have been provided no information that I'm aware of as to the potential toxicity of the chemicals being used in the proposed wash. This is a matter of basic health and fairness. The homeowners didn't sign up for this when they bought, and forcing it on them now puts the (questionable) rights of a single business above the harm it will cause an entire community. If home values decrease because of this, or we find out later that car wash "wax" sprays aerosol and aren't so great for people to be breathing next to their homes, then all of Canyon Mesa will pay the price. While I am generally pro-growth, the equities and risks involved in forcing existing homeowners to endure living literally right next to a car wash far outweigh the relatively minimal societal benefit of allowing a second automated car wash to operate directly across the street from one that already exists. I hope that you will consider my position and those of my fellow homeowners and deny this project. Sincerely, Mark Chatow Planning Commission - July 9, 2020 Item No. 5d Additional Materials Received After Deadline Shell Service Station Car Wash Addition (PA2016-093)  Mark Chatow, Esq.  23 Corporate Plaza Drive, Suite 150  Newport Beach, CA  92660  949-478-8393 (Office)  310-922-8665 (Cell) This electronic message contains information that may be Confidential and Privileged. The Information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution or taking of any action based on the contents of this electronic information is unauthorized. If you received this electronic information in error, please delete the message and any attachment and notify us immediately. Thank you. On Tue, Jun 9, 2020 at 10:44 AM Mark E Chatow <mchatow@chatow.com> wrote: Dear Planning Commission: I am writing to oppose the proposed general plan amendment and CUP for the Shell Service Station Car Wash at 1600 Jamboree Road. While I am in favor of growth in the right areas and don't oppose appropriate projects such as new condominium construction in the area, allowing a new car wash to be constructed immediately adjacent to a long-standing residential neighborhood would be against all principles of well-reasoned city planning. This property has been located immediately adjacent to Big Canyon for decades, and homeowners have purchased their homes based on an understanding of the existing use. As Jamboree is obviously a heavily-trafficked street, the gas station currently adds little, if any, additional noise for Big Canyon residents. That would not be the case with the car wash. In addition to increasing the number of cars visiting the station outside the normal peak hours (including people drying and vacuuming their cars on the property), the car wash would substantially increase noise levels. The high-powered dryers required for automated car washes operate at decibel levels that will create significant and consistent additional noise pollution in the Big Canyon community. Additionally, unlike traffic noise, which tends to be fairly consistent such that people eventually learn to live with it, the car wash blowers (and vacuums if present) will cause periodic bursts of noise at random times. The best analogy I can give is for you to imagine gardeners wielding massive, 10 foot-high leaf blowers on the slopes between Jamboree and Big Canyon. The city would obviously Planning Commission - July 9, 2020 Item No. 5d Additional Materials Received After Deadline Shell Service Station Car Wash Addition (PA2016-093) not allow that, and it should not allow the same noise from the proposed project. Amending the general plan and allowing a CUP for a new automated car wash (particularly given that there is one literally across the street already) immediately adjacent to an existing residential neighborhood would undermine the reasons we have general plans and planning commissions in the first place and I urge you to deny the pending application. If the Commission make the unfortunate choice to approve the application, I would further urge you to do it conditioned on maintenance of specific decibel levels, and the requirement to take all necessary sound abatement measures such as coating the tunnel with sound absorbing materials designed for that environment, requiring doors on both ends of the car wash, specifying limited operating hours, denying any request to have vacuum stations, and paying for extensive landscaping for the adjacent slopes which will help to both visually and auditorily screen the station and the car wash from Big Canyon. Regards, Mark Chatow  Mark Chatow, Esq.  23 Corporate Plaza Drive, Suite 150  Newport Beach, CA  92660  949-478-8393 (Office)  310-922-8665 (Cell) This electronic message contains information that may be Confidential and Privileged. The Information is intended only for the use of the individual(s) or entity named above. If you are not the intended recipient, you are notified that any disclosure, copying, distribution or taking of any action based on the contents of this electronic information is unauthorized. If you received this electronic information in error, please delete the message and any attachment and notify us immediately. Thank you. Planning Commission - July 9, 2020 Item No. 5d Additional Materials Received After Deadline Shell Service Station Car Wash Addition (PA2016-093) Planning Commission Public Hearing July 9, 2020 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 2 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Big Canyon Planned Community designated site for service station Shell Service Station in operation since 1970 Use Permit Amendment approved in 2014 to expand the convenience store within vacated service bays and to add the ABC license 3 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) General Plan Amendment -increase in floor area Use Permit to add the car wash Setback modification adjacent the free-right turn lane September 2018 –item continued Additional public outreach, improve design 4 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) •1,100-square-feet •Queuing for 5 vehicles •1 exterior vacuum Jamboree Rd.San Joaquin Hills Rd.5 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 6 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 7 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 115’ 120’ 8 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 115’ 9 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 120’ 10 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 11 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Site Location Land Use Day Time Limit (Leq)7a- 10p Projected Noise without Wing Walls (Leq) Projected Noise with Wing Walls (Leq) Noise Limit Compliant A Big Canyon Residential 55 dBA 49.4 dBA 39.7 dBA Yes B Big Canyon Residential 55 dBA 48.3 dBA 28.8 dBA Yes C Big Canyon Residential 55 dBA 43.8 dBA 30.2 dBA Yes D Villas Residential 55 dBA 31.8 dBA 31.8 dBA Yes 12 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Conditioned to meet the design requirements of the noise study Identical equipment types,locations and door types andconfiguration, and timing of when the doors open and close asanalyzed in the noise analysis (Arco with identical design) Solid walls with entry and exit doors closed during the washing of each vehicle 10-foot long wing wall extensions, sound attenuation construction Exterior vacuum location Hours of operation reduced to 7:00 a.m. to 10:00 p.m. 13 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Recommend approval of Resolution No. PC2020-022 recommending City Council approval of General Plan Amendment No. GP2018-001 and Conditional Use Permit No. UP2016-025 14 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) For more information contact: Melinda Whelan949-644-3221mwhelan@newportbeachca.govwww.newportbeachca.gov Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) General Plan Statistical Area L2 and Land Use Designation of CG Allows service stations and associated amenities Designated Anomaly No. 62 –maximum 2,300 gross square feet Allows no additions to the existing service station Compared to other service stations and to the size of the lot, too small to provide services of a modern station Economic stimulus Adequate parking, landscaping, and meets noise requirements 16 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Table 1: Measure S Analysis for Statistical Area L-2 Amendments Increased Density Increased Intensity Peak Hour Trip Increase AM PM GP 2007-008 1 0 0.75 1.01 Total Prior Increases 1 0 0.75 1.01 80% of Prior Increases 0.8 0 0.6 0.808 100% of the proposed amendment GP2018-001 0 1,100 3.3 4.4 Total 0.8 1,100 3.9 5.208 Threshold 100 du 40,000 sf 100 trips 100 trips Vote Required?No No No No 17 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Zoning Code Section 20.48.210 (Service Stations) Landscaping –exceeds minimum requirements Car wash walls and wing walls screened with hedges and vines Provides excess parking and the required 5-car queuing for the car wash, adequate circulation Car Wash Setback Modification from free-right turn lane 18 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Car Wash Setback Standard: 30-foot minimum Setback Proposed: 15-feet Triangular shape -3 street frontages Free-right-turn lane -no access to the site 100-feet from main intersection and streets and oriented towards rear Provides adequate on-site queuing Visual screening from free-right-turn lane and residences 19 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Residential uses include Big Canyon (closest) and the Villas at Fashion Island Noise measurements -from existing identical car wash and applied to the surrounding locations including the homes in Big Canyon Exterior Vacuum –measured and applied to closest residential at Park Newport and the Villas, shielding provided for Big Canyon 20 Planning Commission - July 9, 2020 Item No. 5e Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) SHELL STATION CAR WASH PA2016-093 1600 JAMBOREE ROAD NEWPORT BEACH, CA 92660 Applicant Representative Steven Rosansky 1 Applicant R&M Pacific Rim, Inc. Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) PROJECT TEAM 2 Project Engineer Ahmad Ghaderi A & S Engineering, Inc. Sound Acoustics Engineer Mike Holritz BridgeNet International Ryko Representative Jose Valadez National Carwash Solutions Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 1. Outreach 2. Additional Sound Mitigation 3. Reduce Carwash Hours 4. Berm Landscaping 5. Queue for Five Cars Tasks for Applicant after the Sept. 6, 2018 Planning Commission Hearing 3 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Construction of an 1100 square foot automated, self serve car wash tunnel •General Plan Amendment No. GP2018-01 •Conditional Use Permit No. (UP2016-25) Project Description 4 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 5 Site Pictures Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) SitePictures 6 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) SitePictures 7 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) SitePictures 8 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) SitePictures 9 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) SitePictures 10 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) SitePictures 11 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) SitePictures 12 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 13 Landscaping Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Landscaping 14 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Landscaping 15 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 16 Architectural Drawings Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Car Wash 17 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 10-Foot Wall Extensions (Change in Project) 18 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 19 10-Foot Hedge Extensions (Change in Project) Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Relocated Trash Enclosures 20 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 21 Exit Rear Front Entrance Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Driveway 5 Car Queue 22 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Parking Spaces 23 1 2 3 4 5 6 7 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Vacuum & Air and Water Service 24 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) HOURS OF OPERATION 7:00 am -10:00 pm (CHANGE IN PROJECT) 25 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) DEMONSTRATION VIDEO 26 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) SOUND 27 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) City of Newport Beach Ordinance 28 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Ambient Noise Measurement Locations 29 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Ambient Noise 30 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Projected Car Wash Noise Levels 31 “The projected noise levels from the planned Jamboree Shell car wash are based on the measured noise levels at the existing Arco car wash facility at 3170 Carmel Valley Road in San Diego. The San Diego Arco facility uses a Ryko Soft Gloss Maxx car wash system. This car wash is equipped with automatic doors at both the entrance and exit ends, and these doors are essential in reducing the noise levels from the car wash facility when they are closed.” Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Receptor Locations 32 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Projected Noise Levels 33 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) FAA Noise Comparisons 34 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Vacuum 35 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 36 Landscaping on HOA Berm Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Landscaping on HOA Berm 37 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 38 Chevron Car Wash Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Chevron Station 39 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Chevron Station Car Wash Entrance 40 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Chevron Station Car Wash Exit 41 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) •Meeting with Marilyn Brewer and visit to Rue Fontainebleau Jan. 21, 2019 •Presentation at HOA Annual Meeting Jan. 27, 2019 •Meeting with Mark Rogers, General Manager of Park Newport February 13, 2019 •Multiple offers to meet with HOA Board Feb.-Sept. 2019 •Meeting with HOA Board Sept. 25, 2019 •Phone call with Mark Chatow (resident) June 25, 2020 •Zoom project presentation to residents June 30, 2020 Outreach 42 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 1. Outreach 2. Additional Sound Mitigation 3. Reduce Carwash Hours 4. Berm Landscaping 5. Queue for Five Cars Tasks for Applicant after the September 6, 2018 Planning Commission Hearing 43 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Questions? 44 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) Thank You 45 Applicant Representative Steven Rosansky Applicant R&M Pacific Rim, Inc. Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 48 Relocated Car Wash Option 1 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093) 49 Relocated Car Wash Option 2 Planning Commission - July 9, 2020 Item No. 5f Additional Materials Presented at Meeting Shell Service Station Car Wash Addition (PA2016-093)